Nachura Reviewer

Nachura Notes Constitutional Law
I. GENERAL PRINCIPLES
2. Purpose
a. Prescribe permanent framework of a system
of government;
b. Assign to several departments their respective
powers and duties
c. Establish certain first principles on which the
government is founded
A. 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.
B. Scope/Division
1. Constitutional Law study of the maintenance
of the proper balance between authority as
represented by the 3 inherent powers of the State
and liberty as guaranteed by the Bill of Rights
3. Classification
a. Written precepts are embodied in one
document/ set of documents
Unwritten rules which have not been
integrated into a single, concrete
form but are
scattered in various sources (statutes, judicial
decisions,
commentaries,
customs
and
traditions, common law principles).
b. Enacted (Conventional) formally struck off at
a definite time and place following a conscious or
deliberate effort taken by a constituent body or
ruler.
Evolved (Cumulative) result of political
evolution, changing by
accretion rather than
by any systematic method.
c. Rigid amended only by formal and usually
difficult process
Flexible changed by ordinary legislation
2. Administrative Law Fixes the organization of

the government;
Determines the competence of the
administrative authorities who execute the law; and
Indicates to the individuals remedies for the
violation of his right.
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Law
C. Basis of the Study
1. 1935 and 1973 Constitution
2. 1986 Constitution
3. Other organic laws made to apply in the
Philippines
4. Statutes, EOs and decrees, judicial decisions
5. US Constitution
4. Qualities of a good written Constitution

a. Broad comprehensive enough to provide for
every contingency
b. Brief confine to basic principles to be
implemented
c. Definite to prevent ambiguity
II. THE PHILIPPINE CONSTITUTION

5. Essential parts of a good written Constitution
a. Constitution of Liberty sets forth the civil and
political rights of the citizens and imposing
limitations on the powers of the government
b. Constitution of Government outlines the
organization of the government; enumerates its
powers; and lay down rules relative to its
administration
c. Constitution of Sovereignty points out the
mode or procedure in accordance with formal
changes in the fundamental law may be brought
about
A. Nature of the Constitution

1. Definition
a. The body of rules and maxims in accordance
with which the powers of sovereignty are habitually
exercised.
b. That written instrument enacted by the direct
action of the people,
by which the fundamental powers of the
government are established, limited and defined;
and by which those powers are distributed
among several departments for
their safe and
useful exercise
for the benefit of the body
politic.
6. Interpretation/Construction of the Constitution

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a. Verba legis: given their ordinary meaning except

where technical terms are employed
b. Ratio legis et anima: ambiguity intent of the
framers, bearing in mind the objects sought to be
accomplished and evils sought to be prevented;
doubtful provision shall be examined in light of the
history of the times and the conditions and
circumstances under which the Constitution was
framed
c. Ut magis valeat quam pereat: Constitution to be
interpreted as a whole
- Safer to construe the Constitution from what
appears upon its face. If, however, the plain
meaning of the word is not found to be clear, resort
to other aids is available.
- In case of doubt, consider provisions as selfexecuting; mandatory rather than directory; and
prospective rather than retroactive.
- Self-executing provisions: one that lays down
principle is usually not self-executing. That which is
complete in itself and becomes operative without
the aid of supplementary or enabling legislation, or
that which supplies a sufficient rule by means of
which the right it grants may be enjoyed or
protected, is self-executing.
- Self-executing if the nature and extent of the
right conferred and liability imposed are fixed by
the Constitution itself.
- Section 26, Article II of the Constitution does
NOT contain judicially enforceable constitutional
rights.
a. Proposal
- Congress, of ALL its members understood
as of Senate and of HRs
- Constitutional Convention, called into
existence by 2/3 a vote of all the members of
Congress with the question of whether or not to call
a convention to be resolved by the people in a
plebiscite
- People through Power of Initiative, petition of
at least 12% of the total number of registered voters,
of which every legislative district must be
represented by at least 3% of the registered voters
therein power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for that
purpose
Limitation: No amendment w/in 5 years
following the ratification of this Constitution nor
more than once every five years thereafter.
3 systems of initiative:
(1) Initiative on the Constitution
(2) Initiative on Statutes
(3) Initiative on Local Legislation
- Choice of method of proposal is within the full
discretion of the legislature
- 3 Theories on the position of a Constitutional
Convention vis--vis the regular departments of
government
(1) Theory of Conventional Sovereignty
(2) Convention is inferior to other departments
(3) Independent of and co-equal to the other
departments
b. Ratification
- Ratified by a majority of the votes cast in a
plebiscite held not earlier than 60 nor later than 90
days after the approval of the proposal by Congress
or the Constitutional Convention, or after the
certification by the COMELEC of the sufficiency of
the initiative.
- Doctrine or proper submission: Constitution
prescribes the time frame within which the
plebiscite is to be held, there can no longer be any
question on whether the time given to the people to
determine the merits and demerits of the proposed
amendment is adequate.
- Plebiscite may be held on the same day as a
regular election.
- Entire Constitution must be submitted for
ratification at one plebiscite only.
B. Brief Constitutional History

1. Malolos Constitution
2. American Regime and Other Organic Acts
4. Japanese Occupation
C. Amendment
1. Amendment isolated or piecemeal change in
the Constitution
Revision revamp or rewriting of the entire
instrument
2. Legislative Power merely provides details for
implementation
3. Steps
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- The people have to be given a proper frame of

reference in arriving at their decision.
4. Judicial Review of Amendments issue is
whether or not the constitutional provisions had
been followed.
- A taxpayer, or group of taxpayers, is a proper

party to question the validity of a law appropriating
public funds.
- 2 Requisites for Taxpayers Suit:
(1) Public funds are disbursed by a political
subdivision or instrumentality
(2) A law is violated or irregularity is committed
(3) Petitioner is directly affected by the ultra vires
act
- The Government is a proper party to question
the validity of its own laws, because more than any
one, it should be concerned with the
constitutionality of its acts
The established rule is that a party can question
the validity of a statute only if, as applied to him, it
is unconstitutional.
Exception: Facial Challenge, when it operates in
the area of freedom of expression.
Overbreadth Doctrine: permits a party to
challenge the validity of a statute even though, as
applied to him, it is not unconstitutional, but it
might be if applied to other not before the Court
whose activities are constitutionally protected.
Invalidation of the statute on its face, rather
than as applied is permitted in the interest of
preventing a chilling effect on freedom of
expression.
Facial challenge is the most difficult challenge
because the challenge must establish that no set of
circumstances exists under which the act would be
valid.
- The constitutional question must be raised at the
earliest possible opportunity
- The decision on the constitutional question must
be determinative of the case itself.
- Bars judicial inquiry into a constitutional
question unless the resolution is indispensable to the
determination of the case.
- Every law has in its favor the presumption of
constitutionality, and to justify its nullification,
there must be a clear and unequivocal breach of the
Constitution.
E. The Power of Judicial Review

1. Judicial Review power of the courts to test the
validity of executive and legislative acts in light of
their conformity with the Constitution.
- Power is inherent in the Constitution.
- Section 1, Article VII of the Constitution:
Judicial power includes the duty of the 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.
2. Who may exercise
- Power of the SC to decide constitutional
questions.
- Constitutional appellate jurisdiction of the SC
and implicitly recognizes the authority of lower
courts to decide questions involving the
constitutionality of laws, treaties, agreements, etc.
- Notice to SolGen is mandatory to enable him to
decide whether or not his intervention in the action
is necessary.
3. Functions of Judicial Review
(1) Checking
(2) Legitimizing
(3) Symbolic
4. Requisites
(1) Actual case or controversy
(2) Constitutional question must be raised by the
proper party
- A partys standing in court is a procedural
technicality which may be set aside by the Court in
view of the importance of the issues involved;
paramount
public
interest/transcendental
importance
- Present substantial interest such interest of a
party in the subject matter of the action as will
entitle him under substantive law, to recover of the
evidence is sufficient, or that he has a legal title to
defend and the defendant will be protected in
payment to or recovery from him.
5. Effects of Declaration of Unconstitutionality

- Orthodox View: unconstitutional act is not a
law, it confers no rights and imposes no duties; it
affords no protection, creates no office; it is
inoperative as if it had not been passed at all.
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- Modern View: certain legal effects of the statute

prior to its declaration of unconstitutionality may be
recognized.
6. Partial Unconstitutionality
- Legislature must be willing to retain the valid
portions separability clause
- Valid portion can stand independently as law
(2) Ministrant intended to promote the welfare,

progress and prosperity of the people and which are
merely optional for Government to perform
Doctrine of Parens Patriae: parents of the people;
the Government may act as guardian of the rights of
the people who may be disadvantaged or suffering
from some disability or misfortune.
III. THE PHILIPPINES AS A STATE

State: a community of persons, more or less
numerous, permanently occupying a definite portion
of territory, independent of external control and
possessing a government to which a great body of
inhabitants render habitual obedience.
Classification
(1) De jure
De facto Kinds
1) Takes possession or 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;
2) Established by the inhabitants of a territory who
rise in insurrection against the parent state; and
3) Established by invading forces of an enemy who
occupy a territory in the course of war (de facto
government of paramount force).
(2) Presidential separation of executive and
legislative powers
Parliamentary fusion of both executive and
legislative in Parliament; actual
exercise
of
executive powers is vested in a Prime Minister who
is chosen by, and
accountable to the Parliament
(3) Unitary
Federal
State is a legal or juristic concept; nation is an

ethnic or racial concept.
Government is an instrumentality of the State
through which the will of the State is implemented
and realized.
Elements:
(1) People
(2) Territory
Components:
1) Terrestrial
2) Fluvial
3) Maritime
4) Aerial
(3) Government
(4) Sovereignty
Sovereignty: supreme and uncontrollable power

inherent in a State by which that State is governed
Kinds:
1) Legal power to issue final commands
Political sum total of all the influences which
lie behind the law
2) Internal supreme power over everything
within the territory
External/Independence freedom from external
control
Archipelago Doctrine: 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.
Straight Baseline Method: Imaginary straight lines
are drawn joining the outermost points of outermost
islands of the archipelago, enclosing an area the
ratio of which should not be more than 9:1;
provided that the drawing of the baselines shall not
depart, to any appreciable extent, from the general
configuration of the archipelago.
1)
2)
3)
4)
5)
6)
7)
Functions of the Government:

(1) Constituent mandatory for the Government to
perform because they constitute the very bonds of
society
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Characteristics:
Permanence
Exclusiveness
Comprehensiveness
Absoluteness
Indivisibility
Inalienability
Imprescriptibility
against its national interests even if the offenders

are non-resident aliens;
(2) By virtue of its relations with other
states/territories (as when it establishes a colonial
protectorate or a condominium or administers a
trust territory or occupies enemy territory in the
course of war);
(3) Local state waives jurisdiction over persons and
things within its territory;
(4) Principle of extraterritoriality
(5) Enjoyment of easements or servitudes
(easement of innocent passage or arrival under
stress)
(6) Exercise of jurisdiction by the state in the high
seas over its vessels, over pirates, in the exercise of
the right to visit and search, and under doctrine or
hot pursuit;
(7) Exercise of limited jurisdiction over the
contiguous zone and the patrimonial sea, to prevent
infringement of its customs, fiscal, immigration or
sanitary regulations.
Effects of Change in Sovereignty: Political laws

are abrogated; municipal laws
remain
in
force
Effects of Belligerent Occupation: No change in
sovereignty.
Political laws, except the law on treason, are
suspended;
Municipal laws remain in force unless repealed
by belligerent occupant;
At the end of belligerent occupation, political
laws shall automatically become effective again
(doctrine of jus postliminium)
Dominium capacity to acquire or own
property
Imperium authority possessed by the State
embraced in the concept of sovereignty
Jurisdiction
Territorial: power of the State over persons
and things within its territory.
Exemption:
(1) Foreign states, head of states, diplomatic
representatives and consuls to a certain degree;
(2) Foreign state property, including embassies,
consulates and public vessels engaged in noncommercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights
of innocent passage or involuntary entry such as
arrival under stress
(5) Foreign armies passing through or stationed in
its territory with its permission; and
(6) Other persons or property, including
organizations like the UN, over which it may, by
agreement, waive jurisdiction.
State Immunity from Suit: The State cannot be sued

without its consent.
Royal Prerogative of Dishonesty: There can be
no legal right against the authority which makes the
law on which the right depends. It may be sued if its
gives consent.
Par in parem non habet imperium: Immunity is
enjoyed by other States. The Head of the State, who
is deemed the personification of the State, is
inviolable and enjoys immunity.
Test to Determine if Suit is Against the State
Whether it requires an affirmative act from the
state.
Suit against Government Agencies
1. Incorporated if the charter provides that the
agency can sue and be sued, then suit will lie,
including one for tort. The provision in the charter
constitutes express consent on the part of the State
to be sued.
Municipal corporations, agencies of the state
when they are engaged in governmental functions
and should enjoy sovereign immunity from suit.
They are subject to suit even in the performance of
such functions because their respective charters
Personal: power of the State over its

nationals, which may be exercised by the State even
of the individual is outside the territory of the State.
Extraterritorial: power exercised by the State
beyond its territory,
example:
(1) Assertion of its personal jurisdiction over its
nationals abroad or the exercise of its right to
punish offenses committed outside its territory
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provide that they can sue and be sued. (Section 22

LGC)
2. Unincorporated inquire into the principal
functions
If governmental: no suit without consent
If proprietary: suit will lie, because when the
State engages in principally proprietary functions,
then it descends to the level of a private individual,
and may therefore be vulnerable to suit.
against it. Such execution will require another

waiver.
Suability is not equated with outright liability.
Liability will have to be determined by the court on
the basis of the evidence and the applicable law.
IV. FUNDAMENTAL POWERS
STATE
Inherent powers of the State
1. Police Power
2. Eminent Domain
3. Power of Taxation
Suit Against Public Officers: The doctrine of state

immunity also applies to complaints filed against
officials of the State for acts performed by them in
the discharge of their duties within the scope of
their authority.
Exceptions: (may be sued without prior consent
from State)
1. to compel him to do an act required by law;
2. to restrain him from enforcing an act claimed to
be unconstitutional;
3. to compel the payment of damages from an
already appropriated assurance fund or to refund tax
over-payments from a fund already available for the
purpose;
4. to secure a judgment that the officer impleaded
may satisfy by himself without the State having to
do a positive act to assist him;
5. where government itself has violated its own
laws, because the doctrine of state immunity
cannot be used to perpetrate an injustice
OF
THE
Similarities
1. inherent in the state, without need of express
constitutional grant
2. necessary and indispensable
3. methods by which the state interferes with
private property
4. presupposes equivalent compensation
5. exercised primarily by legislature
Distinctions
1. Police power regulates liberty and property
Eminent domain and taxation affects only
property rights
2. Police power and taxation are exercised only by
government
Eminent domain may be exercised by private
entities
3. Property taken in police power is usually
noxious or intended for noxious purposes and may
be destroyed
In eminent domain and taxation, the property is
wholesome and devoted to public
use/purpose.
4. Compensation in police power is the intangible,
altruistic feeling that the individual has contributed
to the public good;
In eminent domain, it is the full and fair
equivalent of the property taken;
In taxation, it is the protection given and/or
public improvements instituted by government
for taxes paid.
Where a public officer has committed an ultra vires

act, or there is a showing of bad faith, malice or
gross negligence, then the officer can be held
personally accountable.
In order that suit may lie against the state, there
must be consent. Where no consent is shown, state
immunity from suit may be invoked as a defense by
the courts sua sponte at any stage of the
proceedings.
Express consent: general law or special law
Implied consent
1. state commences a litigation
2. state enters into a business contract
Limitations
1. Bill of Rights
2. Courts may annul improvident exercise of
police power
Scope of consent: consent to be sued does not

include consent to the execution of judgment
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Who may exercise the power

Congress
By delegation, the President, administrative
bodies, LGUs and even private enterprises
performing public services
Police Power
Power of promoting public welfare by
restraining and regulating the use of liberty and
property.
Most pervasive, least limitable and most
demanding of the three powers.
Justification: salus populi est suprema lex and
sic utere tuo ut alienum non laedas
Requisites
(1) Necessity
(2) Private Property, except money and choses in
action
(3) Taking in the constitutional sense
(4) Public use
(5) Just Compensation full and fair equivalent of
the property taken; fair market value of the property
Who may exercise?

Inherently vested in Legislature
Congress may validly delegate this power to the
President, administrative bodies and to lawmaking
bodies of LGUs.
LGUs exercise this power under the general
welfare clause
Judicial Prerogative
Ascertainment of what constitutes just
compensation for property taken in eminent domain
cases is a judicial prerogative.
Limitations (test for valid exercise)

Lawful subject: interest of the public; activity or
property sought to be regulated affects the general
welfare; if it does then the enjoyment of the rights
flowing therefrom may have to yield to the interest
of the greater number.
Lawful means: means employed are reasonably
necessary for the accomplishment of the purpose
and not unduly oppressive on individuals.
Express grant by law
Within territorial limits (for LGUs except when
exercised to protect water supply)
Must not be contrary to law
Form of Compensation
Paid in money and no other form.
In agrarian reform, payment is allowed to be
made partly in bonds because under the CARP, we
do not deal with the traditional exercise of the
power of eminent domain; we deal with a
revolutionary kind of expropriation.
Reckoning point of market value of the property

Date of the taking or the filing of the complaint,
whichever comes first.
Principal criterion in determining just

compensation
Character of the land at the time of the taking
For Municipal Ordinances to be Valid:

(1) Must not contravene the Constitution or the
statute
(2) Must not be unfair or oppressive
(3) Must not be partial or discriminatory
(4) Must not prohibit but may regulate trade
(5) Must not be unreasonable
(6) Must be general in application and consistent
with public policy
Power of Eminent
Expropriation)
Domain
(Power
Entitlement of owner to interest

When there is delay in the payment of just
compensation, the owner is entitled to payment of
interest if claimed; otherwise, interest is deemed
waived;
Interest is 6% per annum, prescribed in Article
2209 of the CC, NOT 12% per annum under Central
Bank Circular No. 416, latter applies to loans or
forbearances of money, goods or credits or
judgments involving such loans or forbearance of
money, goods or credits. The kind of interest here is
by way of damages.
of
Jurisdiction
RTC
7
In some expropriation cases, the court imposes

12% damages for delay in payment which, in
effect, makes the obligation on the part of
government one of forbearance.
(2) Alienable lands of the public domain

(3) Unregistered, abandoned or idle lands;
(4) Lands within the declared Areas for Priority
Development, Zonal Improvement Program sites,
Slum Improvement and Resettlement sites which
have not yet been acquired;
(5) BLISS sites which have not yet been acquired;
and
(6) Privately owned lands
Who else may be entitled to just compensation

Owner
Those who have lawful interest
Title to the property

Does not pass until after payment
The mode of expropriation is subject to 2

conditions:
(1) Resorted to only when the other modes of
acquisition have been exhausted
(2) Parcels owned by small property owners are
exempt from such acquisition
Right of landowner in case of non-payment of

just compensation
Does not entitle to recover possession of the
expropriated lots
Only to demand payment of the FMV of the
property
Small property owners:

(1) Owners of residential lots not more than 300 sq.
m. in highly urbanized cities and not more than 800
sq. m. in other urban areas
(2) They do not own residential property other than
the same
Due process of law

Defendant must be given an opportunity to be
heard
Writ of Possession, ministerial upon:
(1) Filing of complaint for expropriation sufficient
in form and substance
(2) Upon deposit by the government of the amount
equivalent to 15% of the FMV of the property per
current tax declaration
Power of Taxation
Who may exercise
Legislature
Local legislative bodies
To a limited extent, the President, when granted
delegated tariff powers
The plaintiffs right to dismiss the complaint has

always been subject to Court approval
and
to
certain conditions, because the landowner may have
already
suffered damages at the start of the
taking.
Limitations on the exercise

Due process of law, must not be confiscatory
Equal protection clause, must be uniform and
equitable
Public purpose
Right to repurchase or re-acquire the property

Property owners right to repurchase the
property depends upon the character of the title
acquired by the expropriator: if land is expropriated
for a particular purpose with the condition that
when that purpose is ended or abandoned, the
property shall revert to the former owner, the former
owner can re-acquire the property.
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.
Tax Exemptions
No law granting tax exemption shall be passed
without the concurrence of a majority of all the
Members of Congress.
Lands for socialized housing are to be acquired in

the following order:
(1) Government lands
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Charitable institutions, churches and parsonages

or convents appurtenant thereto, mosques, nonprofit cemeteries, and all lands, buildings and
improvements actually, directly and exclusively
used for religious, charitable or educational
purposes exempt
Revenues and assets of non-stock, non-profit
educational institutions used actually, directly and
exclusively for educational purposes exempt
Proprietary educational institutions may be
exempt subject to limitations provided by law
Grants, endowments, donations, or contributions
used actually, directly, and exclusively for
educational purposes exempt
(1) Representation
(2) Renovation
Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers
Purpose
To prevent concentration of authority in one
person or group of persons that might lead to an
irreversible error or abuse in its exercise to the
detriment of republican institutions.
Police Power vs. Taxation

License fee v. Tax license fee is a police
measure; tax is revenue measure
Amount collected for a license fee is limited to
the cost of permit and reasonable police regulation
(except when the license fee is imposed on a nonuseful occupation); amount of tax may be unlimited
provided it is not confiscatory
License fee is paid for the privilege of doing
something and may be revoked when public interest
so requires; tax is imposed on persons or property
for revenue
Principle of Blending of Powers

Instances when powers are not confined
exclusively within one department but are assigned
to or shared by several departments.
Principle of Checks and Balances
This allows one department to resist
encroachments upon its prerogatives or to rectify
mistakes or excesses committed by the other
departments.
Doctrine of Necessary Implication
Absence of express conferment, the exercise of
the power may be justified under this doctrine, that
the grant of an express power carries with it all
other powers that may be reasonably inferred from
it.
Kinds of license fee

(1) For useful occupation/enterprises
(2) Non-useful occupation/enterprises (when used
to discourage, it may be a bit exorbitant)
V. PRINCIPLES AND STATE POLICES
A purely justiciable question implies a given right,

legally demandable and enforceable, an act or
omission violative of such right, and a remedy
granted and sanctioned by law for said breach of
right.
Preamble
Does not confer rights nor impose duties
Indicates authorship of the Constitution
Enumerates the primary aims and aspirations of
the framers
Serves as an aid in the construction of the
Constitution
Political question is a question of policy. It refers to

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 legislative or
executive branch of government. It is concerned
with issues dependent upon wisdom, not legality of
particular measure.
Republicanism
The Philippines is a democratic and republican
state. Sovereignty resides in the people and all
government authority emanates from them.
Essential features
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Delegation of powers
Potestas delegate non potest delegare
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.
Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times of
war or national emergency)
(3) Delegation to the people specific provisions
where the people have reserved to themselves the
function of legislation
Referendum: power of the electorate to approve
or reject legislation through an election called for
the purpose; referendum on statutes and referendum
on local law
Plebiscite: electoral process by which an
initiative on the Constitution is approved or rejected
by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies power of
subordinate legislation
Tests for valid delegation
(1) Completeness test: the law must be complete in
all its essential terms and conditions when it leaves
the legislature so that there will be nothing left for
the delegate to do when it reaches him except to
enforce it.
(2) Sufficient standard test: intended to map out the
boundaries of the delegates authority by defining
the legislative policy and indicting the
circumstances under which it is up be pursued and
effected; the standards usually indicated in the law
delegating legislative power.
(2) Kellogg-Briad Pact of 1928

(3) Charter of the United Nations
Doctrine of Incorporation our courts have
applied the rules of international law in a number of
cases even of such rules had not previously been
subject of statutory enactments, because these
generally accepted principles of international law
are automatically part of our own laws.
Civilian Supremacy
Civilian authority is, at all times supreme over
the military. The AFP is the protector of the people
and the State. Its goal is to secure the sovereignty pf
the State and integrity of the national territory.
Duty of Government; people to defend the State
The prime duty of the Government is to serve
and protect the people.
The Government may call upon the people to
defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided
by law, to render personal military or civil service.
The maintenance of peace and order, the
protection of life, liberty and property, and the
promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of
democracy.
Right to Bear Arms: statutory, not constitutional
right.
Separation of Church and State
Freedom of religion clause
Religious sect cannot be registered as political
party
No sectoral representative from the religious
sector
Prohibition against appropriation for sectarian
benefit
The Incorporation Clause

The Philippines renounces war as an instrument
of national policy, adopts the generally accepted
principles of international law as part of the law of
the land, and adheres to the police of peace,
equality, justice, freedom, cooperation and amity
with all nations.
Independent foreign policy and nuclear-free
Philippines
Expiration of Bases Agreement
Renunciation of War
(1) Covenant of the League of Nations
Exceptions
(1) Section 28(3), Article 6: Exemption from
taxation
(2) Section 29(2), Article 6: Prohibition against
sectarian benefit, except when priest is assigned to
the armed forces or to any penal institution or
government orphanage or leprosarium
10
(3) Section 3(3), Article 14: Optional religious
patriotism and nationalism, and encourage their

involvement in public and civic affairs.
instruction for public elementary and high school

studies
(4) Section 4(2), Article 14: Filipino ownership
requirement to educational institutions, except those
established by groups and mission boards
Fundamental equality of men and women

State recognizes the role of women in nationbuilding and shall ensure the fundamental equality
before the law of men and women.
Independent Foreign Policy and Nuclear-free

Philippines
State shall pursue an independent foreign policy.
In relations with other states, the paramount
consideration shall be national sovereignty,
territorial integrity, national interest and the right to
self-determination.
The Philippines consistent with the national
interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.
Promotion of health and ecology

State shall protect and promote the right to
health of the people and instill health consciousness
among them.
The State shall protect and advance the right of
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
Priority to education, science, technology, etc.
State shall give priority to education, science
and technology, arts, culture and sports, to foster
patriotism and nationalism, accelerate social
progress, and promote total human liberation and
development.
Just and dynamic social order

State shall promote a just and dynamic social
order that will ensure prosperity and independence
of the nation and free the people from poverty
through policies that provide adequate social
services, promote full employment, a rising
standard of living and an improved quality of life
for all.
Protection to Labor
State affirms labor as a primary social economic
force. It shall protect the rights or workers and
promote their welfare.
Promotion of Social Justice

Promote social justice in all phases of national
development
Self-reliant and independent economic order

State shall develop a self-reliant and
independent
national
economy
effectively
controlled by Filipinos.
The State recognizes the indispensable role of
the private sector, encourages private enterprise,
and provide incentives to needed investments.
Respect for human dignity and human rights

State values the dignity of every human person
and guarantees full respect for human rights.
Family and Youth
The State recognizes the sanctity of family life
and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally
protect the life of the mother and the life of the
unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral
character shall receive support of the Government.
The State recognizes the vital role of the youth
in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth
Land reform
State shall promote comprehensive
development and agrarian reform.
rural
Indigenous cultural communities

State recognizes and promotes the rights of
indigenous cultural communities within the
framework of national unity and development.
Independent peoples organizations
11
State shall encourage non-governmental,

community-based, or sectoral organizations that
promote the welfare of the nation.
Political Rights
Right to participate, directly or indirectly, in the
establishment or administration of government.
Communication and information in nation-building

State recognizes the vital role of communication
and information in nation-building.
Due Process of Law: No person shall be deprived of

life, liberty or property without due process of law
Definition
A law which hears before it condemns, which
proceeds upon inquiry and renders judgment only
after trial.
Autonomy of local governments

State shall ensure the autonomy of local
governments.
Decentralization and does not make the local
governments sovereign within the State or an
imperium in imperio.
Decentralization of administration: delegation of
administrative powers to the LGU in order to
broaden the base of governmental powers.
Decentralization of power: abdication by the
national government of governmental powers.
Who are protected

Universal in application to all persons
Artificial persons are covered by the protection
only insofar as their property is concerned
Guarantee extends to aliens and includes the
means of livelihood
Meaning of life, liberty and property
Life: right of an individual to his body in its
completeness, free from dismemberment and
extends to the use of God-given faculties which
makes life enjoyable
Liberty: the right to exist and the right to be free
from arbitrary personal restraint or servitude;
includes the right to be free to use his faculties in all
lawful ways
Property: anything that can come under the right
of ownership and can be subject of contract; the
right to secure, use and dispose them.
Equal access of opportunities for public service

State shall guarantee equal access of
opportunities for public service and prohibit
political dynasties as may be defined by law.
Honest public service and full public disclosure

State shall maintain honesty and integrity in the
public service and take positive and effective
measures against graft and corruption.
State adopts and implements a policy of full
public disclosure of all its transactions involving
public interest.
Aspects of due process

1. Substantive restriction on governments lawand rule-making powers
Requisites:
1. interest of the public
2. means employed are reasonably necessary for
the accomplishment of the purpose and not unduly
oppressive on individuals
2. Procedural restriction on actions of judicial
and quasi-judicial agencies of government
Requisites:
1. impartial court or tribunal clothed with judicial
power to hear and determine the matter before it
2. jurisdiction must be lawfully acquired over the
person of the defendant and over the property which
is the subject matter of the proceeding
VI. BILL OF RIGHTS

Definition
Set of prescriptions setting forth the
fundamental civil and political rights of the
individual, and imposing limitations on the powers
of government.
Generally, any government action in violation of
the Bill of Rights is void.
Generally self-executing.
Civil Rights
Right that belong to every citizen of the state or
country and are not connected with the organization
or administration of government.
12
3. the defendant must be given an opportunity to

be heard
4. judgment must be rendered upon lawful hearing
All persons or things similarly situated should

be treated alike, both as to rights conferred and
responsibilities imposed.
Natural and juridical persons are entitled to this
guarantee.
With respect to juridical persons, they enjoy the
protection only insofar as their property is
concerned.
Publication as part of due process

Publication is imperative to the validity of laws,
PDs and Eos, administrative rules and regulation
and is an indispensable part of due process.
Appeal and due process
Appeal is not a natural right nor is it part of due
process; it may be allowed or denied by legislature
in its discretion.
But where the Constitution gives a person the
right to appeal, denial of such constitutes a violation
of due process.
Scope of Equality
Economic
(1) Free access to courts
(2) Marine wealth reserved for Filipino citizens
(3) Reduction of social, economic and political
inequalities
Political
(1) Free access to courts
(2) Bona fide candidates being free from
harassment/discrimination
(3) Reduction of social, economic and political
inequalities
Social
Preliminary investigation and due process

Right to preliminary investigation is not a
constitutional right, but it is merely a right
conferred by statute.
But where there is a statutory grant of the right
to preliminary investigation, denial of such
constitutes a violation of due process.
Valid Classification
(1) Substantial distinctions
(2) Germane to the purpose of the law
(3) Not limited to existing conditions only
(4) Must apply equally to all members of the same
class
Administrative due process

Requisites
(1) Right to a hearing, includes the right to present
ones case and submit evidence in support thereof;
(2) Tribunal must consider the evidence presented;
(3) Decision must have something to support itself;
(4) Evidence must be substantial;
(5) Decision must be rendered on the evidence
presented or at least contained in the records and
disclosed to the parties;
(6) Tribunal or any of its judges must act on its own
or his own independent consideration of the facts
and the law of the controversy, and not simply
accept the views of a subordinate in arriving at a
decision; and
(7) The board or body should, in all controversial
questions, render its decision in such a manner that
the parties to the proceeding will know the various
issues involved, and the reason for the decision.
Searches and Seizures

Scope
Available to all persons, including aliens,
whether accused of a crime or not.
Artificial persons are also entitled to the
guarantee, although they may be required to open
their books of accounts for examination by the State
in the exercise of police and taxing powers.
Right is personal
Objection must be raised before the accused
enters his plea
Procedural Rules
1. warrantless arrest is not a jurisdictional defect
and any objection thereto is waived when the person
arrested submits to arraignment without any
objection;
Equal Protection of the Laws

Meaning
13
2. where a criminal case is pending, the Court

wherein it is filed, or the assigned branch, has
primary jurisdiction to issue the search warrant;
3. where no criminal case has been filed, the
executive judges or their lawful substitutes, in the
areas and for the offense contemplated shall have
primary jurisdiction;
4. moment the information is filed with the RTC, it
is that court which must issue the warrant of arrest;
5. the judge may order the quashal of a warrant he
issued even after the same had already been
implemented, particularly when such quashal is
based on the finding that there is no offense
committed items seized shall be inadmissible in
evidence
prosecutors certification which are material in

assisting the judge in his determination of probable
cause
(3) Judges and prosecutors should distinguish the
preliminary inquiry which determines probable
cause for the issuance of the warrant of arrest from
the preliminary investigation proper which
ascertains whether the offender should be held for
trial or be released
(4) Only a judge may issue a warrant of arrest
Judge
himself
conducts
the
preliminary
investigation, for him to issue a warrant of arrest,
the investigating judge must:
(1) Have examined, under oath, the complainant
and the witnesses;
(2) Be satisfied that there is probable cause; and
(3) That there is a need to place the respondent
under immediate custody in order not to frustrate
the ends of justice
Only a judge may issue a warrant

Exception: order of arrest may be issued by
administrative authorities but only for the purpose
of carrying out a final finding of a violation of law,
e.g. an order of deportation or an order of contempt
but not for the sole purpose of investigation or
prosecution.
Particularity of Description:
(1) Readily identify the properties to be seized and
thus prevent them from seizing the wrong items;
and
(2) Leave peace officers with no discretion
regarding the articles to be seized and thus prevent
unreasonable searches and seizures.
Requisites for a Valid Warrant

(1) Probable cause
(2) Determination of probable cause personally by
the judge
(3) After examination under oath or affirmation of
the complainant and the witnesses he may produce
(4) Particularity of description
Warrant of Arrest particularly describe the

person to be seized if it contains the name/s of the
person/s to be seized.
John Doe warrant descriptio persona
The judge shall

(1) 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; or
(2) If on the basis thereof, he finds no probable
cause, he may disregard the prosecutors report
band require the submission of supporting affidavits
of witnesses.
Search Warrant description is as specific as the

circumstances will ordinarily allow or when
description expresses a conclusion of fact (not of
law) by which the warrant officer may be guided in
making the search; or when the things described are
limited to those which bear direct relation to the
offense for which the warrant is being issued.
Principles:
(1) The determination of probable cause is a
function of the judge
(2) The preliminary inquiry made by the prosecutor
does not bind the judge, as it is the report,
affidavits, the transcript of stenographic notes and
all other supporting documents behind the
Properties Subject of Seizure:

(1) Subject of the offense
(2) Stolen or embezzled property and other
proceeds or fruits of the offense; and
(3) Property used or intended to be used as means
for the commission of an offense
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Conduct of the Search

(1) Lawful occupant
(2) Any member of his family
Warrantless Searches
(1) When the right is voluntarily waived;
(2) When there is a valid reason to stop-and-frisk;
(3) Where the search (and seizure) is an incident to
a lawful arrest;
(4) Search of vessels and aircrafts;
(5) Search of moving vehicles;
(6) Inspection of buildings and other premises for
the enforcement of fire, sanitary and building
regulations;
(7) Where prohibited articles are in plain view;
(8) Search and seizure under exigent and emergency
circumstances; and
(9) Conduct of areal target zoning or saturation
drive/s as valid exercise of military powers of the
President (Guanzon vs. de Villa)
(3) 2 witnesses, of sufficient age and discretion,
residing in the same locality
In (2):
(1) there must be immediacy between the time the
offense is committed and the time of the arrest. If
there was an appreciable lapse of time between the
arrest and the commission of the crime, a warrant of
arrest must be secured and
(2) the person making the arrest has personal
knowledge of certain facts indicating that the person
to be taken into custody has committed the crime.
Question the validity of the arrest before entering
plea; failure to do so would constitute a waiver of
his right against unlawful restraint of his liberty.
However, waiver is limited to the illegal arrest. It
does not extend to the search made as an incident
thereto, or to the subsequent seizure if evidence
allegedly found during the search.
Valid Waiver of Constitutional Right
(1) Right exists
(2) That the person involved had knowledge, either
actual or constructive of the existence of such right;
and
(3) That the person had an actual intention to
relinquish the right.
Warrantless arrests by a peace officer or a private

person:
(1) When the person to be arrested has committed,
is actually committing or is attempting to commit an
offense in his presence;
(2) When the offense had just been committed and
there is probable cause to believe, based on his
personal knowledge of facts and of other
circumstances, that the person to be arrested has
committed the offense;
(3) 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; and
(4) When the right is voluntarily waived.
Searches of Passengers at Airports

- When the accused checked in his luggage as a
passenger of a plane, he agreed to the inspection of
his luggage in accordance with customs laws and
regulations, and thus waived any objection to a
warrantless search.
- Search made pursuant to routine airport security
is allowed under RA 6235, which provides that
every airline ticket shall contain a condition that
hand-carried luggage, etc., shall be subject to
search, and this condition shall form part of the
contract between the passenger and the air carrier.
Stop and Frisk
- Vernacular designation of the right of a 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.
- Requisites:
1. police officer should properly introduce himself
and make initial inquiries
Buy-bust operation is a valid in flagrante arrest.

In flagrante arrests:
(1) The person to be arrested must execute an overt
act indicating that he had just committed, is actually
committing, or is attempting to commit a crime; and
(2) Such overt act is done in the presence or within
the view of the arresting officer.
15
2. approach and restrain a person who manifests

unusual and suspicious conduct in order to check
the latters outer clothing for possible concealed
weapon
3. must have a genuine reason, in accordance with
experience and the surrounding conditions, to
warrant the belief that the person to be held has
weapons or contraband concealed about him
4. search and seizure should precede the arrest
Exception: People vs. Sucro warrantless
search and seizure can be made
without
necessarily being preceded by an arrest provided
that the said search is effected on the basis of
probable cause.
- People vs. Chua Ho San: contemporaneous
search of a person arrested may be effected for
dangerous weapons or proofs or implements used in
the commission of the crime and which search may
extend to the area within his immediate control
where he might gain possession of a weapon or
evidence he can destroy, a valid arrest must
preceded a search.
(5) judgment of acquittal or conviction rendered by

the court accordingly
Fishing vessel found to be violating fishery laws
may be seized without a warrant:
(1) usually equipped with powerful motors that
enable them to elude pursuit and
(2) seizure would be incident to a lawful arrest
Search of moving vehicles
- justified on the ground that it is not practicable
to secure a warrant because the vehicle can be
moved quickly out of the locality or jurisdiction in
which the warrant may be sought.
- Prevent violations of smuggling or immigration
laws, provided that such searches are made at
borders or constructive borders (e.g. checkpoints
near the boundary lines of the state).
Stop and search without a warrant at a military or
police checkpoints
- Not illegal per se so long as it is required by the
exigencies of public order and conducted in a way
least intrusive to motorists. (Valmonte vs. de Villa)
Where the search (and seizure) is an incident to a

lawful arrest;
- Search must be contemporaneous to arrest and
made within a permissible area of search.
- Requisites:
1. arresting officer must have probable cause in
effecting the arrest; and
2. probable cause must be based on reasonable
ground of suspicion or belief that a crime has been
committed or is about to be committed.
Checkpoint Search
(1) Mere routine inspection: the search is normally
permissible when it is limited to a mere visual
search, where the occupants are not subjected to a
physical or body search.
(2) Extensive search: constitutionally permissible if
the officers conducting the search had reasonable or
probable cause to believe, before the search, that
either the motorist is a law offender or they will find
the instrumentality or evidence pertaining to a crime
in the vehicle to be searched.
Permissible area of search

- may extend beyond the person of the one
arrested to include the premises or surroundings
under his immediate control.
Inspection of buildings and other premises for the

enforcement of fire, sanitary and building
regulations
- Exercise of police power of the State
- Must be conducted during reasonable hours
Seizure of allegedly pornographic material

(1) criminal charge must be brought against the
person/s for purveying the pornographic material/s;
(2) application for a search and seizure warrant
obtained from a judge (who shall determine the
existence of probable cause);
(3) material confiscated brought to the court in the
prosecution of the accused for the crime charged;
(4) court will determine whether the confiscated
items are really pornographic; and
Prohibited articles are in plain view

- Objects in plain view of the officer who has the
right to be in the position to have that view.
- Police officer is not searching but inadvertently
comes upon an incriminating object.
- Requisites:
16
(1) Prior valid intrusion based on a valid

warrantless arrest in which the police are legally
present in the pursuit of their official duties;
(2) Evidence was inadvertently discovered by the
police who have the right to be where they are;
(3) Evidence must be immediately apparent; and
(4) Plain view justified the seizure of the
evidence without any further search.
- Property illegally seized may be used in

evidence in the case filed against the officer
responsible for the illegal seizure.
Privacy of Communications and Correspondence
- The
privacy
of
communication
and
correspondence shall be inviolable EXCEPT upon
lawful order of the court OR when public safety or
order requires otherwise as prescribed by law.
- Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.
Plain View
- Object is plainly exposed to sight.
- Where the object seized is inside a closed
package, the object is not in plain view and,
therefore, cannot be seized without a warrant.
- Package proclaims its contents transparency,
distinctive configuration or contents are obvious to
an observer.
- People vs. Salanguit: once the valid portion of
the search warrant has been executed, the plain
view doctrine can no longer provide any basis for
admitting the other items subsequently found
(marijuana was also wrapped in newspaper which
was not transparent.warrant for shabu and drug
paraphernalia, found the shabu first)
- Doctrine is not an exception to the warrant. It
serves to supplement the prior justification. It is a
recognition that of the fact that when executing
police officers come across immediately
incriminating evidence not covered by the warrant,
they should not be required to close their eyes to it,
regardless of whether it is evidence of the crime
they are investigating or evidence of some other
crime. It would be needless to require the police to
obtain another warrant.
Inviolability
- Exceptions:
(1) Lawful order of the court;
(2) Public safety or order requires otherwise, as
may be provided by law.
- Includes tangible and intangible objects.
- RA 4200: illegal for any person not authorized
by all the parties to any private communication, to
secretly record such communications by means of a
tape recorder. Telephone extension was not among
the devices covered by this law.
Freedom of Expression
- No law shall be passed abridging the freedom of
speech, of expression nor of the press, or the right
of the people peaceably to assemble and petition the
government for redress of grievances.
- Scope: Any and all modes of expression.
Aspects:
(1) Freedom from censorship or prior restraint
- Need not be total suppression, even restriction
of circulation constitutes censorship.
- Section 11 (b), RA 66461: legitimate exercise of
the police power of the State to regulate media or
communication and information for the purpose of
ensuring equal opportunity, time and space for
political campaigns. Unrelated to suppression of
speech as it is only incidental and no more than is
necessary to achieve the purpose of achieving the
purpose of promoting equality.
- Movie censorship: movie, compared to other
media of expression, have a greater capacity for evil
Immediately apparent test

- Does not require an unduly high degree of
certainty.
- Requires merely that the seizure be
presumptively reasonable assuming that there is
probable cause to associate the property with
criminal activity.
- Nexus exists between the viewed object and the
criminal activity.
Exclusionary Rule: Evidence obtained in violation
of Section 2, Article 3 shall be inadmissible for any
purpose in any proceeding because it is the fruit of
the poisoned tree.
Prohibited any person making use of the media to sell or to

give free of charge print space or air time for campaign or
other political purposes except to the COMELEC.
17
and must, therefore, be subjected to a greater degree

of regulation.
- Power of MTRCB can be exercised only for
purposes of classification not censorship.
- Primacy of freedom of expression over Enriles
right to privacy because Enrile was a public
figure and a public figures right to privacy is
narrower than that of an ordinary citizen. (Ayer
Productions vs. Judge Capulong)
- Board of Review for Motion Pictures and
Television (BRMPT) X-rating when the
program would create a clear and present danger of
an evil which the State has the right to prevent.
(Inglesi ni Cristo vs. CA)
- No law prohibiting the holding and reporting of
exit poll. (ABS-CBN Broadcasting Corporation vs.
COMELEC)
- Test for the validity of government regulation,
valid if (OBrien Test):
1. within the constitutional power of government;
2. furthers an important or substantial government
interest;
3. government interest is unrelated to the
suppression of free expression; and
4. incidental restriction on the freedom is no
greater than is essential to the furtherance of that
interest.
- Overbreadth Doctrine: prohibits government
from achieving its purpose by means that sweep
unnecessarily broadly, reaching constitutionally
protected as well as unprotected activity.
(2) Freedom from subsequent punishment
- Without this assurance, the individual would
hesitate to speak for fear that he might be held
accountable for his speech, or that he might be
provoking the vengeance of the officials he may
have criticized.
- Not absolute and may be properly regulated in
the interest of the public.
- State may validly impose penal and/or
administrative sanctions, such as:
1. Libel
- Public and malicious imputation of a crime, or
of a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance tending
to cause the dishonor, discredit or contempt of a
natural or juridical person, or to blacken the
memory of one who is dead.
- Oral defamation is called slander.
- Every defamatory imputation is presumed to be

malicious.
Exceptions:
1. a private communication made by any person to
another in the performance of any legal, moral or
social duty; and
2. fair and true report, made in good faith, without
any comments or remarks, of any judicial,
legislative or other official proceedings which are
not of a confidential nature, or of any statement,
report or speech delivered in said proceedings, or of
any act performed by public officers in the exercise
if their functions.
- Public has the right to be informed on the
mental, moral and physical fitness of candidates for
public officer. The rule applies only to fair
comments on matters of public interest, fair
comment being that which is true, or if false,
expresses the real opinion of the author based upon
reasonable degree of care and on reasonable
grounds.
2. Obscenity
- Determination of what is obscene is a judicial
function.
3. Criticism of official conduct
- US vs. Bustos: individual is given the widest
latitude in criticism of official conduct.
- Publication that tends to impede, embarrass or
obstruct the court and constitutes a clear and present
danger to the administration of justice is not
protected by the guarantee of press freedom and
punishable by contempt. It is not necessary to show
that the publication actually obstructs the
administration of justice; it is enough that it tends to
do so.
- Freedom of press is subordinate to the decision,
authority, integrity and independence of the
judiciary and the proper administration of justice.
4. Right of students to free speech in school
premises not absolute
- Campus Journalism Act provides that a student
shall not be expelled or suspended solely on the
basis of articles he or she has written, the same
should not infringe on the schools right to
discipline its students.
- The school cannot suspend or expel a student
solely on the basis of the articles he or she has
written, except when such article materially disrupts
18
class work or involves substantial disorder or

invasion of rights of others.
- It must be exercised in such a way as will not

prejudice the public welfare.
- PUBLIC PLACE: permit for the use of such
place, and not for the assembly itself, may be
validly required. The power of local officials is
merely one of regulation.
- Permit to hold public assembly shall not be
necessary where the meeting is to be held in a
PRIVATE PLACE.
Public Assembly Act: a permit shall not be
necessary where the meeting is to be held in a
private place, in the campus of the governmentowned or operated educational institution, or in a
freedom park.
Where permit is required, written application
shall be filed with the mayors office at least 5 days
before the scheduled meeting and shall be acted
upon within 2 days. Otherwise, permit shall be
deemed granted.
Denial shall be justified only upon clear and
convincing evidence that the public assembly will
create a cleat and present danger to public order,
safety, convenience, morals and health.
Action shall be communicated within 24 hours
to the applicant may appeal to appropriate courts.
Decision must be reached within 24 hours.
The law permits law enforcement agencies to
detail a contingent under a responsible officer at
least 100 meters away from the assembly in case it
becomes necessary to maintain order.
- Academic freedom of institutions of higher
learning cannot be utilized to discriminate against
those who exercise their constitutional rights.
- Right to free assembly and petition prevails over
economic rights.
- Education of the youth occupies a preferred
position over the freedom of assembly and petition.
- Tests priorly applied by the court:
1. purpose test
2. auspice test
Test of valid government interference

(1) Clear and Present Danger Rule
- Whether the words are used in such
circumstances and of such nature as to create a clear
and present danger that they will bring about the
substantive evils that the State has the right to
prevent.
- The substantive evil must be extremely serious
and the degree of imminence extremely high before
utterances can be punished.
- Rule: the danger created must not only be clear
and present but also traceable to the ideas
expressed.
- clear: seems to point to a causal connection
with the danger of the substantive evil arising from
the utterance questioned
- present refers to the time element, identified
with imminent and immediate danger
- The danger must not only be probable, but very
likely inevitable.
(2) Dangerous Tendency Rule
- Words uttered create a dangerous tendency of an
evil which the State has the right to prevent, then
such words are punishable.
- Sufficient if the natural tendency and the
probable effect of the utterance were to bring about
the substantive evil that the legislative body seeks to
prevent.
(3) Balancing of Interests Test
- When particular conduct is regulated in the
interest of public order, and the regulation results in
an indirect, conditional or partial abridgment 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.
- Requires a court to take conscious and detailed
consideration of the interplay of interests observable
in a given situation.
Freedom of Religion
- No law shall be made respecting an
establishment of religion or prohibiting the free
exercise thereof.
- The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious
Assembly and Petition

- Right to assemble is not subject to prior
restraint.
- It may not be conditioned upon prior issuance of
a permit or authorization from government
authorities.
19
test shall be required for the exercise of civil or

political rights.
- 2 guarantees:
1. non-establishment clause
2. freedom of religious profession and worship
- Non-establishment clause: separation of Church
and State
1. cannot be registered as a political party;
2. no sectoral representative from the religious
sector; and
3. prohibition against the use of public money or
property for the benefit of any religion, or of any
priest, minister or ecclesiastic.
- Exceptions:
1. exception from taxation of properties actually,
directly and exclusively used for religious purposes;
2. citizenship requirement of ownership of
educational institutions, except those established by
religious groups and mission boards;
3. optional religious instruction in public
elementary and high schools expressed in
writing by the parents/guardians, taught within
regular class hours; and without additional costs on
the Government; and
4. appropriation allowed where the minister or
ecclesiastic is employed in the armed forces, penal
institution or in the government-owned orphanage
or leprosarium.
- Scope:
1. State cannot set up a Church
2. nor pass laws which aid one religion, aid all
religion or prefer one over another;
3. nor force nor influence a person to go to or
remain away from church against his will;
4. or force him to profess a belief or disbelief in
any religion.
- The term Non-Christian tribes does not refer
to religious belief but to degree of civilization.
(People vs. Cayat)
- Laws, e.g. Article 133 of the RPC, do not
violate freedom of religion.
- Freedom of religion is accorded preferred status,
designed to protect the broadest possible liberty of
conscience, to allow each man to believe as his
conscience directs, to profess his beliefs and to live
as he believes he ought to live, consistent with
liberty of others and with the common good.
- Intramural religious disputes:
Where a civil right depends upon some matter

pertaining to ecclesiastical affairs, the civil tribunal
tries the civil right and nothing more.
Ecclesiastical Affair is one that concerns
doctrine, creed, or forum of worship of the church,
or the adoption and enforcement within a religious
association of needful laws and regulations for the
government of the membership, and the power of
excluding from such associations those deemed
unworthy of membership.
It is not for the Court to exercise control over
Church authorities in the performance of their
discretionary and official functions; it is for the
members of religious institutions/organizations to
conform to just church regulations.
- Free Exercise Clause
Aspects of freedom of religious profession and
worship:
1. right to believe, which is absolute
2. right to act according to ones belief, which is
subject to regulation.
Constitutional guarantee of free exercise pf
religious profession and worship carries with it the
right to disseminate religious information, and any
restraint of such right can be justified only on the
ground that there is a clear and present danger of an
evil which the State has the right to prevent.
- The compelling State interest test:
Estrada vs. Escritor (administratively charged
with immorality for living with a married man, not
her husband; conjugal arrangement was in
conformity with their religious beliefs)
Benevolent Neutrality recognizes that
government must pursue its secular goals and
interests, but at the same time, strive to uphold
religious liberty to the greatest extent possible
within flexible constitutional limits.
Thus, although the morality contemplated by
laws is secular, benevolent neutrality could allow
for accommodation of morality based on religion,
provided it does not offend compelling state
interest.
2 steps:
1) Whether respondents right to religious freedom
has been burdened and
2) Ascertain respondents sincerity in his beliefs.
- State regulations imposed on solicitations for
religious purposes do not constitute an abridgment
20
of freedom of religion; but are NOT covered by PD

1564 (Solicitation Permit Law) which required prior
permit from DSWD in solicitations for charitable or
public welfare purposes;
- Free exercise clause does not prohibit imposing
a generally applicable sales and use tax on the sale
of religious materials by a religious organization.
Resulting burden is so incidental as to make it
difficult to differentiate it from any other economic
imposition that might make the right to disseminate
religious doctrines costly.
the effectiveness of its jurisdiction over the case and

over the person of the accused;
2) By posting bail, the accused holds himself
amenable at all times to the orders and processes of
the court, thus, she may be legally prohibited from
leaving the country during the pendency of the case;
and
3) Parties with pending cases should apply for
permission to leave the country from the very same
courts which, in the first instance, are in the best
position to pass upon such applications and to
impose appropriate conditions therefore, since they
are conversant with the facts of the cases and the
ramifications or implications thereof.
- The persons right to travel is subject to the usual
constraints imposed by the very necessity of
safeguarding the system of justice. Whether the
accused should be permitted to leave the country for
humanitarian reasons is a matter addressed to the
courts discretion.
Liberty of Abode and of Travel

