Political Law Memory Aid

M E M O R Y
A I D
CBO OVER-ALL CHAIRPERSON: Evangeline Co

ASSISTANT CHAIRPERSON: Rose Lyn Rabanera
ACADEMICS COMMITTEE - HEADS:
Reigel Prado, Omar Gabrieles
SECRETARIAT HEAD: Romino Arzadon
FINANCE COMMITTEE HEAD: Kyan Sioco
LOGISTICS COMMITTEE - HEAD: Janis Ruckenbrod
POLITICAL LAW COMMITTEE
HEAD: Leolito de Padua
CO-HEAD: Kristine Ventura
CONSTITUTIONAL LAW I: Arthur Genota,
Lovelyn Villanueva
CONSTITUTIONAL LAW II: Aaron Aonuevo
ADMINISTRATIVE LAW: Rowena dela Cruz
LAW ON PUBLIC OFFICERS: Mary Grace Bentor
ELECTION LAW: Jamil Estorninos
MUNICIPAL CORPORATIONS: Tranquilino Sarmiento
PUBLIC INTERNATIONAL LAW: Patrick Teves
SUBJECT ADVISER:
Atty. Rene B. Gorospe
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CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS:
Reigel Prado, Omar Gabrieles; FINANCE HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
M E M O R Y
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2.Assign to the several departments their respective

powers and duties
3.Establish certain first fixed principles on which
the government is founded
4.Preserve and protect the rights of individuals
against arbitrary actions of those in authority
5.Set limits on the power of the legislature
CONSTITUTIONAL LAW
GENERAL PRINCIPLES
A. DEFINITION
1. Political Law branch of public law
which deals with the organization and
operations of the governmental organs of
the State and defines the relations of the
State with the inhabitants of its territory.
(People v. Perfecto, 43 Phil. 887)
a. Division of Political Law:
i. Constitutional law
ii. Administrative Law
iii. Law
on
Municipal
Corporation
iv. Law of Public Officers
v. Election Laws
2. Constitutional Law - designates the
law embodied in the Constitution and the
legal principles growing out of the
interpretation and application of its
provisions by the courts in specific cases
(Sinco, Philippine Political Law, p.67)
C. CLASSIFICATION OF CONSTITUTION
1.written (conventional or enacted)
2.unwritten (cumulative or evolved).
3.rigid or inelastic
4.flexible or elastic
Philippine Constitution is conventional,
written and rigid. (Art. XVII )
D. Effectivity of the 1987 Constitution

The 1987 Constitution took effect on February 2,
1987, the date of the plebiscite for its ratification
and not on the date its ratification was
proclaimed. (De Leon v. Esguerra, 153 SCRA
602)
CONCEPT OF THE STATE
3. Constitution written instrument by

which the fundamental powers of the
government are established, limited, and
defined and by which these powers are
distributed among the several departments
or branches for their safe and useful
exercise for the benefit of the people.
(Malcolm and Laurel, Phil. Constitutional
Law, p. 6)
a. Nature of Constitution
i. Charter creating the government
ii. Binding on all individuals and
organs of the government
iii. Law to which all other laws must
conform
iv. Test of the legality of all
governmental action
B. PURPOSE OR FUNCTION OF THE
CONSTITUTION
1.Prescribe the permanent framework of the
system of government
A. Definition
1. State - community of persons, more or less
numerous, permanently occupying a fixed
territory, and possessed of an independent
government organized for political ends to which
the great body of inhabitants render habitual
obedience.
2. Nation people bound together by common
attractions and repulsions into a living organism
possessed of a common pulse, intelligence
inspiration, and destined apparently to have a
common history and fate. (Malcolm, Government
of the Philippine Islands, p. 11)
B. Distinction
1.State vs. Nation
STATE
Legal concept
NATION
Racial or ethnic
concept
Not subject to May or may not
external control
be independent
P O L I T I C A L
L A W
ADVISER: Atty. Rene B. Gorospe

POLITICAL LAW HEAD: Leolito de Padua; CO-HEAD: Kristine Ventura
MEMBERS: Aaron Aonuevo, Mary Grace Bentor, Rowena dela Cruz, Jamil Estorninos, Arthur Genota,
Tranquilino Sarmiento, Patrick Teves, Lovelyn Villanueva
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of
external
control
Single state may Single
nation
consist of one or may be made up
more nations
of several states
Agency
or
instrumentality
through
which
the will of the
State
is
formulated,
expressed
and
realized
Permanent
2.State vs. Government

STATE
GOVERNMENT
Principal
Agent
Abstraction
Externalizes the
State
and
articulates its will
i.De jure has rightful title but no power

or control, either because this has been
withdrawn from it or because same has
not yet actually entered into the exercise
thereof.
a. Inhabitants (Art. XIII, Sec. 1;

Art. II, Secs.15 -16; Art. III,
Sec.2)
b. Citizens (Preamble; Art. II, Secs.
1 and 4; Art. III, Sec. 7)
c. Electors (Art. VII, Sec.4; Art.
XVI, Sec. 2; Art. XVIII, Sec. 25).
3.Government institution or aggregate

of institutions by which an independent
society makes and carries out those rules
of action which are necessary to enable
men to live in a social state or which are
imposed upon the people forming that
society by those who possess the power
or authority of prescribing them. (US v.
Dorr, 2 Phil. 332).
a. Administration group of
persons in whose hands the reins of
government are for the time being.
(U.S. v. Dorr, 2 Phil. 332)
b. Government vs. Administration
GOVERNMENT
ADMINISTRATION
Transitional
c. Classification of Government
Meaning of the word

people
under
the
Constitution
2.Territory fixed portion of the surface

of the earth inhabited by the people of
the State
Aggregate of
individuals in
whose hands
the reins of
government
are for the
time being
Doctrine of Parens Patriae

government as guardian of the rights
of
People
(Government
of
Philippines Islands v. El Monte de
Piedad, 35 SCRA 738).
C. Elements of a State
1.People inhabitants of the State, the
number of which is capable for selfsufficiency and self-defense
L A W
ii.De facto government of fact; actually

exercises power or control but without
legal title.
Kinds of De
Government:
Facto
i.De facto proper government that gets

possession and control of, or usurps, by force or
by the voice of the majority, the rightful legal
government and maintains itself against the will
of the latter
ii.Independent
government
established by the inhabitants of the country

who rise in insurrection against the parent state
iii.Government of paramount force
established and maintained by military forces
who invade and occupy a territory of the enemy
in the course of war. (Co Kim Cham v. Valdez
Tan Keh, 75 Phil. 113)
Government of the Philippines the corporate
governmental entity through which the functions of
government are exercised throughout the
Philippines, including the various arms which
political authority is made effective, whether
pertaining to the autonomous regions, the
provincial, city or barangay subdivisions
or
other
forms
of
local government.
(Administrative Code of 1987, Sec. 2[1]).
P O L I T I C A L
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4.Sovereignty
supreme
and
uncontrollable power inherent in a State by
which that State is governed
The political laws of the former

sovereign, whether compatible or
not with those of the new sovereign
are automatically abrogated, unless
they are expressly re-enacted by
affirmative act of the new sovereign.
Municipals laws remain in force.
(Macariola v. Asuncion, 114 SCRA
77)
a. Kinds of Sovereignty
i.Legal Sovereignty authority
which has the power to issue final
commands
ii.Political Sovereignty power
behind the legal sovereign; sum
of the influences that operate
upon it
iii.Internal Sovereignty power
of the state to rule within its
territory Administrative Code of
1987
iv.External
Sovereignty
or
Independence freedom of the
state to carry out its activities
without subjection to or control
by other states.
Theory
of
AutoLimitation - any state
may by its consent,
express
or
implied,
submit to a restriction of
its sovereign rights. There
may
thus
be
a
curtailment
of
what
otherwise is a power
plenary in character.
(Reagan v. CIR, G.R. No.
L-26379. Dec. 27, 1969).
C. JURISDICTION
1.Definition- manifestation of sovereignty
2.Kinds of Jurisdiction
a. Territorial authority to have all
persons and things within its territorial
limits to be completely subject to its
control and protection.
b.Personal - authority over its nationals,
their persons, property, and acts,
whether within or outside its territory.
c.Extraterritorial authority over
persons, things or acts, outside its
territorial limits by reason of their
effects to its territory.
Act of State act done by the
sovereign power of a country, or
by its delegate, within the limits
of the power vested in him; it
cannot be questioned or made
the subject of legal proceedings
in a court of law.
Unauthorized
acts
by
government officials or officers
are not acts of the State.
(Republic v. Sandiganbayan,
G.R. No. 142476 March 20,
2001)
Dominion - capacity of
the state to own or
acquire property. (Lee
Hong Hok v. David, 48
SCRA 372)
Imperium
states
authority
to
govern
embraced in the concept
of sovereignty; includes
passing laws governing a
territory,
maintaining
peace and order over it,
and defending it against
foreign invasion.
b. Effect of Change of Sovereignty
L A W
DOCTRINE OF STATE IMMUNITY

A. Principle of Non-suability of the State
The State may not be sued without its consent.
(Art. XVI, Sec. 3)
B. Bases of State Immunity
1.Reasons of Public Policy Public service
would be hindered and public safety be endangered
if the State could be subjected to suit at the instance
of every citizen
P O L I T I C A L
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contract by a foreign State with a private

party cannot be construed as the ultimate
test of whether or not it is an act jure
imperii or jure gestionis. Such act is only
the start of the inquiry. If the act is in
pursuit of a sovereign activity, or an
incident thereof, then it is an act jure
imperii. (Republic of Indonesia v. Vinzon,
G.R. No. 154705, June 26, 2003)
2. Very Essence of Sovereignty

Immunity from suit is inherent in all
sovereign states. No legal right as against
the authority that makes the law on which
the right depends.
C. Scope
Immunity
of
Doctrine
of
State
1. National Government (Art. XVI, Sec. 3)

2. Foreign states (Art. II, Sec. 2)
3. Local governments (Art. X, Sec. 1)
The principle of state immunity from
suits or the Royal Prerogative of
Dishonesty cannot serve as an
instrument for perpetrating an
injustice on a citizen. (Amigable v.
Cuenca, 43 SCRA 360; Ministerio v.
City of Cebu, 40 SCRA 464; EPG
Construction Co. v. Gregorio R.
Vigilar, G.R. No. 131544, March 16,
2001)
D. Construction:
Waiver of the states immunity from suit,
being a derogation of sovereignty will not be
lightly inferred, but must be construed
strictissimi juris
E. Forms of Consent
1.Express through a duly enacted statute
(general or special law)
2. Implied
a. State itself commences litigation
b. State enters into a contract
Doctrine of state immunity applies to

complaints filed against public officials for
acts done in the performance of their duties.
(Lansang v. Court of Appeals, 326 SCRA
259).
G. Distinction of SUABILITY and LIABILITY
of the state
SUABILITY depends on the consent of the
state to be sued, liability on the applicable
law and the established facts. The
circumstance that a state is suable does not
necessarily mean that it is liable; on the
other hand, it can never be held liable if it
does not first consent to be sued. LIABILITY
is not conceded by the mere fact that the
state has allowed itself to be sued.
Exemptions from legal requirement:
1. it is not required to put a bond for damages
or appeal bond
2. not required to pay legal fees or cost of suit
3. interest not chargeable against it except
when it has expressly stipulated to pay OR
interest is allowed by an act of legislature;
OR in eminent domain cases
4. statute of limitation do not run
VATICAN CITY represents an
entity organized not for political but
for ecclesiastical purpose and
international objects. Despite its size
and object, Vatican City has an
independent government of its own
with the Pope , who is also head of
the Roman Catholic church, as the
Holy See or Head of the State
By consenting to be sued, the State

simply waives its immunity from
suit; it does not concede its liability
to the plaintiff. (Merritt v. Govt of
the Philippine Islands, 34 Phil. 311)
F. Jure Imperii vs. Jure Gestionis
JURE
GESTIONIS
Public acts
Private acts
State immunity is State immunity is
recognized
not recognized
L A W
JURE IMPERII
The mere act of entering into a
DOCTRINE OF SEPARATION OF POWERS

A. Purposes of the Doctrine
Prevent concentration of authority in one person or
group of persons that might lead to irreparable
error or abuse in exercise to the detriment of
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republican institutions; secure action,

forestall overaction, prevent despotism, and
obtain
efficiency
(Pangasinan
Transportation Co. v. Public Service
Commission, 40 O.G., 8th Supp. 57)
B. Principle of Blending of Powers
instance when powers are not confined
exclusively within one department but are
assigned to or shared by several
departments.
L A W
authority by defining legislative policy and

indicating circumstances under which it is
to be pursued and effected
Example of standards- simplicity;
economy and efficiency; justice and
equity; sense and experience of men;
and national security
INHERENT POWERS OF THE STATE
A. POLICE POWER
1. Definition
C. System of Checks and Balances

one department is allowed to resist
encroachments upon its prerogatives or to
rectify mistakes or excess committed by the
other departments.
D.
PRINCIPLE
OF
DELEGATION OF POWERS
NON-
1. general rule: what has been delegated

cannot be delegated (Potestas delegata non
potest delegare) - premised on the ethical
principle that delegated power constitutes
not only a right but a duty to be performed
by the delegate through the instrumentality
of his own judgment and not through the
intervening mind of another.
2. Exceptions to Non-Delegation of
Powers
a. Tariff powers of the President (Art.
VI , Sec. 28[2])
b. Emergency powers of the President
(Art. VI, Sec. 23[2])
c. Delegation to the people at large
(Art. VI, Sec. 32; Art. X, Sec. 10; R.A.
6753, Art. XVII, Sec. 2)
d. Delegation to local governments
(R.A. 7160, Art X)
e. Delegation to administrative bodies
3. Tests of Delegation
a. Completeness test law must be
complete in all essential terms and
conditions when it leaves the
legislature so that there is nothing
for delegate to do when it reaches
him except enforce it
b. Sufficient standard test map
out the boundaries of delegates
Power of promoting public welfare by restraining

and regulating the use of liberty
Power vested by the Constitution in the legislature
to make, ordain, and establish all manner of
wholesome and reasonable laws, statutes and
ordinances, either with penalties or without, not
repugnant to the Constitution, as they shall judge to
be for the good and welfare of the commonwealth,
and for the subjects of the same. Its scope has been
held to be so comprehensive as to encompass
almost all matters affecting the health, safety,
peace, order, morals, comfort and convenience of
the community. (MMDA vs. Bell-Air Village
Association, Inc. 328 SCRA 836)
2. Who may Exercise Police Power
General Rule: Legislature
But also:
a. the president
b. Administrative bodies, and
c. Law-making bodies of LGU
3. Test for Valid Exercise of Police Power
a. Lawful object- interest of the public in
general, as distinguished from those of a
particular class, require the exercise of the
power
b. Lawful means- means employed are
reasonably
necessary
for
the
accomplishment of the purpose, and not
unduly oppressive on individuals.
4. Additional Limitations When Exercised
by Delegate
a. Express grant by law
b. Within territorial limits
c. Must not be contrary to law
B. POWER OF EMINENT DOMAIN
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1. Definition
P O L I T I C A L
L A W
3. Limitations on the Exercise of Power of

Taxation
It is the governments right to appropriate,

in the nature of a compulsory sale to the
State, private property for public use or
purpose.
Inherently possessed by the
national legislature, the power of eminent
domain may be validly delegated to local
governments, other public entities and
public utilities. (Moday v. Court of Appeals,
268 SCRA 586, February 20, 1997)
2. Who May Exercise
but also:
a.
b.
c.
d.
I N
the President
Law-making bodies of LGUs
Public Corporations, and
Quasi-public Corporations
3. Requisites for Exercise

a. Necessity
b. Private property
c. Taking in the constitutional
sense
d. Public use
e. Just compensation
f. Due process of law
C. POWER OF TAXATION
a. Due Process of Law tax should not be

confiscatory
b. Equal Protection Clause taxes should
be uniform and equitable
c. Public Purpose
4. Double Taxation additional taxes are laid on
the same subject by the same taxing jurisdiction
during the same taxing period and for the same
purpose (Punzalan v. Municipal Board of Manila,
95 Phil. 46)
PREAMBLE
A. Definition
1. derived from the Latin word preambulare (to
walk before)
2. Introduction to the main subject; prologue to the
Constitution
Technically speaking, the Preamble
is not considered a source of
substantial right
B. Object and Value of Preamble
1. Sets down origin and purposes
Constitution
2. May serve as an aid in its interpretation
1. Definition
Power by which the sovereign through its
law-making body raises revenue to defray
the necessary expenses of government from
among those who in some measure are
privileged to enjoy its benefits and must
bear its burden.
2. Who may Exercise
But also:
a. Law-making bodies of LGUs (Art. X,
Sec. 5)
b. The President, under Art. VI,
Sec. 28(2), of the Constitution or

as incident of emergency powers
that Congress may grant to him
under Art. VI, Sec. 23(2).
of
the
ART. I NATIONAL TERRITORY

A. National Territory of the Philippines
1. Philippine archipelago with all its islands and
waters embraced therein
2.All other territories over which the Philippines
has sovereignty or jurisdiction
3.Terrestrial, fluvial and aerial domains, including
the territorial sea, seabed, sub-soil, insular shelves,
and other submarine areas thereof
4. Internal waters
B. Archipelagic Doctrine - principle under
which we connect the outmost points of our
archipelago with straight baseline and consider all
P O L I T I C A L
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the waters enclosed thereby as internal

waters. The entire archipelago is regarded
as one integrated unit instead of being
fragmented into thousand of islands.
The waters around between and
connecting the islands of the archipelago,
regardless of their breadth and dimensions,
form part of the internal waters of the
Philippines. (2nd sentence, Art. 1, Sec. 1).
I N
P O L I T I C A L
a. Renunciation of war as an instrument of

national policy
b. Adoption of the generally accepted
principles of international law
c. Adherence to the policy of peace, equality,
justice, freedom, cooperation and amity
with all nations
Declaration only refers to the
renunciation of the Philippines of
aggressive war, not war in defense of
her national honor and integrity.
Article II DECLARATION OF
PRINCIPLES AND STATE POLICIES
Congress is empowered to declare

not war but the existence of a state
of war (Art. VI, Sec. 23[1]).
A. REPUBLICANISM (Art. II, Sec. 1)
Every State, by reason of its

membership in the family of nations,
is bound by the generally accepted
principles of international law,
which are considered to be
automatically part of its own laws.
1.Republican Government democratic

government by representatives chosen by
the people at large.
2. Manifestation of a Democratic and
Republican State
Doctrine of AUTO LIMITATION- it

is wherein Philippines adheres to the
principle of International law as a
limitation to the exercise of its
sovereign.
a. Existence of bill of rights (Art. III)

b. Observance of rule of majority
c. Observance of principle that ours is
a government of laws, not of men
d. Presence of elections through
popular will (Art. V)
e. Observance
of
principle
of
separation of powers and system of
checks and balances (Art. VI, Sec. 1)
f. Observance
of
principle
that
legislature cannot pass irrepealable
laws (Art. VI, Sec. 26)
g. Observance of law on public officers
(Art. XI)
h. Observance of principle of nonsuitability of the State (Art. XVI, Sec.
3)
Exterritorialfiction
in
international law by virtue of which
certain foreign persons and their
things as exempted from jurisdiction
of a state on the theory that they
form an extension of their own state
Extraterritorial- is the extension
of foreign persons from law and
jurisdiction of a state in which they
presently reside, an exemption
which can only exist by virtue of
treaty stipulation to this effect
3. Sovereignty, How Exercised

a. Indirectly through public officials
b. Directly through suffrage
B. INCORPORATION CLAUSE (Art. II,
Sec. 2)
L A W
C. SUPREMACY OF CIVILIAN AUTHORITY

OVER THE MILITARY (Art. II, Sec. 3; Art.
VII, Sec. 18; Art. XVI, Sec. 6)
1. Safeguards Against Military Dictatorship
A. Installation of the President, the highest
civilian authority as the commander-inchief of the military (Art. VII, Sec. 18)
B. Requirement that the members of the
AFP swear to uphold and defend the
1. Three Aspects of the Incorporation

Clause
P O L I T I C A L
L A W

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A I D
Constitution, which is the

fundamental law of the civil
government
Professionalization of the service
and the strengthening of the
patriotism and nationalism, and
respect for human rights, of the
military
Insulation of the AFP from
partisan politics
Prohibition against appointment
to a civil position
Compulsory
retirement
of
officers, so as to avoid
propagation of power
3-year limitation on the tour of
duty of the Chief of Staff, which
although extendible in case of
emergency by the President,
depends
on
Congressional
declaration of emergency
Requirement of professional
recruitment, so as to avoid any
regional clique from forming
within the AFP (Art. XVI, Sec. 5)
Establishment of a police force
that is not only civilian in
character but also under the local
executives (Art. XVI, Sec. 6)
I N
P O L I T I C A L
L A W
to existence and self-preservation.

The Philippines can engage in a
defensive war for self-preservation
and to defend its territorial honor
and integrity.
Duty to defend State is imposed
upon all citizens, including women,
and that the military or civil service
that may be required of them by law
must be personal.
Posse Comnitatus- power of the
state to require all able-bodied
citizen to perform civic duty to
maintain peace and order.
E. PRINCIPLE OF SEPARATION OF
CHURCH AND STATE (Art. II, Sec. 6; Art.
III, Sec. 5; Art. VI, Sec. 29 [2])
Church is not to interfere in purely
political matters or temporal aspects
of mans life and the State, in purely
matters of religion and morals,
which are the exclusive concern of
the other.
The Armed Forces of The

Philippines should not serve
the interest of the President
but of the people and should
not commit abuses against
the people. (Record of the
Constitutional Commission,
Vol. V, p.133.)
Purpose is to delineate the

boundaries
between
the
two
institutions
and
thus
avoid
encroachments by one against the
other because of a misunderstanding
of the limits of their respective
exclusive jurisdictions.
This provision is specifically

addressed to the Armed
Forces of the Philippines and
not
to
the
Philippine
National Police, because the
latter is separate and distinct
from the former. (Record of
the
Constitutional
Commission, Vol. V, p.296.)
F. SOCIAL JUSTICE (Art. II, Secs. 9, 10, 11,

18 and 21; Art. XIII, Sec. 1, 2, and 3)
D. DEFENSE OF THE STATE (Art. II,

Sec. 4; Art. XVI, Sec. 4)
Provision is based on the
inherent right of every State
1. Definition of Social Justice

Social justice is neither communism, nor
despotism, nor atomism, nor anarchy, but the
humanization of laws and the equalization of social
and economic forces by the State so that justice in
its rational and objectively secular conception may
at least be approximated. Social justice means the
promotion of the welfare of all the people, the
adoption by the Government of measures
calculated to insure economic stability of all the
component elements of society, through the
maintenance of a proper economic and social
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b. Decentralization of Powers
abdication of political power in the favor
of local governments units declared to
be autonomous. (Limbona v. Mangelin,
170 SCRA 786)
equilibrium in the interrelations of the

members
of
the
community,
constitutionally, through the adoption of
measures legally justifiable, or extraconstitutionally, through the exercise of
powers underlying the existence of all
governments on the time-honored principle
of salus populi est suprema lex. (Justice
Laurel, Calalang v. Williams, 70 Phil. 726)
2. Distributive Justice the attainment
of a more equitable distribution of land
which recognizes the right of farmers and
regular farm workers who are landless to
own the land they till, and a just share of
other or seasonal farm workers in the fruits
of the land
G. Rights of Labor Guaranteed by the
Constitution (Art. XIII, Sec. 3)
1. Full protection to labor
2. Promotion of full employment and
3. equality of employment opportunity to all
4. Guarantee of right of workers to selforganization
5. Collective bargaining and negotiations
6. Peaceful concerted activities including
the
7. Right to strike in accordance with law
8. Right to security of tenure
9. Right to human conditions of work
10.Right to participate in policy and
decision-making affecting their rights and
benefits.
H. LOCAL AUTONOMY (Art. II, Sec.
25; Art. X)
L A W
Article III - BILL OF RIGHTS

I.
DUE
PROCESS
AND
PROTECTION (Art. III, Sec. 1)
EQUAL
A. Due Process
1. Definition
a. responsiveness to the supremacy of
reason, obedience to the dictates of
justice
b.
It is nothing more and nothing less than

the embodiment of the sporting idea of
fair play
c.
It is a guaranty against any

arbitrariness on the part of the
government, whether committed by the
legislature, the executive or the judiciary
2. Terms
a. Person - includes all persons, natural
as well as artificial.(Natural persons
include both the citizen
and
the
alien:Artificial persons like corporations
and partnerships are covered by the
protection insofar as their property is
concerned)
b. Deprivation - to take away forcibly, to
prevent from possessing, enjoying or
using something. It is the denial of the
right to life, liberty or property.
1. Basis
Strengthening of the local governments is
based on the Jeffersonian view that
municipal corporations are the small
republics from which the great one derives
its strength.
3.Kinds of Decentralization
a. Decentralization
of
Administration delegation
of administrative powers to local
government unit in order to
broaden
the
base
of
governmental powers.
Deprivation per se is not necessarily

unconstitutional. What is prohibited
is the deprivation of life, liberty or
property without due process of law.
c. Life - understood as the integrity of the

physical person.
Thus it is not
permissible to amputate the hands of a
person if he is a thief or castrate him if
he is a rapist
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Included in the guaranty is

the right of an individual the
enjoyment of all the Godgiven faculties that can make
his life worth living. Thus,
the right of reproduction and
the resultant savoring of the
joys of parenthood are part of
the life vouchsafed to the
individual.
ii.The objective must be pursued in a

lawful manner.
iii.The means employed must be
reasonably
related
to
the
accomplishment of the purpose and
not unduly oppressive
b.Procedural Due Process
Requisites of Procedural Due Process
i.There must be an impartial court or
tribunal clothed with judicial power
to hear and determine the matter
before it
ii.Jurisdiction must be lawfully acquired
over the person of the defendant and
over the property which is the
subject matter of the proceeding
iii.The defendant must be given an
opportunity to be heard.
iv.Judgment must be rendered upon
lawful hearing
d. Liberty - the freedom to do

right and never wrong
It is not an unbridled license;
it is a liberty regulated by
law. Thus a person is free to
act but he may exercise his
rights only in such manner as
not to injure the rights of
others.
e. Property - anything that can
come under the right of
ownership and be the subject of
contract. It includes all things
real, personal, tangible and
intangible, excluding:
i. right to public office
ii.the salary attached to it except
when the salary has already
been earned
iii.mere privileges such as license
to operate a cockpit or a
liquor store
4. Impartial and Competent Court - one vested

with jurisdiction over a case as conferred upon it by
law. Example: a Regional Trial Court is competent
to try a prosecution for murder but not for violation
of a municipal ordinance.
The closed mind has no place in the
open society.
It is part of the
sporting idea of fair play to hear the
other side before an opinion is
formed or a decision is made by
those who sit in judgment (Ynot v.
IAC, 148 SCRA 659)
3. Two kinds of Due Process
The judge must not only be impartial

but must also appear to be impartial
as an added assurance to the parties
that his decision will be just. (Javier
v.. Commission on Elections, 144
SCRA 194)
a.Substantive Due Process requires the intrinsic validity of

the law in interfering with the
rights of the person to his life,
liberty or property.
Requisites of Substantive
Due Process
i.It
L A W
5. Jurisdiction
a. In actions personam
must
have
a
valid
governmental objective, i.e.,
the interests of the public
generally as distinguished
from those of a particular
class require the intervention
of the state.
Jurisdiction over the defendant is

acquired by the court by his
voluntary appearance or through
service of summons upon him. This
may be effected personally, or by
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substituted service, or in
exceptional
cases,
by
publication.
b. In actions in rem or quasi in
rem
Jurisdiction of the court is
derived from the power it
may exercise over the
property.
Jurisdiction over the person
is not essential, provided, the
relief granted by the court is
limited to such as can be
enforced against the property
itself. Notice by publication
is sufficient in these cases.
6. Hearing
Every litigant is entitled to
his day in court. He has a
right to be notified of every
incident of the proceeding
and to be present at every
stage thereof so that he may
be heard by himself and
counsel.
Due process as a precept
does not always and in all
situations, require trial-type
prceedings. The essence of
due process is to be found in
the reasonable opportunity to
be heard and to submit any
evidence one may have in
support of ones defense. To
be heard does not only mean
verbal arguments in court.
One may be heard through
pleadings (Stronghold Ins.
Co. v. Court of Appeals, 205
SCRA 605)
on the basis of his own unsupported

conclusions.
8. Administrative Due Process
Requisites
1. The right to a hearing, which includes the right to
present ones case and submit evidence in support
thereof
2. The tribunal must consider the evidence
presented.
3. The decision must have something to support
itself.
4. The evidence must be substantial
5. The decision must be rendered on the evidence
presented at the hearing, or at least contained in
the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act
on its or his own independent consideration of the
law and facts of the controversy and not simply
accept the views of a subordinate in arriving at a
decision
7. The board of body should, in all controversial
questions, render its decision in such a manner that
the parties to the proceeding can know the various
issues involved, and the reason for the decision
rendered.
B. Equal Protection
1. Definition- requires that all persons or things
similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed.
Substantive equality is not enough.
It is also required that the law be
enforced and applied equally.
It is an established principle of
constitutional law that the guaranty
of the equal protection of the laws is
not violated by a legislation based on
reasonable classification.
2. Requisites of Reasonable Classification
a. It must be based upon
distinctions
b. It must be germane to the
law
c. It must not be limited
conditions only
d. It must apply equally to all
the class
7. Judgment
The right to a hearing would
be meaningless if in the end
the judge could disregard the
evidence adduced by the
parties and decide the case
L A W
Substantial Distinctions
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substantial
purposes of
to existing
members of
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A substantial distinction
exists
between
medical
students and other students
who neither is nor subjected
to the NMAT and the threeflunk rule.
The medical
profession directly affects the
very lives of the people,
unlike other careers which,
for this reason, do not
require
more
vigilant
regulation. (DECS v. San
Diego, 180 SCRA 533)
Relevance to the Purpose
To illustrate: The accepted
difference
in
stamina
between men and women
will justify the prohibition of
the latter from employment
as miners but this same
classification cannot provide
for a lower passing average
for women in the bar because
physical strength is not the
test for admission to the legal
profession.
Duration
The classification must be
enforced not only for the
present but as long as the
problem sought to be
corrected continues to exist.
An ordinance imposing on
any and all productions of
centrifugal sugar milled at
the Ormoc Sugar Co., Inc. in
Ormoc City a municipal tax
equivalent to 1% is not valid.
It taxes only centrifugal sugar
produced and exported by
the Ormoc Sugar Industry
and none other. At the time
of the taxing ordinances
enactment, Ormoc Sugar
Company was the only sugar
central in the Ormoc City.
Still, the Classification, to be
reasonable, should be in
terms applicable to future
I N
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L A W
conditions as well. The taxing

ordinance should not be singular
and exclusive any subsequent
established sugar central, of the
same class as plaintiff, for the
coverage of the tax.
II SEARCHES AND SEIZURES (Art. II, Sec.
2)
A. Scope of Protection
1.It is available to all persons, including aliens.
2.Artificial persons, like corporations, are also
entitled although they may be required to open
their books of accounts for examination by the
State in the exercises of the police power or the
power of taxation
3.The right against unreasonable searches and
seizures is personal and may be invoked only by
the person entitled to it.
4.It extends not only to the privacy of ones home
but also to his office or business establishment,
including the papers and effects that may be
found therein.
B. Requisites of a Valid Warrant
1.It must be based upon probable cause
2.The probable cause must be determined
personally by the judge
3.The determination must be made after
examination under oath or affirmation of the
complainant and the witnesses he may produce.
4.It must particularly describe the place to be
searched and the persons or things to be seized.
C. Probable Cause
1. Existence of Probable Cause - such facts and
circumstances antecedent to the issuance of the
warrant that in themselves is sufficient to induce a
cautious man to rely on them and act in pursuance
thereof.
Corollary to the requirement of probable
cause is the rule that the warrant must refer
to only one specific offense.
Warrants issued upon applications alleging
a violation of Central bank circulars, the
Tariff and Customs Law, the Internal
Revenue Code and the Revised Penal Code
are not valid. No specific offense had been
alleged in said applications. The averments
thereof with respect to the offense
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committed were abstract.

