Professional Documents
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CONSTITUTIONAL
LAW I
POLITICAL LAW 2010
CONSTITUTIONAL
LAW II
PUBLIC
INTERNATIONAL LAW
Copyright and all other relevant rights over this material are
owned jointly by the University of the Philippines College of ADMINISTRATIVE
LAW
Law, the Faculty Editor and the Student Editorial Team.
The ownership of the work belongs to the University of the ELECTION LAW
Philippines College of Law. No part of this book shall be
reproduced or distributed without the consent of the UP LAW ON
College of Law. PUBLIC OFFICERS
CONSTITUTIONAL LAW 1
Table of Contents
CONSTITUTIONAL LAW II
Table of Contents
B. Rights of the Coastal State over the B. Hors de combat ............................ 159
Continental Shelf ...................................148 C. Protected Persons ........................ 159
C. Rights with Respect to Continental D. Martens clause ............................. 159
Shelf vs. EEZ.........................................148 E. Military Objective .......................... 159
V. Settlement of Disputes ......................149 F. Belligerency Status ....................... 159
A. Peaceful Settlement of Disputes ..149 VII. IHL and Weapons of Mass
B. Compulsory Settlement of Disputes Destruction................................................. 160
149 VIII. IHL and Non-International Armed
C. Jurisdiction of Court or Tribunal....149 Conflict 160
D. Composition of the International A. Common Article 3 and Protocol II. 160
Tribunal for the Law of the Sea (ITLOS)149 B. Control-of-Territory ....................... 161
E. Jurisdiction of ITLOS ....................149 C. War of National Liberation ............ 161
F. Applicable Laws in Settlement of IX. Neutrality ........................................... 161
Disputes by the ITLOS ..........................149 X. Protective Emblems .......................... 161
A. Who May Use ............................... 162
Chapter VIII. The Use of Force in B. Misuse of the Emblem .................. 162
International Law..........................................150 C. Punishment................................... 162
I. Jus Ad Bellum v Jus in Bello .............150 XI. The International Criminal Court ....... 162
II. Rules on the Use of Force ................150 A. Crimes within the Courts Jurisdiction
A. General Rule.................................150 162
B. Exceptions ....................................150 B. Modes of Incurring Criminal Liability
163
Chapter IX. International Human Rights Law C. Sources of Law ............................. 163
.......................................................................152 D. Other Key Concepts ..................... 163
I. Definition of Human Rights ...............152 E. Landmark Cases .......................... 163
II. Classification of Human Rights .........152
III. Internationalization of Human Rights Chapter XI. Diplomatic Intercourse ............ 165
152 I. Agents of Diplomatic Intercourse...... 165
IV. Sources of Human Rights .................152 A. Head of State................................ 165
A. Convention....................................152 B. The Foreign Office........................ 165
B. Custom..........................................152 C. The Diplomatic Corps ................... 165
V. International Bill of Human Rights.....153 II. Functions and Duties ........................ 165
A. Universal Declaration of Human III. Diplomatic Immunities and Privileges165
Rights (UDHR).......................................153 A. Personal Inviolability..................... 165
B. International Covenant on Civil and B. Inviolability of Premises and Archives
Political Rights (ICCPR) ........................153 166
C. International Covenant on Economic, C. Right of Official Communication ... 166
Social and Cultural Rights (ICESCR) ....154 D. Immunity from Local Jurisdiction .. 166
D. Common Provisions in the ICCPR E. Exemption from Taxes and Customs
and the ICESCR and differences ..........154 Duties .................................................... 166
VI. Specific Norms in Human Rights ......154 IV. Consular Relations............................ 167
A. Genocide.......................................154 A. Ranks............................................ 167
B. Torture ..........................................155 B. Necessary Documents ................. 167
C. Rights of the Child ........................155 C. Immunities and Privileges............. 167
D. Law against Discrimination ...........155
E. Refugee Law.................................156 Chapter XII. Recent International Law Issues
in Philippine Law.......................................... 168
Chapter X. International Humanitarian Law I. Daniel Smith and the Visiting Forces
.......................................................................157 Agreement ................................................. 168
I. Definition of Armed Conflict ............157 II. The Constitutionality of the Baselines
II. Fundamental Principles of IHL..........157 Law 169
III. Application of IHL ..............................158 III. VIOLENCE AGAINST WOMEN (VAW)
IV. The Four Geneva Conventions and the AS A FORM OF TORTURE ...................... 169
Two Additional Protocols ...........................158
V. Application of the Four Geneva Appendix 1 - Straight and Normal Baselines
Conventions and the Two Additional ....................................................................... 171
Protocols ....................................................158 Appendix 2 - Continental Shelf and the
VI. Definition of Concepts and Phrases..159 Maritime Zones............................................. 171
A. Combatants...................................159
POLITICAL LAW REVIEWER
ADMINISTRATIVE LAW
Table of Contents
ELECTION LAW
Table of Contents
CONSTITUTIONAL LAW 1 2
Table of Contents
CONSTITUTIONAL LAW I
Chapter I. The State .................................................3 B. Exploration, Development, and Utilization
I. Territory .......................................................3 47
A. 1987 Const., Art. I ...................................3 C. Stewardship Concept ............................48
B. Treaty of Paris, Art. III .............................3 III. Private Lands .............................................48
C. Archipelagic Doctrine ..............................4 A. General Rule .........................................48
II. People..........................................................4 B. Exceptions.............................................48
A. Definition .................................................4 IV. Monopolies.................................................48
B. Citizenship ..............................................4 V. Central Monetary Authority ........................48
III. Sovereignty..................................................6
A. Kinds .......................................................6 Chapter IV. Current Events and Special Topics ..49
B. Theory of Auto-Limitation ........................6 I. Party-List System.......................................49
C. Dominium v Imperium ........................6 II. Question Hour v. Inquiries In Aid of
D. Jurisdiction ..............................................6 Legislation ...........................................................51
E. Suits Against the State and the Doctrine III. Executive Privilege................................51
of Sovereign Immunity......................................7 IV. Peoples Initiative .......................................52
IV. Government .................................................8 V. Right of Reply ............................................53
A. Definition .................................................8 VI. The (Erstwhile) Province of Shariff
B. Functions ................................................8 Kabunsuan ..........................................................53
C. Doctrine of Parens Patriae ......................8 VII. MOA on Ancestral Domain (MOA-AD) ..54
D. De Jure and De Facto Governments.......9
CONSTITUTIONAL LAW I
Dean Marvic MVF Leonen I. TERRITORY 3
Faculty Editor A. 1987 CONSTITUTION, ART.
RT. I
CONSTITUTIONAL LAW I
B. TREATY OF PARIS
Earla Langit
C. ARCHIPELAGIC DOCTRINE
DOCTRIN
Lead Writer
II. PEOPLE
Abigail Alameda A. DEFINITIONS
Maricor Estrella B. CITIZENSHIP
Kate Lomoljo III. SOVEREIGNTY
Writers A. KINDS
B. THEORY OF AUTO-LIMITATION
LIMITATION
POLITICAL LAW C. DOMINIUM V. IMPERIUM
D. JURISDICTION
Jennifer Go E. SUITS AGAINST THE STATEST AND THE
Subject Editor DOCTRINE OF SOVEREIGN
SOVEREIG IMMUNITY
IV. GOVERNMENT
ACADEMICS COMMITTEE A. DEFINITION
Kristine Bongcaron B. FUNCTIONS
C. DOCTRINE OF PARENS PATRIAE
Michelle Dy
D. DE JURE AND DE FACTO GOVERNMENTS
Patrich Leccio
Editors-in-Chief
I. Territory
PRINTING & DISTRIBUTION
(Asked 7 times in the Bar)
Kae Guerrero
A. 1987 Const., Art. I
DESIGN & LAYOUT
SCOPE OF THE NATIONAL TERRITORY AS
Pat Hernandez DEFINED IN THE CONSTITUTION
Viktor Fontanilla 1) Philippine archipelago
Romualdo Menzon Jr. 2) All other territories over which the Philippines has
Rania Joya sovereignty or jurisdiction
3) Territorial sea, Seabed, Subsoil, Insular shelves,
LECTURES COMMITTEE and other submarine areas corresponding to (1)
Michelle Arias and (2)
Camille Maranan 4) (1) and (2) also consist of terrestrial, fluvial, and
Angela Sandalo aerial domains
Heads
B. Treaty of Paris, Art. III
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan Spain cedes to the United States the archipelago
Arianne Cerezo Marcrese Banaag known as the Philippines Islands, and comprehending
Volunteers the islands lying within the following line xxx
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
Members
CONSTITUTIONAL LAW I
government research data used as basis for policy
2. Straight baseline method consists of drawing development, shall be afforded the citizen, subject to
straight lines connecting appropriate points on such limitations as may be provided by law. (Sec 7,
the coast without departing to any appreciable Art III)
extent from the general direction of the coast,
in order to delineate the internal waters from the As an element of a state, people means a
territorial waters of an archipelago community of persons adequate in number for self-
Refer to PIL, Chap. 12, II for further discussion sufficiency and defense, and also capable of
on Baselines maintaining the continued existence of the
community and held together by a common bond of
law. (BERNAS)
II. People
A. Definition B. Citizenship
The term assumes three different meanings, (Asked 25 times in the Bar)
depending on the context in which it is used:
(NACHURA) 1. Who are citizens?
i. Citizens of the Philippines at the time of the
1. Inhabitants, as used in: adoption of this Constitution;
i. The right of the people to be secure in ii. Those whose fathers or mothers are citizens
their persons, houses, papers, and effects of the Philippines;
against unreasonable searches and seizures iii. Those who elected to be citizens. This is
of whatever nature and for any purpose shall available only to:
be inviolable x x x (Sec 2, Art III) - those born before January 17, 1973,
- to Filipino mothers,
The right of an individual to be - and elect Philippine citizenship upon
secure in his person is guaranteed reaching the age of majority
by the Constitution. The same is iv. Those naturalized in accordance with law.
declared a popular right of the
people and indisputably applies to ARTICLE IV, Section 1 (3), 1987 Constitution is
both citizens and foreigners in this also applicable to those who are born to Filipino
country. [Qua Chee Gan vs mothers and elected Philippine citizenship before
Deportation Board (1963)] February 2, 1987.
This is to correct the anomalous situation
ii. Civilian authority is, at all times, supreme where one born of a Filipino father and an alien
over the military. The Armed Forces of the mother was automatically granted the status of a
Philippines is the protector of the people natural-born citizen, while one born of a Filipino
and the State. Its goal is to secure the mother and an alien father would still have to
sovereignty of the State and the integrity of elect Philippine citizenship. [Co v. Electoral
the national territory. (Sec 3, Art II) Tribunal of the House of Representatives (1991)]
reversal of Roa in Tan Chong vs. Secretary of 5. How may citizenship be reacquired?
Labor (1947), jus sanguinis or blood i. Naturalization (CA No. 63 and CA No. 473)
relationship would now become the primary now an abbreviated process, no need to 5
basis of citizenship by birth. wait for 3 years (1 year for declaration of
CONSTITUTIONAL LAW I
intent, and 2 years for the judgment to
3. Who must be Natural-Born? become executory)
i. President (Sec. 2, Art VII) requirements:
ii. Vice-President (Sec. 3, Art VII) a.) be 21 years of age
iii. Members of Congress (Secs. 3 and 6, Art VI) b.) be a resident for 6 months
iv. Justices of SC and lower collegiate courts c.) have good moral character
(Sec. 7 (1), Art VIII) d.) have no disqualification
v. Ombudsman and his deputies (Sec. 8, Art Naturalization is never final and
XI) may be revoked if one commits acts
vi. Members of Constitutional Commissions of moral turpitude. [Republic vs Guy
vii. CSC (Sec. 1 (1), Art IX B) (1982)]
viii. COMELEC (Sec. 1 (1) Art IX C)
ii. Repatriation
ix. COA (Sec. 1 (1), Art IX D)
Repatriation results in the recovery of
x. Members of the Central Monetary Authority the original nationality. Therefore, if he is
(Sec. 20, Art XII) a natural-born citizen before he lost his
xi. Members of the Commission on Human citizenship, he will be restored to his
Rights (Sec. 17 (2), Art XIII) former status as a natural-born Filipino.
[Bengson III vs. HRET (2001)]
4. Grounds for Loss of Citizenship
i. Naturalization in a foreign country [Sec.1 (1), Mere filing of certificate of candidacy
CA 63]; is not a sufficient act of repatriation.
ii. Express renunciation or expatriation [Sec.1 Repatriation requires an express and
(2), CA 63]; equivocal act. [Frivaldo vs COMELEC
iii. Taking an oath of allegiance to another (1989)]
country upon reaching the age of majority;
iv. Accepting a commission and serving in the In the absence of any official action or
armed forces of another country, unless approval by proper authorities, a mere
there is an offensive/ defensive pact with the application for repatriation does not,
country, or it maintains armed forces in RP and cannot, amount to an automatic
with RPs consent; reacquisition of the applicants
v. Denaturalization; Philippine citizenship. [Labo vs
vi. Being found by final judgment to be a COMELEC (1989)]
deserter of the AFP;
vii. Marriage by a Filipino woman to an alien, if iii. Legislative Act
by the laws of her husbands country, she both a mode of acquiring and
becomes a citizen thereof. reacquiring citizenship
CONSTITUTIONAL LAW I
Consequently, persons with mere dual
citizenship do not fall under this
disqualification. Unlike those with dual III. Sovereignty
allegiance, who must, therefore, be subject (Asked 4 times in the Bar)
to strict process with respect to the
termination of their status, for candidates Supreme and uncontrollable power inherent in a
with dual citizenship, it should suffice if, State by which the State is governed.
upon the filing of their certificates of
candidacy, they elect Philippine A. Kinds
citizenship to terminate their status as
1. Legal sovereignty - power to issue final
persons with dual citizenship considering
commands.
that their condition is the unavoidable
2. Political sovereignty - power behind the legal
consequence of conflicting laws of different
sovereign, or the sum total of the influences that
states.
operate upon it.
3. Internal sovereignty - power to control domestic
Cf: RA 9225 (Citizenship Retention and Re-acquisition
Act of 2003) affairs.
4. External sovereignty (also known as
Sec. 3. Retention of Philippine Citizenship. Any independence) - power to direct relations with
provision of law to the contrary notwithstanding, natural-born other states.
citizens of the Philippines who have lost their Philippine
citizenship by reason of their naturalization as citizens of a
foreign country are hereby deemed to have re-acquired
B. Theory of Auto-Limitation
Philippine citizenship upon taking the following oath of It is the property of the State-force due to which a
allegiance to the Republic: xxx
State has exclusive legal competence of self-
Natural-born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country limitation and self-restriction.
shall retain their Philippine citizenship upon taking the
aforesaid oath. Sovereignty is subject to restrictions and
limitations voluntarily agreed to by the
Sec. 4. Derivative Citizenship. The unmarried child, Philippines, expressly or impliedly, as a member
whether legitimate, illegitimate or adopted, below eighteen of the family of nations. [Taada vs Angara
(18) years of age, of those who re-acquire Philippine (1997)]
citizenship upon effectivity of this Act shall be deemed
citizens of the Philippines.
C. Dominium v Imperium
Sec. 5. Civil and Political Rights and Liabilities. Those
who retain or re-acquire Philippine citizenship under this Act [Lee Hong Hok v. David, (1972)]
shall enjoy full civil and political rights and be subject to all
attendant liabilities and responsibilities under existing laws of
Dominium
the Philippines and the following conditions: capacity of the State to own property.
(1) Those intending to exercise their right of suffrage must covers such rights as title to land,
meet the requirements under Sec. 1, Art. V of the exploitation and use of it, and disposition or
Constitution, RA 9189, otherwise known as "The sale of the same.