- The liberty of abode and of changing the same
within the limits prescribed by law shall not be
impaired except upon lawful order of the court.
- Neither shall the right to travel be impaired
except in the interest of national security, public
safety or public health, as may be provided by law.
- Limitations:
1) On liberty of abode: lawful order of the court
Caunca vs. Salazar: maid has the right to
transfer to another residence even if she had not yet
paid the amount advanced for her transportation
from the province by an employment agency;
Rubi vs. Provincial Board of Mindoro: requiring
some members of the non-Christian tribes to reside
only within a reservation, valid to promote their
better education, advancement and protection.
Universal Declaration of Human Rights:
everyone has the right to leave any country,
including his own and to return to his country.
Covenant on Civil and Political Rights: no one
shall be arbitrarily deprived of the right to enter his
own country.
2) On right to travel: national security, public
safety or public health, as may be provided by law
- Lawful order of the court is a valid restriction.
- Court may validly refuse to grant the accused
permission to travel abroad, even if the accused in
out on bail. (Manotoc vs. CA)
- Liberty of travel may be impaired even without
court order, the appropriate executive officers or
administrative authorities are not armed with
arbitrary discretion to impose limitations.
- Principles:
1) The Hold-departure Order is but an exercise of
the courts inherent power to preserve and maintain
Right to Information
- Right of the people to information on matters of
public concern shall be recognized.
- Access to official records and to documents and
papers pertaining to official acts, transactions pr
decisions as well as to government research data
used as basis for policy development shall be
afforded the citizen, subject to such limitations as
- Scope of the Right: right to information
contemplates inclusion of negotiations leading to
consummation of the transactions.
The right only affords access, which means the
opportunity to inspect and copy them at his
expense.
Subject to regulations: to protect integrity of
public records and to minimize disruption of
government operations.
- Exceptions:
1) Privileged communications rooted in separation
of powers
2) Information on military and diplomatic secrets
3) Information affecting national security
4) Information on investigations of crimes by law
enforcement agencies before the prosecution of the
accused.
- Need for publication of law reinforces this right.
21
- The manner of examining public records may be

subject to reasonable regulation by the government
agency in custody.
- The duty to disclose the information of public
concern, and to afford access to public records
cannot be discretionary on the part of said agencies.
Its performance may be compelled by mandamus.
- In Re: Request for Live Radio-TV Coverage of
the Trial in the SB of the Plunder Case against
Former Pres. Joseph Ejercito Estrada, Secretary of
Justice Hernando Perez vs. Joseph Ejercito Estrada:
when the constitutional guarantees of freedom of
the press and the right to public information, on
the one hand, and the fundamental rights of the
accused, on the other hand, along with the
constitutional power of a court to control its
proceedings in ensuring a fair and impartial trial
race against another, jurisprudence tells us that the
right of the accused must be preferred (losing not
only his liberty but also the very life of an accused).
- Change in the rights of the parties with

reference to each other and not with respect to nonparties.
- Impairment: anything that diminishes the
efficacy of the contract
- Substantial impairment when the law changes
either
1) Time of performance
2) Mode of performance
3) Imposes new conditions
4) Dispenses with those expressed
5) Authorizes for its satisfaction something
different from that provided in its terms
- Limitations:
1) Police power public welfare is superior to
private rights
2) Eminent domain
3) Taxation
- Franchises, privileges, licenses, etc do not come
within the context of the provision
Subject to amendment alteration, or repeal by
the Congress when common good so requires.
Right to Form Associations

- 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.
- Scope: includes the right not to join or to
disaffiliate from one.
- Right to Strike: members of the civil service
may not declare a strike to enforce economic
demands.
- The ability to strike is not essential to the right
of association.
- The right of the sovereign to prohibit strikes or
work stoppages by public employees is clearly
recognized at common law. Modern rule merely
incorporate or reasserts said common law.
- Right is not absolute.
Anti-Subversion Act
Managerial employees: receive information that
is not only confidential but also generally not
available to the public.
Free Access to Courts

- Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
- Social justice provision providing for pauper
suits.
Miranda Doctrine
- Any person under investigation for the
commission of an offense shall have
The right to be informed of his right to remain
silent and
To have competent and independent counsel
preferably of his own choice.
- If the person cannot afford the services of
counsel, he must be provided with one.
- These rights cannot be waived, except
In writing and
In the presence of the counsel.
- No torture, force, violence, threat, intimidation
or any other means which vitiate the free will shall
be used against him.
- Secret
detention
places,
solitary,
incommunicado, or other similar forms of detention
are prohibited.
Non-impairment Clause
- No law impairing the obligation of contracts
shall be passed.
- To fall within the prohibition, the change must
not only impair the obligation of the existing
contract, but the impairment must be substantial.
22
- Any confession or admission obtained in

violation of this or Section 17 shall be inadmissible
in evidence against him.
- The law shall provide for penal and civil
sanctions for violations of this section, as well as
compensation to and rehabilitation of victims of
torture or similar practices, and their families.
- Rights are available only during custodial
investigation.
Custodial
investigation
or
in-custody
interrogation of accused person: 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.
Investigation ceases to be a general inquiry into
an unsolved crime and direction is aimed upon a
particular suspect who has been taken into custody
and to whom the police would then direct
interrogatory questions which tend to elicit
incriminating statements.
- Does not apply to spontaneous statement5s.
- Does not apply to admissions/confessions made
by a suspect before he was placed under custodial
investigation.
- Custodial investigation 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.
- Police Line-up
Not considered part of custodial investigation
because it is conducted before that stage of
investigation is reached.
Process has not yet shifted from the
investigatory to the accusatory stage.
- People vs. Escordial
Out-of-court identification may be made in a
show-up (where the accused is brought face to
face with the witness for identification) or in a
police line-up (where the suspect is identified by a
witness from a group of persons gathered for that
purpose).
During custodial investigation, these have been
described as critical confrontations of the accused
by the prosecution necessitating the presence of
counsel. This is because the result of these pre-trial
proceedings might well settle the fate of the accused
and reduce the trial to a mere formality.
Merely photographed or paraffin test, not yet

under custodial investigation.
- Investigations not considered as custodial
interrogations.
- Arrested person signs a booking sheer and an
arrest report at the police station, he does not admit
the commission of an offense nor confess to any
incriminating circumstance. Said booking sheet is
merely a statement of how the arrest was made and
has no probative value as an EJ statement of the
person detained.
- Rights guaranteed by this provision refers only
to testimonial compulsion.
- What rights are available
1) To remain silent;
No adverse inference from his refusal to answer.
2) To competent and independent counsel
(preferably of his own choice; at all stages of the
proceeding);
Attaches upon the start of the investigation;
Lawyer should never prevent a person from
telling the truth.
RA 7438: Accuseds parent, older bro and sis,
spouse, Mayor, Municipal Judge, district school
supervisor, or priest or minister of the gospel as
chosen by the accused, may appear in lieu of the
counsel during the taking of an EJ confession IF:
1) Counsel of accused is absent and
2) Valid waiver had been executed.
competent and independent willing to
safeguard the constitutional rights of the accused, as
distinguished from one who would merely be giving
a routine peremptory and meaningless recital of the
individuals constitutional rights.
Mere pro forma appointment of a counsel de
officio who fails to genuinely protect the interests of
the accused merits disapprobation.
Independent Counsel: not special counsel, City
legal officer, Mayor, public/private prosecutor,
counsel of the police, or a municipal attorney,
whose interest is admittedly adverse to the accused.
Preferably of his own choice does not mean
that the choice of a lawyer by a person under
investigation is exclusive as to preclude other
equally competent and independent attorneys from
handling the defense.
Choice of lawyer when accused cannot afford
final say is still with the accused who may reject
23
said lawyer; deemed engaged by the accused when

he does not object.
Confession obtained after charges had already
been filed: The right to counsel still applies in
certain pre-trial proceedings that are considered
critical stages in the criminal process. Custodial
interrogation before or after charges have been
filed, and non-custodial interrogation after the
accused has been formally charged, are
considered critical pre-trial stages in the criminal
process.
3) To be informed of such rights;
Transmission of meaningful information rather
than just ceremonial and perfunctory recitation of
an abstract constitutional principle.
P must show that the accused understood what
he read and the consequences of his waiver.
Right to be informed carries with it the
correlative obligation on the part of the investigator
to explain and contemplates an effective
communication which results in the subject
understanding what is conveyed. (degree of
explanation depends on the personal circumstances
of the accused)
4) Rights cannot be waived except in writing and
signed by the person in the presence of his counsel;
5) No torture, force, violence, etc. which vitiates
free will shall be used;
6) Secret detention places, etc. are prohibited; and
7) Confessions/admissions obtained in violation of
rights are inadmissible in evidence.
2 Kinds of Involuntary/Coerced Confession
1) Coerced confession, the product of third degree
methods
2) Uncounselled statements, without the benefit of
the Miranda warning
Alleged infringement of the constitutional rights
of the accused during custodial investigation is
relevant and material only where an extrajudicial
confession/admission from the accused becomes the
basis of conviction.
1973 Constitution does not distinguish between
verbal and non-vernal confession.
A person suspected of having committed a
crime and subsequently charged with its
commission has the following rights in the matter of
his testifying or producing evidence:
1) Before case is field in court or with public

prosecutor for preliminary investigation, but after
having been taken into custody or otherwise
deprived of his liberty and on being interrogated by
the police
To remain silent
Right to counsel
To be informed of such right
Not to be subjected to torture, violence, threat,
intimidation or any other means which vitiates free
will and
To have evidence obtained in violation of these
rights rejected and inadmissible.
2) After the case is filed in court
To refuse to be a witness
Not to have nay prejudice by such refusal
To testify in his own behalf, subject to crossexamination
While testifying, refuse to answer an
incriminating question
- Waiver
(1) Must be in writing and made in the presence of
the counsel
(2) No retroactive effect no application to waivers
made prior to APRIL 26, 1983, the promulgation of
Morales.
(3) Burden of proof burden of proving valid
waiver is with the prosecution.
Presumption that official duty has been
regularly performed cannot prevail over the
presumption of innocence.
(4) What may be waived
Right to remain silent
Right to counsel
NOT the right to be informed of these rights.
- Guidelines for Arresting/Investigating Officers
(People vs. Mahinay)
(1) Person arrested, detained, invited or under
custodial investigation must be informed in a
language known to and understood by him of the
reason for his arrest and must be shown the warrant
of arrest, if any.
(2) He must be warned that he has the right to
remain silent and that any statement he makes may
be used as evidence against him.
(3) He must be informed that he has the right to be
assisted at all times and have the presence of an
24
independent and competent lawyer, preferably of

his own choice.
(4) He must be informed that if he has no lawyer or
cannot afford one, a lawyer will be provided for
him; and that a lawyer may also be engaged by any
person in his behalf or may be appointed by the
Court upon petition of the person or one acting in
his behalf.
(5) That whether or not the person arrested has a
lawyer, he must be informed that no custodial
investigation in any form shall be conducted except
in the presence of his counsel or after a valid
waiver.
(6) The person arrested must be informed that, at
any time, he has the right to communicate or confer
by the most expedient means with his lawyer, any
member of his immediate family, or any medical
doctor, priest or minister chose by him or anyone of
his immediate family or by his counsel, or be visited
by/confer with duly accredited national or
international non-governmental organization. It
shall be the responsibility of the officer to ensure
that this is accomplished.
(7) He must be informed that he has the right to
waive any said rights provided it is made
voluntarily, knowingly and intelligently, and ensure
that he understood the same.
(8) If the person arrested waives his right to a
lawyer, he must be informed that this must be done
in writing and in the presence of the counsel,
otherwise he must be warned that the waiver is void
even if he insists in his waiver and chooses to
speak.
(9) The person arrested must be informed that he
may indicate in any manner at any time or stage of
the process that he does not wish to be questioned
with a warning that once he makes such indication
the police may not interrogate him if the same had
not yet commenced or the interrogation must cease
if it had already begun.
(10)
The person arrested must be informed
that the initial waiver of his right to remain silent,
the right to counsel or to any other rights does not
bar him from invoking it at any time during the
process, regardless of whether he may have
answered some questions or volunteered some
statements.
(11)
He must be informed that any statement
or evidence, as the case may be, obtained in
violation of any of the foregoing, inculpatory or

exculpatory, in whole or in part, shall be
inadmissible.
- Exclusionary Rule: Confession/Admission
obtained in violation of Section 12 and 17, Article
III of the Constitution shall be inadmissible in
evidence.
- Confession: declaration made voluntarily and
without compulsion or inducement by a person
acknowledging that he has committed or
participated in the commission of a crime.
- Any allegation of force, duress, undue influence
or other forms of involuntariness in exacting such
confession must be proved y clear, convincing and
competent evidence by the defense. Otherwise, the
confessions full probative value may be used to
demonstrate the guilt of the accused.
- Fruit of the Poisonous Tree: (Justice Frankfurter
Nardone vs. US)
Once the primary source is shown to have been
unlawfully obtained, any secondary or derivative
evidence derived from it is also inadmissible.
Basis: evidence illegally obtained by the State
should not be used to gain other evidence.
- Receipt of Seized Property if signed by the
accused without assistance of counsel and not
having been informed of his constitutional rights is
inadmissible.
People vs. Linsangan: initialed the P10 bill that
the police found tucked in his waist. Valid. Because
possession of marked bills did not constitute a
crime, the subject if the prosecution being his act of
selling marijuana cigs.
- Re-enactment of the Crime before, must be
appraised of his constitutional rights.
- Res Gestae admissible.
- Waiver of Exclusionary Rule: failure to object to
offer in evidence.
Right to Bail
- All persons except those charged with an
offense punishable by RP, when evidence of guilt is
strong, shall before conviction be bailable by
sufficient sureties or be released on recognizance as
- The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is
suspended.
- Excessive bail shall not be required.
25
- Bail: is the security given for the release of a

person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before
any court as may be required.
- Any person under detention, even if no formal
charge have yet been field, can invoke the right to
bail.
- When bail is authorized, it should be granted
before arraignment, otherwise, the accused may be
precluded from filing a motion to quash.
- Exceptions:
1. when charged with an offense punishable by RP
(or higher) and evidence of guilt is strong
2. traditionally, not available to military
- Duty of the Court when accused is charged with
an offense punishable by RP or higher.
Hearing on the motion for bail must be
conducted by the judge.
Prosecution must be given an opportunity to
present all the evidences.
Applicant having right of cross-examination and
to introduce evidence in rebuttal.
If prosecution refuses to adduce evidence or
fails to interpose an objection to the motion for bail,
it is still mandatory for the court to conduct a
hearing or ask searching and clarificatory questions
from which it may infer the strength of the evidence
of guilt or lack of it.
- The hearing on the petition for bail need not at
all times precede arraignment, because the rule is
that a person deprived of his liberty by virtue of his
arrest or voluntary surrender may apply for bail as
soon as he is deprived of his liberty, even before a
complaint or information is filed against him.
- Courts order granting or refusing bail must
contain summary of evidence for the prosecution.
- The assessment of the evidence presented
during bail hearing is only for the purpose of
granting or denying an application for the
provisional release of the accused liberal in their
approach, not being a final assessment.
- Bail is either:
1) A matter of right
Before or after conviction by MeTC, MTC
MTC in Cities, MCTC
Before conviction by RTC of an offense not
punishable by death, RP or life imprisonment.
2) Judges discretion
Upon conviction by RTC of an offense not

punishable by death, RP or life imprisonment.
The court, in its discretion, may allow the
accused to continue on provisional liberty under the
same bail bond during the period to appeal, subject
to consent of bondsman.
If court imposes penalty of imprisonment of 620 years, accused shall be denied bail or bail
previously granted cancelled, upon showing by
prosecution that:
1) The accused is a recidivist, quasi-recidivist,
habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
2) The accused is found to have previously
escaped from legal confinement, evaded sentence or
has violated the conditions of his bail without valid
justification;
3) The accused committed the offense while on
probation, parole or under conditional pardon;
4) Circumstances of the accused or his case
indicate the probability of flight if released on bail;
and
5) Undue risk that during pendency of the appeal,
the accused may commit another crime.
3) Denied
Accused is charged with a capital offense or an
offense punishable by RP or higher and evidence of
guilt is strong.
Principle denying bail to an accused charged
with a capital offense where evidence of guilt is
strong, applies with equal force to the appellant
who, though convicted of an offense not punishable
by death, RP, or life imprisonment was nevertheless
originally charged with a capital offense.
- Standards for fixing bail
1) Financial ability of the accused
2) Nature and circumstances of the offense
3) Penalty for the offense charged
4) Character and reputation of the accused
5) Penalty for the offense charged
6) Weight of the evidence against him
7) Age and health
8) Probability of appearing at the trial
9) Forfeiture of other bonds by him
10) Fact that he was a fugitive from justice when
arrested
11) Pendency of other cases in which he is under
bond
26
- Right to Bail and Extradition (Government of

the U.S. vs. Judge Purungan and Mark Jimenez)
The constitutional provision on bail applies only
when a person is arrested and detained for violation
of Philippine criminal laws. It does not apply to
extradition proceedings, because extradition courts
do not render judgments of acquittal or conviction.
It flows from the presumption of innocence in
favor of every accused who should not be subjected
to the loss of freedom unless his guilt is proved
beyond reasonable doubt. The constitutional
provision on bail will not apply to a case of
extradition where the presumption of innocence is
not an issue.
Extradition proceedings are separate and distinct
from the trial of the offenses for which he is
charged.
He should apply for bail before the courts trying
the criminal cases against him, not before the
extradition court.
After a potential extradite has been arrested and
placed under custody of the law, bail may be
applied for and granted as an exception, only after
clear and convincing showing that
a. Once granted bail, the applicant will not be a
flight risk or a danger to the community, and
b. There exists special, humanitarian and
compelling circumstances.
- Waiver of the Right to Bail personal to the
accused.
- The right to bail is not impaired by the
suspension if the privilege of the writ of habeas
corpus.
to have compulsory process to secure the

attendance of the witnesses and the production of
evidence in his behalf.
- After arraignment, trial may proceed
notwithstanding the absence of the accused,
provided that he has been duly notified and the
failure to appear is unjustifiable.
- Criminal due process:
1) accused has been heard in a court of competent
jurisdiction
2) accused is proceeded against under the orderly
processes of law
3) accused has been given notice and the
opportunity to be heard
4) judgment rendered was within the authority of a
constitutional law
- Unreasonable delay in resolving complaint is
violation of the right to due process and to speedy
trial dismissal of complaint.
Exception: petitioners own acts or complexity
of the issues involved.
- Hearing before an impartial and disinterested
tribunal. Bias must be shown by clear and
convincing evidence.
- Right to a hearing
- Plea of guilt to a capital offense. Mandatory
that:
1) TC must conduct a searching inquiry into the
voluntariness of the plea and the full comprehension
of the consequences;
2) Prosecution should present evidence to prove
the guilt of the accused and the precise degree of his
culpability; and
3) Accused must be asked if he desires to present
evidence in his behalf and should be allowed to do
so if he desires.
- The State and the offended party are entitled to
due process
- Presumption of Innocence: every circumstance
favoring the innocence of the accused must be taken
into account.
Will NOT apply if there is some logical
connection between the fact proved and the ultimate
fact presumed, and the inference of one fact from
proof of another shall not be so unreasonable as to
be purely arbitrarily mandate.
Can be invoked only by an individual accused
of a criminal offense.
Constitutional Rights of the Accused

- No person shall be held to answer for a criminal
offense without due process of law.
- In all criminal prosecutions,
the accused shall be presumed innocent until the
contrary is proved,
and shall enjoy the right to be heard by himself
and counsel,
to be informed of the nature and cause of
accusation against him,
to have a speedy, impartial and public trial,
to meet the witnesses face to face, and
27
Corporate entity has no personality to invoke

the same.
- Presumption that official duty was regularly
performed cannot, by itself, prevail over the
constitutional presumption of innocence.
Exception: when it is not the sole basis for
conviction.
- Constitutional presumption may be overcome
by contrary presumptions based on experience of
human conduct. (e.g. unexplained wealth)
- Circumstantial evidence in order to warrant
conviction:
1) More than one circumstance
2) Facts from which the inference are derived are
proven
3) Combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt.
- Equipose Rule: applicable only when the
evidence adduced by the parties are evenly
balanced, in which case the constitutional
presumption of innocence should tilt the scales in
favor of the accused.
- Right to be heard by himself and counsel:
efficient and truly decisive legal assistance.
Proceeds from fundamental principle of due
process.
Right to counsel during the trial is not subject to
waiver because even the most intelligent or
educated man may have no skill in the science of
law, particularly in the rules of procedure, and
without counsel. He may be convicted not because
he is guilty but because he does not know how to
establish his innocence.
Failure of the record to disclose affirmatively
that the TC advised the accused of his right to
counsel is not sufficient ground to reverse
conviction. The TC must be presumed to have
complied with the procedure prescribed by law for
the hearing and trial of the cases, and such
presumption can be overcome only by an
affirmative showing to the contrary.
- Right to counsel is not indispensable to due
process of law.
Exceptions: cannot be waived during trial.
But this is not absolute. Option cannot be used
to sanction reprehensible dilatory tactics, to trifle
with ROC, or prejudice the equally important rights
of the State and the offended party to speedy and

adequate justice.
- Preference in the choice of counsel pertains
more aptly and specifically to a person under
custodial investigation rather than one who is
accused in a criminal prosecution. Such preferential
discretion cannot partake of discretion so absolute
and arbitrary as would make the choice of counsel
refer exclusively to the prediction of the accused.
- General Rule: a client is bound by the mistakes
of his lawyer
Exceptions:
when
the
negligence
or
incompetence of counsel is deemed gross as to have
prejudiced the constitutional right of the accused to
be heard.
- Right to be informed of the nature and cause of
accusation against him.
Reasons:
1. furnish the accused with such a description of
the charge against him as will enable him to prepare
for his defense;
2. avail himself of his conviction or acquittal for
protection against a further prosecution for the same
cause; and
3. to inform the Court of the facts alleged, so that
it may decide whether they are sufficient in law to
support a conviction.
- When a judge is informed or discovers that an
accused is apparently in a condition of insanity or
imbecility, it is within his discretion to investigate
the matter.
- Requisites: The information must state:
1. name of the accused
2. designation of the offense given by statute
3. statement of acts or omissions so complained of
as constituting the offense
4. name of the offended party
5. approximate time and date of the commission of
the offense
6. place where the offense has been committed
7. facts and circumstances that have a bearing on
the culpability and liability of the accused
- Every element of the offense must be alleged in
the complaint or information, because the accused is
presumed to have no independent knowledge of the
facts that constitute the offense charged.
- Not necessary to state the precise time when the
offense was committed except when time is a
material ingredient of the offense.
28
- Description not the designation of the offense

controls.
- Accused can be convicted only of the crime
alleged or necessarily included in the allegations in
the information.
- While a TC can hold a joint trial of 2 or more
criminal case and can render a consolidated
decision, it cannot convict the accused of the
complex crime constitutive of the various crimes of
the 2 informations.
- Void for Vagueness Rule: the law is deemed
void where the statute itself is couched in such
indefinite language that it is not possible for men of
ordinary intelligence to determine what acts or
omissions are punishable.
- The right to be informed of the nature and cause
of the accusation against may not be waived but the
defense may waive the right to enter a plea and let
the court enter a plea of not guilty.
- Indictment must fully state the elements of the
specific offenses alleged to have been committed.
An accused cannot be convicted of an offense, even
if duly proven, unless it is alleged or necessarily
included in the complaint or information.
Different matter if the accused themselves
refused to be informed of the nature and cause of
the accusation against them.
- Accused may be convicted of as many offenses
charged in the information and proved during the
trial, where he fails to object to such duplicitous
information during the arraignment.
- Information which lacks certain material
allegations may sustain a conviction if the accused
fails to object to its sufficiency during trial and
deficiency is cured by competent evidence
presented therein.
- Right to Speedy, Impartial and Public Trial
Speedy Trial
Free from vexatious, capricious and oppressive
delays.
Accused entitled to dismissal, equivalent to
acquittal, if trial is unreasonably delayed.
Relative subject to reasonable delays and
postponements arising from illness, medical
attention, body operations, etc.
Aggrieved party also has the same rights as the
accused.
Separate trial is in consonant with the right of

the accused to a speedy trial.
RA 8493 (Speedy Trial Act):
o Arraignment of the accused w/in 30 days from
the filing of the information or from the date the
accused has appeared before the justice, judge or
court in which the charge is pending, whichever
date last occurs.
o If plea of not guilty has 15 days to prepare for
trial.
o Trial shall commence w/in 30 days from
arraignment as fixed by the court.
o No case shall the entire trial period exceed 180
days from the first day of trial, except as otherwise
authorized by the Chief Justice of the SC.
Impartial Trial
cold neutrality of an impartial judge for the
benefit of the litigants and is also designed to
preserve the integrity of the judiciary and to gain
and maintain the peoples faith in the institution s
they have erected when they adopted the
Constitution.
Pervasive publicity is not per se prejudicial to
the right of the accused to a fair trial.
Trial judges must be accorded a reasonable
leeway in asking questions as may be essential to
elicit relevant facts and to bring out the truth. This
is not only a right but also duty of the judge.
Public Trial
Intended to prevent abuses that may be
committed against accused.
Not absolute.
Not synonymous to publicized trial.
Means that the court doors must be open to
those who wish to come, sit in the available seats,
conduct themselves with decorum and observe trial
processes.
- Right to Meet the Witnesses Face to Face right
to cross-examine the complainant and the witnesses.
Testimony of the witness who has not submitted
himself to cross-examination is not admissible in
evidence being hearsay.
This right can be waived.
- Right to Compulsory Process to secure the
attendance of witnesses and the production of
evidence.
Subpoeana process directed to a person
requiring him to attend and to testify at the hearing
29
or trial of an action or at any investigation

conducted under the laws of the Philippines or for
the taking of his deposition.
2 kinds:
1. subpoena ad testificandum: compel a person to
testify
2. subpoena duces tecum: compel the production
of books, records, things or documents
o test of relevancy: books, documents or other
things requested must appear prima facie relevant to
the issue subject of the controversy
o test of definiteness: such books must be
reasonably described by the parties to be readily
identified
- Requisites:
1. evidence is really material
2. accused is not guilty of neglect in previously
obtaining the production of such evidence
3. the evidence will be available at the time desired
4. no similar evidence can be obtained.
- Trial in absentia
Purpose is to speed up the disposition of
criminal cases.
Mandatory upon the court whenever the accused
has been arraigned, notified of the date/s of
hearing/s and his absence is unjustified.
After the accused has waived further appearance
during trial, he can still be ordered arrested by the
court for non-appearance upon summons to appear
for purposes of identification.
Presence of the accused is mandatory:
1. arraignment and plea
2. during trial, for purposes of identification
3. promulgation of sentence, except for light
offense wherein accused may appear by
counsel/representative
Accused who escapes from confinement, jumps
bail or flees 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
waive his right to seek relief from the court.
produce the body of the prisoner at a designated

time and place, with the day and cause of his
caption/detention, to do, to submit to and to receive
whatever the court/judge awarding the writ shall
consider in his behalf.
- When available: restores the liberty of an
individual subjected to physical restraint. It secures
to the prisoner the right to have the cause of his
detention examined and determined by the courts;
and to have the issue ascertained as to whether he is
held under lawful authority.
- May also be availed of where, as a consequence
of a judicial proceeding:
1. there has been deprivation of constitutional
rights
2. the court has no jurisdiction to impose the
sentence
3. excessive penalty has been imposed, since such
sentence is void as to the excess.
- The writ will not issue where the person alleged
to be restrained on liberty is in the custody of an
officer under a process issued by the court which
has jurisdiction to do so.
- Even if the detention is at its inception illegal,
supervening events such as the issuance of a judicial
process, may prevent the discharge of the detained
person.
- That the preliminary investigation was invalid
and that the offense had already prescribed is not a
ground to grant the issuance of habeas corpus.
Remedy: motion to quash the WOA or file a
motion to quash the information based on
prescription.
- Desaparecidos (disappeared persons), persons in
whose behalf the writ was issued could not be found
Remedy: refer the matter to the Commission on
Human Rights
In case of doubt, the burden of proof rests on the
officers who detained them and who claim to have
effected the release of the detainees.
- All courts of competent jurisdiction may
entertain petitions for HC to consider the release of
petitioners convicted of violation of the Dangerous
Drugs Act, provided they have served the maximum
term of the applicable penalties newly prescribed by
RA 7659.
- HC lies only where the restraint of the persons
liberty has been judicially adjudged to be illegal or
unlawful.
Habeas Corpus
- The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or
rebellion when public safety requires it.
- Definition: a writ issued by a court directed to a
person detaining another, commanding him to
30
- Loss of judicial records, after 12 years of

detention in the service of the sentence imposed
upon conviction, will not entitle him to be released
on HC. Remedy: reconstitution of judicial
records.
- Have to comply with the writ. Disobedience
constitutes contempt of court.
- Not limited to the accused in a criminal

proceedings, but extends to all cases, including civil
and administrative cases and in all proceedings
including judicial and quasi-judicial hearings.
- Like right to speedy trial, this right is violated
only when the proceedings are attended by
vexatious, capricious and oppressive delays or when
unjustified postponements of the trial are asked for
and secured, or when without cause or justifiable
motive a long period of time is allowed to elapse
without the party having his case tried.
- Unlike right to speedy trial, this right is
available not only during trial but also when the
case has already been submitted for decision.
- Right extends to all citizens, including those in
the military, and covers the period before, during
and after trial.
- Right can be waived failure to seasonably
assert this right.
- In case of invasion or rebellion, when the public

safety requires it, the President may for a period not
exceeding 60 days, suspend the privilege of the writ
of HC.
- W/in 48 hours from the suspension, the
President shall submit a report, in person or in
writing, to Congress.
- Congress, voting jointly by a majority vote of at
least a majority of all its members in regular or
special session may revoke such proclamation or
suspension, such revocation shall not be set aside by
the President.
- Upon initiative of the President, the Congress
may, in the same manner, extend such proclamation
or suspension for a period to be determined by
Congress, if the invasion or rebellion shall persists
and public safety requires it.
- SC may review, in appropriate proceeding filed
by any citizen, the sufficiency of the factual basis
for the proclamation of martial law and the
suspension of the privilege of the HC or the
extension thereof.
- SC must promulgate its decision w/in 30 days
from filing.
- The suspension of the privilege of the writ shall
apply only to persons charged for rebellion or
offenses inherent in or directly connected with
invasion.
- During the suspension of the privilege of the
writ, any person thus arrested or detained shall be
judicially charged within 3 days, otherwise he shall
be released.
Self-incrimination
- No person shall be compelled to be a witness
against himself.
- Right is available not only in criminal
prosecutions but also in all other government
proceedings,
including
civil
actions
and
administrative or legislative investigations.
- It may be claimed not only by the accused but
also by any witness to whom a question calling for
an incriminating answer is addressed.
- General Rule: it may be invoked only when and
as the question calling for an incriminating answer
is asked. This applies only to ordinary witness.
In criminal prosecution accused may not be
compelled to take the witness stand.
Similarly applicable to a respondent in an
administrative proceeding.
- Scope: not against all compulsion, but
testimonial compulsion only. (not the inclusion of
his body in evidence when it may be material)
Prohibition extends to the compulsion for the
production of documents, papers and chattels that
may be used as evidence against the witness, except
where the State has a right to inspect the same such
as the books of accounts of corporations, under the
police or taxing power or where a government
official is required to produce official
documents/public records which are in their
possession.
- Suspension of the privilege does not suspend the

right to bail.
Speedy Disposition of Cases
- All persons shall have the right to a speedy
disposition of cases before all judicial, quasijudicial or administrative bodies.
31
Also protects the accused against any attempt to

compel him to furnish a specimen of his
handwriting in connection with a prosecution for
falsification.
- Immunity:
1) Transactional Immunity: witness immune from
any criminal prosecution for an offense to which his
compelled testimony relates.
2) Use and Fruit Immunity: prohibits the use of the
witness compelled testimony and its fruits in any
manner in connection with the criminal prosecution
of the witness.
- Those granted this privilege paid a high price
the surrender of their right to remain silent. Should
be given a liberal interpretation.
- Waiver: either directly or by failure to invoke it,
provided that the waiver is certain and unequivocal
and intelligently made.
detainee, or the use of substandard or inadequate

penal facilities under subhuman conditions shall be
dealt with by law.
- Mere severity does not constitute cruel or
unusual punishment.
- The penalty must be flagrantly and plainly
oppressive, wholly disproportionate to the nature of
the offense as to shock the moral sense of the
community.
- Death penalty is not a cruel or unusual
punishment. It is an exercise of the States power to
secure society against the threatened and actual evil.
Automatic review in death penalty cases shall
proceed even in the absence of the accused,
considering that nothing less than life is at stake and
any court decision must be error-free as possible.
Non-imprisonment for Debt
- No person shall be imprisoned for debt or nonpayment of a poll tax.
- While the debtor cannot be imprisoned for
failure to pay his debt, he can be validly punished in
a criminal action if he contracted his debt through
fraud, as his responsibility arises not from the
contract of loan, but from the commission of the
crime.
Non-detention by Reason of Political Beliefs or

Aspirations
- No person shall be detained solely by reason of
his political beliefs or aspirations.
Involuntary Servitude
- No involuntary servitude in any form exist
except as a punishment for a crime whereof the
party shall have been duly convicted.
- Exceptions:
1) Punishment for a crime whereof one has been
duly convicted;
2) Patria potestas
3) Posse comitatus
4) Return to work order in industries affected by
public interest
5) Service in defense of the state
6) Naval (merchant marine) enlistment
Double Jeopardy
- No person shall be twice put in jeopardy of
punishment for the same offense.
- If an act is punished by law and an ordinance,
conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.
- Requisites:
1. valid complaint or information
does not attach in preliminary investigation.
2. filed before a competent court
mistake has been made in charging the proper
offense, the first charge shall be dismissed to pave
the way for the filing of the proper offense. The
dismissal of the first case will not give rise to
double jeopardy inasmuch as the court does not
have jurisdiction over the case,
3. to which defendant had pleaded
no arraignment = no double jeopardy
grant of motion to quash, filed before the
accused makes his plea, can be appealed by the
prosecution because the accused has not yet been
placed in jeopardy.
Prohibited Punishment
- Excessive fines shall not be imposed.
- Nor cruel, degrading or inhuman punishment
inflicted.
- Neither shall death penalty be imposed, unless
for compelling reasons involving heinous crimes,
the Congress hereafter provides for it.
- Any death penalty already imposed shall be
reduced to RP.
- The employment of physical, psychological or
degrading punishment against any prisoner or
32
1) Against 2nd prosecution for the same offense

after acquittal;
2) Against a 2nd prosecution for the same offense
after conviction; and
3) Against multiple punishments for the same
offense.
- Instances when prosecution may appeal
1) Prosecution is denied due process, such denial
results in loss or lack of jurisdiction and this appeal
may be allowed
2) Accused has waived or is estopped from
invoking his right against double jeopardy
- No double jeopardy
1) Mistrial
2) State is deprived of fair opportunity to prosecute
and prove its case
3) Dismissal of information/complaint is purely
capricious
4) Lack of proper notice to be heard
5) Accused waives or is estopped from invoking
his right against double jeopardy.
6) Dismissal/acquittal is made with grave abuse of
discretion
- Discharge of co-accused to be utilized as
government witness
- Accused cannot be prosecuted anew for an
identical offense, or for any attempt to commit the
same or frustration thereof, or for any offense
which necessarily includes or is necessarily
included in the offense charged in the original
complaint or information.
- Doctrine of Supervening Event the accused
may still be prosecuted for another offense if a
subsequent development changes the character of
the first indictment under which he may have
already been charged or convicted.
The conviction of the accused shall not be a bar
to another prosecution for an offense which
necessarily includes the offense charged in the
original complaint or information when:
a. Graver offense developed due to supervening
facts arising from the same act or omission;
b. Facts constituting the graver offense or were
discovered only after the filing of the former
complaint or information; or
c. The plea of guilty to a lesser offense was made
without the consent of the fiscal or the offended
party.
4. defendant was previously acquitted or

convicted, or the case dismissed or otherwise
terminated without his express consent
promulgation of only one part of the decision is
not a bar to the promulgation of the other part, the
imposition of the criminal accountability and does
not constitute a violation of the proscription against
double jeopardy.
- Dismissal of action
1. permanent dismissal
1) termination of the case on the merits resulting in
either conviction or acquittal
2) dismissal of the case because of the
prosecutions failure to prosecute
3) dismissal on the ground of unreasonable delay
in violation of the right to speedy trial
2. provisional dismissal dismissal without
prejudice to reinstatement before order of dismissal
becomes final or to subsequent filing of a new
information within the periods allowed by law.
- Express consent directly given, either viva
voce or in writing, a positive, direct, unequivocal
consent requiring no inference or implication to
supply its meaning.
- When dismissal is made at the instance of the
accused, there is no double jeopardy.
- When the ground for motion to dismiss is
insufficiency of evidence (grant of demurrer)
equivalent to an acquittal and any further
prosecution would violate the constitutional
proscription against double jeopardy.
- When the proceedings have been unreasonably
prolonged as to violate the right of the accused to
speedy trial double jeopardy
- Revival of the case provisionally dismissed
time-bar for the revival of criminal cases
provisionally dismissed with the express consent of
the accused and with prior notice to the offended
party:
1) 2 years if the offense charged is penalized by
more than 6 years imprisonment
2) 1 years if the penalty imposed does not exceed 6
years imprisonment or a fine in whatever amount
- Prohibits the state from appealing or filing a
petition for review if judgment of acquittal that was
based on the merits of the case. Certiorari will lie to
correct errors of judgment.
- Double jeopardy provides three related
protections:
33
Ex post facto law and Bill of attainder

- No ex post facto law or bill of attainder shall be
enacted.
- Ex post facto law
Kinds
a. Law that makes criminal an action done before
the passage of the law and which was innocent
when done, and punishes such action;
b. Law that aggravates a crime, or makes it
greater than it was when committed;
c. Law that changes the punishment, and inflicts
a greater punishment than the law annexed to the
crime when committed;
d. Law that alters legal rules of evidence and
receives less or different testimony than the law
required at the time of the commission of the
offense, in order to convict the offender;
e. Law which, assuming to regulate civil rights and
remedies only, in effect imposes a penalty or the
deprivation of a right for something which when
done was lawful;
f. Law which deprives a person accused of a crime
of some lawful protection to which they have been
entitled
Characteristics
a. Retroactive
b. Works to the prejudice of the accused
c. Refers to criminal matters
- Bill of attainder
Definition: legislative act that inflicts
punishment without trial.
Substitutes legislative fiat for a judicial
determination of guilt.
It is only when the statute applies either to
named individuals or to easily ascertainable
members of a group in such a way as to inflict
punishment on them without judicial trial that it
becomes a bill of attainder.
Anti-Subversion Act is not a bill of attainder.
simply declares that the Communist Party is an
organized conspiracy to overthrow the Government
and for definitional purposes only.
- Nationality is membership in any class or form

of political community. It does not necessarily
include the right/privilege of exercising civil or
political rights.
- Modes of acquiring:
1) Marriage
2) Birth
- Jus soli
- Jus sanguinis
3) Naturalization
- Natural-born citizens citizens of the
Philippines from birth without having to perform
any act to acquire or perfect their Philippine
citizenship.
- Marriage by Filipino to an alien citizens of the
Philippines who marry aliens shall retain their
citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it.
- Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.
- Dual citizenship as a disqualification under the
LGC must refer to dual allegiance.
- For candidates with dual citizenship, it is
sufficient that they elect Philippine citizenship upon
the filing of their certificate of candidacy to
terminate their status as persons with dual
citizenship.
Filing of certificate of candidacy is sufficient to
renounce foreign citizenship.
- Attack on ones citizenship may be made only
through a direct and not collateral attack.
- Doctrine of res judicata does not ordinarily
apply to questions of citizenship.
Exception:
1) Persons citizenship is resolved by a court or an
administrative body as a material issue in the
controversy, after full-blown hearing
2) Active participation of the SolGen or his
representative
3) Finding of citizenship is affirmed by the SC
- Citizens of the Philippines
1) Citizens of the Philippines at the time of the
adoption of the 1987 Constitution
2) Whose fathers or mothers are citizens of the
Philippines
3) Born before January 17, 1973, of Filipino
mothers, who elect Philippines citizenship upon
reaching the age of majority
VII. CITIZENSHIP
- Definition: membership in a political
community which is personal and more or less
permanent in character.
34
Election stated in a statement to be signed and

sworn to by the party concerned before any official
authorized to administer oath.
Filed with the nearest Civil Registry
Accompanied with the Oath of Allegiance to the
Constitution and the Government
Within 3 years from reaching the age of
majority except when there is justifiable reason for
delay.
Doctrine of Implied Election exercise of right
of suffrage and participation in the election
exercises
Right is available to the child as long as the
mother was a Filipino citizen at the time of the
marriage to the alien, even if by reason of such
marriage, she lost her Philippine citizenship and
even if the mother was not a citizen at time of birth.
Right to elect Philippine citizenship is an
inchoate right
During his minority, child is an alien.
Apply only to legitimate children.
If the child is illegitimate, he follows the status
and citizenship of his known parent, the mother.
4) Naturalization
2) Honorably held office in Government

3) Introduced a useful invention or established a
new industry
4) Engaged as a teacher in the Philippines, public
or private school (except those established for the
exclusive instruction of persons of a particular
nationality) or in any branches of education or
industry for a period of not less than 2 years
3) Good moral character; believes in the
underlying principles of the Constitution; conducted
himself in a proper and irreproachable manner
during his residency
4) Own real estate in the Philippines not less than
P5,000, have some lucrative trade, profession or
lawful occupation
5) Speak and write English/Spanish/any principal
Philippine languages
6) Enrolled his minor children of school age to
public/private schools recognized by the
Government, where Philippine history, government
and civic are taught
- Disqualifications:
1) Opposed to organized government or affiliated
with any association of groups/persons who uphold
and teach doctrines opposing all organized
governments
2) Defending or teaching the propriety of violence,
personal assault, assassination for the success or
predominance of ideals
3) Polygamists or believers
4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable
contagious disease
6) Who, during the period of their residence, have
not mingled socially with Filipinos or who have not
evinced a sincere desire to learn and embrace the
customs, traditions and ideals of the Filipinos
7) Citizens and subjects of nations with whom the
Philippines is at war, during the period of such war
8) Citizens and subjects of foreign country whose
law does not grant Filipinos the right to become
naturalized citizens
- Procedure
1) File declaration of intention with SolGen one
year prior to the filing of the petition
Exception:
1) Born in the Philippines and received primary
and secondary education in public or private
- Modes of Naturalization
Direct
1) Judicial or administrative proceedings
2) Special act of legislature
3) Collective change of nationality, resulting from
cession or subjugation
4) Adoption of orphan minors as nationals of the
State where they were born
Derivative
1) Alien woman upon marriage to a national
2) Minor children of naturalized person
3) Wife of naturalized husband
- Doctrine of Indelible Allegiance: 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.
- Qualifications:
1) Not less than 21 at the date of the hearing;
2) Resided in the Philippines for a continuous
period of 10 years
Reduced to 5 years IF
1) Born in the Philippines
35
schools recognized by the Government and not

limited to particular race
2) Resided in the Philippines for 30 years or more
before the petition and enrolled his children to
elementary and high schools recognized by the
Government and not limited to particular race
3) Widow and minor children if an alien who has
declared his intention to become a citizen of the
Philippines and dies before he is actually
naturalized.
2) File petition + affidavit of 2 credible persons,
citizens of the Philippines who personally know the
petitioner, as character witness
3) Publication of petition
Jurisdictional
Published in OG or in a newspaper of general
circulation once a week for three consecutive weeks
4) Actual residence during the entire proceedings
5) Hearing
6) Promulgation of the decision
7) Hearing after 2 years (Probation period of 2
years)
Not left the Philippines
Dedicated himself continuously to a lawful
calling/profession
Not been convicted of any offense or violation
of rules
Not committed any act prejudicial to the interest
of the nation or contrary to any Governmentannounced policies
8) Oath taking and issuance of certification
- Grounds for Denaturalization

1) Naturalization certificate obtained fraudulently
or illegally
2) Invalid declaration of intention
3) Minor children failed to graduate through the
fault of parents
4) Allowed himself to be used as dummy
5) If within 5 years he returns to his native country
or some foreign country and establishes residence
there
- 1-year stay in native country or 2-year stay in a
foreign country is prima facie evidence of intent to
take up residence
- Effects of Denaturalization: if the ground affects
the intrinsic validity of the proceedings, the
denaturalization will divest wife and children; if
ground is personal to the denaturalized Filipino, his
wife and children shall retain Philippine citizenship.
- Naturalization by direct legislative action
discretionary on Congress; usually for aliens who
made outstanding contributions to the country
Administrative Naturalization grant
Philippine citizenship by administrative proceedings
to aliens born and residing in the Philippines
Special Committee on Naturalization - SolGen
(Chairman), Sec of FA and National Security
Adviser power to approve, reject or deny
applications
Qualifications
1) Born in the Philippines and residing therein
since birth
2) Not less than 18 at the time of filing
3) Good moral character; believes in the
underlying principles of the Constitution; conducted
himself in a proper and irreproachable manner
during his residency
4) Received primary and secondary education in
any public/private school recognized by DECS,
where Philippine history, government and civics is
taught and not limited to any race/nationality;
Provided that where he has minor children, must be
enrolled in similar schools
5) Known trade, business, profession or lawful
occupation from which he derives income sufficient
to support himself and family
N/A to college degree holders who are
disqualified from practicing their profession due to
citizenship requirements
- Effects
1) Vests citizenship on wife if she herself may be
naturalized
2) Minor children born in the Philippines before
naturalization shall also be considered citizens
3) Minor children born outside the Philippines but
residing in the Philippines at the time of
naturalization shall also be considered citizens
4) Minor children born outside the Philippines
shall be citizens only during minority, unless he
begins to reside permanently in the Philippines
5) Child born outside the Philippines, after the
naturalization of the parents shall be considered
citizens, Provided he registers as such before any
Philippine consulate within one year after attaining
majority age and takes his oath of allegiance
36
6) Able to read, write and speak Filipino or any of

the dialects
7) Mingled with Filipinos and evinced a sincere
desire to learn and embrace the customs and
traditions and ideals of the Filipino people
- Procedure
1) File with Special Committee a petition
2) Publication of pertinent portions of the petition
once a week for 3 consecutive weeks in newspaper
of general circulation
3) Posting of copies in public or conspicuous areas
4) Furnish copies to following agencies who shall
post copies of the petition in any public or
conspicuous areas in their building officers and
premises and within 30 days submit to Committee a
report stating whether or not petitioner has any
derogatory record on file
DFA
Bureau of Immigration and Deportation
Civil registrar of petitioners place of residence
NBI
5) Within 60 days from receipt of agencies report,
Committee shall consider and review all
information.
6) If Committee receives any adverse information,
Committee shall allow petitioner to answer, explain
or refute the petition
7) Deny or Approve petition
8) Within 30 days from approval, petitioner pays
P100,000, take oath of allegiance and certificate of
naturalization shall issue.
9) Within 5 days from taking oath, BoI shall
forward copy of oath to the proper local civil
registrar and cancel petitioners alien certificate of
registration.
- Status of Alien Wife and Minor Children
May filed a petition for cancellation of their
alien certificate of registration.
If applicant is a married woman, husband may
not benefit. But minor children may avail of the
right to seek the cancellation of alien certificate of
registration.
- Cancellation of the Certificate of Naturalization
1) Naturalized person or representative made any
false statement or misrepresentation or obtained
citizenship fraudulently or illegally or committed
any violation of the law, rules or regulations
2) w/in 5 years shall establish permanent residence

in a foreign country
o 1-year stay in native country or 2-year stay in a
foreign country is prima facie evidence of intent to
take up residence
3) Allowed himself, wife or children with acquired
citizenship to be used as dummy
4) He, his wife or children commits any act
inimical to national interest
Loss and Reacquisition of Philippine Citizenship
- Loss of Citizenship
1) Naturalization in a foreign country
- RA 9225
2) By express renunciation of citizenship
3) By subscribing to an oath of allegiance to
support the Constitution or laws of a foreign
country upon attaining 21 years of age
- Principle of Indelible Allegiance Filipino may
not divest himself of Philippine citizenship in this
manner while Philippines is at war with any country
4) By rendering service or accepting commission
in the armed forced of a foreign country
- Exceptions:
1) Philippines has a defensive and/or offensive
pact of alliance with the said foreign country
2) Foreign country maintains armed forces in the
Philippine territory with consent of the Republic
5) By cancellation of the certificate of
naturalization
6) By having been declared by competent authority
a deserter of the Philippine armed forces in time of
war
- Reacquisition of Citizenship
1) Taking the oath of allegiance required of former
natural-born Philippine citizens who may have lost
their citizenship by reason of their acquisition of the
citizenship of a foreign country
2) Naturalization provided that he possesses none
of the disqualifications
3) Repatriation or deserters of the Army, Navy or
Air Corps; a woman who has lost her citizenship by
reason of marriage may be repatriated after
termination of marital status
- Repatriation takes effect as of the date of filing
of his application.
- Effect of repatriation is to allow the person to
recover or return to his original status before he lost
his Philippine citizenship.
37
4) Direct act of Congress
2) Extend only to subjects or matters which are

within the legal powers of the local legislative body
to enact
3) If at any time before the initiative is held, the
local legislative body shall adopt in toto the
proposition presented, the initiative shall be
cancelled
VIII. THE LEGISLATIVE DEPARTMENT

- Legislative power the power to propose, enact,
amend and repeal laws
- Vested in Congress except to the extent reserved
to the people by the provision in initiative and
referendum
People can directly propose and enact laws or
approve or reject any act or law or part thereof
passed by the Congress or local legislative body
after the registration of a petition thereof signed by
at least 10 per centum of the total number of
registered voters, of which every legislative district
must be represented by at least 3 per centum of the
registered voters.
Initiative power of the people to propose
enact legislation through an election called for that
purpose.
1) Initiative on the Constitution
2) Initiative on Statutes
3) Initiative on local legislation
Indirect Initiative exercise of initiative by the
people through a proposition sent to Congress or
local legislative body for action
Referendum power of the electorate to
approve or reject legislation through an election
called for that purpose.
1) Referendum on Statutes
2) Referendum on local legislation
- Prohibited measures
1) Petition embracing more than one subject
2) Involving emergency measures, the enactment
of which is specifically vested in Congress by the
Constitution, cannot be subject to referendum, until
90 days after effectivity
- Local Initiative,
Not less than 2,000 registered voters in case of
autonomous regions
1,000 in provinces and

cities
100 in municipalities
50 in baranagays
File a petition with Regional Assembly or local
legislative body
- Limitation on Local Initiative
1) Exercised not more than once a year
- Composition of Congress: Senate and House of