As a
consequence, it was impossible for
the judges who issued the warrants
to have found the existence of
probable cause. (Stonehill v. Diokno,
20 SCRA 383)
2. Determination of Probable Cause it is to be made personally by the judge.
In satisfying himself of
the existence of probable
cause for the issuance of
a warrant of arrest, the
judge is not required to
personally examine the
complainant and his
witnesses.
Following
established
doctrine and procedure,
he shall:
a.personally evaluate the report and
the
supporting
documents
submitted by the fiscal regarding
the existence of probable cause
and on the basis thereof, issue a
warrant of arrest
b.if on the basis thereof he finds no
probable
cause,
he
may
disregard the fiscals report and
require the submission of
supporting
affidavits
of
witnesses to aid him in arriving
at a conclusion as to the
existence of probable cause.
(Placer v. Villanueva, 126 SCRA
463)
3. Objectives of the Prosecutor and
the Judge in Determining Probable
Cause
The prosecutor determines
whether there is reasonable
ground to believe that the
accused is guilty and should
be held for trial. On the
other hand, the judge
determines if a warrant of
arrest should be issued to
place
the
accused
in
immediate custody so as not
to frustrate the ends of
justice.
L A W
The evidence offered by the

complainant and his witnesses
should be based on their personal
knowledge and not on mere
information or belief. Hearsay is not
allowed.
The affidavits should be drawn in
such a manner that the affiant could
be charged with perjury if the
allegations contained therein are
found to be untrue.
5. Particularity of Description
a. Description of the person - The person
sought to be seized should be identified by
name. A warrant issued against John Doe
or Richard Doe is insufficient and illegal.
But a John Doe warrant will
satisfy
the
constitutional
requirement if there is some
description personae that will
enable the officer to identify the
accused.
b.
Description of premises - It is sufficient

if the officer with the warrant can, with
reasonable effort, ascertain and identify the
place intended.
c. Description of the articles to be seized

- When the nature of the articles to be seizes
there description must be rather general, it
is not required that a technical description
be given.
6. Properties Subject to Seizure
a. Property subject of the offense
b. Property stolen or embezzled and other
proceeds or fruits of the offense
c. Property used or intended to be used as the
means of committing an offense
7. Warrantless Arrest
The Rules of Court provide that a peace officer or
even a private person may, without a warrant,
arrest a person:
4. Examination of Applicant
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a. When such person has in fact just

committed, is actually committing,
or is attempting to commit an
offense in his presence
b. When an offense has in fact been
committed and he has personal
knowledge of facts indicating that
the person to be arrested has
committed it
c. When the person to be arrested is a
prisoner who has escaped from a
penal establishment or place where
he is serving final judgment or
temporarily confined while his case
is pending, or has escaped while
being
transferred
from
one
confinement to another
8. Allowable warrantless searches
I N
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include
the
premises
or
surroundings under his immediate
control
d. Search of vessel and Aircraft
Rationale for the exception:
i.because they are usually equipped with
powerful motors that enable them to
elude pursuit
ii. because the seizure would be an
incident to a lawful arrest( Roldan
vs. Arca 65 SCRA 336)
e. Search of MOVING VEHICLE
As a rule, automobiles may
searched only at borders
constructive borders, such
checkpoints.(Papa vs. Mago.
SCRA 857)
b. STOP-and FRISK-defined as the

vernacular designation of the right of
police officer to stop a citizen on the
street, interrogate him and pat him
for weapons whenever he observes
unusual conduct which leads him to
conclude that criminal activity may
be afoot. (Terry vs. Ohio )
be
or
as
22
Inspection must be limited to a

visual search, and NEITHER the
vehicle itself nor the occupants
are subjected to search.
a. When right is voluntarily waived

Requisites:
i. right exists
ii.the person involved had
knowledge , either actual or
constructive, of the existence
of such right
iii. that said person had an actual
intention to relinquish such
right
the silence of the accused was
not construed as consent;
rather,
it
was
a
demonstration of regard for

the supremacy of law (People
vs. Barros, 231 SCRA 557)
L A W
EXTENSIVE search is allowed

only if the officers conducting
search has probable cause to
believe that search that:
Motorists was a law offender OR
That they would find evidence
pertaining to the commission of the
crime in the vehicle searched (Aniag
vs. COMELEC, 237 SCRA 424)
f. Inspection of Building and other
premises for the enforcement of fire,
sanitary and building regulations.
(Camara vs. Municipal Court, 387 US 523)
g. The PLAIN VIEW DOCTRINE is usually
applied where the officer is not searching
for evidence against the accused, but
nonetheless inadvertently comes upon an
incriminating object
Requisites:
i. a prior valid intrusion based on the
valid warrantless arrest in which the
police are legally present in the
pursuit of their official duties
ii. the evidence was inadvertently
discovered by the police who had the
right to be where they are
c. Where search is INCIDENTAL

to lawful arrest
Requisites:
i. arrest is effected on the basis of
probable cause
ii. Permissible are of searchmay extend beyond the
person of the one arrested to
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the evidence must be

immediately apparent
iv. Plain view justified mere
seizure of evidence without
further search
L A W
iii.
If the property is subject of

litigation, like a prosecution for
illegal possession of firearms, it will
remain in custodia legis until the
case is terminated
h. Search and Seizure under

EXIGENT and EMERGENCY
circumstances. (People vs. de
Garcia, 233 SCRA 716)
i.
It may nonetheless be used in the

judicial or administrative action that
may be filed against the officer
responsible for its illegal seizure.
In the conduct of AREAL

TRAGET
ZONING
or
SATURATION DRIVES( Guanzon
vs. de Villa 181 SCRA 623)
III. PRIVACY OF COMMUNICATION

(Art. III, Sec. 3)
A. Republic Act No. 4200, also known as
the Anti-Wire Tapping Law is the
implementing statute covering this subject.
Said statute prohibits any person,
not being authorized by all the
parties
to
any
private
communication or spoken word, to
tap any wire or cable, or by using any
other device or arrangement, to
secretly overhear, intercept, or
record the same, or to communicate
the content thereof to any other
person.
A telephone extension was not
among the devices covered by this
law and that the use of that
instrument to listen in on a private
conversation was not prohibited as a
tap. (Gaanan v. Intermediate
Appellate Court, 145 SCRA 112)
B. Admissibility of the Illegally Seized
Evidence
Articles illegally seized are not
admissible as evidence. Such evidence is
the fruit of the poisonous tree.
Although the properties may
have been seized in violation
of the said provision, it does
not follow that its owner
shall be entitled to recover it
immediately.
IV. FREEDOM OF SPEECH

(Art. III, Sec. 4)
A. Scope
It includes every form of expression whether
oral, written, tape or disc recorded. It also
includes novels as well as what is referred to as
symbolic speech. Peaceful picketing has also
been included within the meaning of the speech.
B. Elements
1.Freedom from previous restraint or censorship
2.Freedom from subsequent punishment
The prohibition on posting of decals
and stickers on mobile places
whether public or private except in
authorized areas designated by the
Comelec becomes censorship which
cannot
be
justified
by
the
Constitution.
(Adiong
v.
Commission on Elections, 207 SCRA
713)
C. Freedom from Punishment
To determine the liability of the individual for ideas
expressed by him, three major criteria have been
applied, to wit:
1. The clear and present danger rule
2. The dangerous tendency doctrine
3. The balancing test
The Clear and Present Danger Rule
The question in every case is
whether the words used are used
in such circumstances and are of
such a nature as to create a clear
and present danger that they will
bring about the substantive evils
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that Congress has a right

to prevent.
It is a question of
proximity and degree.
Fear of serious injury
cannot
alone
justify
suppression
of
free
speech and assembly. To
justify suppression of free
speech, there must be
reasonable ground to fear
that serious evil will
result if free speech is
practiced. There must be
reasonable ground to
believe that the danger
apprehended
is
imminent. There must be
reasonable ground to
believe that the evil
prevented is a serious
one.
(Whitney
v.
California, 274 U.S. 357)
Dangerous Tendency Rule
Speech may be curtailed
or punished when it
creates
a
dangerous
tendency which the State
has the right to prevent.
All it requires, for speech
to be punishable, is that
there be a rational
connection between the
speech and the evil
apprehended.
The remark complained
of,
made
a
lowly
municipal secretary in
the
course
of
a
conversation at a casual
meeting with another
person,
was:
the
Filipinos must use bolos
for cutting off Woods
head
for
having
recommended a bad
thing for the Filipinos, for
he
has
killed
our
independence. He was
L A W
sentenced to jail. (People v.

Perez, 45 SCRA 599)
The Balance of Interest Test
When particular conduct is
regulated in the interest of public
order, and the regulation results
in an indirect, conditional,
partial abridgement of speech,
the duty of the courts is to
determine which of the two
conflicting interests demands the
greater protection under the
particular
circumstances
presented.
D. Assembly and Petition

The power of local officials with respect to the right
of the person to assembly and petition is only one
of regulation and not prohibition. This means they
cannot altogether bar the use of public places for
lawful assemblies; the most they can do is indicate
the time and conditions for their use.
1. Rules on Assembly and Petition
a. When permit is not required
Under the Public Assembly Act, a
permit for the holding of a public
assembly shall not be necessary
where the meeting is to be held
in a private place. Only the
consent of the owner is
necessary.
b. When permit is required:
i.There must be a written application file
with the mayors office at least 5
days before the scheduled meeting.
ii.The application must be acted upon
within 2 days. Otherwise the permit
shall be deemed granted.
Denial may be justified only
upon clear and convincing
evidence
that
the
public
assembly will create a clear and
present danger to public order.
iii.Action on the application shall be
communicated within 24 hours to
the applicant.
iv.The applicant may appeal the same to
the appropriate court.
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Decision must be reached

within 24 hours
v.The law enforcement agencies
must not interfere with a
lawful assembly
They may detail a
contingent
under
a
responsible commander
at least 100m away from
the assembly in case it
becomes necessary to
maintain order.
E. Commercial Speech
Even truthful and lawful commercial speech
may be regulated if:
1. The government has a substantial interest
to protect
2. The regulation directly advances that
interest
3. It is not more extensive than is necessary
to protect that interest.
F. Unprotected Speech
Libel and obscenity are classes of speech the
prevention and punishment of which has
never been thought to raise any
constitutional problems.
1.Obscenity and Indecency
Test of Obscenity
a. Whether the average person,
applying contemporary standards
would find that the work, taken as a
whole, appeals to the prurient
interest
b. Whether the work depicts or
describes, in a patently offensive
way, sexual conduct specifically
defined by the applicable state law
c. Whether the work, taken as a whole
lacks serious literary artistic,
political, or specific value
Procedure for Seizure of Alleged
Obscene Publications
I N
P O L I T I C A L
L A W
2. The authorities must convince the court that

the materials sought to be seized are
obscene, and pose a clear and present
danger of an evil substantive enough to
warrant State interference
3. The authorities must determine whether or
not the same are indeed obscene. The
question is to be resolved on a case to case
basis and on His Honors sound discretion
4. If, in the opinion if the court, probable cause
exists, it may issue the search warrant
prayed for;
5. The proper suit is then brought in the court
under Article 201 of the Revised Penal Code
6. Any conviction is subject to appeal. The
appellate court may assess whether or not
the properties seized are indeed obscene
V.FREEDOM OF RELIGION (Art. III, Sec. 5)
A. Principal Parts
1.non-establishment clause
2 The free exercise clause
B. Non-Establishment Clause
Neither a State nor the government
can set up a church. Neither can
pass laws which aid one religion, aid
all religions, or prefer one religion
over another. Neither can openly or
secretly participate in the affairs of
any religious organizations or groups
and vice versa. It is intended to
erect a wall of separation between
Church and State.
The non-establishment clause does
not prohibit all government aid that
might redound to the benefit of
religion, provided the ff. are present:
1. It must have a secular legislative purpose
2. It must have a primary effect that neither
advances nor inhibits religion
3. It must not require excessive entanglement
with recipient institutions
C. Free Exercise
Twofold Aspect
1. Freedom to believe
2. Freedom to act on ones belief
1. The authorities must apply for the

issuance of a search warrant from a
judge, if in their opinion, an
obscenity par is on order
The first is absolute as long as the

belief is confined within the realm of
thought. The second is subject to
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regulation where the belief is

translated into external acts
that affect the public welfare.
I N
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2.The corollary right of access to official records

and documents.
These are political rights available to
citizens only.
VI. LIBERTY OF ABODE AND

TRAVEL (Art. III, Sec. 6)
A. Liberties Guaranteed by the
Provision
1. freedom to choose and change ones place
of abode
2. Freedom to travel both within the country
and outside
The liberty of abode may be
impaired only upon lawful
order of the court and within
the limits prescribed by law.
The right to travel however
may be curtailed even by
administrative
authorities
such as passport officers, in
the interest of national
security, public safety, or
public health and as may be
provided by law.
The right to travel and the
liberty of abode are distinct
from the right to return
to ones country, as shown by
the fact that the Declaration
of Human Rights and the
Covenant on Human Rights
have separate guarantees for
these. Hence, the right to
return to ones country is not
covered by the specific right
to travel and the liberty of
abode.
Consequently, the
requirements prescribed in
section 6 relative to the right
to travel and the liberty of
abode does not apply.
(Marcos v. Manglapus, 177
SCRA 669)
B. Limitations to the Exercise of the Right to

Information and State Policy of Public
Disclosure
1. National security matters
2. The State secrets regarding military, diplomatic
and other national security, and information on
inter-government exchanges prior to the conclusion
of treaties and executive agreements.
Where there is no need to protect
State secrets, the privilege to
withhold documents and other
information may not be invoked,
provided they are examined in strict
confidence and given scrupulous
protection.
3.Trade secrets and banking transactions
4.Criminal matters
5.Those relating to the apprehension, the
prosecution and the detention of criminals, which
courts may not inquire into prior to such arrest,
detention and prosecution, otherwise, efforts at
effective law enforcement would be seriously
jeopardized.
6.Other confidential matters
The government agency charged
with the custody of the public
records has the authority to
regulate access to the end that
damage to, or loss of, public
records may be avoided, undue
interference with the duties of
said agencies may be prevented,
and more importantly, that the
exercise
of
the
same
constitutional right by the other
person are assured. (Legaspi v.
Civil Service Commission, 150
SCRA 530)
The authority to regulate the
manner of examining public
records does not carry with it the
power to prohibit.
VII. RIGHT TO INFORMATION (Art.

III, Sec. 7)
A. Rights Guaranteed
1.The right to information on matters of
public concern
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VII. RIGHT TO SELFORGANIZATION (Art. III, Sec. 8)

A. SCOPE
The right of the people, including those
employed in the public and private sectors,
to form unions, associations, or societies for
purposes not contrary to law shall not be
abridged.
Government employees
have the right to form
unions but not the right
to strike. The right to
strike is not included in
the right to from unions.
(SSS
Employees
Association v. Court of
Appeals, 175 SCRA 686)
he closed shop agreement
is a valid form of union
security and a provision
is not considered a
restriction of the right of
association. (Villar vs.
Inciong)
I N
P O L I T I C A L
1. police power prevails over contracts.

Reason: Public welfare is
superior to private rights
2. Eminent domain may impair obligations of
contracts.
3. Taxation cannot impair obligation of contracts.
IX. FREE ACCESS TO COURTS (Art. III Sec.
11)
This is a social justice provision,
implemented by the Rules of
Court provision allowing pauper
suits. Note the additional
guarantee of adequate legal
assistance.
X. RIGHTS OF AN ACCUSED (Art. III, Sec.
12)
A. Under Custodial Investigation
1. Definition
Custodial Investigation any questioning initiated
by law enforcement officers after a person has been
taken into custody or otherwise deprived of his
freedom of action in any significant way. (Miranda
v. Arizona, 384 U.S. 436)
VII. RIGHT TO FORM ASSOCIATION

(ART. III, SEC.9)
It includes the practice of issuing an

invitation to a person who is
investigated in connection with an
offense he is suspected to have
committed, without prejudice to the
liability of the inviting officer for
any violation of law. (Republic Act
No. 7438)
The right to strike is not

essential to the right of
association
While provision of
Art.IX-B, Sec2(5)
expressly guarantees the
right to form unions in
public and private
sectors, members of civil
service may not declare a
strike to enforce
economic demand.
(Alliance of Government
Workers vs. Mininistry
of Labor, 124 SCRA 1)
2. When Available
The rights under Sec. 12, Art. III are
available when the investigation is
no longer a general inquiry unto an
unsolved crime but has begun to
focus on a particular suspect, the
suspect has been taken into police
custody, the police carry out a
process of interrogation that lends
itself to eliciting incriminating
statements (People v. Mara, 55
SCAD 418).
VIII. NON- IMPAIREMENT OF

CONTRACTS (Art. III, Sec 10)
A. Impairment- means anything that
diminishes the efficacy of a contract.
B. Limitations
L A W
3. Rights of Person Suspected and

Subsequently Charged
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Before case is filed in court/prosecutor

for preliminary investigation but after being
put into custody to or otherwise deprived of
liberty, and on being interrogated by police
The rights guaranteed by this

provision refer to testimonial
compulsion only. (People v. Payron,
261 SCRA 615)
a. to remain silent
b. to be informed thereof
c. not to be subjected to force,
violence,
threat,
or
intimidation which vitiates
free will
d. to have evidence obtained
in violation of these rights
inadmissible as evidence.
Police-line up is not considered a

part of any custodial inquest,
because it is conducted before that
stage of investigation is reached
(People v. Bravo, G.R. No. 135562).
After the case is filed in court

a. to refuse to be witness
against himself
b. not to have prejudice
imputed on him as a result of
such refusal
c. to testify on his behalf
d. to cross-examination
e. while testifying, to refuse
questions which tend to
incriminate him for some
crime other than present
charge.
A person under normal audit

investigation
is
not
under
custodial investigation, because an
audit examiner can hardly be
deemed to be the law enforcement
officer contemplated in the rule
(Navallo v. Sandiganbayan, 234
SCRA 175).
7. Waiver
a. Element for valid waiver
i.Rights cannot be waived except in
writing and signed by the person
in the presence of his counsel
ii.No retroactive effect
iii.The burden of proving that there
was valid waiver rest on the
prosecution
iv.The right to remain silent and to
counsel, but not the right to the
Miranda warning.
4. Rights That May Be Waived

the right to remain silent;
the right to counsel
8. Exclusionary Rule
Waiver must be in
writing and in the
presence of counsel.
5. Rights That Cannot Be Waived
The right to be informed
of his right to remain
silent and to counsel
The right to counsel when
making the waiver of the
right to remain silent or
to counsel.
Confession or admission obtained in violation

of Sec. 12 and Sec 17, Art. III shall be
inadmissible in evidence.
B. Right to Bail (Art. III, Sec. 13)
1. Definition
Bail - security given for the release of a person in
custody of law, furnished by him or a bondsman, to
guarantee his appearance before any court as
required under conditions specified under the rules
of court. (Sec. 1, Rule 114, Revised Rules of
Criminal Procedure).
6. Guidelines
The right to bail may be invoked

once detention commences even if
no formal charges have yet to be
filed (Teehankee v. Rovira, 75 Phil.
634).
These rights exist only in custodial

investigation or in-custody interrogation
of accused person. (People v. Judge
Ayson, 175 SCRA 216).
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or prejudice to a third person

with a right recognized by law.
(People v. Judge Donato, 198
SCRA 130)
Suspension of the writ of

habeas corpus does not
suspend right to bail
Even when the accused has
previously jumped bail, still
he cannot be denied bail
before conviction if it is a
matter of right. The remedy
is to increase the amount of
bail. (Sy Guan v. Amparo,
G.R. No. L-1771. December
4, 1947)
2. Exceptions to Right of Bail
a. When charged with an offense
punishable by reclusion perpetua
(or higher) and evidence is strong.
b. Traditionally, the right to bail is not
available to the military.
3. Standards for Fixing Amount of
Bail
a.
b.
c.
d.
e.
f.
g.
h.
i.
Financial ability of accused

Nature and circumstances of offense
Penalty for offense
Character and reputation of accused
Age and health of accused
Weight of evidence against him
Probability of his appearance at trial
Forfeiture of other bail
Whether he was a fugitive from
justice when arrested
j. Pendency of other cases where he is
on bail
k. Excessive bail shall not be required.
(Sec. 9, Rule 114, Revised Rules of
Criminal Procedure)
4. Waiver of the Right to Bail
The right to bail is
another
of
the
constitutional right which
can be waived. It is a
right which is personal to
the accused and whose
waiver would not be
contrary to law public
order,
public
policy,
morals, or good customs,
L A W
The failure of the accused to call

the attention of the trial court to
the unresolved petition for bail is
deemed a waiver or the right to
bail. (People v. Manes, G.R. No.
122737, February 17, 1999)
5. Bail, When A Matter of Right
a. b.4.1Before or after conviction by the MTC
b. Before conviction of the RTC of an offense
not punishable by death, reclusion perpetua
or life imprisonment.
6. Bail, When Discretionary
a. Upon conviction by the RTC of an offense
not punishable by death, reclusion
perpetua, or life imprisonment, the court,
on application, may admit the accused to
bail.
b. The court, in its discretion, may allow the
accused to continue on provisional liberty
after the same bail bond during the period
to appeal subject to the consent of the
bondsman.
If the court imposed a penalty of imprisonment
exceeding 6 years but not more than 20 years, the
accused shall be denied bail, or his bail previously
granted shall be cancelled, upon showing by the
prosecution, with notice to the accused, of the
following or other similar circumstances:
a. That the accused is a recidivist, quasirecidivist, or habitual delinquent, or has
committed the crime aggravated by the
circumstance of reiteracion;
b. That the accused is found to have previously
escaped from legal confinement, evaded
sentence, or has violated the conditions of
his bail without valid justification;
c. That the accused committed the offense
while on probation, parole, or under
conditional pardon;
d. That the circumstances of the accused or his
case indicate the probability of flight if
released on bail; or
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e. That there is undue risk that during

the pendency of the appeal, the
accused may commit another crime.
C. RIGHTS OF THE
UNDER Art. III, Sec. 14)
ACCUSED
1. Criminal Due Process

a. Accused to be heard in court of
competent jurisdiction;
b. Accused proceeded against under
orderly processes of law;
c. Accused
given
notice
and
opportunity to be heard;
d. Judgment rendered was within the
authority of constitutional law.
2. Presumption of Innocence
a. Every circumstance favoring the
innocence of the accused must be
taken into account;
b. The proof against him must
survive the test of reason; the
strongest suspicion must not be
permitted to sway judgment.
(People v. Austria, 195 SCRA
700).
c. Requisites in order that the
circumstantial evidence may
warrant conviction:
i. There is more than one
circumstance;
ii. The facts from which the
inferences are derived are
proven; and
iii. The combination of all the
circumstances is such as
to produce a conviction
beyond reasonable doubt.
Equipoise or Equiponderance
of Evidence evidence of both
sides are equally balanced.
I N
P O L I T I C A L
4. Right to be informed of nature and cause

of accusation against him
Void for Vagueness Rule - accused is
denied the right to be informed of the charge
against him, and to due process as well, where
the statute itself is couched in such indefinite
language that it is not possible for men of
ordinary intelligence to determine therefrom
what acts or omissions are punished and, hence
shall be avoided (Nachura, Reviewer in
Political Law, p. 95).
The description not the designation
of the offense controls (Soriano v.
Sandiganbayan, 131 SCRA 184).
While the trial court can hold a joint
trial of two or more criminal cases
and can render a consolidated
decision, it cannot convict the
accused of the complex crime
constitutive of the various crimes in
the two Informations (People v. De
Vera, G.R. Nos. 121462-63, June 9,
1999).
5. Right to speedy, impartial and public trial
Definitions
Speedy- free from vexatious, capricious and
oppressive delays;
Impartial -entitled to cold neutrality of an
impartial judge.
Public- to prevent possible abuses which may be
committed against the accused.
6. Right to meet witness face to face
Witnesses not submitted for
cross-examination
not
admissible as evidence;
Effect
in
criminal
prosecution:
acquittal of
accused
because
it
is
insufficient
to
overcome
presumption of innocence.
3. Right to be heard by himself and
counsel
L A W
Right to cross-examination may

be waived.
7. Right to compulsory process to secure
attendance of witnesses and production of
evidence
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8. Trial in absentia;
Requisites
I N
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prisoner at designated time and place, with the day

and cause of his capture and detention, to do, to
submit to, and to receive whatever court or judge
awarding writ shall consider in his behalf.
a. after arraignment;
b. due notice
c. Absence is unjustified.
2. When Available---
Waiver of appearance
and trial in absentia does
not mean that the
prosecution is thereby
deprived of the right to
require the presence of
the accused for purposes
of identification by its
witnesses which is vital
for the conviction of the
accused
(Carredo
v.
People, 183 SCRA 273).
When Presence of the Accused is
Mandatory
a. During arraignment and plea;
b. During the trial, for identification;
and
c. During promulgation of sentence,
unless for a light offense wherein the
accused may appear by counsel or a
representative.
Waiver-An accused who
escapes
from
confinement, or jumps
bail, or flee to a foreign
country,
loses
his
standing in court, and
unless he surrenders or
submits himself to the
jurisdiction of the court,
he is deemed to have
waived his right to seek
relief from the court,
including the right to
appeal his conviction
(People v. Mapalao, 197
SCRA 79).
The liberty of an individual may be restored by

habeas corpus where he is subjected to physical
restraint such as arbitrary detention. Even moral
restraint is a ground for the issuance of this writ, as
where a housemaid is prevented from leaving her
employ because of the influence of the person
detaining her.
Take note of the grounds for suspension as
provided by Art. VIII, Sec. 18 of the 1987 Philippine
Constitution.
E. SPEEDY DISPOSITION OF CASES (Art.
III, Sec. 16)
1. General considerations
The provision guarantees the
right generally to a speedy
disposition of their cases
Covers therefore the periods
before, during, and after trial
Applies to civil, criminal, and
administrative cases
Thus, any party to case may
demand expeditious action on all
officials who are tasked with the
administration of justice
2. Factors in determining Violation of rights
a. length of delay
b. reason of delay
c. assertion of the right or failure to
assert
d. prejudice caused by the delay
Remedy for violation of the right
to a speedy trial- dismissal is
obtained through mandamus
D. HABEAS CORPUS (Art. III, Sec. 15)

1. Definition
Writ of Habeas Corpus - writ issued by court
directed to person detaining another,
commanding him to produce the body of the
F. RIGHT AGAINST SELF-INCRIMINATION

(Art. III, Sec. 17)
1. Justification for the Guarantee
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What is prohibited under the

constitutional guarantee is the
use of physical or moral
compulsion
to
extort
communication
from
the
witness, NOT an inclusion of his
body in evidence, when it may be
material.
a. public policy
b. humanity
c. To
prohibit
compulsory
oral
examination of prisoners before the
trial, or upon trial, for the purpose of
extorting unwilling confessions or
declarations implicating them in the
commission of a crime
5. acts NOT FAILING within the prohibition

2. Distinction
Witness who is Not an Accused vs.
Accused Person
Mere Witness
Who is Not an
Accused
Must await the
incriminating
question in order
to avail himself of
his right
a. substance emitting from the body of the

defendant was received as evidence in a
prosecution for acts of lasciviousness
b. subjection to ultra-violet examination
Accused person
May refuse to be a
witness altogether
c. morphine forced out of the mouth of the

accused was received as evidence
d. order by the judge to put on a pair of pants
for size
e. taking of an accused persons picture
Recent jurisprudence extends this right of

the
accused
to
respondents
in
administrative investigations
3. What the Guarantee Does Not
Prohibit
a. every
form
of
preliminary
investigation
b. a party litigant from using his
adversary as a witness when the case
is not a criminal case where the
intended witness is the accused
himself
c. Time to raise the privilege (for
persons other than the accused) is
when an incriminating question is
asked
4. Violation of Right
it is not necessary that a
categorical admission of a
specific offense be sought
Right includes a right
to testify a fact which
would necessarily link in
a chain of evidence the
commission of a crime by
a witness.
f.
admission of the accuseds wallet, its

contents and a bunch of keys
g. order of the court to compel a woman

accused of adultery to submit the indignity
of being tested for pregnancy
6.
Rule on Permissibility of Requiring
Sample of Witness Handwriting
it was held that, since a witness in a
preliminary
investigation
are
protected by the prohibition, they
may not be compelled to take a
dictation in order to compare their
handwriting with that found in a
supposedly falsified document
7. When the Right is Deemed Waived
a. when a person voluntarily answers an
incriminating question
b. after the accused has pleaded guilty, for the
purpose of ascertaining the proper penalty
to be imposed or for any other legal
purposes, the court may ask such questions
as are necessary to that end
Invariable answer of I do not
remember is equivalent to refusal
and does not constitute waiver
Mere denial which discloses nothing
does not constitute waiver
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punishment measured in terms of physical pain

Refusal of an accused to be a
witness or of a witness to
answer should in no manner
be used against him
However, the rule does not
prohibit
an
unfavorable
inference from failure of one
party to produce evidence
that is in
his control
8. Documents and Records
The
self-incrimination
clause
covers
documentary
evidence
(Boyd v. U.S., 116 U.S.
616)
As a general rule, the
privilege against selfincrimination
is
a
personal one, applying
only
to
natural
individuals
and
therefore protects the
private papers of natural
individuals
To be cruel and unusual or excessive under

the Constitution, the penalty must be flagrantly
disproportionate to the offense no matter under
what circumstances the offense may be
committed
Heinous crimes - grievous, odious, an hateful
offenses and which, by reason of their inherent
or manifest wickedness, viciousness, atrocity
and perversity are repugnant and outrageous to
the common standards and norms of decency
and morality in a just, civilized and ordered
society
XI. FREEDOM OF POLITICAL BELIEF AND