Overseas Absentee Voting Act of 2003" and other Regalian doctrine
existing laws;
(2) Those seeking elective public office in the Philippines
all lands of the public domain belong to
shall meet the qualifications for holding such public the State, and anyone claiming title has
office as required by the Constitution and existing laws the burden to show ownership, comes
and, at the time of the filing of the certificate of within this concept. In this capacity, the
candidacy, make a personal and sworn renunciation of State descends to the status of ordinary
any and all foreign citizenship before any public officer persons and thus becomes liable as
authorized to administer an oath; such. [Cruz v. Sec of DENR, (2000)]
(3) Those appointed to any public office shall subscribe
and swear to an oath of allegiance to the Republic of Imperium
the Philippines and its duly constituted authorities prior States authority to govern.
to their assumption of office: provided, that they
renounce their oath of allegiance to the country where
covers such activities as passing laws
they took that oath; governing a territory, maintaining peace and
(4) Those intending to practice their profession in the order over it, and defending it against foreign
Philippines shall apply with the proper authority for a invasion.
license or permit to engage in such practice; and When the State acts in this capacity, it
(5) That right to vote or be elected or appointed to any generally enjoys sovereign immunity.
public office in the Philippines cannot be exercised by,
or extended to, those who:
(a) are candidates for or are occupying any public
office in the country of which they are naturalized
POLITICAL LAW REVIEWER Chapter I. THE STATE
CONSTITUTIONAL LAW I
action in rem that does not name the
authority. (SINCO)
government in particular.
1. KINDS:
3. How the States consent to be sued is given:
i. Territorial jurisdiction i. Express consent
authority of the State to have all persons a. It is effected only by the will of the
and things within its territorial limits to be legislature through the medium of a duly
completely subject to its control and enacted statute.
protection. b. may be embodied either in a:
General Law
ii. Personal jurisdiction authorizes any person who meets
authority of the State over its nationals, the conditions stated in the law to
their persons, property, and acts, sue the government in accordance
whether within or outside its territory. with the procedure in the law
(Art 15, CC: Laws relating to family Special Law
rights and duties, or to the status, may come in the form of a private
condition and legal capacity of persons bill authorizing a named individual
are binding upon citizens of the to bring suit on a special claim
Philippines, even though living abroad.) Art 2189, CC: Provinces, cities and
iii. Extraterritorial jurisdiction municipalities shall be liable for
authority of the State over persons, damages for the death or injuries
things, or acts, outside its territorial limits suffered by any person by reason of
by reason of their effects to its territory the defective conditions of roads,
streets, public buildings and other
public works under their control and
E. Suits Against the State and the Doctrine of supervision.
Sovereign Immunity
ii. Implied consent
(Asked two times in the Bar) when the State enters into a business
contract or itself commences litigation.
The State may not be sued without its consent.
State may only be liable for
(Sec 3, Art XVI)
proprietary acts (jure gestionis) and
not for sovereign acts (jure imperii)
There can be no legal right as against the
When state files complaint, suability
authority that makes the laws on which the right
will result only where the
depends. also called the doctrine of Royal
government is claiming affirmative
Prerogative of Dishonesty. [Kawananakoa v.
relief from the defendant. [US v.
Polyblank (1907)]
Guinto, (1990)]
When it would be inequitable for the
If the State is amenable to suits, all its time would
State to invoke its immunity.
be spent defending itself from suits and this
In instances when the State takes
would prevent it from performing it other
private property for public use or
functions. [Republic vs. Villasor (1973)]
purpose.
1. A suit is against the State regardless of who is
named the defendant if:
iii. When does Liability Attach?
a. The Government is only liable for the
i. it produces adverse consequences to the acts of its agents, officers and
public treasury in terms of disbursement of
employees, when they act as special
public funds and loss of government
agents within the meaning of Art. 2180
property.
(6) CC.
ii. cannot prosper unless the State has given its
consent. Special Agent
one who receives a definite and fixed
2. In the following instances, it was held that the suit order or commission, foreign to the
is not against the State: exercise of the duties of his office if he is
i. when the purpose of the suit is to compel an a special official. [Merritt v. Govt of the
officer charged with the duty of making Philippine Islands, (1916)]
payments pursuant to an appropriation This concept does not apply to any
made by law in favor of the plaintiff to make executive agent who is an
such payment, since the suit is intended to employee of the active
compel performance of a ministerial duty. administration and who on his own
[Begoso v. PVA (1970)] responsibility performs the functions
ii. when from the allegations in the complaint, it
POLITICAL LAW REVIEWER Chapter I. THE STATE
CONSTITUTIONAL LAW I
A. Definition
Unauthorized acts of government
officials or officers are not acts Sec. 2(1) Administrative Code. Government of the
of the State, and an action against Republic of the Philippines is defined as:
the corporate governmental entity through which the
the officials or officers by one functions of government are exercised throughout the
whose rights have been invaded or Philippines, including
violated by such acts, for the the various arms through which political authority is
protection of his rights, is not a suit made effective in the Philippines, whether pertaining to:
against the State. 1. the autonomous regions,
The doctrine of immunity from suit 2. the provincial, city, municipal, or barangay
will not apply and may not be subdivisions, or
3. other forms of local government.
invoked where the public official is
being sued in his private and
personal capacity as an ordinary Government is that institution or aggregate of
citizen, for acts without authority or institutions by which an independent society
in excess of the powers vested in makes and carries out those rules of action which
him. [Lansang vs CA (2000)] are necessary to enable men to live in a social
state or which are imposed upon the people
b. When the Government creates a forming that society by those who possess the
corporation, it invariably provides this power or authority of prescribing them.[US vs
corporation a separate entity and with Dorr (1903)]
the capacity to sue and be sued.
Consent to be sued includes B. Functions
actions based on quasi-delict even
though committed by regular, and 1. Constituent functions - constitute the very bonds
not special, agents. of society; compulsory.
Rule: a government entity can be i. keeping of order and providing protection
sued for tort, but if it is, it can invoke ii. fixing of legal relations between man and
the defense that it acted through its wife, and children
regular employee, and not through iii. regulation of the holding, transmission and
a special agent. interchange of property
iv. define crime and punishment
c. The principle of State immunity from suit
does not apply when the relief
v. regulates and determines contract between
individuals
demanded requires no affirmative
official action on the part of the State vi. dealings of state with foreign powers
or the affirmative discharge of any 2. Ministrant functions - undertaken to advance the
obligation which belongs to the State in general interests of society; optional.
its political capacity, even though the i. public works
officers or agents who are made
ii. public education
defendants claim to hold or act only by
virtue of a title of the State and as its
iii. public charity
agents and servants. [Republic v iv. health and safety regulations
Sandoval, (1993)] v. trade and industry
The distinction between constituent and
ministrant functions is not relevant in our
jurisdiction. [ACCFA v. Federation of Labor
Unions, (1969)]
existing in the Crown of Spain. The royal order the 1987 Constitution. Indeed, she has stressed
referred to created, according to the purpose that she is discharging the powers of the
expressed therein, an institution for the safe presidency under the authority of the 1987 9
investment of the savings of the poor classes and Constitution.
CONSTITUTIONAL LAW I
to assist the needy in time of need by loaning
such savings to them at a low rate of interest. In fine, the legal distinction between EDSA
[Government of the Philippine Islands v. Monte People Power I EDSA People Power II is clear.
de Piedad, (1916)] EDSA I involves the exercise of the people power
of revolution which overthrew the whole
government. EDSA II is an exercise of people
D. De Jure and De Facto Governments power of freedom of speech and freedom of
assembly to petition the government for redress
1. De jure government
of grievances which only affected the office of the
i. has rightful title President. EDSA I is extra-constitutional and
ii. no power or control, either because this has the legitimacy of the new government that
been withdrawn from it, or because it has not resulted from it cannot be the subject of
yet actually entered into the exercise thereof. judicial review, but EDSA II is intra-
[In re Letter of Associate Justice Puno, constitutional and the resignation of the
(1992)] sitting President that it caused and the
2. De facto government succession of the Vice President as President
are subject to judicial review. EDSA I
i. government of fact, that is, it actually
presented a political question; EDSA II involves
exercises power or control without legal title.
legal questions. xxx
[Co Kim Cham v. Valdes, (1945)]
Even if the petitioner can prove that he did not
The legitimacy of the Aquino government is
resign, still, he cannot successfully claim that he
not a justiciable matter. It belongs to the
is a President on leave on the ground that he is
realm of politics where only the people of the
merely unable to govern temporarily. That claim
Philippines are the judge. And the people
has been laid to rest by Congress and the
have made the judgment; they have
decision that respondent Arroyo is the de
accepted the government of President
jure, president made by a co-equal branch of
Corazon C. Aquino which is in effective
government cannot be reviewed by this Court.
control of the entire country so that it is not
[Estrada v Desierto/ Estrada v GMA, (2001)]
merely a de facto government but in fact
and law a de jure government. Moreover,
the community of nations has recognized the
legitimacy of the present government. All the
eleven members of this Court, as
reorganized, have sworn to uphold the
fundamental law of the Republic under her
government. [In re Bermudez, (1986) citing
Lawyers League for a Better Philippines v.
Aquino, (1986)]
In the cited cases [Lawyers League for a
Better Philippines and/or Oliver A. Lozano v.
President Corazon C. Aquino, et al], we held
that the government of former President
Aquino was the result of a successful
revolution by the sovereign people, albeit a
peaceful one. No less than the Freedom
Constitution declared that the Aquino
government was installed through a direct
exercise of the power of the Filipino people
"in defiance of the provisions of the 1973
Constitution, as amended."
It is familiar learning that the legitimacy of a
government sired by a successful revolution
by people power is beyond judicial scrutiny
for that government automatically orbits out of the
constitutional loop. In checkered contrast, the
government of respondent Arroyo is not
revolutionary in character. The oath that she
took at the EDSA Shrine is the oath under the
1987 Constitution. In her oath, she
categorically swore to preserve and defend
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
I. LEGISLATIVE DEPARTMENT A. Nature and Classification of Legislative
A. NATURE AND CLASSIFICATION OF Power
LEGISLATIVE POWER
B. COMPOSITION, QUALIFICATIONS AND TERM 1. Nature:
OF OFFICE The authority to make laws and to alter or
C. ELECTION repeal them.
D. SALARIES, PRIVILEGES AND Vested in Congress, except to the extent
DISQUALIFICATIONS reserved to the people by provision on
E. INTERNAL GOVERNMENT OF CONGRESS
F. ELECTORAL TRIBUNALS
initiative and referendum
G. COMMISSION ON APPOINTMENTS Plenary (Congress may legislate on any
H. POWERS OF CONGRESS subject matter provided that the limitations
II. JUDICIAL DEPARTMENT are observed.)
A. IN GENERAL
B. SUPREME COURT 2. Classification of Legislative Power:
C. JUDICIAL AND BAR COUNCIL Original - possessed by the sovereign
III. EXECUTIVE DEPARTMENT people
A. PRESIDENT Derivative - delegated by the sovereign
B. VICE-PRESIDENT
IV. CONSTITUTIONAL COMMISSIONS
people to legislative bodies and is
A. COMMON PROVISIONS subordinate to the original power of the
B. CIVIL SERVICE COMMISSION people
C. COMMISSION ON ELECTIONS Constituent - power to amend and revise
D. COMMISSION ON AUDIT the Constitution
V. CONSTITUTIONALLY-MANDATED BODIES Ordinary - power to pass ordinary laws
A. SANDIGANBAYAN
B. OMBUDSMAN
C. COMMISSION ON HUMAN RIGHTS
CONSTITUTIONAL LAW I
on number of inhabitants Code of 1991): Manner of Election.
a. Each city with a population of
at least 250,000, or each (c) In addition thereto, there shall be one (1) sectoral
representative from the women, one (1) from the workers,
province, shall have at least 1 and one (1) from any of the following sectors: the urban
representative. Each province, poor, indigenous cultural communities, disabled persons, or
irrespective of the number of any other sector as may be determined by the sanggunian
inhabitants, shall have at least concerned within ninety (90) days prior to the holding of the
1 representative. next local elections, as may be provided for by law. The
b. Each legislative district shall Comelec shall promulgate the rules and regulations to
comprise, as far as practicable, effectively provide for the election of such sectoral
contiguous, compact, and representatives.
adjacent territory.
Qualifications of Representatives:
2. Re-apportionment by Congress
1. Natural-born citizens
within 3 years after the return of
2. At least 25 years old on the day of
each census
the election
ii. Party-List Representatives 3. Able to read and write
20% of the total number of 4. Registered voter in the district he
representatives seeks to represent
chosen indirectly through a party 5. A resident of the said district for at
selected by voters least 1 year immediately preceding
RA 7941 (An Act Providing For The the day of the election.
Election Of Party-List Representatives Term of Office: 3 years, commencing
Through The Party-List System, And th
at noon on the 30 day of June next
Appropriating Funds Therefor) following their election.
o Parties, organizations, and
coalitions must obtain at least 2% of In B.P. Blg. 881 members of the legislature
all votes cast to obtain a party-list included in the enumeration of elective public
seat officials are to be considered resigned from
o Those garnering more than 2% are office from the moment of the filing of their
entitled to additional seats in certificates of candidacy for another office,
proportion to their total number of except for President and Vice-President. The
votes, but may not have more than term of office prescribed by the Constitution
3 seats may not be extended or shortened by the
o Disqualified: legislature, but the period during which an
1. Religious Sects officer actually holds the office (tenure) may
2. Foreign Organizations be affected by circumstances within or
3. Those Advocating Violence or beyond the power of said officer.
Unlawful Means Tenure may be shorter than the term or
o Qualified Sectors: it may not exist at all. These situations will
1. Labor not change the duration of the term of office.
2. Peasant [Dimaporo vs Mitra (1991)]
3. Fisherfolk
4. Urban Poor Term Limits: No member of the House
5. Indigenous Cultural of Representatives shall serve for more than
Communities 3 consecutive terms.
6. Elderly 3. Synchronized Terms of Office
7. Handicapped (Secs 1-2, Art XVIII)
8. Women
9. Youth
10. Veterans C. Election
11. Overseas Workers
12. Professionals 1. Regular Elections
iii. Sectoral Representatives Unless otherwise provided by law, the
regular election of the Senators and the
For 3 consecutive terms from 2
February 1987, 25 seats shall be Members of the House of Representatives
allotted to sectoral representatives. shall be held on the second Monday of May.
(Sec 8, Art VI)
to be chosen by appointment or
election, as may be provided by law 2. Special Election
Until a law is passed, they are In case of vacancy in the Senate or in the
appointed by the President from a list House of Representatives, a special election
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
may be called to fill such vacancy in the Each House of the Congress can discipline its
manner prescribed by law, members for disorderly conduct or behavior.
But the Senator or Member of the House of What constitutes disorderly behavior is 12
Representatives thus elected shall serve entirely up to Congress to define.
CONSTITUTIONAL LAW I
only for the unexpired term. (Sec 9, Art VI) Although a member of Congress shall not be
held liable in any other place for any speech or
The Constitution mandates that there should debate in the Congress or in any committee
always be adequate representation for every thereof, such immunity, although absolute in its
province or legislative district. If a vacancy protection of the member of Congress against
occurs in a manner contemplated in the suits for libel, does not shield the member
Constitution, then Congress has the authority if against the disciplinary authority of the
not the duty to call for special elections. Congress. [Osmena v. Pendatun, (1960)]
[Lozada v. COMELEC, (1983)]
4. Disqualifications
D. Salaries, Privileges and Disqualifications May not hold any other office or employment
in the government during his term without
1. Salaries forfeiting his seat. (Art VI Sec 13)
The salaries of Senators and Members of May not be appointed to any office created
the House of Representatives shall be or the emoluments thereof were increased
determined by law. during the term for which he was elected.
No increase in said compensation shall take (Art VI Sec 13)
effect until after the expiration of the full term Cannot personally appear as counsel before
of all the Members of the Senate and the any court, electoral tribunal, quasi-judicial
House of Representatives approving such and administrative bodies during his term of
increase. [Ligot v. Mathay, (1974)] office. (Art VI Sec 14)
Shall not be financially interested, directly or
Official Annual Salary indirectly, in any contract with, or franchise
President Php 300,000 or special privilege granted by the
Vice-President, President of Php 240,000 government during his term of office. (Art VI
the Senate, Speaker of the
Sec 14)
House of Representatives,
and Chief Justice of the Shall not intervene in any matter before any
Supreme Court office of the government when it is for his
Senators, Members of the Php 204,000 pecuniary benefit or where he may be called
House of Representatives, upon to act on account of his office. (Art VI
Associate Justices of the Sec 14)
Supreme Court, and
Chairmen of the Certain salient circumstances militate against the
Constitutional Commissions intervention of Assemblyman Fernandez in the
Members of the Php 180,000 SEC Case.