Representative
- Senate: 24 senators, elected at large by qualified
voters
Qualifications
1) Natural-born
2) On the day of the election, at least 35 years of
age
3) Able to read and write
4) Registered voter
5) Resident of the Philippines for not less than 2
years immediately preceding the day of the election
Term: 6 years, commencing at noon on 30 th day
of June next following their election
Limitation: no senator shall serve for more than
2 consecutive terms. Voluntary renunciation of
office for any length of time shall not be considered
as an interruption in the continuity of his service for
the full term for which elected.
- House of Representatives: not more than 250,
unless otherwise provided by law
Composition
1) District representative
2) Party-list representative
3) Sectoral representative
Apportionment of legislative district is a
justiciable question
o (Provinces and cities and Metro Manila area)
Apportionment shall be made in accordance with
the number of respective inhabitants on the basis of
a uniform and progressive ratio.
o Each city with not less than 250,00 inhabitants
entitled to at least 1 rep
o Each province, irrespective of number of
inhabitants entitled to at least 1 rep
Each legislative district shall comprise, as far as
practicable, compact, contiguous and adjacent
territory.
38
Congress to make reapportionment of legislative

districts within 3 years following return of every
census.
Constitution does not preclude Congress from
increasing its membership by passing a law other
than a general apportionment law.
Reapportionment of legislative districts may be
made through a special law.
Qualifications:
1) Natural-born Filipino citizen
2) At the day of the election, at least 25 years old
4) Except the party-list representative, a registered
voter in the district in which he shall be elected
5) Resident thereof for not less than 1 year
immediately preceding the day of the election
Principles
1) Minor follows domicile of parents
2) Domicile of origin is lost only when there is
a. actual removal or change of domicile
b. bona fide intention of abandoning the former
residence and establishing a new one
c. acts which corresponds with the purpose
3) Wife does not automatically gain husbands
domicile
THEORY OF LEGAL IMPOSIBILITY J.
Francisco (Aquino v. Comelec)
Immigration to the US by virtue of a green
card constitutes abandonment of domicile in the
Philippines. (Caasi vs. COMELEC)
Term: 3 years, commencing at noon on the 30th
day of June next following their election,
Limitation: shall not serve for more than 3
consecutive terms.
- Party-List System: mechanism for proportional
representation
Party: political party, sectoral party or coalition
of parties
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
certain of its leaders and members as candoidates
for public office.
National Party: constituency is spread over the
geographical territory of at least a majority of the
regions.
Regional Party: constituency is spread over the

geographical territory of at least a majority of the
cities and provinces comprising the region.
Sectoral Party: (LUFEP-WHIP-VY) organized
group of citizens belonging to any of the following:
labor, urban poor, fisherfolk, elderly, peasants,
women,
handicapped,
indigenous
cultural
communities, overseas workers and professionals,
veterans and youth.
Sectoral Organization: group of citizens or a
coalition of groups of citizens who share similar
physical attributes, characteristics, employment,
interest or concern.
Coalition: aggrupation of duly registered
national, regional, sectoral parties or organization
for political and/or election purposes.
- Registration/Manifestation to Participate in the
Party-List System
90 days prior to election, petition verified by its
President or Secretary
If already registered, file instead a manifestation
of its desire to participate in the party-list system
- Refusal and/or Cancellation of Registration
(motu proprio or upon verified complaint filed by
any interested party; after due notice and hearing)
1) Religious sect/denomination
2) Advocate violence to attain goal
3) Foreign party/organization
4) Receives support from foreign party/org
5) Declares untruthful statement in its petition
6) Violates or fails to comply with election laws,
rules and regulations
7) Failed to participate in the last 2 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
8) Ceased to exist for at least 1 year
- Nomination of a party-list representative: each
registered party, organization or coalition must
submit a list of names to the COMELEC not later
than 45 days before the election.
Not less than 5
Only persons who have given their consent may
be included in the list
Not include any candidate for elective position,
or who lost the immediately preceding election
No change allowed except:
39
1) Dies
2) Withdraws in writing
3) Becomes incapacitated
Incumbent who are nominate are NOT
considered resigned.
- Qualifications of a Party-list nominee
1) Natural-born citizen
3) Registered voter
4) Resident of the Philippines at least 1 year
immediately preceding the day of the election
5) Bona fide member of the party/organization
which he seeks to represent at least 90 days
preceding the day of the election
6) At least 25 years old at the day of the election
7) Youth sector at least 25 but not more than 30.
If during his term reaches the age of 30, he shall be
allowed to continue until expiration of term.
- Manner of Voting every voter entitled to two
votes, 1 for member of the House and 1 for the
party, organization or coalition.
- Number 20% of the total number of the
members of the House including those under the
party-list.
In determining the allocation of seats for the
second vote:
1) Parties, organizations and coalitions shall be
ranked from the highest to the lowest cased on the
number of votes they garnered during the election
2) Parties, organizations and coalitions receiving at
least 2% of the total votes cast for the party-list
system shall be entitled to 1-seat each, those
garnering more than 2% of the votes shall be
entitled to additional seats in proportion to their
total number of votes
3) Each party, organization or coalition shall be
entitled to not more than 3 seats
4 inviolable parameters:
1) 20% allocation: combined number of all partylist congressmen shall not exceed 20% of the total
membership of the House
2) 2% threshold: only those parties garnering a
minimum of 2% of the total valid votes cast for the
party-list system are qualified to have a seat
3) 3-seat limit: each qualified party, regardless of
the number of votes it actually obtained, is entitled
to a maximum of 3 seats
4) Proportional representation: additional seats

which a qualified party is entitled to shall be
computed in proportion to their number of votes.
In order that a political party registered under
the party-list system may be entitled to a seat in the
House:
1) Represent the marginalized and underrepresented sector
2) Major political parties must comply with this
statutory policy
3) Constitutional prohibition against religious sect
4) Not disqualified under RA7941
5) Not adjunct or project funded by government
6) Party and its nominees must comply with the
requirements of the law
7) Nominee must also represent the marginalized
and under-represented sector
8) Nominee must be able to contribute to the
formulation and enactment of appropriate
legislation
- Choosing Party-List Representative: proclaimed
by COMELEC based on a list of names submitted
by respective parties, according to their ranking in
the list.
- Effect of Change of Affiliation
Changes affiliation during term forfeiture of
seat
IF w/in 6 months before election, he shall not be
eligible for nomination under new party
- Vacancy automatically filled by the next rep
from the list of nominees and shall serve for the
unexpired term. If the list is exhausted, the party,
organization or coalition shall submit additional
nominees.
- Term of Office: term of 3 years and shall be
entitled to same salaries and emoluments as regular
members of the House.
Election
Regular: 2nd Monday of May
Special: to fill a vacancy; serve for the
unexpired term
Salaries
Determined by law.
No increase in said compensation shall take
effect until after the expiration of the term of all the
40
members of the Senate and House approving such

increase.
next regular session, exclusive of Saturdays,

Sundays and legal holidays.
Special: call by president usually to consider
legislative measure which the President may
designate in his call
Joint
1) Voting Separately
a. Choosing the president
b. Determine disability of the president
c. Confirming nomination of VP
d. Declaration of the existence of a state of war
e. Proposing constitutional amendments
2) Voting Jointly
a. Revoke/extend proclamation suspending the
privilege of the writ of HC
b. Or placing the Philippines under martial law
Adjournment neither House during the
sessions of the Congress shall, without the consent
of the other adjourn for more than 3 days nor to any
other place than that in which the 2 Houses shall be
sitting.
Privileges
1) Freedom from Arrest
Offenses punishable by not more than 6 years
imprisonment, be privileged from arrest while
Congress is in session.
2) Privilege of Speech and of Debate
Not be questioned nor be held liable in any
other place for any speech/debate in the Congress or
in any committee.
Held to account for such speech or debate by the
House to which he belongs
Disqualifications
1) Incompatible Office
Not hold any other office or employment
Forfeiture of the seat in Congress automatically
upon assumption of incompatible office.
N/A if he holds the government office in an ex
officio capacity
2) Forbidden Office
Neither shall he be appointed to any office
which may have been created or the emoluments
thereof increased during the term for which he was
elected.
Last only for the duration of the term for which
the member of Congress was elected.
Officers
Senate elects its President
House elects its Speaker
Each nay choose such other officers as it may
deem necessary
Quorum
Majority of each House
But a smaller number may adjourn from day to
day and may compel the attendance of absent
Members in such manner and under such penalties
as such House may determine
Quorum in the Senate shall be the total number
of Senators who are in the country and within the
coercive jurisdiction of the Senate.
Other Inhibitions
not personally appear as counsel before any
court, ET, quasi-judicial or other administrative
bodies
not be directly or indirectly interested
financially in any contract with, or any franchise or
special privilege granted by the Government
not intervene in any matter before any office of
the Government for his pecuniary benefit or where
he may be called upon to act on account of his
office.
Rules of Proceedings
Each House determined the rules of its
proceedings.
Discipline of Members
House may punish its members for disorderly
behavior, and with concurrence of 2/3 of all its
members, suspend (for not more than 60 days) or
expel a member.
Session
Regular: convene once a year on the 4th Monday
of July unless a different date is fixed by law; and
shall continue for such number of days as it may
determine until 30 days before the opening of its
41
Determination of acts which constitute

disorderly behavior is within the full discretionary
authority of the House concerned, and the Court
will not review such determination, the same being
a political question.
b. Death
c. Resignation from political party
d. Formal affiliation to another political party
e. Removal for other valid causes
Cannot disqualify senator-member just because
election contest is filed against him. (Abbas vs.
Senate ET)
Doctrine of Primary Administrative Jurisdiction,
prior recourse to the House is necessary before the
case may be brought to the Court.
Power: sole judge of all contests relating to the
election, returns and qualifications of their
respective members.
HRET may assume jurisdiction only when after
the winning candidate shall have been duly
proclaimed, has taken oath of office, and has
assumed functions of the office.
Decisions may be reviewed by SC by showing
grave abuse of discretion in a petition for certiorari
filed under R65.
Records and Books of Accounts

Preserve and open to public
Books shall be audited by COA which shall
publish annually an itemized list of amounts paid to
and expenses incurred by each member.
Legislative Journal and Congressional Records
Each House shall keep a Journal of its
proceedings, and from time to time publish the
same, excepting such parts as may, in its judgment,
affect national security;
And the yeas and nays on any question shall, at
the request of 1/5 of the Members present, be
entered in the Journal.
Each House shall also keep a Record of its
proceedings.
Matters which under the Constitution are to be
entered in the journal:
a. Yeas and nays on 3rd and final reading of a bill
b. Veto message of the President
c. Yeas and nays on the repassing of a bill vetoed
by the President
d. Yeas and nays on any question at the request of
1/5 of members present.
Enrolled Bill Theory: enrolled bill is one duly
introduced and finally passed by both Houses,
authenticated by the proper officers of each and
approved by the President.
Enrolled Bill prevails, except to matters which
under the Constitution must be entered in the
Journal.
Commission on Appointment
Composition
a. Senate President, ex-officio chairman
b. 12 senators
c. 12 house
* b and c elected by each House on the basis of
proportional representation from the political parties
registered.
Powers act on all appointments submitted to it
within 30 session days of Congress from their
submission.
Shall rule by majority vote of its members
Meet only while Congress is in session
At the call of its Chairman or majority of all its
members
Independent of the 2 Houses and has the power
to promulgate its own rules of proceedings.
Electoral Tribunals
Composition
a. 3 SC Justices designated by CJ, the senior
justice shall be the chairman
b. 6 members of the house, chosen on the basis of
proportional representation from the political parties
registered
Non-partisan court; independent of Congress
Termination of Membership:
a. Expiration of congressional term
Powers of Congress
1. General (plenary) legislative power
- Limitations:
1. Substantive
- Express
a. Bill of rights
b. Appropriations
c. Taxation
42
d. Constitutional appellate jurisdiction of SC

e. No law granting a title of royalty or nobility
shall be passed
- Implied
a. Non-delegation of powers
b. Prohibition against the passage if irrepealable
laws
2. Procedural
a. Only one subject to be expressed in the title
- Title is not required to be an index of the
contents of the bill
- Sufficient compliance if the title expresses the
general subject and all the provisions of the statute
are germane to thee subject
- Sufficient if the title is comprehensive enough,
as in this case, to include subjects related to the
general purpose which the statute seeks to achieve.
- Rider is a provision not germane to the subject
matter of the bill.
b. Three readings on separate days
- Printed copies of bill in its final form distributed
to Members 3 days before its passage
- EXCEPT when the President certifies to its
immediate enactment to meet a public calamity or
emergency
- Upon last reading, no amendment allowed, and
vote thereon taken immediately and the yeas and
nays entered in the journal
- Presidential certification dispensed with the
requirement not only of printing but also that of
reading the bill on separate days.
3. Legislative Process
- Requirements as to bill
Only 1 subject to be expressed in the title
Appropriation, revenue bills, tariff bills, bills of
local application, bills authorizing increase of
public debts and private bills shall originate
exclusively in the House of Representative.
It is not the law, but the bill, which is required to
originate exclusively in the House, because the bill
may undergo such extensive changes in the Senate
that the result may be a rewriting of the whole.
The Constitution does not prohibit the filing in
the Senate of a substitute bill in anticipation of its
receipt of the bill from the House, so long as the
action by the Senate as a body is withheld pending
receipt of the House bill.
- Procedure: passed 3 readings on separate days,
and printed copies in its final form have been
distributed to its Members 3 days before its passage

EXCEPT when President certifies to the necessity
of its immediate enactment to meet a public
calamity or emergency.
Courts are denied the power to inquire into
allegations that, in enacting a law, a House of
Congress failed to comply with its own rules, in the
absence of any showing that there was a violation of
constitutional requirements or the rights of private
individuals.
It is within the Bicameral Conference
Committee to include in its report an entirely new
provision that is not found either in the House or
Senate bill.
If the Committee can propose an amendment
consisting of 1 or 2 provisions, there is no reason
why it cannot propose several provisions,
collectively considered as an amendment in the
nature of a substitute so long as the amendment is
germane to the subject of the bills before the
Committee.
Jurisdiction of the Conference Committee is not
limited to resolving differences between the Senate
and the House versions of the bill. It may propose
an entirely new provision.
- Approval of Bills
The bill becomes a law in the following cases:
a. President approves the same and signs it.
b. Congress overrides the Presidential veto if the
President disapproves the bill, he shall return the
same, with his objections contained in his Veto
message to the House of origin (which shall enter
the objections at large in its Journal). The veto is
overridden upon a vote of 2/3 of all members of the
House of origin and the other House. Yeas and Nays
entered in the Journal of each House.
o No pocket veto.
o Partial veto, as a rule, is invalid. It is allowed
only for particular items in an appropriation,
revenue or tariff bill. The President cannot veto part
of an item in an appropriation bill while approving
the remaining portion of the item.
o Legislative Veto a congressional veto is a
means whereby the legislature can block or modify
administrative action taken under a statute. It is a
form of legislative control in the implementation of
particular executive action. It may be negative
(subjecting the executive action to disapproval by
43
Congress) or affirmative (requiring approval of the

executive action by Congress)
c. When the President fails to act upon the bill for
30 days from receipt thereof, the bill shall become a
law as if he had signed it.
2. Power of Appropriation
Spending power called the power of the purse
belongs to Congress subject only to the veto power
of the President.
It is the President who proposes the budget, the
final say on the matter of appropriation is lodged in
Congress.
The power of appropriation carries with it the
power to specify the project/activity to be funded
under the appropriation law.
Need for appropriation NO money shall be
paid out of the Treasury except in pursuance of an
appropriation made by law.
Indispensable requisites or condition sine qua
non for the execution of government contracts:
a. Existence of appropriation
b. Availability of funds
Appropriation law a statute the primary and
specific purpose of which is to authorize the release
of public funds from the Treasury.
Classification:
1) General Appropriations Law passed annually,
for the financial operations of the government.
2) Special Appropriations Law for specific
purpose
Implied Limitation on Appropriation Measures
1) Appropriation must be devoted to public
purpose
2) Sum authorized to be released must be
determinate or at least determinable
Decree do not specify the specific amounts to be
paid, the amounts are nevertheless made certain by
the legislative parameters provided in the decrees.
The mandate being only to pay the principal,
interest, taxes and other normal banking charges.
Constitutional
Limitation
on
Special
Appropriation Measure
1) Specify the public purpose for which the sum is
intended
2) Must be supported by funds actually available
as certified to by the National Treasurer or to be
raised by a corresponding revenue proposal
included therein.
Constitutional Rules on General Appropriations

Law:
Congress may not increase the appropriations
recommended by the President for the operation of
the Government.
The form, content and manner of preparation of
the budget shall be prescribed by law.
No provision or enactment shall be embraced
unless it relates specifically to some particular
appropriation. Any such provision or enactment
shall be limited in its operation to the appropriation
to which it relates. This is intended to prevent riders
or irrelevant provisions included in the bill to ensure
its approval.
i.
Procedure for approving appropriations for
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies. (to prevent sub rosa appropriation by
Congress)
ii. Prohibition against transfer of appropriations
Exception:
1) President
2) Senate President
3) Speaker
4) Chief Justice
5) Heads of Constitutional Commission
By law, be authorized to augment any item in
the general appropriation law for their respective
offices from savings in other items of their
respective appropriations.
iii. Prohibition against appropriation for sectarian
benefit
Exception: priest, preacher, minister or dignitary
is assigned to the armed forces or to any penal
institution or government orphanage or leposarium.
iv. Automatic reappropriation
If Congress failed to pass the general
appropriations bill for the ensuing year, the general
appropriations bill for the preceding fiscal year shall
be deemed re-enacted until said bill is passed.
Impoundment the refusal by the President for
whatever reason to spend funds made available by
Congress. It is the failure to spend or obligate
budget authority of any type.
Appropriation Reserves the Administrative
Code authorizes the Budget Secretary to establish
reserves against appropriations to provide for
44
contingencies and emergencies which may arise

during the year.
This is expenditure deferral not suspension,
since the agencies concerned can still draw on the
reserves if the fiscal outlook improves.
3. Power of Taxation
Limitations
1. uniform and equitable evolve a progressive
system of taxation
2. charitable institutions, etc. and all lands,
buildings and improvements actually, directly and
exclusively used for religious, charitable or
educational purposes shall be exempt from taxation.
3. all revenues and assets of non-stock, non-profit
educational institutions used directly, actually and
exclusively for educational purposes shall be
exempt from taxation.
4. Law granting tax exemptions shall be passed
only with concurrence of majority of all members of
Congress
4. Power of Legislative Investigation
Conduct inquiries in aid of legislation.
Rights of persons appearing in or affected by
such inquiries shall be respected.
Limitations
1. in aid of legislation
2. in accordance with duly published rules of
procedure
3. Rights of persons appearing in, or affected by
such inquiry shall be respected
Power to punish for contempt: Senate being a
continuing body may order imprisonment for an
indefinite period, but principles of due process and
equal protection will have to be considered.
5. Question Hour
Heads of the departments may upon their own
initiative with the consent of the President OR upon
the request of wither House, as the rules of each
House shall provide, appear before and be heard by
the House on any matter pertaining to their
departments.
Written questions submitted to the Senate P or
Speaker, 3 days before the scheduled appeared.
Interpellations shall not be limited to the written
questions, may cover matters related thereto.
When the security of the State or the public
interest so requires, may be held in executive
session.
6. War Powers
Declaration of the existence of state of war 2/3
of both Houses in joint session, voting separately
7. Power to act as Board of Canvassers in election
of President
8. Power to call a Special Election for President
and VP
9. Power to judge the Presidents physical fitness
to discharge the functions of Presidency
10. Power to revoke or extend suspension of the
privilege of the writ of HC or declaration of martial
law
11. Power to concur in Presidential amnesties
Concurrence of majority of all members of the
Senate
12. Power to concur in treaties or international
agreements
2/3 of all the members of the Senate
13. Power to confirm certain appointments by the
President
in the event of vacancy in the Office of VP, from
among members of Congress confirmed by majority
vote of all the Members of both Houses of
Congress, voting separately.
Nominations by President under Sec 16, Article
7 confirmed by Commission on Appointments
14. Power to impeachment
15. Power relative to natural resources
16. Power to propose amendments to the
Constitution
IX. EXECUTIVE DEPARTMENT
The President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years
immediately preceding such election
Election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers
Returns of every election for President and VP,
duly certified by Board of Canvassers of each
45
province or city shall be transmitted to Congress

directed to Senate President.
SP, upon receipt, shall not later than 30 days
after the day of the election, open all the certificates
in the presence of the Senate and House in joint
public session.
Congress upon determination of the authenticity
and due execution, shall canvass the votes.
Congress shall promulgate its own rules.
2 or more candidates shall have an equal and
highest number of votes, one of them shall be
chosen by a majority vote of all members of
Congress.
- Congress has the authority to proclaim the
winning candidates for the position of President and
Vice President
- Congress may delegate the initial determination
of the authenticity and due execution of the
certificate of canvass to a Joint Congressional
Committee, composed of members of the House
and Senate
- The decisions and final report of the Committee
shall be subject to the approval of the joint session
of both Houses if Congress, voting separately.
- Even if Congress has adjourned its regular
session it may continue to perform this
Constitutional duty of canvassing the presidential
and vice-presidential election results without need
of any call for a special session by the President.
- The joint public session cannot adjourn sine die
until it has accomplished its constitutionally
mandated task.
- No constitutional or statutory basis for
COMELEC to undertake a separate and an
unofficial tabulation of results descends to the
level of private organization while using public
funds, violates exclusive prerogative of NAMFREL
and taints integrity of envelopes containing ER and
the ERs themselves.
- SC as Presidential Electoral Tribunal
SC, en banc
Sole judge of all contests relating to the
election, returns and qualifications of the President
or VP
Promulgate its own rules
- No person who has succeeded as President and

has served for more than 4 years shall be qualified
for election to the same office at any time
Privileges
1. Official Residence
2. Salary
- Determined by law
- Shall not be decreased during tenure
- No increase shall take effect until after
expiration of the term of the incumbent during
which such increase was approved.
3. Immunity from Suit
- President is immune from suit
- May not be prevented from instituting a suit
- Immune from civil liability
- After tenure, cannot invoke immunity from suit
for civil damages arising out of acts done by him
while he was President which was not performed in
the exercise of official duties.
- Department Secretaries, though alter egos,
cannot invoke Presidents immunity from suit.
Prohibitions/Inhibitions
1. Not receive any other emoluments from the
government or nay other source
2. Not hold any other office or employment, unless
provided in this Constitution
- VP may be appointed to the Cabinet without
need of confirmation from Commission on
Appointment
- Secretary of Justice is ex-officio member of
Judicial and Bar Council
- Secretary of Labor ex-officio member of
BOD of PEZA
- Secretary of TC ex-officio Chairman of PPA
and LRTA
- Prohibition must not be construed as applying to
poses occupied by Executive officials without
additional compensation in an ex-officio capacity,
as provided by law and as required by the primary
functions of the said officials office. These posts do
not comprise any other office but is an imposition
of additional duties and functions on said official.
3. Not directly or indirectly practice any other
profession, participate in any business or be
financially interested in any contract, franchise or
special privilege
Term of Office: 6 years

- No re-election
46
4. Strictly avoid conflict of interest in the conduct

of their office
5. May not appoint Spouse or Relatives by
consanguinity or affinity within the fourth civil
degree as
a. Members of Constitutional Commissions
b. Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman/heads
of
bureaus/offices/GOCCs/subsidiaries
Death, permanent disability, removal from

office or resignation of President VP shall
become President
Elements of Valid Resignation:
1. intent to resign
2. act of relinquishment
Temporary Disability
President transmits to Senate President and
Speaker
His written declaration that he is unable to
discharge the powers and duties of his office
Until he transmits a written declaration to the
contrary
Powers and duties shall be discharged by the VP
as Acting President
Majority of the members of the Cabinet transmit
to Senate President and Speaker
Written declaration that the President is unable
to discharge the powers and duties of his office
VP shall IMMEDIATELY assume the powers
and duties of the office as Acting President
IF President shall transmit written declaration
that no such disability exists
He shall reassume the powers and duties of his
office
IF majority of the members of the Cabinet
transmit within 5 days to SP and Speaker their
written declaration that the President is unable to
discharge the powers and duties of his office,
Congress shall decide the issue
Congress shall convene within 48 hours, if not
in session
w/in 10 days from receipt of last declaration OR
if not in session w/in 12 days after it is required to
assemble Congress determines by 2/3 vote of
both Houses, voting separately
that President is unable VP shall act as
President; Otherwise, President shall continue
exercising the powers and duties of his office.
Rules on Succession
- Vacancy at the BEGINNING of term
DEATH
or
PERMANENT
DISABILITY of President
elect
President-elect fails to
qualify
VP-elect shall become

President
VP-elect shall act as

President
until
President-elect
shall
have qualified
President shall not have VP-elect shall act as
been chosen
President
until
President-elect
shall
have been chosen and
qualified
No President and VP:
Senate President or in
- Chosen
case of his disability,
- Qualified
the Speaker of the
- Both died
House shall act as
- Both
become President
until
a
permanently disabled
President or VP shall
been
chosen
and
qualified.
In case of inability of
both, Congress shall,
by law provide for the
manner by which one
who is to act as
President shall be
selected
until
a
President or VP shall
have qualified.
-
Constitutional Duty of Congress in case of Vacancy

in the Offices of President and VP
- 10:00am, 3rd day after the vacancy occurs
- Congress shall convene without need of call
- w/in 7 days enact a law calling for a special
election to elect a President and VP
Vacancy DURING the term
47
- election held not earlier than 45 days nor later

than 60 days from time of such call
- bill shall be deemed certified and shall become
law upon approval on 3rd reading by Congress
- convening cannot be suspended
- election cannot be postponed
- IF vacancy occurs w/in 18 months before the
date of the next presidential election NO special
election
e. Emergency powers, by delegation from

Congress
f. General supervision over LGs and autonomous
regional governments
Executive Power
- Executive Power: power to enforce and
administer the laws
- Power of carrying out the laws into practical
operation and enforcing their due observance
- Authority to Reorganize the Office of the
President to achieve simplicity, economy and
efficiency.
- Power to reorganize the OP under Section 31 (1)
of EO 292 (Administrative Code) President can
reorganize the OP proper by abolishing,
consolidating or merging units or by transferring
functions from one unit to another
- Power to reorganize the OP under Section 31 (2)
and b(3) of EO 292 (Administrative Code)
power of the President to reorganize offices outside
of the OP proper is limited to merely transferring
functions/agencies
from
OP
to
Departments/Agencies and v.v.
- It is not for the President to determine the
validity of the law, it is the function of the judiciary.
Unless and until such law is declared
unconstitutional, President has the duty to execute
it.
Removal of President: Impeachment

Vice-President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. 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 House
- Assume office upon confirmation by a majority
vote of all Members of both Houses of Congress,
voting separately
Power of Appointment
- Nominate and with consent of the Commission
on Appointments, appoint:
a. Heads of the executive departments
b. Ambassadors
c. Other public ministers and consuls
d. Officers of the armed forces from the rank of
colonel or naval captain
e. Other officers whose appointments are vested in
him in this Constitution
- Appoint all other officers of the Government
whose appointments are not otherwise provided by
law
- Appoint those whom he may be authorized by
law to appoint.
- Congress may by law, vest appointment of other
officers lower in rank in the
a. President alone,
b. Courts
Powers of the President

1) Executive Power
2) Power of Appointment
3) Power of Control
4) Military Powers
5) Pardoning Power
6) Borrowing Power
7) Diplomatic Power
8) Budgetary Power
9) Informing Power
10) Others
a. Call Congress to special session
b. Power to approve or veto bolls
c. Consent to deputation of government personnel
by COMELEC
d. Discipline such deputies
48
c. Heads
of
departments/agencies/commissions/boards
- Appointment: selection, by the authority vested
with the power, of an individual who is to exercise
the functions of a given office.
Designation: imposition of additional duties,
usually by law, to one who is already in public
service
Commission: written evidence of appointment
- Classification of Appointments
a. Permanent extended to persons possessing the
requisite eligibility and are protected by security of
tenure
b. Temporary extended to persons without
requisite eligibility, revocable at will, without
necessity of just cause or valid investigation
Not subject to confirmation by Commission on
Appointment
If confirmation erroneously given, will not
make it a permanent appointment
Designation is considered only an acting or
temporary appointment
c. Regular made by President while Congress is
in session
Takes effect upon confirmation of Commission
on Appointment
Once approved, continues until end of term of
the appointee
d. Ad interim made by President while Congress

is not in session
Takes effect immediately but ceases to be valid
if disapproved by the Commission on Appointments
or upon next adjournment of Congress (by-passed
through inaction)
Intended to prevent interruptions in vital
government services
Permanent and cannot be withdrawn by the
President once the appointee has qualified
If disapproved by the Commission on
Appointments can no longer be extended a new
appointment; decision of the Commission is final
and binding
If by-passed President is free to renew the ad
interim appointment
- Officials who are appointed by the President
Does NOT require confirmation by COA
a. Commissioner of Customs
b. Philippine Coast Guard

c. Chairman of Commission of Human Rights
d. NLRC Chairman and Commissioners
- Congress cannot by law require confirmation of
appointments of government officials other than
those mentioned in the Constitution
- Steps in the Appointing Power
a. Nomination by President
b. Confirmation by COA
c. Issuance of the Commission
- Appointment is deemed complete upon
acceptance; pending such acceptance, the
appointment may still be validly withdrawn
- Discretion of Appointing Authority includes
the determination of the nature ad character of
appointment
- In case of vacancy in an office occupied by an
alter ego of the President, e.g. Department
Secretary, the President necessarily appoint the alter
ego of his choice. Congress, cannot by law, compel
the President to appoint automatically the
undersecretary as his temporary alter ego. An alter
ego, temporary or permanent, holds a position of
great trust and confidence.
- Special Limitations on the Presidents
Appointing Power
1. may not appoint his spouse or relatives by
consanguinity or affinity, within the 4th civil degree
as
a. members of Constitutional Commission
b. Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairmen/heads of bureaus/offices/GOCCs
2. appointments made by acting president shall
remain effective unless revoked by elected
President w/in 90 days from assumption of office
3. 2 months immediately before the next
presidential election and up to the end of his term, a
President or acting President shall not make
appointments EXCEPT temporary appointments to
executive positions when continued vacancies will
prejudice public service or endanger public safety
No law that prohibits local executive officials
4. Congress power to prescribe qualifications
5. Judiciary may annul an appointment made by
President of the appointee is not qualified or has not
been validly confirmed.
- Power of Removal
49
Implied from power of appointment

President cannot remove officials appointed by
him where the Constitution prescribes certain
methods for separation of such officers from service
Chairman and commissioners of Constitutional
Commissions impeachment
Judges disciplining authority of SC
Where power of removal is lodged in President:
a. Cause as may be provided by law
b. Prescribed administrative procedure
Members of career service of the Civil Service
who are appointed by the President may be directly
disciplined by him
Members of Cabinet and Officers whose
continuity in office depends upon pleasure of
President replaced any time; separation is not by
removal but EXPIRATION of term.
And the acts of Secretaries, performed and

promulgated in the regular course of business are,
unless disapproved or reprobated are presumptively
the acts of the Chief Executive.
- President may exercise powers conferred by law
upon Cabinet members or subordinate executive
officers.
- Power of the president to reorganize the
National Government may validly be delegated to
his Cabinet members exercising control over a
particular executive department.
- Appeal to the President from decisions of
executive officers, including Cabinet members,
complete the exhaustion of administrative remedies.
Exception: Doctrine of Qualified Political
Agency applies, in which case the decision of
Cabinet Secretary carries the presumptive approval
of the President, thus there is no need to appeal to
the President.
- Power of control may be exercised over the acts,
NOT over the actors
- Power of control of Secretary of Justice over
prosecutors
Decisions/Resolutions of prosecutors are subject
to appeal to the Secretary of Justice who exercises
power of direct control and supervision over
prosecutors.
Where Secretary exercises power of review only
after an information is filed, TC should defer or
suspend arraignment and other proceedings until
appeal is resolved. HOWEVER, the TC is not ipso
facto bound by the resolution of the Secretary,
because jurisdiction, once acquired is not lost
despite the resolution of the Secretary to withdraw
the information or to dismiss the case.
- Power of general supervision over local
governments.
- President can only interfere in the affairs and
activities of a local government unit of he finds that
the latter had acted contrary to law.
Otherwise, violative of local autonomy.
- Local fiscal autonomy: automatic release of
LGU shares in the national internal revenue.
Military Powers
- Commander-in-Chief of all armed forces of the
Philippines
Power of Control
- President shall have control of all
Executive departments
Bureaus
Offices
- Control: power of an officer to alter, modify, set
aside, or nullify what a subordinate had done in the
performance of his duties and to substitute the
judgment of the former for that of the latter.
Supervision: overseeing; the power of an officer
to see that subordinate officers perform their duties,
and if the latter fails or neglects to fulfill them, then
the former may take such action or steps as
prescribed by law to make them perform these
duties.
- Alter Ego Principle/Doctrine of Qualified
Political Agency
All executives and administrative organizations
are adjuncts of the Executive department
The heads of the various executive departments
are assistants and agents of the Chief Executive
And, except in cases where the Chief Executive
is required by the Constitution or law to act
personally 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,
50
- If necessary, he may call out such armed forces

to prevent or suppress lawless violence, invasion or
rebellion.
- In case of invasion or rebellion, when public
safety requires it, he may, for a period not
exceeding 60 days, suspend the privilege of the writ
of HC or place the Philippines or any part thereof
under martial law.
- Commander-in-Chief Clause
Conduct of saturation drives or areal target
zoning
Exercises discretionary power
Only criterion, whenever it becomes
necessary
Discretionary authority to declare state of
rebellion
Court may only look into the sufficiency of the
factual basis for the exercise of the power.
Mere declaration of a state of rebellion cannot
diminish or violate constitutionally protected rights
Power to organize courts martial for the disciple
of members of the armed forces
Power to create military commissions for the
punishment of war criminals
Military tribunals cannot try civilians when civil
courts are open and functioning
Members of the PNP are not within the
jurisdiction of the military court
RA 7055, lawmakers intended to return to
civilian courts jurisdiction over offenses that have
traditionally within their jurisdiction but did not
divest the military courts jurisdiction over cases
mandated by the Article of War
a. Disrespect towards the President
b. Disrespect towards Superior Officer
c. Sedition/Mutiny
d. Conduct Unbecoming an Officer and a
Gentleman
e. General Articles of the Articles of War
- Suspension of the privilege of the writ of HC
Grounds: invasion or rebellion, when public
safety requires it
Duration: not to exceed 60 days, unless
extended by Congress
Duty of President to Report action to Congress:
w/in 48 hours, personally or in writing
Congress may revoke or extend by a majority
vote of all its members, voting jointly
SC may review upon proceeding filed by any

citizen, as to the sufficiency of factual basis. It must
promulgate its decision w/in 30 days from its filing.
Suspension does not impair the right to bail.
Suspension applies to persons judicially charged
for rebellion or offenses inherent in or directly
connected with invasion
During suspension, any person thus arrested
shall be judicially charged w/in 3 days, otherwise he
shall be released.
- Martial Law
NOT Suspend operation of the Constitution
NOT Supplant the functioning of civil courts or
legislative assemblies
NOT authorize conferment of jurisdiction on
military courts and agencies over civilians where
civil courts are able to function
NOT automatically suspend the privilege of the
writ
Pardoning Power
- Except in cases of IMPEACHMENT or AS
OTHERWISE
PROVIDED
IN
THE
CONSTITUTION
- May grant, after conviction by final judgment
a. Reprieves
b. Commutations
c. Pardons
d. Remit fines and forfeitures
- May grant Amnesty with concurrence of a
majority of all members of the Congress
- Pardon: act of grace which exempts the
individual from punishment that the law inflicts
upon the crime he has committed
- Commutation: reduction or mitigation of
penalty
- Reprieve: postponement of sentence/ stay of
execution
- Parole: release from imprisonment but still in
custody of law although not in confinement
- Amnesty: act of grace, with concurrence of
legislature, usually extended to group of persons
who committed political offenses, puts into oblivion
the offense itself
- Discretionary exercise by the President
- Cannot be controlled by Legislature or reversed
by courts unless there is a constitutional violation.
- Limitations:
51
1) Cannot be granted in cases of impeachment

2) Cannot be granted in cases of violation of
election offenses w/o favorable recommendation of
COMELEC
3) Cannot be granted in cases of legislative
contempt or civil contempt
4) Cannot absolve civil liability
5) Cannot restore public offices forfeited
- Exceptions: on consideration of justice and
equity, entitled to reinstatement (Sabello vs. DECS)
6) Only after conviction by final judgment
- Classification of Pardon:
1) Plenary or partial
2) Absolute or conditional
Conditional pardon is in the nature of a contract
between the Chief Executive and the convicted
criminal.
By the pardonees consent to the terms
stipulated in the contract, the pardonee has placed
himself under the supervision of the Chief
Executive or his delegate who is duty bound to see
to it that the pardonee complied with the conditions
of the pardon
President is authorized to order the arrest or reincarceration of such a person, if he fails to comply
with the conditions of his pardon.
Such exercise of Presidential judgment is
beyond judicial scrutiny.
- Amnesty
Stands before the law precisely as though he had
committed no offense
Criminal liability is totally extinguished
To avail of the benefit, must admit the guilt of
the offence covered by the proclamation
AMNESTY
Addressed to political
offenses
Classes of persons
No need for distinct acts
of acceptance
Concurrence
by
Congress
Public act which courts
may take judicial notice
Looks back and puts
into oblivion the offense
itself
offenses
Borrowing Power
- Contract or guarantee foreign loans on behalf of
the Republic, with prior concurrence of Monetary
Board and subject to such limitations as may be
provided by law.
- MB, shall w/in 30 days from end of every
quarter, submit to the Congress a complete report of
its decisions on applications for loans to be
contracted or guaranteed by the Government/GOCC
which would have the effect of increasing the
foreign debt, and containing other matters as may
be provided by law.
Diplomatic Power
- No treaty or international agreement shall be
valid and effective unless concurred in by at least
2/3 of all members of the Senate.
- Treaties vs. International Agreements
Treaties
Formal
documents
require ratification
International agreements
which involve political
issues or changes of
national policy
Involving arrangements
of permanent character
International
Agreements
Become binding through
executive action
International agreements
involving adjustments
of details carrying out
well
established
national policies and
traditions
Involving arrangements
of a more or less
temporary nature
- It is immaterial whether US treats the VFA as

merely an executive agreement because, under
international law, an executive agreement is just as
binding as a trearty.
PARDON
Infractions of peace of
the state
Individual
Acceptance needed
Budgetary Power
- Submit to Congress within 30 days from
opening of its regular session
- A budget of expenditures and sources of
financing, including receipts from existing and
proposed revenue measures
- As basis of the general appropriations act
Nope
Private act which must
be pleaded and proved
Looks
forward
and
relieves pardonee of the
consequences of the
Informing Power
52
- Address Congress at the opening of its regular

session
- May appear before it at any other time
6. members of Judiciary have 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 ROC
10. SC alone may order temporary detail judges
11. SC can appoint officials and employees of
judiciary
X. JUDICIAL DEPARTMENT
Judicial Power
- Duty of the courts of justice to settle actual
controversies involving rights which are legally
demandable and enforceable, and to determine
whether or not there has been grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the government.
- Political questions forbidden territory of
courts
- Inherent power of Courts to amend and control
its processed and orders so as to make them
comformable with law and justice.
- Right to reverse itself.
Qualifications
- Proven competence, integrity, probity and
independence +
- SC
1) Natural-born
2) At least 40
3) 15 years or more a judge of a lower court or
engaged in the practice of law in the Philippines
Where vested
- 1 SC
- Such lower courts as may be established by law
Jurisdiction
- Power to hear and decide a case
- Congress shall have the power to define,
prescribe and apportion the jurisdiction of various
courts, but may not deprive SC of its jurisdiction
over cases enumerated in Section 5, Article VIII
- No law shall be passed increasing appellate
jurisdiction of SC without its advice and
concurrence
1)
2)
3)
Lower Collegiate Courts

Natural-born
Member of Philippine Bar
Congress may prescribe other qualifications
1)
2)
3)
Lower Courts
Citizen
Member of Philippine Bar
Congress may prescribe other qualifications
Procedure for Appointment

- Appointed by the President from a list of
nominees prepared by Judicial and Bar Council
- Lower Courts: appointed by President w/in 90
days from submission of list
Constitutional Safeguards to Insure Independence

of SC
1. SC is a constitutional body; it may not be
abolished by legislature
2. members of SC are removable only by
impeachment
3. SC may not be deprived of its original and
appellate jurisdiction; Appellate jurisdiction may
not be increased without its consent and
concurrence
4. SC has administrative supervision over all
inferior courts and personnel
5. SC has exclusive power to discipline judges and
justices of inferior courts

- Composition
Ex-officio Members
1) CJ as Chairman
2) Justice Secretary
3) Representative of Congress
Regular Members
1) Representative of IBP
2) Professor of Law
3) Retired justice of SC
4) Representative of private sector
Secretary ex-officio: clerk of SC
53
- Appointment: regular members shall be

appointed by President for a term of 4 years, with
consent of COA; shall receive emoluments as
determined by SC
- Powers/Functions:
Principal function: recommending appointees to
Judiciary
Exercise such other functions and duties as SC
may assign
8) Annual Report
Original Jurisdiction
1) Cases affecting ambassadors, public ministers
and consuls
2) Petition for certiorari, prohibition, mandamus
3) Quo warranto
4) Habeas corpus
Appellate Jurisdiction review, revise, reverse,
modify, or affirm on appeal or certiorari as the ROC
may provide final judgments and orders of lower
courts in:
1) All cases involving constitutionality/validity of
any treaty, international or executive agreements,
law, PD, proclamation, order, instruction ordinance
or regulation is in question
2) All cases involving legality of any tax, impost,
assessment or toll or any penalty imposed in
relation thereto
3) Jurisdiction of lower court is in issue
4) All criminal cases in which penalty imposed is
RP or higher
5) All cases in which only an error or question of
law is involved
Supreme Court
Composition
1 CJ
14 Associate Justices
May sit en banc or in its discretion, in divisions
of 3, 5 or 7 members
Vacancy shall be filled within 90 days from
occurrence
En Banc concurrence of a majority of the
members who took part in the deliberations and
voted
1) Constitutionality of a treaty, international or
executive agreement, or law
2) All others required by ROC
3) Constitutionality, application or operation of
PDs, orders, instructions, ordinances and other
regulations
Division - concurrence of a majority of the
members who took part in the deliberations and
voted and in no case without the concurrence of at
least 3 such members
When required number is not obtained case
shall be decided en banc (case decided NOT
matters - resolved)
No doctrine or principle of law laid by a court
sitting en banc or in a division, may be modified or
reversed except by the court sitting en banc
- Does not include power of SC to review

decisions of administrative bodies
- Penalty is RP, accused must appeal. Otherwise,
judgment of conviction will become final and
executory
- If death, TC shall forward records for automatic
review
- Question of Law: correct application of law or
jurisprudence to a certain set of facts; when the
issue does not call for an examination of the
probative value of the evidence, the truth or
falsehood of the facts being admitted.
Powers of the SC
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Temporary Assignment of judges of LCs to
other stations as public interest may require
4) Order change of venue or place of trial, to avoid
miscarriage of justice
5) Rule-Making Power
6) Power of Appointment
7) Power of Administrative Supervision
Temporary Assignment of judges of LCs to other

stations as public interest may require
Order change of venue or place of trial, to avoid
miscarriage of justice
Rule-Making Power
- Promulgate rules:
1) Protection and enforcement of constitutional
rights
54
2) Pleadings
3) Practices
4) Procedure in all courts
5) Admission to practice of law
6) Admission to TB
7) Legal assistance to underprivileged
- Limitations:
1) Simplified and inexpensive procedure
2) Uniform in all courts of the same grade
3) Not diminish, increase or modify substantive
rights
- Integrated Bar
State-organized bar to which each lawyer must
belong
Official unification of entire lawyer population,
where each lawyer is given the opportunity to do his
share in carrying out the objectives of the Bar as
well as obliged to bear his portion of its
responsibilities
Requires membership and financial support of
every atty as a condition sine qua non to the practice
Payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt
Practice of law is a privilege and as such must
bow to the inherent regulatory power if the SC
- Writ of Amparo: writ that may be issued by the
courts, based on the constitutional power of the SC
to promulgate rules, for the protection and
enforcement of constitutional rights.
- Congress cannot amend the ROC
- Rules of procedure of special courts and quasijudicial bodies shall remain effective unless
disapproved by the SC
- Submit, within 30 days from opening of each

regular session of Congress to the President and to
Congress an annual report on the operations and
activities of the Judiciary.
Consultations/Decisions of SC
1) Conclusions in any case submitted to it for
decision shall be reached in consultation before the
case is assigned to a member for the writing of the
opinion of the Court. A certification to this effect
signed by the CJ shall be issued.
- N/A to administrative cases
- Applicable to lower collegiate bodies
- Votes are equally divided and majority is not
obtained, petition shall nbbe dismissed
2) The decision shall state clearly and distinctly the
facts and the law on which it is based.
- N/A to:
1) Minute resolution dismissing a petition for HC,
certiorari and mandamus
2) Administrative cases
- Decision need not be a complete recital of the
evidence presented
- Factual and legal basis are clearly and distinctly
set forth
- Imperative that decision is not limited to
dispositive part; must
1) State nature of the case
2) Summarize the facts w/ reference to record
3) Contain statement of applicable law and
jurisprudence
4) Tribunals statement and conclusion of the case
3) No petition for review or MR shall be refused
due course or denied without stating the legal basis.
Power of Appointment
- Appoint all officials and employees of the
Judiciary in accordance with Civil Service Law
Tenure of Judges/Justices
- SC: Justices may be removed only by
impeachment
Special Prosecutor has no authority to conduct
an investigation on charges against a member of the
SC, in view of filing a criminal information.
Because if found guilty, he will be removed from
office violation of his security of tenure.
- LC: Judges shall hold office during GOOD
BEHAVIOR until they reach the age of 70 or
become INCAPACITATED to discharge the duties
of their offices.
SC en banc shall have the power to discipline
judges of LCs, or order their dismissal by a vote of
Power of Administrative Supervision

- Administrative supervision over all courts and
personnel
- Ombudsman may not initiate or investigate a
criminal or administrative complaint before his
office against a judge, he must first indorse the case
to the SC
- Administrative proceedings before the SC are
confidential in nature.
Annual Report
55
a majority of the members who took part in the

deliberations and voted
NOTE: only cases involving dismissal of judges
of LCs are required to be decided by the Court en
banc.
First clause: declaration of grant of the
disciplining power to and the determination of the
procedure in the exercise by the Court en banc
Grounds for the removal of a judicial officer
should be established beyond reasonable doubt,
particularly where the charges on which removal is
sought are misconduct in office, willful neglect,
corruption, incompetence, etc.
Judges cannot be disciplined for every
erroneous order or decision rendered in the absence
of a clear showing of ill motive, malice or bad faith.
The absence of bad faith or malice will not
totally exculpate them from charges of
incompetence and ignorance of the law when they
render decisions that are totally bereft of factual and
legal bases.
- No law shall be passed reorganizing the
Judiciary when it undermines the security of tenure
of its members.
- sin perjuicio judgment without a statement of

the facts in support of its conclusions, to be later
supplemented by the final judgment.
- Designed to prevent delay in the administration
of justice.
- Failure to decide cases within the prescribed
period is not excusable and constitute gross
inefficiency which is a ground for administrative
sanction against the defaulting judge.
- Judges who cannot comply with this mandate
should ask for additional time, explaining in their
request the reasons for the delay.
- Despite expiration of the mandatory period, the
court, without prejudice to such responsibility as
may have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted
to it without further delay.
- Court does not lose jurisdiction despite the lapse
of the mandatory period.
XI. CONSTITUTIONAL COMMISSION
Independent Constitutional Commission
1. Civil Service Commission
2. COMELEC
3. Commission on Audit
Salaries
- Fixed by law
- May not be decreased during their continuance
in office
- Imposition of income tax on salaries of judges
does not violate the constitutional prohibition
against decrease in salaries
Safeguards Insuring the Independence of the

Commission
1. constitutionally created, and not be abolished by
statute
2. expressly described as independent
3. conferred certain powers and functions which
cannot be reduced by statute
4. enjoy fiscal autonomy
no report, no release policy may not be
validly enforced against offices vested with fiscal
autonomy.
Automatic release of approved annual
appropriations to a constitutional commission
vested with fiscal autonomy should be construed to
mean that no condition to fund releases to it may be
imposed.
Provision in Section 3, Article VIII, prohibiting
the reduction in the appropriation for the Judiciary
below the amount appropriated for the previous
year does not appear in Section 5, Article IX-A.
Congress is not prohibited from reducing the
appropriations Constitutional Commissions below
Periods of Decisions
- All cases filed after the effectivity of the
Constitution must be decided and resolved, from
date of submission
24 months SC
12 months lower collegiate courts
3 months all other lower courts
- Unless in the 2 latter cases, the period is reduced
by the SC
- Certification to be signed by the Chief
Justice/Presiding Justice shall be issued stating the
reason for delay
- Must not sacrifice for expediencys sake the
fundamental requirements of due process
56
the amount appropriated for them for the previous

year.
5. promulgate its own procedural rules, provided
they do not diminish, increase or modify substantive
rights (subject to disapproval by the SC)
6. appoint their own officials and employees in
accordance with Civil Service Law
7. Chairman and members removed only by
impeachment
8. Chairman and members are given a fairly long
term of 7 years
9. Chairman and members may not be reappointed
or appointed in an acting capacity
10. salaries of Chairman and members are relatively
high and may not be decreased during continuance
in office
11. Chairman and members are subject to certain
disqualification calculated to strengthen their
integrity
- Majority vote of ALL members and not only of

those who participated in the deliberations and
voted thereon.
- Retired prior to promulgation of decision
votes should be considered withdrawn, as if they
had not signed the resolution; only the votes of the
remaining commissioners shall be counted.
- Treat the procedural requirements on deadlines
realistically.
2. Aggrieved party may bring the decision to the
SC on certiorari w/in 30 days from receipt of copy
- When Court reviews a decision of the
COMELEC, the Court exercises extraordinary
jurisdiction; thus the proceeding is limited to issues
involving grave abuse of discretion resulting in lack
or excess of jurisdiction and does not ordinarily
empower the Court to review factual findings.
- Certiorari under R65 is the appropriate remedy.
- Judgment of the COA are not reviewable by
ordinary writ of error or appeal by certiorari to the
SC. Only when COA acts without or in excess of
jurisdiction, or with GAD amounting to lack or
excess of jurisdiction, may this court entertain a
petition for certiorari under R65.
- Decisions of the CSC shall be appealable by
certiorari to the CA w/in 15 days from receipt of a
copy. From the decision of the CA, the party
adversely affected thereby shall file a petition for
review on certiorari under R45.
Inhibitions/Disqualifications
1. not hold any other office or employment, during
tenure
2. not engage in the practice of any profession
3. not engage in the active management or control
of any business which in any way may be affected
by the functions of his office
4. not be financially interested, directly or
indirectly, in any contract or in any franchise or
privilege granted by the Government
Enforcement of Decision
- Final decision of the CSC are enforceable by
writ of execution which CSC may itself issue.
Rotational Scheme of Appointments

- First appointees serve terms of 7, 5 and 3 years.
- After the first commissioners are appointed, the
rotational scheme is intended to prevent the
possibility of one President appointing all the
Commissioners.
- Rotational plan requires:
1. terms of the first commissioners should start on
a common date
2. any vacancy due to death, resignation or
disability before the expiration of the term should
only be filled for the unexpired balance of the term.
CIVIL SERVICE COMMISSION

Composition
- Chairman
- 2 Commissioners
Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years
old
3. proven capacity for public administration
4. not have been candidates for any elective
position in the election immediately preceding their
appointment
Decisions
1. Each Commission shall decide by a majority
vote of all its members any case or matter brought
before it w/in 60 days from the date of its
submission for decision or resolution.
57
Term
- Appointed by the President with the consent of
the Commission on Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or
designated in temporary or acting capacity.
1.
2.
3.
4.
5.
1.
Constitutional Objective/Function
1. central personnel agency of the Government
2. establish a career service
3. adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and
courtesy in the civil service
4. strengthen merit and reward system
5. integrate all human resources development
programs for all levels and ranks
6. institutionalize
a
management
climate
conducive to public accountability
Includes:
Economic Intelligence and Information Bureau
Jose M. Rodriguez Hospital
Philippine National Red Cross
UP
Morong Water District
N/A:
National Housing Corporation
Classes of Service
1. Career Service
a. Description
- Entrance based on merit and fitness, as far as
practicable by competitive examinations
- Or based on highly and technical qualifications
- Opportunity for advancement to higher career
positions
- Security of tenure
b. Includes:
1) Open Career Service
- Prior qualification
in an appropriate
examination is required
2) Closed Career Service
- Scientific or highly technical
3) Career Executive Service
- Undersecretaries, bureau directors, etc.
4) Positions in the Armed Forces of the Philippines
- Governed by a different merit system
5) Career Officers
- Other than those belonging to Career Executive
Service, appointed by President, e.g. foreign service
6) Personnel of GOCC w/ original charters
7) Permanent laborers (skilled, semi-skilled or
unskilled)
c. Incumbents of positions which are declared to
be CES positions for the first time who hold
permanent appointments shall remain under
permanent status in their position. Upon promotion
or transfer to other CES positions, these incumbents
shall be under temporary status in said other CES
positions until qualify,
d. Mere fact that a position belongs to the CES
does not automatically confer security of tenure on
the applicant. Such right will have to depend on the
nature of his appointment which depends on his
eligibility or lack of it.
e. A person who does not have the requisite
qualifications for the position cannot be appointed.
- Granting civil service eligibility to employees

under provisional or temporary status who have
rendered 7 years of efficient service is
DISCRETIONARY on the CSC and may not be
compelled by mandamus to issue such eligibility.
- CSC cannot validly abolish Career Executive
Service Board
- Power to hear and decide administrative cases
instituted before it directly or on appeal, including
contested appointments.
- Power to recall an appointment initially
approved in disregard of the applicable provisions
of the Civil Service law and regulations.
- Original jurisdiction to hear and decide a
complaint for cheating in the CS examinations by a
government employee.
- Decisions of lower level officials in cases
involving personnel actions be appealed to the
agency head then to the CSC. (not RTC)
- CSC does not have appellate jurisdiction over a
case of separation from government service under
Section 2, Article II of the Provisional Constitution.
Scope of the CS
- Embrace
ALL
branches,
subdivisions,
instrumentalities and agencies of the Government,
including GOCCs with original charter
- with original charter refers to corporation
chartered by special law as distinguished from
corporations organized under the Corporation Code
58
- Exception: acting capacity in the absence of

appropriate eligibles.
f. Security of Tenure in the CES pertains only to
RANK and not to the office or the position to which
they may be appointed.
1) Career executive service eligibility
2) Appointment to the appropriate career executive
service rank
2. Non-Career Service
a. Description
- Entrance on bases other than those of the usual
tests utilized for the career service
- Tenure
1) limited to a period specified by law or
2) which is co-terminous with that of the
appointing authority or
3) subject of his pleasure or
4) which is limited to the duration of a particular
project for which purpose the employment was
made.
b. Includes:
1) Elective officials, personal and confidential staff
2) Department Heads and officials of Cabinet rank
who holds office at the pleasure of the President,
personal and confidential staff
3) Chairmen and members of commissions/boards
w/ fixed terms of office, personal and confidential
staff
4) Contractual personnel/ those whose employment
in government is in accordance with a special
contract to undertake a specific work or job
requiring special or technical skills not available in
employing agency, to be accomplished within a
period not exceeding 1 year, under his own
responsibility, with minimum direction and
supervision
5) Emergency and seasonal personnel
1) Policy-determining
2) Primarily confidential or
3) Highly technical
- Principles
1) Classification of a particular position as policydetermining, primarily confidential or highly
technical amounts to no more than an executive or
legislative declaration that is not conclusive upon
the courts, the true test being the nature of the
position
2) The exemption provided pertains only to
exemption from competitive examination to
determine merit and fitness to enter the civil service
- Exempt from competitive examination to
determine merit and fitness:
1) Policy-determining
Officer lays down principal or fundamental
guidelines or rules
E.g. department head
2) Primarily confidential
Not only confidence in the aptitude if the
appointee for the duties of the office but primarily
close intimacy which ensures freedom of
intercourse without embarrassment or freedom from
misgivings or betrayal on confidential matters of
state
NATURE of the position which determined
whether a position is primarily confidential, policydetermining or highly technical
proximity rule can be considered as
confidential employee if the predominant reason
why he was chosen by the appointing authority was
the latters belief that he can share a close intimate
relationship with the occupant which ensures
freedom of discussion without fear of
embarrassment or misgivings of possible betrayals
of personal trust or confidential matters of the State.
Where the position occupied is remote from that
of the appointing authority, the element of trust
between them is no longer predominant, and cannot
be classified as primarily confidential.
3) Highly technical requires possession of
technical skill in a superior degree.
- Under Administrative Code, the CSC is

expressly empowered to declare positions in the CS
as primarily confidential.
- Enumeration in the Civil Service decree, which
defined the non-career service is not an exclusive
list
Discretion of the Appointing Authority