INVOLUNTARY SERVITUDE (Art. III, Sec.
18)
Involuntary Servitude-- denotes a condition
of enforced, compulsory service of one to
another
It has been applied to any servitude
in fact involuntary, no matter under
what form such servitude have been
disguised
Exception-Privilege
cannot be maintained in
relation
to
records
required by law to be kept
in order that there may
be suitable information of
transactions which are
the appropriate subjects
of
governmental
regulation
and
the
enforcement
or
restrictions
validly
established
IX. PROHIBITION AGAINST CRUEL;
DEGRADING
OR
INHUMAN
PUNISHMENT; EXCESSIVE FINES;
EMPLOYMENT
OF
DEGRADING
PUNISHMENTS
AGAINST
A
PRISONERS (Art. III, Sec. 19)
Constitutional limit must be reckoned on
the basis of the nature and mode of
While the constitutional prohibition

operated to nullify agreements
violative of it, suppletory legislation
was required to give the prohibition
penal effect
A person who refuses too follow a
return to work order, while he can be
dismissed from his job, cannot be
imprisoned for so doing
XII.
PROHIBITION
AGAINST
IMPRISONMENT FOR DEBT (Art. III, Sec.
20)
No person may be imprisoned for debt in virtue
of an order in a civil proceeding, either as a
substitute for satisfaction of a debt or as a means
of compelling satisfaction, BUT a person may be
imprisoned as a penalty for a crime arising
P O L I T I C A L
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from contractual debt and imposed in a

proper criminal proceeding
Thus, the conversion of a criminal fine
into a prison term does not violate the
provision because in such a case
imprisonment is imposed for monetary
obligation arising not in ex contractu but
ex delicto
Poll Tax or Cedula Tax - a capitation tax
imposed on all persons of a certain age; tax
one pays for his or her residence certificate
which generally serves as a personal
identification
XII.
PROHIBITION
AGAINST
DOUBLE JEOPARDY (Art. III, Sec.
21)
I N
P O L I T I C A L
B. Kinds
1. Makes criminal an act done before the
passage of the law
2. Aggravates a crime, or makes it greater than
it was when committed
3. Changes punishment and inflicts a greater
punishment
4. Alters the legal rules of evidence in order to
convict the offender
5. Assuming to regulate civil rights and
remedies only, but in effect imposes a
penalty or deprives a right which when done
was lawful
6. Deprives persons accused of a crime of some
lawful protection
C. Characteristics of Ex Post Facto Laws
A. Requisites of Double Jeopardy

1. a first jeopardy must have attached
2. the first
jeopardy must be
terminated
3. the second jeopardy must be for the
same offense as that in the first case
L A W
1. Refer to criminal matters

2. Retroactive in its application
3. Prejudicial to the accused
D. Bill of Attainder legislative act which
inflicts punishment without a judicial trial
Article IV - CITIZENSHIP
B. When Jeopardy Attaches

A. Definitions
1.
2.
3.
4.
upon a good indictment

before a competent court
after arraignment
after plea
There must be a valid complaint or

information sufficient in form or
substance to sustain conviction
In a preliminary investigation,
the accused is not placed in jeopardy
because it has no purpose except
that of determining whether a crime
has been committed and whether
there is probable cause to believe the
accused guilty thereof
Citizenship - term denoting membership of a

citizen in a political society which membership
implies, reciprocally, a duty of allegiance on the
part of the member and duty of protection on the
part of the State.
Citizen - is a member of a democratic community
who enjoys full civil and political rights. In a
monarchial state, he is often called subject.
Alien - is a citizen of a country who is residing in
or passing through another country. He is popularly
called foreigner.
Citizenship vs. Nationality
XIII. PROHIBITION AGAINST EX

POST FACTO LAWS (Art. III, Sec. 22)
A. definition-- One that makes a previous
act criminal although it was not so at the
time it was committed.
Citizenship
Nationality
Membership in a
Membership in any
political
community which class or form of
is personal and political
P O L I T I C A L
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more
or
permanent
character
A I D
less community
in
B. Kinds of Citizens under the 1987

Constitution:
1..Natural born citizens
a. who at the moment of their birth are
already citizens of the Philippines and
b. do not have to perform any act to
acquire his Philippine citizenship
2. Citizens at the time of the adoption
of the new Constitution - those who are
considered citizens of the Philippines under
the 1973 Constitution at the time of the
adoption of the new Constitution
a.Citizens through election - those
born of Filipino mothers before January
17, 1973 who upon reaching the age of
majority elect Philippine citizenship
after
ratification
of
the
1973
Constitution pursuant to the provisions
of the 1935 Constitution. They are
placed on the level as those born of
Filipino mothers on or after January 17,
1973
b.Naturalized citizens - those who
were originally citizens of another
country, but who, by an intervening act,
have acquired new citizenship in a
different country.
3. Citizenship of Persons Born
Outside the Philippines before the
1935 Constitution
C. Modes of Acquiring Citizenship
1.involuntary method - by birth
a. jus sanguinis acquisition of
citizenship on the basis of blood
relationship
b. jus soli acquisition of citizenship
on the basis of place of birth
2. voluntary method
a. by naturalization the legal act of
adopting an alien and clothing him
with the privilege of a native born
citizen.
b. by marriage
I N
P O L I T I C A L
L A W
D. Modes of Naturalization
1. direct
Citizenship is acquired:
a. individual, usually through judicial
proceedings
b. special act of legislature
c. collective change of nationality, as a
result of cession or subjugation or
d. in some cases, by adoption of orphan
minors as nationals of the State where
they are born
2. derivative
Citizenship conferred on:
a. wife of naturalized husband
b. minor children of naturalized
person; or
c. alien woman upon marriage to a
national
E. Under Republic Act No. 9139, otherwise
known as Administrative Naturalization
Law of 2000
Qualifications
1. The applicant must be born in the
Philippines and residing therein since birth;
2. The applicant must not be less than
eighteen (18) years of age, at the time of
filing of his/her petition;
3. The applicant must be of good moral
character and believes in the underlying
principles of the Constitution, and must
have conducted himself/herself in a proper
and irreproachable manner during his/her
entire period of residence in the Philippines
in his relation with the duly constituted
government as well as with the community
in which he/she is living;
4. The applicant must have received his/her
primary and secondary education in any
public or private educational institution
duly recognized by the Department of
Education, Culture and Sports, where
Philippine history, government and civics
are taught and prescribed as part of the
school curriculum and where enrollment is
not limited to any race or nationality:
Provided, that should he/she have minor
children of school age, he/she must have
enrolled them in similar schools;
5. The applicant must have a known trade,
business,
profession
or
lawful
occupation, from which he/she derives
P O L I T I C A L
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income sufficient for his/her support

and if he/she is married and/or has
dependents, also that of his/her
family: Provided, however, That this
shall not apply to applicants who are
college degree holders but are
unable to practice their profession
because they are disqualified to do
so by reason of their citizenship;
6. The applicant must be able to read,
write and speak Filipino or any
of the dialects of the Philippines;
and
7. The applicant must have mingled
with the Filipinos and evinced desire
to learn and embrace the
customs, traditions and ideals of
the Filipino people.
Disqualifications
1. Those opposed to organized
government or affiliated with any
association or group of persons who
uphold and teach doctrines opposing
all organized governments;
2. Those defending or teaching the
necessity of or propriety of violence
and
personal
assault
or
assassination for the success or
predominance of their ideas;
3. Polygamist or believers in the
practice of polygamy;
4. Those convicted of crimes involving
moral turpitude;
5. Those suffering
from mental
alienation
or
incurable
contagious diseases;
6. Those who, during the period of
their residence in the Philippines,
have not mingled socially with
the Filipinos, or who have not
evinced a sincere desire to learn and
embrace the customs, traditions and
ideals of the Filipinos;
7. Citizens or subjects of a foreign
country whose laws do not grant
Filipinos the right to be
naturalized citizens or subject
thereof.
F. Ways of Losing Citizenship
I N
P O L I T I C A L
L A W
a. by naturalization in a foreign
country
b. by
express
renunciation
of
citizenship
c. by subscribing to an oath of
allegiance
d. by rendering service to or accepting
commission in the armed forces of a
foreign country
2. involuntarily e. by cancellation of the certificate of
naturalization
f. by having been declared by
competent authority a deserter of
the Philippine armed forces in time
of war, unless subsequently, a
plenary pardon or amnesty has been
granted
G. Modes of Reacquiring Philippine
citizenship under Commonwealth Act No.
63
1. 1. by naturalization
2. by repatriation, and
3. by direct act of Congress.
If the reacquisition is through
naturalization, then the party
becomes a naturalized Filipino
citizen. (Bengson III v. HRET, G.R.
No. 142840, May 7, 2001)
If the reacquisition is made through
repatriation, not naturalization,
then he does not become a
naturalized citizen; perforce, he is a
natural-born citizen. Repatriation
restores the citizenship status that
the party had prior to his loss of
Philippine citizenship (Bengson III
v. HRET, G.R. No. 142840, May 7,
2001)
H. Derivative Citizenship - citizenship acquired
by the wife and the minor children resulting from
the acquisition of Philippine citizenship by an alien
through naturalization. The wife who does not
suffer from any of the disqualifications is entitled to
be declared a Filipino citizen in the administrative
proceeding before the Bureau of Immigration for
the cancellation of her alien certificate of
registration.
1. voluntarily -
P O L I T I C A L
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I. Doctrine of Indelible Allegiance - an

individual may be compelled to retain his
original nationality even if he has already
renounced or forfeited it under the laws of
the second State whose nationality he has
acquired.
I N
P O L I T I C A L
L A W
2. The Solicitor General or his authorized

representative took active part in the
resolution thereof.
3. Supreme Court affirms the finding on
citizenship.
Article V - SUFFRAGE
J.
Dual Citizenship vs. Dual
Allegiance
Dual
Dual
Citizenship
Allegiance
Result
of
a A situation in
concurrent
which a person
application
of considered
the
different national of those
laws of 2 or more 2 or more States
States
which by some positive
simultaneously
act to pledge
consider
a loyalty.
person
a
national of both
States.
Result of an Voluntary
individual
situation without
the
individual
doing anything
Dual Citizenship Not a Ground
Disqualification for Public Office
for
It is dual allegiance, not dual citizenship

that is a ground for disqualification from
running for public office. For candidates
with dual citizenship, it is enough if,
upon the filing of their certificates of
candidacy,
they
elect
Philippine
citizenship to terminate their status as
dual citizens. (Mercado v. Manzano, G.
R. No. 135036, May 26, 1999)
K. Res Judicata
Citizenship
in
Cases
of
General rule: Res judicata principle does

not apply to cases hinging on the
citizenship issues,
Exceptions
1. A persons citizenship is raised as a
material issue in a controversy
where said person is a party.
A. Definition
It is the right and obligation to vote of qualified
citizens in the election of certain national and local
officers of the government and in the decision of
public questions submitted to the people
B. Nature of Suffrage
1. Mere privilege suffrage is not a natural
right of the citizens but merely a privilege to
be given or withheld by the lawmaking
power subject to constitutional limitations.
2. Political right enabling every citizen to
participate in the process of government to
assure that it derives its powers from the
consent of the governed
C. Scope of Suffrage
1. Election - is the means by which the
people choose their officials for definite and
fixed periods and to whom they entrust, for
the time being as their representatives, the
exercise of powers of government
2. Plebiscite - is the name given to a vote of
the people expressing their choice fore or
against a proposed law or enactment
submitted to them.
3. Referendum - is the submission of a law
or part thereof passed by the national or
local legislative body to the voting citizens of
a country for their ratification or rejection
4. Initiative - is the process whereby the
people directly propose and enact laws.
5. Recall - is a method by which a public
officer may be removed from office during
his tenure or before the expiration of his
term by a vote of the people after
registration of a petition signed by a
required percentage of the qualified voters.
D. Qualifications of Voters
1. must be a citizen of the Philippines;
2. not otherwise disqualified by law;
3. at least (18)eighteen years of age;
4. have resided in the Philippine for at least
one year and in the place wherein he
proposes to vote for at least six months
preceding the election
P O L I T I C A L
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parties or organizations
E. Persons Disqualified to Vote
1. Any person who has been sentenced
by final judgment to suffer
imprisonment for not less than 1
year.
Such disability not having
been removed by plenary
pardon or granted amnesty.
But such person shall
automatically reacquire the
right to vote upon expiration
of five years after service of
sentence
2. any person adjudged of any crime
involving disloyalty to the duly
constituted government such as
rebellion, sedition, violation of the
anti-subversion and firearms laws,
or any crime against national
security, unless restored to his full
civil and political rights in
accordance with law.
Such person shall likewise
automatically regain his right to
vote upon expiration of five yeas
after service of sentence and
3. insane or incompetent persons as
declared by competent authority.
Article VI LEGISLATIVE
DEPARTMENT
I. Senate and House of Rep
C. Kinds
Congress
of
Election
for
Members
of
1. Regular Election held on the second

Monday of May, unless Congress provide
otherwise. (Art. VI, Sec. 8).
2. Special Election called in case vacancy
arises in the Senate or House of
Representatives to fill such vacancy in the
manner prescribed by law. (Art. VI, Sec. 9,
R.A. 6645)
D. Procedures under R.A. 6645
No special election will be called if vacancy

occurs:
1. at least eighteen (18) months before the
next regular election for members of the
Senate;
2. at least (1) year before the next regular
election for Members of Congress.
The particular House of Congress where

vacancy occurs must pass either a resolution if
Congress is in session or the Senate President
or the Speaker must sign a certification, if
Congress is not in session:
1. declaring the existence of the vacancy;
2. calling for a special election to be held
within 45 to 90 days from the date of the
resolution or certification.
3. Senator or representative elected shall serve
only for the unexpired term.
A. Composition (Art. VI, Secs. 2 and

5)
HOUSE OF
SENATE
REPRESENTATIVES
24 Senators
Not more than 250
members (20% of total
membership
allotted
for
party-list
representatives)
Qualification
1. Naturalborn
citizen of
the
Philippines
B. Election (Art. VI, Secs. 2, 5, 8 and

9)
HOUSE OF
SENATE
REPRESENTATIVES
Elected at large Elected from legislative
by the qualified districts and through
voters
party-list system of
registered
national,
regional, and sectoral
2. Able to 2. Able to read

read
and and write
2. Able to write
read and
write
E. Qualifications (Art. VI, Secs. 3 and 6)
P O L I T I C A L
SENATE
1. At least
35 years of
age on the
day of the
election
HOUSE of
REP.
1. At least 25
years of age on
the day of the
election
(not
applicable
to
representative
from
youth
sector)
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3.registered
voter
3.
Registered
voter
4.resident
4.Resident
of the Phils.
for not less
than
2
years
immediately
preceding
the day of
elections
A I D
I N
P O L I T I C A L
2. Each district must be contiguous, compact

and adjacent.
3. Except party
list
representatives,
registered voter
in the district in
which he shall
be elected
Gerrymandering arrangement of
districts in such a way as to favor the
election of preferred candidates through
the inclusion therein only of those areas
where they expect to win, regardless of
the resultant shape of such districts.
4. Resident of
the Phils. for
not less than 1
year
immediately
preceding the
day of elections
F. Term of Office (Art. VI, Secs. 4 and

7)
HOUSE OF
SENATE
REPRESENTATIVES
Six (6) years to Three (3) years to
commence,
unless
commence,
unless
otherwise provided by
otherwise
law, at noon on the 30th
provided
by day of June next
law, at noon on following their election.
the 30th day of
June
next
following their
election.
G. Maximum Term (Art. VI, Secs. 4[2)
and 7[2])
HOUSE OF
SENATE
REPRESENTATIVE
Not more than Not more than three
two
(2) (3) consecutive terms
consecutive
terms
H.
APPORTIONMENT
LEGISLATIVE DISTRICT (Art.
Sec. 5[3] and [4])
OF
VI,
1. Maintain
proportional
representation based on number of
inhabitants:
Each city with not less than 250
thousand inhabitants, entitled to
at least one (1) representative
Each province, irrespective of the
number of inhabitants, entitled
to at least one (1) representative
L A W
3. Reapportionment within 3 years following

return of every census.
I. Salaries (Art. VI, Sec. 10 and 20)
Reduction of salaries of the members of
Congress not prohibited by Constitution. If any
increase is to be made, it cannot be effective
during the term of the members of the Congress
who approved the increase.
Books of accounts of the Congress shall be open

to public inspection and must be audited by the
Commission on Audit.
Each legislators
itemized expenditures, including allowances,
shall also be published annually for the
information of the people.
J. Parliamentary Immunities (Art. VI, Sec.

11)
1. Privilege from Arrest covers not only
civil arrests but also arrests for criminal
offenses punishable by not more than six
years imprisonment. Immunity applies only
while the Congress is in session (entire
period from its initial convening until its
final adjournment).
2. Privilege of Speech and Debate
Requirements:
a. Remarks must be made while the
legislature or legislative committee is
in session
b. They must be made in connection
with the discharge of official duties.
K. Conflict of Interest (Art. VI, Sec. 21)
Obligations Imposed:
1. Full disclosure of their financial and
business interest, upon assumption of office
2. Notification of the House concerned of a
potential conflict of interest that may arise
from the filing of a proposed legislation of
which they are authors
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Forbidden
the writ of habeas corpus (Art. VII,

Sec. 18)
3. Joint sessions
Incompatible Office includes any kind

of office or employment in the government,
or
any
subdivision,
agency,
or
instrumentality, including GOCCs or its
subsidiaries during the officers term; any
position in the government outside of
Congress
Separate Voting
1) Choosing the President (Art. VII, Sec. 4)
2) Determine Presidents disability (Art.
VII, Sec. 11)
3) Confirming
nomination
of
VicePresident (Art. VI, Sec. 9)
4) Declaration of existence of a state of war
(Art. VI, Sec. 23)
5) Constitutional amendments (Art. XVII,
Sec. 1)
L. Incompatible and
Offices (Art. VI, Sec. 13)
1. Definition
Forbidden Office office created or the

emoluments of which have been increased
during the term for which he was elected
M. Inhibitions and Disqualifications

(Art. VI, Sec. 14)
1. Appearance as counsel before
any court of justice, Electoral
Tribunals, quasi-judicial and other
administrative bodies
2. Financial interest in any contract
with the government
3. Financial interest in any special
privilege granted by the government
4. Intervention in matters before any
office of the government for his
pecuniary benefit, or where he
maybe called upon to act or vote.
N. Sessions (Art. VI, Sec. 15)
1. Regular convene once every year
on the fourth Monday of July until
30 days before the start of new
regular session
2. Special:
a. Called by the President (Art
VII, Sec. 15)
b. Special election due to a
vacancy in the offices of the
President and Vice President
at 10 oclock a.m. on the third
day after vacancies (Art. VII,
Sec. 10)
c. Disability of the President
(Art. VII, Sec. 11[3])
d. Presidential proclamation of
martial law or suspension of
Joint Voting
1) Revocation or extension of proclamation
suspending privilege of writ of habeas
corpus (Art. VII, Sec. 18)
2) Revocation or extension of declaration
of martial law (Art. VII, Sec. 18)
O. Discipline of Members (Art. VI, Sec.
16[3])
1. Forms of Punishment
a. Fine
b. Forfeiture of salary
c. Reprimand
d. Imprisonment
e. Suspension
f. Expulsion
To suspend or expel a member, the
concurrence of two-thirds (2/3) of all members
of each House is necessary. If penalty is
suspension, this shall not exceed 60 days.
Interpretation of the phrase disorderly behavior
is the prerogative of the House concerned and
cannot be judicially reviewed. (Alejandrino v.
Quezon, 46 Phil 83)
P. Journals (Art. VI, Sec. 16[4])
1. Legislative Journal official record of what is
done and passed in a legislative assembly.
Useful not only for authenticating the
proceedings but also for the interpretation of
laws through a study of the debates held thereon
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Journals must be published from time to

time excepting such parts as may affect
the national security
the enrolled copy after discovering

that the wrong amendments were
the one included in the enrolled bill
and the President also withdrew his
signature after learning of the
mistake, the enrolled copy shall not
prevail over the new and corrected
copies. (Astorga v. Villegas, 56
SCRA 714)
Publication of journals is in line with the

right to information on matters of public
concern (Art. III, Sec. 7)
2. Journal vs. Record
JOURNAL
RECORD
Resum
or
minutes of what
transpired during
a
legislative
session
Word-for-word
transcript of the
proceedings taken
during the session
3. Journal Entry Rule - on matters

required and mandated by the Constitution
to be entered into the Journal, which each
House is required to keep, the journal entry
shall prevail.
Matters to be entered in the Journal
a. yeas and nays on the 3rd and final
reading of a bill;
b. veto message of the President;
c. yeas and nays on the re-passing of a
bill vetoed by the President;
d. yeas and nays on any question at the
request of 1/5 of the Members
present
e. vote of each member of the House of
Representatives in impeachment
cases
f. other matters which each House in
its discretion may direct to be
entered in the journal
4. Enrolled Bill one which has been
duly introduced, finally passed by both
houses, signed by the proper officers of each
and approved by the President.
Enrolled Bill Theory As
a general rule, the enrolled
copy of a bill prevails over
any other copy. The general
rule, however, is subject to
certain exceptions, among
them the Journal Entry rule.
When the Senate President
and
House
Speaker
withdrew their signatures to
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Q. Adjournment (Art. VI, VI, Sec. 16 [5])

1. definitions
Adjournment both Chambers during session,
without the consent of the other, cannot adjourn for
more than 3 days, or any other place than that in
which the two Chambers shall be sitting (Art VI,
Sec. 16[5])
Adjournment Sine Die interval between the
session of one Congress and that of another;
Congress must stop the clock at midnight of the
last day of session in order to validly pass a law.
R. Electoral Tribunals (Art. VI, Secs. 17 and
19)
1. Composition
a. 3 Justices of the Supreme Court designated
by Chief Justice
b. 6 members of the Chamber concerned
(Senate or House of Representatives)
chosen on the basis of proportional
representation from political parties and
parties registered under the party-list
system
The senior Justice in each electoral
tribunal shall be its Chairman.
It shall be constituted within 30
days after the Senate and the House
of Representatives shall have been
organized with the election of the
President and the Speaker. (Art. VI,
Sec. 19)
2. Powers of Electoral Tribunals
a. Sole judge of all contests relating to the
election, returns and qualification of their
respective members
b. Exclusive right to prescribe its own rules of
procedure (Lazatin v. House Electoral
Tribunal, 168 SCRA 391)
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Electoral
Tribunals
are
independent of the Houses of
Congress and its decisions
may be reviewed by the
Supreme Court only upon
showing of grave abuse of
discretion.
S. Commission on Appointments
(Art. VI, Secs. 18 and 19; Art. VII, Sec.
16)
I N
P O L I T I C A L
c. Members of the armed forces from the rank

of colonel or naval captain
d. Other officers whose appointments are
vested in him by the Constitution,
including:
i. Chairmen and members of the
Constitutional Commissions (CSC,
COA and Comelec)
ii. Regular members of the Judicial and
Bar Council
iii. Members
of
the
Regional
Consultative Council
1. Composition- 25 members(12 Senators

and 12 Representatives)
elected by each house on the
basis
of
proportional
representation
from
the
political parties and parties
and organizations registered
under the party-list system
represented therein, plus the
Senate President as ex-officio
chairman.
Chairman shall not
except in case of tie.
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It shall be constituted within 30

days after the Senate and the House
of Representatives shall have been
organized with the election of the
President and the Speaker. (Art. VI,
Sec. 19)
Meets only while Congress is in
session, at the call of its Chairman or
a majority of its members.
II. POWERS OF THE CONGRESS
vote
A. Definition
Commission
acts
independently
of
the
Congress and is legally not
responsible to it.
Once
created, it operates as a
distinct entity, legislative in
composition but executive in
function.
2. Powers of the Commission on
Appointments
1. Approve
or
disapprove
all
appointments submitted to it by the
President within 30 session days of
Congress from their submission
2. Power to promulgate its own rules of
procedure
3. Appointments to be Confirmed by
the Commission on Appointments
(Art. VII, Sec. 16)
a. Heads of executive departments
b. Ambassadors, public ministers and
consuls
Legislative Power authority under the

Constitution to make laws and to alter and repeal
them. (Govt. of the Phils. v. Springer, 50 Phil. 259)
B. Classification of Powers of the Congress
1.Legislative
a. General plenary power
b. Appropriation
c. Taxation
d. Expropriation
e. Legislative investigations
f. Question hour
2. Non-Legislative
a. Canvassing of presidential elections
b. Declaration of existence of a state of war
c. Giving concurrence to treaties and
amnesties
d. Propose constitutional amendments
e. Impeachment
f. Delegation of emergency powers
g. Calling of special election for President and
Vice-President
h. Confirmation of certain appointments
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Decide the disability of the President

because majority of the Cabinet
disputes his assertion that he is able
to discharge his duties;
j. Revocation
or
extension
of
proclamation of suspension of
privilege of writ of habeas corpus or
declaration of martial law
k. Utilization of natural resources (Art.
XII, Sec. 2)
I N
P O L I T I C A L
i.
C. Limitations on the Powers of

Congress
1. Substantive
1.1Express
a. Bill of Rights (Art. III)
b. On appropriations (Art. VI,
Sec. 25 and 29[1] and [2])
c. On taxation (Art. VI, Sec. 28
and 29[3]; Art. XIV, Sec 4[3])
d. On appellate jurisdiction of
Supreme Court (Art. VI, Sec.
30)
e. No law granting title of
royalty or nobility shall be
passed (Art. VI, Sec. 31)
f. No specific funds shall be
appropriated or paid for use
or benefit of any religion,
sect, etc., except for priests,
etc., assigned to AFP, penal
institutions, etc. (Art. VI,
Sec.29[2])
1.2Implied
a. prohibition
against
irrepealable laws
b. Non-delegation of powers
2. Procedural
a. One subject per bill, to be stated in its
title (Art. VI, Sec. 26[1])
Purposes of Rule
1. Prevent
legislation
hodgepodge
or
log-rolling
Hodgepodge or log-rolling- act

containing several subjects dealing
with unrelated matters respecting
diverse interests, the main object of
such combination being to unite the
members of the legislature who
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favors any one of the subjects in support of

the whole act.
2. Prevent surprise or fraud upon the legislature
3. Fairly apprise the people of the subjects of
legislation that are being considered in order that
they may have opportunity of being heard thereon
b. 3 readings on separate days; printed copies of
the bill in its final form distributed to members 3
days before its passage, except if President
certifies to its immediate enactment to meet a
public calamity or emergency; upon its last reading
, no amendment allowed and the vote thereon
taken immediately and the yeas and nays entered
into the Journal (Art. VI, Sec. 26[2])
c. Appropriation, revenue and tariff bills shall
originate exclusively from the House of
Representatives (Art. VI, Sec. 24)
D. Legislative Inquiries (Art. VI, Sec. 21)
1. Requirements
1. Must be in aid of legislation
2. In accordance with duly published rules of
procedures
3. Right of person appearing in, or affected by
such inquiry shall be respected
E. Appearance of Department Heads (Art.

VI, Sec. 22)
Informing power of the President may be
exercised by him indirectly through the
members of his Cabinet, who may appear upon
their own initiative with the Presidents consent
or upon request by either House on any matter
pertaining to their departments.
Provision will enable the Congress to obtain
information from the department secretaries on
the manner they are implementing the laws it
has enacted and also on matters related to
pending or prospective legislation.
F. ORIGIN OF BILLS (Art. VI, Sec. 24)
P O L I T I C A L
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1. Bills which must originate from the

House of Representatives
a) Appropriations bills
b) Revenue bills primary and specific
purpose is to raise revenue
c) Tariff bills one imposing custom
duties for revenue purposes
d) Bill authorizing increase in public
debts creates public indebtedness
e) Bill of local application one
affecting purely local or municipal
concerns
f) Private bills one affecting purely
private interest
The initiative for filing of
appropriation, revenue and
tariff bills must come from
the House, but it does not
prohibit the filing in the
Senate a substitute bill in
anticipation of its receipt of
the bill from the House, so
long as the action by the
Senate is withheld pending
the receipt of the House bill.
(Tolentino v. Secretary of
Finance, 235 SCRA 630)
G. Power of Appropriation (Art. VI,
Secs. 24 and 29[1])
1. definitionAppropriation Law statute the primary
and specific purpose of which is to authorize
the release of public funds from the treasury
2. Kinds of Appropriations
a. Annual or general appropriation
sets aside the annual expenses for
the general operation of the
government (also called budget).
b. Special
or
supplemental
appropriations all appropriations
not contained in the budget;
designed to supplement the general
appropriations
c. Specific appropriation sets aside a
named sum of money for the
payment of a particular expense
d. Continuing
appropriation
appropriation available to support

obligations for a specified purpose or
project, even when these obligations
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are incurred beyond the budget year

(Administrative Code of 1987, Book VI,
Chapter 1, Sec. 2[6])
3. Limitations
a. Implied Limitations
i.
Must be for public purpose;
ii.
Sum authorized for release must be

determinate,
or
at
least
determinable
b. Constitutional Limitations on Special

Appropriations Measures
i.
ii.
Must specify public purpose for

which the sum was intended;
Must be supported by funds
actually available as certified by
National Treasurer or to be
raised by corresponding revenue
proposal included therein. (Art.
VI, Sec. 25[4])
4. Rules on General Appropriations Law

(Art. VI, Sec. 25)
a. Congress may not increase appropriations
recommended by the President for
operations of Government
b. Form, content and manner of preparation of
budget shall be provided by law
c. No provision or enactment shall be
embraced in the bill unless it relates
specifically
to
some
particular
appropriations therein
d. Procedure for approving appropriations for
Congress shall be the same as that of other
departments in order to prevent sub-rosa
appropriations by Congress
e. Prohibition
against
transfer
of
appropriations or doctrine of augmentation
Exceptions - authorized to augment any
item in the general appropriations law for
their respective offices from savings in
other
items
of
their
respective
appropriations
President
Senate President
Speaker
of
the
Representatives
Chief Justice
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of
Commissions
f.
A I D
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Constitutional
Prohibitions against appropriations

for sectarian benefit
g. Automatic re-appropriation.
Validity
of
Congressional
Development Fund or Pork Barrel
The fund is valid and so is a provision in the
GAA (for 1994) which sets aside an amount
to be used for infra, purchase of ambulances
and computers and other priority projects
and activities, and credit facilities to
qualified beneficiaries as proposed and
identified by officials concerned. The
officials concerned were congressmen,
senators and the VP who were each
allocated an amount. (Philconsa v.
Enriquez, 235 SCRA 506)
H. Legislative Procedure (Art. VI, Sec.