Constitutional Commissions He had acquired a mere P200.00 worth of
stock in IPI, representing ten shares out of
2. Freedom from arrest 262,843 outstanding shares.
(Art VI Sec 11, 1987 Constitution) He acquired them after the contested
A Senator or Member of the House of election of Directors, after the quo warranto suit
Representatives shall, in all offenses had been filed before SEC, and one day before
punishable by not more than six years the scheduled hearing of the case before the
imprisonment, be privileged from arrest while SEC.
the Congress is in session. Before he moved to intervene, he had
No Member shall be questioned nor be held signified his intention to appear as counsel for
liable in any other place for any speech or respondent, but which was objected to by
debate in the Congress or in any committee petitioners. Realizing, perhaps, the validity of the
thereof. objection, he decided, instead, to "intervene" on
3. Speech and Debate Clause the ground of legal interest in the matter under
In this case, a clarification of the scope and litigation.
limitation of the parliamentary immunity was Under those facts and circumstances that
made. There was reiteration that, there has been an indirect "appearance as
counsel before ... an administrative body" and
First, Congressional immunity is a guarantee that is a circumvention of the Constitutional
of immunity from answerability before an outside prohibition.
forum but not from answerability to the The "intervention" was an afterthought to
disciplinary authority of congress itself; enable him to appear actively in the proceedings
Second, to come under the guarantee the in some other capacity. [Puyat v De Guzman,
speech or debate" must be one made "in (1982)]
Congress or in any committee thereof." [Jimenez
v. Cabangbang, (1966)]
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
under oath of his assets, liabilities, and constitutional majority of the Senate for the
net worth. purpose of the quorum. [Avelino v. Cuenco,
Cases wherein declaration shall be disclosed (1949)]
to the public in the manner provided by law:
o President 3. Rules of Proceedings
o Vice-President
o the Members of the Cabinet Each House shall determine its own procedural
o the Congress rules.
o the Supreme Court Issues may either be:
o the Constitutional Commissions and o Political- On matters affecting only internal
other constitutional offices operation of the legislature, the legislatures
o officers of the armed forces with formulation and implementation of its rules.
general or flag rank (Art XI Sec 17) o Justiciable - when the legislative rule affects
All Members of the Senate and the House of private rights.
Representatives shall, upon assumption of
4. Discipline of Members
office, make a full disclosure of their financial
and business interests. Each house may punish its members for
o They shall notify the House concerned disorderly behavior, and with the concurrence of
of a potential conflict of interest that may 2/3 of ALL its members:
arise from the filing of a proposed 1. Suspension (shall not exceed 60 days)
legislation of which they are authors. 2. Expulsion
(Art VI Sec 12) Other disciplinary measures:
The records and books of accounts of the 1. deletion of unparliamentary remarks from the
Congress shall be preserved and be open to record
the public in accordance with law, 2. fine
o such books shall be audited by the 3. imprisonment
Commission on Audit which shall 4. censure
publish annually an itemized list of
amounts paid to and expenses incurred Senate expelled Senator Alejandrino for
for each Member. (Art VI Sec 20) disorderly conduct for assaulting Senator de Vera
during one of their debates in session. Senate
E. Internal Government of Congress adopted a resolution depriving Senator
Alejandrino of all the prerogatives, privileges
1. Election of officers and emoluments of his office for the period of
Officers: one year.
The Court held that the resolution was illegal
1. Senate President
since it amounted to expulsion and it would
2. Speaker of the House
deprive the electoral district of representation
3. Such officers as deemed by each house to be
without any means to fill the vacancy. The
necessary
Senate had no authority to suspend an appointed
Election of Officers: By a majority vote of all Senator like Senator Alejandrino. [Alejandrino v.
respective members Quezon, (1924)]
departments of the government, charged, records of Congress for proof of its due
respectively, with the duty of enacting and enactment. [Astorga v. Villegas, (1974)]
executing the laws, that it was passed by 14
Congress. The respect due to coequal and e. Congressional Record
CONSTITUTIONAL LAW I
independent departments requires the
judicial department to act upon that 6. Sessions
assurance, and to accept, as having passed a. Regular Sessions
Congress, all bills authenticated in the
th
Convenes once every year on the 4
manner stated; leaving the courts to
Monday of July.
determine, when the question properly
Continues to be in session until 30 days
arises, whether the Act, so authenticated, is
before the start of its next regular session,
in conformity with the Constitution [Astorga
exclusive of Saturdays, Sundays, and legal
vs Villegas, (1974) citing Field vs. Clark].
holidays.
Respect due to a co-equal department b. Special Sessions
requires the courts to accept the certification Called by the President at any time when
of the presiding officer of the legislative Congress is not in session
body. [Casco vs Gimenez (1963)]
c. Adjournments
A duly authenticated bill or resolution imports Neither House can adjourn for more than 3
absolute verity and is binding on the days during the time Congress is in session
courts.[Mabanag v. Lopez Vito, (1947)] without the consent of the other House.
Neither can they adjourn to any other place
b. Probative value of the Journal than that where the two houses are sitting,
The Journal is conclusive upon the courts. without the consent of the other.
But when the contents of the journal conflicts d. Joint Sessions
with that of an enrolled bill, the enrolled bill Voting separately
prevails over the contents of the journal. Choosing the President (Sec. 4, Art VII)
Congress may validly continue enacting Determining the Presidents temporary
bills even beyond the reglementary disability (Id., Sec. 11, Par 4)
period of adjournment. When the Confirming the nomination of a Vice-
journal shows that Congress conducted President (Id., Sec. 9)
a sine die session where the hands of Declaring a state of war (Sec. 23(1), Art
the clock are stayed in order to afford VI)
Congress the opportunity to continue its Amending the Constitution (Sec. 1(1),
session. All bills enacted during the Art XVII)
sine die session are valid and Voting Jointly
conclusive upon the Courts. To revoke or extend martial law or
The Journals are conclusive suspension of privilege of habeas
evidence of the contents thereof and corpus (Sec. 18 Art VII)
Courts are bound to take judicial
notice of them. [US vs Pons (1916)] F. Electoral Tribunals
c. Matters required to be entered in the Journal 1. Composition
Yeas and Nays on third and final reading of
a bill 3 Supreme Court Justices to be designated by
Veto message of the President the Chief Justice (The senior Justice in the
Yeas and Nays on the repassing of a bill Electoral Tribunal shall be its Chairman).
vetoed by the President 6 Members of the Senate or House, as the case
Yeas and Nays on any question at the may be, chosen on the basis of proportional
request of 1/5 of members present. representation from the political parties and
party-list organizations.
d. Journal Entry Rule v. Enrolled Bill Theory The ET shall be constituted within 30 days after
the Senate and the House shall have been
It may be noted that the enrolled bill theory is
organized with the election of the President and
based mainly on "the respect due to coequal
the Speaker.
and independent departments," which
requires the judicial department "to accept, Members chosen enjoy security of tenure and
as having passed Congress, all bills cannot be removed by mere change of party
affiliation.
authenticated in the manner stated." Thus it
has also been stated in other cases that if
The five LDP members who are also members
the attestation is absent and the same is not
of the Senate Electoral Tribunal may not inhibit
required for the validity of a statute, the
themselves since it is clear that the Constitution
courts may resort to the journals and other
intended legislative and judiciary membership to
the tribunal. As a matter of fact, the 2:1 ratio of
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
SET (1988)]
Lazatin v. HRET, (1988)
2. Nature of Function The HRET will only gain jurisdiction upon
proclamation of the candidate. Until such
Jurisdiction: be the sole judge of all CONTESTS proclamation, he is not yet a member of the
relating to the election, returns, and qualifications House; hence, the HRET will not have jurisdiction
of their respective members. ET has jurisdiction over him. Jurisdiction over such remains with
only when there is an election contest. the COMELEC.
Election Contest - one where a defeated
candidate challenges the qualification and claims As constitutional creations invested with
for himself the seat of a proclaimed winner. necessary power, the Electoral Tribunals are, in
the exercise of their functions independent
The Electoral Tribunal of each House is the organs independent of Congress and the
SOLE judge of all contests relating to the Supreme Court. The power granted to HRET by
election, returns, and qualifications of the the Constitution is intended to be as complete
members of Congress. and unimpaired as if it had remained originally in
In the absence of election contest, the the legislature [ Co vs HRET (1991) citing Angara
Electoral Tribunal has no jurisdiction. vs. Electoral Commission [1936]).
The Electoral Tribunals are independent 5. Judicial Review of Decisions of Electoral
constitutional bodies and cannot be regulated by Tribunals
Congress.
Supreme Court has jurisdiction over the With the SC only insofar as the decision or
Electoral Commission and the subject matter of resolution was rendered
the present controversy for the purpose of o without or in excess of jurisdiction, or
determining the character, scope and extent o with grave abuse of discretion tantamount to
of the constitutional grant to the Electoral denial of due process.
Commission as "the sole judge of all contests
relating to the election, returns and qualifications To question the jurisdiction of the lower court or
of the members of the National Assembly." the agency exercising judicial or quasi-judicial
[Angara vs Electoral Commission (1936)] functions, the remedy is a special civil action
for certiorari under Rule 65 of the Rules of
3. Independence of the Electoral Tribunals Court. The petitioner in such cases must clearly
Since the ETs are independent constitutional show that the public respondent acted without
bodies, independent even of the respective jurisdiction or with grave abuse of discretion
House, neither Congress nor the Courts may amounting to lack or excess of jurisdiction. Grave
interfere with procedural matters relating to the abuse of discretion defies exact definition, but
functions of the ETs. [Co vs HRET, (1991)] generally refers to "capricious or whimsical
exercise of judgment as is equivalent to lack of
The HRET was created to function as a
jurisdiction. The abuse of discretion must be
nonpartisan court although two-thirds of its
patent and gross as to amount to an evasion of
members are politicians. It is a non-political body
positive duty or a virtual refusal to perform a duty
in a sea of politicians.
enjoined by law, or to act at all in contemplation
To be able to exercise exclusive jurisdiction,
of law, as where the power is exercised in an
the House Electoral Tribunal must be
arbitrary and despotic manner by reason of
independent. Its jurisdiction to hear and decide
passion and hostility. [Garcia vs HRET (1999)]
congressional election contests is not to be
shared by it with the Legislature nor with the
Courts. "The Electoral Commission is a body G. Commission on Appointments
separate from and independent of the legislature (Sec, Art VII)
and though not a power in the tripartite scheme
of government, it is to all intents and purposes, 1. Composition:
when acting within the limits of its authority, an
independent organ; while composed of a a. Senate President as ex-officio chairman (shall
majority of members of the legislature it is a not vote except in case of a tie.)
body separate from and independent of the b. 12 Senators
legislature. [Bondoc v. Pineda, (1991)] c. 12 Members of the House
The 12 Senators and 12 Representatives are elected
Valid grounds / Just cause for termination of on the basis of proportional representation from
membership to the tribunal. the political parties and party-list organizations.
o Expiration of Congressional term of office;
o Death or permanent disability;
o Resignation form political party which one
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
membership. It is understood that such changes
in membership must be permanent and do not Commission on Appointments.
include the temporary alliances or factional c. Appointments extended by the President to the
divisions not involving severance of political above-mentioned positions while Congress is
loyalties or formal disaffiliation and permanent not in session shall only be effective until
shifts of allegiance from one political party to disapproval by the Commission on
another. [Daza vs SIngson (1989) Appointments or until the next adjournment
The provision of Section 18 on proportional of Congress.
representation is mandatory in character and
does not leave any discretion to the majority H. Powers of Congress
party in the Senate to disobey or disregard the
rule on proportional representation RATIONALE: 1. General
The party with a majority representation in the (Sec Art VI)
Senate or the house of Representatives can by
sheer force of numbers impose its will on the a. Legislative Powers: (Scope: vested in
hapless minority. Congress by the Constitution except to the
By requiring a proportional representation in extent reserved to the people by the
the Commission on Appointments, Section 18 in provision on initiative and referendum).
effect works as a check on the majority party in powers of appropriation, taxation and
the Senate and helps to maintain the balance of expropriation
power. No party can claim more than what it is authority to make, frame and enact laws
entitled to under such rule. [Guingona, Jr. vs b. Non-legislative Powers (Scope)
Gonzales, (1993)]
power to canvass the presidential
elections;
The Commission on Appointments shall be
declare the existence of war;
constituted within 30 days after the Senate and
give concurrence to treaties and
the House of Representative shall have been
amnesties;
organized with the election of the President and
the Speaker. propose constitutional amendments;
impeach;
The Commission on Appointments shall act on all
appointments within 30 session days from their derivative and delegated power;
submission to Congress. implied powers such as the power to
The Commission on Appointments shall rule by a punish contempt in legislative
majority vote of all its members. investigations.
2. Specific Powers
2. Meetings
a. Constituent power
Commission on Appointments shall meet only b. Legislative Inquiries
while Congress is in session. c. Appropriation
Meetings are held either at the call of the d. Taxation
Chairman or by a majority of all its members. e. Concurrence in treaties and international
Since the Commission on Appointments is also agreements
an independent constitutional body, its rules of f. War powers and delegations powers
procedure are also outside the scope of
congressional powers as well as that of the 3. Inherent Powers
judiciary.
a. Police Power
3. Jurisdiction Make, ordain, and establish all manner
of wholesome and reasonable laws,
a. Commission on Appointments shall confirm the statutes and ordinances as they shall
appointments by the President with respect to the judge for the good and welfare of the
following positions: constituents.
Heads of the Executive Departments (except Includes maintenance of peace and
if it is the Vice-President who is appointed to order, protection of life, liberty and
the post); property and the promotion of general
Ambassadors, other public ministers or welfare
consuls; b. Power of Taxation
Officers of the AFP from the rank of Colonel c. Power of Eminent Domain
or Naval Captain; d. Contempt power
Other officers whose appointments are
vested in him by the Constitution (e.g. 4. Limitations:
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
o Every bill passed by the Congress police also protects the safety of
shall embrace only one subject clergymen.
which shall be expressed in the title o Also, the temporary use of public
o No bill passed by either house shall property for religious purposes is valid,
become law unless it has passed 3 as long as the property is available for
readings on separate days all religions.
o Printed copies in its final form have
been distributed to its members 3 Specific Limitations
days before the passage of the bill o For General Appropriations Bills
1. Congress may not increase the
Exception: president certifies to
appropriations recommended by
the necessity of its immediate
the President for the operation of
enactment to meet a public
the Government as specified in the
calamity or emergency
budget.
b. Substantive Limitations 2. Form, content and manner of
Circumscribe both the exercise of the preparation of the budget shall be
power itself and the allowable subject of prescribed by law.
legislation 3. No provision or enactment shall be
Express limitations: embraced in the general
o Sec 24-26, 28-30, Art VI appropriations bill unless it relates
Express limitations on general powers specifically to some particular
o Bill of rights appropriation therein.
Implied Limitations 4. Procedure in approving
o No power to pass irrepealable law appropriations FOR THE
o Non-encroachment on powers of CONGRESS shall strictly follow the
other departments procedure for approving
o Non-delegability of powers appropriations for other
departments and agencies.