Where the appointee possesses the minimum
qualification requirements prescribed by law for the
Appointments in Civil Service

- According to merit and fitness to be determined,
as far as practicable by competitive examination
- Except to positions which are:
59
position, the appointing authority has discretion

who to appoint.
Even if officers and employees in the career
service of the Civil Service enjoy preference in the
promotion, it is not mandatory that the vacancy be
filled by promotion.
Discretion of the appointing authority is not
only in the choice of the person who is to be
appointed, but also in the nature or character of the
appointment issued.
CSC cannot convert temporary appointment to a
permanent one arrogation of power belonging to
appointing authority.
May approve as merely temporary an
appointment intended to be permanent when the
appointee does not possess the requisite eligibility
and the exigency of the service demands that the
position be filled even in a temporary capacity.
3) Appointive official, except when allowed by

law or the primary functions of his position
Ex-officio capacity
Security of Tenure
- Removed and suspended for case provided by
law.
- Ground, procedure for investigation and the
discipline of career service officers and EEs
Career Service Law; Non-compliance constitutes
denial of the right to security of tenure
- Presidential appointee direct disciplinary
authority of the President
- Reassignment does not offend the constitutional
guarantee
- Reinstatement deemed not to have left his
office; entitled to payment of back salaries,
notwithstanding silence.
Payment of back wages during the period of
suspension of a civil servant who is subsequently
reinstated is proper only if he is found innocent of
the charges and the suspension is unjustified.
BUT where the reinstatement is ordered not as a
result of exoneration but merely as an act of
liberality, the claim for back wages was not
allowed. It follows the general rule that the public
official is not entitled to compensation if he has not
rendered any service.
- Valid abolition of office does not violate the
constitutional guarantee of security of tenure.
- ROC, career service officer or employee who
has been unlawfully ousted from his office has 1
year within which to file an action in court to
recover office.
Exception: Cristobal vs. Melchot grounds of
equity
- Appellate jurisdiction of the CSC only over
Merit System Protection Boards decisions in
administrative disciplinary cases involving the
imposition of the penalty of suspension, fine,
demotion in rank or salary, transfer, removal,
dismissal from office not over MSPB decision
exonerating the accused. Only by the party
adversely affected (Not ER).
- He who, while occupying one office, accepts
another incompatible with the first, ipso facto
vacates the first office and his title thereto is thereby
terminated without any other act of proceeding.
Role of the CSC

Check if the appointee possesses the
qualifications and appropriate eligibility; if he does,
appointment is approved; if he doesnt, appointment
is disapproved.
Selection or placement is made through the
Placement Committee, the members of which are
the representatives of the head of the agency as well
as representatives of the employees. Said
Committees work is merely recommendatory.
Appointment should be submitted to the CSC
w/in 30 days from issuance; otherwise, it shall be
ineffective.
CSC Memorandum Circular only the
appointing authority has the right to challenge the
CSCs disapproval of an appointment.
Abella, Jr. vs. CSC both the appointing
authority and the appointee are the real parties in
interest and both have legal standing
Challenge to the appointing authoritys
discretion
While appointee has no vested right to the
position, it was his elgibility that was being
questioned; he has a personal stake in the outcome
Disqualifications
1) Lost in any election within 1 year preceding the
appointment
2) Elective official during tenure
60
Canonizado vs. Aguirre: accepted another

position while case questioning the law that
removed him from his first position was still
pending.
Retiree can continue to receive such

pension/gratuity even after he accepts another
government
position
to
which
another
compensation is attached.
Partisan Political Activity no officer or employee

in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political
campaign
Except to vote
Does not prevent expression of views regarding
political problems or mention the names of the
public officers he supports
Applicable to military establishments only to
those in the active military service, not to reservists
Exemptions:
1. members of the Cabinet
2. public officers and employees holding political
offices
The above 2 are allowed to take part in political
and electoral activities, except to solicit
contributions from their subordinates or commit
acts prohibited under the Election Code.
Oath of Allegiance shall take an oath or

affirmation to uphold and defend this Constitution
COMMISSION ON ELECTIONS
Composition
- Chairman
- 6 Commissioners
Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years
old
3. holder of a college decree
4. not have been candidates in the immediately
preceding election
5. majority, including the chairman, must be
member of the Philippine Bar who have been
engaged in the practice of law for at least 10 years.
The right to Self-organization shall not be denied to

government employees
May not engage in strikes to demand changes in
the terms and conditions of employment because
such are provided for by law.
Term
- In no case shall any member be appointed or
designated in temporary or acting capacity.
Temporary employees of the Government shall be

given such protection as may be provided by law.
En Banc and Division cases

It may sit en banc of in 2 division, and shall
promulgate its rules of procedure in order to
expedite disposition of cases, including preproclamation controversies.
All such election cases shall be heard and
decided in division, provided that motions for
reconsideration of decisions shall be decided en
banc.
Cases which must first be heard and decided in
division
1. all election cases, including pre-proclamation
contests, originally cognizable by the Commission
2. cancel certificate of candidacy
3. cases appealed from the RTC or MTC (SC may
motu proprio consider question of jurisdiction)
Standardization of Compensation
Provided for by Congress (and also qualification
required fir their positions)
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 Congress, any
present, emoluments office or title of any kind from
any foreign government.
Pensions and gratuities shall not be considered
as additional, double or indirect compensation.
61
4. petition for certiorari filed with COMELEC

from a decision of the RTC or MTC
Exceptions:
1. error in tabulation results or tallying of results
by the Board of Canvassers, merely clerical in
nature (petition for correction of manifest errors in
the Statement of Votes)
2. prosecution cases involving violation of election
laws
The rule that all election cases shall be heard
and decided in division applies only when the
COMELEC exercises its adjudicatory powers or
quasi-judicial functions, not when it exercises
purely administrative functions.
a. All contests relating to the elections, returns and

qualifications of all elective regional, provincial and
city officials.
Exclusive appellate jurisdiction
b. All contests involving elective municipal
officials decide by RTC
c. Elective barangay officials decided by MTC
3) Decide all questions relating to elections
Determination of the number and location of
polling places
Appointment of election officials and inspectors
Registration of voters
EXCEPT: right to vote
4) Deputize law enforcement agencies and
instrumentalities for the exclusive purpose of
ensuring free, orderly , honest and peaceful and
credible elections, with concurrence of President
5) Accredit Citizens Arm and Register political
parties, coalitions or organizations
After sufficient publication
Present platform/program of government
6) File petition in court for the inclusion/exclusion
of voters, upon verified complaint or in its own
initiative; investigate and/or prosecute cases for
violations of election laws
7) Recommend to Congress effective measures to
minimize election spending, limitation of places
where propaganda materials shall be posted and to
prevent and penalize all forms of election frauds,
offenses, malpractice and nuisance candidates
8) Submit to the President and Congress a
comprehensive report on the conduct of each
election, plebiscite initiative, referendum or recall
COMELEC decisions reviewable by the SC

1. decisions of COMELEC en banc, on certiorari
2. only decision of COMELEC in the exercise of
its adjudicatory or quasi-judicial power may be
brought to SC on certiorari
if merely administrative in character ordinary
civil action before trial courts
COMELEC en banc shall promulgate rules
concerning pleadings and practice before it or
before any of its offices, but they must not diminish,
increase or modify substantive rights
subject to the rule that rules of procedure of
special courts and quasi-judicial bodies shall remain
effective unless disapproved by the SC
rules on civpro regarding demurrer to evidence
cannot apply to election cases, even by analogy in
suppletory character.
Authority to suspend reglamentary periods
provided by its rules, or the requirement of NFS, in
the interest of justice and speedy resolution of
cases. It is not constrained to dismiss a case on the
ground of non-payment of filing fees.
Fingerprinting of chairman and members of the
Board of Election Inspectors is an internal matter
and may be done even without prior notice.
Enforce and administer all laws and regulations

relative to the conduct of an election, plebiscite,
initiative, referendum or recall
Initiative: power of the people to propose
enact legislation through an election called for the
purpose.
Referendum: power of the electorate to approve
or reject legislation through an election called for
the purpose
Recall: termination of official relationship of a
local elective official for loss of confidence prior to
the expiration of his term through the will of the
electorate
Constitutional Powers and Functions

1) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum or recall
2) Exclusive original jurisdiction
62
Plebiscite:
submission
of
constitutional
amendments or important legislative measures to
the people for ratification.
1) Broad powers promulgate rules and
regulations in the enforcement of laws relative to
elections
Enforcement of provisions of the Omnibus
Election Code exclusive jurisdiction of the
COMELEC
Includes the ascertainment of the identity of a
political party and its legitimate officers
Does not authorize the COMELEC, motu
proprio, without the proper proceedings, to deny
due course to cancel a certificate of candidacy filed
in due form.
Election and contests involving election of
Sangguniang Kabataan elections do NOT fall within
jurisdiction of the COMELEC DILG
Authority to annul results of plebiscite (through
pre-proclamation case of revision of ballots)
2) Regulatory power over media of transportation,
communication and information
to ensure equal opportunity, time, space, right to
reply, etc.
during election period
exercised only over the media, not over
practitioners of media
3) No pardon, amnesty, parole, etc, for violation of
election laws shall be granted by the President
without its favorable recommendation
4) COMELEC cannot exercise power of
apportionment
5) Power to declare failure of election
The election in any polling place has not been
held on the date fixed on account of force majeure,
violence, terrorism, fraud or other analogous case
The election in any polling place has been
suspended before the hour fixed by law for the
closing of the voting on account of force majeure,
violence, terrorism, fraud or other analogous case
After the voting and during the preparation and
transmission of the election returns or in custody or
canvas, such election results in a failure to elect on
account of force majeure, violence, terrorism, fraud
or other analogous case.
Petition must show, on its face
1) No voting has taken place in the precint on the

sate fixed by law or even if there was voting, the
result nevertheless results in a failure to elect
2) Votes not cast would affect the result of the
election
6) Not authorized to make an unofficial quick
count of presidential election results
Exclusive original jurisdiction

All contests relating to the elections, returns
and qualifications of all elective regional,
provincial and city officials.
Exclusive jurisdiction over pre-proclamation cases
Possible conflict with HR/S ET foreclosed by
Section 15, RA 7166 prohibits pre-proclamation
controversies in national offices (EXCEPT on
question involving the composition and proceedings
of the Board of Canvassers)
ET over a member only after proclamation
COMELEC without the power to partially/totally
annul a proclamation or to suspend the effects of a
proclamation without notice and hearing
violation of due process clause
Power to issue writs of prohibition, certiorari, etc.
In the exercise of its exclusive appellate
jurisdiction
Exclusive appellate jurisdiction
All contests involving elective municipal
officials decide by RTC
Elective barangay officials decided by MTC
Decisions shall be final, executory and
unappealable
Appeal to the COMELEC from RTC must be
filed within 5 days from receipt of a copy of the
decision.
MR of RTC decision is a prohibited pleading
and does not interrupt running of period for appeal.
Mere filing of notice of appeal is not sufficient,
must be accompanied by payment of correct amount
of appeal fee.
Permissive COMELEC may give due course,
and the subsequent payment cures the procedural
defect.
63
Execution Pending Appeal

COMELEC cannot deprive RTC of its
competence to order the execution of judgment
pending appeal, because the mere filing of an
appeal does not divest the TC of its jurisdiction over
a case.
Factors:
1) Public interest involved or will of the electorate
2) Shortness of the remaining portion of the term
3) Length of time that the election contest has been
pending
Strictly construed against the movant being an
exception to the general rule.
Filed before expiration of the period for appeal.
Judgments which may be executed pending
appeal need not only be those rendered by the TC,
but by the COMELEC as well.
Finding of probable cause in the prosecution of

election offenses rests in the COMELECs sound
discretion
Includes the authority to decide whether or not
to appeal the dismissal of a case by the TC.
Recommend to Congress effective measures to
minimize election spending, limitation of places
where propaganda materials shall be posted and to
prevent and penalize all forms of election frauds,
offenses, malpractice and nuisance candidates
Submit to the President and Congress a
comprehensive report on the conduct of each
election, plebiscite initiative, referendum or recall
Statutory Powers of the COMELEC
1) Exercise supervision and control over official
required to perform duties relative to the conduct of
elections
2) Promulgate rules and regulations
3) Punish contempt
4) Inquire into financial records of candidates,
groups, etc.
5) Prescribe forms to be used in elections
6) Procure supplies and materials needed for
elections
7) Enlist non-partisan groups to assist it
8) Fix periods for pre-election requirements
9) Power to declare failure of election; call for
special election
10) Exclusive original jurisdiction over all preproclamation cases
Decide all questions relating to elections

As an incident to its duties concerning
registration of voters, it may decide a question
involving the right to vote, but decision shall be
subject to judicial review.
Exercising purely administrative power may
not punish for contempt
Deputize
law
enforcement
agencies
and
instrumentalities for the exclusive purpose of
ensuring free, orderly, honest and peaceful and
credible elections, with concurrence of President
May recommend to the President the removal of
any officer it has deputized, or the imposition of any
other sanction for disobedience, violation or
disregard of its orders.
Power to declare failure of election; call for special

election
Sitting en banc and by a majority vote of its
members
Motu proprio or upon a verified petition
Hearing of the case shall be summary in nature
Petition to declare a failure of election is neither
an election protest nor a pre-proclamation
controversy
Validity of an election, it is essential that the
voters have notice in some form, either actual or
constructive, of the time, place and purpose.
Time must be authoritatively designated in
advance
Accredit Citizens Arm and Register political

parties, coalitions or organizations
Authority to promulgate the necessary rules to
enforce and administer all election laws includes the
determination of appropriate periods for the
accomplishment of pre-election acts, e.g. filing
petitions for registration under the party-list system.
File petition in court for the inclusion/exclusion of
voters, upon verified complaint or in its own
initiative; investigate and/or prosecute cases for
violations of election laws
64
Stricter in cases of special election, at least there

must be substantial compliance
In fixing date of special election:
1) Should not be later than 30 days after the
cessation of the cause of the postponement or
suspension of the election or failure to elect
Not absolute; directory
Residual powers to conduct special elections
even beyond the deadline prescribed
2) Reasonably close to the date of the election not
held, suspended, or which resulted in failure
No law which provides for a reglementary
period within which to file a petition for the
annulment of an election if there has been no
proclamation yet
Legally remain in office in hold-over capacity
until successors have been elected and qualified
(LGC limits term of barangay officials to 3 years)
Judicial Review of COMELEC Decisions

Petition for certiorari (R65)
Filed with SC
w/in 30 days from receipt of decision of
COMELEC en banc
COMMISSION ON AUDIT
Composition
- Chairman
- 2 Commissioners
Qualifications
1. Natural-born
2. at least 35 years old
3. CPAs with not less than 10 years of auditing
experience OR members of the Philippine Bar with
at least 10 years practice of law
4. not have been candidates in the election
immediately preceding the appointment
5. no time shall ALL members belong to the same
profession
Exclusive original jurisdiction over all preproclamation cases

GR: COMELEC restricted, in ore-proclamation
cases, to an examination of the election returns on
their face and is without jurisdiction to go beyond
them and investigate election irregularities.
Exception: duty-bound to investigate allegations
of fraud, terrorism, violence and other analogous
cases in an action for annulment of election results
or for a declaration of failure of elections. (may
conduct technical examination of election
documents and analyze signatures and fingerprints
in order to determine whether the election has been
free, honest and clean)
Term
Powers and Duties
1. Examine, audit and settle all accounts pertaining
to the revenue and receipts of, and expenditures or
uses of funds and property owned or held in trust or
pertaining to the Government
2. Keep the general accounts of Government and
preserve vouchers and supporting papers for such
period as provided by law
3. authority to define the scope of its audit and
examination, establish techniques and methods
required therefore
4. Promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses
of government funds or property
Party-System - a free and open party-system shall

be allowed to evolve according to the free choice of
the people
Votes cast in favor of political party,
organization or collation that are REGISTERED.
Entitled to appoint poll watchers in accordance
with law.
Election Period
Commence 90 days before the day of the
election and shall end 30 days thereafter
Exception: period fixed by COMELEC in
special cases
Examine, audit and settle all accounts pertaining to

the revenue and receipts of, and expenditures or
uses of funds and property owned or held in trust or
pertaining to the Government
65
Post-audit basis
1. Constitutional Commissions and bodies/offices
granted fiscal autonomy
2. autonomous state colleges and universities
3. GOCCs and subsidiaries with or without
original charter
4. Non-governmental entities receiving subsidy or
equity
Temporary or special pre-audit
Duty to pass in audit a salary voucher is
discretionary
Exception: authority of Auditor General is
limited to auditing (whether 1) there is a law
appropriating funds for a given purpose, 2) goods or
services have been delivered, 3) payment has been
authorized) presence of all, duty to pass a
voucher in audit becomes MINISTERIAL.
COA may validly veto appropriations which
violated rules on unnecessary, irregular or
unconscionable expenses, under 1987 Constitution.
No law shall be passed exempting any entity of

Government or any investment of public funds from
the jurisdiction of the Commission on Audit
Water districts are subject to jurisdiction of
COA
Authority
to
investigate
whether
directors/officials/employees of GOCCs, receiving
additional allowances and bonuses are entitled to
such.
Failure of bidding:
1. only one offeror
2. all the offers are non-complying or unacceptable
does not speak of accepted bids but of offerors,
without disctinction as to whether they are qualified
or not.
Keep the general accounts of Government and

preserve vouchers and supporting papers for such
period as provided by law
Authority to define the scope of its audit and
examination, establish techniques and methods
required therefore
EXCLUSIVE
1. Power to define the scope of its audit
2. Promulgate auditing rules and regulations
3. Power to disallow unnecessary expenditures
NOT Exclusive power to examine and audit
Statement of Policy
Public office is a public trust.
Public officers and employees must at all times
be accountable to the people,
Serve them with utmost responsibility, integrity,
loyalty and efficiency,
Act with patriotism and justice
And lead modest lives.
XII. LOCAL GOVERNMENT

XIII.
ACCOUNTABILITY
OFFICERS
OF
PUBLIC
Impeachment
National inquest into the conduct of public men
Impeachable Officers
1. President
2. Vice President
3. Chief Justice
4. Associate Justices of SC
5. Chairmen and Members of ConCom
6. Ombudsman
* enumeration is exclusive
Impeachable officer who is a member of the
Philippine Bar cannot be disbarred without first
being impeached.
Grounds:
1. Culpable violation of the constitution
2. treason
3. bribery
4. graft and corruption
Promulgate accounting and auditing rules and

regulations, including those for the prevention and
disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses
of government funds or property
COA may stop the payment of the price
stipulated in the government contracts when found
to be irregular, extravagant or unconscionable.
May prohibit the use of government vehicle by
officials who are provided with transportation
allowance.
Jurisdiction of the Commission
66
5. other high crimes

6. betrayal of public trust
* enumeration is exclusive
Procedure for Impeachment Congress shall
promulgate its rules
1. Initiating Impeachment Case
House of Representative shall have the
exclusive power to initiate all cases of
impeachment.
Deemed initiated when the complaint (with
accompanying resolution of indorsement) has been
filed with the House of Representatives and referred
to the appropriate Committee.
Initiated by
1. any Member of the House of Representatives
OR
2. by any citizen upon a resolution of endorsement
by any Member
Included in the order of business w/in 10 session
days and referred to the proper Committee w/in 3
session days.
If the verified complaint is filed by at least 1/3
of all the members of the House, the same shall
constitute the Articles of Impeachment and the trial
by Senate shall forthwith proceed (no need to refer
the same to the proper Committee)
The Committee, after hearing, and by a majority
vote of all its members, shall submit its report to the
House w/in 60 session days
A vote of at least 1/3 of all the members of the
House shall be necessary to affirm a favorable
resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution.
The vote of each member shall be recorded.
2. Limitations on initiating Impeachment Case
Not more than once within a period of 1 year
against the same official.
3. Trial and Decision
The Senate shall have the sole power to try and
decide all cases of impeachment.
The Senators shall be on oath or affirmation.
President is on trial, the Chief Justice of the SC
shall preside, but shall not vote.
A decision of conviction must be concurred in
by at least 2/3 of all members of the Senate.
4. Effect of Conviction
Removal from office and disqualification to
hold office.
Party convicted shall be liable and subject to

prosecution, trial and punishment according to law.
THE SANDIGANBAYAN
Anti-graft court
Composition
1 Presiding Justice
8 Associate Justices
With the rank of the Justice of the CA
Sits in 3 divisions of 3 members each
Jurisdiction
Following must concur:
1. violation of RA 3019, RA 1379, Chapter 2
Section 2 Title 7 Book II of RPC, Eos 1, 2, 14 and
14-A or other offenses of felonies whether simple or
complexed with other crimes;
2. offender is public official or employees holding
any of the positions enumerated in par a Sec 4 RA
8249; and
3. offenses committed in relation to the office
Only instance when Sandiganbayan may
exercise jurisdiction over a private individual is
when the complaint charges him either as a coprincipal, accomplice or accessory of a public
officer who has been charged with a crime within
the jurisdiction of the Sandiganbayan.
Whether or not the Sandiganbayan or the RTC
has jurisdiction shall be determined by the
allegations in the information specifically on
whether or not the acts complained of were
committed in relation to the official functions of the
accused.
Required that the charge be set forth with
particularity as will reasonable indicate that the
exact offense which the accused is alleged to have
committed is one in relation to his office.
Ramification of Section 7, RA 8249
1. if the trial of the cases pending before whatever
court has already begun as of the approval of RA
8249, the law does not apply;
2. if trial of cases pending before whatever court
has not begun as of the approval of RA 8249, then
the law applies and the rules are:
a. if SB has jurisdiction over a case pending before
it, then it retains jurisdiction
67
b. if SB has no jurisdiction over a case pending

before it, case shall be referred to the regular courts
c. if SB has jurisdiction over a case pending before
a regular court, the latter loses jurisdiction and the
same shall be referred to the Sandiganbayan
d. if a regular court has jurisdiction over a case
pending before it, then said court retains jurisdiction
Term of Office
7 years without reappointment
Rank and Salary
Rank of Chairman and Members of the
ConCom
Receive the same salary which shall not be
decreased during their term of office
Decision/Review
Unanimous vote of all 3 members required for
the pronouncement of judgment by a division.
Decisions of the Sandiganbayan shall be
reviewable by the SC on petition for certiorari
Mandatory for the Sandiganbayan to suspend
any public officer against whom a valid information
charging violation of that law, or any offense
involving fraud upon the government or public
funds or property is filed. (RA 3019)
The appellate jurisdiction of the SC over
decisions and final orders of the Sandiganbayan is
limited to questions of law.
Fiscal Autonomy
Disqualifications/Inhibitions During their tenure
shall:
1) Not hold any other office or employment
2) Not engage in the practice of any profession or
in the active management or control of any business
which may in any way be affected by the functions
of his office
3) Not be financially interested, directly or
indirectly, in any contract with, or in any franchise
or privilege granted by the Government
4) Not be qualified to run for any office in the
election immediately succeeding their cessation
from office
THE OMBUDSMAN
Tanodbayan
Composition
One overall Deputy
At least one deputy for Luzon, Visayas and
Mindanao
Separate deputy for the military establishment
may likewise be appointed
Powers and Duties

jurisdiction
of the
Ombudsman
over
government-owned or controlled corporations, 3
Requisites:
1) agency organized as a stock or non-stock
corporation
2) vested with functions relating to public needs,
whether government or proprietary
3) owned by the Government directly or through
its instrumentalities, either wholly or, where
applicable as in the case of stock corporations, to
the extent of at least 51% of capital stock
Special Prosecutor may prosecute before the
Sandiganbayan judges accused of graft and
corruption, even if they come under the
administrative supervision of the SC.
Tanodbayan could review and reverse the
findings of the City Fiscal and order him to
withdraw certain charges, inasmuch as the
Presidents power of control is exercised not by the
Secretary of Justice but by the Tanodbayan because
the offense/s charged were allegedly committed by
a public functionary in connection with his office.
Qualifications
1) Natural-born
2) At least 40 years of age
3) Recognized probity and independence
4) Members of the Philippines Bar
5) Must not have been candidates for any elective
office in the immediately preceding election
6) Ombudsman must have been a judge or engaged
in the practice of law for 10 years or more
Appointment of the Ombudsman and his Deputies
By President
From a list of 6 nominees prepared by the
From a list of 3 nominees for every vacancy; all
vacancies must be filled in 3 months.
68
For purposes of initiating a preliminary

investigation before the Office of the Ombudsman,
a complaint in any form or manner is sufficient.
Ombudsman or his deputy is authorized to
preventively suspend any officer or employee under
his authority pending an investigation irrespective
of whether such officer or employee is employed in
the Office of the Ombudsman or in any other
government agency.
Whether evidence of guilt is strong to warrant
preventive suspension is left to the determination of
the Ombudsman. There is no need for preliminary
hearing.
Congress can, by statute, prescribe other
powers, functions and duties to the Ombudsman.
He may utilize the personnel of his office to
assist in the investigation of the cases, the
Ombudsman may refer cases involving non-military
personnel for investigation by the Deputy
Ombudsman for Military Affairs.
Power to cite for contempt; exercised by the
Ombudsman
while
conducting
preliminary
investigation because preliminary investigation is
an exercise of quasi-judicial functions.
Appeals shall be made to the CA in accordance
with R43.
any illegal act or omission of any public
official is broad enough to embrace any crime
committed by a public official or employee.
Power of the Ombudsman to investigate and to
prosecute, as granted by law, is plenary and
unqualified.
The authority of the Ombudsman to investigate
is not an exclusive authority, but rather a shared or
concurrent authority with the Department of Justice
Panel of Investigators, in respect of the offense
charged
It is not for the court to review the
Ombudsmans paramount decision in prosecuting or
dismissing a complaint filed before his office.
Exception: grave abuse of discretion on the part
of the Ombudsman in either prosecuting or
dismissing a case before it is evident.
Case law holds that the Court is loathe to
interfere with the exercise by the Ombudsman of its
powers.
While the Office of the Ombudsman has the
discretion to determine whether an information
should be withdrawn and a criminal case should be

dismissed, and to move for the withdrawal of such
information or dismissal of a criminal case, the final
disposition of the said motion and of the case is
addressed to the sound discretion of the
Sandiganbayan, subject only to the caveat that the
action of the Sandiganbayan must not impair the
substantial rights of the accused and the right of the
people t due process of law.
RA 1405 (Law on Secrecy of Bank Deposit)
before an in camera inspection of bank accounts
may be allowed:
1) there must be a pending case before a court of
competent jurisdiction
2) account must be clearly identified
3) inspection limited to the subject matter of the
pending case before the court
4) bank personnel and account holder must be
notified to be present during the inspection
5) inspection may cover only the account identified
in the pending case
investigation being done by the Ombudsman is
NOT one before a court of competent jurisdiction
Ombudsman has no authority to directly dismiss
a public officer from government service
Can only recommend to the officer concerned
the removal of a public officer or employee found
to be administratively liable
HOWEVER the refusal, without just cause, of
any officer to comply with such an order of the
Ombudsman to penalize an erring officer or
employee is a ground for disciplinary action.
Special Prosecutor
Existing Tanodbayan (at the time of the
adoption of the 1987 Constitution) shall be known
as the Special Prosecutor.
It shall continue to function and exercise its
powers as now or hereafter provided by law, except
those conferred to the Office of the Ombudsman.
Ill-gotten Wealth
Right of the State to recover properties
unlawfully acquired by public officials or
employees, from them or from their nominees or
transferees, shall not be barred by prescription,
laches or estoppel.
Applies only to civil actions for recovery of illgotten wealth and not to criminal cases.
69
3. expanding productions as the key to raising the

quality of life
Restriction on Loans
No loan, guaranty or other form of financial
accommodation for any business purpose may be
granted directly or indirectly by any government
owned or controlled bank or financial institution to
(during their tenure):
1) President
2) VP
3) Members of the Cabinet
4) Congress
5) SC
6) ConCom
7) Ombudsman
8) Any firm or entity in which they have
controlling interest
For attainment of these goals, the State shall:

Promote industrialization and full employment
based on sound agricultural development and
agrarian reform, through industries that make full
and efficient use of human and natural resources
and which are competitive in both domestic and
foreign markets.
State shall protect Filipino enterprises from
unfair competition and trade practices.
Natural Resources
All lands of public domain, waters, mineral,
coal, petroleum and other mineral oils, all forces of
potential energy, fisheries, forests or timber,
wildlife, flora and fauna and other natural resources
are owned by the State.
With the exception of agricultural lands, all
other natural resources shall not be alienated.
Regalian Doctrine: all agricultural, timber and
mineral lands are subject to the dominion of the
State.
Before any land may be classified from the
forest group and converted into alienable or
disposable land from agricultural or other purposes,
there must be positive act from the Government.
Absence of proof that property is privately
owned, the presumption is that it belongs to the
State.
Any possession, no matter how lengthy, cannot
ripen into ownership. And all lands not otherwise
appearing to be clearly within private ownership are
presumed to belong to the State.
Tasks of administering and disposing lands of
public domain belongs to the Director of Lands and
ultimately the Secretary of DENR.
The classification of public lands is an exclusive
prerogative of the Executive Department through
the Office of the President. In the absence of
classification, the land remains unclassified public
land until released and rendered open for
disposition.
Forest land is not capable of private
appropriation and occupation in the absence of a
positive act of the Government declassifying it into
alienable and disposable.
Statement of Assets, Liabilities and Net Worth

A public officer or employee shall, upon
assumption of office and as often as may be
required by law, submit a declaration under oath of
his assets, liabilities and net worth.
Declaration shall be disclosed to the public in
the manner provided by law in case of:
1) President
2) VP
3) Members of the Cabinet
4) Congress
5) SC
6) ConCom
7) Other constitutional offices
8) Officers of the armed forces of general or flag
rank
Allegiance to the State and to the Constitution
Any public officer or employee who seeks to
change his citizenship or acquire the status of an
immigrant of another country during his tenure shall
be dealt with by law.
XIV.
NATIONAL
PATRIMONY
ECONOMY
AND
Goals
1. equitable distribution of opportunities, income
and wealth
2. sustained increase in amount of goods and
services, produced by the nation for the benefit of
the people
70
4. Certain areas of investment (as Congress shall

provide when national interest so dictates)
Filipino citizens
Corporations at least 60% of whose capital is
Filipino-owned
Congress may prescribe higher percentage of
Filipino ownership
Filipino First Policy
o positive command which is complete in itself
o needs no further guidelines or implementing
rules or laws for its operation
o per se enforceable
o Filipinos should be preferred and when the
Constitution declares that a right exists in certain
specified circumstances, an action may be
maintained to enforce this right.
5. Franchise, certificate or authorization for the
operation of a public utility
Citizens of the Philippines
Filipino-owned
Franchise, certificate or authorization shall not
be exclusive nor for a period for more than 50
years, and shall be subject to amendment, alteration
or repeal by Congress. All executive and managing
officers must be Filipino citizens.
No franchisee can demand or acquire
exclusivity in the operation of a public utility.
Congress does not have the exclusive power to
issue such authorization also administrative
bodies.
Franchise for the operation of public utility
does not require a franchise before one can own the
facilities needed to operate a utility, so long as it
does not operate them to serve the public.
Public utility: business or service engaged in
regularly supplying the public with some
commodity or service of public consequence.
Implies public use and service.
All broadcasting, whether radio or television, is
licensed by the Government. They do not own the
airwaves and frequencies and they are merely given
he temporary privilege.
A franchise is a privilege subject to amendment.
Joint venture falls within the purview of
association; if it wishes to engage in the business of
operating a public utility, must comply with the 6040% Filipino-foreign capitalization requirement.
Imperium: government authority possessed by the

State, embraced in sovereignty and its capacity to
own and acquire property.
Dominium: lands held by the State in its proprietary
character. It may provide for the exploitation and
use of lands and other natural resources, including
their disposition, except as limited by the
Constitution.
Citizenship Requirements
1. Co-production, joint venture or production
sharing agreements for exploration, development
and utilization of natural resources
Filipino citizens
Filipino-owned
Agreements shall not exceed 25 years,
renewable for another 25
2. Use and enjoyment of the nations marine
wealth
Exclusively to Filipino citizens
Protect the rights of subsistence fishermen,
especially of local communities to the preferential
use of the communal marine and fishing resources,
both inland and offshore.
Marginal Fisherman individual engaged in
fishing whose margin of return or reward from his
harvest of fish, as measured by existing price levels,
is barely sufficient to yield a profit or cover the cost
of gathering the fish.
Subsistence Fishermen catch yields but the
irreducible minimum for his livelihood.
LGC defined marginal farmer or fisherman engaged in the subsistence farming or fishing which
shall be limited to the sale, barter or exchange of
agricultural or marine products.
Preferential right granted to them is not
absolute.
3. Alienable lands of public domain
Filipino citizens may acquire not more than 12
hectares by purchase, homestead or grant OR lease
more than 500 hectares
Private corporation may lease not more than
1,000 hectares for 25 years, renewable for another
25 years
71
Congress shall determine the specific limit of

forest land and national parks, marking clearly their
boundaries on the ground.
The State shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social and cultural well
being.
Classification of Lands of Public Domain

Lands of public domain are classified into:
1. agricultural
2. forest or timber
3. mineral lands
4. national parks
Agricultural lands may further be classified by
law according to the uses to which they may be
devoted.
Congress shall determine by law the size of the
lands of the public domain which may be acquired,
developed, held or leased and conditions therefore.
The classification of public lands is a function
of the executive branch of the Government
Director of the Land Management Bureau.
The decision of the Director, when approved by
the Secretary of the Department of Environment
and Natural Resources as to questions of fact is
conclusive upon the courts.
Alienable lands of the public domain shall be
limited to agricultural lands.
Forest land cannot be owned by private persons.
It is not registrable and possession thereof, no
matter how lengthy, cannot convert it into private
land, unless the land is reclassified and considered
disposable and alienable.
Foreshore land is that part of the land which is
between the high and low water, and left dry by the
flux and reflux of the tides. It is part of the alienable
and of the public domain and may be disposed of
only by leased and not otherwise.
Private corporations or associations may not
hold such alienable lands of the public domain
except by lease.
It would cease to be public land only upon the
issuance of the certificate of title to any Filipino
citizen qualified to acquire the same.
1973 Constitution cannot impair vested rights.
Where the land was acquired in 1962 when
corporations were allowed to acquire lands not
exceeding 1,024 hectares, the same may be
registered in 1982.
The 1987 Constitution prohibits private
corporations from acquiring alienable lands of the
public domain.
The Stewardship Concept

The use of property bears a social function, and
all economic agents shall contribute to the common
good, individuals and private groups, including
corporations, cooperatives and similar collective
organizations, shall have the right to own, establish
and operate economic enterprises, subject to the
duty of the State to promote distributive justice and
to intervene when the common good so demands.
The State shall apply the principles of agrarian
reform or stewardship, whenever applicable, in the
disposition or utilization of other natural resources.
Including lands of the public domain under
lease or concession suitable to agriculture, subject
to prior rights, homestead rights of small settlers,
and the rights of indigenous communities to their
ancestral lands.
The State may resettle landless farmers and
farm workers in its own agricultural estates which
shall be distributed to them in the manner provided
by law.
Private Lands
- Private lands shall be transferred or conveyed to
individuals, corporations or associations qualified to
acquire or hold lands of the public domain.
- Exception: in cases of hereditary succession
- Any sale or transfer in violation of the
prohibition is null and void.
- Being an alien, disqualified from acquiring and
owning real property.
Neither can petitioner recover the money he had
spent for the purchase.
Equity, as a rule, will follow the law, and will
not permit to be done indirectly that which, because
of public policy, cannot be done directly.
- Action to recover the property sold filed by the
former owner will lie, the pari delicto ruling having
been abandoned.
72
- The lease for 99 years with a 50-year option to

purchase the property if and when Wong Heng
would be naturalized is a virtual surrender of all
rights incident to ownership and therefore invalid.
(PNB vs. Lui She)
- Land tenure is not indispensable to the free
exercise of religious profession and worship.
A religious corporation, controlled by nonFilipinos, cannot acquire and own lands even for a
religious use or purpose.
For a religious corporation sole to acquire lands,
it must appear that at least 60% of the faithful or its
members are citizens of the Philippines in order to
comply with the citizenship requirement.
This is so regardless of the citizenship of the
incumbent inasmuch as a corporation sole is merely
an administrator of the temporalities or properties
titled in its name and for the benefit of its members.
- Land sold to an alien which was later transferred
to a Filipino citizen or where the alien later
becomes a Filipino citizen can no longer be
recovered by the vendor because ether is no longer
any public policy involved.
- Exceptions to the Rule:
1. Hereditary Succession
Exception: testamentary disposition
2. A natural born citizen of the Philippines who
has lost his Philippine citizenship may be a
transferee of private lands
Filipino citizen may acquire 5,000 square
meters of urban land
Filipino citizen may acquire 3,000 hectares of
rural land
May be used for residence, business and for
other purposes.
through an action for reversion (as expressly

authorized under the Public Land Act with respect
to lands which formerly formed part of the public
domain).
Remedies to Recover Private Land from
Disqualified Alien
1. Escheat Proceedings
2. Action for Reversion under Public Land Act
The Director of Lands has the authority and the
specific duty to conduct investigation of alleged
fraud in obtaining free patents and the
corresponding titles to alienable public lands.
And if the facts warrant, to file the
corresponding court action for the reversion of the
land to the State.
Imprescriptible.
State, alone, which may institute reversion
proceedings against public lands allegedly acquired
through fraud and misrepresentation.
Private parties are without legal standing at all
question the validity of respondents title.
Property in dispute is still part of the public
domain, only the State can file suit for
reconveyance of such public land.
The State can be in estoppel by the mistakes or
errors of its officials or agents.
o Estoppel against the State is not favored; it may
be invoked only in rare and unusual circumstances.
o State may not be allowed to deal dishonorably
or capriciously with its citizens.
o State may be held in estoppel for irregular acts
and mistakes of its officials.
o Republic vs. CA, where the State failed to
correct and recover the alleged increase in the land
area of the titles issued, the prolonged inaction
strongly militates against its cause, tantamount to
laches.
o Laches failure or neglect, for an unreasonable
and unexplained length of time, to do that which by
exercising due diligence could or should have been
done earlier.
o The negligence or omission to assert a right
within a reasonable time, warranting a presumption
that the party entitled to assert it either abandoned it
or decline to assert it.
3. Americans hold valid title to private lands as

against private persons
Titles to private lands acquired by such persons
before such date (July 3, 1974) shall be valid as
against private persons only) Transitory Provision
of the 1973 Constitution.
Previous owner may no longer recover land
from an American buyer who succeeded in
obtaining title over the land.
Only the State has the superior right to the land
through the institution of escheat proceeding (as a
consequence of the violation of the Constitution) or
73
3. Action for recovery filed by the former Filipino

owner, the pari delicto ruling having been
abandoned, unless the land is sold to an American
citizen prior to July 3, 1974 and the American
citizen obtained title thereto.
- The reason for the interdiction of unfair

competition and the reason for the prohibition of
unmitigated monopolies.
- A market controlled by one player (monopoly)
or dominated by a handful of players (oligopoly) is
hardly the market where honest-to-goodness
competition will prevail.
- Constitution enshrined free enterprise as a
policy, it nevertheless reserves to the Government
the power to intervene whenever necessary for the
promotion of the general welfare.
Preference for Filipino Labor, etc.

- The State shall promote the preferential use of
Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make
them competitive.
Practice of Profession
- The practice of all profession shall be limited to
Filipino citizens
- Exception: in cases prescribed by law
Central Monetary Authority

- Congress shall establish an independent central
monetary authority, the members of whose
governing board must be:
1. natural-born
2. known probity, integrity and patriotism
3. majority of whom shall come from the private
sector
- The authority shall:
1. provide policy direction in the areas of money
banking and credit
2. have supervision over the operations of banks
3. exercise such regulatory powers as may be
provided by law over the operations of finance
companies and other institutions performing similar
functions
- Until Congress otherwise provides, the Central
Bank shall function as the central monetary
authority.
Cooperatives
- Congress shall create an agency to promote the
viability and growth of cooperatives as instruments
for social justice and economic development.
- RA 6939: An Act Creating the Cooperative
Development Authority
- CDA is devoid of any quasi-judicial authority to
adjudicate intra-cooperative disputes and, more
particularly, disputes related to the election of
officers and directors of cooperatives.
- CDA may conduct hearings and inquiries in the
exercise of its administrative functions.
Monopolies
- Policy: the State shall regulate or prohibit
monopolies when the public interest so requires. No
combinations in restraint of trade or unfair
competition shall be allowed.
- Monopoly a privilege or peculiar advantage
vested in one or more persons or companies,
consisting in the exclusive right to carry on a
particular business or trade, manufacture a
particular article, or control the sale of a particular
commodity.
- Monopolies are not per se prohibited by the
Constitution but may be permitted to exist to aid the
government in carrying on an enterprise or to aid in
the performance of various services and functions in
the interest of the public.
- Subjected to a higher level of State regulation.
- Desirability of competition is the reason for the
prohibition against restraint of trade.
XV. SOCIAL JUSTICE AND HUMAN RIGHTS

Policy Statement
- Congress shall give highest priority to the
enactment of measures that
protect and enhance the right of all the people to
human dignity
reduce social, economic, and political
inequalities
and remove cultural inequities by equitably
diffusing wealth and political power for the
common good.
- To this end, the State shall regulate the
acquisition, ownership, use and disposition of
property and its increment.
74
- The promotion of social justice shall include the

commitment to create economic opportunities based
on freedom of initiative and self-reliance.
- Pursuit to social justice cannot justify breaking
the law.
- The States solitude for the destitute and the
have-nots does not mean it should tolerate
usurpation of property, public or private.
- Constitutionality of
Agrarian Reform Law.
the
Comprehensive
Urban Land and Housing Reform

- The State shall, by law, and for the common
good, undertake, in cooperation with the private
sector, a continuing program of urban land reform
and housing which will make available at affordable
cost decent housing and basic services to
underprivileged and homeless citizens in urban
centers and resettlement areas.
- It shall promote adequate employment
opportunities.
- State shall respect the rights of small property
owners.
- Urban or rural poor dwellers shall not be evicted
nor their dwellings demolished,
Except: in accordance with law and
in a just and humane manner.
- No resettlement of urban or rural dwellers shall
be undertaken without adequate consideration with
them and the communities where they are to be
located.
Labor
- The State shall afford full protection to labor,
local and overseas, organized and unorganized, and
promote full employment and equality of
employment opportunities for all.
- It shall guarantee the rights of all workers to:
1. self-organization
2. collective bargaining and negotiations
3. peaceful concerted activities, including the right
to strike in accordance with law
- They shall be entitled to:
1. security of tenure
2. humane conditions of work
3. living wage
- They shall also participate in policy and
decision-making processes affecting their rights and
benefits as may be provided by law.
- The State shall promote the principle of shared
responsibility between the workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation and shall
enforce their mutual compliance to foster industrial
peace.
- The State shall regulate the relations between
workers and employers, recognizing the
1. right of labor to its just share in the fruits of
production and
2. the right of enterprises to reasonable returns on
investments and to expansion and growth.
- Eviction of squatters and the demolition of their

shanties shall be done in accordance with law does
not mean that the validity and legality of demolition
or eviction hinges on the existence of resettlement
area designated or earmarked by the Government.
- Judicial notice of the fact that urban reform has
become a paramount task of Government in view o
the acute shortage of decent housing in urban areas.
- Section 19 of the LGC imposes certain
restriction on the exercise of the power of eminent
domain/
- RA 7279 provides the order in which lands may
be acquired for socialized housing.
- Urban tenants right of first refusal (pre-emptive
right), can be exercised only where the disputed
land is situated in an area declared to be an area for
priority development (APD) and an urban land
reform zone (ULRZ).
- Employees in the civil service may not resort to

strikes, walkouts and other temporary work
stoppages to pressure the Government to accede to
their demands.
- The ability to strike is not essential to the right
to association and the right to sovereign to prohibit
strikes or work stoppages was clearly recognized at
common law.
Human Rights
The Commission on Human Rights
Composition
1. Chairman
2. 4 Members
Qualifications
Agrarian and Natural Resources Reform

75
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
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.
XVI.
EDUCATION,
TECHNOLOGY, ARTS
SPORTS
SCIENCE
CULTURE
reasonable and equitable admission and academic

requirements.
It may be regulated pursuant to police power of
the State to safeguard health, morals, peace,
education, order, safety and general welfare of the
people.
Persons who desire to engage in the learned
professions requiring scientific or technical
knowledge may be required to take an examination
as a prerequisite to engaging in their chosen careers.
Requirement that a school must first obtain
government authorization before operating is based
on the State policy that educational programs and/or
operations shall be of good quality and shall satisfy
minimum standards.
Constitutional Mandate for the State to
Establish adequate and relevant education
Free public elementary and high school
education
Scholarship grants and loan programs
Out-of-school study programs
Adult education
Constitutional Objectives of Education
1. inculcate patriotism and nationalism
2. foster love of humanity
3. respect for human rights
4. appreciation of the role of national heroes in the
historical development of the country
5. teach the rights and duties of citizenship
6. strengthen ethical and spiritual values
7. develop moral character and personal discipline
8. encourage critical and creative thinking
9. broaden scientific and technological knowledge
10. promote vocational efficiency
AND
AND
State Policy
priority to education, science and technology,
arts, culture and sports to
foster patriotism and nationalism
accelerate social progress and
promote
total
human
liberation
and
development
protect and promote the right of all citizens to
quality education at all levels and shall take
appropriate steps to make such education accessible
to all.
Optional Religious Instruction

- Option expressed in writing by parent or
guardian
- Public elementary and high schools
- Within regular class hours
- Instructors designated or approved by religious
authorities
- Without additional cost to Government
National Medical Admission Test (NMAT)

ensures quality education for future doctors and
protect public health by making sure of the
competence of future medical practitioners.
Constitutional right of every citizen to select a
profession or course of study subject to fair,
Educational Institution
- Ownership
76
Solely by Filipino citizens or

Corporations 60% Filipino-owned
Exception: those established by religious groups
or mission boards, but Congress may increase
required Filipino equity participation.
- Control and Administration
Vested in Filipino citizen..
- Alien Schools
No educational institution shall be established
exclusively for aliens, and no group of aliens shall
compromise more than 1/3 of the enrolment in any
school.
Exception: schools for foreign diplomatic
personnel and their dependents and for other foreign
temporary residents.
- Tax Exemptions
all revenues and assets
all grants, endowments, donations and
contributions
of non-stock, non-profit educational institution
used directly, actually and exclusively for
educational purposes
freedom of the teacher or research worker in

higher institutions of learning to investigate and
discuss the problems of his science and to express
conclusions, whether through publication or in the
instruction of students, without interference from
political or ecclesiastical authority, or from the
administrative officials of the institution in which
he is employed, unless the methods are found to be
incompetent or contrary to professional ethics.
Widest latitude to innovate and experiment on
the method of teaching which is most fitting to his
students, subject only to the rules and policies of the
University.
Limitations
1. dominant police power of the State
2. social interests of the community
Termination of Contract theory in Alcauz can
no longer be used as a valid ground to deny
readmission or re-enrollment to students who had
led or participated in student mass actions against
the school. The students do not shed their
constitutionally-protected rights of free expression
at the school games.
The only valid grounds to deny readmission of
students are:
1. academic deficiency and
2. breach of the schools reasonable rules of
conduct
Minimum standards of procedural due process
must be satisfied:
1. student must be informed in writing of the
nature and cause of the accusation against them
2. right to answer the charges against them, with
the assistance of counsel, if desired
3. informed of the evidence against them
4. right to adduce evidence in their own behalf
5. evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the case.
It is within the sound discretion of the university
to determine whether a student may be conferred
graduation honors, considering that the student had
incurred a failing grade in an earlier course she took
in school.
Profession Regulation Commission cannot
interfere with the conduct of review that review
schools and centers believe would best enable their
Highest Budgetary Priority to Education

- merely directory
Academic Freedom
enjoyed in all institutions of higher learning
colleges, publicly or privately-owned
Two Views:
1. from the standpoint if the educational institution
determine:
1. who may teach
2. what may be taught
3. how it shall be taught
4. who may be admitted to study
Freedom to determine whom to admit includes
the right to determine whom to exclude or expel, as
well as to impose lesser sanctions such as
suspension.
Right to freely choose their field of study
subject to existing curricula, and to continue their
course therein up to graduation, such right is subject
to established academic and disciplinary standards
laid down by the academic institution.
2. from the standpoint of the members of the
academe
77
enrollees to meet the standards required before

becoming full-pledged public accountants.
Prerogative of the school to provide standards
for its teachers and to determine whether or not
these standards have been met is in accordance with
academic freedom and constitutional autonomy
which give educational institutions the right to
choose who should teach.
Academic freedom was never meant to be
unbridled license; it is a privilege which assumes
the correlative duty to exercise it responsibly.
Conferment of an honor or distinction was
obtained through fraud, the University has the right
to revoke or withdraw the honor or distinction
conferred. The right does not terminate upon the
graduation of the student.
Law shall take effect only upon its ratification

by the people in a national referendum.
Armed Forces of the Philippines
Composed of a citizen armed force
Which shall undergo military training
And serve, as may be provided by law.
All members of the armed forces shall take an
oath or affirmation to uphold and defend the
Constitution
Professionalism and Adequate Remuneration
shall be a prime concern of the State.
Insulated from partisan politics.
No member of the military shall engage directly
or indirectly in any partisan political activity except
to vote.
No member of the armed forces in the active
service shall, at any time, be appointed or
designated in any capacity to any civilian position.
Laws on retirement of military officers shall not
allow extension of their service.
The officers and men of the regular force of the
armed forces shall be recruited proportionately from
all provinces and cities as far as practicable.
Language
National language Filipino
Purpose of communication and instruction
Filipino, and until otherwise provided by law,
English
Regional languages auxiliary official
languages in the regions and shall serve as ancillary
media of instruction
Spanish and Arabic promoted on voluntary
and optional basis
Constitution shall be promulgated in Filipino
and English and shall be translated into major
regional languages, Arabic and Spanish.
National Police Force

The State shall establish and maintain one
police force, which shall be:
National in scope and
Civilian in character.
To be administered and controlled by a national
police commission.
Authority of local executives over the police
units in their jurisdiction shall be provided by law.
RA 6975 established the PNP under a
reorganized department, DILG.
XVII. THE FAMILY

XVII. GENERAL PROVISIONS
Flag
Red, white and blue
A sun and 3 stars
As consecrated and honored by the people and
recognized by law.
Mass Media and Advertising Industry

Mass Media
Ownership
limited
to
CITIZENS
or
CORPORATIONS
WHOLLY-OWNED
and
MANAGED by such citizens.
Congress shall regulate or prohibit monopolies
in commercial mass media.
Advertising Industry
Name
Congress may, by law, adopt:
a new name for the country
a national anthem or
a national seal
which shall be truly reflective and symbolic of
the ideals, history, and traditions of the people.
78
Only
FILIPINO
CITIZENS
or
CORPORATIONS or ASSOCIATIONS at least
70% FILIPINO-OWNED shall be allowed to
engage in the advertising industry.
ALL
EXECUTIVES and MANAGING
OFFICERS of such entities must be CITIZENS of
the Philippines.
Advertising entities affected shall have 5 years
from the ratification of the Constitution to comply
on GRADUATED and PROPORTIONATE basis
with the minimum Filipino ownership.
units compromising
Authority.
the Metropolitan
Manila
Career Civil Service

- Career civil service employees separated from
the service not for cause but as a result of the
reorganization is entitled to appropriate separation
pay and to retirement and other benefits according
to law in force at the time of their separation.
In lieu of separation pay, at the option of the
employees, they may be considered for employment
in the government.
Apply to career officers whose resignation,
tendered in line with the existing policy, had been
accepted.
XIX. TRANSITORY PROVISION

Elections
- First elections of members of Congress 2nd
Monday of May 1987
- First local elections to be determined by
President
- Synchronization of elections:
Members of Congress and the local officials
first elected shall serve until noon of June 30, 1992.
6-year term of the incumbent President and
Vice-President elected in February 7, 1986 elections
is extended until noon of June 30, 1992.
Elections for President and Vice-President,
Senators, Members of the House of Representatives
and local office must be synchronized in 1992.
Sequestration
- Authority to issue sequestration or freeze order
relative to the recovery of ill-gotten wealth shall
remain operative for not more than 18 months after
the ratification of this Constitution. Congress may
extend such period.
- Sequestration or freeze orders shall be issued
upon showing of a prima facie case.
- The corresponding judicial action shall be filed
within 6 months from ratification of this
Constitution, or, if issued after ratification within 6
months from such issue.
- The order is deemed automatically lifted if no
judicial action or proceeding is commenced.
- No particular description or specification of the
kind or character of judicial action or proceeding
much less an explicit requirement for the
impleading of the corporations sequestered or of the
ostensible owners of the property suspected to be
ill-gotten.
- The only qualifying requirement in the
Constitution is that the action or proceeding be filed
for orders of sequestration, freezing or provisional
take-over.
- The action or proceeding must concern or
involve the matter of sequestration, freezing or
provisional take-over of specific property and
should have, as objective, the demonstration by
competent evidence that the property is indeed illgotten wealth over which the government has a
legitimate claim for recovery and other relief.
- Mere issuance of the writ of sequestration,
without the corresponding service, within the 18-
Existing Laws and Treaties

- All existing laws, decrees, Eos, proclamations,
letters of instructions, and other executive issuances
not inconsistent with the Constitution shall remain
operative until amended, repealed or revoked.
- All existing treaties or international agreements
which have not been ratified shall not be renewed or
extended without the concurrence of at least 2/3 of
all the members of the Senate.
Reserved Executive Powers
- Until a law is passed, the President may fill by
appointment from a list of nominees by the
respective sectors, the seats reserved for sectoral
representative.
- Until otherwise provided by Congress, the
President may constitute the Metropolitan Authority
to be composed of the heads of all local government
79
month period, does not comply with the

constitutional requirement.
- Lifting of the sequestration orders does not ispo
facto mean that sequestrated property are not illgotten. The effect of the lifting will merely be the
termination of the role of government as
conservator of the property.
- Writ of sequestration may be issued only upon
authority of at least 2 PCGG Commissioners.
- PCGG may not validly delegate its authority to
sequester.
- PCGG cannot perform acts of strict ownership
of sequestrated property. PCGG being a mere
CONSERVATOR.
Exception: case of take-over of a business
belonging to the government or whose
capitalization comes from public funds but which
landed in private hands.
- Sequestration does not automatically deprive the
stockholders of their right to vote their shares of
stock. Until the main sequestration case is resolved,
the right to vote the sequestered shares of stocks
depends on the 2-tiered tests:
1. whether there is prima facie evidence showing
that the said shares are ill-gotten and thus belong to
the State
2. whether there is an immediate danger of
dissipation thus necessitating their continued
sequestration and voting by PCGG while the main
issue pends with the Sandiganbayan.
Does not apply in cases involving funds of
public character
The Government is granted the authority to vote
said shares:
1. where government shares are taken over by
private persons or entities who/which registered
them in their own names and
2. where the capitalization or shares that were
acquired by public funds somehow landed on
private hands.
- Sandiganbayan can review the validity of
sequestration orders.
- Absence of express prohibition, the rule on
amicable settlement or compromise agreements in
the Civil Code is applicable to PCGG cases before
the Sandiganbayan.
- PCGGs authority to enter into compromise
agreements involving ill-gotten wealth and to grant
immunity in civil and criminal cases, without need

of prior Congressional approval is sustained.
- Penal violations to fall within the jurisdiction of
the PCGG:
1) it must relate to ill-gotten wealth;
2) of the late President Marcos, his immediate
family, relatives, subordinates, and close associates;
3) who took advantage of their public office and/or
power, authority, influence, connections or
relationships.
- Those not fulfilling the above elements are not
within the authority of the PCGG but within the
jurisdiction of the Ombudsman and other duly
authorized investigating agencies.
- The invalid preliminary investigation did not
impair the validity of the criminal information or
otherwise render them defective; much less did not
affect the jurisdiction of the Court.
The only effect is the imposition on the latter of
the obligation to suspend the proceedings and to
require the holding of preliminary investigation.
- A mere allegation in the anti-graft complaint
that the accused is a relative of then President
Marcos will not suffice to enable the PCGG to take
cognizance of the case. There must, in addition, be a
showing that the accused has unlawfully
accumulated wealth by virtue of such close relation
with the former President.
- Fact of sequestration alone did not automatically
oust the RTC of its jurisdiction.
- In order that the Sandiganbayans exclusive
jurisdiction may be invoked, the PCGG must be a
party to the suit.
- The Office of the Solicitor General may validly
call the PCGG for assistance and ask it to respond
to a motion for a bill of particulars, considering that
PCGG has the complete records of the case and,
being in charge of the investigation, is more
knowledgeable and better informed.
GENERAL PRINCIPLES
Principles of Local Autonomy
Constitutional Provisions
The State shall ensure the local autonomy of
local governments
The territorial and political subdivisions shall
enjoy local autonomy
80
The principle of local autonomy under the 1987

Constitution
simply
means
DECENTRALIZATION.
It does not make the local government sovereign
within the state or an imperium in iperio.
Autonomy is either:
1. decentralization of administration
no valid constitutional challenge
delegation of administrative powers to broaden
the base of governmental power.
2. decentralization of power
abdication by the national government of
political power in favor of the local government
Congress retains control over the LGUs
although significantly reduced under the
Constitution. National legislature is still the
principal of LGUs which cannot defy its will or
modify or violate it.
Power to tax of LGUs which cannot be
withdrawn by mere statute.
Any form of autonomy granted to local
governments will necessarily be limited and
confined within the extent allowed by the central
authority.
Exercise of local autonomy remains subject to:
1. power of control by Congress and
2. general supervision by the President
Scope of Presidents supervisory powers:
President can only interfere in the affairs and
activities of a local government unit if he finds that
the latter had acted contrary to law;
Cannot interfere in local affairs as long as the
concerned local government unit acts within the
parameters of the law and the Constitution;
Otherwise, violates the principle of local
autonomy and the doctrine of separation of powers.
Liga ng mga Barangay is not subject to the
control by the Chief Executive or his alter ego.
2. Private: formed for some private purpose.