26; Art. VI, Sec. 27)
1. Stages in Passage of a Bill
a.
b.
c.
d.
e.
f.
g.
First Reading
Referral to appropriate committee
Second Reading
Debates
Printing and Distribution
Third Reading
Referral to the Other House (same
procedure takes place)
h. Submission to joint bicameral
committee (to settle differences)
i. Submission to the President (Art. VI,
Sec. 27)
Shifting Majority - To pass
a law, only the votes of the
majority of those present in
the session, there being a
quorum are required. It is
shifting because as the
number of those present
increases or decreases as
long
as
the
number
constitutes a quorum, the
number of votes needed to
pass
a
bill
would
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correspondingly increase or decrease

or shift.
2. Procedure for Approval of Bills
a. Bill is approved by both chambers
b. President approves and signs it
c. If the President vetoes the bill, bill is
returned with presidential objections to the
house of origin. Veto may be overridden
upon vote of 2/3 of all members of the
House of origin and other house
d. If there is inaction by the President for 30
days from receipt of the bill, it becomes a
law as if the same has been signed by him
3. How a Bill Becomes Law
a. Approved and signed by the President;
b. Presidential veto overridden by 2/3 vote of
all members of both Houses;
c. Failure of the President to veto the bill and
to return it with his objections to the House
where it originated, within 30 days after the
date of receipt;
d. A bill calling a special election for President
and Vice-President under Sec. 10, Art. VII
becomes law upon third and final reading.
I. Initiative and Referendum (Art. VI, Sec. 32)
1. Initiative
a. definition- power of the people to propose bills
and laws, and to enact or reject them at the polls,
independent of the legislative assembly
b. Classes of Initiative
i.
Initiative on the Constitution petition

proposing amendments to the Constitution
ii. Initiative on Statutes petition proposing
to enact a national legislation
iii. Initiative on Local Legislation petition
proposing to enact a regional, provincial,
city, municipality or barangay law,
resolution or ordinance
c. Indirect Initiative exercise of initiative by the
people through a proposition sent to Congress or
the local legislative body for action.
2. Referendum
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resignation of both the President and

the Vice President
ii. Vacancies occur more than eighteen
months before the next regular
presidential election;
iii. Law passed by Congress calling for a
special election to elect a President and
a Vice President to be held not earlier
than 45 days nor later than 60 days from
the time of such call. (Art. VII, Sec.10)
a. definition- right reserved to the people to

adopt or reject any act or measure which
have been passed by a legislative body and
which in most cases would without action
on the part of the electors become a law.
b. Classes of Referendum
i.
Referendum on Statutes petition

to approve or reject an act or law, or
part thereof, passed by Congress
ii. Referendum on Local Laws legal
process whereby the registered
voters of the local government units
may approve, amend or reject any
ordinance
enacted
by
the
sanggunian.
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2. Election by Congress in case of a tie, the

President and Vice-President shall be chosen by a
vote of a majority of all the members of Congress in
session assembled. (Art. VII, Sec. 4[5])
C. Term of Office (Art. VII, Sec. 4)
J. POWER TO DECLARE EXISTENCE

OF WAR (Art. VI, Sec. 23[1])
1. Term vs. Tenure

TERM OF
OFFICE
1. Requisites
a. Defensive, not aggressive war (Art.
II, Sec. 2)
b. Concurrence of two-thirds (2/3) of
both Houses in joint session
assembled voting separately
Article VII - EXECUTIVE

DEPARTMENT
A. Qualification of President and
Vice- President (Art. VII, Sec. 2 and 3)
1. Natural-born citizen of the
Philippines
2. Registered voter
3. Able to read and write
4. At least forty (40) years of age on
the day of the election
5. Resident of the Philippines for at
least ten (10) years immediately
preceding such election
TENURE
OFFICE
OF
Period, duration
or length of time
during which an
officer may claim
to hold the office
as of right, and
fixes the interval
after which the
several
incumbents shall
succeed
one
another
Period
during
which
the
incumbent
actually holds the
office
Fixed by law
Not fixed; maybe

shorter
for
reasons within or
beyond the power
of the incumbent
Term of President and VicePresident is six (6) years to

commence at noon on the 30th day of
June following the day of the
election and shall end at noon of the
same date six (6) years thereafter.
(Art. VII, Sec. 4[1])
B. Election (Art. VII, Sec. 4)

1. Direct Voting
a. Regular second Monday of May every
six years
b. Special- in cases of
i. Death, permanent disability,
removal
from
office
or
POWERS OF THE PRESIDENT

EXECUTIVE POWER power to enforce and
administer laws.
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A. Different Powers of the President

1. Appointment Power (Art. VII, Sec.
16)
2. Removal Power (implied from the
power to appoint)
3. Control Power (Art. VII, Sec. 17)
4. Take-Care Clause (Art. VII, Sec. 17,
2nd sentence)
5. Military Power (Art. VII, Sec. 18)
6. Pardoning Power (Art. VII, Sec. 19)
7. Borrowing Power (Art. VII, Sec. 20)
8. Diplomatic Power (Art. VII, Sec. 21)
9. Budgetary Power (Art. VII, Sec. 22)
10. Informing Power (Art. VII, Sec. 23)
11. Residual Powers
12. Other Powers
a. Call Congress to a special session
(Art. VI, Sec. 15)
b. Approve or veto bills (Art. VI,
Sec. 27)
c. Deport aliens (Qua Chee Gan v.
The Deportation Board, G.R. No.
L-10280, September 30, 1963)
d. Consent to deputization of
government
personnel
by
COMELEC [Art. IX-C, Sec. 2[4])
e. Discipline such deputies (Art.
IX-C, Sec. 2[8])
f. General supervision over local
government
units
and
autonomous
regional
governments (Art. X)
g. Emergency and tariff powers
(Art. VI, Sec. 23[2])
I N
P O L I T I C A L
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c. Officials whose Appointments are Vested in the

President:
i. With the consent of the Commission on
Appointments
i.1.Heads of executive departments
i.2.Ambassadors and other public
ministers and consuls
i.3.Officers of the AFP from the rank of
colonel or naval captain
i.4.Other ministers whose appointments
are vested in him by the Constitution
ii. Prior recommendation or nomination by the
Judicial and Bar Council
ii.1. Members of the Supreme Court and
all lower courts (Art. VIII, Sec. 9)
ii.2. Ombudsman and his 5 deputies
iii. Requiring nominations by multi-sectoral
groups
iii.1. Regional consultative commission
(Art. X, Sec. 18)
iii.2 Party-list representatives, before
the Party-List Law (Art. XVIII, Sec.7)
iv. Appointment of Vice-President as member
of the Cabinet
v. Appointment solely by the President
v.1.Those vested by the Constitution on
the President alone;
v.2. Those whose appointments are not
otherwise provided for by law;
v.3. Those whom he may be authorized
by law to appoint;
v.4. Those other officers lower in rank
who appointment is vested by law in the
President alone.
1. APPOINTMENT POWER (Art. VII,

Sec. 16)
a. definition- Appointment is the selection,
by the authority vested with the power, of an
individual who is to exercise the functions of
a given office.
d. Kinds of Presidential Appointees

b. Appointment vs. Designation
APPOINTMENT
DESIGNATION
Selection
of
individual
who
will
exercise
function of a given
office
Imposition of new
or
additional
duties on officer
already in the
government
service
i. Regular made during the sessions of

Congress
ii. Ad Interim made during a recess of the
Congress
Regular vs. Ad Interim Appointments
REGULAR
Made
P O L I T I C A L
AD INTERIM
during Made during the
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legislative session
recess
Made only after

the nomination is
confirmed
by
Commission
on
Appointments
Made before such

confirmation by
the Commission
on Appointments
Once confirmed,
appointment
continues
until
the end of the
term of appointee
Ceases to be valid
if disapproved by
the CA or upon
next adjournment
of Congress.
I N
P O L I T I C A L
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the end of his term. Only when

continued vacancy will prejudice public
service or endanger public safety (Art.
VII, Sec. 15)
iii. The
spouse
and
relatives
by
consanguinity or affinity within the 4th
civil degree of the President shall not,
during his tenure be appointed as:
members of the Constitutional
Commissions
member of the Office of the
Ombudsman
Secretaries
Undersecretaries
Chairman or heads of bureaus or
offices, including GOCC and
their subsidiaries. (Art. VII, Sec.
13[2])
iv. The President shall have the power to
make appointments during the recess of
the Congress, whether voluntary or
compulsory, but such appointments
shall be effective only until disapproval
by the CA or until the next adjournment
of the Congress. (Art. VII, Sec. 16[2])
e. Kinds of Appointment in the Career

Service
i.
Permanent extended to persons

possessing the requisite eligibility
and protected by the constitutional
provision on security of tenure
ii. Temporary given to person
without such eligibility, revocable at
will and without the necessity of just
cause or valid investigation.
2. REMOVAL POWER a. source- implied from the power to appoint.

f. Appointing Procedure for Officials
Needing
Confirmation
by
the
Commission on Appointments
b. Extent of the Presidents Removal Power

i.
As to Officers Exercising Purely

Executive Functions President
may remove them with or without
cause; Congress may not restrict such
power
ii. As to Officers Exercising QuasiLegislative
or
Quasi-Judicial
Functions they may be removed
only on grounds provided by law
iii. As to Impeachable Officers and of
Lower Courts removal power is not
available
iv. As to Civil Service Officers
President may remove them only for
causes provided by law
i. Nomination by the President;

ii. Confirmation
by
the
Commission on Appointments
iii. Issuance of commission
iv. Acceptance by appointee (either
express or implied)
g. Limitations on the Appointing
Power of the President
i.
Appointments made by an acting

President shall remain effective
unless revoked within 90 days
from assumption of office by
elected President (Art. VII, Sec.
14)
ii. President or acting-President
shall not make appointments
except temporary ones to
executive positions 2 months
immediately
before
next
Presidential elections and up to
3. CONTROL POWER (Art. VII, Sec. 17)

a. Control vs. Supervision (Mondano v. Silvosa, 97
Phil. 143)
CONTROL
Power
officer
P O L I T I C A L
SUPERVISION
of
an Overseeing
or
to alter, power or authority
L A W

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modify, annul or
set aside what a
subordinate
officer had done
in
the
performance
of
his duties and to
substitute
the
judgment of the
former for that of
the latter
A I D
I N
P O L I T I C A L
There must be actual invasion or

rebellion
ii. The duration of the proclamation shall
not exceed sixty days
iii. Within 48 hours, the Presidents shall
report his action to Congress. If
Congress is not in session, it must
convene within 24 hours
iv. Congress may by majority vote of all
its members voting jointly revoke the
proclamation, and the President
cannot set aside the revocation
v. By the same vote and in the same
manner, upon initiative of the President,
congress
may
extend
the
proclamation if the invasion or
rebellion continues and public safety
requires the extension
vi. The Supreme Court may review the
factual sufficiency of the proclamation,
and the Supreme Court must decide the
case within thirty days from the time it
was filed
vii. Martial law does not automatically
suspend the privilege of the writ of
habeas corpus or the operation of the
Constitution. It does not supplant the
functioning of the civil courts and of
congress.
Military courts have no
jurisdiction over civilians where civil
courts are able to function
i.
of an officer to see
that subordinate
officers
perform
their duties.
b. Doctrine of Qualified Political Agency

(Alter Ego Principle) acts of the
Secretaries of Executive departments when
performed and promulgated in the regular
course of business or unless disapproved or
reprobated by the Chief Executive, are
presumptively the acts of the Chief
Executive. (Villena v. Secretary of the
Interior, 67 Phil 451)
4. THE TAKE-CARE CLAUSE
a. Scope- Function of the President to see
that the laws are faithfully executed is more
of a duty than a power, to be discharged by
him personally and through subordinates
under his control or supervision (Art. X,
Secs. 4 and 16)
Faithful
Execution
Clause - until and unless a
law
is
declared
unconstitutional, President
has a duty to execute it
regardless of his doubts as to
its validity
L A W
c. How Proclamation of Martial Law or Suspension

of Privilege of Writ of Habeas Corpus is lifted
i. By the President himself
ii. Revocation by Congress
iii.Nullification by the Supreme Court
iv. Operation of law after 60 days
d. State of Rebellion
5. THE MILITARY POWER (Art. VII,

Sec. 18)
The President has full discretionary

powers to declare a state of
rebellion. The Court may only look
into the sufficiency of the factual
basis of the exercise of this power.
(Lacson v. Perez, 357 SCRA 756)
a. Scope
i. Command of the Armed Forces
ii. Suspension of the Privilege of
Writ of Habeas Corpus
iii. Declaration of Martial Law
When the President calls the armed

forces to prevent or suppress lawless
violence, invasion or rebellion, he
necessarily
exercises
a
discretionary power solely vested in
his wisdom. This is clear from the
b. Limitations:
Safeguards on the Exercise of the
Presidents Power to Proclaim Martial Law
P O L I T I C A L
L A W

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intent of the framers and

from the text of the
Constitution
itself.
The
Court, thus, cannot be called
upon
to
overrule
the
Presidents
wisdom
or
substitute its own. However,
this does not prevent an
examination of whether such
power was exercised within
permissible
constitutional
limits or whether it was
exercised in a manner
constituting grave abuse of
discretion. (IBP v. Zamora,
G.R. No. 141284, August 15,
2000)
e. Warrantless Arrests During State of
Rebellion
In quelling or suppressing
the rebellion, the authorities
may
only
resort
to
warrantless
arrests
of
persons
suspected
of
rebellion, as provided under
Section 5, Rule 113 of the
Rules of Court, if the
circumstances so warrant.
(Lacson v. Perez, 357 SCRA
756)
6. PARDONING POWER (Art. VII,
Sec. 19)
a. definitions
i.
Pardon is an act of grace which

exempts individual on whom it is
bestowed from punishment which
the law inflicts for a crime he has
committed.
Power is discretionary, may
not be controlled by the
legislature or reversed by the
court, unless there is a
constitutional violation.
Kinds of Pardon-Plenary
or partial and Absolute or
conditional
ii. Commutation reduction

mitigation of the penalty.
I N
P O L I T I C A L
L A W
iii. Reprieve postponement of sentence or

stay of execution.
iv. Parole release from imprisonment, but
without full restoration of liberty, as parolee
is in the custody of the law although not in
confinement.
v. Amnesty act of grace, concurred in by
the Legislature, usually extended to groups
of persons who committed political offenses,
which puts into oblivion the offense itself.
vi. Probation action of giving a convicted
offender freedom during good behavior
under the supervision of a probation officer
b. Distinction
Pardon vs. Parole
Factor
PARDON
PAROLE
When
granted
Granted at
any time
after final
judgment
of
conviction
Only after
service of
the
minimum
sentence
Who grants
President
Board of
Pardons
and Parole
Pardon vs. Probation

FACTOR
PARDON
PROBATION
Effect
Exoneration;
grantee is
released
from
custody
Still remains
in legal
custody
For what
crimes
granted
Granted for
any crime
Crime may not

be against
security of the
State
Who grants
President
Courts
Effects on
accessory
penalties
Sentence
and effects,
including
accessory
penalties,
are
Restoration to
civil rights
takes place
only after final
discharge
or
P O L I T I C A L
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abolished
upon grant
Pardon vs. Amnesty
FACTOR
PARDON
AMNESTY
Crime
committed
Common
crimes
Political
crimes
To whom
granted
Individuals
Group,
class or
community
When
Only after
conviction
(final
judgment)
Even before
trial
Effects
Prospective:
relieves
offender of
the
consequences
Retroacts:
obliterates
the offense
Private act
which must
be pleaded
and proved
Public act
of which the
courts take
judicial
notice
Not required
Required
Evidentiary
value
Concurrence
of Congress
c. Limitations on the Pardoning Power of

the President
Pardon cannot be granted in cases of
impeachment
or
legislative
contempt
ii. In cases of pardon of election
offenses, the recommendation of
COMELEC is necessary
iii. Pardon can be granted only after
conviction by final judgment
iv. In cases of conditional pardon, there
must be acceptance on the part of
the grantee
v. Pardon does not extinguish civil
liability
vi. Pardon does not extinguish civil
contempt
vii. Pardon does not restore the right to
a public office unless the ground is
innocence
I N
P O L I T I C A L
L A W
viii.Partial pardon does not extinguish the

penalties which are not subject of the
pardon
ix. In case of amnesty, concurrence of a
majority of all members of Congress is
necessary
7. BORROWING POWER (Art. VII, Sec. 20)
President may contract or guarantee
foreign loans on behalf of the
Republic with the concurrence of the
Monetary Board, subject to such
limitations as may be provided by
law. Monetary Board shall submit to
Congress report on loans within 30
days from end of every quarter.
8. DIPLOMATIC POWER (Art. VII, Sec. 21)
No treaty or international agreement
shall be valid and effective unless
concurred in by at least 2/3 of all
members of Senate.
9. BUDGETARY POWER (Art. VII, Sec. 22)
Within 30 days from opening of
every regular session, President shall
submit to Congress a budget of
expenditures and sources of
financing, including receipts from
existing and proposed revenue
measures.
10. INFORMING POWER (Art. VII, Sec. 23)
i.
President shall address Congress at

the opening of its regular session
(State
of the Nation Address).
President may also appear before it
at any other time.
11. RESIDUAL POWER
Whatever is not judicial, whatever is
not legislative, is residual power
exercised by the President (Marcos
v. Manglapus, 178 SCRA 760)
12. PRESIDENTIAL VETO (Art. VI, Sec. 27)
a. Different Forms of Veto
i.
P O L I T I C A L
Message Veto - when the President

disapproves a bill, he shall return it to the
L A W

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House where the bill originated

together with his VETO MESSAGE,
which explains his objects to the bill,
which message shall be entered in
the Journal within 30 days after
receipt.
ii. Pocket Veto - non-approval of a
legislative act by the President, with
the result that it fails to become a
law.
No pocket veto in the
Philippines.
iii. Legislative Veto - a legislative veto
provides that a law takes effect by
the
legislatures
inaction.
A
legislative veto is unconstitutional
because the Constitution provides
the procedure on how a law must be
passed, thus requiring an affirmative
act for a bill to become a law.
As a general rule, if the
President disapproves a bill
enacted by Congress, he
should veto the entire bill. He
is not allowed to separate
items of a bill.
Exception: Item-veto in the
case
of
appropriation,
revenue, and tariff bills is
allowed. (Art. VI, Sec. 27[2]).
13. EMERGENCY POWERS (Art. VI,

Sec. 23[2])
a. Conditions for the Exercise of the
President of Emergency Powers
i.
ii.
iii.
iv.
v.
There must be a war or other

national emergency
There must be a law authorizing
President to exercise emergency
powers
Exercise must be for a limited period
Must be subject to restrictions that
Congress may provide
Exercise must be necessary and
proper to carry out a declared
national policy
Other national emergency
may
include
rebellion,
economic crisis, pestilence or
epidemic, typhoon, flood, or
I N
P O L I T I C A L
L A W
other
similar
catastrophe
of
nationwide proportions or effect.
Article VIII - JUDICIAL DEPARTMENT
A. Definition
1. JUDICIAL POWER - duty of courts of justice
to settle actual controversies involving rights which
are legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of government
a. Where Judicial Power is Vested
i.
One Supreme Court; and
ii. Such lower courts as may be

established by law
2. Jurisdiction - power to hear and decide a case
and execute decision thereof.
B. Safeguards for Independence of Judiciary
1. SC is a Constitutional body; may not be
abolished by law;
2. Members
are
only
removable
by
impeachment;
3. SC may not be deprived of minimum and
appellate jurisdiction; appellate jurisdiction
may not be increased without its advice or
concurrence;
4. SC has administrative supervision over all
inferior courts and personnel;
5. SC has exclusive power to discipline
judges/justices of inferior courts;
6. Members of judiciary enjoy security of
tenure;
7. Members of judiciary may not be designated
to any agency performing quasi-judicial or
administrative functions;
8. Salaries of judges may not be reduced;
judiciary enjoys fiscal autonomy;
9. SC alone may initiate Rules of Court;
10. SC alone may order temporary detail of
judges; and
11. SC can appoint all officials and employees of
the Judiciary
C. Qualifications
P O L I T I C A L
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1. Chief Justice and Associate Justices

of the Supreme Court
a. Natural-born citizen
b. At least 40 years old
c. 15 years or more a judge of a lower
court or engaged in the practice of
law in the Philippines;
d. a person of proven competence,
integrity, probity and independence.
2. Presiding Justice and Associate
Justices of the Court of Appeals
Same qualifications as those
provided for Justice of the
Supreme Court;
I N
P O L I T I C A L
2. For lower courts, President shall issue the

appointment 90 days from submission of the list.
E. Tenure of Justices and Judges
1. Supreme Court hold office until the reach 70
years of age or become incapacitated to discharge
their duties (Art.VIII, Sec. 11).
May be removed
impeachment.
4. Metropolitan, Municipal and

Municipal Circuit Trial Court Judges
a. Citizen of the Philippines;
b. At least 30 years old;
c. Has been engaged for al least 5
years in the practice of law in the
Philippines or has held public
office
in
the
Philippines
requiring admission to the
practice
of
law
as
an
indispensable requisite;
integrity,
probity
and
independence.
only
through
2. Lower Courts hold office during good

behavior until they reach 70 years of age or become
incapacitated to discharge their duties (Art. VIII,
Sec. 11).
By majority vote of members who
actually took part in the deliberation
on the issues and voted thereon, SC
en banc shall have the power to
discipline judges of lower courts or
order their dismissal.
No law shall be passed reorganizing
the Judiciary when it undermines
the security of tenure of its members
(Art. VIII, Sec. 2).
3. Regional Trial Court Judges

a. Citizen of the Philippines;
b. At least 35 years old; and
c. Has been engaged for at least 5
years in the practice of law in the
Philippines or has held public
office
in
the
Philippines
requiring admission to the
practice
of
law
as
an
indispensable requisite.
integrity,
probity
and
independence.
L A W
F. Judicial and Bar Council

1. Composition
a. Ex-officio chairman
i. Supreme Court Chief Justice
b. Ex-officio members
i. Secretary of Justice
ii. Representative of Congress
c. Regular members
i. Representative of the IBP;
ii. Professor of Law;
iii. Retired member of SC; and
iv. Representative of private sector
d. Secretary de officio
i.
Clerk of the Supreme Court
2. Appointment
D. Procedure in Appointment:
Regular members shall be appointed

by the President for a 4 year term
with the consent of the Commission
on Appointments.
1. Appointed by President from among a list

of at least 3 nominees prepared by Judicial
and Bar Council for every vacancy.
P O L I T I C A L
L A W

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3. Powers and Functions of Judicial

and Bar Council (Art. VIII, Sec. 8)
toll, or any penalty imposed in relation

thereto;
iii. All cases in which the jurisdiction of any
lower court is in issue;
iv. All criminal cases in which the penalty
imposed is reclusion perpetua or higher;
v. All cases in which only a question of law
is involved. [Section 5 (2), Art. VIII.]
a. Recommend appointees to the

judiciary;
b. Recommend appointees to the Office
of the Ombudsman and his 5
deputies;
c. May exercise such other functions as
may be assigned by Supreme Court.
\
Temporary
assignments
of
judges of lower courts to others
stations as public interest may
require. Not to exceed 6 months
without the consent of the judge
concerned.
G. SUPREME COURT
1. Composition
Chief Justice and 14
Associate Justices
a. may sit en banc or in its
discretion, in divisions of 3,
5, or 7 members.
b. Any vacancy shall be filled
within
90
days
from
occurrence thereof
c. Order change of venue or place of trial, to

avoid miscarriage of justice.
d. Rule-making power promulgates rules
concerning:
i.
ii.
2. Powers of the Supreme Court
iii.
iv.
v.
a. Original Jurisdiction
i.
Over
cases
affecting
ambassadors,
other
public
ministers and consuls;
ii. Over petition for Certiorari,
Prohibition, Mandamus, Quo
Warranto, and Habeas Corpus;
and
iii. Review of factual basis for the
declaration of martial law or
suspension of the privilege of
writ of habeas corpus.
b. Appellate Jurisdiction
L A W
protection
and
enforcement
of
constitutional rights;
pleading, practice and procedures in all
courts;
admissions to the practice of law;
Integrated Bar of the Philippines; and
legal assistance to the underprivileged.
Limitations on rule making
power:
i.
Provide a simplified and inexpensive

procedure for speedy disposition of
cases
ii. Uniform for all courts in the same grade
iii. Shall not diminish, increase or modify
substantive rights.
e. Power of appointment
Over final judgments and

orders of lower courts in :
appoints
all
officials
and
employees of the Judiciary in
accordance with Civil Service
Law;
i.
all
cases
in
which
the
constitutionality or validity of
any treaty, international or
executive
agreement,
law,
presidential
decree,
proclamation, order, instruction,
ordinance, or regulation is in
question;
ii. All cases involving the legality of
any tax impost, assessment, or
f. Power of administrative supervision

i.
administrative supervision over all

courts and the personnel thereof.
ii. mere division of the SC may discipline a
judge of the lower court; the SC is
required to decide a case en banc only
P O L I T I C A L
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when the dismissal of a judge is

involved.
g. Yearly report
L A W
(Angara
v.
Electoral
Commission, 63 Phil 139)
B. Requisites of Judicial Review
Within 30 days from the

opening of each regular
session of Congress, SC
shall submit to the
President and Congress
an annual report on the
operation and activities
of the Judiciary.
POWER OF JUDICIAL REVIEW
A. Doctrine of Judicial Supremacy
Although holding neither
purse nor sword and so
regarded as the weakest
of the three departments
of the government, the
judiciary is nonetheless
vested with the power to
annul the acts of either
the legislative or the
executive or of both when
not conformable to the
fundamental
law.
(Association of Small
Landowners
of
the
Philippines v. Secretary
of Agrarian Reform, 175
SCRA 343).
1. Actual case or controversy

2. Constitutionality of statute must be raised by
the proper party
3. Constitutional question must be raised at the
earliest opportunity
4. Determination of constitutionality of the statute
must
be
necessary
to
a
final
determination of the case (People v. Vera,
65 Phil. 56).
C. Issues to be Avoided
1. political questions
2. advisory opinions
3. moot and academic issues
4. no standing.
D. Scope of Judicial Power
1. Duty of courts to settle actual controversies
involving rights which are legally demandable
and enforceable
2. Determine whether or not there has been a grave
abuse of discretion amounting to lack or excess
of jurisdiction on part of any branch or
instrumentality of government
Grave
Abuse
of
Discretion
Amounting to Lack of Jurisdiction
capricious and whimsical exercise of
judgment. The abuse of discretion
must be patent and gross as to
amount to an evasion of positive
duty or a virtual refusal to perform a
duty enjoined by law, or to act at all
in contemplation of law, as where
the power is exercised in an arbitrary
and despotic manner by reason of
passion or hostility (Intestate Estate
of Carmen de Luna v. IAC, 170
SCRA 246).
When
the
judiciary
allocates constitutional
boundaries, it neither
asserts
superiority
nor nullifies an act of
the Legislature. It only
asserts the solemn and
sacred
obligation
assigned to it by the
Constitution to determine
conflicting
claims
of
authority
under
the
Constitution
and
to
establish for the parties
in an actual controversy
the rights which that
instrument secures and
guarantees
to
them.
P O L I T I C A L
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D. Justiciable vs. Political Question

JUSTICIABLE
QUESTION
POLITICAL
QUESTION
A
definite
and
concrete
dispute
touching on the
legal relations of
parties
having
adverse
legal
interests which may
be resolved by a
court of law through
the application of a
law.
Those
questions
which, under the
Constitution, are to
be decided by the
people in their
sovereign capacity;
or in regard to
which
full
discretionary
authority has been
delegated to the
legislature
or
executive branches
of government.
F. Functions of Judicial Review

1. Checking invalidating a law or
executive act that is found to be contrary
to the Constitution;
2. Legitimating upholding the validity of
the law that results from a mere
dismissal of a case challenging the
validity of the law;
Rule
on
double
negative uses the term
not
unconstitutional;
the court cannot declare a
law
constitutional
because it already enjoys
a
presumption
of
constitutionality.
Symbolic to educate
the bench and bar as to
the controlling principles
and concepts on matters
of
grave
public
importance
for
the
guidance of and restraint
upon the future.(Salonga
v. Cruz Pao, 134 SCRA
438)
The
Constitution
contemplates that the
inferior courts should
have jurisdiction in cases
L A W
involving constitutionality of any

treaty or law for Sec. 5 (2), Art.
VIII speaks of appellate review
of final judgments of inferior
courts in cases where such
constitutionality happens to be
in issue. (J.M. Tuason and Co. v.
Court of Appeals, 3 SCRA 696).
G.
Effect
of
Unconstitutionality
Declaration
of
1. Law is void if on its face it does not enjoy any

presumption of validity because it is patently
offensive to the Constitution. It produces not
effect, creates no office and imposes no duty.
(Igot v. Comelec, 95 SCRA 392)
2. Law is voidable if on its face it enjoys the
presumption of constitutionality. The laws
become inoperative only upon the judicial
declaration of its invalidity; the declaration
produces no retroactive effect. (Serrano de
Agbayani v. PNB, 38 SCRA 429)
H. Requisites for Declaration of Partial
Unconstitutionality
1. Legislature must be willing to retain valid
portion (separability clause);
2. Valid portion can stand independently as law.
Article IX - CONSTITUTIONAL
COMMISSIONS
A. Independent Constitutional Commissions
1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit
B. Prohibitions and Inhibitions
1. They cannot hold any other office or
employment
2. They cannot engage in the practice of any
profession
3. They cannot engage in the active management
and control of any business which in any way
may be affected by the functions of his office
4. They cannot be financially interested, directly or
indirectly, in any contract with, or in any
franchise or privilege granted by the
Government, any of its subdivisions, agencies or
instrumentalities, including government-owned
P O L I T I C A L
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and controlled corporations or their

subsidiaries.
C. CIVIL SERVICE COMMISSION
(Art. IX-B)
1. Composition
1 chairman
2 commissioners
2. Qualifications
b. At least 35 years old at the time of
appointment
c. With proven capacity for public
administration
d. Not a candidate in any election
immediately
preceding
the
appointment.
3. Term
I N
P O L I T I C A L
f. Personnel of GOCCs with original charter

g. Permanent laborers, whether skilled, semiskilled or unskilled
6. Kinds of Non-Career Service
a. Elective officials and their personal and
confidential staff
b. Department heads and officials of cabinet
rank, and their personal and confidential
staff
c. Chairmen and members of commissions
and boards with fixed terms of office and
their personal and confidential staff
d. Contractual personnel or those whose
employment in government is in accordance
with special contract for specific work
e. Emergency and seasonal personnel.
Policy Determining lays down
principal or fundamental guidelines
or rules; formulates method of
action.
7 years without reappointment.

4. Classes of Service
a. Career service characterized by:
i. Entrance based on merit and
fitness to be determined by
competitive examination or
based on highly technical
qualifications.
ii. Opportunity
for
advancement;
iii. Security of tenure
b. Non-career
Service
characterized by:
i. Entrance on bases other than
those of usual tests utilized
for career service.
ii. Tenure limited to period.
L A W
Primarily
Confidential
primarily close intimacy which

insures freedom of intercourse
without embarrassment of freedom
from misgivings or betrayals on
confidential matters of state; or one
declared to be so by President upon
recommendations of CSC
Highly Technical requires
possession of technical skill or
training in supreme or superior
degree. (De los Santos v. Mallare, 87
Phil 289)
D. COMMISSION ON ELECTION (Art. IX-C)
1. Composition
5. Kinds of Career Service

a. Open career positions prior
qualification via examination
b. Closed career positions e.g.,
scientific or highly technical
c. Career executive service e.g.,
Undersecretaries, Bureau Directors
d. Career officers appointed by
President, e.g., foreign service
e. Positions in AFP, governed by
separate merit system
1 chairman
6 commissioners
2. Qualifications
appointment
c. College degree holder
d. Not candidate in election immediately
preceding the appointment
e. Majority, including the chairman, must be
members of the Philippine Bar who have
P O L I T I C A L
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been engaged in the practice of law

for at least 10 years
3. Term
of each election, plebiscite,

referendum or recall.
initiative,
E. COMMISSION ON AUDIT (Art. IX-D)
1. Composition
1 chairman;
2 commissioners.
4. Powers and Functions of COMELEC

i.
L A W
Enforce and administer law and

regulations relative to conduct of
elections,
plebiscite,
initiative,
referendum or recall
ii. Exclusive original jurisdiction over
all contests relating to election,
returns and qualifications of all
elective regional, provincial, and city
officials
iii. Exclusive appellate jurisdiction over
all contests involving elective
municipal officials decided by RTC,
or involving elective barangay
officials by MTC
iv. Decide, except those involving right
to vote, all questions affecting
elections,
including
the
determination of number and
location
of
polling
places,
appointment of election officials and
inspectors and registration of voters
v. Deputize, with concurrence of
President, law enforcement agencies
and instrumentalities for exclusive
purpose of insuring free, orderly,
honest, peaceful and credible
elections
vi. Register, after sufficient publication,
political parties, organizations or
coalitions which must present their
platform or program of government;
accredit citizens arms
vii. File upon verified complaint or motu
propio
petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate ,
prosecute cases of violations of
elections laws
viii.Recommend to Congress effective
measures to minimize election
spending, limitation of places and
prevent and penalize all forms of
election frauds, offenses, malpractice
and nuisance candidates
ix. Submit to President and Congress,
comprehensive reports on conduct
2. Qualifications
appointment
c. CPAs with at least 10 years auditing
experience or members of the Bar with at
least 10 years practice of law; at no time
shall all members belong to the same
profession
d. Not a candidate in election immediately
preceding appointment.
3.Term
4. Powers and Duties of COA

a. Examine, audit and settle all accounts
pertaining to revenue and receipts of, and
expenditures or uses of funds and property
owned or held in trust or pertaining to
government
b. Keep general accounts of government and
preserve vouchers and supporting papers
c. Authority to define scope of its audit and
examination, establish techniques and
methods required therefor
d. Promulgate accounting and auditing rules
and regulations, including those for
prevention and disallowance.
Article XII - NATIONAL ECONOMY AND
PATRIMONY
A. GOALS OF THE NATIONAL ECONOMY
(Art. XII, Sec. 1)
1. More equitable distribution of wealth
2. Increased wealth for the benefit of the
people
3. Increased productivity
P O L I T I C A L
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B. REGALIAN DOCTRINE (Art. XII,

Sec. 2)
All lands of the public
domain,
waters,
minerals, coal, petroleum
and other mineral oils, all
forces of potential energy,
fisheries,
forests,
or
timber, wildlife, flora and
fauna,
and
natural
resources belong to the
state. With the exception
of agricultural lands, all
other natural resources
shall not be alienated.
Universal feudal theory
that all lands were held
from the Crown. (Cario
v. Insular Government,
212 US 449)
Exception--Any land in
the possession of an
occupant and of his
predecessors-in-interest
since time immemorial.
(Oh Cho v. Director of
Lands, 75 Phil 890)
I N
P O L I T I C A L
a. Co-production, joint venture or production

sharing
agreement
for
exploration,
development and utilization of natural
resources: Filipino citizens or entities (read:
corporations or associations) with 60%
Filipino capitalization
b. Use and enjoyment of nations marine
wealth within territory: Exclusively for
Filipino citizens
c. Alienable lands of the public domain: Only
Filipino citizens may acquire not more than
12 hectares by purchase, homestead or
grant, or lease not more than 500 hectares.
Private corporations may lease not more
than 1,000 hectares for 25 years renewable
for another 25 years
d. Certain areas of investment: reserved for
Filipino citizens or entities with 60 % FC,
although Congress may provide for higher
percentage
e. Grant of rights, privileges and concessions
covering national economy and patrimony,
State shall give preference to qualified
Filipinos
f. Franchise, certificate or any other form of
authorization for the operation of a public
utility: only to Filipino citizens or entities
with 60% FC
Such franchise, etc., shall not be
exclusive, nor for period longer
than 50 years and subject to
amendment, alteration or repeal
by Congress; all executive and
managing officers must be
Filipino citizens.
C. Lands of the Public Domain (Art.

