POLITICAL LAW

(J. Nachura)
just in case d nila mkuha yung tips eto yung topic, clamping of wheels traffic ordinance,
tagolino case, up vs dizon, non-refoulment, qualification of vp, appointment to office after 1 year
of a lost brgy election candidate, manzano case, denial by comelec div of a motion for recon
of dismissal of appeal, chr grant of immunity, appointment of judges to admin agencies,
reclassification of lands thru mere resolution, tour of duty of afp chief of staff, giling vacancy in
sanggunian,

Refugees- Any person who is outside the country of his nationality, or if he has no nationality, the
country of his former habitual residence, because he has or had well-founded fear of prosecution
by reason of his race, religion, nationality or political opinion and is unable or, because of fear, is
unwilling to avail himself of the protection of the government of the country of his nationality, or if
he has no nationality, to return to the country of his former habitual residence.- Essential
Elements:1. outside the country of his nationality or if stateless, outside the country of his habitual
residence
2.

lacks national protection

3.

fears persecution
- treated as a stateless individual de jure or de facto
- Refugee Convention of 1951: does not deal with admission but with non- refoulment (no
contracting state shall expel or return a refugee in any manner whatsoever, to the frontiers of
territories where his life or freedom is threatened. The state is under obligation to grant him
temporary asylum)

Vice-President Qualifications
1

natural-born citizen

registered voter

able to read and write

on the day of the election, at least 40 years old

resident of the Philippines for at least 10 years immediately preceding such

election

Term: No VP shall serve for more than 2 successive terms.

Vacancy in VP- President shall nominate a VP from among members of Senate and HouseAssume office upon confirmation by a majority vote of all Members of

IV. LOCAL OFFICIALS

Provisions applicable to elective and appointive local officials1. Prohibited Business and
Pecuniary Interest
Unlawful for any local government official/EE, directly or indirectly, to:1. engage in any
business transaction with the LGU which he is an official or employee or over which he has the
power of supervisions
2. hold such interest in any cockpit or other games licensed by the LGU3. purchase any real
estate or other property forfeited in favor of the LGU for unpaid taxes or by virtue of legal process
at the instance of LGU
4. be a surety for any person contracting or doing business with the LGU for which a surety is
required5. possess or use any public property of the LGU for private purpose
6. prohibitions and inhibitions prescribed in RA 6713
2. Practice of Profession1. GOVERNORS, CITY and MUNICIPAL MAYORS are prohibited from
practicing their profession or engaging in any occupation other than the exercise of their function.
2. SANGGUNIAN MEMBERS may practice their profession, engage in any occupation, or teach
in schools EXCEPT during session hours. Provide that those who are also MEMBERS of the
BAR shall NOT:1. appear as counsel before any court in any civil case wherein the LGU is the
adverse party2. appear as counsel in any criminal case wherein an officer or EE of the national or
local government is accused of an offense committed in relation to his office3. collect any fee for
their appearance in administrative proceedings involving the LGU4. use property and personnel
of the government except when the sanggunian member is defending the interest of the
government. Prohibition against private practice, if such practice represents interests adverse
to the government.3. DOCTORS of medicine may practice their profession even during OFFICIAL
HOURS of work only on occasions of

emergency. Provided they do not derive monetary compensation.

3. Prohibition Against Appointment1. not eligible for appointment/designation in any capacity to
any public office/position during his tenure. Shall not hold any other office or employment in the
government, unless otherwise allowed by law or the primary functions of the office.2. no
candidate who lost in any election shall, within one year after such election be appointed to any
office in the government Except: losing candidates in barangay elections
Human Rights
The Commission on Human Rights
Composition
Chairman
4 Members

 Qualifications
1.

natural-born

2.

majority of whom shall be members of the Bar

Term of office and other disqualification and disabilities of the members shall be provided by
law.
The power to appoint the Chairman and members of the Commission is vested in the
President, without need of confirmation by the Commission on Appointments.
CHR does not enjoy fiscal autonomy. It does not belong to the species of constituent
commissions.
Powers and Functions:
1. jurisdiction or adjudicatory powers and not meant to be another court or quasi- judicial
agencies in this country
2. may investigate

E
E

receive evidence
make findings of fact as regards claimed human rights violations involving civil and
political rights but fact-finding is not adjudication, and cannot be likened to the judicial function
of a court of justice, or even a quasi-judicial agency or official 3. cannot issue writs of injunction or
a restraining order against supposed violators of human rights, not being a court of justice.

Quasi-Judicial or Adjudicatory Powers- Proceedings partake of the character of judicial

proceedings- Administrative due process
right to hearing
tribunal must consider evidence presented
decision must have something to support itself
evidence must be substantial
decision must be based on the evidence adduced at the hearing or at least contained in
the record and disclosed to the parties
the Board or Judges must act on its or independence consideration of the facts and the
law of the case, and not simply accept the views of a subordinate in arriving at a decision
decision must be rendered in such a manner that the parties to the controversy can know
the various issues involved and the reasons for the decision rendered
- In forfeiture proceeding, where the owner of the allegedly prohibited article is known, mere

posting of the notice of hearing in the Bulletin Board does not constitute compliance.
- Due process demands that the person be duly informed of the charges against him. He cannot
be convicted of an offense with which he was not charged.
Party be afforded reasonable opportunity to be heard and to submit any evidence he may have
in support of the defense. In administrative proceedings, it means the opportunity yto explain
ones side or opportunity to seek a reconsideration of the action or ruling complained of; a formal
or trial-type hearing is not, at all times, necessary.
Requirement of notice and hearing in termination cases does not connote full adversarial
proceedings, as actual adversarial proceedings become necessary only for clarification or when
there is a need to propound searching questions to witnesses who give vague testimonies.
Procedural right which employee must ask for since it is not an inherent right. Summary
proceedings may be conducted - Administrative due process dies not necessarily require the
assistance of counsel. - In a request for extradition, the prospective extradite does not face a
clear and present danger of loss of property or employment, but of liberty itself.
He is entitled to the minimum requirements of notice and opportunity to be heard.- The
standard of due process that must be met in administrative tribunals allows a certain latitude as
long as the element of fairness is not ignored; even in the absence of previous notice, there is no
denial of due