3. Quasi-Public: private corporation that renders
public service or supplies public wants.
Criterion to determine whether corporation is
public
Relationship of the corporation to the State; if it
is created by the State as its own agency to help the
State in carrying out its governmental function then
it is public. Otherwise, it is private.
Classes of public corporations
1. Quasi-corporation created by the state for a
limited purpose.
2. Municipal Corporation body politic and
corporate constituted by the incorporation of the
inhabitants for the purpose of local government.
Municipal Corporation
Elements:
1. Legal creation or incorporation
Law creating or authorizing the creation or
incorporation of a municipal corporation.
2. Corporate name
Sanggunian Panlalawigan may change the name
of component cities or municipalities:
1. consultation with Philippine Historical Institute
2. effective upon ratification in a plebiscite
3. Inhabitants
People residing in the territory.
4. Territory
Land mass where the inhabitants reside
Together with external and internal waters and
the airspace above.
Dual Nature and Functions
Exercise powers as a political subdivision of the
National Government and
As a corporate entity representing the
inhabitants of the territory.
1. Public or Governmental acts as agents of the
State, for the government of the territory and the
inhabitants.
2. Private or Proprietary acts as agents of the
community in the administration of local affairs.
Acts as a separate entity for its own purposes and
not as a subdivision of the state.
Corporation
Artificial being created by operation of law,
having the right of succession and the powers,
attributes and properties expressly authorized by
law or incident to its existence.
Classification
1. Public: organized for the government of a
portion of a state.
81
Roles of Municipal Corporations in the

Philippines
The territorial and political subdivisions of the
Philippines are the PROVINCES, CITIES,
MUNICIPALITIES and BARANGAYS. There shall
be AUTONOMOUS REGIONS in MUSLIM
MINDANAO and the CORDILLERAS.
6766, cannot validly constitute the Autonomous

Region of the Cordilleras.
Special Metropolitan Political Subdivision
Congress may by law create special
metropolitan political subdivisions subject to a
plebiscite.
The component cities and municipalities shall
retain their basic autonomy
Entitled to their own local executives and
legislative assemblies
Jurisdiction of the metropolitan authority shall
be limited to basic services requiring coordination.
Provinces
Cluster of municipalities or municipalities and
component cities.
Dynamic
mechanism for developmental
processes and effective governance of LGUs within
its territorial jurisdiction.
City
More urbanized and developed barangays
General
purpose government
for the
coordination and delivery of basic, regular and
direct services.
Effective governance of the inhabitants within
its jurisdiction.
Muncipality
Group of barangays
General
purpose government
for the
coordination and delivery of basic, regular and
direct services.
Effective governance of the inhabitant within its
jurisdiction.
Barangay
Basic political unit
Primary planning and implementing unit of
government policies, plans, programs, projects and
activities in the community.
Forum where collective views of the people
may be expressed.
Where disputes may be amicably settled.
Autonomous Regions in Muslim Mindanao and
the Cordilleras
Datu Firdausi Abbas vs. COMELEC: act
establishing the Autonomous Regional Government
of Muslim Mindanao was held valid.
Cordillera Broad Colaition vs. Commission on
Audit: exercise of legislative powers, creating the
Cordillera Administrative Region was held valid. It
prepared the groundwork for autonomy and the
adoption of the organic law.
Ordillo vs. COMELEC: sole province of Ifugao
which, in the plebiscite, alone voted in favor RA
Creation and Dissolution of Municipal Corporations

Authority to Create
LGU may be created, divided, merged,
abolished or its boundaries substantially altered
either by:
1. law enacted by Congress provinces, city,
municipality or any other political subdivision
2. ordinance passed by Sangguniang Panlalawigan
or Sangguniang Panlungsod barangay
Requisites/Limitation
on
Creation
or
Conversion
No province, city, municipality or barangay may
be created, divided, merged, abolished or its
boundary substantially altered, EXCEPT
1. in accordance with criteria established in the
LGC
2. subject to approval by a majority of the votes
cast in a plebiscite in the political units directly
affected
Plebiscite Requirement: conducted by the
COMELEC within 120 days from the date of
effectivity of the law or ordinance effecting such
action, unless said law or ordinance fixes another
date.
Plebiscite for creating a new province should
include the participation of the residents of the
mother province in order to conform to the
constitutional requirement.
Where the law authorizing the holding of a
plebiscite is unconstitutional, the Court cannot
authorize the holding of a new one.
The fact that the plebiscite which the petition
sought to stop had already been held and officials of
the new province appointed does not make the
82
petition moot and academic, as the petition raises an

issue of constitutional dimensions.
Section 7, RA 7160 verifiable indicators of
viability and projected capacity to provide services:
1. Income
Sufficient, based on acceptable standards
To provide for all essential government facilities
and services and special functions
Commensurate with the size of its population
Average annual income for the last 2
consecutive years based on 1991 constant prices:
Compliance with the foregoing indicators shall

be attested to by the Department of Finance, the
National Statistics Office and the Lands
Management Bureau of the Department of
Environment and Natural Resources.
Requirement that the territory of the newlycreated local government units be identified by
metes and bounds is intended to provide the means
by which the area of the local government unit may
be reasonably ascertained.
Territorial jurisdiction of the newly created city
may be reasonably ascertained by referring to
common
boundaries
with
neighboring
municipalities then the legislative intent has been
sufficiently served.
Other constitutional limitations: Bill of Rights
1. Municipality: 2,500,000
2. City 100,000,000
3. Highly Urbanized City: 50,000,000
4. Province: 20,000,000
Internal Revenue Allotment should be included
in the computation of the average annual income of
the municipality. (for purposes of determining
whether the municipality may be validly converted
into a city)
For conversion to cities, the municipalitys
income should not include the IRA.
2. Population
Total number of inhabitants within the territorial
jurisdiction of the LGU concerned.
Required minimum population:
1. Barangay: 2,000 inhabitants; except in Metro
Manila and other metropolitan political subdivisions
or in highly urbanized cities where the requirement
is 5,000 inhabitants
2. Municipality: 25,000
3. City: 150,000
4. Highly Urbanized City: 200,000
5. Province: 250,000
3. Land Area
Contiguous, unless it comprises 2 or more
islands or is separated by a LGU independent of the
others
Properly identified by metes and bounds with
technical descriptions
Sufficient to provide for such basic services and
facilities to meet the requirements of its populace.
Area Requirements:
1. Municipality: 50 sq. kms.
2. City: 100 sq. kms.
3. Province: 2,000 sq. kms.
Beginning of Corporate Existence

ELECTION and QUALIFICATION of its Chief
Executive and a majority of the members of its
sangguinan.
UNLESS some other time is fixed therefore by
the law or ordinance creating it.
Division and Merger, Abolition of LGUs
Division and Merger
comply with same requirements, provided that
such division shall not reduce the income,
population or land area of the local government
unit/s concerned to less than the minimum
requirements prescribed
provided, further, that the income classification
of the original local government unit/s shall not fall
below its current income classification prior to the
division.
Abolition
LGU may be abolished when its income,
population or land area has been irreversibly
reduced to less than the minimum standards.
Law or ordinance abolishing a LGU shall
specify the province, city, municipality or barangay
with which the local government unit sought to be
abolished will be incorporated or merged.
De Facto Municipal Corporation
Requisites:
1. Valid law authorizing incorporation
2. Attempt in good faith to organize under it
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3. Colorable compliance with the law

4. Assumption of corporate powers
Not de facto municipal corporations, because
there was no law authorizing incorporation.
3. Any tax exemption, incentive or relief granted

by any LGU shall be construed strictly against the
person claiming it.
4. The general welfare provision shall be liberally
interpreted to give more powers to LGUs in
accelerating economic development and upgrading
the quality of life for the people in the community.
5. Rights and obligations existing on the date of
effectivity of this Code and arising out of contracts
or any other source of prestation involving a LGU
shall be governed by the original terms and
conditions of said contracts or the law force at the
time of such rights were vested.
6. In the resolution of controversies arising under
this Code where no legal provision of jurisprudence
applies, resort may be had to the customs and
traditions in the place where the controversies take
place.
Attack Against Invalidity of Incorporation

No collateral attack
Inquiry into the legal existence of a municipal
corporation is reserved to the state in a proceeding
for quo warranto or other direct proceeding.
Rule is applicable only when the municipal
corporation is at least a de facto municipal
corporation
The Local Government Code
Effectivity: January 1, 1992; after its complete
publication in at least 1 newspaper of general
circulation.
Scope of Application: all provinces, cities,
municipalities, barangays and other political
subdivisions as may be created by law and to
officials, offices or agencies of the National
Government.
II. GENERAL POWERS AND ATTRIBUTES

OF LOCAL GOVERNMENT UNITS
Powers in General
Sources
1. Philippine Constitution
2. Statutes
3. Charter
4. Doctrine of the right of self-government
Declaration of Policy
1. Territorial and political subdivision of the State
shall enjoy genuine and meaningful local autonomy
to enable them to attain their fullest development as
self-reliant communities and make them more
effective partners in the attainment of national
goals.
2. Ensure accountability of LGUs through the
institution of effective mechanisms of recall,
initiative and reference.
3. Require all national agencies and offices to
conduct periodic consultations with appropriate
LGUs,
non-governmental
and
peoples
organizations and other concerned sectors of the
community before any project or program is
implemented in their respective jurisdiction.
Classification
1. express, implied, inherent
2. public, governmental, private or proprietary
3. intramural, extramural
4. mandatory, directory, ministerial, discretionary
Execution of powers
1. statute prescribes the manner of exercise the
procedure must be followed
2. statute is silent LGUs have discretion to select
reasonable means and methods of exercise
Rules of Interpretation
1. Any provision on a power of a LGU shall be
liberally interpreted in its favor; in case of doubt,
any question shall be resolved in favor of
devolution of power.
2. Any tax ordinance or revenue measure shall be
construed strictly against the LGU enacting it and
liberally in favor if the taxpayer.
Governmental Powers
1. General Welfare
2. Basic Services and Facilities
3. Power to Generate and Apply Resources
4. Eminent Domain
5. Reclassification of Lands
6. Closure and Opening of Roads
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7. Local Legislative Power

8. Authority over Police Units
Mayor authorized to issue permits and licenses

for the holding of activities for any charitable or
welfare purposes.
LLDA which has exclusive jurisdiction to issue
permits for the enjoyment of fishery privileges in
Laguna de Bay
Ordinance is not unconstitutional merely
because it incidentally benefits a limited number of
persons the support for the poor has long been an
accepted exercise of the police power in the
promotion of the common good.
Municipality cannot grant exclusive fishing
privileges without prior public bidding and for a
period of more than 5 years violates Fisheries
Law.
Permits to operate cockpits mayor
Ordinance prohibiting operation of night-clubs
is invalid prohibitory and not mere regulatory
General Welfare
Exercise powers expressly granted, necessarily
implied, and powers necessary, appropriate or
incidental for its efficient and effective governance
and those which are essential to the promotion of
the general welfare
w/ respective territorial jurisdiction,
1. preservation and enrichment of culture
2. promote health and safety
3. enhance the right of the people to a balanced
ecology
4. encourage and support the development of
appropriate and self-reliant scientific and
technological capabilities
5. improve public morals
6. enhance economic prosperity and social justice
7. promote full employment among its residents
8. maintain peace and order
9. preserve the comfort and convenience of their
inhabitants
general welfare clause statutory grant of
police power to LGUs
Limitations
1. exercisable only within territorial limits
EXCEPT for protection of water supply
2. Equal protection clause
3. Due process clause (means employes are
reasonably necessary and not unduly oppressive for
the accomplishment of the purpose)
4. not be contrary to the Constitution and the laws.
Prohibited activities cannot be legalized in the
guise of regulation.
Activities allowed by law cannot be prohibited,
only regulated.
LGU may close a bank for failure to secure the
appropriate mayors permit and business licenses.
LGU may not regulate the subscriber rate by
CATV operators within its territorial jurisdiction
jurisdiction of NTC; This does not mean that LGU
cannot prescribe regulations over CATV operators.
Ordinance prohibiting the operation of casino is
invalid for being contrary to the Charter of
PAGCOR (PD1869)
Basic Services and Facilities

- Endeavor to be self-reliant
- Continue exercising the powers and discharge
the duties and functions currently vested upon them
- Discharge the functions and responsibilities of
national agencies and others devolved upon them
- Exercise such other powers and discharge such
other functions as are necessary, appropriate or
incidental to efficient and effective provision of the
basic services and facilities.
- PUBLIC WORKS and INFRASTRUCTURE
PROJECTS and other FACILITIES, PROGRAMS
and SERVICES FUNDED BY THE NATIONAL
GOVERNMENT are NOT covered under Section
17 EXCEPT where the LGU is duly designated as
the implementing agency for such projects,
facilities, programs and services.
- Devolution: act by which the national
government confers power and authority upon
various LGUs to perform specific function and
responsibilities,
Includes the transfer of assets, equipments,
records and personnel of national agencies and
offices to LGUs
Regional offices of national agencies shall be
phased out within 1 years from approval of Code.
Career regional director which cannot be
absorbed by the LGU shall be retained by the
national government w/o diminution.
85
that may be established by Congress can define and

limits such power of local governments.
Secretary of Justice can review the
constitutionality or legality of tax ordinance and if
warranted, revoke it on either grounds
Exemption may be withdrawn at the pleasure of
the taxing authority.
Exception: where the exemption was granted to
private parties based on material consideration of a
mutual nature, which then becomes contractual and
is covered by the non-impairment clause of the
Constitution.
Fundamental Principles governing financial
affairs, transactions and operations of the local
government:
1. no money shall be paid out of the local treasury
EXCEPT in pursuance of appropriation ordinance
or law
2. local government funds and monies shall be
spent solely for public purpose
3. local revenue is generated only from sources
expressly authorized by law or ordinance and
collection shall at all times be acknowledged
properly
4. all monies officially received by a local
government officer in any capacity shall be
accounted for as local funds unless otherwise
provided by law
5. trust funds in the local treasury shall not be
paid out except in fulfillment of the purpose for
which the trust was created or the funds received
6. every officer of the LGU whose duties permit or
require the possession or custody of local funds
shall be properly bonded and such officer shall be
accountable and responsible for said funds and for
safekeeping
7. local governments shall formulate sound
financial plans and the local budgets shall be
based on functions, activities and projects in terms
of expected results
8. local budget plans and goals shall, as far as
practicable, be harmonized with national
development plans, goals, strategies in order to
optimize the utilization of resources and to avoid
duplication in the use of fiscal and physical
resources
9. local budgets shall operationalize approved
local development plans
Power to Generate and Apply Resources

Establish an organization that shall be
responsible for the efficient and effective
implementation of their development plans,
programs, objectives and priorities
To create their own sources of revenue
To levy taxes, fees and charges which shall
accrue exclusively to their own use and disposition
and which shall be retained by them
To have a just share in the national taxes which
shall be automatically and directly released to them
without need of any further action
To have an equitable share in the proceeds from
the utilization and development of the national
wealth and resources with their respective territorial
jurisdictions
Develop, lease, encumber, alienate or otherwise
dispose of real or personal property held by them in
their proprietary capacity and to apply their
resources and assets for productive, developmental
or proprietary powers and functions and thereby
ensure their development into self-reliant
communities and active participants in the
attainment of national goals.
LGUs have no power to tax instrumentalities of
the National Government, e.g. PAGCOR
Fundamental Principles governing the exercise
of taxing and other revenue-raising powers of LGUs
1. Taxation shall be uniform in all LGUs
2. Taxes, fees, charges and other impositions shall
be
equitable based as far as practicable on the
taxpayers ability to pay;
levied and collected only for public purpose;
not
unjust,
excessive,
oppressive
or
confiscatory; and
not contrary to law, public policy, national
economic policy or in restrain of trade;
3. collection of taxes, fees, charges and other
impositions shall not be left to any private person
4. revenue collected shall inure solely to the
benefit and be subject to the disposition by the
LGU, unless specifically provided herein
5. each LGU shall evolve a progressive system of
taxation.
Exercise by LGU of the power to tax is ordained
by the Constitution; only guidelines and limitations
86
10. LGUs shall ensure that theirs respective budget

incorporate the requirements of their component
units and provide for equitable allocation of
resources among those
11. national planning shall be based on local
planning
12. fiscal responsibility shall be shared by all those
exercising authority over financial affairs,
transactions and operations of the LGUs
13. the LGU shall endeavor to have a balanced
budget in each fiscal year of operation
- Authorize reclassification of agricultural lands

- And provide for the manner of their
utilization/disposition
- Grounds:
1. land ceases to be economically feasible and
sound for agricultural purposes as determined by
Department of Agriculture
2. land shall have substantially greater economic
value for residential, commercial or industrial
purposes, as determined by the sanggunian
- Reclassification shall be limited to the following
percentage of the total agricultural land area at the
time of the passage of the ordinance:
1. highly urbanized cities and independent
component cities: 15%
2. component cities and 1st to 3rd class
municipalities: 10%
3. 4th to 6th class of municipalities: 5% Provided
that agricultural land distributed to land reform
beneficiaries shall not be affected by such
reclassification.
Eminent Domain
- Through chief executive and acting pursuant to
an ordinance
- For public purpose/use/welfare, for the benefit
of the poor and landless
- Payment of just compensation
- Valid and definite offer has been previously
made to the owners and such offer was not accepted
- LGU may immediately take possession:
1. upon filing of the expropriation and
2. making a deposit with the proper court of at
least 15% of the FMV of the property based on
current tax declaration of the property
Amount to be paid for the property shall be
determined by proper court based on FMV at the
time of TAKING of the property.
- Additional Limitations
1. exercised by local chief executive, pursuant to
VALID ordinance
2. public use or purpose or welfare, for the benefit
of the poor and landless
3. after valid and definite offer has been made to
and not accepted by the owner
- Power of eminent domain is expressly granted
to the municipality under the LGC
- What is required by law is an ORDINANCE,
not a resolution.
Ordinance is a law while a resolution is merely
a declaration of sentiment or opinion of a lawmaking body on a specific matter
3rd reading is needed for an ordinance, not for a
resolution unless decided otherwise by a majority of
the members of the Sanggunian
Closure and Opening of Roads

- Pursuant to an ordinance
- Permanently or temporarily close or open any
road, alley, park or square falling within its
jurisdiction
- Provided, in case of permanent closure,
ordinance must be approved by at least 2/3 of all
members of the sanggunian and when necessary, an
adequate substitute for the public facility shall be
provided.
- Additional limitations:
1. adequate provision for the maintenance of
public safety
2. property may be used or conveyed for any
purpose for which other real property may be
lawfully used or conveyed but no freedom parks
shall be closed permanently without provision for
its transfer or relocation to a new site.
3. temporary closure may be made during an
actual emergency, fiesta celebration, public rallies,
etc.
- Municipality has the authority to:
1. prepare and adopt a land use map
2. promulgate zoning ordinance
3. close any municipal road
- provincial roads and city streets are property for
public use and under absolute control of Congress;
Reclassification of Lands
- City/municipality through ordinance passed
after conducting public hearings
87
they are outside commerce of man and cannot be

disposed to private persons
- Power to vacate is discretionary on the
Sanggunian
- When properties are no longer intended for
public use, the same may be used or conveyed for
any lawful purpose and may even become
patrimonial and subject to common contract.
- City Council has the authority to determine
whether or not a certain street is still necessary for
public use.
The veto shall be communicated by the local

chief executive to the sanggunian
w/in 15 days in case of a province
w/in 10 days in case of a municipality
Otherwise, the ordinance shall be deemed
approved, as if signed
Grant of veto power accords the Mayor the
discretion whether or not to approve the
resolution signature on the resolution is NOT
ministerial duty of the Mayor.
Ordinance enacted by the sangguniang barangay
shall, upon approval by a majority of all its
members, be signed by the punong barangay no
veto power.
Review by Sangguniang Panlalawigan
w/in 3 days from approval, the secretary of the
sangguniang panlungsod (in component cities) or
sangguniang bayan shall forward to the
sangguniang panlalawigan for review copies of
approved ordinances and resolutions.
Sangguniang panlalawigan shall review the
same w/in 30 days
If it finds that it is beyond the power of the
sangguniang panlungsod/sangguniang bayan, it
shall declare the ordinance/resolution invalid.
If no action is taken w/in 30 days, it is presumed
consistent w/ law and valid.
Review of Barangay Ordinance
w/in 10 days from enactment, the sangguniang
barangay shall furnish copies of all barangay
ordinances to the sangguniang panlungsod or
sangguniang bayan for review.
If the reviewing sanggunian finds that it is
inconsistent with law or city or municipal
ordinances, the sangguniang concerned, shall within
30 days return the same with its comments and
recommendations to the sangguniang barangay for
adjustment, amendment or modification.
The effectivity of the ordinance is suspended.
If no action is taken by the reviewing
sangguinan within 30 days, the ordinance is deemed
approved.
Enforcement
of
Disapproved
Ordinance/Resolutions
Attempt to enforce an ordinance or resolution
approving the local development plan and public
investment program, after disapproval, shall be
Local Legislative Power

Exercised by local sanggunian
Products of legislative action
1. ordinance prescribes permanent rule of
conduct
2. resolution temporary character; expresses
sentiment
Requisites:
1. not contravene the Constitution or statute
2. must not be unfair or oppressive
3. must not be partial or discriminatory
4. must not prohibit but regulate trade
5. must not be unreasonable
6. must be general in application and consistent
with public policy
Approval of Ordinances passed by
SANGGUNIANG
PANLALAWIGAN,
SANGGUNIANG
PANLUNGSOD,
SANGGUNIANG BAYAN shall be approved by:
1. the local chief executive, affixing his signature
on each and every page
2. local chief executive vetoes the same and the
veto is overridden by 2/3 vote of all the members of
the sanggunian.
The local chief executive may veto only once.
Grounds:
1. ultra vires
2. prejudicial to the public welfare
He may veto any particular item/s of an:
1. appropriation ordinance
2. ordinance/resolution adopting a development
plan and public investment program
3. ordinance directing the payment of money or
creating liability
The veto shall not affect the item/s not objected
to.
88
sufficient ground for the suspension or dismissal of

the official or employee concerned.
Effectivity
o Unless
otherwise
stated
in
the
ordinance/resolution, the same shall take effect
AFTER 10 DAYS from the DATE A COPY IS
POSTED IN THE BULLETIN BOARD at the
entrance of the provincial capitol or city, municipal
or barangay hall, and in at least 2 other conspicuous
places in the LGU.
o Gist of all ordinance W/ PENAL SANCTIONS
shall be
PUBLISHED in a newspaper of general
circulation within the province where the local
legislative body belongs;
absence of newspaper of general circulation,
POSTING shall be made in all municipalities and
cities of the province where the sanggunian of
origin is situated.
o In highly urbanized and independent component
cities, the main features of the ordinance or
resolution duly enacted shall,
POSTED,
PUBLISHED once in a local newspaper of
general circulation within the city;
if there is no such newspaper within the city,
then PUBLICATION shall be made in any
newspaper of general circulation.
Authority over Police Units
As may be provided by law.
Suit is commenced by the LOCAL

EXECUTIVE,
upon
authority
of
the
SANGGUINIAN except when the CITY
COUNCILORS,
by
themselves
and
as
representatives of or on behalf of the City bring the
action to prevent unlawful disbursement of City
funds.
Municipality cannot be represented by a private
attorney.
Only the Provincial Fiscal or the Municipal
Attorney. This is mandatory.
Exception: when the Provincial Fiscal is
disqualified to represent it and the fact of
disqualification appears on record.
Fiscals refusal to represent the municipality is
not a legal justification. The Municipality should
request DOJ Secretary to appoint an Acting
Provincial Fiscal
The legality of the representation of an
unauthorized counsel may be raised at any stage of
the proceeding.
Municipal Attorney may validly adopt the work
already performed by a private lawyer provided that
no injustice is committed against the adverse party
and that no compensation has been paid to the
private counsel.
Corporate Powers
- LGUs shall enjoy full autonomy in the exercise
of their proprietary functions and in the
management of their economic enterprises
To acquire and convey real or personal property

LGU may acquire real or personal, tangible or
intangible property in any manner allowed by law.
LGU may only alienate patrimonial property,
upon proper authority
Absence of proof that the property was acquired
through corporate or private funds, the presumption
is that it came from the State, thus, governmental or
public property.
Town plazas are properties of public domain;
they may be occupied temporarily but only for the
duration of an emergency
Public Plaza is beyond the commerce of man
and cannot be the subject of lease or other
contractual undertaking
To have and use a corporate seal

Use, modify or change corporate seal
Any change shall be registered with DILG
1. 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
6. To exercise such other powers as are granted to
corporations, subject to limitations provided in the
Code and other laws
Continuous succession in its corporate name
To sue and be sued
89
Public streets or thoroughfares are property for

public use, outside the commerce of man and may
not be the subject of lease or other contracts
Procurement of supplies is made through public
competitive bidding
o Exception: amount is minimal
Provided, projects financed by such grant or

assistance with national security implications shall
be approved by the national agency concerned.
To exercise such other powers as are granted to

corporations, subject to limitations provided in the
Code and other laws
Power to enter into contracts

Requisites of Valid Municipal Contracts
1. LGU has the express, implied or inherent power
to enter into the particular contract
2. The contract is entered into by the proper
department, board, committee, officer, or agent.
o Unless otherwise provided, no contract may be
entered into by the local chief executive without
prior authorization by the sangguinian concerned.
3. comply with substantive requirements
4. comply with formal requirements
Ultra Vires Contracts: contracts entered into
without compliance with first and third requisites
ultra vires and void.
Cannot be ratified or validated.
Ratification of defective municipal contracts is
possible only when there is non-compliance with
the 2nd and/or 4th requisite.
Does not provide that the absence of an
appropriation ordinance ipso facto makes a contract
entered into by a LGU null and void. Public funds
may be disbursed not only pursuant to an
appropriation law, but also pursuant of other
specific statutory authority.
Police power prevails over non-impairment
clause.
Breach of contractual obligations city liable
for damages
Authority to negotiate and secure grants
Local chief executive upon authority of the
sangguinian
Negotiate and secure financial grants or
donations in kind
In support of the basic services and facilities in
Section 17
From local and foreign assistance agencies
Without necessity of securing clearance or
approval from any department, agency, or office of
the national government or from any higher LGU
III. MUNICIPAL LIABILITY

Rule: LGUs and their officials are NOT exempt
from liability for DEATH or INJURY to persons or
DAMAGE to property
Specific Provisions Making LGUs liable:
1. Article 2189, CC: The LGU is liable in damages
for death or injuries suffered by reason of the
DEFECTIVE CONDITION of roads, streets,
bridges, public buildings and other public works.
Attaches even if the road does not belong to the
LGU, provided that the City exercises control or
supervision over said road.
2. Article 2180, CC: The State is responsible when
it acts through special agents
3. Article 34, CC: The LGU is subsidiarily liable
for damages suffered by a person by reason of the
FAILURE or REFUSAL of a member of the
POLICE FORCE to render aid and protection in
case of danger to life and property.
Liability for Tort decisions PRIOR to LGC
1. if a LGU is engaged in GOVERNMENTAL
functions, it is NOT liable
2. if a LGU is engaged in proprietary function, it is
liable
City is liable for the tortuous acts of its
employees under the principle of respondeat
superior
3. Liability for illegal dismissal of employee
Absent proof of malice or bad faith which
attended the illegal dismissal cannot be held
personally accountable
Municipal corporation, whether or not included
in the complaint for recovery of back salaries due to
wrongful removal from office is liable
4. Local officials may be held personally liable
Acted beyond the scope of their authority and
with bad faith
90
Must be sued in their personal capacity

When they act maliciously and wantonly and
injure individuals rather than discharged a public
duty, they are personally liable.
Provisions applicable to elective and appointive

local officials
1. 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 LGU
3. 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
required
5. possess or use any public property of the LGU
for private purpose
6. prohibitions and inhibitions prescribed in RA
6713
Liability for Violation of the Law

1. closed part of a municipal street without
indemnification liable for damages
2. non-payment of minimum wage to employees
3. refusal to abide by the TRO
Liability for Contracts
1. Rule: A municipal corporation, like an ordinary
person, is liable on a contract it enters into,
provided that the contract is intra vires.
If the contract is utra vires, the municipal
corporation is not liable.
2. a private indivisual who deals with a municipal
corporation is imputed constructive knowledge of
the extent of the power o authority of the municipal
corporation to enter into contracts.
3. ordinarily, estoppel does not lie against the
municipal corporation.
4. Doctrine of Implied Municipal Liability: a
municipality may become obligated upon an
implied contract to pay the reasonable value of the
benefits accepted or appropriated by it as to which it
has the general power to contract.
Applies to all cases where money or property of
a party is received under such circumstances that
the general law, independent of an express contract,
implies an obligation to do justice with respect to
the same.
Cannot set up plea that it is ultra vires but still
retain the benefits.
EStoppel cannot be applied against a municipal
corporation in order to validate a contract which the
municipal corporation has no power to make or
which it is authorized to make only under
prescribed limitations or in a prescribed mode or
manner even if the municipal corporation has
accepted benefits.
If a suit is filed against a local official which
could result in personal liability, the latter may
engage the services of private counsel.
2. Practice of Profession
1. 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 party
2. 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
office
3. collect any fee for their appearance in
administrative proceedings involving the LGU
4. 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.
IV. LOCAL OFFICIALS

91
2. removed from office as a result of

administrative case
3. convicted by final judgment for violating the
oath of allegiance to the Republic
4. dual citizenship
5. fugitives from justice in criminal or nonpolitical cases here or 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 Code
7. insane or feebele-minded
3. Prohibition Against Appointment

1. 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
ELECTIVE LOCAL OFFICIAL removed via

administrative case before January 1, 1992 (date of
effectivity of the LGC) is NOT disqualified.
Elective Local Officials

Qualifications
1. CITIZENS of the Philippines
2. REGISTERED VOTER in the barangay,
municipality, city, province
or in case of a member of the Sangguniang
Panlalawigan, Panlungsod or Bayan the district
where he intends to be elected.
3. RESIDENT therein for at least 1 year
immediately preceding the election
4. able to read and write Filipino or any other local
language or dialect
5. on election day, must be at least
25 governor, vice-gov, members of the
sangguniang panlalawigan, mayor, vice-mayor or
members of the sangguniang panlungsod of highly
urbanized cities
21 mayor, vice-mayor of independent
component
cities,
component
cities
or
municipalities
18 members of the sangguniang panlungsod or
sangguniang bayan or punong barangay or member
of the sangguiniang barangy
At least 15 but not more than 21 sangguniang
kabataan
Manner of Election
1. Governor, Vice-Governor, City or Municipal
Mayor, City or Municipal Vice-Mayor and Punong
Barangay elected at large
2. Sangguniang Kabataan Chairman elected by
registered voters of the katipunan ng kabataan
3. Regular Members of the Sangguniang
Panlalawigan, Panlungsod and Bayan elected by
district.
4. Presidents of the leagues of Sangguinang
Members of component cities and municipalities
serve as ex-officio members of the sangguniang
panlalawigan
5. Presidents of the Liga ng mga Barangay and
Pederasyon ng mga Sangguniang Kabataan elected
by their respective chapters serve as ex-officio
members of the sangguniang panlalawigan,
panlungsod or bayan.
6. 1 sectoral representative from women, worker
and any of the ff:
a. Urban poor
b. Indigenous cultural communities
c. Disabled persons
d. Any other sectors as may be determined by the
sanggunian concerned w/in 90 days prior to the
holding of the next local election.
not more than 21 is not equivalent to less

than 22
Disqualifications
1. sentenced by final judgment for an offense
involving moral turpitude or for an offense
punishable by 1 year or more of imprisonment
within 2 years after serving sentence
Date of Election
Every 3 years
2nd Monday of may
Unless otherwise provided by law
92
number of registered voters in each district in the

immediately preceding election.
Mode of succession for permanent vacancies
may also be applied in cases of temporary
vacancies.
c. Punong Barangay highest ranking
sanggunian barangay member OR 2nd highest
Tie between or among the highest ranking
sanggunian members shall be resolved by drawing
lots.
d. Sanggunian member where automatic
succession do not apply:
1. appointment
by
PRESIDENT,
through
Executive Secretary in the case of Sangguniang
Panlalawigan or Panlungsod of highly urbanized
cities and independent component cities
2. apponted by GOVERNOR sangguniang
panlungsod of component cities and the
sangguniang bayan
3. appointed by CITY or MUNICIPAL MAYOR
sangguniang barangay upon recommendation of
the sangguniang barangay concerned
Term of Office
3 years starting from noon of June 30, 1992 OR
such date as may be provided by law
Except that of barangay official
No elective local official shall serve for more
than 3 consecutive terms in the same position
Term of barangay officials and members of the
sangguniang kabataan 5 years
- 3-term limit on a local official is to be
understood to refer to terms for which the official
concerned was elected.
- He must have been elected to the same position
for the same number of times before the
disqualification can apply.
- Prohibited election refers to the next regular
election for the same office following the end of the
third consecutive term. Any subsequent election,
like a recall election, is no longer covered by the
prohibition:
1. subsequent election like a recall election is no
longer an immediate re-election after three
consecutive terms
2. intervening period constitutes an involuntary
interruption in the continuity of service
EXCEPT for the sangguniang barangay, only

the nominee of the political party under which the
sanggunian member concerned had been elected
and whose elevation to the position next higher in
rank created the last vacancy in the sanggunian shall
be appointed.
A nomination and a certificate of membership of
the appointee from the highest official of the
political concerned are conditions sine qua non.
In case the permanent vacancy is caused by a
sanggunian member who does not beling in any
political party, the local chief executive shall upon
recommendation of the sangguinian concerned,
shall appoint a qualified person to fill the vacancy.
Reason: to maintain party representation
Recommendation by the sanggunian takes the
place of nomination by the political party (since
members of the sanggunian barangay are prohibited
to have party affiliation) and is considered condition
sine qua non.
Vacancy in the representation of the youth and
the barangay in the sanggunian filled
automatically by the official next in rank of the
organization concerned.
Rules on Succession
- Permanent vacancies:
1. fills a higher vacant office
2. refuses to assume office
3. fails to qualify
4. dies
5. removed from office
6. voluntarily resigns
7. permanently incapacitated to discharge the
functions
a. Governor/Mayor Vice-Governor/Vice-Mayor
b. Vice-Governor/Vice-Mayor highest ranking
sanggunian member OR 2nd highest ranking, and
subsequent vacancies shall be filled automatically
by the other sanggunian members according to their
ranking
Ranking in the sanggunian member shall be
determined on the basis of the proportion of votes
obtained by each winning candidate to the total
93
the 4th day of the absence of the local chief

executive EXCEPT
Member of the Sangguniang Kabataan who

obtained the next highest number of votes shall
succeed as Chairman if the latter:
1. refuses to assume office
2. fails to qualify
3. convicted of a crime
4. voluntarily resigns
5. dies
6. permanently incapacitated
7. removed from office
8. has been absent without leave for more than 3
consecutive months
* ineligibility is not one of the causes enumerated in
LGC
Temporary Vacancies
Governor/City or Muncipal Mayor/Punong
Barangay is temporarily incapacitated, due to but
not limited to:
1. leave of absence
2. travel abroad
3. suspension from office
1. power to appoint
2. power to suspend
3. power to dismiss
Compensation
determined by the Sanggunian concerned
elective barangay official:
1. honoraria
2. allowances and other emoluments, which in no
case less that P1,000/month for the punong
barangay and P600 for the sangguniang barangay
members
Elective local officials entitled to the same leave
privileges as those enjoyed by appointive local
officials, including cumulation and commutation
Resignation
- deemed effective upon acceptance by the ff:
1. President governor/vice-gov/mayor/vicemayor of highly urbanized cities and independent
component cities
2. Governor municipal mayors/vice-mayors/city
mayors/vice-mayors of component cities
3. Sanggunian concerned sanggunian members
4. city or municipal mayor barangay officials
vice governor/city or municipal vice-mayor or

the highest ranking sanggunian barangay member
shall automatically exercise the powers and perform
the duties EXCEPT:
1. power to appoint
2. power to suspend
3. power to dismiss
* which can be exercised only if the period of
temporary incapacity exceeds 30 working days.
- resignation is deemed accepted if not acted upon

within 15 working days from receipt
- irrevocable
resignations
by
sanggunian
members shall be deemed accepeted upon
1. presentation before an open session
2. duly entered un its record
3. EXCEPT: where sangguniang members are
subject to recall elections or to cases where existing
laws prescribe the manner of acting upon such
resignations.
- Temporary incapacity shall terminate upon

submission to the appropriate sanggunian of a
written declaration that he has reported back to
office.
- If temporary incapacity due to legal causes
shall also submit necessary documents showing that
legal cause no longer exists.
If local chief executive traveling within the country
but outside his territorial jurisdiction for a period
not exceeding 3 consecutive days, he may designate
in writing the officer-in-charge of the office.
- Such shall specify the powers and functions
- If the local chief executive refuses to issue such
authorization, the vice governor/city or municipal
vice-mayor or the highest ranking sanggunian
barangay member shall have the right to assume on
Grievance Procedure
- Local chief executive shall establish procedure
Discipline
Grounds disciplined/suspended/removed
1. Disloyalty to the Philippines
2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in office,
gross negligence, or dereliction of duty
94
- Acts of lasciviousness cannot be considered

misconduct; to constitute a ground for disciplinary
action, official charged with the offense must be
convicted in the criminal action
4. Commission of any offense involving moral
turpitude or an offense punishable by at least prision
mayor
5. abuse of authority
6. unauthorized absence of 15 consecutive
working days except in the case of members of the
sangguniang panlalawigan, panlungsod, bayan and
barangay
7. application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country
8. other grounds as may be provided in this code
and other laws
witnesses against him; compulsory process for the

attendance of witnesses and the production of
documents.
- An elective local official may be removed from

office on the above grounds by order of the proper
court.
ELECTIVE BARANGAY OFFICIAL FILED

BEFORE SANGGUINIANG PANLUNGSOD OR
SANGGUNIANG BAYAN FINAL AND
EXECUTORY
ELECTIVE MUNICIPAL OFFICIALS FILED

BEFORE SANGGUNIANG PANLALAWIGAN
APPEALABLE TO OFFICE OF THE PRESIDENT
- On appeal from decision of the Sanggunian
Panlalawigan, the President may stay execution of
appealed decision
- Decision of Sanggunian Panlalwigan must be:
1. in writing
2. state clearly and distinctly the facts and the
reasons for the decisions
3. signed by the requisite majority of the
sanggunian
Complaints verified complaint against;

1. provincial/highly urbanized city or independent
component city elective official filed before
Office of the President
2. Elective municipal officials filed before
Sangguniang Panlalawigan appealable to Office
of the President
3. Elective barangay official filed before
Sangguiniang Panlungsod or Sangguniang Bayan
final and executory
Preventive Suspension may be imposed by the

PRESIDENT, GOVERNOR or MAYOR
- any time after the issues are joined
- evidence of guilt is strong
- given the gravity of the offense
- there is great probability that the continuance in
office could influence the witnesses or pose threat
to the safety and integrity of the records and other
evidence
- Provided, single preventive suspension shall not
extend beyond 60 days
- In the event that several administrative cases are
filed, he cannot be suspended for more than 90 w/in
a single year on the same ground or grounds
existing and known at the time of the first
suspension.
PROVINCIAL/HIGHLY URBANIZED CITY OR

INDEPENDENT COMPONENT CITY ELECTIVE
OFFICIAL FILED BEFORE OFFICE OF THE
PRESIDENT
- Local governments under supervision of the
Executive.
- The Constitution allows Congress to include in
LGC provisions for removal of local officials; LGC
has delegated its exercise to the President.
- President has delegated the power to investigate
complaints to the Secretary of DILG alter ego
principle
- Right to formal investigation appeal and
defend himself in person or by counsel; confront
- Authority to preventively suspend is exercised

concurrently by the Ombudsman six (6) months
- The preventive suspension of an elective local
official by the Sandiganbayan shall only be for 60
days and not 90 days.
- Upon expiration of preventive suspension,
officer shall be REINSTATED to office without
prejudice to the CONTINUATION OF THE
PROCEEDINGS which shall be terminated within
95
120 days from the time he was formally notified of

the case against him.
- Abuse of exercise of power of preventive
suspension abuse of authority
- May employ emergency or casual employees or

laborers paid on daily wage or piecework basis and
hired through job orders for local projects
authorized by sanggunian, without need of approval
from CSC
- Said employment shall not exceed 6 months.
Penalty
- Penalty of suspension shall not exceed his
unexpired term or a period of 6 months for every
administrative offense
- Nor shall penalty be a bar to candidacy as long
as he meets requirements
- Penalty of removal from office as a result of an
administrative case shall be a bar to the candidacy
for any elective office.
- Not more than 6 months for each offense;
provide, the total does not exceed the unexpired
portion of his term
Officials
Common
to
all
Municipalities/Cities/Provinces
1. Secretary to the Sanggunian
2. Treasurer
3. Assessor
4. Accountant
5. Budget Officer
6. Planning and Development Coordinator
7. Engineer
8. Health Officer
9. Civil Registrar
10. Administrator
11. Legal Officer
12. Agriculturist
13. Social Welfare and Development Officer
14. Environment and Natural Resources Officer
15. Architect
16. Information Officer
17. Cooperatives Officer
18. Population Officer
19. Veterinarian
20. General Services Officer
Administrative Appeal w/in 30 days from receipt

1. to Sangguniang Panlalawigan component
cities sangguniang panlungsod and sangguniang
bayan
2. to OP Sangguniang Panlalawigan and
Sangguniang Panlungsod of highly urbanized cities
and independent component cities
- decisions of OP final and executory
- administrative appeal to OP is possible; only
means that administrative appeal will not prevent
enforcement of the decision
- In the barangay, mandated appointive officials:

1. Barangay Secretary
2. Barangay Treasurer

- appeal shall not prevent decision from being
executed
- during pendency of appeal shall be considered
as having been placed under preventive suspension
- OP may stay execution of a decision pending
appeal
Administrative Discipline in accordance with civil

service law and other pertinent laws
1. Preventive Suspension
- Local chief executive
- Period not exceeding 60 days
- Any subordinate officer or employee under his
authority
- Pending investigation
- If the charge involves:
1. dishonesty
2. oppression
3. grave misconduct
4. neglect in the performance of duty
5. or if there is reason to believe that respondent is
guilty of the charges which would warrant removal
Effect of Re-election
- Bars continuation of administrative case against
him
- Re-election is tantamount to condonation by the
people
Appointive Local Officials
Responsibility for human
development
- Local chief executive
resources
and
96
2. Disciplinary Jurisdiction
- Local chief executive may impose penalty of :
1. removal
2. demotion in rank
3. suspension for not more than 1 year without pay
4. fine in an amount not exceeding 6 months
salary
5. reprimand
- If penalty is suspension without pay for not
more than 30 days, decision shall be final.
- If heavier, appealable to CSC which shall decide
the appeal within 30 days from receipt.
- Operational supervision of local chief executive

police force, fire protection unit and jail
management personnel
Inter-Local Government Relations
- Province through Governor
Ensure that every component city and
municipality within its territorial jurisdiction acts
within the scope of its prescribed powers
Highly urbanized cities and independent
component cities shall be independent of the
province.
Governor shall review a; Eos promulgated by
the component city or municipal mayor within its
jurisdiction.
The city or municipal mayor shall review all
EOs promulgated by the punong barangay within
his jurisdiction.
Failure to act w/in 30 days from submission
deemed consistent with law and therefore valid.
- In the absence of a municipal legal officer,
municipal government may secure opinion of
provincial legal officer; absence of the latter,
provincial prosecutor.
- City or Municipal Mayor exercise general
supervision over component barangays
- LGUs may through appropriate ordinance group
themselves, consolidate or coordinate their
efforts/services/resources for purposes commonly
beneficial to them.
Contribute fund upon approval by sanggunian
after public hearing
- Disciplinary authority over City Revenue

Officer City Treasure NOT Mayor.
V. INTER-GOVERNMENTAL RELATIONS
National Government
Power of General Supervision
- President over LGUs
- Supervisory authority directly over provinces,
highly urbanized cities and independent component
cities.
- Through the Province with respect to
component cities and municipalities
- Through City and Municipality with respect to
barangays
Coordination with National Agencies
- National agencies and offices with project
implementation functions shall coordinate with one
another and with the LGU
- Ensure participation of LGU in planning and
implementation of national projects.
Peoples and Non-Governmental Organizations

LGUs shall promote their establishment to
become active partners in the pursuit of local
autonomy.
LGUs may enter into joint ventures and other
cooperative arrangements with Peoples and NonGovernmental Organizations to engage in the
delivery of basic services.
LGU, through local chief executive with
concurrence of sanggunian, provide assistance
financial or otherwise to Peoples and NonGovernmental Organizations for economic,
socially-oriented, environmental or cultural projects
to be implemented within its territorial jurisdiction.
Consultation
- Before project or program shall be
implemented:
1. consultation
2. prior approval of sanggunian
- Provided, occupants in areas where such
projects are to be implemented shall not be evicted
unless appropriate relocation sites have been
provided.
Philippine National Police
97
Mandated Local Agencies

1. Local School Board
2. Local Health Board
3. Local Development Council
4. Local Peace and Order Council
It is the legal process whereby the registered

voters of a local government unit may directly
propose, enact or amend any ordinance.
It may be exercised by all registered voters.
Procedure
1. Petition filed with the sanggunian proposing the
adoption, enactment, repeal or amendment of an
ordinance
Not less than 2,000 registered voters in the
region
Not less than 1,000 registered voters in cases of
provinces and cities
Not less than 100 voters in case of
municipalities
Not less than 50 voters in case of barangays
2. If no favorable action taken, within 30 days
from presentation, the proponents through their duly
authorized and registered representatives, may
invoke their power of initiative, giving notice to the
sanggunian concerned.
3. The proposition shall be numbered serially
starting from Roman Numeral I. Two or more
propositions may be submitted in an initiative. The
COMELEC or designated representative shall
extend assistance in the formulation of the
proposition.
4. Proponents collect the required number of
signatures within
90 days in case of provinces and cities
60 days in case of municipalities
30 days in case of barangays
From NOTICE
5. The petition shall be signed before the election
registrar or his representative, in the presence if the
a representative of a proponent and a representative
of the sanggunian in a public place in the local
government unit.
6. Lapse of the period, COMELEC shall certify as
to whether the required the number of signatures
has been obtained. Failure to obtain the required
number of signatures. Failure to obtain the required
number of signatures defeats the proposition.
7. If required number is obtained, the COMELEC
shall set a date for the initiative during which the
proposition is submitted to the registered voters for
their approval:
w/in 60 days in case of provinces
Settlement of Boundary Disputes