XII, Sec. 3)
a. Agricultural
b. Forest timber
c. Mineral lands
d. parks
E. Acquisition
Sec. 7)
Positive
act
of
government is required
for reclassification or
conversion of lands of
public domain; mere
issuance of title not
enough.(Laurel
vs,
Garcia)
D.
Filipinization
of
Activities
Regarding the National Economy and
Patrimony
L A W
of Private Lands (Art. XII,
gen. rule:No private land shall be transferred or

conveyed except to individual, corporations or
associations qualified to acquire or hold lands of
the public domain.
Exceptions:
1. Foreigners who inherit through intestate
succession
2. Former natural-born Filipino citizen may be
a transferee of private lands subject to
limitations provided by law
3. Ownership in condominium units
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an exercise of police power. But the

taking of private lands for redistribution
is an exercise of the power of eminent
domain revolutionary in character in
that it affects all private agricultural
lands wherever found and of whatever
kind as long as they are in excess of the
maximum retention limits allowed their
owners. This kind of expropriation is
intended for the benefit not only of a
particular community or of a small
segment of the population but of the
entire Filipino nation, from all levels of
our society, from the impoverished
farmer to the land-glutted owner. Its
purpose does not cover only the whole
territory of this country but goes beyond
in time to the foreseeable future, which
it hopes to secure and edify with the
visions and the sacrifice of the present
generation of Filipinos. (Association of
Small Landowners v. Secretary of
Agrarian Reform, GR 78742, 79744,
79777, July 14, 1989).
4. Parity right agreement, under the

1935 Constitution
Stewardship Doctrine
Private property is supposed
to be held by the individual
only as a trustee for the
people in general, who are its
real owners.
Article XIII - SOCIAL JUSTICE AND
HUMAN RIGHTS
A. LABOR (Art. XIII, Sec. 3)
1. Rights that are guaranteed:
a. self-organization
b. collective
bargaining
and
negotiations
c. peaceful concerted activities
2. Elements of a healthy labor atmosphere
which the state is commanded to promote:
a. the
principle
of
shared
responsibility between workers
and employers
b. the preferential use of voluntary
modes in settling disputes,
including conciliation
c. enforce their mutual compliance
therewith to foster industrial
peace
Agricultural land does not include

those devoted to the raising of
livestock, poultry and swine in the
coverage of CARL. (Luz Farms v.
Secretary of Agrarian Reform, GR
No. 86889, December 4, 1990).
C. Health (Art. XIII, Sec. 11, 12, and 13)
B. Agrarian and Natural Resources

Reform. Art. XIII, Secs. 4, 5, 6, 7 and
8)
The Philippines is party to the

Universal Declaration of Human
Rights and the Alma Conference
Declaration of 1978 which recognize
health as a fundamental human
right.
1. Aims of Agrarian Reform

a. Efficient production
b. More equitable distribution of land
which recognizes the right of farmers
and regular frameworkers who are
landless to own the land they till
c. Just share of other or seasonal
farmworkers in the fruits of the land
2. The Comprehensive Agrarian Reform
Law (RA 6657) implements the agrarian
reform provisions of the Constitution.
a. Scope-- CARL (RA 6657) is an
exercise both of police power and
of eminent domain. The extent
that it sets retention limits, it is
L A W
Health - is the state of complete

physical, mental and social wellbeing, and not merely the absence of
disease or infirmity.
Generics Law is adopted as an
effort in the direction of making
affordable
health
measures
available. (Del Rosario v. Bengzon,
G.R. No 88265, December 21, 1989).
D. Women (Art. XIII, Sec. 14)
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By reason of the fragile

physical
structure
and
maternal
functions
of
women, the Constitution
gives special concern to
working
women
and
expressly mandates the State
to protect them.
I N
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L A W
needs of
society
people
and
2. Language refers to the words, their

pronunciation, and the methods of combining them
used and understood by a considerable community
and established by long usage.
3. Dialect is a variant of a language, especially
one restricted to a limited area.
E. PEOPLES ORGANIZATION (Art.

XIII, Secs. 15 and 16)
Filipino is the language

consisting of a fusion of the various
existing Philippine languages.
Peoples organizations
are bona fide association of
citizens with demonstrated
capacity to promote the
public interest and with
identifiable
leadership,
membership and structure.
Article XIV - EDUCATION, SCIENCE

AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS (estacs)
Official language the prescribed

medium of communication for all
official acts of or transactions with
the various departments and
agencies of the government.
4. Science comes from the Latin word to know
and it means orderly knowledge obtained and
tested through careful and systematized search and
study of facts, especially facts found by observing
the ways of nature.
A. Definition
5. Technology is applied science. It is the

application of scientific knowledge to practical
purposes in a particular field.
1. Education may refer to the process of

training the physical, mental and/or moral
faculties of an individual. The purpose of
education is to provide an individual with
knowledge, skill, competence or usually,
desirable qualities of behavior and character
to render him fit for the duties of life.
6. Arts the branch of learning which involves the

application of skill and taste to production
according to aesthetic principles; the conscious use
of skill, taste and creative imagination in the
practical definition or production of beauty.
Characteristics
Educational System the
State Must Promote and
Protect
a. Quality education
education that
is
of
high
academic
standards
b. Affordable
education
education that is
financially within
the reach not just
of the wealthy
c. Education that is
relevant to the
7. Culture refers to all those things which go to

the refining and developing of mans diverse mental
and physical endowments. It encompasses all the
ways of living of a group of people such as customs,
traditions, beliefs, values, artistic expression and
language.
8. National cultural treasure a unique object
found locally, possession outstanding historical,
cultural, artistic and/or scientific value which is
highly significant and important to this country and
nation.
9. Sports is a general term applied to both
indoor and outdoor games requiring physical
prowess or mental skill or both, usually competitive
in nature.
P O L I T I C A L
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registered voters, of which every legislative

district must be represented by at least 3%
of the registered voters therein
Article XV - THE FAMILY

A. Definition
No amendment in this manner shall

be authorized within 5 years
following the ratification of this
Constitution (February 2, 1987) or
more often than once every 5 years.
Family - is a group of persons united

together by ties of marriage and blood. In a
very restricted sense, it is applied to the
group formed by the spouses and their
children.
Republic Act No. 6735 (System of

Initiative and Referendum) does not
authorize a system of initiative to
amend the Constitution. The law was
deemed sufficient to cover only the
systems of initiative on national and
local legislation because:
B. Importance of the Family to the

State
1.Basic social institution
2.Communitys first socializing agency
Article XVII - PROCEDURE IN
AMENDING THE CONSTITUTION
i. Sec. 2 on the Statement of

Policies of the Act does not
suggest an initiative on the
Amendments
to
the
Constitution;
ii. Sec. 5 of the Act does not
provide for the contents of
the provision for initiative on
the Constitution;
iii. That the Act does not provide
a sub-title for initiative on
the
Constitution
simply
means that the main thrust
of the Act is initiative and
referendum on National and
Local
Laws.
(DefensorSantiago v. Comelec, GR No.
127325, March 17, 1997).
A. Steps in Amendatory Process

1. By Proposal
a. Congress acting as Constituent
Assembly
Direct proposal vote of of
all its members(3/4
of the
Senate and 3/4 of the House of
Representative)
ii. Constitutional convention
called either by 2/3 vote of all the
members of the Congress or by a
majority vote of all the members
of Congress, with the question of
whether or not to call a
constitutional convention to be
resolved by the people in a
plebiscite.
i.
If Congress, acting as a
Constituent Assembly, omits
to
provide
for
the
implementing
details,
Congress,
acting
as
a
Legislative Assembly this
time, can enact the necessary
implementing legislation to
fill in the gaps.(Imbong v.
Ferrer, G.R. No. L-32432.
September 11, 1970).
2. Ratification
Proposed amendment(s) shall be
submitted to the people and shall be
deemed ratified by majority of the
votes cast in a plebiscite, held not
earlier than 60 days nor later than
90 days, after approval of the
proposal by Congress or Con-Con, or
after certification by the COMELEC
of sufficiency of petition of the
people.
Doctrine of Proper Submission
plebiscite may be held on the same
day as regular election provided the
people are sufficiently informed of
the amendments to be voted upon,
b. Peoples Initiative by a petition

of at least 12% of the total number of
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to conscientiously deliberate
thereon, to express their will
in a genuine manner.
Submission of piece-meal
amendments
is
unconstitutional. All the
amendments
must
be
submitted for ratification at
one plebiscite only. The
people have to be given a
proper frame of reference in
arriving at their decision.
They have no idea yet of what
the rest of the amended
constitution
would
be.
(Tolentino v. Comelec, G.R.
No. L-34150. October 16,
1971).
Questions as to amendments are now
subject to Judicial review. (Sanidad v.
Comelec, 78 SCRA 332)
C. Amendment vs. Revision
AMENDMENT
REVISION
Alteration of one
or a few specific
and
isolated
provisions of the
Constitution
Reexamination
of
the
entire
Constitution or an
important cluster of
provisions in the
Constitution
ADMINISTRATIVE LAW
ADMINISTRATIVE LAW- is that branch
of public law which fixes the organization
and determines the competence of
administrative authorities who execute the
law and indicates to the individual remedies
for the violations of his rights.
Kinds of Administrative Law (cord):
-Constitutional or statutory enactments
creating administrative bodies.
-Orders, decisions and determinations of
such administrative authorities made in the
settlement of controversies arising in their
particular fields
-Rules, regulations or orders of such
administrative authorities promulgated
I N
P O L I T I C A L
L A W
pursuant to the purposes for which they were

created
-Decisions and body of doctrines dealing with the
creation, operation and effect of determinations
and regulations of such administrative authorities.
ADMINISTRATIVE POWER - concerned with
the work of applying policies and enforcing orders
as determined by proper governmental organs. It
enables the President to fix a uniform standard of
administrative efficiency and check the official
conduct of his agents. To this end, he can issue
administrative orders, rules and regulations.
An agency organized as a stock or non-stock
corporation vested with functions related to public
needs whether governmental or proprietary in
nature, and owned by the government directly or
through its instrumentality, either wholly or, as in
the case of stock corporations, to the extent of at
least 51% of its capital stock is a GOVERNMENTOWNED OR CONTROLLED CORPORATION.
BUREAU- is any principal subdivision of a
department performing a single major function.
ADMINISTRATIVE BODIES- organ of govt,
other than a court and legislature, which affects the
rights of private parties either through adjudication
or rule-making.
Types of Administrative Bodies
Those set up:
1. to offer some gratuity, grant or special
privileges (Phil Veterans Administration)
2. to carry on certain the actual business of
government (bureau of customs)
3. to perform some business service for the
public (Bureau of Post)
4. to regulate the business affected with public
interest (LTFRB)
5. to regulate private business and individuals
under the police power (SEC)
6. to adjust individual controversies because of
some strong social policy involved (NLRC)
7. to make the government a private party
(GSIS)
POWERS OF THE ADMINISTRATIVE
BODIES
1. Quasi-legislative
power
or
rule
making
power
(or
power
of
subordinate legislation) - is the
authority to fix the details in the execution
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or enforcement of a policy set out in

the law itself.
Requisites for validity:
a. Issued under authority of law
b. Within the scope and purview of the law
c. Reasonable
d. Publication (Exceptions: interpretative
rules and regulations, or those merely
internal in nature, or the so-called letters of
instruction issued by administrative
superiors concerning the rules and
guidelines to be followed by their
subordinated.)
e. Notice and hearing.
(General rule: not required
Exceptions:
i.
An administrative rule in the
nature of subordinate legislation
is designed to implement law by
providing its details, and before
it is adopted there must be a
hearing
under
the
Administrative Code of 1987.
(CIR v. CA, 261 SCRA 236)
ii.
As regards rates prescribed by an
administrative agency in the
exercise of its quasi-judicial
function, prior notice and
hearing are essential to the
validity of such rates. (Phil.
Consumers Foundation v. DECS
Secretary, 153 SCRA 622)
iii.
The regulation is a settlement of
a controversy between specific
parties;
considered as
an
administrative adjudication.)
Administrative rules with PENAL
SANCTIONS
Addl requisites:
a. The law must itself declare as punishable
the violation of the administrative rule or
regulation.
b. The law should define or fix the penalty
for the violation of the administrative rule
or regulation.
I N
P O L I T I C A L
L A W
Two Necessary Conditions

1. due process
2. jurisdiction
Administrative Due Process; requisites:
1. Right to hearing
2. Tribunal must consider evidence
presented
3. Decision must have something to
support itself
4. Evidence must be based on evidence
adduced at hearing or at least contained
in the record and disclosed to parties
5. Evidence must be substantial
6. The Board or its judges must act on its
or their independent consideration of
facts and law of the case, and not simply
accept the views of subordinate in
arriving at a decision
7. Decision must be rendered in such a
manner that parties to the controversy
can know various issues involved and
reasons for the decision rendered. (Ang
Tibay v. CIR, 69 Phil 635)
Substantial Evidence relevant evidence as a
reasonable mind might accept as adequate to
support a conclusion.
When Notice and Hearing NOT Necessary
1. summary proceedings of distraint and levy
upon property of delinquent taxpayer
2. grant of provisional authority for increased
rates, or to engage in particular line of
business
3. cancellation of passport where no abuse of
discretion is committed
4. summary abatement of nuisance per se
which affects the immediate safety of
persons or property
[5. Preventive suspension of officer or
employee pending investigation
6. Grant or revocation of licenses for permits to
operate certain business affecting public order
or morals]
3.
2. Quasi-judicial or adjudicatory
power- proceedings partake of
nature of judicial proceedings.
Administrative
body
granted
authority to promulgate its own
rules of procedure.
P O L I T I C A L
Determinative powers- the power to

apply compulsion or force against persons
or property to effectuate a legal purpose
without a judicial warrant to authorize such
action.
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3a. enabling permit or allow something

which the law undertakes to regulate, e.g.
grant or denial of licenses to engage in a
particular business.
3b. directing illustrated by the power of
assessment of the BIR or the Bureau of
Customs.
3c. dispensing to exempt from a general
prohibition, or relieve an individual or
corporation from an affirmative duty, e.g.
authority of zoning boards to vary
provisions of zoning ordinances or the
authority of the Acceptance Board of the
Philippine Army to relieve certain persons
from military training.
3d. examining (investigatory power)
consists in requiring production of books,
papers, etc., the attendance of witnesses and
compelling their testimony.
3e. summary apply compulsion or force
against persons or property to effectuate a
legal purpose without a judicial warrant to
authorize such action, e.g. in the fields of
health inspections, abatement of nuisances,
etc.
Kinds of Administrative Rules or
Regulations
1. Legislative - regulations accorded
by the courts or express provision of
the statute the force and effect of law
immediately upon going into effect.
The nature of this is subordinate
legislation designed to implement a
primary legislation by providing
details.
Two Kinds of Legislative Regulations
a. Supplementary - these are intended to
fill the details of the law and to make
explicit what is only general (e.g., Rules
and Regulations Implementing the
Labor Code)
b. Contingent- they are rules and
regulations made by an administrative
authority on the existence of certain facts or
things upon which the enforcement of the
law depends. (Cruz v. Youngberg, 56 Phil
234)
2. Interpretative - regulations issued
by the administrative body as an
incident of its power to enforce the
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law intended to clarify its provisions for

proper observance by the people. The
administrative agency is merely anticipating
what ultimately must be done by the courts.
They are performing a judicial rather than
legislative function. (e.g., BIR Circulars, CB
Circulars)
REQUISITES OF A VALID
ADMINISTRATIVE REGULATION
1. The promulgation must be authorized by
the legislative by the charter of the
administrative bodies or by the law it is
supposed to enforce
Where law has set up the regulatory system. It is
beyond the power of an administrative agency to
dismantle it. Any change in policy must be made
by the legislative department.(Association of
Philippine Desiccators v. Phil. Coconut
Authority, GR. No. 110526, February 10, 1998)
2. It must be within the scope of authority
given by the legislature
Administrative bodies cannot, in the exercise of
its rule-making power, issue a regulation not
consistent with law it seeks to enforce and
administer. Administrative issuances must not
override, supplant or modify the law. (Romulo
Mabanta v. HDMF, June 19, 2000)
3. Promulgation must be in accordance with
the prescribed procedure (publication)
Publication, except in cases of interpretative
rules and regulations or those merely internal in
nature or the so-called letter of instruction
issued by administrative superiors concerning
the rules and guidelines to be followed by their
subordinates in the performance of their duties.
It must be full or it is no publication at all.
(Tanada v. Tuvera, 146 SCRA 446)
4. The regulation must be reasonable.
PRINCIPLES TO BE OBSERVED IN
ADMINISTRATIVE PROCEEDING
1.Right to a hearing. This includes the right of
the party interested or affected to present
his own case and submit evidence.
2.The tribunal must consider the evidence
presented.
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3.Tribunal must have something to

support its decisions.
4.The evidence must be substantial.
5.The decision must be rendered on the
evidence presented at the hearing or
contained in the record and
disclosed to the parties.
6.The tribunal must act on its own
independent consideration of the
law and facts.
7.The decision must be rendered in such
a manner that the parties to the
proceeding can know the various
issues involved and the reasons for
the decisions rendered
DOCTRINE OF FINALITY OF
ADMINISTRATIVE ACTION
No resort to the courts will be allowed
unless the administrative action has been
completed and there is nothing left to be
done in the administrative structure.
DOCTRINE OF PRIOR RESORT or
PRIMARY ADMINISTRATIVE
JURISDICTION
Where there is competence vested upon
an administrative body to act upon a
matter, no resort to the courts may be
made before such administrative body
shall have acted upon the matter. (It
applies where a case is within the
concurrent jurisdiction of the court and
an administrative agency but the
determination of the case requires the
technical expertise of the administrative
agency)
DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever there is an available
administrative remedy provided by law,
no judicial recourse can be made until all
such remedies have been availed of and
exhausted. It applies where a claim is
cognizable in the first instance by an
administrative agency alone. [Failure to
exhaust administrative remedies does
not affect the jurisdiction of the courts
but the complainant is deprived of a
cause of action, which is a ground for
motion to dismiss. However, when no
motion to dismiss was filed on this
ground, it is deemed to have been
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waived. (Eastern Shipping vs. POEA, 166 SCRA

533)]
EXCEPTIONS TO THE DOCTRINE OF
EXHAUSTION OF ADMINISTRATIVE
REMEDIES
1. The question involved is purely legal
2. The administrative body is in estoppel
3. The act complained of is patently illegal
4. There is an urgent need for judicial
intervention
5. The claim involved is small
6. Grave and irreparable injury will be suffered
7. There is no other plain, speedy and
adequate remedy
8. Strong public interest is involved
9. The subject of the controversy is private law
10. The case involves a quo warranto
proceeding
11. The party was denied due process
12. The decision is that of a department
Secretary
13. Resort to administrative remedies would be
futile
14. There is unreasonable delay
15. The action involves recovery of physical
possession of public land
16. The party is poor
17. The law provides for immediate resort to the
court
DOCTRINE OF QUALIFIED POLITICAL
AGENCY or ALTER EGO DOCTRINE
The heads of the various executive departments are
agents of the Chief Executive, and, except in cases
where the Chief Executive is required by the
Constitution or law to act in person or the
exigencies of the situation demand that he act
personally, the multifarious executive and
administrative functions of the Chief executive are
performed by and through the executive
departments, and the acts of the secretaries of such
departments, performed and promulgated in the
regular course of business are, unless reprobated by
the Chief Executive, presumptively the acts of the
Chef Executive.
JUDICIAL REVIEW OF ADMINISTRATIVE
DECISIONS
As a general rule, findings of facts of administrative
agencies accorded great weight by the courts.
Exceptions:
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1. factual findings not supported by

evidence
2. findings are vitiated by fraud,
imposition or collusion
3. procedure which led to factual
findings is irregular
4. palpable errors are committed
5. grave abuse of discretion
arbitrariness or capriciousness is
manifest
Court of Appeals, and all other courts or

tribunals in all civil actions and special
proceedings in which the Government or
any officer thereof in his official capacity is a
party.
(2) Investigate, initiate court action, or in
any manner proceed against any person,
corporation or firm for the enforcement of
any contract, bond, guarantee, mortgage,
pledge or other collateral executed in favor
of the Government. Where proceedings are
to be conducted outside of the Philippines
the Solicitor General may employ counsel to
assist
in
the
discharge
of
the
aforementioned responsibilities.
Conditions for Ripeness for Judicial

Review of an Administrative Action
1. The administrative action has
already been fully completed and,
therefore, is a final agency action;
and
2. All administrative remedies have
been exhausted.
(3) Appear in any court in any action

involving the validity of any treaty, law,
executive order or proclamation, rule or
regulation when in his judgment his
intervention is necessary or when requested
by the Court.
Office of the Government Corporate

Counsel. - shall act as the principal law
office of all government-owned or
controlled corporations, their subsidiaries,
other corporate off-springs and government
acquired asset corporations and shall
exercise control and supervision over all
legal departments or divisions maintained
separately and such powers and functions as
are now or may hereafter be provided by
law.
(4) Appear in all proceedings involving

the acquisition or loss of Philippine
citizenship.
(5) Represent the Government in all land
registration and related proceedings
(6) Prepare, upon request of the President
or other proper officer of the National
Government, rules and guidelines for
government
entities
governing
the
preparation of contracts, making of
investments, undertaking of transactions,
and drafting of forms or other writings
needed for official use, with the end in view
of facilitating their enforcement and
insuring that they are entered into or
prepared conformably with law and for the
best interests of the public.
The Office of the Solicitor General

shall represent the Government of the
Philippines,
its
agencies
and
instrumentalities and its officials and agents
in any litigation, proceeding, investigation
or matter requiring the services of lawyers.
When authorized by the President or head
of the office concerned, it shall also
represent government-owned or controlled
corporations. The Office of the Solicitor
General shall constitute the law office of the
Government and, as such, shall discharge
duties requiring the services of lawyers. It
shall have the following specific powers and
functions:
(1) Represent the Government in
the Supreme Court and the Court of
Appeals in all criminal proceedings;
represent the Government and its
officers in the Supreme Court, the
L A W
(7) Act and represent the Republic and/or

the people before any court, tribunal, body
or commission in any matter, action or
proceeding which, in his opinion, affects the
welfare of the people as the ends of justice
may require;
Acts of the President providing for rules of a
general or permanent character in implementation
or execution of constitutional or statutory powers
shall be promulgated in executive orders.
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Acts of the President which relate to

particular
aspect
of
governmental
operations in pursuance of his duties as
administrative head shall be promulgated in
administrative orders.
Proclamations - Acts of the President
fixing a date or declaring a status or
condition of public moment or interest,
upon the existence of which the operation of
a specific law or regulation is made to
depend,
shall
be
promulgated
in
proclamations which shall have the force of
an executive order.
Memorandum Orders - Acts of the
President on matters of administrative
detail or of subordinate or temporary
interest which only concern a particular
officer or office of the Government shall be
embodied in memorandum orders.
Acts of the President on matters relating to
internal administration, which the President
desires to bring to the attention of all or
some of the departments, agencies, bureaus
or offices of the Government, for
information or compliance, shall be
embodied in memorandum circulars.
General or Special Orders - Acts and
commands of the President in his capacity
as Commander-in-Chief of the Armed
Forces of the Philippines shall be issued as
general
or
special order.
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2. Possess a delegation of a portion of the

sovereign powers of government to be
exercised for the benefit of the public.
3. Powers conferred and duties imposed must
be defined, directly or impliedly, by the
legislature or by legislative authority.
4. Duties must be performed independently
without control of a superior power other
than the law, unless they be those of an
inferior or subordinate office created or
authorized by the legislature and placed
under the general control of a superior
office or body
5. Must have permanence or continuity.
How Created
1. By the Constitution (e.g., Office of the
President)
2. By statute (Office of the Insurance
Commissioner)
3. By authority of law (the Davide
Commission)
Who is a Public Officer?
1. a person who holds a public office
2. a person whose duties, not being clerical or
manual in nature, involve the exercise of
discretion in the performance of the
functions of the government
Classifications of Public Officers
1. According to Scope of Powers
THE LAW ON
PUBLIC OFFICERS
PUBLIC OFFICE- right, authority, and

duty created and conferred by law, by which
for a given period, either fixed by law or
enduring at the pleasure of the appointing
power, an individual is invested with some
portion of the sovereign functions of the
government to be exercised by him for the
benefit of the public.
Elements
DISCRETIONARY
When the power
vested requires the
exercise of reason
and discretion in
determining how or
whether the act shall
be done or the
course pursued.
MINISTERIAL
When the power
vested is absolute,
certain, and
imperative
involving merely
execution of a
specific duty
arising from fixed
and designated
facts.
Mandamus will not

lie to compel the
performance of a
discretionary power
The exercise of
ministerial powers
may be compelled
thru an action for
mandamus
1. Created by law or by authority of

law.
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appointment or election that

is unknown to the public, or
iii. Appointment is pursuant to
an unconstitutional law prior
to its declaration as such.
Judgment- is a judicial function, the

determination of a question of law.
Discretion- the faculty conferred upon a
court or other officer by which he may
decide the question either way and still be
right.
L A W
Legal Effects of Acts of De Facto Public

Officers
2. According to Right to Office

DE
FACTO
One who
has the
reputation
of being
the officer
he
assumed to
be and yet
is not a
good
officer in
point of
law.
DE JURE
USURPER
One who has

the lawful
right to the
office in all
respects, but
who has
either been
ousted from
it, or who
has never
actually
taken
possession of
it. When the
officer de
jure is also
the officer de
facto, the
lawful title
and
possession
are united.
One who
takes
possession of
the office
and
undertakes
to act
officially
without any
color of right
or authority,
either actual
or apparent.
The acts of the de facto PO, insofar as they affect

the public, are valid, binding and with full
legal effect.
Entitlement to Salaries
As a general rule, the rightful incumbent of a
public office (de jure officer) may recover from
the officer de facto the salary received by the
latter during the time of his wrongful tenure.
Exception: If there is no de jure officer, de facto
officer shall be entitled to the salaries prescribed
by law for the given office during the period
when he actually discharged the functions of
said office.
ELIGIBILITY & QUALIFICATION
Elements
1. validly existing public office
2. actual physical possession of said
office
3. color of title to the office as in any of
the following cases:
a. By reputation or
acquiescence, or
b. Under a known and valid
appointment BUT
i. PO failed to conform
to a requirement
imposed by law
ii. Appointment is void
due to ineligibility of
PO, want of authority
of appointing or
electing authority or
irregularity
ELIGIBILITY - the endowments, qualities or

attributes which make an individual eligible for
public office; state or quality of being legally fitted
or qualified to be chosen.
Property qualifications may NOT be imposed
for the exercise of the right to run for public
office.
LOSS of any of the qualifications during
incumbency is a ground for termination.
QUALIFICATION the act of entering into the
performance of the functions of a public office; the
act which a person, before entering upon the
performance of his duties, is by law required to do.
- OATH OF OFFICE is a qualifying
requirement for public office.
Authority to Prescribe Qualifications
a. when prescribed by the Constitution
Gen Rule:
The
qualifications
are
exclusive.
Exception:
Constitution itself provides
otherwise.
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b. when the office is created by statute

Gen Rule:Congress
has
plenary
power to prescribe the qualifications
But: the qualifications must be
a. germane to the objective
of the public office, and
b. not too specific to fit a
particular individual.
General Disqualifications under the
Constitution
1. CANDIDATES-REJECT - No candidate
who has lost in any election shall, within
one year after such election, be
appointed to any office in the
Government or any government owned
or controlled corporations or in any of
their subsidiaries. (Art. IX B, Section 6)
2. ELECTIVE OFFICIALS No elective
official shall be eligible for appointment
or designation in any capacity to any
public office or position during his
tenure (Art IX B, Section 7, Par 1)
Exceptions:
i.
Vice-president may be
appointed member of
the Cabinet.
ii.
A member of congress
may be designated to sit
in the Judicial and Bar
Council.
Members of
Congress
Not prohibited
from accepting
appointment,
however, it shall
cause to the
forfeiture of their
congressional seat.
Other elective
officials other
than members
of the Congress
If the elective
official accepts an
appointment
without first
resigning his
elective position,
the appointment
is invalid.
Neither, however,
does he thereby
forfeit his elective
seat.
(Flores,et al v.
Drilon and
Gordon 42 SCAD
586)
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3. APPOINTIVE OFFICIALS No appointive

official shall hold any other position in the
Government unless otherwise allowed by law or
by the primary functions of his position (Art IX
B, Section 7, Par 2)
Appointments in the Civil Service
General Rule: Shall be made only according to
merit and fitness to be determined, as far as
practicable, by competitive examinations.
Exceptions:No requirement of competitive
examinations as to appointments made to
positions which are
a. policy determining- in which the officer lays
down principal or fundamental guidelines or rules
(e.g., department head)
b. primarily confidential- denoting not only
confidence in the aptitude of the appointee for the
duties of the office but primarily close intimacy
which ensures freedom of intercourse without
embarrassment or freedom from misgivings or
betrayals on confidential matters of state; or one
declared to be so by the President upon the
recommendation of the CSC.
c. highly technical- requires possession of technical
skill or training in a supreme or superior degree
Personnel Actions
1.Promotion is a movement from one
position to another with increase in duties
and responsibilities as authorized by law
and usually accompanied by an increase in
pay.
2.Appointment through Certification is
issued to a person who has been selected
from a list of qualified persons certified by
the Civil Service Commission from an
appropriate register of eligibles, and who
meets all the qualifications prescribed for
the position.
3.Transfer is a movement from one position
to another which is of equivalent rank, level,
or salary without break in service. It may be
imposed as an administrative penalty. A
transfer that results in promotion or
demotion cannot be done without the
employees consent, for that would
constitute removal from office. No
permanent transfer can take place unless
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the officer or employee is first

removed from the position held and
then appointed to another position.
4.Reinstatement any person who
has been permanently appointed to a
position in the career service and
who has, through no delinquency or
misconduct,
been
separated
therefrom, may be reinstated to a
position in the same level for which
he is qualified.
5.Detail is the movement of an
employee from one agency to
another without the issuance of an
appointment, and shall be allowed
only for a limited period in the case
of
employees
occupying
professional, technical and scientific
positions. It is temporary in nature.
6.Reassignment an employee may
be
reassigned
from
one
organizational unit to another in the
same agency, provided that such
reassignment shall not involve a
reduction in rank, status or salary.
7.Reemployment names of persons
who
have
been
appointed
permanently to positions in the
career service and who have been
separated as a result of reduction in
force and/or reorganization shall be
entered in the list from which
selection for reemployment shall be
made.
Jurisdiction on Personnel Action
Disciplinary cases and cases involving
personnel action affecting employees in
the Civil Service, including appointment
through
certification,
promotion,
transfer, demotion and separation, as
well as employment status and
qualification standards, are within the
exclusive jurisdiction of the Civil Service
Commission.
POWERS AND DUTIES OF A PUBLIC
OFFICER
Authority of Public Officers
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1. expressly conferred upon him by the act

appointing him;
2. expressly annexed to the office by law; and
3. Attached to the office by common law as
incidents to it under the doctrine of
necessary implication.
The authority can be exercised only during the
term when the public officer is, by law, invested
with the rights and duties of the office.
Constitutional Duties of Public Officers
1. To be accountable to the people; to serve them
with utmost responsibility, integrity, loyalty and
efficiency.
2. To submit a declaration under oath of his
assets, liabilities and net worth upon
assumption of office and as often as thereafter
as may be required by law.
3. To owe the state and the Constitution allegiance
at all times.
Prohibition
1. Partisan political activity no officer or
employee of the civil service shall engage
directly of indirectly, in any electioneering
or partisan political campaign.
2. Additional or double compensation
no elective or appointive public officer or
employee shall receive additional, double, or
indirect compensation, unless specifically
authorized by law, nor accept without the
consent of the Congress, any present,
emolument, office or title of any kind from
any foreign government.
3. Limitations on laborers shall not be
assigned to perform clerical duties.
4. Detail or assignment no detail or
reassignment shall be made within three
months before any election without the
approval of the Comelec.
5. Nepotism - all appointments in the
national, provincial, city and municipal
governments or in any branch or
instrumentality thereof, including GOCC,
made in favor of a relative of the (1)
appointing or (2) recommending authority
or of the (3) chief of the bureau or office or
of the (4) persons exercising immediate
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supervision over him are prohibited.