5. Discussion of Specific Powers 5. No law shall be passed authorizing
any transfer of appropriations.
a. Constituent Powers However, the following may, BY
Power to propose amendments to the LAW, be authorized to AUGMENT
Constitution any item in the general
appropriations law for their
b. Legislative Inquiries (Sec 21, Art VI)
respective offices from savings in
Requisites:
other items of their respective
o Must be in aid of legislation
appropriations:
o In accordance with duly published rules
of procedure i. President
o Right of persons appearing in or ii. Senate President
affected by such inquiries shall be iii. Speaker of the House
respected iv. Chief Justice of the Supreme
Additional limitation: Executive Privilege Court
(Refer to Chap 4, III) v. Heads of the Constitutional
Commissions
c. Appropriation
General Limitations: Guidelines for disbursement of
o Appropriations must be for a PUBLIC DISCRETIONARY FUNDS appropriated
PURPOSE. FOR PARTICULAR OFFICIALS:
o Cannot appropriate public funds or i. For public purposes
property, directly or indirectly, in favor of ii. To be supported by appropriate
1. Any sect, church, denomination, or vouchers
sectarian institution or system of iii. Subject to such guidelines as may be
religion or prescribed by law
2. Any priest, preacher, minister, or
other religious teacher or dignitary If Congress fails to pass the general
as such. appropriations bill by the end of any
EXCEPT if the priest, etc is assigned to: fiscal year:
1. the Armed Forces; i. The general appropriations bill for the
2. any penal institution; previous year is deemed reenacted
3. government orphanage; ii. It shall remain in force and effect until
4. leprosarium the general appropriations bill is passed
o Government is not prohibited from by Congress.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
o Progressivity.
o For Special Appropriations Bill 1. The rate increases as the tax base
1. Shall specify the purpose for which
it is intended
increases 18
2. Tax burden is based on the
2. Shall be supported by funds
CONSTITUTIONAL LAW I
taxpayers capacity to pay
actually available as certified by the 3. Suited to the social conditions of
National Treasurer or to be raised the people
by corresponding revenue proposal 4. Reflects aim of the Convention that
therein legislature following social justice
o Limitation on Use of Public Funds (Sec command should use taxation as
29, Art VI): an instrument for more equitable
1. No money shall be paid out of the distribution of wealth
National Treasury EXCEPT in o Constitutional Tax Exemptions:
pursuance of an appropriation 1. Religious, charitable, educational
made by law. institutions and their properties
2. However, this rule does not prohibit 2. All revenues and assets of NON-
continuing appropriations, e.g. for STOCK NON-PROFIT
debt servicing, for the reason that EDUCATIONAL institutions are
this rule does not require yearly or exempt from taxes and duties
annual appropriation. PROVIDED that such revenues and
assets are actually, directly and
o Four phases of Governments budgeting exclusively used for educational
process: purposes (sec. 4 (3) Art XIV).
1. Budget preparation 3. Grants, endowments, donations or
2. Legislative authorization contributions used actually,
3. Budget execution directly and exclusively for
4. Budget accountability educational purposes shall be
exempt from tax, subject to
d. Taxation (Sec 28, Art VI) conditions prescribed by law (sec. 4
Nature (4) Art XIV).
o Sec 28 is an enumeration of the limits o Special Funds
on the inherent and otherwise unlimited 1. Money collected on a tax levied for
power a special purpose shall be treated
as a special fund and paid out for
Purposes
such purpose only.
o Pay debts and provide for the common
2. Once the special purpose is fulfilled
defense and general warfare;
or abandoned, any balance shall be
o Raise revenue;
transferred to the general funds of
o Instrument of national and social policy;
the Government
o Instrument for extermination of
undesirable acts and enterprises; e. Concurrence in Treaties and international
o Tool for regulation; agreements (Sec 21, Art VII)
o Imposition of tariffs designed to Treaties and other international agreements
encourage and protect locally produced which are in the nature of original
goods against competition for imports. agreements of a permanent nature or which
establish national policy, or involve political
Limitations
issues or changes in national policies need
o Public. Power to tax should be
the concurrence of 2/3 of the members of
exercised only for a public purpose.
the Senate.
o Uniform and Equitable.
1. Operates with the same force and Executive agreements which are merely
effect in every place where the implementation of treaties or statutes or of
subject of it is found well-established policies or are of transitory
2. Does not prohibit classification for effectivity do not require Senate
the purpose of taxation concurrence.
3. Requirements for valid f. War Powers (Sec 23 (1), Art VI)
classification: Congress in joint session assembled and
i. Based on substantial voting separately shall have the sole power
distinctions which make real to declare the existence of war
differences Philippines renounces war as an instrument
ii. Germane to the purpose of law of national policy
iii. Applies to present and future Even though the legislature can declare
conditions substantially existence of war and enact measures to
identical to those of the present support it, the actual power to make war is
iv. Applies equally to those who lodged nonetheless in the executive
belong to the same class
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
6. Delegation of Powers RA 7716 (EVAT Law) did not violate Sec. 24, Art.
VI (Origination Clause). It is important to
a. General rule: Congress cannot delegate its
legislative power (Potestas delegate non
emphasize that it is the law, and not the bill, 19
which is required to originate exclusively
CONSTITUTIONAL LAW I
potest delegare) from the HoR, because the bill may undergo
b. Exceptions such extensive changes in the Senate that the
1. Delegation of tariff powers to the result may be the rewriting of the whole.
President (Art VI sec. 28(2)). To insist that a revenue statute, and not just the bill,
2. Delegation of emergency powers to the must be substantially the same as the House bill
President (Art VI sec. 23(2)). would be to deny the Senates power not only to
o Preconditions: concur with amendments but also to propose
i. Limited time period amendments. It would violate the co-equality of
CA 671 passed delegative legislative power of the Senate. [Tolentino vs.
emergency powers to the Secretary of Finance (1994)]
president in times of war and
other national emergencies. B. Procedure for the Passage of Bills
Since said grant was given to
meet the emergencies i. Procedure for Enactment:
incidental to the war, such
powers ceased at the time the Introduction: must be by any member of the
war stopped House of Representatives or Senate except for
some measures that must originate only from the
ii. Power may be withdrawn by
former chamber
resolution, not necessary that it
be done through statute First reading: The reading of the title and the
iii. Subject to restrictions as the number; the bill is passed by the Senate
congress may provide President or Speaker to the proper committee
3. Delegation to the people at large.
4. Delegation to local governments. Second reading: Entire text is read and debates
5. Delegation to administrative bodies are held, and amendments introduced.
(rule-making power). The bill as approved in the second reading is
printed in its final form and copies are distributed
Tests for a Valid Delegation three days before the third reading
1. The Completeness Test Third reading: Only the title is read, no
The law must be complete in all its terms and amendments are allowed. Vote shall be taken
conditions when it leaves the legislature so that immediately thereafter and the yeas and nays
there will be nothing left for the delegate to do entered in the journal.
when it reaches him except enforce it.
Sent to the other chamber: once the bill passes
2. The Sufficient Standard Test the third reading, it is sent to the other chamber
The law must fix a standard, the limits of which where it will also go under three readings
are sufficiently determinate or determinable, to
which the delegate must conform in the Enrolled Bill: The bill is printed as finally
performance of his functions. [Pelaez vs. Auditor approved by the Congress, authenticated with
General, (1965)] the signatures of the Senate President or the
Speaker and the Secretary and approved by the
7. Legislative Process President
A. Bills that Must Originate EXCLUSIVELY from
ii. Submission to the President; Presidents Veto
the House of Representatives
power (Sec 27, Art VI)
(Sec. 24, Art VI):
Every bill, in order to become a law, must be
i. Appropriation bills (A bill appropriating a sum of presented to and signed by the President.
money from the public treasury.) A bill creating a If the President does not approve of the bill,
new office, and appropriating funds therefor is he shall veto the same and return it with his
NOT an appropriation bill. objections to the House from which it
ii. Revenue bills (A bill specifically designed to raise originated. The House shall enter the
money or revenue through imposition or levy.) objections in the journal and proceed to
iii. A law regulating an industry, though incidentally reconsider it.
imposing a tax, does not make the law a revenue The President must communicate his
bill. decision to veto within 30 days from the date
iv. Tariff bills of receipt thereof. If he fails to do so, the bill
shall become a law as if he signed it.
v. Bills authorizing the increase of public debt
To override the veto, at least 2/3 of ALL the
vi. Bills of local application
members of each House must agree to pass
vii. Private bills the bill. In such case, the veto is overridden
and becomes a law without need of
presidential approval.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
b. Requirements for peoples initiative:
not object. 12 % of the total number of registered voters
at least 3% of all registered voters in every
Veto of a Rider
district should be represented
o A rider is a provision which does not relate to a
c. No amendments shall be authorized within 5
particular appropriation stated in the bill.
years following the ratification of the new
o Since it is an invalid provision under Section
Constitution.
25(2), the President may veto it as an item.
The right of the people to directly propose
The executive's veto power does not carry amendments to the Constitution through the
with it the power to strike out conditions or system of initiative would remain entombed in the
restrictions. If the veto is unconstitutional, it cold niche of the Constitution until Congress
follows that the same produced no effect provides for its implementation. Stated otherwise,
whatsoever, and the restriction imposed by the while the Constitution has recognized or granted
appropriation bill, therefore, remains. [Bolinao that right, the people cannot exercise it if
Electronics Corp vs Valencia, (1964)] Congress, for whatever reason, does not
provide for its implementation.
DOCTRINE OF INAPPROPRIATE
PROVISIONS- A provision that is constitutionally Held: RA 6735 is incomplete, inadequate, or wanting
inappropriate for an appropriation bill may be in essential terms and conditions insofar as initiative
singled out for veto even if it is not an on amendments to the Constitution is concerned.
appropriation or revenue item. [Gonzales vs
Macaraig, (1990)] The court cited the following reasons:
1. Sec 2 of the Act does not suggest an initiative on
The Constitution provides that only a particular amendments to the Constitution. The inclusion of
item or items may be vetoed. The power to the word "Constitution" therein was a delayed
disapprove any item or items in an appropriate afterthought. That word is neither germane nor
bill does not grant the authority to veto a part of relevant to said section.
an item and to approve the remaining portion of 2. Unlike in the case of the other systems of
the same item. [Bengzon vs. Drilon, (1992)] initiative, the Act does not provide for the
contents of a petition for initiative on the
The terms item and provision in budgetary Constitution.
legislations and practice are concededly different. An While the Act provides subtitles for National
item in a bill refers to the particulars, the details, the Initiative and Referendum and for Local Initiative
distinct and severable parts . . . of the bill. It is an and Referendum, no subtitle is provided for
indivisible sum of money dedicated to a stated initiative on the Constitution. Also, while RA 6735
purpose. An 'item' of an appropriation bill means an exerted utmost diligence and care in providing for
item which in itself is a specific appropriation of the details in the implementation of initiative and
money, not some general provision of law, which referendum on national and local legislation, it
happens to be put into an appropriation bill.'" failed, rather intentionally, to do so on the system
of initiative on amendments to the Constitution.
The president cannot veto unavoidable obligations [Santiago vs Comelec, (1997)]
such as the payment of pensions which has already
been vested by the law. The veto is invalid since it is The court cited the following reasons for holding
violated the separation of property and the judiciarys that there was failure to comply with 2, Art.XVII
fiscal autonomy. of the Constitution: (a) the initiative petition did
C. Effectivity of Laws not present the full text of the proposed
amendments; and (b) the proposed changes
Article 2 (CC) constituted revision not amendment. The
Laws shall take effect after fifteen days following the essence of amendments directly proposed by
completion of their publication in the Official Gazette, unless the people through initiative upon a petition
it is otherwise provided. This code shall take effect one year is that the entire proposal on its face is a
after such publication. petition by the people. This means two
essential elements must be present. First, the
unless otherwise provided this phrase refers to
people must author and thus sign the entire
the date of effectivity, and not to the very act of
proposal. No agent or representative can sign on
publication. Complete publication is
their behalf. Second, as an initiative upon a
indispensable.
petition, the proposal must be embodied in a
Executive Order No. 200 (June 18, 1987): petition. Further, a peoples initiative could only
Amended Art II of CC to include any newspaper propose amendments not revisions. Only
of general circulation as a means of publication Congress or a constitutional convention can
other than the Official Gazette propose both amendments and revisions to the
Constitution. A change in the form of government
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
from presidential and bicameral Congress to Essential Requisites for Judicial Review
parliamentary and unicameral legislature a. Actual case or controversy
constitutes revision and not merely amendment. This means that there must be a genuine 21
[Lambino v Comelec, (2006)] conflict of legal rights and interests which
CONSTITUTIONAL LAW I
can be resolved through judicial
determination. [John Hay vs. Lim, (2003)]
II. Judiciary
(Asked 28 times in the Bar) This precludes the courts from entertaining the
following:
A. In General i. Request for an advisory opinion [Guingona
vs. CA, (1998)]
1. Judicial Power v. Judicial Review ii. Cases that are or have become moot and
(Asked 6 times in the Bar) academic, unless ---
JUDICIAL POWER JUDICIAL REVIEW
capable of repetition yet evading review
Where Supreme Court Supreme Court [Alunan III v. Mirasol, (1997); Sanlakas
vested Lower courts Lower courts v. Executive Secretary, (2004)]; or
Definition Duty to settle actual Power of the courts when the court feels called upon to
controversies to test the validity exercise its symbolic function and
involving rights of executive and provide future guidance [Salonga v.
which are legally legislative acts in Pao, (1985)]
demandable and light of their
enforceable, and to conformity with the b. Standing: NOT the same as real party in interest
determine whether Constitution A proper party is one who has sustained or is in
or not there has [Angara v. Electoral imminent danger of sustaining a direct injury as
been a grave abuse Commission
a result of the act complained of [NACHURA,
of discretion (1936)]
amounting to lack or citing IBP v. Zamora (2000)]. The alleged injury
excess of jurisdiction must also be capable of being redressed by a
on the part of any favorable judgment [Tolentino v. Comelec,
branch or (2004)].
instrumentality of the i. requires partial consideration of the merits of
Government [Art. the case in view of its constitutional and
VIII, Sec. 1, Par. 2]
public policy underpinnings [Kilosbayan vs
Requisites for Jurisdiction power 1. Appropriate
exercise to decide and hear a case: actual
Morato, (1995)]
case and execute a case or ii. may be brushed aside by the court as a
decision thereof controversy mere procedural technicality in view of
2. Standing: transcendental importance of the issues
personal and involved [Kilosbayan vs Guingona, (1994);
substantial Tatad vs DOE, (1995)]
interest
3. Question raised
iii. Who are proper parties?
at the earliest taxpayers, when public funds are
opportunity involved [Tolentino vs Comelec, (2004)]
4. Lis mota of the Government of the Philippines, when
case questioning the validity of its own laws
[People vs Vera, (1937)]
When the judiciary mediates to allocate
legislators, when the powers of
constitutional boundaries, it does not assert
Congress are being impaired [Philconsa
any superiority over the other departments; it
vs Enriquez, (1994)]
does not in reality nullify or invalidate an act of
citizens, when the enforcement of a
the legislature, but only asserts the solemn and
public right is involved [Taada vs
sacred obligation assigned to it by the
Tuvera, (1985)]
Constitution to determine conflicting claims of
authority under the Constitution and to c. Constitutional question must be raised at the
establish for the parties in an actual earliest possible opportunity, except:
controversy the rights which that instrument i. in criminal cases, at the discretion of the
secures and guarantees to them. This is in court
truth all that is involved in what is termed "judicial ii. in civil cases, if necessary for the
supremacy" which properly is the power of determination of the case itself
judicial review under the Constitution. [Angara v.
iii. when the jurisdiction of the court is involved
Electoral Commission, (1936)]
[NACHURA]
Functions of Judicial Review d. Decision on the constitutional question must be
a. Checking determinative of the case itself.
b. Legitimating
c. Symbolic [NACHURA] The reason for this is the doctrine of separation
of powers which requires that due respect be
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
Political Question Doctrine after all, said Article has
The term political question refers to: (1) matters been substantially complied
to be exercised by the people in their primary with, and, in effect, the 1973
political capacity; or (2) those specifically Constitution has been
delegated to some other department or constitutionally ratified.
particular office of the government, with
discretionary power to act. It is concerned with Effect of a Declaration of Unconstitutionality
issues dependent upon the wisdom, not legality, a. Orthodox view
of a particular measure. [Taada v. Cuenco, An unconstitutional act is not a law; it confers no
(1957)] rights; it imposes no duties; it affords no
protection; it creates no office; it is inoperative, as
In recent years, the Court has set aside this doctrine if it had not been passed at all.
and assumed jurisdiction whenever it found b. Modern view
constitutionally-imposed limits on the exercise of Pelaez v. Auditor General, (1965)
powers conferred upon the Legislative and Executive Certain legal effects of the statute prior to its
branches [BERNAS]. declaration of unconstitutionality may be
recognized. [NACHURA]
POLITICAL QUESTION JUSTICIABLE
CONTROVERSY
Alejandrino v. Quezon, Avelino v. Cuenco, (1949): 2. Appointment and Qualifications
(1924): The legislatures election of Senate President
exercise of disciplinary was done without the SC and CA RTC MTC/
power over its member is required quorum JUSTICE JUDGE MCTC
not to be interfered with by JUDGE
the Court. Citizenship Natural-
Vera v. Avelino, (1946): Taada v. Cuenco, (1957): born Filipino
inherent right of the The selection of the Filipino
legislature to determine who members of the Senate Age At least 40 At least At least
shall be admitted to its Electoral Tribunal is subject years old 35 years 30 years
membership to constitutional limitations. old old
Mabanag v. Lopez-Vito, Cunanan v. Tan, Jr., (1962): Experience 15 years or Has been engaged for
(1947): Proposal to amend The Commission on more as a at least 5 years in the
the Constitution is a highly Appointments is a judge or a practice of law* in the
political function performed constitutional creation and lower court Philippines or has held
by Congress in its sovereign does not derive its power or has public office in the
capacity. from Congress. been Philippines requiring
Osmea v. Pendatun, Gonzales v. Comelec, engaged in admission to the
(1960): disciplinary power of (1967); Tolentino v. the practice practice of law as an
the legislature Comelec, (1971): of law in indispensable requisite
abandoned Mabanag v. the Phils.