1. Boundary Disputes between and among LGUs
Settled amicably
Rules
a. Involving 2 or more barangays in the same
city/municipality referred to Sangguniang
Panlungsod or Sangguniang Bayan
b. Incolving 2 or more municipalities in the same
province referred to Sangguniang Panlalawigan
c. Involving municipalities or component cities in
different provinces jointly referred to the
sanggunians of the provinces
d. Involving a component city or municipality on
the one hand and a highly urbanized city on the
other, or 2 or more highly urbanized cities jointly
referred to the respective sanggunians of the parties
2. Sanggunian fails to effect a settlement within 60
days from the date the dispute was referred to it, it
shall issue a certification.
3. Dispute shall then be formally tried by the
sanggunian, which shall decide the issue within 60
days from the date of the certification.
4. within the time and manner prescribed by the
ROC, any party may elevate the decision of the
sanggunian concerned to the proper RTC having
jurisdiction over the area in dispute which shall
decide the appeal within 1 year from filing.
5. Settlement of boundary dispute between a
municipality and an independent component city in
the same province RTC in the province that can
adjudicate the controversy.
6. The boundaries must be clear for they define the
limits of the territorial jurisdiction of the LGU. It
can legitimately exercise powers of government
only within the limits of its territorial jurisdiction.
Beyond these limits, its acts are ultra vires.
VI. LOCAL INITIATIVE AND REFERENDUM
Local Initiative
98
w/in 45 days in case of municipalities

w/in 30 days in case of barangays
from date of CERTIFICATION by COMELEC.
The initiative shall be held on the date set, after
which the results shall be certified and proclaimed
by the COMELEC.
8. If the proposition is approved by a majority of
the votes cast, it shall take effect 15 days after
certification by the COMELEC.
capacity of the Sanggunian concerned to enact said

measure.
VII. LOCAL GOVERNMENT UNITS
The Barangay
Chief Officials and Offices
There shall be in each barangay:
1. PUNONG BARANGAY
2. 7 SANGGUNIANG BARANGAY MEMBERS
3. The
SANGGUNIANG
KABATAAN
CHAIRMAN
4. BARANGAY SECRETARY
5. BARANGAY TREASURER
6. LUPONG TAGAPAMAYAPA
Limitations
On Local Initiative
1. not be exercised more than once a year
2. extend only to subjects or matters which are
within the legal powers of the sanggunian to enact
3. at any time before the initiative is held, the
sanggunian adopts in toto the proposition presented
and the local chief executive approves the same, the
initiative shall be cancelled. However, those against
such action may apply for initiative.
The Sangguniang Barangay may form brigades

and create such other positions or offices as may be
deemed necessary to carry out the purposes of the
barangay government.
Punong Barangay, Sangguniang Barangay
Members and members of the Lupong
Tagapamayapa in each barangay shall be deemed as
Persons in Authority in their jurisdiction; while
other barangay officials and members who may be
designated by law or ordinance and charged with
maintenance, protection and security, and any
barangay members who comes to the aid of persons
in authority shall be deemed agents of persons in
authority.
Barangay Chairman is a public officer who may
e charged with arbitrary detention.
Barangay Chairman entitled to possess and
carry firearms within the territorial jurisdiction of
the barangay.
On the Sanggunian
Any proposition or ordinance approved through
an initiative and referendum shall not be repealed,
modified or amended by the sanggunian w/in 6
months from date of approval.
Amended, modified or repealed w/in 3 years by
a vote of all its members.
In case of barangays, the period shall be 18
months after the approval.
Local Referendum
Legal process whereby the registered voters of
the LGUs may approve, amend or reject any
ordinance enacted by the sanggunian.
The local referendum shall be held under the
control and direction of the COMELEC:
1. w/in 60 days in case of provinces
2. w/in 45 days in case of municipalities
3. w/in 30 days in case of barangays
COMELEC shall certify and proclaim the
results of the said referendum.
The Barangay Assembly

Composed of:
1. All persons who are actual residents of the
barangay for at least 6 months,
2. 15 years of age or over
3. Citizens of the Philippines
4. Duly registered in the list of barangay assembly
members
Meet at least 2x a year to hear and discuss the
semestral report to the sangguniang barangay
Authority of Courts
Nothing shall preclude the proper courts from
declaring null and void any proposition approved
pursuant for violation of the Constitution or want of
99
concerning its activities and finances and problems

affecting the barangay.
- 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.
Katarungang Pambarangay
Lupong Tagapamayapa
Punong barangay as chairman
10 to 20 members
Constituted every 3 years
Katipunan ng Kabataan
Shall be composed of:
1. all citizens of the Philippines actually residing
in the barangay for at least 6 months
2. who are 15 but not more than 21 years of age
3. duly registered in the list of the sangguniang
kabataan or in the official barangay list in the
custody of the barangay secretary.
It shall meet once every 3 month, or at the call
of the sangguniang kabataan chairman, or upon
written petition of at least 1/20 of its members.
Powers of the Lupon

1. Exercise administrative supervision over the
conciliation panels
2. Meet regularly once a month to provide a forum
for exchange of ideas among its members and the
public of matters relevant to the amicable settlement
of disputes, and to enable various conciliation panel
members to share with one another their
observations and experiences in effecting speedy
resolution of disputes
3. Exercise such other powers and perform such
other duties and functions as may be prescribed by
law or ordinance
Pederasyon ng mga Sangguniang Kabataan

There shall be an organization of all the
prederasyn ng mga sangguniang kabataan:
1. in municipalities pambayang pederasyon
2. in cities panlungsod ng pederasyon
3. in provinces panlalawigang pederasyon
4. special metropolitan political subdivision
pangmetropolitang pederasyon
5. on national level pambansang pederasyon
Pangkat ng Tagapagkasundo
Conciliation
panel
or
Pangkat
ng
Tagapagkasundo shall be constituted for each
dispute brought before the lupon.
Consists of 3 members
Chosen by the parties to the dispute
From list of members of the lupon
Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman
1.
2.
3.
4.
Leagues of Local Government Units/Officials

- Liga ng mga Barangay
Organization of all the barangays for the
primary purpose of determining the representation
of the Liga in the sanggunians
And
for
ventilating,
articulating
and
crystallizing issues affecting barangay government
administration and securing, through proper and
legal means, solutions.
Liga is empowered to create such other
positions as may be deemed necessary.
Subject Matter of Amicable Settlement

procedure
conciliation
arbitration
effects of settlement and arbitration award
League of Municipalities
Organized for the primary purpose of
ventilating, articulating and crystallizing issues
affecting municipal government administration, and
securing through proper and legal means, solutions.
Sangguniang Kabataan
- Creation: There shall be in every barangay a
Sangguniang Kabataan
1. a Chairman
2. 7 Members
3. a secretary
4. a treasurer
XII. ELECTION CONTESTS

Jurisdiction over Election Contests
100
1.
2.
3.
4.
5.
6.
Original and Exclusive

President/VP
Senator
Representative
Regional/Provincial/City
Municipal
Barangay
Actions which may be Filed

1. Election Protest
2. Quo Warranto
SC
Senate ET
HRET
COMELEC
RTC
MTC/MeTC
Election Protest
Requisites:
1. filed by any candidate who has filed a certificate
of candidacy and has been vote upon for the same
office.
2. on grounds of fraud, terrorism, irregularities or
illegal acts committed before, during or after casting
and counting of votes
rights of contending parties must yield to the far
greater interest of the citizens in upholding the
sanctity of the ballot.
COMELEC cannot simply close its eyes to the
illegality of the ballots, even if the protestant
omitted to raise the ground in his protest.
Handwriting even without the use of experts;
being an internal matter.
Order regarding the revision of ballots is an
interlocutory order requires a party to perform
certain acts leading to the final adjudication of the
case.
General Rule: The filing of an election protest
or quo warranto precludes the subsequent filing of a
pre-proclamation controversy or amounts to an
abandonment of one earlier filed, depriving the
COMELEC of the authority to inquire into and pass
upon the title of the protestee or the validity of the
proclamation.
o Exceptions:
1. Board of Canvassers was improperly
constituted.
2. Quo Warranto is not the proper remedy.
3. What was filed was not really a petition for quo
warranto or an election protest but a petition to
annul a proclamation
4. filing of an election contest was expressly made
without prejudice to the pre-proclamation
controversy or was made in ad cautelam
5. proclamation was null and void (in which case
the pre-proclamation case is not rendered moot)
general denial does not amount to an admission
of the material allegations in the protest.
Appellate
Decision of RTC/MTC/MeTC = exclusively to
COMELEC, whose decision shall be final,
executory and unappealable.
Election Contests for Municipal Offices:
o Filed with RTC shall be decided expeditiously.
o Decision may be appealed to COMELEC w/in 5
days from promulgation or receipt of copy by the
aggrieved party.
o COMELEC shall decide appeal within 60 days
after it is submitted for decision, but not later than 6
months after the filing of the appeal, which decision
shall be final, executory and unappealable.
o MR is a prohibited pleading.
o COMELEC cannot deprive RTC of its
competence to order EXECUTION of its decision
PENDING APPEAL, being a judicial prerogative
and there being no law disauthorizing the same.
o In the exercise of its exclusive appellate
jurisdiction, COMELEC has the power to issue
writs of prohibition, mandamus or certiorari.
In the absence of any express provision, RTC, a
court of general jurisdiction, has jurisdiction over
controversies involving election of members of the
Sangguniang Kabataan.
Decision in appealed cases involving elective
municipal and barangay officials raised to SC via
SCA for certiorari on the ground that COMELECs
factual finding is marred by grave abuse of
discretion.
Review of a decision of the Electoral Tribunal is
possible only in the exercise of supervisory or
extraordinary jurisdiction, and only upon showing
that the Tribunals error results from whimsical,
capricious, unwarranted, arbitrary or despotic
exercise of power.
Purposes of election contests cognizable by
Electoral Tribunal HRET rules of procedure
prevail over provisions of the Omnibus Election
Code
101
Failure to commence the revision of ballots in

the counter-protested precincts is deemed a waiver
of his counter-protest.
Omissions are merely administrative lapses,
error to nullify election results in the absence of
clear showing of fraud.
3. w/in 10 days from proclamation of the results of
the election
period for filing election protest is suspended
while pre-proclamation case is pending.
After 5 days from Proclamation files appeal
in pre-proclamation case only 5 days left to file
election protest.
COMELEC may not entertain a counter-protest
filed beyond the reglementary period to file the
same
Petition or protest contesting the election of a
barangay official should be decided by the
MTC/MeTC w/in 15 dyas from filing.
Distinction between Quo Warranto in elective and

appointive office
1. Elective Office
- Issue is the eligibility of the officer-elect
- Court/tribunal cannot declare protestant or the
candidate who obtained the 2nd highest number of
votes as having been elected.
There must be a final judgment of
disqualification before the election in order that the
votes of the disqualified candidate can be
considered stray.
In voting for a candidate who has not been
disqualified by final judgment during election day,
the people voted for him bona fide, without any
intention to misapply their franchise and in the
honest belief that the candidate was then qualified
to be the person to whom they would entrust the
exercise of the power s of government.
2. Appointive Office
- Issue is the legality of the appointment
- The court determined who of the parties has
legal title to the office
Payment of Docket Fees

o Pay docket fee of )300
o Additional docket fees for damages
o Failure to pay, protest should be dismissed

TC may grant a motion for execution pending
appeal, because the mere filing of an appeal does
not divest the trial court of its jurisdiction.
Since it had jurisdiction to act on the motion at
the time it was filed, that jurisdiction continued
until the matter was resolved, and was not lost by
the subsequent action of the opposing party.
Rationale: to give as much recognition to the
worth of the trial judges decision as that which is
initially ascribed by law to the proclamation of the
Board of Canvassers,
To prevent the grab the proclamation, prolong
the protest techniques.
Factors:
o Public interest involved or will of the electorate
o Shortness of the remaining portion of the term
o Length of time that the election contest has been
pending
Reasons allowing for immediate execution must
be of such urgency as to outweigh the injury or
damage of the losing party should such party secure
a reversal of judgment on appeal.
Filed before expiration of the period for appeal.
Requirement for Certificate of Absence of

Forum Shopping
Death of Protestant
o Does not extinguish election protest.
o Imbued with public interest involves not only
adjudication of the private interest of the rival
candidates but also the paramount need of
dispelling once and for all the uncertainty that
beclouds the real choice of the electorate with
respect to who shall discharge the prerogatives of
the office.
o If persons not real parties in interest in the
action could be allowed to intervene, proceedings
will be unnecessarily complicated, expensive and
interminable.
Quo Warranto
Requisites:
1. filed by any registered voter in the constituency
2. grounds of ineligibility or disloyalty to the
Republic
3. w/in 10 days from proclamation
102
o Distribution of yosi (People vs. Ferrer)

2. Wagering upon the result of the elections
o Bet or wager forfeited to Government
3. Threats, intimidation, terrorism, use of
fraudulent device or other forms of coercion
4. Appointment of new employee
o Exception:
a. In case of urgent need
b. w/ notice given to COMELEC
c. w/in 3 days from appointment
o Includes creation of new positions, promotion or
granting of salary increase.
5. Carrying of deadly weapon within a radius of
100 meters from precint
o Not necessary that deadly weapon be seized
from the accused.
6. Transfer
or
detail
of
government
official/employee without COMELEC approval
o Exception: not penalized, if done to promote
efficiency.
o To prove violation:
a. Fact of transfer or detail within the election
period as fixed by the COMELEC
b. Transfer or detail was made without prior
approval of the COMELEC
Award of Damages
Actual and compensatory damages may be
awarded in election contests and quo warranto
proceedings
Intent of the legislators to do away with the
provisions indemnifying the victorious party for
expenses incurred in the election contest, in the
absence of a wrongful act or omission clearly
attributable to the losing party.
Question for damages remain ripe for
adjudication notwithstanding that the appeal from a
decision of the election case has already been moot
Contest
Involving title or claim of title to an elective
office, made before or after proclamation of the
winner, whether or not the contestant is claiming the
office in dispute.
Election, Returns and Qualifications
Collectively, all matters affecting the validity of
the contestees title to the position
Election
Conduct of the polls
Includes
1. listing of votes
2. holding of election campaign
3. casting of votes
4. counting of votes
Good Faith is not a defense

o Generally, mala prohibita
o Proof of criminal intent is not necessary
o Good faith, ignorance, or lack of malice is not a
defense
Returns
Includes:
1. canvass of returns
2. proclamation of winners
3. questions concerning composition of Board of
Canvassers
4. authenticity of elections returns
Jurisdiction over Election Offenses

Investigation and prosecution COMELEC has
exclusive jurisdiction.
May validly delegate to Provincial Prosecutor.
It is not the duty of the COMELEC to gather
proof in support of a complaint.
Trial and Decision RTC has exclusive
jurisdiction to try and decide any criminal actions or
proceedings for violation of election laws.
The MTC and MeTC, by way of exception,
exercises jurisdiction only over offenses relating to
failure to register or to vote.
Qualifications
may be raised in quo-warranto proceeding
against proclaimed winner
XIII. ELECTION OFFENSES
Prohibited Acts
1. Vote-buying and vote-selling
Preferential Disposition of Election Offenses

103
Investigation and prosecution of election

offenses shall be given priority by COMELEC.
Investigating officer shall resolve the case w/in
5 days from submission.
Courts shall give preference to election offenses
over all other cases.
o Exception: writ of HC
Cases shall be decided w/in 30 days from
submission.
2. legislative enactment
3. authority of law
- Criterion
primarily regulatory
on its rule-making authority it is administrative
when it does not have discretion to determine what
the law shall be but merely prescribes details for the
enforcement of the law.
- Types
1. offering some gratuity, grant or special privilege
2. carry on certain of the actual business of the
government
3. performing some business service for the public
4. regulate business affected with public interest
5. regulate private business and individuals,
pursuant to police power
6. adjust individual controversies because of
strong social policy involved
7. make the government a private party
Prescription for election offenses

o 5 years from date of commission
GENERAL PRINCIPLES
Administrative Law - Branch of public law which:
Fixes the organization
Determines the competence of administrative
authorities
Indicates to the individual remedies for the
violation of his rights.
II. POWER OF ADMINSITRATIVE BODIES

Powers of Administrative Bodies
1. Quasi-legislative or rule-making power
2. Quasi-judicial or adjudicatory
3. Determinative
Kinds
1. Statutes
2. Rules, regulations or orders
3. Determinations, decisions and orders
4. Body of doctrines and decisions
Quasi-Legislative Power
Exercise of delegated legislative power
Involves no discretion as to what the law shall
be
Fix the details in the execution or enforcement
of a policy
Rules and regulations issued by administrative
authorities pursuant to powers delegated to them
have the force and effect of law
o They are binding on all persons subject to them
o Courts will take judicial notice
Letters of Instructions and Eos are presidential
issuances; one may repeal or alter, modify or amend
the other, depending on which comes later.
The function of promulgating rules and
regulations may be legitimately exercised only for
the purpose of carrying out the provisions of the law
into effect.
Administrative regulations cannot extend the
law or amend a legislative enactment.
Administration
1. as a Function the execution, in non-judicial
matters, of the law or will of the State as expressed
by competent authority
2. as an Organization group or aggregate of
persons in whose hand the reins of government are
for the time being.
Kinds
1. Internal legal side of public administration
2. External deals with problems of government
regulation
Administrative Bodies or Agencies
- Organ of government which affects the rights of
private parties either through adjudication or rulemaking.
- Creation
1. constitutional provision
104
Administrative regulations must be in harmony

with the provisions of law. It must not override, but
must remain consistent with the law they seek to
apply and implement.
Administrative agency has no discretion
whether or not to implement a law. Its duty is to
enforce the law.
Administrative order is an ordinance issued by
the President which relates to specific aspects in the
administrative operation of Government.
1. law itself must declare as punishable the

violation of the administrative rule or regulation
2. law should define or fix the penalty for the
violation of the administrative rule or regulation
Necessity for Notice and Hearing
NO constitutional requirement for a hearing:
1. promulgation of a general regulation
2. rule is procedural
3. merely legal opinions
4. substantive rules where the class to be affected
is large and the questions to be resolved involve the
use of discretion committed to the rule-making
body
Hearing Requirement:
1. subordinate legislation, designed to implement a
law by providing details
2. substantially adds to or increase the burden of
those concerned
3. exercise of quasi-legislative authority
Kinds of Administrative Rules or Regulations

1. Supplementary or Detailed Legislation
Fix the details in the execution and enforcement
of a policy set out in the law.
2. Interpretative Legislation
Construe or interpret the provisions of a statute
to be enforced
Binding on all concerned until they are changed
Effect of law and are entitled to respect
Have in their favor presumption of legality
Erroneous application of the law by public
officers does not bar subsequent correct application
of the law
3. Contingent Legislation
Made on the existence of certain facts or things
upon which the enforcement of law depends.
Function of Prescribing Rates by an Administrative

Agency may either be:
Legislative Function: prior notice and hearing is
not a requirement
Where the rules and rates are meant to apply to
ALL enterprises of a given kind throughout the
country, they may partake of a legislative character
Adjudicative Function: prior notice and hearing
are essential to the validity
Where the rules and rates are meant to apply
exclusively to a particular party, then its function is
quasi-judicial in character
Requisites for Validity

1. Issued under authority of law
2. Within the scope and purview of the law
3. Reasonable
4. Publication in the OG or in a newspaper of
general circulation
Interpretative rules and regulations/mere
internal in nature/ letters of instructions concerning
the rules and guidelines to be followed by their
subordinates in the performance of their duties may
simply be POSTED in CONSPICUOUS PLACES
in the AGENCY.
DOLE Department Order and POEA
Memorandum Circulars proper publication +
filing in the Office of the National Administrative
Register (Article 5 of LC)
Administrative Rules
(additional requisites)
with
Penal
Where hearing is indispensable, it does not

preclude the Board from ordering, ex-parte, a
provisional increase subject to its final disposition
of whether or not to make it permanent, to reduce or
increase it further or to deny the application.
(Maceda vs. Energy Regulatory Board)
Determinative Powers
1. Directing
Power of assessment of BIR and Customs
2. Enabling
Permit or to allow something which the law
undertakes to regulate
3. Dispensing
Sanctions
105
To exempt from a general prohibition OR

Relieve individual or corporation from an
affirmative duty
4. Examining
Investigatory power
1. production of books, papers, etc.
2. attendance of witnesses
3. compelling their testimony
Power to compel attendance of witnesses not
inherent in administrative body
But an administrative officer authorized to take
testimony or evidence is deemed authorized to
administer oath, summon witnesses, require
production of documents, etc.
Power to punish contempt must be expressly
granted to the administrative body; when granted,
may be exercised only when administrative body is
actually performing quasi-judicial functions
5. Summary
Power to apply compulsion or force against
persons or property to effectuate a legal purpose
without a judicial warrant to authorize such action
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 process as long as the parties are given the
opportunity to be heard.
- Administrative due process:
1. opportunity to be heard
2. opportunity to seek reconsideration
3. opportunity to explain ones side
- Substantial evidence: such relevant evidence as
a reasonable mind might accept as adequate to
support a conclusion which is the quantum of proof
necessary to prove a change in an administrative
case
- To be heard does not mean only verbal
agreements in court, one may also be heard through
pleadings.
Quasi-Judicial or Adjudicatory Powers

- Proceedings partake of the character of judicial
proceedings
- Administrative due process
1. right to hearing
2. tribunal must consider evidence presented
3. decision must have something to support itself
4. evidence must be substantial
5. decision must be based on the evidence adduced
at the hearing or at least contained in the record and
disclosed to the parties
6. 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
7. 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
Administrative Determinations where Notice and

Hearing are NOT necessary for due process
106
1. grant of provisional authority for increased rates

or to engage in a particular line of business
2. summary proceedings of distraint and levy upon
the property of a delinquent taxpayer
3. cancellation of passport, no abuse of discretion
4. summary abatement of a nuisance per se which
affects the immediate safety of persons/property
5. preventive
suspension
of
a
public
officer/employee
pending
investigation
of
administrative charges
Conclusive upon the rights of the affected

parties as though the same had been rendered by a
court of general jurisdiction.
Forbids the reopening of a matter once
determined by competent authority acting within
their exclusive jurisdiction.
Applies to adversary administrative proceeding
Does NOT apply in administrative adjudication
relative to citizenship
Exception: Zita Ngo Burca vs. Republic
1. question of citizenship is resolved by a court or
an administrative body as a material issue in the
controversy after a full-blown hearing
2. active participation of the SolGen
3. finding made by the administrative body on the
citizenship issue is affirmed by the SC
Right Against Self-Incrimination

Administrative charge of unexplained wealth
which may result in forfeiture of the property
Medical practitioner where proceeding could
possibly result in the loss of his privilege to practice
medicine
Right may be invoked at the time he is called as
a witness
If he voluntarily takes the witness stand, he can
be cross-examined, but he may still invoke the right
at the time the question which calls for an answer
which incriminates him of an offense other than that
which is charged is asked.
- LLDA: regulatory and quasi-judicial power in

respect to pollution cases and matters affecting the
construction of illegal fishpens, fish cages and other
aqua-structures in Laguna de Bay; may issue cease
and desist orders
- DECS Regional Director: return to work order;
administrative charges; constitute an investigating
panel
- Housing and Land Use Regulatory Board
(HLURB): unsound real estate business practices
- Department of Energy: electric power
- Home Insurance Guarantee Corporation(HIGC):
disputes involving homeowners association
Power to Punish Contempt is Inherently Judicial

1. conferred by law and
2. administrative body is engaged in performance
of its quasi-judicial powers
Administrative Decisions not Part of the Legal
System
no vested right
could not place government in estoppel
III. EXHAUSTION OF ADMINISTRATIVE

REMEDIES
Doctrine
- 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.
Administrative Appeal and Review

1. higher or superior administrative body
2. President/ Department Secretaries by virtue of
the power of Control
3. appellate administrative agency
Reasons
1. if relief is first sought from a superior
administrative agency, resort to courts may be
unnecessary
2. administrative agency should be given a chance
to correct its error
3. principles of comity and convenience
4. judicial review of administrative decisions is
usually made through special civil actins, which
Doctrine of res judicata

Decisions and orders of administrative agencies
have upon their finality, the force and effect of a
final judgment within the purview of the doctrine of
res judicata.
107
will not normally prosper if there is another plain,

speedy and adequate remedy in the ordinary course
of law
1. Doctrine of Qualified Political Agency (alter

ego doctrine)
2. Administrative remedy is fruitless
3. Estoppel on the part of the Administrative
Agency
4. Issue involved is purely a legal question
5. Administrative action is patently illegal
6. Unreasonable delay or official inaction
7. Irreparable injury or threat, unless judicial
recourse is immediately made
8. Land cases, where subject matter is private land
9. Law does not make exhaustion a condition
precedent to judicial recourse
10. Observance of the doctrine will result in the
nullification of the claim
11. Special reasons or circumstances demanding
immediate court action
12. Due process of law is clearly violated
13. Rules does not provide a plain, speedy and
adequate remedy
Only decision of administrative agencies made

in the exercise of QUASI-JUDICIAL and
ADJUDICATORY POWERS are subject to the rule
on exhaustion.
Constitutionality/validity of a rule or regulation
in the performance of quasi-legislative function
regular courts have jurisdiction
Corollary Principle
1. Doctrine of Prior Resort/ Doctrine of Primary
Administrative Jurisdiction
No Where there is competence or jurisdiction
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.
Conversion of subdivision lots HLURB
Enforcement of forestry laws DENR
Issuing license to radio stations NTC
Disputes arising from construction contracts
Construction Industry Arbitrary Commission
Agricultural lands under the coverage of CARP
DAR
Effluents of a particular industrial establishment
Pollution Adjudication Board
IV.
JUDICIAL
REVIEW
ADMINISTRATIVE DECISIONS
OF
Rule
Judicial review may be granted or withheld as
Congress chooses
Except: when Constitution requires or allows it
Judicial review of administrative decisions
cannot be denied the courts when there is an
allegation of grave abuse of discretion.
2. 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.
A party aggrieved must not only initiate the
prescribed administrative proceeding, but must
pursue it to its appropriate conclusion before
seeking judicial intervention.
Bases for Judicial Review

Unless otherwise provided by this Constitution
or by law
Any decision, order or ruling of each
Commission may be brought to the SC on certiorari
w/in 30 days from receipt of a copy
General Principles
underlying power in the Courts to scrutinize the
acts of administrative agencies on questions of law
and jurisdiction although no right of review is given
by statute.
Keep administrative agencies within its
jurisdiction.
Protect substantial rights of parties affected by
the decisions.
Effect of Failure to Exhaust Administrative

Remedies
- Jurisdiction of court is NOT affected
- Complainant is deprived of a CAUSE OF
ACTION which is a ground for MTD
- If no MTD is filed, deemed a waiver
Exceptions
108
Part of system of checks and balances which

restricts the separation of power and forestalls
arbitrary and unjust adjudication.
2. Question of Fact
Factual findings of administrative agencies are
generally conclusive upon the courts if supported by
substantial evidence, EXCEPT
1. expressly allowed by statute
2. fraud, imposition or mistake other than error of
judgment
3. error in appreciation of the pleadings and in the
interpretation of the documentary evidence
presented by the parties
3. Mixed Question of Law and Fact (Brandeis
Doctrine of Assimilation of Facts)
What purports to be a finding upon a question of
fact is so involved with and dependent upon a
question of law as to be in substance and effect a
decision on the latter, the Court will, in order to
decide the legal question, examine the entire record
including the evidence.
Methods of Obtaining Judicial Review

1. Statutory or Non-Statutory
Statutory available pursuant to statutory
provision
Non-statutory no express statute granting
review, relief is obtained by means of:
1. common law remedies
2. prerogative writs of certiorari
3. mandamus
4. HC
5. prohibition
6. quo warranto
if statutory methods for judicial review are
available, they are ordinarily exclusive and the use
of non-statutory methods will not likely be
permitted.
2. Direct or Collateral
Direct attempt to question in subsequent
proceedings the administrative action for lack of
jurisdiction, grave abuse of discretion, etc. (attack
on citizenship of an individual)
Collateral relief from administrative action
sought in a proceeding the primary purpose of
which is some relief other than the setting aside of
the judgment, although an attack on the judgment
may be incidentally involved.
Guidelines for the exercise of the power

Findings of fact are respected as long as they are
supported by substantial evidence, even if not
overwhelming or preponderant.
Findings of administrative officials and agencies
who have acquired expertise are generally accorded
not only respect but at all times even finality.
Principle that factual findings of administrative
bodies are binding upon the Court may be sustained
only when no issue of credibility is raised.
It is not for the reviewing court to weigh the
conflicting evidence, determine credibility of
witnesses or otherwise substitute its judgment for
that of the administrative agency on the sufficiency
of evidence.
Administrative decision in matters with the
executive jurisdiction can only be set aside on proof
of
1. grave abuse of discretion
2. fraud
3. collusion
4. error of law
Courts will not generally interfere with purely
administrative matters unless there is clear showing
of arbitrary, capricious or grave abuse of discretion
amounting to lack of jurisdiction.
What Court has Jurisdiction

CA have appellate jurisdiction over judgments
or final orders of the CTA and from awards,
judgments, final orders or resolutions of or
authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions.
Administrative bodies, co-equal with RTC on
terms of rank and stature and beyond the control of
the latter.
Doctrine of Non-Interference by TCs with coequal administrative bodies is intended to ensure
judicial stability.
Reviewed by RTC Bureau of Immigration,
Court martial, LLDA
Judicial Review is not trial de novo
Questions which may be subject of judicial review

1. Question of Law
109
It is merely an ascertainment of whether the

findings of the administrative agency are consistent
with law, free from fraud or imposition and
supported by evidence.
services, receiving compensation, even nominal

from the government.
PB 807. Career and Non-career services
(formerly, classified, unclassified or exempt)
Distinguished from Clerk or Employee
- Officer, duties not being of clerical or manual
nature, involves the exercise of discretion in the
performance of the functions of government.
- Includes any government employee, agent or
body having authority to do the act or exercise that
function.
I. GENERAL PRINCIPLES
Public Office
- Right, authority, duty, created and conferred by
law, by which for a given period, either fixed by law
or enduring at the pleasure of the creating power, an
individual is invested with some sovereign power of
government to be exercised by him for the benefit
of the people.
- Elements:
1. created by law or by authority of law
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 by the legislature or by legislative authority
4. duties must be performed independently and
without control of the superior power UNLESS they
be those of an inferior or subordinate officer created
or authorized by the legislature and placed under the
general control of a superior officer or body
5. permanence or continuity
- Creation:
1. Constitution
2. statutory enactment
3. authority of law
Main characteristic that distinguishes a Public

Officer creation and conferring of an office
involves a delegation to the individual of some of
the sovereign functions of government, to be
exercised by him for the benefit of the public.
II. ELIGIBILITY AND QUALIFICATIONS
Qualifications
2 Different Senses:
1. endowments, qualities, attributes which make an
individual eligible for public office
must possess at the time of the appointment/election
and continuously for as long as the official
relationship exists
2. act of entering into the performance of the
functions of public office
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 will be a ground for termination.
Failure of an officer to perform an act required
by law could affect the officers title to the given
office.
Prolonged failure or refusal to take the oath of
office could result in forfeiture of the office.
BP 881 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 failure is for a cause/s beyond his
control.
Oath of office is a qualifying requirement for
public office.
Public Officer
- a person who holds office
- Public Officer, as understood under criminal law
Article 203. any person who, by direct provision
of law, popular election or appointment by
competent authority shall take part in the
performance of public functions in the Government;
or shall perform in said Government public duties
as am employee, agent, or subordinate official of
any rank or class, shall be deemed to be a public
officer.
RA 3019. includes elective and appointive
officials and employees, permanent or temporary
whether in the classified, unclassified or exempt
110
Until he is qualified, the holdover officer is the

rightful occupant.
Oath of office taken before one who has no
authority to administer oath, is no oath at all.
Pendency of election protest is not sufficient
basis to enjoin him from assuming office or from
discharging his functions.
2. No Senator or Member of the HR may hold

any other office or employment in the Government
including GOCC, during his term without forfeiting
his seat. Neither shall he be appointed to any office
which may have been created or the emoluments
increased during the term for which he was elected.
3. Members of the SC and of other courts
established by law shall not be designated to any
agency performing quasi-judicial or administrative
functions.
4. No
member
of
the
Constitutional
Commission shall during his tenure, hold any other
office or employment. Applies to Ombudsman and
his deputies.
5. Ombudsman and his deputies shall not be
qualified to run for office in the election
immediately succeeding their cessation.
6. Members of the Constitutional Commission,
Ombudsman and deputies must not have been
candidates for any elective position in the election
immediately preceding their appointments.
7. Members of the Constitutional Commission,
Ombudsman and his deputies are appointed to a
term of 7 years, without reappointment.
8. 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 Commission
Office of Ombudsman
Secretaries
Undersecretaries
Chairmen/heads
Authority to Prescribe Qualifications

Qualification prescribed by Constitution
generally exclusive unless Constitution provides
otherwise
Public officers created by statute Congress
has plenary powers to prescribe qualifications,
provided:
1. germane to the objectives for which the office
was created
2. qualifications are not too specific as to fit a
particular identifiable person that would deprive
appointing authority of discretion in the selection of
the appointee
Disqualifications
Authority
Legislature has the right to prescribe
disqualifications in the same manner as it can
prescribe qualifications.
Limitation: do not violate the Constitution
Disqualification may be because of unfitness for
public office or because the person is rendered
ineligible for the office.
General Disqualifications under the Constitution
1. No candidate who lost in an election, shall,
within 1 year after such election, be appointed to
any office in the Government.
2. No elective official shall be eligible for
appointment or designation in any capacity to any
public office or position during his tenure.
3. No appointive official shall hold any other
position in the Government, unless otherwise
allowed by law or the primary functions of his
office.
*ex-officio capacity
Specific Disqualification under the Constitution
1. President, VP, Cabinet Members and their
deputies and assistants shall not hold any other
office or employment during their tenure, UNLESS
otherwise provided in the Constitution.
III. DE FACTO OFFICERS

- Reputation of being an officer and yet is not a
good officer in point of law.
- Acted as an officer for such length of time under
color of title and under such circumstances of
reputation or acquiescence by the public and public
authorities as to afford a presumption of
election/appointment and induce people to submit to
or invoke his action.
Legal Effect
- Those that affect the public are valid, binding
and with full legal effect.
- For the protection of the public.
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Elements
1. validly existing public office
2. actual physical possession of said office
3. color of title to the office
a. by reputation/acquiescence
b. known and valid appointment/election but
officer failed to conform to a requirement imposed
by law
c. known appointment or election, void (though
unknown to public) because:
i. ineligibility of officer
ii. want of authority of appointing/electing
authority
iii. irregularity in appointment/election
d. known appointment/election pursuant to
unconstitutional law, before law was declared
unconstitutional.
Classification
1) Permanent
- Extended to person possessing the requisite
qualifications
2) Temporary
- Acting appointment
- May not possess the requisite qualifications for
eligibility
- Revocable at will, without necessity of just
cause or a valid investigation
- Acquisition of the appropriate civil service
eligibility by a temporary appointee will not ipso
facto convert the temporary appointment into a
permanent one; new appointment is necessary
- Appointment to a position in the Career Service
of the Civil Service does not necessarily mean that
the appointment is a permanent one depend on
the nature of the appointment which in turn depends
on the appointees eligibility or lack of it.
- Acceptance by petitioner of a temporary
appointment resulted in the termination of official
relationship with his former permanent position.
- Temporary appointment shall not exceed 12
months.
- Mere designation does not confer security of
tenure person designated occupies the position
only in an acting capacity.
- Appointment is subject to conditions,
appointment is not permanent.
- Appointee cannot claim a complete appointment
as long as the re-evaluation incidental to the reorganization is still pending.
- unless terminated sooner even if coterminous with the project, it is nevertheless subject
to the appointing authority.
- Where temporary appointment is for a FIXED
period, appointment may be revoked only at the
expiration of the period OR if before, it must be for
a valid and just cause.
3) Regular
- One made by the President while Congress is in
session after the nomination is confirmed by the
Commission on Appointments and continues until
the end of the term.
Entitlement of Salaries
- GR: rightful incumbent of a public office may
recover from an officer de facto the salary received
by the latter during the time of his wrongful tenure,
even though he entered into the office in good faith
and under color of title.
- Where there is NO DE JURE officer, the officer
de facto who in good faith has had possession of the
office and has discharged the duties is legally
entitled to emoluments.
- Principle of public policy on which de facto
doctrine is based.
IV. COMMENCEMENT
RELATIONS
OF
OFFICIAL
Official relations are commenced:

1) Appointment
2) Election
Appointment
- selection by the authority vested with the power,
of an individual who is to perform the functions of a
given office.
Commission
- written evidence of appointment
Designation
- imposition of additional duties
4) Ad-interim
112
- Made while Congress is not in session, before

confirmation by the Commission on Appointments,
is immediately effective
- Ceases to be valid if disapproved or bypassed by
COA upon next adjournment of Congress
- Permanent appointment
- That it is subject to confirmation, does not alter
its permanent character.
eligibility; if he does, appointment must be

approved; of not, it is disapproved.
- Appointment is complete when the last act
required of the appointing power is performed; until
the process is completed, appointee can claim no
vested right in the officer nor claim security of
tenure.
- Appointment to be valid, position must be
vacant.
- Regular and Ad-interim Classification may be

used only when referring to the following:
1) Heads of Executive Department;
2) Ambassadors and other Publi Ministers and
Consuls
3) Officers of the AFP, from rank of colonel or
naval captain
4) Officers whose appointments are vested in the
President under the Constitution.
Discretion of Appointing Authority

Discretionary power and must be performed by
the officer in whom it is vested.
Only condition, appointee must possess the
minimum qualifications requirements prescribed by
law.
Appointing authority is in the best position to
determine who among the prospective appointees
can effectively discharge the functions of the
position.
Final choice of appointing authority should be
respected and left undisturbed.
Commission may not and should not substitute
its judgment for that of the appointing authority.
Civil Service Law grants career service officers
preference in promotion under the next-in-rank
rule, it is not mandatory, appointing authority
should be allowed the choice of men of his
confidence provided they are qualified and eligible.
Provincial, city prosecutor and their assistants
appointed by President upon recommendation of
Secretary of Justice (mere advise).
Discretion of appointing authority choice of
the person WHO is to be appointed, NATURE and
CHARACTER of appointment.
Steps in Appointing Process

For REGULAR Appointments
1) Nomination by President
2) Confirmation by COA
3) Issuance of the Commission
4) Acceptance by the appointee
1)
2)
3)
4)
AD-INTERIM Appointment
Nomination by President
Issuance of the Commission
Acceptance by the appointee
Confirmation by COA
DO NOT require Confirmation

1) Appointment by Appointing Authority
2) Issuance of the Commission
3) Acceptance by the Appointee
Judicial Review of Appointments

Appointment generally a political question; as
long as appointee possess minimum qualifications
as prescribed by law for the position.
Action for usurpation of office Who claims a
valid title to the office.
- A person cannot be compelled to accept an

appointment EXCEPT when the appointment is
made to an office required in defense of the State/
- Where appointment is to the CAREER
SERVICE of the CIVIL SERVICE, attestation by
the Civil Service Commission is required.
Otherwise, not deemed complete. Appointment not
submitted to the CSC w/in 30 days from the
issuance (date appearing on the face of the
appointment) shall be ineffective.
- CSC is authorized to check of the appointee
possesses the qualifications and appropriate
Jurisdiction of the Civil Service Commission

Disciplinary cases
Cases involving personnel action
Employment status and qualification standard
113
Recall an appointment initially approved when

issued with disregard to Civil Service Laws, rules
and regulations
Approving and reviewing appointments to
determine their compliance with the Civil Service
Law
On its own, does not have the authority to
terminate employment or drop members from the
roll
3. Non-Career Service
a. Description
- Entrance on bases other than those of the usual
tests utilized for the career service
- Tenure
5) limited to a period specified by law or
6) which is co-terminous with that of the
appointing authority or
7) subject of his pleasure or
8) which is limited to the duration of a particular
project for which purpose the employment was
made.
b. Includes:
1) Elective officials, personal and confidential staff
2) Department Heads and officials of Cabinet rank
who holds office at the pleasure of the President,
personal and confidential staff
3) Chairmen and members of commissions/boards
w/ fixed terms of office, personal and confidential
staff
4) Contractual personnel/ those whose employment
in government is in accordance with a special
contract to undertake a specific work or job
requiring special or technical skills not available in
employing agency, to be accomplished within a
period not exceeding 1 year, under his own
responsibility, with minimum direction and
supervision
5) Emergency and seasonal personnel
Appointments to the Civil Service

Scope:
ALL
branches,
subdivision,
instrumentalities and agencies of the Government,
including GOCC with original charter.
Classes of Service
1. Career Service
c. Description
- Entrance based on merit and fitness, as far as
practicable by competitive examinations
- Or based on highly and technical qualifications
- Opportunity for advancement to higher career
positions
d. Includes:
1) Open Career Service
- Prior qualification
in an appropriate
examination is required
2) Closed Career Service
- Scientific or highly technical
3) Career Executive Service
- Undersecretaries, bureau directors, etc.
4) Positions in the Armed Forces of the Philippines
- Governed by a different merit system
5) Career Officers
- Other than those belonging to Career Executive
Service, appointed by President, e.g. foreign service
6) Personnel of GOCC w/ original charters
7) Permanent laborers (skilled, semi-skilled or
unskilled)
Career Executive Service
2 requirements to attain security of tenure
i.
Career executive service eligibility
ii.
Appointment to the appropriate career executive
service rank
Security of tenure pertains only to rank and not
to the office or position
- Under Administrative Code, the CSC is

expressly empowered to declare positions in the CS
as primarily confidential.
- Enumeration in the Civil Service decree, which
defined the non-career service is not an exclusive
list. Commission can supplement this list.
- Coterminous status may be classified as:
o co-terminous with project duration of
particular project for which employment was made.
o co-terminous with appointing authority tenure
of appointing authority or at his pleasure
o co-terminous with incumbent co-existent with
appointee, such that after the latters resignation,
separation or termination of the services, the
position shall be deemed automatically abolished.
o co-terminous with a specific period for a
specific period, upon expiration, position is deemed
abolished.
114
Requisites
1. made according to merit and fitness
2. competitive examination
Exceptions:
1. policy determining
2. primarily confidential or
3. highly technical
Where the position occupied is remote from that

of the appointing authority, the element of trust
between them is no longer predominant, and cannot
be classified as primarily confidential.
c. Highly technical requires possession of
technical skill in a superior degree.
Legal counsel of PNB
City Legal Officer
City Attorney
Security Council and Security Guards of the
City Vice Mayor
- In a department, appointing power is vested in

the DEPARTMENT SECRETARY, although it may
be delegated to the REGIONAL DIRECTOR,
subject to approval of the Department Secretary.
Other Personnel Action
- Principles
1) Classification of a particular position as policydetermining, primarily confidential or highly
technical amounts to no more than an executive or
legislative declaration that is not conclusive upon
the courts, the true test being the nature of the
position
2) The exemption provided pertains only to
exemption from competitive examination to
determine merit and fitness to enter the civil service
3) Exempt from competitive examination to
determine merit and fitness:
a. Policy-determining
Officer lays down principal or fundamental
guidelines or rules
E.g. department head
b. Primarily confidential
Not only confidence in the aptitude if the
appointee for the duties of the office but primarily
close intimacy which ensures freedom of
intercourse without embarrassment or freedom from
misgivings or betrayal on confidential matters of
state
NATURE of the position which determined
whether a position is primarily confidential, policydetermining or highly technical
proximity rule can be considered as
confidential employee if the predominant reason
why he was chosen by the appointing authority was
the latters belief that he can share a close intimate
relationship with the occupant which ensures
freedom of discussion without fear of
embarrassment or misgivings of possible betrayals
of personal trust or confidential matters of the State.
1)
2)
3)
4)
5)
6)
7)
Promotion
Appointment through Certification
Transfer
Reinstatement
Detail
Reassignment
Reemployment
Promotion
- Movement from one position to another with
increased duties and responsibilities as authorized
by law
- Usually accompanied by an increase in pay.
- Next-in-rank Rule
The one who is next in rank is given preferential
consideration
Does not mean that he alone can be appointed
Appointing authority is required to state the
special reasons for not appointing the officer next
in rank.
- Automatic Reversion Rule
All appointments involved in a 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. Affected persons are entitled
to payment of salaries for services rendered at a rate
fixed in their promotional appointments.
Requisites:
1. series of promotions
115
2. all
promotional
appointments
are
simultaneously submitted to the Commission for
approval
3. Commission disapproves the appointment of a
person to a higher position
2. Garcia vs. Chairman, Commission on Audit

person given pardon because he did not truly
commit the offense; the pardon relives him from all
punitive consequences of his criminal act thereby
restoring him to his clean name, good reputation
and unstained character prior to his finding of guilt.
Appointment through Certification

- Issued to a person who has been selected from a
list of qualified persons certified by the CSC from
an appropriate register of eligibles and who meets
the qualifications prescribed for the position.
Detail
- Movement of an employee from one agency to
another without the issuance of an appointment
- Allowed only for a limited period of time in the
case of employees occupying professional, technical
and scientific positions
- Temporary in nature
Transfer
- Movement from one position to another which
is of equivalent rank, level or salary without break
in service.
- May be imposed as an administrative penalty.
- Unconsented transfer violates security of tenure.
- Career Executive Service personnel can be
shifted from one office to another without violating
their right to security of tenure, because salary and
status is based on their ranks and not on the
positions to which they are assigned.
Reassignment
- Reassigned from one organizational unit to
another in the same agency
- Not involve reduction in rank, status or salary
- Management prerogative vested in the CSC, any
department or agency embraced in Civil Service
- Does not constitute removal without cause
- Should have definite date and duration.
- Lack of specific duration is tantamount to
floating assignment thus a dimunition in status or
rank.
Reinstatement
- Has been permanently appointed in the career
service and who has, through no delinquency of
misconduct, been separated may be reinstated to a
position in the same level for which he is qualified.
- Acquisition of civil service eligibility is not the
sole factor for the reappointment. Other factors
should be considered: performance, degree of
education, work experience, training, seniority and
enjoys confidence and trust of the appointing power.
- Not subject to application for a writ of
mandamus.
- Issuance of new appointment which is
discretionary
- Exercise of discretionary power cannot be
controlled by the courts, as long as properly
exercised
- Forfeited his right to public office because of
conviction of a crime, but was extended plenary
pardon CANNOT by reason of pardon demand
reinstatement as a matter of right.
- Exception:
1. Sabello vs. DECS considerations of justice
and equity
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 a list from
which selection for reemployment shall be made
- Separated not for a cause but as a result of
reorganization separation pay + retirement and
other benefits; in lieu of separation pay, may be
considered for employment (Proclamation No. 3)
V. POWERS AND DUTIES OF PUBLIC
OFFICERS
Authority of Public Officers
1. Expressly conferred upon him by the ACT
appointing him
2. Expressly ANNEXED to the office by LAW
3. Attached to the office by COMMON LAW as
incidents to it
116
4. Doctrine of Necessary Implication all powers

necessary for the effective exercise of the express
powers
SOLGEN represent government and its offices

EXCEPT criminal cases and civil cases for damages
arising from felony.
Authority can be exercised only during the term

when the public officer, is by law, invested with the
rights and duties of the office.
Prohibitions
1. Partisan political activity or taking part in any
election except to vote
Except:
1. those holding political offices
2. cabinet members
2. Additional or double compensation
3. Prohibition against loans
4. Limitation on laborers
Not assigned to clerical duties
5. Detail or reassignment
w/in 3 months before any election without
approval of COMELEC
6. Nepotism
Appointments made in favor of a relative of the
appointing or recommending authority or of the
chief of the bureau or office or of the person
exercising immediate supervision over him.
All appointments.
Relative: those related within the 3 rd civil degree
by consanguinity or affinity
Exemption:
1. confidential capacity
2. teachers
3. physicians
4. members of the Armed Forces
* full report of appointment shall be made to the
Commission
Ministerial and Discretionary Powers

1. Ministerial discharge by officer is imperative
and requires neither judgment nor discretion;
exercise of which may be compelled
2. Discretionary imposed by law upon a public
officer; officer has the right to decide how and when
the duty shall be performed; mandamus will not lie
to compel performance
Exception: when mandamus will lie:
1. GAD
2. manifest injustice
3. palpable excess of authority equivalent to a
denial of settled rights
4. no other plain, speedy or adequate remedy
writ may issue to compel the exercise of
discretion but not the discretion itself
Courts may review exercise of discretion, to
determine if there has been GAD amounting to lack
or excess of jurisdiction
Judgment judicial functions; determination of
a question of law; only one way to be right
Discretion, may decide the question either way
and still be right; limited to the evident purpose of
the act
Duties of Public Officer
Constitutional Duties
To be accountable to the people
To serve them with utmost responsibility,
loyalty and efficiency
To act with patriotism and justice
To lead modest lives
To submit a declaration under oath of his assets,
liabilities and net worth upon assumption of office
and as often as may be required
To owe the State and Constitution allegiance at
all times
VI. LIABILITY OF PUBLIC OFFICERS

General Rule on Liability
A public officer is not liable for injuries
sustained by another as a consequence of official
acts done within the scope of his official authority,
except as otherwise provided by law.
Not civilly liable for acts done in official
capacity UNLESS bad faith, malice, negligence
Liable for willful or negligent acts done by him
which are contrary to morals, law public policy and
good customs EVEN if he acted under instructions
of his superiors.
117
Local governments are not exempt from

liabilities for DEATH or INJURY to persons or
DAMAGE to property.
2. Misfeasance failure to exercise that degree of

care, skill and diligence in the performance of
official duty
3. Malfeasance doing, through ignorance,
inattention or malice of an act which he had no legal
right to perform.
Statutory Liability
Article 27, CC refuses or neglects without just
cause to perform his official duty, whereby a person
suffers moral or material loss; without prejudice to
administrative disciplinary sanction
Article 32, CC liability of public officer for
violation of constitutional rights
Article 34, CC liability of peace officer who
fails to respond or give assistance to persons in
danger of injury to life or property
w/o just cause. Neglects to perform a duty
within a period fixed by law or regulation or within
a reasonable period if none is fixed
Command Responsibility
Head of a department or a superior officer shall
not be civilly liable for the wrongful acts, omission
of duty, negligence or misfeasance of his
subordinates, UNLESS he has actually authorized
by written order the specific act or misconduct.
VII. RIGHTS OF PUBLIC OFFICERS
1. Right to Office
2. Right to Salary
3. Right to Preference in Promotion
4. Right to Vacation and Sick Leave
5. Right to Maternity Leave
6. Right to Retirement Pay
7. Right to reimbursement for expenses incurred in
due performance of duty
8. Right to be indemnified against any liability
9. Right to longevity pay
Liability on Contracts
personally entered without or exceeded his
authority
Liability for Tort
personally beyond the scope of his authority
or exceeds power conferred upon him; ultra vires or
where there is bad faith
Right to Office
Just and legal claim to exercise the powers and
the responsibilities of the public office.
Term vs. Tenure
Term: period during which the officer may
claim to hold the office as a matter of right.
Tenure: period during which the officer actually
holds office.
Right to Salary
Salary personal compensation to be paid to the
public officer for his services
Generally a fixed or periodical payment
depending on the time and not on the amount of the
services he may render.
Distinguished from wages:
Salaries are given to officers of higher degree of
employment than those given wages.
Salary is compensation per annum. Wages are
paid day by day or week by week.
Basis:
1. legal title to the office
Presidential Immunity from Suit

during tenure of the President
After his tenure, cannot invoke immunity from
suit for civil damages arising out of acts done by
him, while he was president which were not
performed in the exercise of official duties.
Not prevented from instituting suit.
Threefold Liability Rule
Wrongs acts or omissions of a public officer
may give rise to civil, criminal and administrative
liability.
Action for each can proceed independently
Dismissal of one does not foreclose action for
others. difference in quantum of evidence
Liability of Minsiterial Officers
1. Nonfeasance neglect or refusal to perform an
act which is the officers legal obligation
118
2. law attaches compensation to the office