A relative is one within the 3rd
degree either of consanguinity or
affinity.
LIABILITY OF PUBLIC OFFICERS
General Rule: NOT liable for injuries
sustained by another as a consequence of
official acts done within the scope of his
authority.
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Liability of Ministerial Officers

1. Nonfeasance neglect or refusal to perform
an act which is officers legal obligation to
perform;
2. Misfeasance failure to use that degree of
care, skill and diligence required in the
performance of official duty; and
3. Malfeasance doing, through ignorance,
inattention or malice, of an act which he had no
legal right to perform.
Exceptions
Doctrine of Command Responsibility
statutory liability
Art. 27 CC refusal or neglect,
without just cause, to perform his
official duty.
Art. 32 CC for violation of
constitutional rights of individuals
Art. 34 CC peace officers who fail
to respond or give assistance to
persons in danger of injury to life or
property.
Sec 38 (2), Chap 9, Book I
Admin Code neglect without just
cause to perform a duty within the
period fixed by law.
Sec 24 LGC - LGUs and their
officials are not exempt from liability
for death or injury to persons or
damage to property.
General Rule: Superior officer is NOT civilly

liable for the wrongful acts, omissions of duty,
negligence, and misfeasance of his subordinates.
The negligence of the subordinate cannot be
ascribed to his superior in the absence of
evidence of the latter's own negligence. ( Reyes
vs. Rural bank of San Miguel (Bulacan) G.R. No.
154499 Feb. 27, 2004)
When there is a clear showing of bad faith,

malice or negligence;
liability on contracts personal liability
for contracts entered into without or in
excess of authority;
Liability on tort personal liability if he
goes beyond the scope of his authority or
exceeds the power conferred upon him
by law.
Presidential Immunity from Suit
In Soliven vs. Makasiar, the SC
declared that while the President is
immune from suit, she may not be
prevented from instituting suit.
Threefold Liability Rule wrongful acts
or omissions of public officers may give rise
to civil, criminal, and administrative
liability (CAC liability rule). Each can
proceed independently of the others.
Exception: He actually authorized by written

order the specific act of misconduct complained
of.
Instances When Superior Officer is Liable
for Acts of Subordinate
1.he negligently or willfully employs or retains
unfit or incompetent subordinates;
2.he negligently or willfully fails to require
subordinate to conform to prescribed
regulations;
3.he negligently or carelessly oversees business
of office as to furnish subordinate an
opportunity for default;
4.he directed or authorized or cooperated in the
wrong; or
5.Law expressly makes him liable.
Liability of Subordinate Official
Subordinate officers are also liable for
willful or negligent acts even if he acted under
orders if such acts are contrary to law, morals,
public policy and good customs.
RULES ON PREVENTIVE SUSPENSION
PENDING
INVESTIGATION
The proper
disciplining
P O L I T I C A L
PENDING
APPEAL
When the penalty
of suspension or
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authority may
preventively
suspend any
subordinate officer
or employee under
his authority
pending an
investigation.
A I D
dismissal is
imposed upon
respondent
employee but after
review is
exonerated, the
period is deemed
as preventive
suspension
pending appeal.
Intended to enable
the disciplining
authority to
investigate charges
against the
respondent by
preventing the latter
from intimidating
or in anyway
influencing
witnesses against
him.
Not to exceed 90
days
Not considered as a If conviction is
penalty
affirmed,
considered as a
penalty and the
period of
suspension
becomes party of
the final penalty or
suspension or
dismissal.
Not considered as a If conviction is
penalty.
affirmed,
considered as a
penalty and
the period of
suspension
becomes party
of the final
penalty or
suspension or
dismissal.
Entitled to
No right to
payment of
compensation
back salaries
pending
for the period
investigation even
of preventive
if exonerated.
suspension
pending appeal
if eventually
found fully
innocent of the
I N
P O L I T I C A L
L A W
RIGHTS OF PUBLIC OFFICERS

1. Right to OFFICE just and legal claim to
exercise powers and responsibilities of the
public office.
Term- the period during which the officer may
claim to hold the office as of right.
Tenure- is the period during which the officer
actually holds office
2. Right to SALARY
Basis: legal title to office and the fact the law
attaches compensation to the office.
In case of Preventive Suspension
Gen Rule: PO is NOT entitled during the
period of preventive suspension.
But:upon exoneration and reinstatement, he
must be paid full salaries and emoluments
during such period.
Salary cannot be garnished before being
paid him and appropriated to the payment of
his debts.
Forms of Compensation
a.salary personal compensation to be paid
to public officer for his services and it is
generally a fixed annual or periodical
payment depending on the time and not on
the amount of the service he may render;
b.per diem allowance for days actually spent
in the performance of official duties;
c.honorarium something given as not as a
matter of obligation, but in appreciation for
services rendered;
d.fee payment for services rendered or on
commission on moneys officially passing
through their hands; and
e.Emoluments profits arising from the
office, received as compensation for services
or which is annexed to the office as salary,
fees, or perquisites.
Some Constitutional Provisions affecting
salaries
Sec. 10, Art. VI no increase in the
salaries of members of Congress shall take
effect until the expiration of the full term of
the Members of the Senate and House of
Representatives who approved the same.
P O L I T I C A L
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Sec. 6, Art. VII Salaries of the

President and the Vice President
shall be fixed by law and shall not be
decreased during their tenure.
Sec. 10, Art. VIII the salary of
members of the Judiciary shall not be
decreased during their continuance
in office.
Sec. 8, Art, IX-B additional,
double or indirect compensation are
prohibited,
unless
specifically
authorized by law.
Sec. 6, Art. IX-B standardization
of compensation.
Sec. 16, Art. XVIII separation
pay to be given to career Civil Service
employees who are separated from
the service not for cause but by
reason or reorganization.
3. Right to PREFERENCE IN
PROMOTION
Next-in-Rank Rule - the person next in
rank shall be given preference in promotion
when the position immediately above his is
vacated
This does not prevail over the discretion
of the appointing authority.
Appointing officer is only required to
give special reasons for not appointing
officer next in rank if he fills vacancy by
promotion in disregard of the next in
rank rule. (Pineda vs. Claudio, 28 SCRA
34)
Automatic Reversion Rule - all
appointments involved in chain of
promotions
must
be
submitted
simultaneously for approval by the
Commission. The disapproval of the
appointment of a person proposed to a
higher position invalidates the promotion of
those in the lower positions and
automatically restores them to their former
positions.
4 Right to VACATION AND SICK
LEAVE
with pay
Right to MATERNITY LEAVE
Right to PENSION and GRATUITY
Pension vs. Gratuity
PENSION
Regular allowance
GRATUITY
A donation and an
I N
P O L I T I C A L
L A W
paid
to
an
individual or a
group
of
individuals by the
government
in
consideration
of
services rendered
or in recognition of
merit,
civil
or
military.
act
of
pure
liberality on the
part of the State.
In a pension plan where employee

participation is mandatory, the prevailing view is
that employees have contractual or vested rights in
the pension where the pension is part of the terms
of employment. No law can deprive such person of
his pension rights without due process of law, that
is, without notice and opportunity to be heard.
(GSIS vs. Montesclaros G.R. No. 146494, July 14,
2004)
Right to RETIREMENT PAY
Right to LONGEVITY PAY
Right to REIMBURSEMENT for expenses
incurred in performance of duty
Right to BE INDEMNIFIED against any
liability which they may incur in bona
fide discharge of duties
TERMINATION OFFICIAL RELATIONSHIP
Natural Causes
1. Death or permanent disability.
2. Expiration of the term or tenure of office.
3. Reaching the age limit (retirement).
Acts / Neglect of Officer
1. Abandonment of Office
2. Acceptance of an incompatible office
3. Failure to assume elective office within 6
months from proclamation
4. Filing of certificate of candidacy
5. Prescription of Right to Office
6. Resignation
Acts of the Government or People
1.Abolition of Office
2.Conviction of a crime
3.Impeachment
4.Recall
5.Removal
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When a public officer holds office at the

pleasure of the appointing authority, his
being replaced shall be regarded as
termination through expiration of term,
not removal.
Principle of Hold-Over if no express or
implied
Constitutional
or
statutory
provision to the contrary, public officer is
entitled to hold office until successor has
been chosen and shall have qualified.
During the period of hold-over, the
public officer is considered as a de jure
officer in order to prevent hiatus in
public office. (But subject to Art. 237 of
RPC penalizing PO who continues to
exercise duties and powers of his office
beyond the period provided by law)
When the law fixes a specific date for the
end of the term, there can be no holdover.
Reaching the Age Limit
COMPULSORY RETIREMENT AGE
Members
of 70 years of age
Judiciary
Other govt officers 65 years of age
and employees
Optional
RA
1616
allows
Retirement
optional retirement
after rendering a
minimum number
of years of govt
service
Resignation is the act of giving up or the
act of a PO by which he declines his office and
renounces the further right to use it.
Elements of Resignation
1. Voluntariness- Resignation must be
voluntary on the part of the public
officer. A courtesy resignation lacks
the element of voluntariness and is,
therefore, not a valid resignation.
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2. Need for acceptance- Resignation must be

accepted by competent authority, either
expressly or impliedly. Acceptance of
resignation is necessary because Art. 238 of the
RPC penalizes any public officer who, before the
acceptance of his resignation, abandons his
office to the detriment of the public service
3. Effective Date of Resignation1. The date specified in the tender.
2. If no such date is specified, when the PO
receives notice of the acceptance of the
resignation.
a. under the LGC, resignation by a local
government official shall be deemed
accepted if not acted upon by the
authority concerned within 15
working days from receipt thereof;
b. Irrevocable
resignations
by
sangguniang members shall be
deemed accepted upon presentation
before an open session of the
sanggunian concerned and duly
entered in its records EXCEPT when
subject to recall election or when the
law prescribes the manner of acting
upon such resignations.
4. Acceptance
authority.
made
by
the
proper
Accepting Authority for Resignation:

General Rule: By
provided by law.
competent
authority
But if the law is silent:

1. Public officer is appointed - tender to
appointing officer.
2. Public officer is elected - tender to officer
authorized by law to call election to fill
vacancy.
Resigning Official vs. Accepting Authority
Resigning
Official
President
In Estrada v. Desierto, the SC used

the totality test to arrive at the
conclusion that the former president
(petitioner Estrada) has resigned. SC
referred to and analyzed events that
were prior, contemporaneous and
posterior to the oath-taking of
respondent Arroyo as president.
Vice
President
Members
of Congress
P O L I T I C A L
Accepting
Authority
Congress
Their
respective
Houses
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forfeiting his seat;
President
Vice
Governors
Mayors &
Vice
Mayors of
HUCs and
ICCs
Municipal
mayors
Acceptance
of
incompatible office
ipso facto vacates
the other
EXCEPT: when the
public officer is
authorized by law
to accept the other
office.
Governor
City
Mayors and
Vice
Mayors of
Component
Cities
Sanggunian
members
Municipal
Mayor
thereof increased
during the term for
which
he
was
elected; prohibition
last only for the
duration of the
term for which he
was elected.
Prescription of Right to Office
Sanggunian
concerned
Barangay
officials
The Rules of Court provides that a petition for

reinstatement or the recovery of the public office
must be instituted within one year from the date
the petitioner in unlawfully ousted from his office.
(Purpose: Title to public office should not be
subjected to continued uncertainty)
Failure to Assume Office
Abandonment of Office is the voluntary

relinquishment of an office by the holder, with
the intention of terminating his possession
and control thereof. It is the voluntary
relinquishment through non-user. (Nonuser -neglect to use a privilege or a right or to
exercise an easement or an office)
Acceptance of Incompatible Office
Test of Incompatibility
By the nature and relation of the two
offices to each other, they ought not to be
held by one person from the contrariety
and antagonism which would result in the
attempt by one person to faithfully and
impartially discharge the duties of one,
toward the incumbent of the other.
Incompatible Office vs. Forbidden
Office
INCOMPATIBLE
OFFICE
May not hold any
other
office
or
employment in the
Government during
his term without
FORBIDDEN
OFFICE
Shall
not
be
appointed to any
office which may
have been created
or the emoluments
The office of any official elected who fails or

refuses to take his oath of office within 6 months
from his proclamation shall be considered vacant
unless said failure is for a cause/s beyond his
control (Sec 11, BP 881)
Filing of Certificate of Candidacy
Any person holding a public appointive office or
position, including active members of the AFP,
and officers and employees in GOCCs (with or
without original charter), shall be considered ipso
facto resigned from his office upon the filing of his
certificate of candidacy (Sec 66, BP 881)
Abolition of Office
General Rule:The Congress has the right to
abolish an office even during the term for which
an existing incumbent may have been elected.
Limitations
1. Constitutional offices cannot be abolished
by Congress.
2. No law shall be passed reorganizing the
Judiciary when it undermines the security
of tenure of its members.
Conviction of a Crime
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When the penalty imposed, upon

conviction, carries with it the
accessory penalty of disqualification,
conviction
by
final
judgment
automatically terminates official
relationship.
I N
P O L I T I C A L
L A W
Constitutional Guarantee of Security of

Tenure
No officer or employee of the civil service shall
be removed or suspended except for cause
provided by law.
Some Instances of Unlawful Removal
While plenary pardon extinguishes

the
accessory
penalty
of
disqualification, it will not restore the
public office to the officer convicted.
Impeachment
Impeachable Officers under the
Constitution
1. President
2. Vice President
3. Chief Justice and Associate Justices
of the SC
4. Chairmen and Members of the
Constitutional Commissions
5. Ombudsman
The impeachable officers enumerated in
Section 2, Article XI of the 1986
Constitution is exclusive. Only the
Ombudsman, not his deputies, is
impeachable. (Office of the Ombudsman
v. CA G.R. No. 146486, March 4, 2005)
Grounds for Impeachment
1.betrayal of public trust
2.bribery
3.culpable violation of the Constitution
4.graft and corruption
5.other high crimes
6.treason
Recall - termination of official relationship
for loss of confidence prior to expiration of
his term through the will of the people.
Regular local election means that the
approaching local election must be one
where the position of the official to be
recalled is actually contested and to be filled
by the electorate.
Removal
Demotion is tantamount to unlawful removal if

no cause is shown for it, or if it is not part of any
disciplinary action.
Unconsented transfer resulting in demotion
in rank or salary is tantamount to removal
without just cause.
A removal not for just cause or non-compliance
with the prescribed procedure constitutes a
reversible error and entitles the officer or
employee to reinstatement with back salaries
without loss of seniority rights.
ELECTION LAW
ELECTION means by which the people choose

their officials for a definite and fixed period and to
whom they entrust for the time being the exercise
of powers of government.
Kinds:
1. Regular Election- one provided by law
for election of officers either nationwide or
in certain subdivisions thereof, after
expiration of full term of former officers.
2. Special Election one held to fill vacancy
in office before expiration of full term for
which incumbent was elected. (OR when
there is failure of election on the scheduled
date of regular election in a particular place
or which is conducted to fill up certain
vacancies, as provided by law)
SUFFRAGE right to vote in election of officers
chosen by people and in the determination of
questions submitted to people. It includes within its
scope: (pier) plebiscite, initiative, election, and
referendum
Election period. Unless otherwise fixed by the
Comelec in special cases, the election period shall
commence 90 days before the day of the election
and shall end 30 days thereafter. (Sec. 9, Art. IX-C,
Constitution)
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QUALIFICATIONS FOR SUFFRAGE:

1. Filipino citizen
2. At least 18 years of age on the day of
the election
3. Resident of the Philippines for at
least 1 year immediately preceding
the election
4. Resident of place where he proposes
to vote for at least 6 months
immediately preceding the election
5. Not otherwise disqualified by law.
(Sec. 1, Art. V, Constitution)
DISQUALIFICATIONS (Sec. 118, BP
881):
1. Person convicted by final judgment
to suffer imprisonment for not less
than 1 year,
UNLESS pardoned or
granted amnesty; but right is
acquired upon expiration of 5 years
after service of sentence.
2. Person adjudged by final judgment
of having committed any crime
involving disloyalty to government
or any crime against national
security UNLESS restored to full
civil and political rights in
accordance with law; but right is
reacquired upon the expiration of 5
years after service of sentence.
3. Insane or incompetent persons as
declared by competent authority.
System of Continuing Registration- No
registration shall, however, be conducted
during the period starting 120 days before a
regular election and 90 days before a special
election. (Sec. 8, RA 8189) Registration does
not confer the right to vote; it is but a
condition precedent to the exercise of the
right. Registration is a regulation, not a
qualification (Yra v. Abano, 52 Phil 380).
Petition for INCLUSION. Any person
whose application for registration has been
disapproved by the Board or whose name
has been stricken out from the list may file
with the court a petition to include his name
in the permanent list of voters in his
precinct at any time except 105 days prior to
a regular election or 75 days prior to a
special election. The petition shall be
I N
P O L I T I C A L
L A W
decided within 15 days after its filing. (Sec. 34, RA

8189)
Petition for EXCLUSION. Any registered voter,
representative of a political party or the Election
Officer, may file with the court a sworn petition for
the exclusion of a voter from the permanent list of
voters giving the name, address and the precinct of
the challenged voter at any time except 100 days
prior to a regular election or 65 days prior to a
special election. The petition shall be decided
within 10 days from its filing. (Sec. 35, RA 8189)
Jurisdiction in inclusion and exclusion
cases
The Municipal and MeTC shall have original and
exclusive jurisdiction. Decisions may be appealed to
the RTC within 5 days; otherwise, said decision
shall become final and executory.
Grounds when the List of Voters will be
altered (canted):
Cancellation of Registration in case of Death
Annulment of Book of Voters
New voters
Transfer of Residence
Exclusion/inclusion
Deactivation/reactivation
Deactivation means removing the registration
records of persons from the precinct book of voters
and placing the same, properly marked and dated
in indelible ink, in the inactive file after entering
the cause of deactivation.
Annulment of Book of Voters is through verified
petition; there must be notice and hearing; it
cannot be done within 90 days before election
POSTPONEMENT OF ELECTION
A. Causes
Violence
Terrorism
Loss
or
destruction
of
election
paraphernalia/records
Force majeure
Other analogous causes
B. Effect
It is impossible to hold a free, orderly and honest
election in any political subdivision.
COMELEC can postpone the election when decided
by a majority vote of the COMELEC sitting en banc:
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i. Motu proprio
ii. Upon a verified petition by any interested
party, after due notice and hearing. (RA
7166)
Date of New Election: The date of the
postponed election should be reasonably
close to the date of the election not held,
suspended, or which resulted in a failure to
elect. It should not be later than 30 days
after the cessation of the cause for such
postponement or suspension of the election
or failure to elect.
FAILURE OF ELECTION
A. Causes
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the
declaration of the failure of election may
occur before or after the casting of votes or
on the day of the election.
B. Instances
1. Election in any polling place was not
held on the date fixed
2. Election was suspended before the hour
fixed by law for the closing of the voting
3. Election results in a failure to elect
(after the voting and during the
preparation and transmission of the
election returns or in the custody or
canvass thereof)
C. Remedy
COMELEC can call for the holding or
continuation of the election not held,
suspended, or which resulted in a failure to
elect. The election should be held not later
than 30 days after the cessation of the cause
of the postponement or suspension of the
election or failure to elect. This is decided by
the COMELEC, by a majority vote of its
members, sitting en banc.
POLITICAL PARTY organized group of
citizens advocating an ideology or platform,
principles and policies for the general
conduct of government and which, as the
most immediate means of securing their
adoption, regularly nominates and supports
I N
P O L I T I C A L
L A W
certain of its leaders and members as candidates in

public office.
Acquisition of Juridical Personality
It is acquired upon registration with
COMELEC.
the
DISQUALIFICATION OF CANDIDATES
A. Under the Omnibus Election Code (BP 881):
1. Declared as INCOMPETENT or INSANE by
competent authority;
2. Sentenced by final judgment for subversion,
insurrection, rebellion or any offense for
which he has been sentenced to a penalty of
18 months imprisonment;
3. Sentenced by final judgment for a crime
involving MORAL TURPITUDE; and
4. Any person who is a permanent resident of
or an immigrant to a foreign country (unless
he has waived his status as such).
B. Under the Local Government Code (Sec. 40, RA
7160): Applicable to candidates for LOCAL
ELECTIVE OFFICE ONLY:
1.
Those sentenced by final judgment for an
offense punishable by one year or more of
imprisonment and within two years after
serving sentence;
2.
Those removed from office as a result of an
administrative case
3.Those convicted by final judgment for violating
the oath of allegiance to the Republic
of
the
Philippines
4. Those with dual citizenship
5.Fugitives from justice in criminal and nonpolitical cases here and abroad
6. Permanent residents in a foreign country or those
who have acquired the right to reside abroad and
continue to avail of the same right after the
effectivity of the Local Government Code.
7. Those who are insane and feebleminded.
Addl grounds for disqualifications. One who has
violated the provisions on:
(a) campaign period
(b) removal, destruction of lawful
election propaganda
(c) prohibited forms of propaganda
(d) regulation of propaganda thru mass
media
(e) election offenses
CANDIDATES- Refers to any person aspiring for
or seeking an elective public office, who has filed a
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certificate of candidacy by himself or

through an accredited political party, a
group or coalition of parties. (Section 79,
OEC)
The filing of a certificate of candidacy is
NOT a condition sine qua non before one
may be a candidate in a recall election
Section 71, LGC provides that once recall
has been validly initiated, COMELEC has
to set the date of the election on recall
and the official or officials sought to be
recalled
shall
automatically
be
considered as duly registered candidates
to the pertinent positions and, like other
candidates, shall be entitled to be voted
upon.
Rules to be observed on the Filing of a
Certificate of Candidacy
1.A person can only file one certificate of
candidacy for one office in an election.
(Section 73, OEC)
When a person files two certificates of
candidacy for different offices, he becomes
ineligible for either position. He may
withdraw one of his certificates at any time
before Election Day (not necessarily before
the deadline for the filing of certificates of
candidacy) and become eligible for election
to the office sought in the remaining
certificate of candidacy. (Montinola v.
Comelec, 52 O.G. 775) But Sec. 73, BP 881
requires that the withdrawal must be made
thru a sworn declaration filed with the
Comelec before the deadline for the filing of
certificate of candidacy.
2. A person can withdraw after filing of
certificate of candidacy by submitting a
written declaration under oath. (Section 73,
OEC)
The withdrawal of the withdrawal, for the
purpose of reviving the certificate of
candidacy, must be made within the period
provided for by law. (Monsale v. Nico, 83
Phil 758)
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Effects When an Incumbent Public Official

Files his Certificate of Candidacy
A person, holding a public appointive office or
position, filing a certificate of candidacy shall be
considered ipso facto resigned. (Section 66,
OEC). This provision has no exceptions. Such
that if the person lost, he cannot go back to his
appointive office anymore.
As to elective officials, Section 67, OEC has
already been REPEALED by Section 14, RA
9006 or the Fair Elections Act which provides
that any elective official who filed a certificate of
candidacy for the same or any other office shall
not be considered resigned.
Period When Substitute Candidate May
Validly File his Certificate of Candidacy
The substitute candidate nominated may file
his certificate of candidacy for the office
affectednot later than mid-day of Election
Day. The said certificate may be filed with
any board of election inspector in the
political subdivision where he is a candidate,
or, in case of candidates to be voted for by
the entire electorate of the country, with the
Commission. (Section 77, OEC)
Substitution in Barangay Elections
The absence of a specific provision governing
substitution of candidates in barangay elections
can not be inferred as a prohibition against said
substitution. Such a restrictive construction
cannot be read into the law where the same is
not written. Indeed, there is more reason to
allow the substitution of candidates where no
political parties are involved than when political
considerations or party affiliations reign, a fact
that must have been subsumed by law. (Rulloda
v. COMELEC, G.R. No. 1544198. January 20,
2003)
Substitution of Candidates
The concept of substitution presupposes the
existence of the person to be substituted, for how
can a person take the place of somebody who
does not exist or who never was. The Court has
no other choice but to rule that in all instances
enumerated in Section 77 of the Omnibus
Election Code, the existence of a valid certificate
of candidacy seasonably filed is a requisite sine
qua non.
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If the disqualified candidate did not have

a valid and seasonably filed certificate of
candidacy, he is and was not a candidate
at all. If a person was not a candidate, he
cannot be substituted under Section 77,
OEC. (Miranda v. Abaya, GR. No. 136351,
July 28, 1999)
Material representation (under Section
78, OEC) - refers to qualifications for
elective office and must be made with the
intention to deceive the electorate as to
ones qualification for public office.
The use of surname when not intended to
mislead or deceive is not a material
representation. (Salcedo v. COMELEC,
GR. No. 135886, August 16, 1999)
Qualifications prescribed by law are
continuing requirements and must be
possessed for the duration of the officers
active tenure. (Frivaldo v. Comelec, 174
SCRA 245; Labo v. Comelec, 176 SCRA 1)
NUISANCE CANDIDATE
COMELEC may motu proprio or upon
petition of interested party, refuse to give
due course to or cancel certificate of
candidacy if shown that said certificate
was filed:
1.to put election process in mockery
or disrepute;
2.to cause confusion among voters
by similarity of names or
registered candidates;
3.by other circumstances or acts
which demonstrate that a
candidate has no bona fide
intention to run for office for
which certificate has been filed,
and thus prevent a faithful
determination of true will of
electorate.
National party - When its constituency is
spread over the geographical territory of at
least a majority of the regions.
Regional party - When its constituency is
spread over the geographical territory of at
least a majority of the cities and provinces
comprising the region.
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Sectoral party - An organized group of citizens

whose principal advocacy pertains to the special
interest and concerns of their sectors: labor,
peasant, fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth,
veterans, OCWs and professionals. (While the
enumeration
of
the
marginalized
and
underrepresented sectors is not exclusive, it
demonstrates the clear intent of law that not all
sectors can be represented under the party-list
system)
Sectoral organization is a group of qualified
voters bound together by similar physical attributes
or by employment, interests or concerns.
Coalition is an aggrupation of duly registered
national, regional, sectoral parties or organizations
for political and/or election purposes.
All political parties may immediately have the right
to participate in the party-list system, provided:
The group must register with the COMELEC by
filing with the latter, not later than 90 days
before the election, a verified petition stating its
desire to participate in the party-list system as a
national, regional, sectoral part or organization
or a coalition of such parties or organization.
(Section 5, RA 7941)
GROUPS DISQUALIFIED FOR
REGISTRATION
1. Religious denomination or sects;
2. Those who seek to achieve their goals
through violence or unlawful means;
3. Those who refuse to uphold and adhere to
Constitution
4. Those supported by foreign governments.
THE PARTY-LIST LAW (Republic Act No.
7941)
The Party List System is a mechanism of
proportional representation in the election of
representatives to the House of Representatives
from marginalized or underrepresented national,
regional, and sectoral parties, or organizations or
coalitions thereof registered with the Comelec.
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Grounds for refusing or canceling

registration of Party-Lists groups
a. Religious
sect
or
denomination,
organization
b. Advocates violence
c. Foreign party or organization
d. Receives foreign support
e. Violates election law
f. Untruthful statements in its petition
g. Ceased to exist for at least one year
h. Failed to participate in the last two
preceding elections or fails to obtain at
least 2% of the votes cast under the
party-list system in the 2 preceding
elections for the constituency in which it
has registered
Nomination of party-list representatives
should not include any candidate for any
elective office or a person who has lost his
bid for an elective office in the immediately
preceding election.
Incumbent sectoral representatives in the
House of Representatives who are
nominated in the party-list system shall not
be considered resigned.
DETERMINING PARTY-LIST
WINNERS
The Twenty Percent Allocation- the
combined number of all party-list
congressmen shall not exceed twenty
percent of the total membership of the
House of Representatives, including those
elected under the party-list
The 20% allocation is not mandatory. It
merely provides for a ceiling for party-list
seats in Congress. (Veterans Federation
v. COMELEC, GR. No. 136781, October
6, 2000)
The Two Percent Threshold - only those
garnering a minimum of two percent of the
total valid votes cast for the party-list
system are qualified to have a seat in the
House of Representatives.
The Three Seat Limit- each qualified
party, regardless of the number of votes it
actually obtained, is entitled to a maximum
of three seats- one qualifying and two
additional seats.
I N
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Proportional Representation - the additional

seats when a qualified party is entitled to shall be
computed in proportion to their total number of
votes.
CASTING OF VOTES
The casting of votes shall start at 7AM up to
3PM, except when there are voters present
within 30 meters in front of the polling place
who have not yet cast their votes, in which case
the voting shall continue but only to allow said
voters to cast their votes without interruption.
(Section 190, OEC)
RULES IN APPRECIATING A BALLOT
General Rule: every ballot shall be presumed
valid unless there is a clear and good reason to
justify its rejection.
1.Only the first name or surname is
written: the vote shall be valid if there is
no other candidate with the same first name
or surname for the same office.
2.Idem Sonans Rule: a name or surname
incorrectly written which, when read has a
sound similar to the name or surname of a
candidate when correctly written shall be
counted in his favor.
3. Two or more words written which
are surnames of 2 or more
candidates: vote shall not be counted for
any of them.
4.In favor of the incumbent: when 2 or
more candidates with same full name, first
name or last name and one of them is the
incumbent and only the full name, first
name or last name is written.
5.Use of nicknames and appellation of
affection
and
friendship:
if
accompanied by the first name or surname
of the candidate does not annul such vote,
EXCEPT when they were used as means to
identify the voter, in which case the whole
ballot is invalid.
6.When two words are written on the ballot, one
of which is the first name of the candidate
and the other is the surname of his
opponent, the vote shall not be counted for
either.
7.Any vote containing initials only or which
does not sufficiently identify the candidate
for whom it is intended shall be considered
as a stray vote.
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DUTIES OF ELECTION OFFICERS