Lopez-Vito for the
Severino v. Governor- Lansang v. Garcia, (1971): same
General, (1910): Mandamus Suspension of the privilege period
and injunction could not lie of the writ of habeas corpus Tenure Hold office during good behavior until
to enforce or restrain a duty is not a political question. they reach the age of 70 or
which is discretionary become incapacitated to discharge
(calling a special local their duties
election). Characteristics Person of proven competence,
Montenegro v. Castaeda, Javellana v. Executive integrity, probity and independence
(1952): Authority to decide Secretary, (1973): WON the
whether the exigency has 1973 Constitution had been Practice of law is not confined to litigation.
arisen requiring the ratified in accordance with It means any activity in and out of court, which
suspension of the privilege the 1935 Constitution is requires the application of law, legal procedure,
of the writ of habeas corpus justiciable. knowledge, training and experience. [Cayetano v.
belongs to the President.
Monsod, (1991)]
Manalang v. Quitoriano,
(1954): Presidents
appointing power is not to 3. Disqualification from Other Positions or
be interfered with by the
Offices
Court.
Javellana v. Executive Art. VIII, Sec. 12. The Members of the Supreme Court and
Secretary, (1973): The of other courts established by law shall not be designated to
people may be deemed to any agency performing quasi-judicial or administrative
have cast their favorable functions.
votes in the belief that in
doing so they did the part
required of them by Article
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
The issue concerns the legal right of the any treaty, international or executive agreement, law,
members of the SC, sitting as a board of presidential decree, proclamation, order, instruction,
arbitrators, the decision of a majority of whom ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost,
23
shall be final, to act in that capacity.
assessment, or toll, or any penalty imposed in relation
CONSTITUTIONAL LAW I
It was held that the SC and its members thereto.
should not and cannot be required to exercise (c) All cases in which the jurisdiction of any lower court
any power or to perform any trust or to assume is in issue.
any duty not pertaining to or connected w/ the (d) All criminal cases in which the penalty imposed is
administering of judicial functions. [Meralco vs reclusion perpetua or higher.
Pasay Transportation Co., (1932)] (e) All cases in which only an error or question of law is
involved.
A judge in the CFI shall not be detailed with the
Department of Justice to perform administrative
iii. Congressional power vis--vis SC
functions as this contravenes the doctrine of Art. VIII, Sec. 2. The Congress shall have the power to
separation of powers. [Garcia vs Macaraig, define, prescribe, and apportion the jurisdiction of the
(1972)] various courts [subject to the following
conditions/limitations:
CONSTITUTIONAL LAW I
c. Shall not diminish, increase or modify SC en banc. [Id., Sec. 4(2)]
substantive rights
ii. In divisions
ii. Administrative Requirement and Procedures:
a. Assign temporarily judges of lower courts to With the concurrence of a majority of the
other stations as public interest may require; Members who actually took part in the
shall not exceed 6 months without the deliberations and voted
consent of the judge concerned In no case without the concurrence of at
b. Order a change of venue or place of trial to least three of such Members
avoid a miscarriage of justice; When required number is not obtained,
c. Appoint all officials and employees of the the case shall be decided en banc:
Judiciary in accordance with the Civil Service Provided: that no doctrine or principle of
Law; law laid down by the court in a decision
d. Supervision over all courts and the rendered en banc or in division may be
personnel thereof; modified or reversed except by the court
e. Discipline judges of lower courts, or order sitting en banc
their dismissal by a vote of a majority of the
Members who actually took part in the The Supreme Court sitting en banc is not an
deliberations on the issues in the case and appellate court vis--vis its Divisions. The
voted [en banc]. only constraint is that any doctrine or
principle of law laid down by the Court, either
4. Manner of Sitting and Required Votes rendered en banc or in division, may be
overturned or reversed only by the Court
i. En banc sitting en banc.[ Firestone Ceramics v. CA,
a. decided with the concurrence of a majority (2000)]
of the Members who actually took part in
the deliberations and voted. iii. Provisions of the Rules of Court
b. Instances when the SC sits en banc: (C-DD-
Rule 56, Sec. 7. Procedure if opinion is equally divided.
MM-PO) Where the court en banc is equally divided or the
Those involving the constitutionality, necessary majority cannot be had, the case shall again
application, or operation of: (TOIL- be deliberated on, and if after such deliberation no
PIPOO) decision is reached, the original action commenced
Treaty in the court shall be dismissed; in appealed cases,
Orders the judgment or order appealed from shall stand
affirmed; and on all incidental matters, the petition or
International or executive
motion shall de denied.
agreement
Law Rule 125, Sec. 3. Decision if opinion is equally
Presidential decrees divided. When the Supreme Court en banc is
Instructions equally divided or the necessary majority cannot
Proclamations be had on whether to acquit the appellant, the
Ordinances case shall again be deliberated upon and if no
Other regulations decision is reached after re-deliberation, the
Exercise of the power to discipline judgment of conviction of the lower court
judges of lower courts, or order their shall be reversed and the accused acquitted.
dismissal [Art. VIII, Sec. 11]
Cases or matters heard by a division 5. Requirements as to Decisions
where the required number of votes to (applicable also to lower collegiate courts)
decide or resolve (the majority of those
who took part in the deliberations on the i. Conclusions shall be reached in consultation
issues in the case and voted thereon before the case is assigned to a Member for the
and in no case less than 3 members) is writing of the opinion;
not met [Art. VIII, Sec. 4(3)] ii. Certification to this effect signed by the Chief
Modifying or reversing a doctrine or Justice shall be issued and a copy thereof
principle of law laid down by the court in attached to the record of the case and served
a decision rendered en banc or in upon the parties;
division [Art. VIII, Sec. 4(3)] iii. Any Member who took no part, or dissented, or
Actions instituted by citizen to test the abstained from a decision or resolution must
validity of a proclamation of martial law state the reason;
or suspension of the privilege of the writ iv. Decision shall clearly and distinctly express
[Art. VII, Sec. 18] the facts and the law on which it is based
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
and litigants that it disposes of the bulk of its Representative of the private sector (1
cases by minute resolutions and decrees year)
them as final and executory, as where a iii. Clerk of SC as Secretary ex officio
case is patently without merit, where the
issues raised are factual in nature, where the 2. Function
decision appealed from is supported by i. Recommending appointees to the Judiciary;
substantial evidence and is in accord with ii. Such other functions and duties as the SC
the facts of the case and the applicable laws, may assign.
where it is clear from the records that the
petition is filed merely to forestall the early
3. Procedure
i. Members of the SC and Judges of lower
execution of judgment and for non-
courts
compliance with the rules. The resolution
denying due course or dismissing the appointed by the Pres. from a list of at
petition always gives the legal basis. As least 3 nominees prepared by the JBC
emphasized in In Re: Wenceslao Laureta for every vacancy
(1987), The Court is not duty bound to no confirmation needed
render signed Decisions all the time. It has ii. Lower courts
ample discretion to formulate Decisions President shall issue the appointments
and/or Minute Resolutions, provided a within 90 days from the submission of
legal basis is given, depending on its the list
evaluation of a case. This is the only way
whereby it can act on all cases filed before it
and, accordingly discharge its constitutional III. Executive
functions. [Borromeo vs. Court of Appeals, (Asked 34 times in the Bar)
(1990)]
A. The President
6. Mandatory Period for Deciding Cases
1. Qualifications, Election, Term and Oath
SUPREME LOWER LOWER COURTS
COURT COLLEGIATE i. Qualifications (Sec. 2, Art VII)
COURTS natural-born citizen of the Philippines
24 months 12 months, unless 3 months, unless a registered voter
from date of reduced by SC reduced by SC able to read and write
submission
at least forty years of age on the day of the
Art. VIII, Sec. 15(3). Upon the expiration of the election
corresponding period, a certification to this effect signed by a resident of the Philippines for at least ten
the Chief Justice or the presiding judge shall forthwith be years immediately preceding such election.
issued and a copy therefor attached to the record of the case o residency and domicile mean the same
or matter, and served upon the parties. The certification shall thing under election law
state why a decision or resolution has not been rendered
o The ff must be taken into consideration:
or issued within said period.
1. bodily presence
Art. VIII, Sec. 15(4). Despite the expiration of the 2. animus manendi
applicable mandatory period, the court, without prejudice to 3. animus revertendi
such responsibility as may have been incurred in The candidate must be qualified on the day
consequence thereof, shall decide or resolve the case or of the elections.
matter submitted thereto for determination, without further
delay. ii. Term and Election (Sec. 4, Art VII)
Elected by direct vote of the people
C. Judicial and Bar Council Unless otherwise provided by law, the
regular election for President and Vice-
1. Composition President shall be held on the second
i. Ex Officio Members Monday of May.
Chief Justice as ex officio Chairman Canvassing of votes:
o Congress shall promulgate rules for
Secretary of Justice
canvassing of the certificates.
Representative of the Congress
o Board of canvassers duly certifies
ii. Regular Members
returns of every election for President
appointed by the President for a term of
and VP and transmits them to
4 years with the consent of the
Congress, directed to the Senate
Commission on Appointments but the
President.
term of those initially appointed shall be
staggered as to create continuity
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
o Senate President shall, not later than 30 The person who succeeds as
days after the day of election (2nd President and not just in an acting
Tuesday of June), open all certificates in capacity, could either be 26
the presence of the members of (i) the Vice-President, or
CONSTITUTIONAL LAW I
Congress in a joint public session. The (ii) one who was elected President
Congress, upon determination of the in a special election.
authenticity and due execution of the B. Vice President
certificates, shall canvass the votes. o shall not serve for more than 2
o The persons having the highest number successive terms.
of votes shall be proclaimed elected. In o a voluntary renunciation of office for
case of a tie, one of the candidates shall any length of time, shall not be
be chosen by the vote of a majority of all considered an interruption in the
the members of Congress, voting continuity of the service for the full terms
separately. for which he was elected. (par 2, Sec. 4,
o The Supreme Court en banc, shall be Art VII).
the sole judge of all contests relating to applicable beginning 1992, because
the election, returns, and qualifications of the Transitory Provisions. This
of the President, or VP, and may prohibition is similar to that
promulgate its rules for the purpose. applicable to Senators.
Regular Election and Term Canvassing of Election Returns
o The President and Vice-President (who shall o Congress acts as Board of Canvassers of
be elected with and in the same manner as every election for President and Vice-
the President) shall be elected by direct vote President.
of the people for a term of 6 years
o Term shall begin on the noon of June 30 Electoral Tribunal for the Election of the
next following the day of election. *The President and Vice- President
regular election for President and Vice- o The Supreme Court, sitting en banc, shall be
nd the sole judge of all contests relating to
President shall be held on the 2 Monday of
May. (Art. VII, Sec. 4 pars. 1 & 3). the election, returns, and qualifications of
the President or Vice-President, and may
Special Election and Term promulgate its rules for that purpose. (par 7,
o A special election to elect the President and Sec. 4, Art VII.)
Vice-President shall be called by Congress, while election controversies in the
pursuant to Art VII, Section 10, if Congress are under the exclusive
1. a vacancy occurs in the offices of jurisdiction of their respective Electoral
President and Vice- President Tribunals, those in the Executive are
2. more than 18 months under the Supreme Court itself.
3. before the date of the next regular
presidential election. iii. Oath of Office (Sec 5, Art VII)
o The failure of the SC to issue an injunction Before they enter into office, the President,
on time is a decision in itself in favor of the the Vice-President or the Acting President
validity of the law calling for Snap Elections shall take the following oath or affirmation:
despite the absence of vacancy. [Philippine
Bar Association, Inc. v COMELEC, (1985)] "I do solemnly swear (or affirm) that I will
o The Constitution is silent as to whether the faithfully and conscientiously fulfill my duties
persons elected in the special election shall as President (or Vice-President or Acting
serve only for the unexpired portion of the President) of the Philippines, preserve and
term. defend its Constitution, execute its laws, do
justice to every man, and consecrate to
Whether the new President can run for re- myself to the service of the Nation. So help
election if he has not served more than 4 me God." (In case of affirmation, last
years (Art VII, Section 4, par. 1) depends on sentence will be omitted.)
the construction of the phrase "has
succeeded as the President. 2. Privilege and Salary
Re-election o The President shall have an official residence.
A. President o The salaries of the President and Vice-President
o Not eligible for any re-election. shall be determined by law and shall not be
o No person who has "succeeded" as decreased during their tenure.
President and has served as such for No increase in said compensation shall take
more than 4 years, shall be qualified for effect until after the expiration of the term of
any election to the same office (the the incumbent during which such increase
Presidency) at any time. (par. 1 Sec. 4, was approved.
Art VII) Unless the Congress provides otherwise, the
President shall receive an annual salary of P
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
300,000 (Sec 17, Art XVIII) increased during the term for which he was
o They shall not receive during their tenure any elected
other emolument from the Government or any
(2.) Sec. 2, Art IX-A
27
other source.
No member of the Constitutional Commission
CONSTITUTIONAL LAW I
during his term, shall:
3. Prohibitions (Sec 13, Art VII) o hold any other office or employment.
o Prohibited acts: o engage in the practice of any profession or in
i. Hold any other office or employment during the active management or control of any
their tenure, unless otherwise provided in the business which in any way may be affected
Constitution by the functions of his office
ii. Directly or indirectly practice any other o be financially interested, directly or indirectly,
profession in any contract with, or in any franchise or
iii. Directly or indirectly participate in any privilege granted by the Government, any of
business its subdivisions, agencies, or
iv. Be financially interested in any contract with, instrumentalities, including government-
or in any franchise, or special privilege owned or controlled corporations or their
granted by the Government or any subsidiaries.
subdivision, agency or instrumentality
(3.) Sec. 7. Art IX B
thereof, including GOCCs or their
No elective official during his tenure shall:
subsidiaries.
o be eligible for appointment or designation in
v. Appoint Presidents spouse and relatives by
any capacity to any public office or position.
consanguinity or affinity within the 4th civil
No appointive official shall:
degree as Members of the Constitutional
o hold any other office or employment in the
Commissions, or the Office of the
Government or any of its subdivisions,
Ombudsman, or as Secretaries,
agencies or instrumentalities, including
Undersecretaries, chairmen or heads of
GOCCs or their subsidiaries.
bureaus or offices, including GOCCs and
their subsidiaries.