Right of de facto officer to compensation
when there is no de jure and de facto officer, who in
good faith has possession of the office and has
discharged the duties.
Salary cannot be garnished nor subject to
attachment or order of execution before being paid
to him to answer for the payment of his debts.
Public policy also prohibits the assignment of
unearned salaries
Agreements affecting compensation are void as
contrary to public policy.
Compensation, allowances and other benefits
granted without the approval of the DBM are
unauthorized and irregular.
Constitutional provisions affecting salaries:
1. no increase in salaries of members of Congress
shall take effect until after the expiration of the full
term of the Members of the Senate and HofRep who
approved he increase.
2. Salaries of President and VP shall be fixed by
law and sjall not be decreased during their tenure.
No increase, until after expiration of the incumbent
during which increase was approved.
3. Salary of members of the Judiciary shall not be
decreased during their continuance in office;
income tax is not unconstitutional dimunition.
4. Additional, double or indirect compensation are
prohibited.
5. Standardization of compensation.
6. Separation pay to career Civil Service
employees who are separated from service not for
cause but by reason of reorganization.
4. neglect of duty
Gloria vs. Court if Appeals entitled not only
to reinstatement but also to back wages for the
period of preventive suspension pending appeal.
Because preventive suspension pending appeal
is actually PUNITIVE.
Award should not exceed equivalent of 5 years
pay at the rate last received before suspension was
imposed.
If his conviction is affirmed, the period of his
suspension becomes part of the final penalty of
suspension.
Right to back salaries of illegally dismissed
employees
Illegally dismissed government employees who
is later ordered reinstated is entitled to back wages
and other monetary benefits from the time of his
illegal dismissal up to his reinstatement.
no work, no pay not applicable
Note: Balitaosan vs. Secretary, DECS:
reinstatement was not the result of exoneration but
an ACT OF LIBERALITY of the CA, the claim for
back wages was not allowed. Thus the general rule
that a public official is not entitled to compensation
if he has not rendered any service was applied.
No right to back wages if NOT EXONERATED
and NOT UNJUSTIFIABLY SUSPENDED
Right to additional allowance and benefits
LGUs may provide additional allowances and
benefits to national government officials assigned or
stationed in their municipality or city.
Not without limitations.
Preventive Suspension and the Right to Salary

1. Preventive Suspension pending investigation
2. Preventive Suspension pending appeal
Right to Preference in Promotion

Right does not prevail over discretion of
appointing authority.
If the penalty imposed is suspension or

dismissal and after review, he is exonerated no
right to compensation during preventive suspension
even pending investigation
It is not enough that he is exonerated; it must be
shown that suspension is unjustified
Justified if charged with:
1. dishonesty
2. oppression
3. grave misconduct
Right to Vacation and Sick Leave

Sec 81, RA 7160 (LGC) Elective local
officials shall be entitled to the same leave
privileges as those enjoyed by appointive local
officials,
including
the
cumulation
and
commutation.
Entitled to commutation of all leave credits
without limitation and regardless of the period when
119
the credits were earned, provided the claimant was

in the service as of January 9, 1986.
Government employees are not required to work
on Saturdays, Sundays and holidays.
11. Death
12. Failure to Assume Elective Office w/in 6
months from proclamation
13. Conviction of a Crime
14. Filing of Certificate of Candidacy
Right to Maternity Leave
Expiration of term or tenure

Courtesy resignation during the EDSA
Revolution expiration of term; entitled to
retirement benefits
Termination presupposes an overt act committed
by a superior officer
Commencement of Term of Office
1. statute fixes a period upon qualification
2. no time is fixed by law date of
appointment/election
3. law fixing the term is ambiguous one that
fixes the term at the shortest period should be
followed
4. both duration of the term of office and the time
of its commencement/termination are fixed by
constitutional or statutory provision person
appointed or elected for vacancy shall hold the same
only for the unexpired portion
5. only the duration is fixed, no time is fixed for
beginning or end person selected to fill the
vacancy may serve the full term and not merely the
unexpired balance of the prior incumbents term
6. office is created/officer appointed for the
purpose of performing a single act or
accomplishment of a given result office
terminates and the authority ceases with the
accomplishment of the purposes which called it into
being.
Principle of Hold-Over: public officer is entitled
to hold his office until his successor shall have been
duly chosen and shall have qualified. Purpose is to
prevent hiatus in public service.
Legislative intent of not allowing hold-over
must be clearly expressed or at least implied in the
legislative enactment, otherwise, it is reasonable to
assume that the law-making body favors the same.
Article 237, RPC which penalizes public officer
who shall continue to exercise the duties and
powers of the office beyond the period provided by
law.
During this period, de jure officer
Right to Retirement Pay

Retirement laws are liberally construed in favor
of the retiree.
Money value of the terminal leave of a retiring
government official shall be computed at the
retirees highest monthly pay.
Judiciary extension if satisfied that the career
was marked by competence, integrity and
dedication to the public service.
A reserved officer who successfully rendered a
total of 10 years continuous active commissioned
military service shall not be reverted to inactive
service except for cause or upon his own request.
Covered by compulsory membership in the GSIS.
Totalization of service credits is only resorted to
when the retiree does not qualify for benefits in
either or both of the systems.
Right to reimbursement for expenses incurred in
due performance of duty
Right to be indemnified against any liability which
they may incur in the bona fide discharge of their
duties.
Right to longevity pay
VIII.
TERMINATION
RELATIONSHIP
OF
OFFICIAL
Modes of Terminating Official Relationship

1. Expiration of term or tenure
2. Reaching the age limit
3. Resignation
4. Recall
5. Removal
6. Abandonment
7. Acceptance of an Incompatible Office
8. Abolition of Office
9. Prescription of the Right to Office
10. Impeachment
120
Resignation by Sanggunian members shall be

deemed accepted upon:
1. presentation before an open session of the
sanggunian concerned
2. duly entered in its record
3. EXCEPT where sanggunian members are
subject to recall elections or to cases where existing
laws prescribe the manner of acting upon such
resignation
If the law is silent on who shall accept:
1. appointive officer resigns appointing
authority
2. elective officer resigns officer authorized by
law to call an election in order to fill the vacancy
President and VP Congress
Members of Congress respective Houses
Where the law fixes a specific sate for the end

of the term implied prohibition against hold-over
Reaching the age limit
Compulsory Retirement Age
70 for members of judiciary
65 for other government officers or employees
Special Retirement Laws: RA 1616 allows
optional retirement after an officer has rendered a
minimum number of years of government service,
when availed of by the public officer, will result in
the termination of official relationship through
reaching the age limit or retirement.
Resignation
Act of giving up or the act of a public officer by
which he declines his office and renounces the
further right to use it.
Intention to surrender, renounce, and relinquish
the office and the acceptance by competent and
lawful authority
Voluntariness when procured by fraud, may be
invalidated
Courtesy resignation lacks the element of
voluntariness and therefore is not a valid
resignation.
Need for Acceptance not complete until
accepted by competent authority
Article 238, RPC penalizes any public officer
who, before the acceptance of his resignation,
abandons his office to the detriment of the public
service.
If the public officer is mandated by law to holdover, the resignation, even if accepted, will not be
effective until after appointment/election of his
successor.
Accepting Authority RA 7160, officers
authorized to accept resignation:
1. President governor, vice-governor, mayor and
vice-mayor f highly urbanized cities and
independent component cities
2. Governor municipal mayors and vice-mayors,
city mayors and vice-mayors of component cities
3. Sanggunian sanggunian members
4. City or municipal mayor barangay officials
Resignation deemed accepted if not acted upon
w/in 15 days from receipt
Effective Date of Resignation

Date specified in the tender
No date specified public officer receives notice
of the acceptance NOT the date of the letter or
notice of acceptance
Recall
Termination of official relationship of an
elective official for loss of confidence prior to the
expiration of his term through the will of the
electorate.
By Whom: registered voters of a LGU to which
such local government official belongs
Initiation of the Recall Process: registered voters
of the LGU
Procedure for Initiating Recall
1. initiated upon petition by at least 25% of the
total number of registered voters in the LGU
2. written petition
duly
signed
before
the
election
registrar/representative
in the presence of a representative of the
petitioner
representative of the official
in a public place, in the province, city,
municipality or barangay
filed with the COMELEC through its office in
the LGU concerned
3. COMELEC shall cause the publication of the
petition
121
In a public and conspicuous place

Period not less than 10 days nor more than 20
days
Purpose of verifying the authenticity and
genuineness of the petition and required percentage
of voters
4. Lapse of the period, COMELEC or its duly
authorized representative, shall announce the
acceptance of candidates to the position and prepare
list of candidates, including the name of the official
sought to be recalled.
Election on Recall
Career service officers and employees causes

enumerated in law and in accordance with
procedure prescribed
Removal not for just cause or non-compliance
with prescribed procedures reversible,
reinstatement with back salaries and without loss of
seniority rights
Demotion is tantamount to unlawful removal is
NO CAUSE is shown or it is NOT PART OF
DISCIPLINARY ACTION
Unconsented transfer resulting in demotion in
rank or salary is tantamount to removal without just
cause.
A transfer that results in promotion or demotion,
advancement or reduction or a transfer that aims to
lure the employee away from his permanent
position, cannot be done without the employees
consent, for that would constitute removal from
office.
No permanent transfer can take place unless the
officer or employee is first removed from the
position held, and then appointed to another
position.
Some cases on Grounds for Disciplinary Action:
1. Dishonesty concealment or distortion of truth
in a matter of fact relevant to ones office or
connected with the performance of his duty; e.g. use
of fake or spurious civil service eligibility
2. Conduct prejudicial to the best interest of the
service
3. Misconduct transgression of some established
and definite rule of action; wrongful intention
Administrative Code of 1987: 1) Unsatisfactory
conduct and 2) Want of capacity
Civil
Service
Law:
inefficiency
and
incompetence in the performance of official duties
Poor performance falls within the concept of
inefficiency and incompetence
Inefficiency and incompetence can only be
determined after the passage of sufficient time,
hence, the probationary period of 6 months.
Poltical or non-career members of the Foreign
Service is coterminous with that of the appointing
authority or subject to his pleasure
Holding primarily confidential positions
continue in office as long as the confidence in them
endures; termination is justified on the ground of
lack of confidence removal: expiration of term
Upon filing of a valid petition, COMELEC shall

set date for the election on recall
Not later than 30 days after the filing of the
resolution/petition
in
the
case
of
barangay/city/municipal officials
Not later than 45 days in the case of provincial
officials
Officials sought to be recalled, automatically
considered as registered candidate.
Effectivity of Recall
Recall of an elective official shall be effective
upon the election an proclamation of a successor.
If the official sought to be recalled receives the
highest number of votes confidence in him is
affirmed and he shall continue in office
Prohibition from Resignation
Limitation on Recall
1. any elective official may be subject of a recall
election once during his term of office for lack of
confidence
2. no recall shall take place within one year from
the date of the officials assumption to office or one
year immediately preceding a regular local election
Sangguiniang Kabataan election is not a regular
election;
Not barred by barangay election
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
Constitutional Guarantee of Security of Tenure
not removed or suspended except for causes
provided by law
122
Holding temporary or acting appointments

may be removed at any time, without necessity of
just cause or a valid investigation.
grave misconduct or 3) neglect in the performance

of duty or 4) if there is reason to believe that the
respondent is guilty of charges which would
warrant his removal from the service.
Not a penalty. Enable authorities to investigate.
If the investigation is not finished and a decision
is not rendered within a period of 90 days, the
suspension will be lifted and the respondent will
automatically be reinstated.
If after investigation, he is innocent of the
charges and is exonerated, he should be reinstated.
Preventive suspension can be ordered even
without a hearing.
Authority to preventively suspend: exercised
concurrently by the Ombudsman
RA 6770: 6 months
Court may validly order the preventive
suspension of officer (since removal of office is
within the power of the Courts)
Procedure in Administrative Case

1. Administrative case against a public official
shall continue despite withdrawal of the complaint
since they do not involve purely private matters but
are impressed with public interest by virtue of the
public character of the public office.
2. Substantial proof and not clear and convincing
evidence or proof beyond reasonable doubt is
sufficient.
Satisfied when the employer has reasonable
ground to believe that the employee is responsible
for the misconduct and his participation renders him
unworthy of trust and confidence demanded by his
position.
Jurisdiction in Disciplinary Cases
1. Heads
of
ministries,
agencies
and
instrumentalities,
provinces,
cities
and
municipalities have jurisdiction to investigate and
decide matters involving disciplinary action against
officers and employees under their jurisdiction.
Decision final in case the penalty imposed is
suspension of not more than 30 days or fine in an
amount not exceeding 30 days salary.
Other cases, decision shall be initially appealed
to the department head and finally to the Civil
Service Commission and pending appeal, shall be
executory EXCEPT when the penalty is removal, in
which case it shall be executory only after
confirmation by the department head.
Committee to hear administrative charge against
public school teacher representative of the
teachers organization
2. Civil Service Commission has appellate
jurisdiction. Case may be filed directly to it; it may
decide on the case or deputize a department or
agency
Back salary is not warranted when the

immediate execution of the order of dismissal is
justified.
Appeal
Made within 15 days from receipt of the
decision
UNLESS a petition for reconsideration is filed,
which shall be decided within 15 days
Petition for Reconsideration 3 grounds only:
(1) New evidence has been discovered which
materially affects the decision
(2) Decision is not supported by evidence on record
(3) Error of law or irregularities have been
committed which are prejudicial to the interest f the
respondent
From resolution of the CSC, file a petition for
certiorari R65 w/in 30 days from receipt of copy of
the resolution
Summary Dismissal
RA 6654
Preventive Suspension
The proper disciplining authority may
preventively suspend any subordinate officer or
employee under his authority pending an
investigation if the charge against such officer or
employee involves 1) dishonesty, 2) oppression or
Removal of Administrative Penalties or Disabilities

Meritorious cases, upon recommendation of the
CSC
123
President
may
commute
or
remove
administrative penalties or disabilities imposed
upon officers or employees in disciplinary cases
Subject to terms and conditions he may impose
in the interest of the service
Test of Incompatibility
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
Acceptance of incompatible office ipso facto
vacates the other. There is no necessity for any
proceeding to declare or complete the vacation of
the first.
Canonizado vs. Aguirre no incompatibility;
though accepted latter, he continued to pursue legal
remedies to recover the first from which he was
ousted by a law later to be declared
unconstitutional.
Exception: when authorized by law to accept the
other office.
Abandonment
Voluntary relinquishment of an office by the
holder with the intention of terminating his
possession and control
Species of resignation
Resignation is formal relinquishment
Abandonment is voluntary relinquishment
through non-user
Non-user neglect to use a privilege or a right
or to exercise an easement or an office
A person holding an office may abandon such
office
(1) Non-user
(2) Acquiescence
Non-performance
does
not
constitute
abandonment when:
(1) Temporary disability
(2) Involuntary failure to perform
Public officer vacates office in deference to the
requirements of a statute which is afterwards
declared unconstitutional, such surrender will not be
deemed abandonment.
Mere delay in qualifying for an office is not
abandonment
But failure to assume office w/in 6 months fro
proclamation, without just or valid cause, shall have
the effect of vacating the office.
Automatically separated if he fails to return to
the service after the expiration of 1-year leave of
absence without pay.
Absent for at least 30 days without approved
leave are considered on Absence Without Leave
(AWOL) and shall be dropped from the service after
due notice.
Granting or approval of leaves discretionary
on the head and depends upon the needs of the
service
Failure to make courtesy call to ones superior is
not an offense, much less a ground to terminate
employment.
Abolition of Office
Power of legislature to abolish an office
Congress; even during the term for which an
existing incumbent may have been elected
Constitutional offices cannot be abolished
No law shall be passed reorganizing the
Judiciary, when it undermines security of tenure
Valid abolition of office does not constitute
removal of incumbent
Legal competence if the city council to create,
consolidate and reorganize city offices and positions
wholly supported by local funds
Requisite for Abolition of Office
(1) Made in good faith
(2) Clear intent to do away with the office
(3) Cannot be implemented in a manner contrary to
law
Reorganization of Government Offices
Constitutional recognition of authority to
reorganize: promotion of simplicity, economy and
efficiency is the usual standard.
No violation of due process even if no hearing
was conducted in the matter of reorganization of
DBP, as long as employee was given a chance to
present evidence.
Removal of employees pursuant to guidelines in
EO116, reorganization of Dept. of Agriculture
(1) Existence of case for summary dismissal
(2) Probable cause for violation of RA 3019
(3) Gross incompetence or inefficiency
(4) Misuse of public office for partisan political
activities
Acceptance of an Incompatible Office

124
(5) Analogous grounds showing that incumbent is
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
Shall be considered ipso facto RESIGNED upon
filing of certificate of candidacy.
Applies even to employees of GOCCs without
an original charter
unfit to remain in office

Reorganization must meet the common test of
good faith.
PD1416: grants the President the continuing
authority to reorganize the national government,
which includes the power to group consolidate
bureaus and agencies, to abolish offices, to transfer
functions, to classify and create functions, services
and activities and to standardize salaries and
materials.
GENERAL PRINCIPLES
Prescription of the Right to Office

Petition for reinstatement after illegal ouster or
dismissal OR recovery of public office w/in 1
year from the date petitioner is illegally ousted.
Exception: strong, compelling and special
circumstances
Cristobal vs. Melchor: on grounds of equity
Reason: title to public office should not be
subject to continued uncertainty; should be
determined as speedily as possible.
Filing of an action for administrative remedy
does NOT suspend the period for filing the
appropriate judicial proceeding (quo warranto); 1
year period runs even during pendency of a motion
for reconsideration.
International Law, defined

- Traditional branch of public law which
regulates the relations of States and of other entities
which have been granted international personality.
Focuses on SUBJECTS (entities which possess
international personality and with rights and
obligations recognized under international law)
as opposed to OBJECTS (which are persons or
things in respect of which rights are held and
obligations assumed by the subjects of international
law)
- Modern law that deals with the conduct of
States and international organizations, their
relations with each other and, in certain
circumstances, their relations with persons, natural
or juridical.
Impeachment
Death
Renders office vacant.
Basis of International Law

1. Law of Nature School
There is a natural and universal principle of
right and wrong, independent of mutual intercourse
or compact, which can be discovered and
recognized by every individual through the use of
his reason and conscience.
Since individuals compose the State whose will
is but the collective will of the inhabitants, the State
also becomes bound by the law of nature.
2. Positivist School
Binding force of international law is derived
from the agreement of the States to be bound by it.
International law is not a law of subordination
but of coordination.
3. Eclectic or Grotian School
Failure to Assume Elective Office w/in 6 months

from proclamation
Unless failure is for a cause or causes beyond
his control
Conviction of a Crime
Penalty imposed upon conviction carries with it
the accessory penalty of disqualification, conviction
by final judgment automatically terminates official
relationship.
Plenary pardon extinguished the accessory
penalty of disqualification, it will not restore the
public office to the officer convicted;
He must be given a new appointment.
125
In so far as it conforms to the dictates of right

reason, the voluntary law may be said to blend with
the natural law and is an expression of it.
In case of conflict, the natural law prevails,
being the more fundamental law.
3. UN machinery
4. conviction that obedience will redound to the
public good
Relationship with Municipal Law
Monist no substantial distinction
Dualist
Public International Law distinguished from:

Private International Law
Nature
Remedies
Parties
Enforcement
Public
International
Law
International
International
Modes
International
Entities
International
Sanction
Municipal Law
Issued by a political
superior for observance
by those under its
authority.
Enactments of the lawmaking authority
Private
International
Law
Municipal
Local Tribunals
Private Persons
Sheriff/Police
International Law
Not imposed but adopted
by states as a common
rule of action.
Derived
from
such
sources as:
international customs,
conventions or
general principles of
law
Applies
to
relations
between
states
and
international persons
Resolved through stateto-state transactions
Regulates relations of
individuals
among
themselves
Violations are redressed
through local judicial
and
administrative
processes
Breaches
entail Collective responsibility
individual responsibility
International Morality/Ethics Principles which

governs relations of States from the standpoint of
conscience, morality, justice and humanity.
International
Comity
Rules
of
politeness/courtesy observed by States in relations
with other States
International Diplomacy Objects of
international policy and the conduct of foreign
affairs
International Administrative Law Body of
laws which regulate the relations and activities of
national and international agencies with respect to
theor material and intellectual interests which have
received international recognition.
Incorporation
Doctrine of Incorporation (Section 2, Article II)
- adopts the generally accepted principles of
international law as part of the law of the land
Although Philippines was not a signatory to the
Hague and Geneva Conventions, international
jurisprudence is automatically incorporated in
Philippine law, making WAR CRIMES punishable
in the Philippines. (Kuroda vs. Jalandoni)
Prolonged detention of stateless aliens pending
deportation was deemed illegal incorporating
Universal Declaration of Human Rights (Borovsky
vs. Commissioner of Immigration)
Transformation
Doctrine of Transformation requires the
enactment by the legislative body of such
international law principles as are sought to be part
of municipal law.
International Law as true law

Although it does not comply with John Austins
concept of law (enforced by sovereign political
authority), it is still true law.
Application, Enforcement and Compliance
Weakened compliance:
1. lack of central law-making authority
2. debilitating jurisdictional defects
balanced by the risk of political/economic
retaliations and other sanctions:
1. public opinions
2. retorsions
126
protect and advance the right of the people to a

balanced and healthful ecology in accord with the
rhythm and harmony of nature taken from the
Universal Declaration of Human Rights and the
Alma Conference Declaration of 1978, which
recognizes health as a fundamental human right.
LLDAs authority to issue cease and desist order
doctrine of necessary implication
Note: Article 38, Statute of International Court of

Justice
- Courts whose function is to decide in
accordance with International Law such disputes as
are submitted to it, shall apply:
1. As PRIMARY SOURCES
International Treaties and Conventions
General or particular
Establishing rules expressly recognized by the
contesting states.
International Customs
Evidence of general practice, accepted as
binding law through persistent usage over a long
period of time
Custom be:
1. prevailing practice by a number of states
2. repeated over a considerable period of time
3. attended by opinion juris or a sense of legal
obligation
General Principles of Law
Rules derived mainly from natural law,
observed and recognized by civilized nations.
e.g. res judicata, prescription, pacta sunt
servanda, estoppel
Conflict Between International Law and

Municipal Law
On the domestic sphere, with local court
deciding:
o If in conflict with CONSTITUTION Consti
prevails
SC has the power to declare a treaty/executive
agreement unconstitutional
Where Consti is the highest law of the land,
both statutes and treaties may be invalidated if they
are in conflict with the Consti
o If in conflict with STATUTE
Doctrine of Incorporation decrees that rules of
international law are given equal standing with
national legislative enactments, not superior.
Treaty may repeal a statute, a statute may repeal
a treaty principle of lex posterior derogate
priori , that which comes last in time will usually
be upheld by the municipal tribunal
Retail Trade Nationalization Law prevails over
the Treaty of Amity with China and the Universal
Declaration of Human Rights former passed in the
exercise of police power of the State.
On the international sphere, with an
international tribunal deciding:
o International law is superior to municipal law
because international law provides the standard by
which to determine the legality of a States conduct.
2. As SECONDARY SOURCES
Judicial Decisions
Generally of international tribunals.
Most authoritative: ICJ
NOT really sources, but subsidiary means for
finding what the law is and whether a norm has
been accepted as a rule of international law.
Decision of a national court may be used
depending upon the prestige and perceived
impartiality of the domestic court, not being in
conflict with the decisions of international tribunals
and its admissibility in the forum where it is cited.
Writings of publicists
1. fair and unbiased representation of international
law
2. by acknowledged authorities in the field
Sources of International Law

- On domestic sphere
1. Constitution
2. Legislative Enactments
3. Case Law (stare decisis)
- On international law problem because:
1. no national legislature
2. no fundamental law
3. doctrine of precedents is not applicable
Interpretation of Article 38
although silent, by practice, hierarchy is:
1. treaties
2. customs
3. general principles of law
Exception: Principle of Jus Cogens
127
Customary international law which has the

status of a peremptory (absolute, uncompromisisng,
certain) norm of international law.
A peremptory norm is a norm accepted and
recognized by the international community of states
as a rule, from which no derogation is permitted and
which can be modified only as a subsequent norm
having the same character.
Example: slave trade, piracy and terrorism
1. People
Group of individual, of both sexes, living
together as a community.
Sufficient in number to maintain and perpetuate
themselves.
Casual gathering or a society of pirates would
NOT constitute a state.
2. Territory
Fixed portion on the earths surface occupied by
the inhabitants.
3. Government
Organized, exercising control over and capable
of maintaining law and order within the territory.
Can be held internationally responsible for the
acts of the inhabitants.
Identity of the state is not affected by changes in
government.
4. Independence or Sovereignty
Freedom from outside control in the conduct of
its foreign and internal affairs.
II. SUBJECTS OF INTERNATIONAL LAW

Distinction Between Subject and Object of
International Law
Subject
Entity that has rights and responsibilities under
international law.
Proper party in transactions involving the
application of the law of nation among members of
the international community.
Object
Person or thing in respect of which rights are
held and obligations assumed by the subject.
It is not directly governed by the rules of
international law.
Its rights are received, and its responsibilities
imposed, indirectly through the instrumentality of
an international agency.
Other Suggested Elements:

1. Civilization
2. Recognition
Act by which a state acknowledges the
existence of another state, a government, belligerent
community and indicates its willingness to deal
with the entity as such under international law.
Theories on Recognition
1. Constitutive (Minority View)
Recognition is the act which constitutes the
entity into an international person.
Recognition is compulsory and legal.
It may be compelled once the elements of the
state are established.
2. Declarative (Majority View)
Recognition merely affirms an existing fact, like
possession of the state of the essential elements.
Discretionary and political.
Subjects of International Law

1. states
2. colonies and dependencies
3. mandates and trust territories
4. Holy See
5. United Nations
6. belligerent communities
7. international administrative bodies
8. individuals
States
group of people living together in a fixed
territory,
organized for political ends
under an independent government
and capable of entering into international
relations with other states.
Basic Rules on Recognition

Political act.
A matter of policy on the part of each state
Discretionary on the part of the recognizing
authority.
Elements of a State
128
Exercised by the political (executive)

department of the state.
Legality and wisdom of recognition is not
subject to judicial review.
3.
4.
Requirements for Recognition of Government

1. Government is stable and effective
2. With no substantial resistance to authority
3. show willingness and ability to discharge its
international obligation
4. government must enjoy popular consent or
approval of the people
Full diplomatic intercourse

Diplomatic immunities
Confers titles to assets abroad
Express
Implied
Effects of Recognition
1. Diplomatic relations
2. Right to sue in the courts of the recognizing
state
3. Immunity from jurisdiction
4. Entitlement to property within the recognizing
state
5. Retroactive validation of the acts of the
recognized state/government
Tobar/Wilson Doctrine
Precludes recognition of any government
established by revolutionary means until
constitutional reorganization by free election of
representatives.
Conditions for Recognition of Belligerency

1. organized civil government having control and
supervision over the armed struggle
2. serious and widespread struggle with outcome
uncertain
3. occupation of a substantial portion of the
national territory
4. willingness on the part of the rebels to observe
the rules/customs of war
absence of any will result merely in insurgency,
which is rarely recognized
recognition may either be express or implied
examples of implied: proclamation by the parent
state of a blockade of a port held by the rebels or
proclamation of neutrality by a third state
Stimson Doctrine
No recognition of a government established
through external aggression.
Estrada Doctrine
Recognition has been construed as approval and
non-recognition as disapproval, of a government
established through upheaval, a state may not issue
a declaration giving recognition to such
government, but merely accept whatever
government is in effective control without raising
the issue of recognition. Dealing or not dealing with
the government is not a judgment on the legitimacy
of the said government.
Effects of Recognition of Belligerency

1. Responsibility for the acts of rebels resulting in
injury to nationals of the recognizing state shall be
shifted to the rebel government
2. Legitimate government recognizing the rebels
shall observe the laws of war in conducting
hostilities
3. 3rd states recognizing the belligerency shall
maintain neutrality
4. recognition is only provisional and for the
purpose of the hostilities
Kinds of Recognition
1. De Facto
Some of the requirements for recognition are
absent.
Recognition generally provisional
Limited to certain juridical relations and it does
not bring about full diplomatic intercourse
Does not give titles to assets of the state held or
situated abroad
2. De Jure
Requirements for recognition are fulfilled
When there is no specific indication, recognition
is generally considered de jure
Relatively permanent
Creation of States
1. accretion of independence
2. agreement
3. attainment of civilization
129
4. revolution
5. unification
6. succession
Classes of States
1. Independent freedom to direct and control
foreign relations without restraint from other states
a. Simple single central government with power
over internal and external affairs.
b. Composite 2 or more sovereign states joined
together to constitute one international person
i. Real Union
2 or more states are merged under a unified
authority so that they form a single international
person through which they act as one entity.
State retains their separate identities.
Respective international personalities are
extinguished and blended in the new international
person.
ii. Federal Union
2. Dependent theoretically a state, but does not
have full freedom in the direction of its external
affairs
a. Protectorate established at the request of a
weaker state for the protection by a strong power
b. Suzerainty result of a concession from a state
to a former colony that is allowed to be independent
subject to the retention by the former sovereign of
certain powers over external affairs of the latter.
3. Neutralized independence and integrity are
guaranteed by an international treaty on the
condition that such states obligates itself never to
take up arms against any other state (except in selfdefense) or to enter into an international obligation
as would indirectly involved it in war.
Extinction of States
1. extinction
2. emigration en masse of its population
3. loss of territory
4. overthrow of government resulting in anarchy
Principle of State Continuity
The state continues as a juristic being
notwithstanding changes in the circumstances,
provided only that such changes do not result in the
loss of any of its essential elements.
Succession of States
Kinds:
1. Universal
2. Partial
Effects:
1. Political laws are abrogated while municipal
laws remains in force
2. Treaties are discontinued except those dealing
with local rights and duties
3. All rights of the predecessor state are inherited
4. Successor state can assume and reject liabilities
in its discretion
Conquered state has no personality in international
law.
Succession of Government
1. Integrity of the State is not affected
2. State continues as the same international person
except that its lawful representative is changed
Vatican City and the Holy See

Has all the constituent elements of statehood.
Has all the rights of a state.
The Holy See is an international person with
which the Philippines had diplomatic ties until
1957.
Consequences of Succession of Government

1. all rights of the predecessor government are
inherited by the successor
2. where the new government was organized by
virtue of a constitutional reform duly ratified in a
plebiscite, all obligations of the predecessor are
likewise assumed
3. where the new government is established
through violence, the new government may lawfully
reject purely personal political obligations of the
predecessor but not those obligations contracted by
it in the ordinary course of official business
Colonies and Dependencies

Colony dependent political community
consisting of a number of citizens of the same
country who migrated to inhabit another country,
but remain subject to the mother state.
Dependency territory distinct from the country
in which the supreme power resides, but belongs
130
rightfully to it, and subject to the laws and

regulations which the sovereign may prescribe.
NOTE: Theoretically, they belong to the parent
state and are without any personality. However, on
occasions, colonies have been allowed to participate
in their own right to certain international
undertaking.
2/3 of the members of the General Assembly

and ratified in accordance with their respective
constitutional processes by 2/3 of the members of
the UN, including permanent members of the
Security Council
A general conference called by a majority vote
of the General Assembly and any nine members of
the Security Council, may propose amendments by
a 2/3 vote of the conference and shall take effect
when ratified by 2/3 of the members of the UN,
including the permanent member of the Security
Council.
Territories under International Control or

Supervision
Non-self-governing territories which have been
placed under international supervision or control to
insure their political, economic, social and
educational advancement.
Mandates: former territorial possession of states
defeated in World War and placed under control of
the League of Nations
Many of these mandates became trust territories
which are placed under the Trusteeship Council of
the United Nations.
Principal Objectives
1. prevention of war
2. maintenance of international peace and security
3. development of friendly relations among
members of the international community
4. attainment of international cooperation
5. harmony in the actions of nations
Membership
Classes: based on the manner of admission,
members may be:
1. Original
2. Elective
Qualification
1. State
2. peace-loving
3. accept the obligations under the Charter
4. able and willing to carry out these obligations
Admission
Decision of 2/3 of those present and voting in
the General Assembly upon recommendation of at
least 9 including permanent members of the
Security Council
Suspension
Decision of 2/3 of those present and voting in
the General Assembly upon recommendation of at
least 9 including permanent members of the
Security Council
Effects:
1. Cannot participate in meetings
2. Cannot be elected to continue or to serve in the
Security Council, Economic and Social Council and
Trusteeship Council
3. Nationals may continue to serve in the
Secretariat and IC,
Condominium territory jointly administered by 2

states.
The United Nations
Historical Development
1. League of Nations
2. London Declaration
3. Atlantic Charter
4. Declaration by United Nations
5. Moscow Declaration
6. Dumbarton Oaks Proposal
7. Yulta Conference
8. San Francisco Conference
9. UN General Assembly welcomed Macedomia
UN Charter
Constitution, that governs the relations of
international persons
Technically, a treaty a contract which parties
must respect under the doctrine of pacta sunt
servanda, although it also applies to non-member
States at least in so far as may be necessary for the
maintenance of international peace and security.
111 articles + preamble + concluding provisions
Annexed is the Statute of the ICJ
Amendment
131
4. A member is still subject to discharge its

obligations under the Charter
To lift, qualified majority vote of the Security
Council
Expulsion
2/3 vote of those present and voting in the
General Assembly upon recommendation of at
qualified majority of the Security Council
Ground: persistently violating the principles
contained in Charter
Withdrawal
Intended that no provision on withdrawal is
included in the charter.
No compulsion for continued membership.
1.
2.
3.
4.
5.
6.
1) 5 permanent members: China, France, Russia,

UK and US
2) 10 elective members, elected for 2 years by the
General Assembly
5 from African and Asian States
2 from Latin American States
2 from Western European and other states
1 from Eastern European state
- For elective members, no immediate reelection
is allowed
- Function continuously and sessions may be
called at any time
- Representative of the state should always be
available
- Functions
1) Maintain peace and security
2) Investigate disputes and call disputants to settle
their differences through peaceful means
3) Recommend methods of adjustment of disputes
4) Determine the existence of threats to peace,
breach of peace, acts of aggression and make
appropriate recommendations,
5) Undertake preventive and enforcement actions
Preventive actions
1) Provisional measures to prevent a conflict from
worsening
2) Deployment of peacekeeping and observer
mission
- Established by Security Council
- Directed by the Secretary General
- Consent of the host government
- Military observers shall be unarmed
- Peace keeping forces may be armed with light
weapons, but are not authorized to use force except
in self-defense
- Operations must not interfere with internal
affairs
3) Other measures
- Interruption
of
economic
relations,
communication or diplomatic relations, except for
humanitarian reasons
Enforcement actions
1) Deployment of air, sea and land forces
2) Institution of a blockade
Principal Organs
General Assembly
Security Council
Economic and Social Council
Trusteeship Council
Secretariat
International Court of Justice
General Assembly
- Consist of all the members of the organization
- Each is entitled to not more than 5
representative and 5 alternates
- Each member has only one vote
- Regular session once a year
- May hold special sessions called by Secretary
General at the request of the Security Council or
majority of members
- On important questions, vote of 2/3 of the
members present and voting is required
- On other questions, a simple majority
- To classify the question as important, the vote
required is a simple majority
- Functions
1) Deliberative
2) Supervisory
3) Financial
4) Elective
5) Constituent
Security Council
- Key organ in the maintenance of international
peace and security
- Composition
Domestic Jurisdiction Clause

Necessary for settlement of disputes
132
Only limitation is that dispute must be

international
Otherwise, such action would violate the
principle that U.N. shall not intervene in any matter
within the jurisdiction of any State.
Secretariat
Chief administrative organ of the UN
Headed by the Secretary General who is chosen
by the General Assembly upon recommendation of
the Security Council
Secretary General
Highest representative of the UN, authorized to
act in its behalf
Acts as Secretary in all meetings of the General
Assembly, Security Council. Economic and Social
Council and Trusteeship Council
International civil servants
Cannot
receive instructions from any
government or source outside the UN
Right of Political Initiative
May bring to the attention of the UN Security
Council any matter which, in his opinion, may
threaten international peace and security.
Voting: The Yalta Formula

Each member of the Security Council shall have
one vote, distinction as to permanent and nonpermanent members in the resolution of substantive
questions.
Procedural matter affirmative vote by any 9 or
more members.
Non-procedural matters concurrence of at
least 9 members, including all the permanent
members.
Determination of whether a matter is procedural
or substantive, is non-procedural double veto
by a permanent member.
Abstention or absence of any permanent
member is not considered a veto.
International Court of Justice

Principal judicial organ of the UN
Composition:
15 members
elected for a term of 9 years
by absolute majority vote in the General
Assembly and the Security Council
in separate elections.
no two of whom must be nationals of the same
state
Qualifications
must possess high moral character
possess the qualifications required in their
respective countries for appointment to their highest
judicial offices
Court decides contentious cases and renders
advisory opinions.
Only states, including non-members of the UN,
may be parties in contentious cases.
Jurisdiction of the court is based on the consent
of the parties in accordance with optional
jurisdiction clause
Court may decide on:
the interpretation of treaties,
any question of international law,
the existence of facts constituting breach of
international obligations and
Economic and Social Council

54 members elected by the General Assembly
for a 3-year term
Exert efforts toward:
1) Higher standards of living
2) Conditions of economic and social progress and
development
3) Solutions of international economic , social and
health related problems
4) Universal respect for and observance of human
rights and fundamental freedoms
Decisions reached by a majority vote
Trusteeship Council
Assisting the Security Council and the General
Assembly in the administration of the International
Trusteeship System
Composition
1) Members of UN administering trust territories
2) Permanent members of the Security Council not
administering trust territories
3) As many other members elected by the General
Assembly as may be necessary to ensure that the
total number of members of the UN which
administer trust territories and those which did not
133
the nature or extent of the reparation to be made

for the breach of an international obligation.
Advisory opinions may be given upon request
of the General Assembly, or the Security Council or
the other organs of the UN when authorized by the
General Assembly.
5. Genocide Convention
6. 1930 Hague Convention
7. 1950 European Convention on Human Rights
and Fundamental Freedoms
III. FUNDAMENTAL RIGHTS OF STATE

1. Existence and Self-Preservation
2. Right to Sovereignty and Independence
3. Right of Equality
International Administrative Bodies

- Non-political
- Autonomous
- Not subject to control by any state
Existence and Self-Preservation

Article 51 of the UN Charter
Right of the state to individual and collective
self-defense through regional appointments, if an
armed attack occurs against such state, until the
Security Council has taken measures necessary to
maintain international peace and security.
Right may be resorted to upon clear showing of
grave and actual danger and must be limited to
necessity.
Security Council which determines whether or
not an armed attack has taken place.
Aggression
The use of armed force by a state against the
sovereignty, territorial integrity or political
independence of another state or in any other
manner inconsistent with the UN Charter.
The first use of armed force by a State in
contravention of the UN Charter is prima facie
evidence of an act of aggression.
Other principles
1. No consideration of whatever nature, political,
economic or military, can justify aggression.
2. A war of aggression is a crime against
international peace which will give rise to
international responsibility.
3. No territorial acquisition or special advantage
resulting from aggression shall be recognized as
lawful.
4. All these are without prejudice to the right of
self-determination, freedom and independence of
people deprived of such rights, nor the right to these
people to struggle to that end and to seek and
receive support.
International Law Commission

o Established by UN General Assembly in 1947
o To promote the codification and progressive
development of international law.
o One of the functions: to produce Draft Articles
which may codify certain customary international
law or aid in its development.
o E.g. Draft Articles on State Responsibility
Legality of the Threat or Use of Nuclear
Weapons Opinion (WHO Case)
o ICJ ruled that it did not have jurisdiction to
decide on request of WHO to render an advisory
opinion on whether the use of nuclear weapons by a
State in war or other armed conflict would be a
breach of its obligations under international law,
including WHO Convention.
o International organizations are governed by the
PRINCIPLE OF SPECIALTY, that they are
invested by the States which create them with
powers, the limits of which are a function of the
common interest whose promotion those States
entrust to them.
o To accede to the demand of WHO would be
violative of the Principle of Specialty, for such
competence could not be deemed a necessary
implication of the Constitution.
Individuals
- Traditionally considered as objects
- Granted a certain degree of international
personality under a number of Agreements:
1. UN Charter
2. Universal Declaration of Human Rights
3. treaties, e.g. Treaty of Versailles
4. The need for States to maintain an international
standard of justice in the treatment of aliens
Right to Sovereignty and Independence

Sovereignty
134
The totality of the powers, legal competence and

privileges of a state arising from customary
international law and not dependent on the consent
of another state.
Independence
The freedom to conduct foreign relations
without outside control.
The right to independence is a natural aspiration
of people.
It is not an absolute freedom.
Valid restraints may consist in the obligation to
observe
1. the rights of others
2. treaty stipulations
3. obligations arising from membership in
international organizations
Intervention
Guaranteed is legal or sovereign equality:

equal in law, rights of sovereignty, personality,
territorial integrity and political independence
respected by others.
Not equality in fact
- Act of State Doctrine
A state should not inquire into the legal validity
of the public acts of another state done within the
territory of the latter.
Considerations such as motive are immaterial.
State doctrine seems to make a determination on
the validity of the confiscation of property by a
foreign state a violation of the principle of
international law. (Sabbatino Case)
Acts of torture, execution and disappearance
were clearly acts outside of the Presidents authority
and are not covered by the act of state doctrine.
- Doctrine of State Immunity
As a consequence of independence, territorial
supremacy and equality, a state enjoys immunity
from the exercise of jurisdiction (executive,
legislative, judicial) by another state, unless he has
given consent, waived its immunity or voluntarily
submitted to the jurisdiction of the court
concerned.
Neither may its public property be attached or
taxed, nor its public vessel be boarded, arrested or
sued.
Based on the principle of par in parem non
habet imperium.
The States immunity extends to the Head of
State who is the personification of the State.
Restrictive Application of the Doctrine
Only with respect to sovereign or public acts of
the state and cannot be invoked with respect to
private or proprietary acts.
Neither may this immunity be invoked when the
foreign state sues in the courts of another state, for
then it is deemed to have submitted itself to the
ordinary incidents of procedure and thus, a
counterclaim may be validly set up against it.
On Labor Contracts
Immunity Extends to Diplomatic Personnel to
the United Nations, its organs and specialized
agencies and to international organizations
Waiver of Immunity
1. gives its consent at the time the proceeding is
instituted
State interferes in the domestic or foreign affairs

of another state through the use of force or threat of
force.
Protest or demand for rectification or reparation
does not comprise intervention.
1. Intervention used to be justified for preservation
of the balance of power, pre-emptive self-defense,
enforcement of treaty obligation, collection of debts
(subsequently prohibited Drago Doctrine in the
HGUE Convention).
2. Contemporary International Law, intervention is
not allowed.
o Article 2, UN Charter even UN is precluded
from intervening in matters essentially within the
domestic jurisdiction of a state, unless necessary to
remove and prevent threats to the peace, breaches or
acts of aggression.
o 1965 UN General Assembly no state has the
right to intervene, directly or indirectly, in the
affairs of another.
3. At present, intervention is allowed only:
a. as an act of individual or collective self-defense
in response to an armed attack
b. pursuant to treaty stipulations or
c. with prior UN authorization
Right of Equality
- Article 2 of UN Charter
Organization is based on the principle of
sovereign equality of all its members
135
2. takes steps relating to the merits of the case

before invoking immunity
3. by treaty or contract, it had previously given
consent
4. by law or regulation in force at the time the
complaint arose, it has indicated that it will consent
to the institution of the proceedings.
Eastern Greenland Case thinly populated and

uninhabited areas, very little actual exercise of
sovereignty was needed in the absence of
competition.
Kalayaan Islands Tomas Cloma claim to the
islands is justified by reason of history,
indispensable need and effective occupation and
control.
Manila Declaration of 1992 whatever
conflicting claims, there may be over the islands
shall be resolved in a peaceful manner, through
diplomatic negotiations.
2. Prescription
Continuous and uninterrupted possession over a
long period of time
In international law, as opposed to civil law,
there is no rule of thumb as to the length of time
needed for acquisition of territory through
prescription.
Grotius doctrine of immemorial prescription
uninterrupted possession going beyond memory.
3. Cession
a. Voluntary
o Treaty of Sale
o Treaty of Donation
b. Involuntary or Forced
4. Conquest
No longer recognized.
UN Charter prohibits resort to threat or use of
force against territorial integrity or political
independence.
Stimson Doctrine (even before UN Charter)
which forbade recognition of any government set up
through external aggression.
5. Accretion
Increase in the land area of the State, through
natural means or artificially through human labor
IV. RIGHT TO TERRITORIAL INTEGRITY

AND JURISDICTION
Territory
- Fixed portion on the surface of the earth on
which the State settles and over which it has
supreme authority.
- Components:
1. Terrestrial
2. Aerial
3. Fluvial
4. Maritime
- National Territory of the Philippines Section
1, Article I.
- Organic Acts
1. Treaty of Paris cession of the Philippine
Islands by Spain to the US
2. Treaty between Spain and the US Cagayan,
Sulu and Sibuto
3. Treaty between US and Great Britain Turtle
Islands and Mangsee Islands
4. 1935 Constitution Batanes
5. 1973 Constitution by historic or legal title
6. PD 1596 Kalyaan Islands by virtue of
occupation and exercise of jurisdiction
Land Territory (Terrestrial Domain)
Modes of Acquisition
1. Discovery and Occupation
Territory not belonging to any State or terra
nullius is placed under the sovereignty of the
claiming State.
Discovery alone merely creates an inchoate
right and it must be followed within a reasonable
time by effective occupation and administration.
Palmas Island Arbitration Case inchoate right
flowing from discovery was deemed lost because
administration was not undertaken within a
reasonable time.
Clipperton Island Case small territory
infrequent administration sufficient
Maritime Authority (Fluvial and Maritime Domain)

1) Internal (National) Waters
Bodies if water within the land mass.
The UN Convention on the Law of Seas all
waters on the landward side of the baselines of the
territorial sea.
i. Rivers
National
Boundary divide territories of States
136
International flows through various states

o Thalweg Doctrine: For boundary rivers, in the
absence of an agreement between the riparian
States, the boundary line is laid on the middle of the
main navigable channel
o Middle of the Bridge Doctrine: Where there is a
bridge over a boundary river, the boundary line is
the middle or center of the bridge.
ii. Bays and Gulfs
Bay well-marked indentation whose
penetration is in such proportion to the width of its
mouth as to contain land-locked waters and
constitute more than a curvature of the coast.
Area must be as large or larger than a semicircle whose diameter is a line drawn across the
mouth of such indentation, or if the mouth is less
than 24 miles wide.
Historic Bay waters are considered internal
because of the existence of historic title.
iii. Straits narrow passageways connecting 2
bodies of water.
If the distance between the two opposite coasts
is not more than 6 miles, they are considered
internal waters.
iv. Canals
Suez Canal - neutralized
Panama Canal open to everyone in times of
war or peace
2) Archipelagic Waters
Archipelagic Doctrine The waters around,
between and connecting the islands of the
archipelago, regardless of their breadth or
dimension, are to be treated as internal waters.
Archipelago group of islands (including parts
of island), interconnecting waters and other natural
features which are closed interrelated in such
islands, waters, and other natural features which
form an intrinsic geographical, economic and
political entity for which historically has been
regarded as such.
Straight Baseline Method to determine extent
of archipelagic waters, the archipelagic state shall
draw straight baselines connecting the outermost
points of the outermost islands and drying reefs
providing that the ratio of the area of the water to
the area of the land, including atolls, is between 1:1
and 9:1.
The length of such baselines shall not exceed

100 nautical miles, except that up to 3% of the total
number of base lines inclosing any archipelago may
exceed that length, up to a maximum of 125
nautical miles.
The baselines drawn should not depart from, to
any appreciable extent, from the general
configuration of the archipelago.
All the waters within the baselines shall be
considered as internal waters.
The breadth of the 12-mile territorial sea, the
contiguous zone, the exclusive economic zone and
the continental shelf shall then be measures from
the archipelagic baselines.
Vessels may be allowed innocent passage. This
right may be suspended, after PUBLICATION in
the interest of INTERNATIONAL SECURITY.
Coastal
state
may
designate
the
ARCHIPELAGIC SEA LANES for continuous,
unobstructed transit vessels.
3) Territorial Sea - belt of the sea located between
the coast and internal waters of the coastal state on
one hand and the high seas on the other, extending
up to 12 nautical miles from the low-water mark, or
in case of archipelagic states, from the baselines.
GR: ships (not aircrafts) of all states enjoy the
right of innocent passage through the territorial sea
(not waters).
Must be continuous and expeditious.
Exception: force majeure
Submarines and other underwater craft are
required to navigate on the surface and to show
their flag
4) Contiguous Zone extends up to 12 nautical
miles from the territorial sea.
Technically, not part of the territory of the State.
Coastal state may exercise limited jurisdiction
over the contiguous zone to prevent infringement of
customs, fiscal, immigration or sanitary laws.
5) Exclusive Economic Zone extends up to 200
nautical miles from the low-water mark or the
baselines.
Coastal state may exercise sovereign rights over
economic resources of the sea, seabed, subsoil,
Other States shall have freedom of navigation
and over-flight, to lay submarine cables and
pipelines, and other lawful uses.
137
States with overlapping EEZ enter into

appropriate treaty for joint exploitation and
utilization.
Philippine EEZ Scarborough Shoal
6) Continental Shelf
Comprises the seabed and the subsoil of the
submarine areas that extends beyond the territorial
sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin,
or to a distance of 200 miles from the baselines
from which the territorial sea is ensured where the
outer edge of the continental margin does not
extend up to that distance.
Coastal state enjoys right of exploitation of oil
deposits and other resources in the continental shelf.
In case continental shelf extends to the shores of
another State, or is shared with another State, the
boundary shall be determined in accordance with
equitable principles.
7) High Seas
Treated as res communes or res nullius
Not territory of any particular state
Traditional view: Freedom of the high seas
open and available, without restriction, to the use of
all states for the purpose of navigation, flight over
them, laying submarine cables and pipes, fishing,
research, mining, etc.
At present, subject to regulation arising from
treaty stipulations.
Freedom of navigation right to sail ships on
the high seas, subject only to international law and
the laws of the flag state.
- Air space above the land and water of the state.