AFTER COUNTING
1. The Board of Election Inspectors
shall prepare a document called
ELECTION RETURN which
represents 1 VOTING CENTER.
2. The Election return shall be
transmitted to the City or
Municipal Board of Canvassers
to canvass the election return not
the votes.
3. The City/Municipal Board of
Canvassers will prepare a
document called CERTIFICATE
OF CANVASS which represents 1
CITY/MUNICIPALITY.
4. The Certificate of Canvass will be
canvassed by the Provincial or
District Board of Canvassers.
5. The Provincial/District Board of
Canvassers will PROCLAIM the
City/Municipal Winners and will
prepare a document called
NATIONAL CERTIFICATE OF
CANVASS.
6. The National Certificate of
Canvass shall be canvassed by
National Board of Canvassers
who will proclaim the National
winners.
FILING
CASES
OF
PRE-PROCLAMATION
A. A pre-proclamation controversy refers

to
any
question
affecting
the
proceedings of the Board of Canvassers
which may be raised by any candidate or
by any registered political party or
coalition of political parties before the
board or directly with the COMELEC. It
would also refer to any matter raised
under Sections 233, 234, 235, and 236
of the Omnibus Election Code in
relation
to
the
preparation,
transmission, receipt, custody, and
appreciation of the election returns. The
Board of Canvassers have original
jurisdiction while COMELEC have
appellate jurisdiction.
***Summary nature of Preproclamation Controversy
A. Pre-proclamation controversies shall be
heard summarily by the Comelec.
I N
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B. Its decision shall be executory after the lapse of

5 days from receipt by the losing party of the
decision, unless restrained by the SC.
Effect of filing Petition to Annul or Suspend
Proclamation
It suspends the running of the period within
which to file an election protest or quo warranto
proceeding.***
General Rule: Candidates and registered
political parties involved in an election are
allowed to file pre-proclamation cases before the
Comelec.
Exception: Pre-proclamation cases are NOT
allowed in elections for:
a.
b.
c.
d.
President;
Vice-President;
Senators; or
Members of the House of
Representatives.
The Prohibition aims to avoid delay in the
proclamation of the winner in the election,
which delay might result in a vacuum in these
sensitive posts.
Exception to the exception: Filing of
petitions for correction of manifest errors
in the certificate of canvass or election returns
for the simple reason that the correction of
manifest errors will not prolong the process of
canvassing nor delay the proclamation of the
winners. (Sandoval v. Comelec, GR. No. 133842,
January 26, 2000)
The Comelec, sitting en banc, does not have the
requisite authority to hear and decide election
cases including pre-proclamation controversies
in the first instance. This power pertains to the
divisions of the Commission. Any decision by the
Commission en banc as regards election cases
decided by it in the first instance is null and
void. (Soller v. Comelec, GR. No. 139853,
September 5, 2000)
ISSUES WHICH MAY BE RAISED:
1. Illegal composition or proceedings of the
Board of Canvassers.
Procedure
A. Contested composition or proceedings of the
board (under RA 7166)
It may be initiated in the Board or directly
with Comelec.
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2. The canvassed election returns are

incomplete, contain material defects,
and appear to be tampered with or
contain discrepancies in the same
returns or in other authentic copies
thereof.
B. Contested election returns (under RA
7166)
Matters relating to the preparation,
transmission,
receipt,
custody
and
appreciation of the election returns, and
Certificate of Canvass, should be brought in
the first instance before the Board of
Canvassers only.
3. The election returns were prepared
under duress, threats, coercion, or
intimidation, or they are obviously
manufactured or not authentic.
4. When substitute or fraudulent
returns in controverted polling places
were canvass, the result of which
materially affected the standing of the
aggrieved candidate or candidates.
"Lagumbay Doctrine" or Doctrine
of Statistical Improbability - where
there exists similarity of tallies in favor
of candidates of the same political party
and the systematic blanking out of
opponent making it highly incredible
and statistically improbable. (Lagumbay
v. Comelec, 16 SCRA 175)
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continue in a petition for certiorari. (RA 7166,

Synchronization of Election)
ELECTION CONTESTS- is a special statutory
proceeding designed to contest the right of a
person, declared elected, to enter upon and hold
officer.
A. Original and Exclusive.
1. President/Vice-President SC
2. Senator SET
3. Representative HRET
4. Regl/Provl/City Comelec
5. Municipal RTC
6. Barangay MTC/MeTC
B. Appellate Jurisdiction.
From decisions of the RTC and MeTC/MTC
appeal shall be made exclusively to the Comelec,
whose decision shall be final, executory and
unappealable. This only applies to questions of
FACT. (Flores v. Comelec, 184 SCRA 484)
Who can file?
Any candidate who has duly filed a certificate of
candidacy and has been voted for the same office.
Election Protest vs. Quo Warranto under
the Omnibus Election Code
ELECTION
PROTEST
The issues are: (a)

who received the
majority or
plurality of the
votes which were
legally cast and (b)
whether there
were irregularities
in the conduct of
the election which
affected its results
QUO
WARRANTO
CASE
A quo warranto
case may be filed
by any voter who is
a registered voter
in the constituency
where the winning
candidate sought
to be disqualified
ran for office.
In a quo warranto
case, the issue is
whether the
candidate who was
proclaimed elected
should be
disqualified
because of
ineligibility or
disloyalty to the
Philippines.
If the protestant
If petitioner
An election protest
must be filed by a
losing candidate
for the same office
for which the
winner filed his
certificate of
candidacy.
When pre-proclamation cases are

deemed TERMINATED (RA 7166)
All pre-proclamation cases pending before
the COMELEC shall be deemed terminated
at the beginning of the term of office
involved and the rulings of the board of
canvassers concerned deemed affirmed.
This is without prejudice to the filing of a
regular election protest by the aggrieved
party.
HOWEVER, proceedings may continue if
the Comelec determines that the petition is
meritorious and issues an order for the
proceedings to continue or the Supreme
Court issues an order for the proceeding to
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succeeds, he will
assume if he had
plurality of the
votes
A I D
succeeds, the
respondent will be
ousted but the
former will not
assume office
Enumeration of Election Offenses

1. Vote-buying and vote-selling
2. Appointment of new employees (in case
of urgent need.
3. Terrorism, intimidation, and threats
4. Carrying of deadly weapon within a
radius of 100 meters from a polling place
5. Conspiracy to bribe voters
Good faith is not a defense
violation of Election Law
in
Prescription of Election Offenses

1. Election offenses shall prescribe after 5
years from the date of their commission
2. If the discovery of the offense is made in
an election contest proceeding, the
period of prescription shall commence
on the date on which the judgment in
such proceedings becomes final and
executory.
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L A W
prohibits is a consecutive fourth term (Socrates v.

Comelec, G.R. No. 154512, November 12, 2002)
How many years should a disqualified
candidate, based on the ground of conviction of a
crime involving moral turpitude, should served his
sentence to lift such disqualification? Is it 5 years
under Omnibus Election Code or 2 years under the
Local Government Code?
It should be noted that the Omnibus Election Code
(BP 881) was approved on December 3, 1985 while
the Local Government Code (RA 7160) took effect
on January 1, 1992. It is basic in statutory
construction that in case of irreconcilable conflict
between two laws, the later enactment must prevail,
being the more recent expression of legislative will.
In accordance therewith, Section 40 of RA 7160 is
deemed to have repealed Section 12 of BP 881.
Furthermore, Article 7 of the Civil Code provides
that laws are repealed only by subsequent ones, and
not the other way around. The reduction of the
disqualification period from five to two years is the
manifest intent. (Magno v. COMELEC, G. R. No.
147904, Oct. 4, 2002)
LAW ON PUBLIC CORPORATIONS

Jurisdiction of courts
A. RTC has exclusive original jurisdiction
to try and decide any criminal action or
proceedings for violation of the Code.
B. MTC/MeTC have jurisdiction over
offenses relating to failure to register or
vote.
Is a subsequent election, like a

recall election, a violation of the
three-term limit rule?
The
Constitution
prohibits
an
immediate reelection for a fourth term
following three consecutive terms. The
Constitution, however, does not prohibit a
subsequent reelection for a fourth term as
long as the reelection is not immediately
after the end of the third consecutive term.
A recall election mid-way in the term
following the third consecutive term is a
subsequent election but not an immediate
reelection after the third term. Neither does
the Constitution prohibit one barred from
seeking immediate reelection to run in any
other subsequent election involving the
same term of office. What the Constitution
PUBLIC CORPORATION it is a body politic

and corporate constituted by the incorporation of
the inhabitants for the purpose of local
government.
Decentralization of Administration central
government delegates administrative powers to
political subdivisions in order to broaden base of
government power and in process, make LGUs
more responsive and accountable and ensure their
fullest development as self-reliant communities and
make them effective partners in the pursuit of
national development and social progress.
Decentralization of Power involves
abdication of political power in favor of LGUs
declared to be autonomous.
Devolution act by which national government
confers power and authority upon various LGUs to
perform specific functions and responsibilities.
Local Autonomy in its constitutional sense, to
polarize LGUs from overdependence on central
government and do not make LGUs mini-republics
or imperium in imperia.
Classes of Corporations
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1. Quasi-corporation
public
corporations created as agencies of State
for narrow and limited purposes.
2. Municipal Corporation body
politic and corporate constituted by
incorporation of inhabitants of city or
town purposes of local government
thereof or as agency of State to assist in
civil government of the country.
3. Quasi-public Corporation Private
Corporation that renders public service
or supplies public wants.
Elements of a Public Corporation
(clit):
P O L I T I C A L
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coordination and delivery of basic, regular

and direct services and effective governance
of inhabitants within its territorial
jurisdiction;
4. Barangay basic political unit which
serves
as
primary
planning
and
implementing unit of government policies,
plans, programs, projects and activities in
community, and as a forum wherein
collective views of people may be expressed,
crystallized and considered and where
disputes may be amicably settled;
5. Autonomous Regions created for
decentralization of administration or
decentralization of government
1.corporate name
2.legal creation or incorporation
3.inhabitants
4.territory
6. Special
metropolitan
political
subdivisions created for sole purpose of
coordination of delivery of basic services.
Dual Characteristics of Public

Corporation
1. Public, as it is an agent of the State
for the government of the territory
and
inhabitants
within
the
municipal limits.
2. Private, when it acts like a private
corporation, performing functions
which are not governmental in
character.
MUNICIPAL
CORPORATIONS
THE PHILIPPINES
I N
IN
1. Province
cluster
of
municipalities, or municipalities and
component cities, and serves as
dynamic
mechanism
for
developmental
processes
and
effective governance of LGUs within
its territorial jurisdiction.
2. City composed of more urbanized
and developed barangays, serves as a
general purpose government for
coordination and delivery of basic,
regular and direct services and
effective governance of inhabitants
within its territorial jurisdiction;
3. Municipality consisting of group
of barangays, serves primarily as a
general purpose government for
Public Corporation vs. Private Corporation
PUBLIC
CORPORATION
PRIVATE
CORPORATION
Established
for Created for private
purposes
of aim, gain or benefit
administration of of members
civil and local
governments
Creation of State Created by will of
either by special or incorporators with
general act
recognizance
of
State
Involuntary
consequence
legislation
Voluntary
agreement by and
among members
DE FACTO MUNICIPAL CORPORATION

Requisites
1.valid law authorizing incorporation;
2.attempt in good faith to organize under it;
3.colorable compliance with law; and
4.assumption of corporate powers.
Creation of Municipal Corporations
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For province, city or municipality, only

by Act of Congress;
For Barangays, ordinance passed by
respective Sanggunian
As a general rule, the creation of a local
government unit or its conversion from one
level to another level shall be based on
verifiable indicators of viability and
projected capacity to provide services, to
wit:
(a) Income - It must be sufficient, based
on acceptable standards, to provide for all
essential government facilities and services
and special functions commensurate with
the size of its population, as expected of the
local government unit concerned
(b) Population- It shall be determined as
the total number of inhabitants within the
territorial jurisdiction of the local
government unit concerned
(c) Land Area - must be contiguous,
unless it comprises two or more islands or is
separated by a local government unit
independent of the others; properly
identified by metes and bounds with
technical descriptions; and sufficient to
provide for such basic services and facilities
to meet the requirements of its populace.
[Under the LGC, a proposed city must have
an average annual income of at least 20M
for the immediately preceding 2yrs. The
population of said barangay must be 150,
000php. There is no need to consider the
land area since under the LGC, the proposed
city must comply with requirements as
regards income AND population or land
area.]
Abolition of LGU
When income, population, or land area
of LGU has been reduced to less than
minimum standards prescribed for its
creation. The law or ordinance abolishing
LGU shall specify the province, city,
municipality or barangay with which
LGU sought to be abolished will be
incorporated or merged.
Division and Merger of LGUs
I N
P O L I T I C A L
L A W
Shall comply with same requirements prescribed

for their creation, provided:
1.shall not reduce income, population or land
area of LGU concerned to less than the
minimum requirements prescribed
2.income classification of original LGU shall not
fall below its current income classification
prior to division
3.Assets and liabilities of creation shall be
equitably distributed between the LGUs
affected and new LGU.
Political and Corporate Nature of Local

Government Units - Every local government unit
created or recognized under LGC is a body politic
and corporate endowed with powers to be exercised
by it in conformity with law. As such, it shall
exercise powers as a political subdivision of the
national government and as a corporate entity
representing the inhabitants of its territory.
National
Supervision
over
Local
Government Units- the President shall exercise
general supervision over local government units to
ensure that their acts are within the scope of their
prescribed powers and functions. The President
shall exercise supervisory authority directly over
provinces, highly urbanized cities, and independent
component cities; through the province with
respect to component cities and municipalities; and
through the city and municipality with respect to
barangays.
Plebiscite Requirement - No creation, division,
merger, abolition, or substantial alteration of
boundaries of local government units shall take
effect unless approved by a majority of the votes
cast in a plebiscite called for the purpose in the
political unit or units directly affected. (This means
that residents of the political entity who would be
economically dislocated by the separation of a
portion thereof have a right to vote in said
plebiscite. The plebiscite requirement applies only
to new municipalities created for the first time)
POWERS OF LGUs
Classification
of
Government Units
Powers
of
Local
1.Express, implied and inherent

2.Public or governmental, private or proprietary
3.Intramural and extramural
4.Mandatory and directory; ministerial and
discretionary
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A I D
Governmental Powers of LGU

General Welfare (Every local
government unit shall exercise the powers
expressly granted, those necessarily implied
therefrom, as well as powers necessary,
appropriate, or incidental for its efficient
and effective governance, and those which
are essential to the promotion of the general
welfare. Within their respective territorial
jurisdictions, local government units shall
ensure and support, among other things, the
preservation and enrichment of culture,
promote health and safety, enhance the
right of the people to a balanced ecology,
encourage and support the development of
appropriate and self-reliant scientific and
technological capabilities, improve public
morals, enhance economic prosperity and
social justice, promote full employment
among their residents, maintain peace and
order, and preserve the comfort and
convenience of their inhabitants) statutory
grant of police power to LGUs.
Delivery of basic services
facilities (Sec. 17, of R.A. 7160)
and
Power
to
generate
and
apply
resources (Sec. 18, of R.A. 7160)
Eminent Domain - A local government
unit may, through its chief executive
and acting pursuant to an ordinance,
exercise the power of eminent domain for
public use, or purpose, or welfare for the
benefit of the poor and the landless, upon
payment of just compensation. The
power of eminent domain may not be
exercised unless a valid and definite
offer has been previously made to the
owner, and such offer was not accepted.
Reclassification of Lands A city or
municipality
may,
through
an
ordinance passed by the sanggunian after
conducting public hearings for the
purpose, authorize the reclassification of
agricultural lands and provide for the
manner of their disposition in the following
cases:
I N
P O L I T I C A L
L A W
(2) where the land shall have substantially greater

economic value for residential, commercial, or
industrial purposes, as determined by the
sanggunian concerned.
Closure and opening of roads (Sec. 21 of RA
7160)
In case of permanent closure:
a. adequate provision for public safety must
be made; and
b. May be properly used or conveyed for any
purpose for which other real property may
be lawfully used or conveyed; provided no
freedom park be permanently closed
without provisions or transfer to new site.
LOCAL LEGISLATIVE POWER
1.It shall be exercised by the sangguniang
panlalawigan for the province; the sangguniang
panlungsod for the city; the sangguniang bayan
for the municipality; and the sangguniang
barangay for the barangay.
2. The vice-governor shall be the presiding officer of
the sangguniang panlalawigan; the city vicemayor, of the sangguniang panlungsod; the
municipal vice-mayor, of the sangguniang bayan;
and the punong barangay, of the sangguniang
barangay. The presiding officer shall vote only to
break a tie. (An incumbent Vice-Gov, while
concurrently the Acting Gov, may not
continue to preside over the sessions of the
SP)
3.On the first regular session following the election
of its members and within ninety (90) days
thereafter, the sanggunian concerned shall adopt or
update its existing rules of procedure. (Every
sanggunian member shall, upon assumption to
office, make a full disclosure of his business and
financial interests)
Approval of ordinances:
a. Every
ordinance
enacted
by
the
sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan shall
be presented to the provincial governor or
city or municipal mayor, as the case may be.
b. If the local chief executive concerned
approves the same, he shall affix his
signature on each and every page thereof;
otherwise, he shall veto it and return the
(1) when the land ceases to be economically

feasible and sound for agricultural purposes
as determined by the Department of
Agriculture
P O L I T I C A L
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A I D
same with his objections to the

sanggunian, which may proceed to
reconsider the same.
The sanggunian concerned may
override the veto of the local chief
executive by two-thirds (2/3) vote of
all its members
grounds for veto: ordinance is
ultra vires or prejudicial to public
welfare
local chief executive may veto
particular item of appropriation
ordinance,
adoption
of
local
development plan and public
investment plan, or ordinance
directing payment of money or
creating liability
local chief executive may veto an
ordinance only once
Barangay Chairman has no veto
power.
Corporate Powers of LGU

1.to have continuous succession in its
corporate name;
2.to sue and be sued;
3.to have and use a corporate seal;
4.to acquire and convey real or personal
property;
5.power to enter into contracts;
P O L I T I C A L
L A W
1.Elected at large
Governor; Vice Governor;
City or municipal mayor; City or municipal
vice-mayor;
Punong barangay,
SK chairman, elected by voters of
Katipunan ng Kabataan
2. Elected by District
a. regular members of Sanggunian
b. ex-officio members of Sanggunian
(i)
panlalawigan
president of leagues of
sanggunian members of
component cities and
municipalities; and
president of liga ng mga
barangay and pederasyon ng
mga sanggunian kabataan
(ii)
panlungsod
barangay and the pederasyon
ng mga SB
(iii)
bayan
barangay and the pederasyon
ng mga sanggunian kabataan
Date of Election - Every 3 years on 2nd Monday
of May, unless otherwise provided by law.
Term of Office
Requisites of Valid Municipal

Contracts
1. LGU has express, implied,
or
inherent power to enter into a
particular contract
2. Entered into by proper department,
board, committee, or agent
3. Must comply with substantive
requirements
4. Must
comply
with
formal
requirements
5. In case entered into by local chief
executive on behalf of LGU, prior
authorization
by
Sanggunian
concerned is needed
6. To exercise such other powers as
granted to corporation, subject to
limitations provided in Local
Government Code of 1991 and other
laws.
MANNER OF ELECTION
I N
1.Three years starting from noon of June 30 next

following the election or such date as may be
provided by law, except that of elective barangay
officials.
2.No local elective official shall serve for more than
three (3) consecutive terms in the same position.
Requisites:
1. That the official concerned has been
elected for three consecutive terms in
the same local government post
2. That he has fully served three
consecutive terms.
3.Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of service for the full
term for which the elective official concerned was
elected.
P O L I T I C A L
L A W

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Qualifications of Elective Local

Official
1.citizen of the Philippines
2.registered
voter
of
barangay,
municipality, city, province, or
district where he intends to be
elected
3.resident therein for at least 1 year
preceding the day of election
4.able to read and write Filipino or local
language or dialect
5.age:
a.23 Governor, Vice Governor,
Board Member
b.21 Mayor or Vice Mayor of
municipalities
c.18 members of municipal council
or punong barangay or member
of barangay council;
d.At least 15 but not 21
candidate
for
sanggunian
kabataan.
Disqualification of Elective Local
Official
1.sentenced by final judgment for
offense involving moral turpitude or
punishable by 1 year or more of
imprisonment within 2 after service
of sentence
2.those removed from office due to
administrative cases
3.those convicted by final judgment for
violating oath of allegiance to the
Republic
4.those with dual citizenship
5.fugitives from justice in criminal or
non-political cases here or abroad
6.permanent resident in foreign country
7.Insane or feeble-minded
Exclusive Grounds for Disciplinary
Actions (cucasoda)
1.culpable violation of the Constitution;
2.unauthorized
absence
for
15
consecutive working days except
sanggunian members
3.commission of offense involving moral
turpitude or offense punishable by at
least prision mayor
4.abuse of authority
I N
P O L I T I C A L
L A W
5.such other grounds as may be provided in EC

and other laws
6.oppression, dishonesty, misconduct in office,
gross negligence or dereliction of duty
7.disloyalty to the Republic
8.application for, acquisition of , foreign
citizenship or residence or status of an
immigrant of another country
Filing of Administrative Complaints

A verified complaint against any erring local
elective official shall be prepared as follows:
(a) A complaint against any elective official of a
province shall be filed before the Office of the
President
(b) A complaint against any elective official of a
municipality shall be filed before the sangguniang
panlalawigan whose decision may be appealed to
the Office of the President
(c) A complaint against any elective barangay
official shall be filed before the sangguniang
panlungsod or sangguniang bayan concerned
whose decision shall be final and executory.
Preventive Suspension
Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective
official of a province
(2) By the governor, if the respondent is an elective
official of a component city or municipality
(3) By the mayor, if the respondent is an elective
official of the barangay
Administrative Appeals
Decisions in administrative cases may, within thirty
(30) days from receipt thereof, be appealed to the
following:
(a) The sangguniang panlalawigan, in the case of
decisions of the sangguniang panlungsod of
component cities and the sangguniang bayan
(b) The Office of the President, in the case of
decisions of the sangguniang panlalawigan and the
P O L I T I C A L
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sangguniang panlungsod of highly

urbanized cities and independent
component cities. Decisions of the Office of
the President shall be final and executory.
RECALL
1.The power of recall for loss of confidence
shall be exercised by the registered voters of
a local government unit to which the local
elective official subject to such recall
belongs.
2. The recall of any elective provincial, city,
municipal or barangay official shall be
commenced by a petition of a registered
voter in the local government unit
concerned and supported by the registered
voters in the local government unit
concerned during the election in which the
local official sought to be recalled was
elected
3.All pending petitions for recall initiated
through the Preparatory Recall Assembly
shall be considered dismissed. (RA 9244
An Act Eliminating the PRA as a mode of
Instituting Recall)
I N
P O L I T I C A L
L A W
may directly propose, enact or amend any

ordinance)
1. It may be exercised by all registered voters of the
provinces, cities, municipalities, and barangays.
2. The power of local initiative shall not be
exercised more than once a year.
3. Initiative shall extend only to subjects or matters
which are within the legal powers of the
sanggunian to enact.
4. If at any time before the initiative is held, the
sanggunian concerned adopts in toto the
proposition presented and the local chief executive
approves the same, the initiative shall be canceled.
However, those against such action may, if they so
desire, apply for initiative in the manner herein
provided.
5.Any proposition or ordinance approved through
the system of initiative and referendum as herein
provided shall not be repealed, modified or
amended by the sanggunian concerned within six
(6) months from the date of the approval thereof,
and may be amended, modified or repealed by the
sanggunian within three (3) years thereafter by a
vote of three-fourths (3/4) of all its members:
Provided, That in case of barangays, the period
shall be eighteen (18) months after the approval
thereof.
The Barangay
4. The elective local official sought to be

recalled shall not be allowed to resign while
the recall process is in progress.
1.
5.Limitations on Recall
a. Any elective local official may be the
subject of a recall election only once during
his term of office for loss of confidence.
b. No recall shall take place within one (1)
year from the date of the official's
assumption to office or one (1) year
immediately preceding a regular local
election.
Local referendum is the legal process
whereby the registered voters of the local
government units may approve, amend or
reject any ordinance enacted by the
sanggunian.
2.
3.
Local Initiative (the legal process

whereby the registered voters of an LGU
P O L I T I C A L
Chief Officials and Offices: There

shall be in each barangay a punong
barangay, seven sangguniang barangay
members, the sangguniang kabataan
chairman, a brgy secretary, and a brgy
treasurer. There shall also be in every
brgy a lupong tagapamayapa. The
Lupon shall exercise administrative
supervision over the conciliation panels.
Katarungang Pambarangay: (a)
Lupong tagapamayapa- composed of
punong brgy and 10-20 members. The
lupon shall be constituted every three
years. (b) Pangkat ng Tagapagkasundocomposed of three members who shall
be chosen by the parties to the dispute
from the list of members of the lupon.
Sangguniang Kabataan: composed
of a chairman, seven members, a
secretary, and a treasurer. An official
who, during his term of office, shall have
passed the age of 21 shall be allowed to
serve the remaining portion of the term
for which he was elected.
L A W

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Fiscal Autonomy means that local

governments have the power to create their
own sources of revenue in addition to their
equitable share in the national taxes
released by the national government, as well
as the power to allocate their resources in
accordance with their own priorities.
I N
P O L I T I C A L
L A W
ranking as defined herein. [Ranking in the

sanggunian shall be determined on the basis of the
proportion of votes obtained by each winning
candidate to the total number of registered voters
in each district in the immediately preceding local
election. (Note: the number of voters who actually
voted is should not be taken into consideration)]
* The successors shall serve only the unexpired
terms of their predecessors
VACANCIES AND SUCCESSION

Permanent Vacancies in the Sanggunian
Permanent Vacancies in the Offices of
the Governor, Vice-Governor, Mayor
& Vice-Mayor
1. Permanent vacancies in the sanggunian shall be

filled by appointment in the following manner:
A permanent vacancy arises when an

elective local official:
(1) The President, through the Executive

Secretary, in the case of the sangguniang
panlalawigan
1. fills a higher vacant office

(2) The governor, in the case of the
sangguniang bayan
2. Refuses to assume office

3. Fails to qualify
(3) The city or municipal Mayor, in the case

of
sangguniang
barangay,
upon
recommendation of the sangguniang
barangay concerned.
4. Dies
5. Is removed from office
6. Voluntarily resigns
7. Permanently incapacitated to discharge
the functions of his office.
Rules on Succession in cases of
Permanent vacancy
1.If a permanent vacancy occurs in the
office of the governor or mayor, the vicegovernor or vice-mayor concerned shall
become the governor or Mayor.
2. If a permanent vacancy occurs in the
offices of the governor, vice-governor,
mayor, or vice-mayor, the highest ranking
sanggunian member or, in case of his
permanent inability the second highest
ranking sanggunian member, shall become
the governor, vice-governor, Mayor or vicemayor, as the case may be.
3.Subsequent vacancies in the said office
shall be filled automatically by the other
sanggunian members according to their
2. Except for the sangguniang barangay, the

appointee shall come from the same political party
as that of the sanggunian member who caused the
vacancy. A nomination and a certificate of
membership of the appointee from the highest
official of the political party concerned are
conditions sine qua non. (The appointing
authority is limited to the appointment of
those recommended to him)
3. In case the permanent vacancy is caused by a
sanggunian member who does not belong to any
political party, the local chief executive shall, upon
recommendation of the sanggunian concerned
(refers to the sanggunian in which the
vacancy is created), appoint a qualified person
to fill the vacancy.
Temporary Vacancy in the Office of the
Local Chief Executive
-When the governor, city or municipal mayor, or
punong barangay is temporarily incapacitated to
perform his duties for physical or legal reasons such
as, but not limited to, leave of absence, travel
abroad, and suspension from office, the vice-
P O L I T I C A L
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governor, city or municipal vice-mayor, or

the highest ranking sangguniang barangay
member shall automatically exercise the
powers and perform the duties and
functions of the local chief executive
concerned, except the power to appoint,
suspend, or dismiss employees which can
only be exercised if the period of temporary
incapacity exceeds thirty (30) working days.
I N
P O L I T I C A L
L A W
arising out of contracts or any other source

of prestation involving LGU, shall be
governed by original terms and conditions
of said contracts or law in force at time such
rights were vested
6.Resolution of controversies arising under LGC
of 1991 where no legal provision or
jurisprudence applies, resort may be had to
customs and traditions in place where
controversies take place.
LOCAL GOVERNMENT CODE OF 1991

(R.A. 7160)
PUBLIC INTERNATIONAL LAW
Effectivity: January 1, 1992

Declaration of Policy under RA 7160
1.Territorial and subdivisions of State
shall enjoy genuine and meaningful
local autonomy to enable them to
attain fullest development and make
them more effective partners in
attaining national goals;
2.Ensure accountability of LGUs
through institution of effective
mechanisms of recall, initiative and
referendum
3.Require all national agencies and
offices
to
conduct
periodic
consultations
with
appropriate
LGUs,
NGOs
and
Peoples
Organizations and other concerned
sector of community before any
project or program is implemented
in their respective jurisdictions.
Rules on Interpretation with regard
to LGUs
1.provision
on
power:
liberally
interpreted in favor of LGU; in case
of doubt, resolved in favor of
devolution of powers
2.ordinance or revenue measure:
construed strictly against LGU
enacting it and liberally in favor of
tax payer
3.tax exemptions or relief granted by
LGU: construed against person
claiming
4.general welfare provisions: liberally
interpreted to give more powers to
LGUs in accelerating economic
development and upgrading quality
of life for people in community
5.rights and obligations existing on date
of effectivity of LGC of 1991 and
International Law - is that branch of public law,

which deals with the conduct of states and of
international organizations and with their relations
inter se, as well as with some of their relations with
persons, whether natural or juridical.
Divisions of International Law
1. laws OF PEACE- governs the normal
relations of States
2. laws OF WAR - rules during periods of
hostility
3. laws OF NEUTRALITY- rules governing
States not involved in the hostilities
Functions of International law
1. promote international peace and security;
2. foster friendly relations among nations and
discourage use of force in resolution of
difference among them;
3. provide for orderly regulation of conduct of
states in their mutual dealings; and
4. Ensure international cooperation in pursuit
of certain common purposes of economic,
social, cultural, or humanitarian character.
International Law vs. Municipal Law
INTERNATIONAL MUNICIPAL
LAW
LAW
Law of Coordination Law
of
subordination
Regulates relation of
states and other
international
persons
P O L I T I C A L
Regulates
relation
of
individuals
among
themselves
or
with their own
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states
Derived principally
from
treaties,
international
customs and general
principles of law
Consists mainly
of
statutory
enactments, and
to lesser extent
executive orders
and
judicial
pronouncements
Resolved thru state- Redress

thru
to-state transactions local
administrative
and
judicial
processes
Collective
responsibility
because it attaches
directly to the state
and not to its
nationals
Breach of which
entails
individual
responsibility
Sources of International Law