(4.) Sec. 12, Art VIII
o Who are prohibited? The Members of the Supreme Court and of other
1. President courts established by law shall not be designated
2. Vice-President, to any agency performing quasi-judicial or
3. the Members of the Cabinet, and their administrative functions.
deputies or assistants
o Exceptions to rule prohibiting executive
The stricter prohibition applied to the Pres. and his officials from holding additional positions:
official family under Sec. 13, Art. VII as compared to
a. President
the prohibition applicable to appointive officials in
general under Art. IX, B, Sec. 7, par. 2 are proof of (1) The President can assume a Cabinet
the intent of the 1987 Constitution to treat them as post, (because the departments are
a class by itself and to impose upon said class mere extensions of his personality,
stricter prohibitions. according to the Doctrine of Qualified
However, the prohibition against holding dual or Political Agency, so no objection can
multiple offices or employment under Art. VII, Sec. 13 be validly raised based on Sec. 13, Art
must not be construed as applying to posts VII
occupied by the Executive officials specified (2) The President is the Chairman of NEDA.
therein w/o additional compensation in an ex- (Sec. 9, Art XII)
officio capacity as provided by law and as required
by the primary functions of said official's office. The b. Vice-President
reason is that these posts do not comprise "any xxx The Vice-President may be appointed as
other office" w/in the contemplation of the member of the Cabinet. Such appointment
constitutional prohibition but are properly an requires no confirmation (Sec 3, Art VII)
imposition of additional duties and function on
said officials. [Civil Liberties Union v Executive c. Cabinet
Secretary, (1991)] (1) The Secretary of Justice shall be an ex-
o Prohibitions against other officials officio member of the Judicial and Bar
(1.) Sec. 13, Art VI Council. ( Sec. 8[1], Art VIII)
No Senator or Member of the House of (2) Unless otherwise allowed by law or by
Representatives, during his term, may: the primary functions of his position,
o hold any other office or employment in the appointive officials shall not hold any
Government, or any of its subdivisions, other office or employment in the
agencies, or instrumentalities including Government or any subdivision, agency
GOCCs or their subsidiaries or instrumentality thereof, including
o be appointed to any office which may have government- owned or controlled
been created or the emoluments thereof
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
corporations or their subsidiaries. (Art. ii. Permanent Vacancy in the Presidency during
IX, B, 7, par. 2) the term
Art. VII, Sec. 13 talks of "unless otherwise Causes Effect
28
provided by the Constitution." In the case of President's VP shall become President
CONSTITUTIONAL LAW I
Cabinet members, this refers to Art. IX, B, 7, 1. death for the unexpired portion of
par. 2. 2. permanent disability, the term. (par. 1)
3. removal from office
Thus, the Constitution allows a Cabinet (impeached), or
member to hold another office provided 4. resignation*
either Both the President's and Senate President or, in case
(1) such is necessitated by the primary VP's of his inability, the Speaker
functions of his position 1. death of the House, shall become
2. permanent disability Acting President until the
a. Secretary of Trade and Industry as
3. removal from office President or VP shall have
Chairman of NDC (impeached) been "elected" (pursuant to
b. Secretary of Agrarian Reform as 4. resignation Art. VII, Sec. 10) and
Chairman of the Land Bank qualified. (par. 1.)
(2) such is allowed by law. Acting President Congress shall by law,
1. dies provide "who" shall be
2. becomes permanently Acting President until the
4. Succession disabled President or VP shall have
3. resigns been "elected" (pursuant to
Vacancy in the Presidency Art. VII, Sec. 10) and
Two sets of rules in succession: qualified. Acting President
1. vacancy took place before the beginning of the shall be subject to the same
term on June 30 restrictions of powers and
2. vacancy during the pendency of the terms that disqualifications.(par. 2)
commences on June 30 * The presidents resignation must be willful and
i. Temporary or permanent vacancy in the intentional, and it must be strictly construed.
Presidency before the term When impeachment proceedings have become
moot due to the resignation of the Pres, proper
Causes Effect criminal and civil cases may already be filed
1. President has not yet VP shall act as President against him. [Estrada v. Desierto (2001)]
qualified (e.g. he had until the President-elect shall
an operation and so he have qualified, or shall have * The totality test was applied to determine
could not take his oath been "chosen and qualified, whether or not the president has indeed
of office on June 30) as the case may be. (pars. 2 resigned. Many things were considered including
2. President has not yet & 3, sec 7, Par VII). the Angara Diary. [Resn on the Motion for Recon
been "chosen" and
qualified (e.g. there is a
(2001]
tie and Congress has Comparisons and distinctions between the two
not yet broken the tie)
vacancies:
President-elect VP elect shall become the
1. dies, or President. (par. 4, Sec 7, Art a) The incumbent President never holds-over the
2. becomes permanently VII) Presidency in any case.
disabled b) The vacancy must occur in the offices of both the
Both President and VP Senate President, or in case President and Vice-President in order for the Senate
1. have not been "chosen" of his inability, the Speaker President, or the Speaker, or, in their inability, the
or of the House, shall act as one provided to succeed according to the Law of
2. have not qualified, or President until a President
Succession passed by the Congress, to succeed as
3. die, or or a VP shall have been
4. become permanently "chosen" and qualified. (par.
Acting President until the qualification of the Presi-
disabled 5) dent.
c) The Law on Succession must be passed by the
In case both Senate Congress in both cases in the event that the
President and Speaker of President, Vice-President, Senate President and the
the House are unable to act Speaker are all unable to act as President. But in
as President, Congress shall the case of a vacancy occurring before the term, the
by law, provide for the law provides only for the "manner of selecting" the
"manner of selecting" the Acting President, while in the case of a vacancy
one who will act as occurring during the term, it provides for "the
President until a President person" who shall act as President. In both cases,
or VP shall have been either the stint of the Acting President is temporary.
"chosen" or "elected" d) When the vacancy comes before the term, the
pursuant to the special Constitution talks of the successor acting as
election referred to in Art VII, President until a President has been "chosen" and
Sec 10, and qualified.
"qualified"; when it comes during, it talks of
"elected" and qualified. The reason is that before
the term, the vacancy in the Presidency need not be
filled up by election, since it may be filled up by a
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
vote of Congress in case of a tie (Art. VII, Sec. 4, (xxx the President certifies to the necessity
par. 5); but during the term, the only way to fill up of its immediate enactment to meet a
the vacancy is by special election. public calamity or emergency xxx) 29
e) A special election in both cases is held, pursuant to b. shall become law upon its approval on
CONSTITUTIONAL LAW I
Art. VII, Sec. 10, only when both offices of President third reading by the Congress.
and Vice-President are vacant. However, if the Appropriations for the special election
vacancy occurs before the term, the grounds are a. charged against any current appropriations
limited to 2 (death and permanent disability or both), b. exempt from the requirements of
while if the vacancy occurs during the term, the paragraph 4, Section 25, Article VI of this
grounds are 4 (death, permanent disability, removal, Constitution.
and resignation). (A special appropriations bill shall specify
f) The vacancy that occurs before the term of office the purpose for which it is intended, and
may be temporary or permanent; the vacancy that shall be supported by funds actually
occurs during the term of office can only be a available as certified by the National
permanent one. Thus, a different set of rules Treasurer, or to be raised by a
applies, to be discussed next following, in case of corresponding revenue proposal therein)
the temporary inability of the President during the 3. The convening of the Congress cannot be
term of office. suspended nor the special election postponed.
4. No special election shall be called if the vacancy
Special election in Sec. 10, Art VII. occurs within eighteen months before the date of
the next presidential election.
1. The Congress shall, at ten o'clock in the morning
of the third day after the vacancy in the offices of
iii. Temporary Vacancy in the Presidency During
the President and Vice-President occurs,
the term
convene in accordance with its rules without
need of a call o A vacancy in the Presidency arising from his
2. Within seven days enact a law calling for a disability can occur in any of the ff ways:
special election to elect a President and a Vice- 1. A written declaration by the President
President to be held not earlier than forty-five 2. Written declaration by the Cabinet
days nor later than sixty days from the time of 3. Finding by Congress by 2/3 vote that the
such call. President is disabled.
The bill calling such special election: o In all these cases, the Vice-President temporarily
a. is deemed certified under paragraph 2, acts as the President.
Section 26, Article VI
o Serious Illness of the President (Sec 12, Art VII) The same shall constitute the Articles of
a. The public shall be informed of the state of Impeachment, and trial by the Senate shall
his health. forthwith proceed. 30
b. The members of the Cabinet in charge of
5. No impeachment proceedings shall be initiated
CONSTITUTIONAL LAW I
national security and foreign relations and
the Chief of Staff of the Armed Forces of the against the same official more than once within a
Philippines, shall not be denied access to the period of one year.
President during such illness. 6. The Senate shall have the sole power to try and
decide all cases of impeachment. No person shall
5. Removal be convicted without the concurrence of two-
thirds of all the Members of the Senate.
i. Impeachment, Sec. 2, Art XI. o When sitting for that purpose, the Senators
o Who are Subject to Impeachment: shall be on oath or affirmation.
The President o When the President of the Philippines is on
the Vice-President trial, the Chief Justice of the Supreme Court
the Members of the Supreme Court shall preside, but shall not vote.
the Members of the Constitutional 7. Judgment in cases of impeachment shall not
Commissions extend further than:
Ombudsman o removal from office and
o Reasons for Impeachment o disqualification to hold any office under the
culpable violation of the Constitution Republic of the Philippines.
treason But the party convicted shall nevertheless be
bribery liable and subject to prosecution, trial, and
graft and corruption punishment according to law.
other high crimes
betrayal of public trust. The officer can still be tried for a criminal case
o All other public officers and employees may be aside from impeachment. (BERNAS)
removed from office as provided by law, but not Initiation - governed by the rules of the House of
by impeachment. Reps;
ii. Impeachment Process Art. XI, Sec. 3. Trial-governed by the rules of the Senate.
1. Who may initiate The basic issue here was the
The House of Representatives shall have the constitutionality of the filing of the second
exclusive power to initiate all cases of impeachment complaint against then Chief
impeachment. Justice Davide. The following are the pertinent
constitutional provisions:
2. Verified Complaint
a. A verified complaint for impeachment may be Art. XI, Section 3 (1) The House of
filed by any Member of the House of Representatives shall have the exclusive power
Representatives or by any citizen upon to initiate all cases of impeachment. [Francisco
resolution of endorsement by any Member v. House of Representatives, (2003)]
thereof xxx
b. Verified Complaint shall be included in the (5) No impeachment proceedings shall be
Order of Business within ten session days, initiated against the same official more than once
and referred to the proper Committee within within a period of one year.
three session days thereafter. The Court held that once an impeachment
c. The Committee, after hearing, and by a complaint has been initiated and subsequently
majority vote of all its Members, shall submit dismissed, another impeachment complaint may
its report to the House within sixty session no longer be filed until after the lapse of one year.
days from such referral, together with the In so ruling, the Court differentiated between the
corresponding resolution. initiation of the impeachment case and the
d. The resolution shall be calendared for impeachment proceeding. The latter is initiated
consideration by the House within ten when a verified complaint is filed and referred to
session days from receipt thereof. the House Committee on Justice for action, or by
3. Number of votes necessary the filing of at least 1/3 of the Members of the
A vote of at least one-third of all the Members of House with the Secretary General of the House.
the House shall be necessary either to affirm a In consequence therefore, once an impeachment
favorable resolution with the Articles of complaint has been initiated, another
Impeachment of the Committee, or override its impeachment complaint may not be filed against
contrary resolution. The vote of each Member the same official within a 1-year period. The
shall be recorded. House Impeachment Rules were thereby
declared unconstitutional for giving the term
4. In case the verified complaint or resolution of initiate a different meaning, i.e., it pegged the
impeachment is filed by at least one-third of all initiation of the impeachment proceedings to,
the Members of the House. among others, the finding by the House
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
Committee on Justice that the verified complaint the Constitution or by the law to act in person or
and/or resolution is sufficient in substance. the exigencies of the situation demand that he act
personally, the multifarious executive and 31
6. Powers and Functions of the President administrative functions of the Chief Executive
CONSTITUTIONAL LAW I
are performed by and through the executive
o Executive power depts., performed and promulgated in the regular
o Control of executive departments course of business, are, unless disapproved or
o General supervision of local governments reprobated by the Chief Executive, presumptively
o Power of appointment acts of the Chief Executive. [Free Telephone
o Executive clemencies Workers Union vs. Minister of Labor and
o Commander in chief powers Employment (1981)]
Military powers
Suspension of the writ of habeas corpus
Martial law (C) General Supervision of Local Governments
o Emergency powers and Autonomous Regions
o Contracting and guaranteeing foreign loans The President shall exercise general supervision
o Powers over foreign affairs over local governments. (Sec 4, Art X)
o Power over legislation
o Immunity from suit The President shall exercise general supervision
over autonomous regions to ensure that laws are
faithfully executed. (Sec 16, Art X)
(A) Executive Power
o It is the duty to implement the laws within the Supervision and Control Distinguished
standards imposed by the legislature. *This Supervision Control
power is exercised by the President. (Sec 1 Art - Overseeing or the power or - Power of an officer to
VII) authority of the officer to see alter, modify, nullify
o The President shall have control of all the that subordinate officers or set aside what a
perform their duties, and if the subordinate officer had
executive departments, bureaus, and offices. He
latter fail or neglect to fulfill done and to
shall ensure that the laws be faithfully executed them, then the former may take substitute the
(Sec 17). such action or steps as judgment of the former
The Court held that as administrative head of prescribed by law to make for that of the latter.
the government, the President is vested with them perform these duties.
- This does not include the power
the power to execute, administer and carry to overrule their acts, if these
out laws into practical operation. [National acts are within their discretion.
Electrification Commission vs. CA (1997)]
The powers of the President cannot be said to be (D) Power of appointment
limited only to the specific power enumerated in
the Constitution. In other words, executive power o Definition: the selection, by the authority vested
is more than the sum of specific powers so with the power, of an individual who is to exercise
enumerated. the functions of a given office.
The framers did not intend that by enumerating o Appointment is distinguished from:
the powers of the Pres, he shall exercise those 1. Designation imposition of additional duties,
powers and no other. usually by law, on a person already in the
These unstated residual powers are implied public service
from the grant of executive power and which 2. Commission written evidence of the
are necessary for the Pres to comply with his appointment
duties under the Constitution. [Marcos vs
o Classification of Power of Appointment:
Manglapus (1989)]
1. With the consent of the Commission on
(B) Control of Executive Departments Appointments
(Sec 17, Art VII)
There are 4 groups of officers whom the
Control is the power of an officer to alter or Pres may appoint:
modify or nullify or to set aside what a 1. Heads of the Executive Department,
subordinate has done in the performance of his ambassadors, other public ministers and
duties and to substitute one's own judgment to consuls, officers of the armed forces
that of a subordinate. from the rank of colonel or naval captain
and other officers whose appointments
Qualified political agency doctrine (also alter
are vested in him;
ego principle)- all the different executive and
2. All other officers of the government
administrative organizations are mere adjuncts of
whose appointments are not otherwise
the Executive Department, the heads of the
provided by law;
various executive departments are assistants and
3. Those whom the President may be
agents of the Chief Executive, and, except in
authorized to appoint;
cases wherein the Chief Executive is required by
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
from the provision of appointments requiring otherwise provided for by law.
th
confirmation and were included in the 4 2. Upon Recommendation of the Judicial and
group and hence, their appointments no Bar Council
longer need confirmation. [Sarmiento vs
Mison, (1987)] (a) Members of the Supreme Court and all
other courts. (Sec 9, Art VIII)
The seats reserved for sectoral reps may be a. Appointments need no confirmation
filled by appointment by the President under b. For lower courts, appointment shall
Art XVIII, Sec7. It is indubitable that sectoral be issued within 90 days from
representatives to the House are among the submission of the list
other officers whose appointments are (b) Ombudsman and his 5 deputies (for
vested in the Pres in this Constitution, Luzon, Visayas, Mindanao, general and
st
referred to in the 1 sentence of Art. VII, Sec. military) Sec 9 Art XI
16. These appointments require the a. Such appointments shall require no
confirmation of the Commission on confirmation.
Appointments. b. All vacancies shall be filled within
Notes: From the rulings in Sarmiento III v. three months after they occur.