- International Convention on Civil Aviation
(Chicago Convention)
Every State has complete and exclusive
sovereignty over the air space above its territory;
but this shall not include outer space (re
communes).
Other States have no right of innocent passage
over the air territory of another State.
5 Freedoms (of Air Transportation for
Scheduled International Services)
Fly across the territory without landing
Land for non-traffic purposes
Land to put down passenger, mail, cargo of flag
territory
Land to take passenger, mail, cargo of flag
territory
Put down passenger, mail, cargo from these
territories
- 1981 Resolution of the International Civil
Aviation Organization
Intrusion into the air space by civilian aircraft
may be intercepted but in no case shall the
interception be attended with the use of weapons.
Military aircraft may be shot down.
Outer Space
Rules governing high seas apply; considered res
communes.
Under customary international law, States have
the right to launch satellites in orbit over the
territorial air space of other States.
Outer Space Treaty of 1967
1. Outer space is free for exploration and use by all
States
2. Cannot be annexed by any State
3. May be used exclusively for peaceful purposes.
(nuclear weapons of mass destruction may not be
placed in orbit around the earth)
1972 Convention on International Liability for
Damage Caused by Outer Space Objects
o States which launch objects into space may be
held liable for the harmful contamination or for
damage which may be caused by falling objects.
Theories on where outer space begins
Settlement of Dispute Arising from the UN

Convention on the Law of the Sea (UNCLOS)
Part XV of 1982 UN Convention on the Law of
the Sea
Requires States to settle peacefully any dispute
concerning the convention.
Failing bilateral settlement settled for
compulsory settlement to one of the tribunals
having jurisdiction.
International Tribunal for the Law of the Sea,
ICJ, and arbitral or special arbitral tribunals
constitutes under UNCLOS
Air Territory
- Aerial domain
138
1. lowest altitude for artificial earth satellites to

orbit without being destroyed by friction (90 kms
above earth)
2. theoretical limits of air flights (84 kms above
earth)
3. functional approach rules shall not depend on
the boundaries set, but on the nature of the activity
undertaken.
2. forging/counterfeiting of Philippine coins or

currency notes
3. introduction into Philippines of such forged or
counterfeit coins or notes
4. offenses committed by public officers or
employees in the exercise of official functions
5. crimes against national security and the law of
nations
4. Principle of Universality
State has jurisdiction over offenses considered
as universal crimes regardless of where committed
and who committed them.
Universal crimes threaten the international
community as a whole and are considered criminal
offenses in all countries:
a. Genocide
b. Piracy jure gentium
c. White slave trade
d. Hijacking
e. Terrorism
f. War crimes
5. Principle of Passive Personality
State exercises jurisdiction over crimes against
its own nationals even if committed outside its
territory.
May be resorted to if the others are not
applicable.
Jurisdiction
- Power or authority exercised by a State over
land, persons, property, transactions and events.
- Bases of Jurisdiction
1. Territorial Principle
State may exercise jurisdiction only within its
territory.
Exceptionally, it may have jurisdiction over
persons and acts done outside its territory
depending on the kind of jurisdiction it invokes.
While there is no territorial limit on the exercise
of jurisdiction over civil matters, a State, as a
general rule, has criminal jurisdiction over offenses
committed committed within its territory, except
over:
1. continuing offenses
2. acts prejudicial to the national security or vital
interests of the State
3. universal crimes
4. offenses covered by special agreement
(obsolete)
2. Nationality Principle
State has jurisdiction over its nationals
anywhere in the world, based on the theory that a
national is entitled to the protection of the State
wherever he may be, and thus, is bound to it by duty
of obedience and allegiance, unless he is prepared
to renounce his nationality.
Applies to civil matters (Article 15 of CC) and
taxation.
NOT applicable to criminal offenses.
3. Protective Principle
State has jurisdiction over acts committed
abroad (by nationals or foreigners) which are
prejudicial to its national security or vital interests.
Article 2 of RPC, Philippines has jurisdiction
over
1. offenses committed on board a Philippine ship
or airship
- Exemptions from Jurisdiction

1) Doctrine of State Immunity
2) Act of State Doctrine
A state could not inquire into the legal validity
of the public acts of another State done within the
territory of the latter.
The doctrine is more of a choice of law rule, and
may be raised by private parties.
3) Diplomatic Immunity
Part of customary international law.
To uphold their dignity as representative of their
respective States and to allow them free and
unhampered exercise of their functions.
Procedure for claiming immunity:
1) Request by the foreign state for an executive
endorsement by the Department of Foreign Affairs
2) Determination made by the Executive
Department is a political question which is
conclusive on Philippine courts.
139
Head of the State enjoys personal immunity

from the jurisdiction of another State
1961 Vienna Convention on Diplomatic
Relations
Right of the foreign State to acquire property in
the receiving State for its diplomatic mission, as
well as immunity of the diplomatic envoy from civil
jurisdiction of the receiving State over any real
action relating to immovable property which the
envoy holds on behalf of the sending state for
purposes of the mission.
4) Immunity of the United Nations, its Organs,
Specialized
Agencies,
other
International
Organizations and its Officers
Article 105, UN Charter: organizations,
officers, representatives of members, who shall such
privileges and immunities as are necessary for the
independent exercise of their functions.
Secure them legal and practical independence in
fulfilling their duties.
Free from political pressure or control by the
host country.
Convention on the Privilege and Immunities of
the United Nations the immunities are with
respect to:
1) Legal processes relative to words spoken or
written and acts in their official capacity
2) Taxation on salaries and emoluments
3) National service obligations
4) Immigration, restriction and alien registration
5) Same immunities as are enjoyed by diplomats of
comparable rank
International agency, enjoys immunity from the
legal writs and processes of the Philippines, because
subjection to local jurisdiction would impair the
capacity of such body to discharge its
responsibilities impartially in behalf of its member
States.
Section 31, Convention on the Privileges and
Immunities to Specialized Agencies of the UN
provides remedy for those who may be adversely
affected by these immunities each specialized
agency of the UN shall make a provision for
appropriate modes of settlement of disputes arising
out of contracts or other disputes of private
character to which it is a party.
5) Foreign merchant vessels exercising the right of
innocent passage or arrival under stress
Innocent Passage: navigation through the

territorial sea of a State for the purpose of
transversing that sea without entering internal
waters, or of proceeding to internal waters, or
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.
Arrival under stress: involuntary entrance, due
to lack of provisions, unseaworthiness of vessel,
inclement weather or other case of force majeure,
such as pursuit by pirates.
6) Foreign armies passing through or stationed in
the territory with the permission of the State
7) Warships and other public vessels of another
State operated for non-commercial purposes
Generally immune from local jurisdiction
floating territory
Crew members are immune from local
jurisdiction when on shore duty.
N/A if the crew members violate local laws
while on furlough or off-duty
Jurisdiction over Land Authority
- Save for exceptions, the State exercises
jurisdiction over everything found within the
terrestrial domain.
Jurisdiction over Maritime Authority
- Over internal waters
Same jurisdiction as land area, since the internal
water are deemed assimilated in the land mass
Foreign merchant vessels docked in a local port
or bay, the coastal state exercises jurisdiction in
civil matters, but criminal jurisdiction depends on:
1) English Rule: coastal state shall have
jurisdiction over all offenses committed on board
the vessel except those which do not compromise
the peace of the port
2) French Rule: flag State shall have jurisdiction
over all offenses committed on board the vessel
except those which compromise the peace of the
port.
- Over archipelagic waters
Same rule as internal waters.
Except for innocent passage of merchant vessels
through archipelagic sea lanes.
- Over the territorial sea
140
Criminal jurisdiction over foreign merchant

vessels depends on English Rule or French Rule
Exceptions:
1) Innocent passage and
2) Involuntary surrender (distress on the vessel
must be real)
- Over the contiguous zone
UN Convention on the Law of the Sea, the
Coastal State may exercise the control necessary to
prevent infringement of its customs, fiscal,
immigration and sanitary regulations, and punish
the said infringement.
- Over the exclusive economic zone
UN Convention on the Law of the Sea, Coastal
State has sovereign rights over the EEZ for
purposes if exploring and exploiting, conserving
and managing the natural resources, whether living
or non-living, of the sea-bed, sub-soil, and the
superjacent waters as well the production of energy
from the water, currents and winds.
Other States shall have the freedom of
navigation and over-flight, to lay submarine cables
and pipes and other lawful uses.
- Over the continental shelf
Coastal State enjoys the right of exploitation of
oil deposits and other resources in the continental
shelf.
In case the continental shelf extends to the
shores of another State or is shared with another
State, the boundary shall be determined in
accordance with equitable principles.
- Over the high seas
Its vessels
Flag state has jurisdiction over its public vessels
wherever they are, and over its merchant vessels on
the high seas.
Because of the Flags of Convenience
Controversy, the UN Convention on the Law of the
Sea concedes that a vessel shall have the nationality
of the flag it flies provided there is genuine link
between the State and the vessel State must
effectively exercise jurisdiction and control in
administrative, technical and social matters over the
ship.
Pirates
Enemies of mankind
May be captured on the open seas by the vessels
of any State
Engaged in illicit traffic in drugs and slave trade

All states shall cooperate in the suppression of:
1) Illicit traffic in narcotics
2) Illicit traffic in slave trade
3) Terrorism
4) Unauthorized broadcasting from the high seas,
except in distress calls
In the exercise of the right to visit and search
Laws of Neutrality public vessels or aircraft of
a belligerent State may visit and search any neutral
merchant vessel on the open seas and capture it if
found to be engaged in activities favorable to the
other belligerent.
Under the doctrine of hot pursuit
If an offense is committed by a foreign
merchant vessel within the territorial waters of the
coastal state (or of the coastal state has good reason
to believe that such an offense had been committed)
the said States vessels may pursue the offending
vessel into the open seas and, upon capture, bring it
back to its territory for punishment.
Exercised to violations committed in the EEZ or
on the continental shelf installations.
However, to be lawful:
1) The pursuit must have begun before the
offending vessel has left the territorial waters or the
contiguous zone of the coastal state
2) The pursuit must be continuous and unabated
3) Ceases as soon as the ship being pursued enters
the territorial sea of its own or of a Third State.
Jurisdiction over other Territories (Extra-Territorial
Jurisdiction)
- State may, by virtue of customary and
conventional law, extend its jurisdiction to territory
not within its sovereignty in the following:
1) Assertion of personal jurisdiction over its
national abroad
2) Relations with other states, as when it
establishes a protectorate, condominium, or
administers trust territory or occupies enemy
territory in the course of war
3) Consequence of waiver of jurisdiction by the
local state over person and things within the latters
territory
4) Principle of extraterritoriality, exemption of
persons and things from the local jurisdiction on the
basis of international custom.
141
(Principle of extra-territoriality: exemption from

jurisdiction is based on
treaty or convention;
discredited)
5) Enjoyment of easements and servitudes
Not subject to tax or exchange or currency

restrictions.
2. The Foreign Office
Entrusted with the actual day-to-day conduct of
foreign affairs
Headed by Secretary or Minister who can
make binding declarations on behalf of his
government.
Rome Statute of the International Criminal Court

(ICC)
- Adopted in July, 1988 by a Conference of States
in Rome
- Come into existence once 60 States have ratified
- Philippines signed the ICC Statute on 28
December 2000
- January 2000 124 countries have signed;
only 25 have ratified
- Jurisdiction of the court limited to serious
crimes of concern to international community as a
whole
a. Genocide
b. Crimes against humanity
c. War crimes
d. Crimes of aggression
Establishment of Resident Missions

States carry on diplomatic intercourse through
permanent missions established in the capitals of
other States.
Composed of:
1. Head of Mission Classified by Vienna
Convention:
a. Ambassadors/nuncios accredited to Head of
State, and other heads of mission of equivalent rank
b. Envoys/ministers/internuncios, accredited to
Head of State
c. Charges daffaires, accredited to Ministers of
Foreign Affiars
2. Diplomatic Staff
Engaged in diplomatic activities and are
accredited diplomatic rank
3. Administrative and Technical Staff
Employed in administrative and technical staff
of the mission
V. RIGHT OF LEGATION
The Right of Legation
Right of Diplomatic Intercourse
Right of the state to send and receive diplomatic
missions, which enables States to carry on friendly
intercourse.
Not a natural or inherent right, exists by
common consent.
No legal liability is incurred by the State for
refusing to send or receive diplomatic
representatives.
Governed by the Vienna Convention on
Diplomatic Relations.
4. Service Staff
Engaged in domestic service of the mission
Diplomatic Corps
According to custom, all diplomatic envoys
accredited to the same state form a body known as
the Diplomatic Corps
Doyen/head of the body:
1) Papal Nuncio
2) Oldest ambassador
3) Oldest minister plenipotentiary
Agents of Diplomatic Intercourse

1. Head of State
Embodiment of the sovereignty of the State
Enjoys right to special protection for his
physical safety and the preservation of his honor
and reputation.
Enjoys principle of exterritorilaity quarters,
archives, property and means of transportation are
inviolable
Immune from criminal and civil jurisdiction,
except when he himself is the plaintiff
Appointment of Envoys
In the Philippines, the President cannot be
questioned
Sending state is not absolutely free in the choice
of its diplomatic representatives, especially heads of
mission BECAUSE the receiving State has the
142
RIGHT TO REFUSE to receive as envoy of another

State a person whom it considers unacceptable,
To avoid embarrassment, sending State may
resort to an INFORMAL inquiry (enquiry) to which
the receiving State responds with an informal
conformity (agreement) AGREATION
After conclusion of the informal process, the
diplomatic mission commences when the envoy
presents himself at the receiving state generally
armed with the following papers:
1) LETTRE DE CREANCE (Letter of Credence)
name/rank/general character of the mission and a
request for favorable reception and full credence
2) DIPLOMATIC PASSPORT authorizing his
travel
3) INSTRUCTIONS includes document of full
powers (pleins pouvoirs) authorizing him to
negotiate on extraordinary or special business
4) CIPHER/CODE/SECRET
KEY
for
communications with his country
UN CONVENTION ON THE PREVENTION

AND PUNISHMENT OF CRIMES AGAINST
INTERNATIONALLY PROTECTED PERSONS
considers crimes against diplomatic agents as
international not political in nature.
Diplomatic envoy may be arrested temporarily
in case of urgent danger (acts of violence) which
makes it necessary to put him under restraint for the
purpose of preventing similar acts; must be released
and sent home in due time.
2) Inviolability of Premises and Archives
Premises occupied and private residence
Agents may not enter w/o consent of the envoy
Exception: extreme cases of necessity fire;
imminent danger
Cannot be entered or searched
Goods, records, archives cannot be detained by
local authorities even under process of law
Service of writs, summons, orders or processes
within the premises of the mission or residence of
the envoy is prohibited
Even if a fugitive takes refuge but must be
surrendered upon demand by local authorities
EXCEPT: Right of asylum exists
N/A when the ambassador himself request local
police assistance
Vienna Convention receiving State has the
special duty to protect diplomatic premises against
invasion, damage or any act tending to disrupt the
peace and dignity of the mission.
Immune from search, requisition, attachment or
execution
1) Premises
2) Furnishings
3) Other property thereon
4) Means of transport of the mission
5) Archives
6) Documents
7) Papers
8) Correspondence of the mission
Unless the treaty is recognized by treaty or local
usage envoy should not permit the premises of
his mission or his residence to be used as a place of
asylum for fugitives from justice.
But he must, in the interest of humanity, afford
temporary shelter to persons in imminent peril of
their loves, such as those feeling from mob
violence.
Functions
1) Represent sending State
2) Protect in receiving State the interests of the
sending State and its nationals, within the limits of
international law
3) Negotiating with the government of receiving
State
4) Ascertaining by all lawful means the conditions
and development in the receiving State
5) Promote friendly relations
6) Developing their economic, cultural and
scientific relations
Diplomatic Immunities and Privileges except as
provided below, immunities and privileges are
enjoyed by the ENVOY and the MEMBERS of the
DIPLOMATIC RETINUE
1) Personal Inviolability
Not liable for any form of arrest or detention
Treat him with due respect and take all steps to
prevent any attack on his person, freedom or
dignity.
RA 75 punishes any person who assaults,
strikes, wounds, offers violence to the person of the
ambassador or minister (except when in selfdefense)
143
3) Right of Official Communication

As such, diplomatic pouch and diplomatic
couriers also enjoy inviolability.
distrained, seized, or attached and penalties are

imposed for violations.
N/A:
1) Citizens/inhabitants of the Philippines, where
the process is founded upon a debt contracted
before his employment in the diplomatic service
2) Domestic servants of the ambassadors or
minister whose names are not registered with the
DFA
Children born to him while he possesses
diplomatic status are regarded as born in the
territory of his home State.
5) Exemption from Taxes and Customs Duties
Vienna Convention
Exceptions:
1) Indirect taxes normally incorporated in the
price of goods/services
2) Dues and taxes on private immovable property
situated in the territory of the receiving State, unless
he holds it on behalf of the sending State for
purposes of the mission.
3) Estate, succession or inheritance taxes on
investments in commercial ventures in the receiving
State
4) Dues and taxes on private income having its
source in the receiving State and capital taxes on
investments in commercial ventures in the receiving
State
5) Charges levied for specific services rendered
6) Registration, court or record fees, mortgage
dues and stamp duty, with respect to immovable
property.
Exemption from all customs duties and taxes of
articles for the official use of the mission and those
for the personal use of the envoy or members of the
family forming part of his household.
Baggage and effects are entitled to free entry
and normally exempt from inspection
Articles addressed to ambassadors, ministers,
charge daffaires are also exempt from customs
inspection.
6) Freedom of movement and travel in the territory
of the receiving State
7) Exemption from all personal services and
military obligations
8) Use of flag and emblem of the sending State on
the diplomatic premises and the residence and
means of transport of the head of mission
4) Immunity from Local Jurisdiction

Diplomatic agent cannot be arrested, prosecuted
and punished for any offense he may commit unless
his immunity is waived.
Immunity from jurisdiction does not mean
exemption from local laws; it does not presuppose a
right to violate the laws of the receiving State.
Diplomatic privilege does not import immunity
from legal liability but only exemption from local
jurisdiction.
Immunity from civil and administrative
jurisdiction of the receiving State
No civil action of any kind may be brought
against him
GR: properties are exempt from garnishment,
seizure for debt, execution, and the like.
Exception:
1) Real action relating to private immovable
property situated in the territory of the receiving
state
Except: envoy holds it on behalf of the sending
State for the purpose of the mission.
2) Action relating to succession in which
diplomatic agent is involves as E/A/H/L as a private
person
3) Action relating to any professional or
commercial activity exercised by diplomatic agent
in the receiving State outside his official function
Cannot be compelled to testify/deposition w/o
consent of his government
Immunity does not protect a public official who
commits unauthorized acts unauthorized acts are
not acts of Statehe may be sued for such unlawful
acts in his PRIVATE CAPACITY
RA 75: declares as void any writ or process
issued out or prosecuted by any person in any court
of the Philippines, or by any judge or justice,
whereby the person of any Ambassador or Public
Minister of any foreign state, authorized and
received as such by the President or and Domestic
Servant of any such ambassador or minister is
arrested or imprisoned, or his goods or chattels
144
4) Consular Agent entrusted with the

performance of certain functions by the consul
- Appointment: 2 important documents necessary
before the assumption of consular functions:
1) Letters patent (letter de provision) letter of
appointment or commission which is transmitted by
the sending state to the Secretary of Foreign Affairs
of the country where the consul is to serve
2) Exequatur authorization given to the consul by
the sovereign state, allowing him to exercise his
functions
- Functions
1) Commerce and navigation
2) Issuance of visa
3) Such as are designed to protect the nationals of
the appointing state
- Immunities and Privileges
1963 Vienna Convention on Consular Relations
1) Freedom of communication in ciphers or
otherwise
2) Inviolability of archives NOT of premises
3) Exempt from local jurisdiction for offenses
committed in the discharge of official functions not
of other offenses, EXCEPT minor infractions
4) Exempt
from
testifying
on
official
communication or on matters pertaining to consular
functions
5) Exempt from taxes, customs duties, military or
jury service
6) Display national flag and emblem in the
consulate
Available to members of consular post, families
and private staff
May be waived by appointing state
- Termination of Consular Mission
1) Usual modes of terminating official relationship
2) Withdrawal of the exequatur
3) Extinction of state
4) War
Severance of consular relations does not
necessarily terminate diplomatic relations.
Duration of Immunities/Privileges
From the moment he enters the territory of the
receiving State
Cease only the moment he leaves or on expiry
of a reasonable time in which to do so
w/ regard to official acts immunity shall
continue indefinitely
privileges are available even in transitu when
traveling through a Third State on the way to or
from the receiving State
Waiver of Immunities
GR: waiver cannot be made by the individual
concerned since such are not personal to him.
Waiver by the government of the sending State
if it concerns the immunities of the head of mission
Other cases, by the government or chief of the
mission
Waiver does not include waiver of immunity
with respect to execution of judgment separate
waiver necessary
Termination of Diplomatic Mission
1) Death
2) Resignation
3) Removal
4) Abolition of office
5) Recall by the sending state
6) Dismissal by receiving state
7) War between sending and receiving
8) Extinction of state
Consular Relations
- Consuls: State agents residing abroad for
various purposes, mainly in the interest of
commerce and navigation.
- Kinds
1) Consules missi professional and career
consuls; nationals of appointing state
2) Consules electi selected by appointing state
from its own citizens or among national abroad
- Ranks
1) Consular General heads several consular
districts, or one exceptionally large consular district
2) Consul takes charge of a small
district/town/port
3) Vice Consul assist the consul
VI. TREATIES
Treaty
- International agreement concluded between
States in written form and governed by international
law, whether embodied in a single instrument of in
145
2 or more instruments and whatever its particular

designation.
- Agreement
between
States
including
international organizations of States intended to
create legal rights and obligations of the parties.
- Executive agreement, under municipal law, is
not a treaty. But from the standpoint of international
law, equally binding as treaties.
- Qatar vs. Bahrain: Minutes to a Meeting and
exchange of letters constitute an international
agreement creating rights and obligations for the
parties.
Doctrine of jus cogens customary international

law has the status of peremptory norm of
international law, accepted and recognized by the
international community of states as a rule from
which no derogation is permitted.
A treaty which contravenes such norms/rules
may be invalidated.
Official torture of prisoners is violation of
principle of jus cogens (Human Rights Cases vs.
Marcos)
5) Ratification in accordance with constitutional
processes of the parties concerned
Concurrence in by at least 2/3 of all the
members of the Senate.
Form
- Article 2, 1969 Vienna Convention on the Law
of Treaties, treaties should be in writing.
- Article 3, fact that treaty is unwritten shall not
affect its legal force.
- But that convention rules on matters governed
by international law independently of convention
shall apply and that convention rules shall apply to
the relations of the States among themselves.
- 1969 Convention on the Law of Treaties
treaties executed between states
- 1986 Vienna Convention in Treaties for
International Organizations treaties executed
between States and International Organizations
Treaties and Executive Agreements

Treaties
Basic political issues
Changes in national
policy
Executive Agreements
Adjustment of detail
carrying
out
wellestablished
national
policies
Permanent international Temporary arrangements
arrangements
When there is a dispute as to whether or not an
international agreement is purely an executive
agreement, the matter is referred to the Secretary of
Foreign Affairs who will then seek the comments of
the SENATE REPRESENTATIVE and the LEGAL
ADVISER of the DFA and after consultation with
the Senate leadership, the Secretary shall then make
the appropriate recommendations to the President.
Requisites for Validity

1) Treaty-making capacity
Possessed by every state as attribute of
sovereignty
International organization, deemed to possess
such, may be limited by the purpose and
constitution of such organization.
2) Competence of the representative/organ
concluding the treaty
Generally, exercised by Head of State.
In the Philippines, President w/ concurrence by
2/3 of all members of the Senate
3) Parties must freely given consent
Doctrine of Unequal Treaties imposed through
coercion or duress by a State of unequal character is
void.
4) Object and subject matter must be lawful
Within the commerce of nations and in
conformity with international law.
Treaty-making Process
1) Negotiations
Pleine pouvoirs
Even w/o such, it has been the general practice
to consider the following as representatives of the
State for treaty negotiations:
1) Head of State
2) Head of Government
3) Foreign Minister
4) Head of diplomatic missions
5) Representative accredited by the State to an
international conference or to an international
organization
2) Signing of the Treaty
146
Principle of alternat order of the naming of the

parties and of the signatures of the plenitpotentiaries
is varied so that each party is named and its
plenipotentiary signs first in the copy of the
instrument to be kept by it.
3) Ratification
Provisions of a treaty are formally confirmed
and approved by a State and by which the State
expresses its willingness to be bound by the treaty
Philippines power to ratify is with the
President, subject to concurrence by 2/3 of all the
members of the Senate
Accession or Adhesion non-signatory State
becomes a party to the treaty; by invitation or
permission of the contracting parties, a 3rd party
who did not participate or who did not ratify on
time, may be bound by a treaty.
Reservation: unilateral statement made by a
State when signing, ratifying, accepting, approving
or acceding to a treaty, whereby it purports to
exclude or modify the legal effect of certain
provisions of the treaty in their application to the
State.
Remains to be a party to the treaty as long as
reservation is compatible with the object and
purpose of the treaty.
4) Entry into Force
In such manner and on such date as it may
provide, or as the negotiating parties may agree.
Absence of such provision, as soon as consent
of all the parties to be bound by the treaty is
established.
Consent deemed established:
1) Exchange of instruments of ratification
2) Deposit of such instrument with a named
depositary, coupled with the notification to the
contracting State of such deposit.
Registration with and publication by the UN
failure does not affect the validity of the treaty; only
that the unregistered instrument cannot be invoked
by any party before any organ of the United
Nations.
1) Process of Accession or Adhesion

2) Most favored Nation Clause contracting State
entitled to the clause may claim the benefits
extended by the latter to another State in a separate
agreement.
3) Formal expression of customary international
law
4) Treaty expressly extends benefits to nonsignatory States
Fundamental principles
1) Pacta sunt servanda
Treaties must be observed in good faith.
If necessary, State must modify its national
legislation to make them conform to the treaty, to
avoid international embarrassment
Philippines treaty may be invalidated if
contrary to Constitution
Tanada vs. Angara: Treaties do not limit or
restrict sovereignty of a State; by their voluntary
act, States may surrender some aspects of their
power in exchange for greater benefits granted by or
derived from a convention or pact.
2) Rebus sic stantibus
Contracting States obligations under a treaty
terminates when a vital or fundamental change or
circumstances occurs, thus allowing a State to
unilaterally withdraw from a treaty, because of
disappearance of the foundation upon which it
rests.
Doctrine does not operate automatically, there
must be a FORMAL ACT OF REJECTION, usually
by the HEAD OF STATE, with a statement of the
REASONS why compliance with the treaty is no
longer required.
Requisites
1) Change must be so substantial that the
foundation of the treaty must have altogether
disappeared
2) Change must have been unforeseen or
unforeseeable at the time of the perfection of the
treaty
3) Change must not have been caused by the party
invoking the doctrine
4) Doctrine must be invoked within a reasonable
time
5) Duration of the treaty must be indefinite
6) Doctrine cannot operate retroactively
When non-signatories may be bound by a treaty

GR: treaties cannot impose obligations upon
States not parties to them. (Pacta tertiis nocent nec
prosunt)
Exception
147
- Determination of a persons nationality 1930

Hague Convention on Conflict of Nationality Laws
1) For each state to determine under its own law
who are its nationals
2) Question as to whether a person possesses the
nationality of a particular State shall be determined
in accordance with the law of that State.
Interpretation of Treaties
- Interpreted in good faith
- Ordinary meaning given to the terms
- In the light of its objects and purposes
- Consider:
1) Preamble
2) Text
3) Annexes
4) Agreements relating to the treaty
5) Subsequent agreements
- Mode of Acquisition of Nationality

1) Birth
Jus sanguinis (by blood)
Jus soli (by place of birth)
2) Naturalization
Accomplished through:
1) Marriage
2) Legitimation
3) Election
4) Acquisition of domicile
5) Appointment to government office
6) Grant on application
In the Philippines
1) Judicial process
2) Legislative process
3) Election
4) Marriage
No obligation on the part of the State of his
nationality to recognize a persons newly acquired
nationality.
3) Repatriation recovery of nationality by
individuals who were natural-born citizens of a
State but who had lost their nationality.
4) Subjugation
5) Cession
Amendment/Modifications
Consent of all the parties is required
If allowed by the treaty itself, 2 States may
modify a provision only insofar as they are
concerned.
Termination of Treaties
1) EXPIRATION of the term or WITHDRAWAL
of a party
2) EXTINCTION of one of the parties (bipartite
treaties)
When the rights and obligations under the treaty
would not devolve upon the State that may succeed
the extinct State
3) MUTUAL AGREEMENT of ALL the parties
4) DENUNCIATION or DESISTANCE
The right to give notice of termination or
withdrawal right of denunciation
5) SUPERVENING
IMPOSSIBILITY
of
performance
6) CONCLUSION
of
SUBSEQUENT
INCONSISTENT TREATY
7) LOSS of the subject matter
8) MATERIAL BREACH or violation
9) REBUS SIC STANTIBUS
10) Outbreak of WAR, unless the treaty precisely
relates to the conduct of war
11) SEVERANCE of diplomatic relations
12) Doctrine of JUS COGENS or emergence of
NEW PEREMPTORY NORM of general
international law which renders void any existing
treaty conflicting with such norm.
Loss of Nationality
1) Release
2) Deprivation
3) Renunciation
4) Substitution
Multiple Nationality
Possessed of mope than one nationality because
of the concurrent application to him of the
municipal laws of 2 or more states claiming as their
national.
Arise by:
1) Concurrent application to him of the principles
of jus sanguinis and jus soli
VII. NATIONALITY AND STATELESSNESS

Nationality membership in a political community
with rights and duties
148
2) naturalization w/o renunciation of the original

nationality
3) legitimation
4) legislative action
Policy in the Philippines- dual allegiance is
inimical to national interest and shall be dealt with
by law.
Resolution of conflicts in Multiple Nationality
Cases
1930 Hague Convention on the Conflict of
Nationality Law
1) A person having 2 or more nationalities
regarded as national by each of the States; AND a
state may not give diplomatic protection to one of
its nationals against a State whose nationality that
person possesses.
2) If a person has more than one nationality, he
shall within a 3rd state, be treated as if he had only
one; the third State shall recognize exclusively
either the nationality of the State in which he is
habitually and principally resident or the nationality
of the State with which he appears in fact to be most
closely connected Principle of Effective
Nationality
3) If a person, without any voluntary act of his
won, possesses double nationality, he may renounce
one of them with the permission of the State whose
nationality he wishes to surrender and, subject to
the laws of the State concerned, such permission
shall not be refused if that person has his habitual
residence abroad.
- Contracting states also agreed to grant to

stateless persons within their territories as favorable
as possible, in any event, not less favorable than
that accorded to aliens:
1. acquisition of movable and immovable property
2. right of association in non-political and nonprofit-making associations and trade unions
3. gainful employment and practice of liberal
profession
4. housing and public education other than
elementary
5. freedom of movement
VIII. TREATMENT OF ALIENS
General Rule: Flowing from its right of existence
and as an attribute of sovereignty, no State is under
obligation to admit aliens.
Power to regulate the entry and stay of aliens,
and the State has the right to expel aliens from its
territory
through
DEPORTATION
or
RECONDUCTION.
DEPORTATION or EXPULSION
Menace to the security of the State
Entry was illegal
Permission to stay has expired
Violated any limitation or condition prescribed
for his admission and continued stay.
RECONDUCTION
Forcible conveying of aliens back to their home
States
Destitute aliens
Vagabonds
Aliens without documents
Alien criminals
Home state of such aliens has the obligation to
receive them
Alien must accept the institutions of the State.
He may be deprived of certain rights.
Local laws may grant him certain rights and
privileges based on:
1. reciprocity
2. most-favored-nation treatment
3. national treatment (equality between nationals
and aliens in certain matters)
privileges may be revoked, subject to treaty
stipulations.
Statelessness
- Status of having no nationality, as a
consequence of being BORN WITHOUT A
NATIONALITY or as a result of DEPRIVATION or
LOSS OF NATIONALITY.
- 1954 Convention Relating to the Status of
Stateless Persons contracting states agreed to
grant to stateless persons within their territories
treatment at least as favorable as that accorded to
their nationals with respect to:
1. freedom to practice their religion and freedom
as regards the religious education of their children
2. access to courts
3. rationing of products in short supply
4. elementary education
5. public relief and assistance
6. labor legislation and social security
149
Doctrine of State Responsibility

a State is under obligation to make reparations
to another State for the failure to fulfill its primary
obligation to afford, in accordance with
international law, the proper protection due to the
alien national of the latter State.
The State may be held liable for injuries and
damages sustained by the alien if:
1. Act or omission constitutes an international
delinquency
International Standard of Justice standard of
reasonable state and notions accepted in modern
civilization.
1. laws of the State fall below the international
standard, it is no defense that such laws are
applicable not only to aliens but to nationals
doctrine of equality of treatment not applicable
2. independence of the courts of the State and
unless the misconduct is extremely gross, the law
does not lightly hold a State responsible for any
error committed by the Courts
2. Act or omission is directly or indirectly
imputable to the State
Even when the laws of the State conform to
International standard, if it does not make
reasonable efforts to prevent injury to alien or
having done so unsuccessfully, fails to repair such
injury.
The act or omission that may give rise to
liability may either be:
1. acts of government officials
primary agents
give rise to direct state responsibility
acts of high administrative officials
officer acts beyond the scope of his authority,
his act is likened to an act of a private individual.
Acts of a minor or subordinate official to give
rise to liability, there must be a denial of justice or
something which indicates complicity of the State
in, or condonation of, the original wrongful act,
such as an omission to take disciplinary action
against the wrongdoer.
2. acts of private individuals
For State to be liable, there must be actual or
tacit complicity of the government in the act, before
of after it, either by directly ratifying or approving
it, or in the patent or manifest negligence in taking
measures to prevent injury, investigate the case,
punish the guilty or to enable the victim to pursue

his civil remedies against the offender.
The claimant has the burden of proving.
3. Injury to the claimant State indirectly because of
damage to its national
Enforcement of Aliens Claim
1. Exhaustion of Local Remedies
Because the State must be given an opportunity
to do justice in its own regular way and without
unwarranted interference with its sovereignty by
other states.
N/A if:
1. no remedies to exhaust, e.g. laws are
intrinsically defective
2. courts are corrupt
3. no adequate machinery
4. international delinquency results from an act of
state
Calvo Case: alien waives or restricts his right to
appeal to his own state in connection with any claim
arising from the contract and agrees to limit himself
to the remedies available under the laws of the local
state.
Does not mean that the aliens state is deprived
of the right to protect or vindicate its interest in case
they are injured in another state, as such waiver can
be legally made by the state, not the alien.
2. Resort to Diplomatic Protection
After exhaustion of local remedies, alien must
avail himself of the assistance of his state.
Tie of nationality time of injury until time
international claim is finally settled.
UN may file diplomatic claim on behalf of its
officials.
European Commission on HR and also
contracting states other than the state of the injured
individual may bring alleged infractions of the
European Convention on HR before the European
Court of HR.
3. Modes of Enforcement of Claims
Negotiations or other modes of settling dispute.
When responsibility is established:
1. Reparation
2. Satisfaction
3. Compensation
4. all three
150
Extradition
- surrender of a person by one state to another
state where he is wanted for prosecution or
punishment (if already convicted)
1. REQUEST through diplomatic channels,

accompanied by necessary papers
Identity of wanted person
Crime
alleged
to
have
been
committed/convicted
2. JUDICIAL INVESTIGATION, after receipt of
the request, state of refuge shall investigate to
ascertain if the crime is covered by the extradition
treaty and if there prima facie case against the
fugitive according to its own laws.
If there is, WARRANT IF SURRENDER and
fugitive delivered to the state of refuge.
Sui generic and not criminal proceedings no
automatic application of the Bill of Rights
Do not involve the question of guilt or
innocence of the person to be extradited
Savarkar Case: Abduction of the fugitive in the
state of refuge is not allowed violation of the
territorial integrity of the state of refuge; BUT if
effected with the help of the nationals of the state of
refuge itself, then the state of refuge cannot later
demand the return of the fugitive.
Basis
treaty
local state may grant asylum, or
if there is surrender, the same is merely a
gesture of comity
Deportation
expulsion of an alien who is considered
undesirable by local state, usually but necessarily to
his own state
unilateral act of the local state and is made in its
own interests
Extradition
surrender of a fugitive by one state to another
where he is wanted for prosecution or punishment.
Surrender is made at the request of the latter
state on the basis of a treaty.
RPs Extradition Treaties

non-list types of double criminality approach
(no traditional listing of crimes):
1. Australia
2. Canada
3. Indonesia
4. Micronesia
5. Switzerland
Fundamental Principles:
1. Based on CONSENT treaty or goodwill
2. PRINCIPLE OF SPECIALTY fugitive who is
extradited may be tried only for the crime specified

in the request for extradition and included in the list
of offenses in the extradition treaty.
State of refuge has the right to object to a
violation
Non-list types of extradition treaties
offenses punishable under the laws of both states by
imprisonment on 1 year or more are included
among extraditable offenses.
3. ANY PERSON may be extradited
4. POLITICAL AND RELIGIOUS OFFENDERS
are generally not subject to extradition
5. Offense must have been COMMITTED
WITHIN the territory or AGAINST THE
INTERESTS of the demanding state
6. RULE OF DOUBLE CRIMINALITY. Act for
which extradition is sought must be punishable in
both the requesting and requested states.
Letters Rogatory
- Formal communication from a court in which an
action is pending, to a foreign court, requesting that
the testimony of a witness residing in such foreign
jurisdiction be taken under the direction of the
court, addressed and transmitted to the court making
the request.
- Power to issue letters rogatory is inherent in
courts of justice
Asylum
- Power of the state to allow an alien who has
sought refuge from prosecution or persecution to
remain within the territory and under its protection
- Never been recognized as a principle of
international law.
Procedure for Extradition

151
life or freedom is threatened. The state is under

obligation to grant him temporary asylum)
IX. SETTLEMENT OF DISPUTES
Principles on Asylum
Territorial Asylum
Exists when stipulated in a treaty or justified by
established usage.
May depend on the liberal attitude of the
receiving state, territorial supremacy
Diplomatic Asylum
Exists when stipulated in a treaty or justified by
established usage.
Within narrowest limits or when the life or
liberty of the person is threatened by imminent
violence.
International Disputes
Actual disagreement between States regarding
the conduct to be taken by one of them for the
protection or vindication of the interests of the
other.
Situation initial stage of dispute
Pacific or Amicable Modes
Article 3 of the UN Chapter
Parties to any dispute, the continuance of which
is likely to endanger the maintenance of
international peace and security shall seek a
solution by:
1. Negotiation
States settle their differences through an
exchange of views between diplomatic agencies.
2. Enquiry
Ascertainment of pertinent facts and issues
3. Tender of Good Offices
Where a third party, either alone or in
collaboration with others, offers to help in the
settlement of a dispute.
When the offer is accepted exercise of good
offices
4. Mediation
Third party offers to help with a solution,
usually based on compromise.
It offers a solution while good offices brings the
parties together.
5. Conciliation
Active participation of a third party, solicited by
the disputants, in an effort to settle the conflict.
Conciliators recommendations are not binding.
6. Arbitration
Solution of a dispute by an impartial third party
usually a tribunal created by the parties under a
charter known as a compromis.
7. Judicial Settlement
Similar to arbitration:
1. nature of the proceedings
2. binding character of the award
Differences:
Rule in the Philippines

Generally, diplomatic asylum cannot be granted
except to members of the official or personal
household of diplomatic representatives
On humanitarian grounds may be granted to
fugitives, whose lives are in imminent danger from
mob violence but only during the period when
active danger persists.
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
Judicial Settlement
152
Arbitration
communication or transportation n(could be

violative of UN Charter)
d. Non-intercourse suspension of all intercourse
with the offending state, in matters of trade and
commerce
e. Boycott concerted suspension of commercial
relations with the offending state, particularly, the
refusal to purchase goods.
4. Intervention
5. other Peaceful Means
Judicial body is pre- Arbitrary body is ad hoc

existing
Jurisdiction is usually
compulsory
Law
applied
is
independent of the will
of the parties
Judicial settlement of
international dispute is
now lodges in the
International Court of
Justice
Role of the United Nations

- Methods of settling disputes do not succeed, UN
may be asked or may decide on its own authority to
take a hand in the settlement
- Security Council or the General Assembly
Optional Jurisdiction Clause

ICJs jurisdiction is based on consent of the
parties.
BUT Article 36 of the Statute of the
International Court of Justice provides that
states/parties to the Statute recognize the
jurisdiction of the Court over disputes concerning:
1. interpretation of a treaty
2. any question of international law
3. existence of any fact which would constitute a
breach of international obligations
4. nature or extent of the reparation to be made
for such breach
8. Resort to Regional Agencies or Arrangements
Parties may of their own volition or at the
instance of the organization itself, assume the
obligation of settling the dispute.
Security Council
- Intervene in all disputes affecting international
peace and security and in all disputes which
although coming under the domestic jurisdiction
clause, have been submitted to it by the parties for
settlement.
a. Security Council will recommend appropriate
measures; consider amicable measures or refer
matter to ICJ;
b. If unsuccessful, Security Council may
recommend such terms of settlement as it may deem
appropriate; and
c. If the terms of settlement are rejected, Security
Council may take:
Preventive Action
Not involving use of armed force
E.g. complete or partial interruption of
economic relations, and of rail, sea, air, postal,
telegraphic,
radio
or
other
means
of
communications and severance of diplomatic
relations.
Enforcement Action
By air, sea or land forces as may be necessary to
maintain or restore international peace and security
including demonstrations, blockades and other
operations by air, sea or land forces of members of
the UN.
Member state is obliged to render assistance in
carrying out the measures decided upon by the
Security Council.
Hostile Methods
- Pacific methods have failed.
- Includes:
1. Severance of Diplomatic Relations
2. Retorsion unfriendly but lawful, coercive acts
done in retaliation for unfair treatment and acts of
discrimination of another state. (e.g. levy of high
discriminatory tariffs on goods)
3. Reprisal unfriendly and unlawful acts in
retaliation for reciprocal unlawful acts of another
state:
a. Freezing of the assets of the nationals of the
other state
b. Embargo forcible detention or sequestration of
vessels and other property of the offending state.
c. Pacific blockade prevention of entry/exit from
the ports of the offending state of means of
153
General Assembly
- If the Security Council because of lack of
unanimity fails to exercise its primary responsibility
to maintain peace and security, the General
Assembly shall consider making recommendations
including the use of armed forces when necessary.
Multipartite treaties dealing with technical or

administrative matters are merely
suspended as
between belligerents.
(4) Individuals are impressed with enemy character:
a. Nationality test nationals of the other
belligerent, wherever they may be
b. Domicillary test domiciled aliens in the
territory of the other belligerent on the assumption
that they contribute to its economic resources
c. Activities test if being foreigners, they
participate in the hostilities in favor of the other
belligerent
(5) Corporations and other juridical persons are
considered enemies:
a. where the controlling stockholders are nationals
of the other belligerent OR
b. if incorporated in the territory or under the laws
of the other belligerent and may not be allowed to
continue operations.
(6) Enemy public property found in the territory of
the other belligerent at the outbreak of the war is
subject to confiscation;
Private property is subject to requisition.
State may, in time of war, authorize and provide
for seizure and sequestration, through executive
channels, of properties believed to be enemyowned, if adequate provision is made for their
return in case of mistake.
X. WAR AND NEUTRALITY

War
Contention between 2 states, through their
armed forces, for the purpose of overpowering the
other and imposing such conditions of peace as the
victor pleases.
Does not mean the mere employment of force.
If a nation declares war, war exists though no
force has yet been used.
Outlawry of War
Condemnation of war on an international scale
Covenant of the League of Nations: conditions
for the right to go to war
Kellogg-Briand Pact of 1928 or General Treaty
for Renunciation of War: forbade war as an
instrument of national policy
Charter of the United Nations: prohibits the
threat or use of force against the territorial integrity
or political independence of a state.
Participants in War
1. Combatants those who engage directly in the
hostilities
2. Non-combatants those who do not
Commencement of War
a. Declaration of war
b. Rejection of an ultimatum
c. Commission of an act of force regarded by one
of the belligerents as an act of war
Combatants may be:

1. Non-privileged: like spies, who under false
pretenses try to obtain vital information from the
enemy ranks and who, then caught, are not
considered prisoners of war.
2. Privileged : who, when captured, enjoy the
privileges of prisoners of war:
a. Regular armed forces
b. Ancillary services
c. Accompany the armed forces
d. Levees en masse, inhabitants of unoccupied
territory who, on approach of the enemy,
spontaneously take up arms to resist the invading
troops without having had time to organize
Effects of Outbreak of War

(1) Laws of peace cease to regulate the relations
between the belligerents and are superseded by laws
of war;
Third states are governed by laws of neutrality
in their relations with the
belligerents;
(2) Diplomatic and consular relations are
terminated;
Representatives are allowed to return to their
countries;
(3) Treaties of political nature are automatically
cancelled, except those intended to operate during
the war;
154
themselves, provided they carry arms openly and

observe the laws and customs of war;
e. Franc tireursm, or guerillas, provided they are
commanded by a person responsible for his
subordinates, wear a fixed distinct emblem
recognizable at a distance, carry their arms openly,
and conduct their operations according to the laws
and customs of war; and
f. Officers and crew of merchant vessels who
forcibly resist attack.
combatants of similar ranks and functions in the

armed forces of that party.
Conduct of Hostilities.
Three Basic Principles
Principle of Military Necessity
The belligerent may employ any amount of force to
compel the complete submission of the enemy with
the least possible loss of lives, time and money.
Principle of Humanity
Prohibits the use of any measure that is not
absolutely necessary for the purposes of the war.
Humanitarian Convention in Armed Conflict
The right of the parties to adopt means of injuring
the enemy is not unlimited
Parties are prohibited to launch attacks against the
civilian population as such
Distinction must be made at all times between
persons taking part in the hostilities and members of
the civilian population, to spare the latter as much
as possible.
Enforcement action undertaken by UN is not war in
the traditional sense, as it is employed only to
maintain international peace and security,
humanitarian rules of warfare should still govern.
Rights of Prisoners of War

1949 Geneva Convention
Treated humanely
Not subject to torture
Allowed to communicate with their families
Receive food, clothing. Religious articles, etc.
Spies
Individual is deemed a spy only if,
a. Acting clandestinely or under false pretenses
b. He obtains or seeks to obtain information in the
zone of operations of a belligerent
c. With the intention of communicating it to the
hostile party.
When captured, may be proceeded against under
the municipal law of the belligerent.
Although under the Hague Convention, may not
be executed without a trial.
But if captured after he has succeeded in
rejoining his army, must be treated as a prisoner of
war.
Scouts or soldiers in uniform who penetrate the
zone of operations of the hostile army to obtain
information are NOT spies.
Principle of Chivalry
Prohibits the belligerents from the employment
of perfidious or treacherous methods.
Belligerent Occupation
Temporary military occupation of the enemys
territory during the war.
Maintains effective control and military
superiority and being able to send sufficient forces
to assert its authority within a reasonable time.
Mercenaries
Protocol I to the 1949 Geneva Convention
Mercenaries shall not have the rights of
combatants or of prisoners of war.
To be considered a mercenary
a. The person must be a specially recruited to fight
for a particular armed conflict
b. Must take direct part in the hostilities
c. Motivated essentially by the desire for personal
gain and is provided material compensation
substantially in excess of that promised or paid to
Effects
No change in sovereignty, but exercise of the
powers of sovereignty is suspended.
Political laws, except the laws on treason, are
suspended.
Municipal laws remain in force.
Rights and Duties of Belligerent Occupant
1. Re-establish or continue the processes of orderly
administration, including enactment of laws.
2. Adopt measures for the protection of the
inhabitants
155
3. Requisition (sequester) goods with proper cash

or future payment and services in non-military
projects (Conscription is prohibited)
4. Demand taxes and contributions to finance
military and local administrative needs
Foraging: the actual taking of provisions for
men and animals by the occupation troops where
lack of time makes it inconvenient to obtain
supplies by usual or ordinary methods.
Compensation must be paid at the end of the
war.
5. Issue legal currency
6. Use enemy property, public or private, but
private property is subject to indemnification or
return at the end of the war.
Protection granted by a commanding officer to

enemy persons or property within his command
Usually with an escort or convoy of soldiers
providing the needed protection.
Licenses to Trade
Permission given by competent authority to
individuals to carry on trade though there is state of
war.
Suspension of Hostilities
Suspension of Arms
Temporary cessation of hostilities
By agreement of the local commanders
For the purposes of gathering of the wounded
and burial of the dead
Right of Angary
Right of belligerent state, in cases of extreme
necessity, to destroy or use neutral property on its
own or on enemy territory or on the high seas
Armistice
Suspension of hostilities within a certain area or
in the entire region of the war
Agreed upon by the belligerents
Usually for the purpose of arranging the terms
of the peace
Non-Hostile Intercourse
Flag of Truce
White in color desire to communicate with
the enemy
Agent (parlementaire) enjoys inviolability and is
entrusted with the duty of negotiating with the
enemy.
Cease-Fire
Unconditional stoppage of hostilities
Usually ordered by an international body
Cartels
Agreements to regulate intercourse during the
Truce
Conditional cease-fire for political purposes
Usually on the exchange of prisoners of war
Capitulation
Surrender of military forces, places or districts
in accordance with rules of military honor.
war
Passport
Written permission given by the belligerent
government
To the subjects of the enemy
To travel generally in the belligerent state
Termination of War
1. Simple Cessation of Hostilities
Principle of uti possidetis with respect to
property and territory possessed by the belligerents
is applied.
2. Conclusion of a negotiated treaty of peace
3. Defeat of one of the belligerents
Followed by a dictated territory of peace or
annexation of conquered territory.
Sage-conduct
Permission given to an enemy subject or to an
enemy vessel
Allowing passage between defined points
Safeguard
Postliminium
156
Revival
sovereignty
belligerent
belligerent
affected.
or reversion to the old laws and

of territory which has been under
occupation once control of the
occupant is lost over the territory
Distinguished from Uti Possidetis

Uti Possidetis alloaws retention of property or
territory in the belligerents actual possession at the
time of the cessation of hostilities.
War Crimes
- Acts for which soldiers or other individuals may
be punished by the enemy on capture of the
offender.
- War Criminal: any person civilian or member
of the armed forces of the State, who commits an
act that violates a rule of international law
governing armed conflicts
Neutrality and Neutralization
Neutrality
Non-participation in a war between contending
belligerents
Exists only during war
Governed by the law of nations
Naturalization
Result of a treaty wherein conditions of the status
are agreed upon by the neutralized state and other
signatories
Exists both in times of war and of peace
Governed by the agreement entered into by and
between the parties
A permanently neutral or neutralized state is one
whose independence or integrity is guaranteed by
other states, under the condition that such state
binds itself never to participate in an armed conflict
or military operation except for individual selfdefense.
In Cold War, the states which sided with neither
the democracies nor the communists were referred
to as neutralist or non-alligned states.
Non-belligerency did not take part in military
operations but which did not observe the duties of a
neutral.
o Mid-way between a neutral and a belligerent
o Not recognized in international law
Neutrality under UN Charter

o Because of enforcement action that UN may
undertake, absolute neutrality cannot exist among
UN Members
Rules of Neutrality
Neutrals have the right and duty:
Abstain from taking part in the hostilities and from
giving assistance to either belligerents by:
Sending of troops
Official grant of loans
Carriage of contraband
Contraband goods which, although neutral
property, may be seized by a belligerent because
they are useful for war and are bound for a hostile
destination.
i.
Absolute useful for war under all
circumstances (guns/ammunitions)
ii.
Conditional have both civilian and military
utility (food and clothing)
iii.
Free list exempt from the law on contraband
for humanitarian reasons (Medicines)
Doctrine of Ultimate Consumption goods
intended for civilian use which may ultimately find
their way to and be consumed by belligerent forces
may be seized on the way.
Doctrine of Infection innocent goods shipped
with contraband may also be seized
Doctrine of continuous voyage/continuous
transport goods reloaded at an intermediate port
on the same vessel or reloaded on another vessel or
other forms of transportation may also be seized
Doctrine of Ultimate Consumption
Engaging in Unneutral Services acts of a more
hostile character than carriage of contraband or
breach of a blockade, undertaken by merchant
vessels of a neutral state in aid of any of the
belligerents.
To prevent its territory and other resources from
being used in the conduct of hostilities
To acquiesce to certain restriction and limitations
which the belligerents may find necessary to
impose:
Blockade hostile operation where vessels and
aircraft of one belligerent prevent all other vessels
(including neutral states) from leaving or entering
the port or coasts of the other belligerent; Purpose
157
shut off the place from international commerce

and communications with other states. (Pacific
Blockade: applies only to vessels of blockaded
stated, not to those of others)
To be valid:
1. blockade must be binding (duly communicated
to neutral states)
2. effective
3. established by competent authority of
belligerent government
4. limited only to the territory of the enemy
5. impartially applied to all states
*LIABILITY OF A NEUTRAL VESSEL TO
CAPTURE FOR BREACH OF THE BLOCKADE
IS
CONTINGENT
ON
ACTUAL
OR
PRESUMPTIVE
KNOWLEDGE
OF
THE
BLOCKADE.
Visit and Search to the authority of the prize courts
Belligerent warships and aircraft have the right to
visit and search neutral merchant vessels to
determine whether they are in any way connected
with the hostilities.
Vessels captured for engaging in hostile activities
are considered as prize.
They may not be confiscated summarily but brought
before prize court a tribunal established by a
belligerent under its own laws; in its territory or
territory of its allies; applying international law in
the absence of special municipal legislation.
Termination of Neutrality
(1)
Conclusion of a treaty or peace between
belligerents
(2)
Neutral state itself joins war
158

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Nachura Notes Constitutional Law

A. Political Law branch of public law which deals

2. Administrative Law Fixes the organization of

4. Qualities of a good written Constitution

II. THE PHILIPPINE CONSTITUTION

A. Nature of the Constitution

6. Interpretation/Construction of the Constitution

Nachura Notes Constitutional Law

a. Verba legis: given their ordinary meaning except

B. Brief Constitutional History

Nachura Notes Constitutional Law

- The people have to be given a proper frame of

- A taxpayer, or group of taxpayers, is a proper

E. The Power of Judicial Review

5. Effects of Declaration of Unconstitutionality

Nachura Notes Constitutional Law

- Modern View: certain legal effects of the statute

(2) Ministrant intended to promote the welfare,

III. THE PHILIPPINES AS A STATE

State is a legal or juristic concept; nation is an

Sovereignty: supreme and uncontrollable power

Archipelago Doctrine: the waters around, between

Functions of the Government:

Nachura Notes Constitutional Law

against its national interests even if the offenders

Effects of Change in Sovereignty: Political laws

State Immunity from Suit: The State cannot be sued

Personal: power of the State over its

Nachura Notes Constitutional Law

provide that they can sue and be sued. (Section 22

against it. Such execution will require another

Suit Against Public Officers: The doctrine of state

Where a public officer has committed an ultra vires

Scope of consent: consent to be sued does not

Nachura Notes Constitutional Law

Who may exercise the power

Who may exercise?

Limitations (test for valid exercise)

Reckoning point of market value of the property

Principal criterion in determining just

For Municipal Ordinances to be Valid:

Entitlement of owner to interest

Nachura Notes Constitutional Law

In some expropriation cases, the court imposes

(2) Alienable lands of the public domain

Who else may be entitled to just compensation

Title to the property

The mode of expropriation is subject to 2

Right of landowner in case of non-payment of

Small property owners:

Due process of law

The plaintiffs right to dismiss the complaint has

Limitations on the exercise

Right to repurchase or re-acquire the property

Lands for socialized housing are to be acquired in

Nachura Notes Constitutional Law

Charitable institutions, churches and parsonages

Police Power vs. Taxation

Principle of Blending of Powers

Kinds of license fee

A purely justiciable question implies a given right,

Political question is a question of policy. It refers to

Nachura Notes Constitutional Law

(2) Kellogg-Briad Pact of 1928