A. Primary
1. TREATY
/
INTERNATIONAL
CONVENTIONS create law for the
states parties thereto and may lead to
the creation of customary international
law which such agreements are intended
for adherence by states generally and are
in fact widely accepted.
Two views regarding Municipal Law
a. DOCTRINE
OF
TRANS
FORMATION- treaties do not
become part of the law of the state
unless it is consented to by the state.
b. DOCTRINE
OF
INCORPORATION - rules of
international law form part of the
law of the land and no further
legislative action is needed to make
such rules applicable in the domestic
sphere.
2. INTERNATIONAL
CUSTOM
results from a general and consistent
I N
P O L I T I C A L
L A W
practice of states followed by them from a sense

of legal obligation.
Elements
1. STATE PRACTICE a consistent and
uniform external conduct of States.
Generally, both what states say and
what they do are considered state
practice.
2. OPINIO JURIS - It is the belief that a
certain form of behavior is obligatory, is
what makes practice an international
rule.
Instant Custom this is not a product of
constant and prolonged practice. It comes about as
a spontaneous activity of a great number of states
supporting a specific line of action.
3. GENERAL PRINCIPLES OF LAW Rules
which, because of their intrinsic merit, have been
accepted and are being observed by the majority of
civilized states. (E.g. prescription, estoppel, and
pacta sunt servanda)
B. Secondary
1. JUDICIAL DECISIONS - a subsidiary means
for the determination of rules of law (e.g.,
determining what rules of customary IL exist)
that is acceptable so long as they correctly
interpret and apply int'l law.
Note: Even decisions of national courts, when
applying int'l law, are acceptable. Ex. Principles
on diplomatic immunity have been developed
by judgments of national courts.
2. TEACHINGS OF PUBLICISTS - The word
'Publicist' means 'learned writer.' Learned
writings, like judicial decisions, can be evidence
of customary law, and can also play a subsidiary
role in developing new rules of law.
Two requisites:
1. Fair and impartial representation of law.
2. by an acknowledged authority in the field.
SUBJECTS OF INTERNATIONAL LAW are
entities endowed with rights and obligations in the
international order and possessing the capacity to
take certain kinds of action on the international
plane; and include (vimcubis):
a. The Vatican
b. Individuals, to a certain extent.
P O L I T I C A L
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h.
A I D
Mandates
and
trust
territories;
Colonies and dependencies;
The United Nations;
Belligerent communities
International
administrative bodies; and
States (independent and
dependent)
OBJECTS OF INTERNATIONAL LAWare those who indirectly have rights under,

or are beneficiaries of international law
through subjects of international law
I N
P O L I T I C A L
L A W
government and capable of entering

international relations with other states.
into
Independent state- is one that has full freedom

in the direction of its affairs, both domestic and
foreign. It may be either simple (one where the
direction of domestic and foreign affairs is placed in
a central authority) or composite (consists of two
or more states, each with its own separate
government but bound under one central authority
exercising to a greater or less extent control over
their external relations and thus forming a separate
international person)
Creation of states (parusa)
Sovereignty vs. Independence

SOVEREIGNTY
- Broader term.
- It refers to the
supreme
and
uncontrollable
power inherent in
the State by which
such
State
is
governed. It has 2
aspects:
1.)INTERNALfreedom of the
State to manage
its own affairs.
2.)EXTERNALfreedom of the
State to direct
its
foreign
affairs.
INDEPENDENCE
- Synonymous with
external
sovereignty. It is
defined
as
the
power of a State to
manage its external
affairs
without
direction
or
interference from
another State.
1.
2.
3.
4.
5.
6.
peaceful acquisition of independence

agreement
revolution
unification of several states
secession
attainment of civilization
Fundamental Rights of a State
a. right of existence and self-defense

Aggression: the use of armed force by a
state against the sovereignty, territorial
integrity or political independence of
another state or in any manner inconsistent
with the UN Charter.
Intervention- an act by which a state
interferes with the domestic or foreign
affairs of another state through the use of
force or threat of force
Drago Doctrine- a public debt cannot

give rise to the right of intervention
[qualification: the debtor state should not
refuse or neglect to reply to an offer of
arbitration, or, after accepting the offer,
prevent any compromis from being agreed
upon, or, after the arbitration, fail to submit
to the award-Porter Resolution]
Conditions for the Proper Exercise of

the Right to Self-Defense
1. armed attack
2. self-defensive action taken by the
attacked state must be reported
immediately to the Security Council
3. Such action shall not in any way
affect the right of the Security
Council to take at any time such
action as it deems necessary to
maintain or restore international
peace and security.
BELLIGERENT COMMUNITY - group

of rebels under an organized civil
government who have taken up arms
against the legitimate government
STATE is a group of people, living
together in a fixed territory, organized for
political ends under an independent
b. right of independence
c. right of equality
d. right of property and jurisdiction
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e. right of legation
persona non grata to it for any reason.

Where the demand is rejected by the
sending state, the receiving state may resort
to the more drastic method of dismissal, by
means of which the offending diplomat is
summarily presented with his passport and
asked to leave the country.)
Legation- is the right of a state to maintain

diplomatic relations with other states.
Types
1. Active- right to send diplomatic
representatives
2. Passive- right to receive diplomatic
representatives
Diplomatic immunities and privileges
1. Shall not be liable to any form of
arrest and detention.
2. Shall enjoy immunity form the
criminal, civil, and administrative
jurisdiction of the receiving state,
except in certain cases as, for
example, when the civil action deals
with property held by him in a
private or proprietary capacity
3. The diplomatic premises shall be
inviolable.
4. The archives and documents of the
mission shall be inviolable at any
time and wherever they may be.
5. The receiving state shall permit and
protect free communication on the
part of the mission for all official
purposes
6. Subject to its laws and regulations
concerning national security, the
receiving state shall insure to all
members of the mission freedom of
movement and travel in its territory.
7. A diplomatic agent is not obliged to
give evidence as a witness.
8. A diplomatic agent shall be exempt
from all dues and taxes, except in the
imposition of indirect taxes.
9. Shall have the right to use the flag
and emblem of the sending state on
the premises of the mission.
Termination of Diplomatic Mission
1.
2.
3.
4.
5.
6.
death
resignation
removal
accomplishment of the purpose
abolition of office
Recall and dismissal (Recall may be
demanded by the receiving state
when the foreign diplomat becomes
L A W
Kinds of Consuls
1.
Consules Missi- nationals of the sending
state and are required to devote their full time to
the discharge of their duties
2. Consules Electi- may or may not be nationals
of the sending state and perform their consular
functions only in addition to their regular callings.
Principal Sources of Consuls Authority
1. lettre de provision- commission issued
by the sending state
2. exequatur- permission given them by the
receiving state to perform their functions
Components of the Territory of a State:
a. terrestrial- land mass on which the people
live
b. Maritime- bodies of water within the land
mass and the waters adjacent to the coasts
of a state to a specified limit
c. Aerial- airspace above the territorial
domain and the fluvial domain of the state,
to the limits of the atmosphere. This does
not include outer space.
Archipelago Doctrine states that the waters
around, between and connecting the islands of the
archipelago, irrespective of their breadth and
dimensions, form part of the internal waters of the
Philippines.
Extinction of states (deadmop)
1.
2.
3.
4.
5.
6.
Dismemberment
Emigration en masse of its population
Annexation
Dissolution of federal union; and
Merger or Unification
Overthrow of government resulting in
anarchy;
7. Partial loss of independence
Principle of State Succession is the
substitution of one State by another, the latter
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taking over the rights and some of the

obligations of the former.
RECOGNITION
RECOGNITION
DE JURE
DE FACTO
Relatively
Provisional
permanent
Two Types of State Succession:

1. UNIVERSAL- takes place when a
State is completely annexed by
another, or is dismembered or
dissolved, or is created as a result of
merger of 2 or more States.
2. PARTIAL - takes place when a
portion of the territory of a State
loses part of its sovereignty by
joining a confederation or becoming
a protectorate or suzerainty.
(In succession of states, one state is
supplanted by another. In succession of
governments, the integrity of the original
state is not affected as what takes place is
only a change in one of its elements, the
government)
RECOGNITION - act by which a state
acknowledges existence of another state,
government or belligerent community and
indicates its willingness to deal with the
entity as such under rules of international
law.
WILSON or TOBAR DOCTRINE precludes recognition of government
established by revolution, civil war, coup
detat or other forms of internal violence
until the freely elected representatives of
people have organized a constitutional
government.
STIMSON DOCTRINE - precludes
recognition of any government established
as result of external aggression.
ESTRADA DOCTRINE Under this
doctrine, the diplomatic representatives in a
country where a political upheaval has taken
place will deal or will not deal with whatever
government is in control therein at the time
and either action shall not be taken as a
judgment on the legitimacy of the said
government.
Recognition De Jure vs. Recognition
De Facto
L A W
Vests the title to Does not vest title to

properties
of properties
of
government
government abroad
abroad
Brings about full Limited to certain
diplomatic
juridical relations
relations
Acts of State- Every sovereign state is bound to
respect the independence of every other sovereign
state, and the courts of one country will not sit in
judgment on the acts of the government of another,
done within its own territory.
Innocent Passage- means navigation through the
territorial sea of a state for the purpose of
traversing that sea without entering the internal
waters, or of proceeding to internal waters, or of
making for the high seas from the internal waters,
as long as it is not prejudicial to the peace, good
order or security of the coastal state.
Exterritoriality refers to the exemption of
persons and things from the local jurisdiction on
the
basis
of
international
custom.
Extraterritoriality applies only to persons and is
based on a treaty or convention.
Doctrine of Hot Pursuit- public vessels,
including aircraft, may continue to pursue and
apprehend on the open sea any foreign merchant
vessel which has violated its laws, provided the
pursuit is commenced while the offending vessel is
within the marginal waters or the contiguous zone
of the coastal state and such pursuit is
uninterrupted.
OUTER SPACE
Sovereignty over airspace extends only until
where outer space begins. But where is that? (There
is as yet no definite answer to that question) It is
now accepted that outer space, wherever that might
be, and celestial bodies, are not susceptible to
appropriation by any state. However, astronauts
(and cosmonauts) and their satellites and
equipments, while in outer space, remain under the
jurisdiction of the state that sent them.
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Territorial sea- is a belt of sea outwards

from the baseline and up to 12 nautical
miles beyond. (Where the application of the
12-mile rule to neighboring littoral states
would result in overlapping, the rule is that
the dividing line is a median line equidistant
from the opposite baselines. But the
equidistance rule does not apply where
historic title or other special circumstances
require a different measurement)
Exclusive Economic Zone- is the
expanse of sea extending 200 nautical miles
from the baselines of the state.
Contiguous Zone- waters measured from
the outer limits of the territorial sea and up
to 12 nautical miles beyond.
METHODS used in defining the
TERRITORIAL SEA
1. Normal baseline method Under this method, the territorial
sea is drawn from the low-water
mark of the coast to the breadth
claimed, following its sinuosities and
curvatures but excluding the internal
waters in bays and gulfs.
2. Straight baseline method Straight lines are made to connect
appropriate points on the coast
without departing radically from its
general direction. The waters inside
the lines are considered internal.
Modes of Acquiring Territory
(dopaccs)
1. Discovery and Occupation- an
original mode of acquisition by
which territory not belonging to any
state (terra nullius) is placed under
the sovereignty of the claiming state.
2. Prescription - a derivative mode
of acquisition by which territory
belonging to one state is transferred
to the sovereignty of another state by
reason
of
the
adverse
and
uninterrupted possession thereof by
the latter for a sufficiently long
period of time.
3. Accretion- mode of adding to the
territory of a state by natural
process, such as the gradual deposit
I N
P O L I T I C A L
L A W
of soil on the coast through the action of the

water, or by human labor.
4. Cession - derivative mode of acquisition by
which territory belonging to one state is
transferred to the sovereignty of another
state in accordance with an agreement
between them.
5. Conquest and Subjugation - a derivative
mode of acquisition by which the territory of
one state is conquered in the course of war
and thereafter annexed and placed under
sovereignty of the conquering state.
Treaty- is a formal agreement, usually but not
necessarily in writing, which is entered into by
states or entities possessing the treaty-making
capacity, for the purpose of regulating their mutual
relations under the law of nations.
Steps in the treaty-making process
1. Negotiation- discussion of the provisions
of the proposed treaty, undertaken by the
representatives of the contracting parties
who are provided with credentials known as
pleins pouvoirs.
2. Signature- means of authenticating the
instrument and symbolizing the good faith
of the contracting parties. (alternat is an
arrangement under which each negotiator is
allowed to sign first on the copy of the treaty
which he will bring home to his own
country)
3. Ratification- a state formally accepts the
provisions of a treaty concluded by its
representative
4. Registration with the UN
PRINCIPAL RULES OF International Law IN
CONNECTION WITH the performance of
TREATIES
1.Pacta Sunt Servanda - Every treaty in force
is binding upon the parties and must be
performed by them in good faith.
2. Rebus Sic Stantibus- A party is not
bound to perform a treaty if there has been
a fundamental change of circumstances
since the treaty was concluded. It has been
described as the exception to the rule of
pacta sunt servanda and applies only to
treaties of indefinite duration
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Rebus sic stantibus may not be

invoked as a ground for terminating
or withdrawing from a treaty:
a. if the treaty establishes a
boundary
b. If the 'fundamental change'
is the result of a breach by
the party invoking it of an
obligation under the treaty
or of any other obligation
owed to any other party to
the treaty.
3. Jus Cogens- is a rule that has the
status of a preemptory (i.e., absolute,
uncompromising)
norm
of
international law.
Elements
1.a norm accepted and recognized
2.by the int'l community of States as
a whole
3.As a norm from which no
derogation is permitted.
4.It can only be modified by a
subsequent norm having the
same character.
If a treaty, at the time of its
conclusion, conflicts with jus
cogens, it is void.
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temporary nature
4. Implementation of
treaties, statutes, wellestablished policies
B.)
must
be B) need not to be
ratified by the ratified by the Senate
2/3 of the Senate
to become valid
and effective (Art.
7, Sec 21)
State Responsibility - the
doctrine which
holds a state responsible for any injury sustained by
an alien within its jurisdiction. Because of an
international wrong imputable to it, the state will
be responsible if it is shown that it participated in
the act or omission complained of or was remiss in
redressing the resultant wrong.
Types of State Responsibility
1. Direct responsibility - attaches to the
state if the wrongful act/omission was
effected through any of its superior organs
acting on its behalf
2. Indirect
responsibility
wrongs
committed by inferior government officials
or even by private individuals which can not
be immediately regarded as acts of the state
itself. The responsibility of the state in such
cases would only be vicarious or indirect.
Examples
(1) Prohibition against the unlawful
use of force;
(2) Prohibition against piracy,
genocide, and slavery
Treaties vs. Executive Agreements
Treaties
A. Subject matter
[Code: PCI]
Executive
Agreement
A. Subject Matter
[Code: TAAI ]
1. Political Issues
2. Changes in
National Policy
3. Involve
international
arrangements of a
permanent
character
1. Have Transitory
effectivity
2.
Adjustment
of
details carrying out
well-established
national policies and
traditions
3. Arrangements of
Conditions for the Enforcement of the

Doctrine of State Responsibility
1. The injured alien must first exhaust all local
remedies
2. He must be represented in the int'l Claim
for damages by his own state (ordinarily,
individuals have no standing to bring a
claim before international law).
International Standard of Justice- is the
standard of the reasonable state and calls for
compliance with the ordinary norms of official
conduct observed in civilized jurisdictions. It may
refer to the intrinsic validity of the laws passed by
the state or to the manner in which such laws are
administered and enforced.
Calvo Clause - a provision inserted in contracts,
in which the foreigner agrees in advance not to seek
the diplomatic protection of his national State. In
general, International Courts have disregarded
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such clauses as the right to diplomatic

protection is a right which belongs to a
State, and waiver from an individual does
not bind his State.
METHODS OF SETTLING DISPUTES
[Note: Not every disagreement is a
dispute. A dispute in international law
means a disagreement on a point of law or
fact, a conflict of legal views or interests
between two persons. A disagreement
does not amount to a dispute if its
resolution would have no practical effect on
the relationship between the parties.
Examples of a dispute are: disagreements
over the interpretation of a treaty or about
state
boundaries
or
about
state
responsibility. Where the disagreement has
not ripened into an actual conflict, then
there is a situation]
L A W
compromis darbitrage. States cannot be

required to submit to arbitration unless
there is a previous agreement making
arbitration compulsory.
Three types of arbitral agreements:
1. Arbitration clause that is incorporated as part
of a treaty (commonly found in commercial
treaties)
2. Treaties whose sole function is to establish
methods for the arbitration of disputes (The
Hague Convention for the Pacific Settlement of
Disputes)
3. Ad hoc arbitral agreements (the agreement
for the settlement of claims between the US and
Iran in 1981)
f.)GOOD OFFICES (a preliminary step to
negotiation) method by which a 3rd party
attempts to bring the disputing states
together in order that they may be able to
discuss the issues in contention.
1. PEACEFUL METHODS
a.) NEGOTIATION - discussion by the
parties of their respective claims and
counterclaims with a view to the just
and orderly adjustment.
b.) INQUIRY - an investigation of the
points in question with the view that
this will contribute to the solution of
the problem
c.)MEDIATION - 3rd party actively
participates in the discussion in
order to reconcile the conflicting
claims. Suggestions of mediator are
merely persuasive
d.)CONCILIATION - 3rd party also
actively participates in order to settle
the conflict.
Suggestions of
conciliator are also not binding. As
distinguished from mediation, the
services of the conciliator were
solicited by the parties in dispute.
e.) ARBITRATION is the binding
settlement of a dispute on the basis
of law by a non-permanent body
designated by the parties. The
composition, the jurisdiction, and
the rules of procedure to be applied
are agreed upon by the parties in a
2. COERCIVE MEASURES
a.) RETORSION is any of the forms of
counter-measures in response to an
unfriendly act. (e.g. shutting of ports to
vessels of an unfriendly state)
b.) REPRISAL - an act which would normally
be illegal but which is rendered legal by a
prior illegal act committed by the State
against which the reprisal is directed; it is a
form of retaliation against the prior illegal
act. Reprisals may be used only when other
means of redress (e.g. protests and
warnings) have failed.
c.) EMBARGO- (lawful measure); this can
consist of seizure of vessels even in the high
seas. This might also be pacific, as when a
state keeps its own vessels for fear that it
might find their way in foreign territory.
d.) BOYCOTT- is a form of reprisal which
consists of suspension of trade relations
with the nationals of an offending state.
e.) NON-INTERCOURSE consists of
suspension of all commercial intercourse
with a state
f.) SEVERANCE
OF
DIPLOMATIC
RELATIONS- involves withdrawal of
diplomatic representation and consular
representation (if consular representation is
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not withdrawn, it is called

suspension of diplomatic relations)
When Use of Force against the
Territorial Integrity or Political
Independence of a State Is Justified
Under Article 2(4) of the UN Charter, all
member States are bound to refrain from
the threat or use of force against the
territorial
integrity
or
political
independence of a State.
Recognized Exceptions
1. Self-defense
2. Military action taken or authorized
by the UN or competent Regional
organizations (such as NATO).
EXTENT OF IMMUNITY GRANTED
TO FOREIGN STATES
Originally,
under
customary
international law the doctrine of absolute
state immunity applied, covering all
areas of State activity and recognizing
only very narrow exceptions.
Nowadays, the rule is to adopt a
doctrine of qualified immunity -that is, immunity is granted to foreign
States only in respect of their
governmental acts (acts jure imperii),
not in respect of their commercial acts
(acts jure gestionis).
DIPLOMATIC IMMUNITY is a
principle of customary international law
that grants immunity to diplomatic
representatives, in order to uphold their
dignity as representatives of their respective
states and to allow them free and
unhampered exercise of their functions. In
the Philippines, immunity is claimed by
request of the foreign state for endorsement
by the Department of Foreign Affairs. The
determination by the executive department
is considered a political question that is
conclusive upon Philippine Courts.
JURISDICTION OF INTERNATIONAL
COURT OF JUSTICE
1.) "Optional Clause" of the ICJ:
I N
P O L I T I C A L
L A W
The jurisdiction of the ICJ is applicable only

to disputes between states, and disputes are settled
by intl law and not by domestic law. But the Court
has jurisdiction only when a case is referred to it by
the parties.
Three ways through which states may
accept the jurisdiction of the ICJ:
1. on ad hoc basis
2. By adhering to a treaty which accepts the
jurisdiction of the court on matters of
interpretation or application of the treaty
3. By a unilateral declaration that
recognition of jurisdiction in relation to any other
state accepting the same jurisdiction in all legal
disputes. (This creates the optional system of
submitting to the jurisdiction of the Court)
The optional system is operative only for
states that may declare in advance that they
recognize the jurisdiction of the Court as
compulsory ipso facto and without special
agreement, in relation to any other State accepting
the same obligation, in all legal disputes
concerning:
a. the interpretation of a treaty;
b. any question of international law
c. existence of any fact which, if
established, would constitute breach of
international obligation; and
d. Nature or extent of reparation to be
made for breach of international
obligation.
2.) STARE DECISIS does not apply to the ICJ.
Under the statute of the Court, previous decisions
have no binding force; in practice, however, the
Court always takes past decisions into account.
EX AEQUO ET BONO- to rule in justice and
fairness -- equity overrides all other rules of law.
The ICJ has no power to decide a case ex aequo et
bono, unless all parties agree thereto.
Only States may be parties in contentious
proceedings before the ICJ
EXTRADITION is the surrender of an
individual by the state within whose territory he is
found to the state under whose laws he is alleged to
have committed a crime or to have been convicted
of a crime. It is a process that is governed by treaty.
(Deportation is the expulsion of an alien who is
considered undesirable by the local state, usually
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but not necessarily to his own state. It is the

unilateral act of the local state and is made
in its own interests)
Principles Governing Extradition
1. Principle of Speciality - a fugitive
who is extradited may be tried only
for the crime specified in the request
for extradition and such crime is
included in the list of extraditable
offenses in the treaty. (differences in
legal system can be an obstacle to
interpretation of what the crime is)
2. Political offense exceptionReligious and political offenses are
not extraditable.
3. Principle of double criminalitya crime not punished in both the
requesting and requested states is
not extraditable.
FIVE
POSTULATES
EXTRADITION
OF
1.
Extradition
Is
a
Major
Instrument for the Suppression of
Crime.
Extradition treaties are entered into for
the purpose of suppressing crime by
facilitating the arrest and the custodial
transfer of a fugitive from one state to the
other.
2. The Requesting State Will
Accord Due Process to the Accused
Our duly authorized representatives
signature on an extradition treaty
signifies our confidence in the capacity
and the willingness of the other state to
protect the basic rights of the person
sought to be extradited. That signature
signifies our full faith that the accused
will be given, upon extradition to the
requesting state, all relevant and basic
rights in the criminal proceedings that
will take place therein; otherwise, the
treaty would not have been signed, or
would have been directly attacked for its
unconstitutionality.
3. The
Generis
Proceedings
Are
Sui
I N
P O L I T I C A L
L A W
As pointed out in Secretary of Justice v.

Lantion, extradition proceedings are not
criminal in nature which will call into operation
all the rights of an accused as guaranteed by the
Bill of Rights.
4. Compliance Shall Be in Good Faith.
Our executive branch of government voluntarily
entered into the Extradition Treaty, and our
legislative branch ratified it. Hence, the Treaty
carries the presumption that its implementation
will serve the national interest. Verily, we are
bound by pacta sunt servanda to comply in
good faith with our obligations under the Treaty.
5. There Is an Underlying Risk of Flight
Persons to be extradited are presumed to be
flight risks. This prima facie presumption finds
reinforcement in the experience of the executive
branch: nothing short of confinement can ensure
that the accused will not flee the jurisdiction of
the requested state in order to thwart their
extradition to the requesting state.
Exceptions to the No Bail Rule in Case of
Potential Extradites
Only upon a clear and convincing showing:
1.that, once granted bail, the applicant will not
be a flight risk or a danger to the
community; and
2.that there exist special, humanitarian and
compelling circumstances including, as a
matter of reciprocity, those cited by the
highest court in the requesting state when it
grants provisional liberty in extradition
cases therein.
Statelessness
The condition or status of an individual who is born
without any nationality or who loses his nationality
without retaining or acquiring another. The
stateless individual is powerless to assert any right
that otherwise would be available to him under
international law were he a national of a particular
state. Any wrong suffered by him through the act or
omission of a state would be damnum absque
injuria for in theory no state has been offended and
no international delict committed. The stateless
person is entitled to right to religion, access to
courts, elementary education, rationing of products
in short supply, and treatment no less favorable
than that accorded aliens in general
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War-is an armed contention between the

public forces of states or other belligerent
communities, implying the employment of
force between the parties for the purpose of
imposing their respective demands upon
each other. It may exist even without the use
of force, as when one state formally refuses
to be governed by the laws of peace in its
relations with another state even if actual
hostilities have not taken place between
them.
Principles underlying the Laws of
War
1. Principle of military necessity- the
belligerents may employ any amount and
kind of force to compel the complete
submission of the enemy with the least
possible loss of lives, time, and money.
2. Principle of Humanity- prohibits the
use of any measure that is not absolutely
necessary for the purposes of war such as
the employment of dum-dum or poisoning
of wells and weapons.
3. Principle of Chivalry- is the basis of
such rules as those that require the
belligerents to give proper warning before
launching a bombardment or prohibit the
use of perfidy in the conduct of hostilities.
Right of Postliminium- is the right by
which persons or things taken by the enemy
are restored to the former to the former
state on coming actually into the power of
the nation to which they belong.
War may be terminated:
1. by simple cessation of hostilities
2. by the conclusion of a negotiated treaty of
peace
3. by the defeat of one of the belligerents.
Neutrality- is the condition of a state that
does not take part, directly or indirectly, in a
war between other states. It is terminated
when the neutral state itself joins the war or
upon the conclusion of peace.
Contraband- is the term applied to goods
which, although neutral property, may be
seized by a belligerent because they are
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useful for war and are bound for a hostile

destination.
(Absolute
Contraband
is
necessarily useful for war under all circumstances,
like rifles and ammunition while Conditional
Contraband has both civilian and military uses,
like food and clothing)
Blockade- is a hostile operation by which the
vessels and aircrafts of one belligerent prevent all
other vessels, including those of neutral states,
from entering or leaving the ports of the other
belligerent, the purpose being to shut off the place
from international commerce and communication
with other states.
Principal Purposes of United Nations:
1. To maintain international peace and security.
2. To develop friendly relations among nations
based on respect for the principle of equal rights.
3.To achieve international cooperation in solving
international problems of an economic,
social,
cultural or humanitarian character.
4. To be a center for harmonizing the actions
of
nations in the attainment of these common ends.
Principal Organs of the UN
A. General Assembly- consists of all the
members of the UN, each of which is entitled to
send no more than five delegates and five alternates
and as many technical and other personnel as it
may need. It is the central organ of the UN.
(Important Questions include recommendations
concerning international peace and security,
election of members of the Councils, admission and
expulsion of members and suspension of the rights
and privileges of membership)
B. Security Council- is the organ responsible for
the maintenance of international peace and
security. It is composed of 15 members, five of
which are permanent. The big-five are China, US,
UK, France & Russia.
C. Intl Court of Justice
D. Economic and Social Council
E. Trusteeship Council
F. Secretariat- chief administrative organ of the
UN; headed by a Secretary-General
Double Veto
In all non-procedural matters (those that
may require the Security Council under its
responsibility of maintaining world peace to
invoke measures of enforcement) each
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permanent member is given a 'veto' - a

Security Council decision is ineffective if
even one permanent member votes
against it. The veto does not ordinarily
apply to Procedural matters (include
questions relating to the organization
and meetings of the Council and
participation of states parties to a dispute
in the discussions of the Security
Council).
However, a permanent
member may exercise a 'double veto'
when it vetoes any attempt to treat a
question as procedural, and then proceed
to veto any draft resolution dealing with
that question.
P O L I T I C A L
L A W

Page 96 of 96

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M E M O R Y

CBO OVER-ALL CHAIRPERSON: Evangeline Co

2.Assign to the several departments their respective

D. Effectivity of the 1987 Constitution

3. Constitution written instrument by

ADVISER: Atty. Rene B. Gorospe

2.State vs. Government

i.De jure has rightful title but no power

a. Inhabitants (Art. XIII, Sec. 1;

3.Government institution or aggregate

Meaning of the word

2.Territory fixed portion of the surface

Doctrine of Parens Patriae

ii.De facto government of fact; actually

i.De facto proper government that gets

established by the inhabitants of the country

ADVISER: Atty. Rene B. Gorospe

The political laws of the former

DOCTRINE OF STATE IMMUNITY

ADVISER: Atty. Rene B. Gorospe

contract by a foreign State with a private

2. Very Essence of Sovereignty

1. National Government (Art. XVI, Sec. 3)

Doctrine of state immunity applies to

By consenting to be sued, the State

The mere act of entering into a

DOCTRINE OF SEPARATION OF POWERS

ADVISER: Atty. Rene B. Gorospe

republican institutions; secure action,

authority by defining legislative policy and

C. System of Checks and Balances

1. general rule: what has been delegated

Power of promoting public welfare by restraining

ADVISER: Atty. Rene B. Gorospe

3. Limitations on the Exercise of Power of

It is the governments right to appropriate,

3. Requisites for Exercise

a. Due Process of Law tax should not be

Sec. 28(2), of the Constitution or

ART. I NATIONAL TERRITORY

ADVISER: Atty. Rene B. Gorospe

the waters enclosed thereby as internal

a. Renunciation of war as an instrument of

Congress is empowered to declare

A. REPUBLICANISM (Art. II, Sec. 1)

Every State, by reason of its

1.Republican Government democratic

Doctrine of AUTO LIMITATION- it

a. Existence of bill of rights (Art. III)

3. Sovereignty, How Exercised

C. SUPREMACY OF CIVILIAN AUTHORITY

1. Three Aspects of the Incorporation

ADVISER: Atty. Rene B. Gorospe

Constitution, which is the

to existence and self-preservation.

The Armed Forces of The

Purpose is to delineate the

This provision is specifically

F. SOCIAL JUSTICE (Art. II, Secs. 9, 10, 11,

D. DEFENSE OF THE STATE (Art. II,

1. Definition of Social Justice

ADVISER: Atty. Rene B. Gorospe

equilibrium in the interrelations of the