Mison 1987, Bautista v. Salonga 1989, and
Deles v. Constitutional Commission 1989, 3. Appointment of Vice-President as Member of
these doctrines are deducible: the Cabinet (Sec 3, Art.VII)
1. Confirmation by the Commission on o Appointment requires no confirmation
Appointments is required only for 4. Appointments solely by the President (Sec.
presidential appointees as mentioned in 16, Art VII)
the first sentence of Sec. 16, Art. VII,
including those officers whose 1. Those vested by the Constitution on the
appointments are expressly vested by President alone (e.g. appointment of
the Constitution itself in the President: Vice-President to the Cabinet) [Art. VII,
(a) Heads of the executive departments Sec. 3(2)]
(b) Ambassadors, other public 2. Those whose appointments are not
ministers and consuls otherwise provided by law.
(c) Officers of the Armed Forces of the 3. Those whom he may be authorized by
Philippines with the rank of colonel law to appoint.
or naval captain (because these are
officers of a sizeable command 4. Those other officers lower in rank whose
enough to stage a coup) appointment is vested by law in the
(d) Other officers whose appointments President (alone).The phraseology is
are vested in the President in the muddled:
Constitution: Sarmiento v Mison (1987):
(i) Chairman and Commissioners In arguing that even bureau chiefs needed
of the Constitutional confirmation even if they are of inferior rank,
Commissions (Sec 1 Art IX-B, the basis was the phrase, "the Congress
Sec 1 (2) Art IX-B, Sec 1(2) Art may, by law, vest in the appointment of other
Ix-D) officers lower in rank in the President alone".
(ii) Regular members of the This meant that until a law is passed giving
Judicial and Bar Council (Sec 8 such appointing power to the President
(2) Art VII) alone, then such appointment has to be
(iii) Sectoral representatives (Sec 7 confirmed. The SC dismissed this view
Art XVIII, Sec 18 Art X) however, saying that the inclusion of the
word "alone" was an oversight. Thus, the
2. Confirmation is not required when the Constitution should read "The Congress
President appoints other government may, by law, vest the appointment of other
officers whose appointments are not officers lower in rank in the President."
otherwise provided for by law or those
officers whom he may be authorized by o Limitations on appointing power of the
law to appoint (like the Chairman and President
Members of the Commission on Human
Rights). Also, as observed in Sarmiento a. The spouse and relatives by
v. Mison, when Congress: consanguinity or affinity within the 4th
o creates inferior offices but omits to civil degree of the President shall not,
provide for appointment thereto, or during his "tenure", be appointed as (sec
13, Art VII)
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
(iii) Secretaries,
(iv) Undersecretaries, there is no law that prohibits local
(v) Chairmen or heads of bureaus or elective officials from making
offices, including government- appointments during the last days of his
owned or controlled corporations or her tenure. [De Rama v. CA (2001)]
and their subsidiaries.
o Interim or recess appointments
b. The President shall have the power to
make appointments during the recess 1) Regular and recess (ad-interim)
of the Congress, whether voluntary or appointments
compulsory, but such appointments Appointments requiring confirmation
shall be effective only until disapproval are of two kinds
by the Commission on Appointments or (i) regular, if the CA, that is,
until the next adjournment of the Con- Congress, is in session
gress. (par 2, Sec 16, Art VII) (ii) during the recess of Congress
c. Two months immediately before the next (because the Commission shall
presidential elections (2nd Monday of meet only while Congress is in
March), and up to the end of his "term" session [Art. VI, Sec. 19]).
(June 30), a President (or Acting Regular appointment - one made by
President) shall not make appointments. the President while Congress is in
(Sec 15, Art VII) session, takes effect only after
Exception: confirmation by the Commission on
Temporary appointments, to executive Appointments, and once approved,
positions, when continued vacancies will continues until the end of the term of the
(1) prejudice public service (e.g appointee.
Postmaster); or Ad-interim appointment - one made by
(2) endanger public safety (e.g. Chief of the President while Congress is not in
Staff). session, takes effect immediately, but
The SC ruled that while "midnight ceases to be valid if disapproved by the
appointments" (note: made by Commission on Appointments or upon
outgoing President near the end of his the next adjournment of Congress. (Art.
term) are not illegal, they should be VII, Sec. 16, par. 2)
made in the capacity of a "caretaker" Ad interim appointment a
doubly careful and prudent in making permanent appointment made by
the selection, so as not to defeat the the Pres in the meantime that
policies of the incoming administration. Congress is in recess. It is
The filling up of vacancies in important permanent as it takes effect
posts, if few, and so spaced as to afford immediately and can no longer be
some assurance of deliberate action and withdrawn by the President once
careful consideration of the need for the the appointee has qualified into
appointment and the appointees office. The fact that it is subject to
qualifications, may be undoubtedly the confirmation of the Commission
permitted. But the issuance of 350 on Appointments does not alter its
appointments in one night and the permanent character. Hence, said
planned induction of almost all of them a appointment is effective until (1)
few hours before the inauguration of the disapproved by the CA or (2) the
new President may be regarded as next adjournment of Congress
abuse of presidential prerogatives. [Matibag vs Benipayo (2002)]
[Aytona vs Castillo (1962)]
2) Acting/Temporary appointment can be
The SC emphasized that the Aytona withdrawn or revoked at the pleasure of
ruling does not declare all midnight the appointing power. The appointee
appointments as invalid, and that the ad does not enjoy security of tenure. This
interim appointment of the petitioner is the kind of appointment that the
chief of police here, whose qualification Constitution prohibits the Pres from
and regularity were not disputed, except making to the independent constitutional
for the fact that it was made during the commissions.
last few days of the old administration, is The mere filing of a motion for
thus not invalid. [Quimsing vs reconsideration of the confirmation of an
Tajanglangit (1964)] appointment cannot have the effect of
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
action on its part for the confirmation to on whom it is bestowed, from the
be recalled. punishment the law inflicts for the crime
Also, the power to approve or he has committed. It is a remission of
disapprove appointments is conferred guilt, a forgiveness of the offense.
on the CA as a body and not on the [People v Vera, supra]
individual members. [Pacete vs Plenary or partial
Secretary (1971)] o Plenary - extinguishes all the
penalties imposed upon the
3) Temporary Designations offender, including accessory
Admin Code of 1987, Book III Sec. 17 disabilities
The President may designate an officer o Partial does not extinguish all
already in the govt. service or any other penalties imposed
competent person to perform the functions of
Absolute or conditional
any office in the executive branch,
appointment to which is vested in him by law,
o Conditional - the offender has the
when: right to reject the same since he
(a) The officer regularly appointed to the may feel that the condition imposed
office is unable to perform his duties by is more onerous than the penalty
reason of illness, absence or any other sought to be remitted.
cause; or o Absolute pardon - pardonee has no
(b) There exists a vacancy; option at all and must accept it
In no case shall a temporary designation
whether he likes it or not. In this
exceed one (1) year.
sense, an absolute pardon is similar
to commutation, w/c is also not
o Limitations on the appointing power of the subject to acceptance by the
Acting President offender.
1. Appointments extended by an Acting d. Remit fines and forfeitures, after conviction
President shall remain effective unless by final judgment
revoked by the elected President within
o Except:
ninety days from his assumption or
(a) In cases of impeachment, and
reassumption of office. (Sec. 14 Art VII)
(b) As otherwise provided in this Constitution
2. A President or Acting President shall not No pardon, amnesty, parole or
make appointments two months suspension of sentence for violation of
immediately before the next presidential election laws, rules, and regulations
elections and up to the end of his term shall be granted by the President
except temporary appointments to without the favorable recommendation
executive positions when continued by the Commission (on Elections.) (Sec
vacancies therein will prejudice 5, Art IX)
public service or endanger public
o The President shall also have the power to grant
safety. (Sec 15, Art VII)
amnesty with the concurrence of a majority of all
the Members of the Congress. (Sec 19, Art VII)
7. Executive Clemencies Amnesty - a sovereign act of oblivion for past
acts, granted by government generally to a
o The President may grant: class of persons who have been guilty
a. Reprieves usually of political offenses and who are
a temporary relief from or postponement subject to trial but have not yet been con-
of execution of criminal penalty or victed, and often conditioned upon their
sentence or a stay of execution. return to obedience and duty within a
(BLACK) prescribed time. (BLACK; Brown v Walker,
It is the withholding of a sentence for an 161 US 602).
interval of time, a postponement of
Probation - a disposition under which a
execution, a temporary suspension of
defendant after conviction and sentence is
execution. [People vs. Vera, supra]
released subject to conditions imposed by
b. Commutations the court and to the supervision of a
Reduction of sentence. (BLACK) probation officer. [Sec. 3 (a), PD 968.]
It is a remission of a part of the Parole - suspension of the sentence of a
punishment; a substitution of a less convict granted by a Parole Board after
penalty for the one originally imposed. serving the minimum term of the inde-
[People vs. Vera, supra] terminate sentence penalty, without granting
c. Pardons, and a pardon, prescribing the terms upon which
Permanent cancellation of sentence. the sentence shall be suspended. [REYES]
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
exercised after conviction; (2) that such o Who may avail of amnesty? (Case Law) (Asked 5
power does not extend to cases of times in the Bar)
impeachment. [Cristobal v Labrador
(1940)] Amnesty Proclamation No. 76 applies even
to Hukbalahaps already undergoing
o Absolute pardon has the effect of removing sentence upon the date of its promulgation.
the disqualification from voting and being The majority of the Court believes that by its
elected incident to criminal conviction under context and pervading spirit the proclamation
Sec 94(a) of the Election Code. extends to all members of the Hukbalahap.
The Chief Executive, after inquiry into the [Tolentino vs Catoy (1948)]
environmental facts, should be at liberty to
atone the rigidity of the law to the extent of The SC agreed with the Sandiganbayan that
relieving completely the party or parties in fact the petitioners were expressly
concerned from the accessory and resultant disqualified from amnesty. The acts for
disabilities of criminal conviction. [Pelobello which they were convicted were ordinary
v. Palatino (1941)] crimes without any political complexion
and consisting only of diversion of public
Pardon implies guilt and does not erase the funds to private profit. The amnesty
fact of the commission of the crime and the proclamation covered only acts in the
conviction thereof. It does not ipso facto furtherance of resistance to duly constituted
restore a convicted felon to a public office authorities of the Republic and applies only
necessarily relinquished or forfeited by to members of the MNLF, or other anti-
reason of the conviction although such government groups. [Macaga-an vs People
pardon undoubtedly restores his eligibility for (1987)]
appointment to that office. [Monsanto vs
Factoran (1989)] 8. Powers as Commander-in-Chief
Notes: o Powers as Commander-in-Chief:
"Pardon granted after conviction frees the a. He may call out such armed forces to
individual from all the penalties and legal prevent or suppress lawless violence,
disabilities and restores him to all his civil rights. invasion or rebellion.
But unless expressly grounded on the b. He may suspend the privilege of the writ of
person's innocence (w/c is rare), it cannot bring habeas corpus, or
back lost reputation for honesty, integrity and fair c. He may proclaim martial law over the entire
dealing. Philippines or any part thereof.
This must be constantly kept in mind lest we
lose track of the true character and purpose of o Subject to judicial review to determine whether or
the privilege. xxx" not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction (par.
o Application of Pardoning Powers to 2, Sec 1, Art VIII)
Administrative Cases
If the President can grant reprieves, a. Call out the AFP to prevent lawless violence
commutations and pardons, and remit fines
This is merely a police measure meant to quell
and forfeitures in criminal cases, with much
disorder. As such, the Constitution does not
more reason can she grant executive
regulate its exercise radically
clemency in administrative cases, which are
clearly less serious than criminal offenses. It is not disputed that the President has full
However, the power of the President to grant discretionary power to call out the armed forces
executive clemency in administrative cases and to determine the necessity for the exercise of
refers only to administrative cases in the such power. While the Court may examine
Executive branch and not in the Judicial or whether the power was exercised within
Legislative branches of the govt. [Llamas v constitutional limits or in a manner constituting
Executive Secretary (1991)] grave abuse of discretion, none of the petitioners
here have, by way of proof, supported their
Removal of Administrative Penalties assertion that the President acted without factual
Sec. 53, Chapter 7, Subtitle A, Title I, Book V, basis. The President, in declaring a state of
Administrative Code of 1987 rebellion and in calling out the armed forces, was
Removal of Administrative Penalties or merely exercising a wedding of her Chief
Disabilities.-- In meritorious cases and upon Executive and Commander-in-Chief powers.
recommendation of the (Civil Service) These are purely executive powers, vested on
Commission, the President may commute or the President by Sections 1 and 18, Article VII, as
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
Assailed is PP1017 (Declaration of State of the emergency situation and the
National Emergency). It is different from the law difficulty in applying for a warrant
in Sanlakas as this proclamation was woven out considering the time and the number of
of the calling out and take care powers of the persons to be arrested.
President joined with the temporary takeover The crime for which he is arrested must
provision under Art. XII, section 17. be one related to rebellion or invasion.
As to other crimes, the suspension of
the privilege does not apply.
2) During the suspension of the privilege of the
PP1017 purports to grant the President, without writ, any person thus arrested or detained
authority or delegation from Congress, to take shall be judicially charged within 3 days, or
over or direct the operation of any privately- otherwise he shall be released. (Art. VII,
owned public utility or business affected with Sec. 18, par. 6).
public interest.
The effect of the suspension of the
privilege, therefore, is only to extend the
periods during which he can be detained
without a warrant. When the privilege is
The SC held that while the President could validly suspended, the period is extended to 72
declare the existence of a state of national hours.
emergency even in the absence of a
What happens if he is not judicially
Congressional enactment, the exercise of the
charged nor released after 72 hours?
emergency powers, such as the taking over of
The public officer becomes liable under
privately-owned public utility or business affected
Art. 125 for "delay in the delivery of
with public interest, requires a delegation from
detained persons."
Congress which is the repository of emergency
powers. 3) The right to bail shall not be impaired even
when the privilege of the writ of habeas
PP1017 did not authorize said temporary take
corpus is suspended. (Art. III, Sec. 13)
over without authority from Congress. [David v.
Arroyo (2006)]
c. Proclaim Martial Law
b. Suspend the privilege of the writ of habeas o Requisites:
corpus 1) There must be an invasion or rebellion, and
2) Public safety requires the proclamation of
A "writ of habeas corpus" is an order from the
martial law all over the Philippines or any
court commanding a detaining officer to inform
part thereof.
the court
(i) if he has the person in custody, and o Effects of the proclamation of martial law:
(ii) his basis in detaining that person.
The President can:
The "privilege of the writ" is that portion of the writ 1) Legislate
requiring the detaining officer to show cause why he 2) Order the arrest of people who obstruct the
should not be tested. Note that it is the privilege that war effort.
is suspended, not the writ itself.
o But the following cannot be done (Art. VII, Sec.
o Requisites: 18, par. 4)
1) There must be an invasion or rebellion, and a. Suspend the operation of the Constitution.
2) The public safety requires the suspension. b. Supplant the functioning of the civil courts
and the legislative assemblies.
o Effects of the suspension of the privilege:
martial law is proclaimed only because
1) The suspension of the privilege of the writ
the courts and other civil institutions like
applies only to persons "judicially charged"
Congress have been shut down. It
for rebellion or offenses inherent in or directly
should not happen that martial law is
connected with invasion (Art. VII, Sec. 18,
declared in order to shut down the civil
par. 5).
institutions.
Such persons suspected of the above
c. Confer jurisdiction upon military courts and
crimes can be arrested and detained agencies over civilians, where civil courts are
without a warrant of arrest. able to function.
The suspension of the privilege does "open court" doctrine
not make the arrest without warrant o holds that civilians cannot be tried
legal. But the military is, in effect, by military courts if the civil courts
enabled to make the arrest, anyway are open and functioning.
since, with the suspension of the o if the civil courts are not functioning,
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
then civilians can be tried by the The Role of the Supreme Court
military courts. [Art. VII, Sec. 18, par. 3]
o Martial law usually contemplates a
o The Supreme Court may review, in an
37
case where the courts are already
appropriate proceeding filed by any citizen, the
CONSTITUTIONAL LAW I
closed and the civil institutions have
already crumbled, that is a "theater sufficiency of the factual basis of:
of war." If the courts are still open, (a) the proclamation of martial law or the
the President can just suspend the suspension of the privilege of the writ, or
privilege and achieve the same (b) the extension thereof. It must promulgate its
effect. decision thereon within 30 days from its
d. Automatically suspend the privilege of the filing. (Sec 18 (3), Art. VII)
writ of habeas corpus. o The jurisdiction of the SC may be invoked in a
The President must suspend the proper case.
privilege expressly.
The Role of Congress [Art. VII, Sec. 18, pars. 1-2] o Petition for habeas corpus
When a person is arrested without a warrant
a. Congress may revoke the proclamation of martial for complicity in the rebellion or invasion, he
law or suspension of the privilege of the writ of or someone else in his behalf has the
habeas corpus before the lapse of 60 days from standing to question the validity of the
the date of suspension or proclamation proclamation or suspension.
b. Upon such proclamation or suspension, Before the SC can decide on the legality of
Congress shall convene at once. If it is not in his detention, it must first pass upon the
session, it shall convene in accordance with its validity of the proclamation or suspension.
rules without need of a call within 24 hours o Test of Arbitrariness: [IBP v. Zamora, (2000)]
following the proclamation or suspension. to be used by the Supreme Court in so
c. Within 48 hours from the proclamation or the reviewing the act of the President in
suspension, the President shall submit a report, proclaiming or suspending, or the act of
in person or in writing, to the Congress (meeting Congress in extending
in joint session of the action he has taken). seeks to determine the sufficiency of the
factual basis of the measure.
d. The Congress shall then vote jointly, by an The question is not whether the President or
absolute majority. It has two options: Congress acted correctly, but whether he
(i) To revoke such proclamation or suspension. acted arbitrarily in that the action had no
basis in fact.
When it so revokes, the President amounts to a determination of whether
cannot set aside (or veto) the revocation or not there was grave abuse of discre-
as he normally would do in the case of tion amounting to lack or excess of
bills. jurisdiction. (Sec 1(2) Art. VIII)
(ii) To extend it beyond the 60-day period of its The issue there raised was whether in
validity. suspending the privilege of the writ in 1971,
Congress can only so extend the Marcos had a basis for doing so. The SC, in
proclamation or suspension upon the considering the fact that the President based
initiative of the President. his decision on (a) the Senate report on the
The period need not be 60 days; it could condition in Central Luzon and (b) a closed
be more, as Congress would determine, door briefing by the military showing the
based on the persistence of the extent of subversion, concluded that the
emergency. President did not act arbitrarily. One may
If Congress fails to act before the disagree with his appreciation of the facts,
measure expires, it can no longer but one cannot say that it is without basis.
extend it until the President again [Lansang v Garcia (1971)]
redeclares the measure. o 2 conditions must concur for the valid exercise of
o Congress cannot "validate" the proclamation or authority to suspend the privilege:
suspension, because it is already valid. (a) there must be an actual invasion,
insurrection, rebellion or imminent danger;
o If Congress extends the measure, but before the and
period of extension lapses the requirements for (b) public safety must require the suspension of
the proclamation or suspension no longer exist, the privilege. [This holding of the SC is now
Congress can lift the extension, since the power found in Art. VII, Sec. 18, par. 3.] The
to confer implies the power to take back. function of the court is to check and not
supplant the executive or to ascertain merely
o If Congress does not review or lift the order, this whether he has gone beyond the
can be reviewed by the Supreme Court pursuant constitutional limits of jurisdiction. The
to the next section. proper standard is not correctness but
arbitrariness.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
There are 4 ways, then, for the proclamation or o Meaning of power necessary and proper
suspension to be lifted: (P-C-S-O) Power to issue rules and regulations
1) Lifting by the President himself This power is:
38
2) Revocation by Congress (1) for a limited period, and
CONSTITUTIONAL LAW I
3) Nullification by the Supreme Court (2) subject to such restrictions as Congress may
4) Operation of law after 60 days provide.
The power ceases:
Military trial of civilians void even under Martial (a) upon being withdrawn by resolution of the
Law, if civil courts are open. (Sec 18(4) Art. Congress, or, if Congress fails to adopt such
VII,). resolution,
(b) upon the next (voluntary) adjournment of
Cf. RA 7055 (1991) "An Act Strengthening Congress. For the fact that Congress is able
Civilian Supremacy over the Military by Returning to meet in session uninterruptedly and
to the Civil Courts the Jurisdiction over Certain adjourn of its own will proves that the
Offenses involving Members of the Armed Forces emergency no longer exists is to justify the
of the Philippines, other Persons Subject to delegation.
Military Law, and the Members of the Philippine
National Police, Repealing for the Purpose This rule or the termination of the grant of
Certain Presidential Decrees" emergency powers is based on decided cases,
RA 7055 effectively placed upon the civil which in turn became Art. VII, Sec. 15 of the
courts the jurisdiction over certain offenses 1973 Constitution.
involving members of the AFP and other The Congress granted the President certain
members subject to military law. emergency powers. (CA671) After the war,
RA 7055 provides that when these Congress held a special session. The SC
individuals commit crimes or offenses held that the emergency power lasted only
penalized under the RPC, other special until Congress held its regular session. The
penal laws, or local government ordinances, fact that Congress could now meet meant
regardless of whether civilians are co- that there was no emergency anymore that
accused, victims, or offended parties which would justify the delegation. The assertion
may be natural or juridical persons, they that new legislation is needed to repeal
shall be tried by the proper civil court, except CA671 is not in harmony with the
when the offense, as determined before Constitution. If a new law were necessary to
arraignment by the civil court, is service- terminate it, then it would be unlimited and
connected in which case it shall be tried by indefinite. This would create an anomaly
court-martial. since what was intended to meet a
temporary emergency becomes a permanent
The assertion of military authority over law. [Araneta v Dinglasan (1949)]
civilians cannot rest on the President's power
as Commander in Chief or on any theory of The specific power to continue in force laws
martial law. As long as civil courts remain and appropriations which would lapse or
open and are regularly functioning, military otherwise become inoperative is a limitation
tribunals cannot try and exercise jurisdiction on the general power to exercise such other
over civilians for offenses committed by them powers as the executive may deem
and which are properly cognizable by civil necessary to enable the government to fulfill
courts. To hold otherwise is a violation of the its responsibilities and to maintain and
right to due process. [Olaguer vs Military enforce its authority. [Rodriguez v Gella
Commission No. 34 (1987)] (1953)]
9. Emergency powers (Sec 23, Art. VI). o Inconsistency between the Constitution and the
cases: (BARLONGAY)
o The Congress may by law authorize the The Constitution [Art. VI, Sec. 23 (2)] states
President to exercise powers necessary and that the emergency powers shall cease upon
proper to carry out a declared national policy. the next adjournment of Congress unless
sooner withdrawn by resolution of Congress
o Different from the Commander-in-Chief clause: Cases tell us that the emergency powers
When the President acts under the shall cease upon resumption of session.
Commander-in-Chief clause, he acts under a Reconciling the two: it would not be enough
constitutional grant of military power, which for Congress to just resume session in order
may include the law-making power. that the emergency powers shall cease. It
When the President acts under the has to pass a resolution withdrawing such
emergency power, he acts under a emergency powers, otherwise such powers
Congressional delegation of law-making shall cease upon the next adjournment of
power. Congress.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
10. Contracting and Guaranteeing Foreign The agreement is not a "treaty" as the term
Loans is used in the Constitution. The agreement
was never submitted to the Senate for 39
o Requisites for contracting and guaranteeing concurrence. It must be noted that a treaty
CONSTITUTIONAL LAW I
foreign loans: is not the only form that an international
1. With the concurrence of the monetary board agreement may assume. For the grant of
(Sec 20, Art VII) treaty making power to the Executive and the
2. subject to limitations as may be provided by Senate does not exhaust the power of the
law (Sec 21, Art XII) government over international relations.
3. information on foreign loans obtained or
Consequently, executive agreements may be
guaranteed shall be made available to the
entered into with other states and are
public (sec 21, Art XII)
effective even without the concurrence of the
o Cf. Republic Act 4860 Senate. From the point of view of
An Act Authorizing The President Of The international law, there is no difference
Philippines To Obtain Such Foreign Loans between treaties and executive agreements
And Credits, Or To Incur Such Foreign in their binding effect upon states concerned
Indebtedness, As May Be Necessary To as long as the negotiating functionaries have
Finance Approved Economic Development remained within their powers. The distinction
Purposes Or Projects, And To Guarantee, In between an executive agreement and a
Behalf Of The Republic Of The Philippines, treaty is purely a constitutional one and has
Foreign Loans Obtained Or Bonds Issued By no international legal significance. [USAFFE
Corporations Owned Or Controlled By The Veterans Assn. vs Treasurer (1959)]
Government Of The Philippines For
Economic Development Purposes Including o Nature of Executive Agreements:
Those Incurred For Purposes Of Re-Lending There are 2 classes:
To The Private Sector, Appropriating The (1) agreements made purely as executive acts
Necessary Funds Therefore, And For Other affecting external relations and independent
Purposes of or without legislative authorization, which
Approved, September 8, 1966. may be termed as presidential agreements,
and
o Role of Congress: (2) agreements entered into in pursuance of
1. The President does not need prior approval acts of Congress, or Congressional-
by the Congress Executive Agreements.
a. Because the Constitution places the
power to check the Presidents power on Although the President may, under the
the Monetary Board American constitutional system enter into
b. Congress may provide guidelines and executive agreements without previous
have them enforced through the legislative authority, he may not, by
Monetary Board executive agreement, enter into a transaction
which is prohibited by statutes enacted prior
11. Powers over Foreign Affairs thereto. Under the Constitution, the main
function of the Executive is to enforce laws
(a) Treaty-making power enacted by Congress. The former may not
interfere in the performance of the legislative
o No treaty or international agreement shall be powers of the latter, except in the exercise of
valid and effective unless concurred in by at least his veto power. He may not defeat legislative
two-thirds of all the members of the Senate. (Sec enactments that have acquired the status of
21, Art VII) law, by indirectly repealing the same through
o Treaty distinguished from executive agreements: an executive agreement providing for the
performance of the very act prohibited by
1. Executive Agreements said laws. [Gonzales v Hechanova (1963)]
entered into by the President
need no concurrence. The issue in this case is the constitutionality
International agreements involving political of the VFA. The SC held that once the
issues or changes in national policy and Senate performs the power to concur with
those involving international agreements of treaties or exercise its prerogative within the
permanent character usually take the form of boundaries prescribed by the Constitution,
TREATIES. But the international the concurrence cannot be viewed as an
agreements involving adjustments in detail abuse of power, much less a grave abuse of
carrying out well-established national policies discretion. The President, in ratifying the
and traditions and those involving a more or VFA and submitting the same for
less temporary character usually take the concurrence of the Senate, acted within the
form of EXECUTIVE AGREEMENTS. [ confines and limits of the power vested in
Commissioner of Customs vs. Eastern Sea him by the Constitution. The President
Trading (1961)] merely performed a constitutional task and
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
exercised a prerogative that chiefly pertains that Congress can take during the regular
to the functions of his office. [Bayan vs session.
Executive Secretary (2000)]
(b) Prepare and Submit the Budget
40
CONSTITUTIONAL LAW I
(b) Deportation of undesirable aliens The President shall submit to Congress within thirty
days from the opening of every regular session, as
[Qua Chee Gan vs Deportation Board (1963] the basis of the general appropriations bill, a budget
o The President may deport only according to of expenditures and sources of financing, including
grounds enumerated by law since it would be receipts from existing and proposed revenue
unreasonable and undemocratic to hold that an measures. (Sec 22, Art VII)
alien be deported upon an unstated or undefined o The budget is the plan indicating:
ground depending merely on the use of an (a) expenditures of the government,
unlimited discretion by the President. (b) sources of financing, and
o 2 ways of deporting an undesirable alien: (c) receipts from revenue-raising measures.
(a) by order of the President after due This budget is the upper limit of the appropriations bill
investigation to be passed by Congress. Through the budget,
(b) by the Commissioner of Immigration therefore, the President reveals the priorities of the
o The President can delegate the power of government.
investigation but not the power to order the arrest
of an alien. (c) Veto power
o The Deportation Board may not order the arrest
of the alien in this case. If an implied grant of o As a general rule, all bills must be approved by
power, considering that no express authority was the President before they become law, except
granted by law, would curtail the right of a person when:
then a delegation of the implied power must be (i) the veto of the President is overridden by 2/3
rejected as inimical to the liberties of the people. vote of all the Members of the House where
it originated; and
[Go Tek vs Deportation Board (1977)] (ii) the bill passed is the special law to elect the
o The Deportation Board can entertain deportation President and Vice-President.
based on grounds not specified in Sec 37 of the o This gives the President an actual hand in
Immigration Law. The Board has jurisdiction to legislation. However, his course of action is only
investigate Go Tek even if he had not been to approve it or veto it as a whole. (See
convicted yet. Legislative Power of Congress)
o The Presidents power to deport aliens and to
investigate them subject to deportation are It is true that the Constitution provides a
provided in the Revised Administrative Code. mechanism for overriding a veto (Art. VI, Sec. 27
o The State has inherent power to deport [1]). Said remedy, however, is available only
undesirable aliens. This power is exercised by when the presidential veto is based on policy or
the President. political considerations but not when the veto is
claimed to be ultra vires. In the latter case, it
o There is no legal nor constitutional provision becomes the duty of the Court to draw the
defining the power to deport aliens because the dividing line where the exercise of executive
intention of the law is to grant the Chief Executive power ends and the bounds of legislative
the full discretion to determine whether an aliens jurisdiction begin. [PHILCONSA v Enriquez
residence in the country is so undesirable as to (1994)]
affect the security, welfare or interest of the state.
o The Chief Executive is the sole and exclusive (d) Emergency Power
judge of the existence of facts which would
warrant the deportation of aliens. o In times of war or other national emergency, the
Congress, may, by law, authorize the President,
for a limited period, and subject to such
12. Power over Legislation
restrictions as it may prescribe, to exercise
(a) Message to Congress powers necessary and proper to carry out a
declared national policy. Unless sooner
The President shall address the Congress at the withdrawn by resolution of the Congress, such
opening of its regular session. He may also powers shall cease upon the next adjournment
appear before it at any other time. (Sec 23, Art thereof. (Sec 23, Art VI see discussion above)
VII)
Every 4th Monday of July, the President delivers (e) Fixing of tariff rates (Sec 28, Art VI)
the State of the Nation Address, which contains
o The Congress may, by law, authorize the
his proposals for legislation. Through this
President to fix:
speech, he can influence the course of legislation
within specified limits, and
subject to such limitations and restrictions as
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
other duties or imposts within the
manner, as the President. He may be removed from
framework of the national development
office in the same manner as the President.
program of the Government.
The Vice President may be appointed as a Member of
o Reason for delegation: highly technical nature of
the Cabinet. Such appointment requires no
international commerce, and the need to
confirmation.
constantly and with relative ease adapt the rates
to prevailing commercial standards.
1. Qualifications, Election, Term and Oath
CONSTITUTIONAL LAW I
4. Power to Appoint Personnel (sec. 4)
1. Disqualifications; Inhibitions
5. Fiscal Autonomy (sec. 5)
o No member of a Constitutional Commission shall,
during his tenure: 6. Rule-Making Power
i. hold any other office or employment shall not diminish, increase, or modify substantive
ii. engage in the practice of any profession rights (sec. 6)
iii. engage in the active management and control
of any business which in any way may be 7. Procedure
affected by the functions of his office i. Decision on any case or matter brought
iv. be financially interested, directly or indirectly, in
before it shall be decided by a majority vote
any contract with, or in any franchise or
of all its Members within 60 days of
privilege granted by the Government, any of its
subdivisions, agencies or instrumentalities,
submission for decision or resolution
including GOCCs or their subsidiaries. (Art. IX, ii. SC has certiorari jurisdiction which a party
sec.2) aggrieved by any decision, order, or ruling of
each Commission can invoke within 30 days
2. Composition and Qualifications from receipt of a copy. (sec.16)
CSC COMELEC COA
Chairman and 2 Chairman and Chairman and 2
8. Other functions provided by law
Commissioners 6 Comm Comm (sec. 8)
(Comm)
At issue was the no report, no release policy of
Natural-born citizens
At least 35 years of age
the DBM which the latter is invoking, in addition
Proven capacity for Holders of a Certified public to the fact that there is an alleged shortage of
public college accountants funds, to justify the withholding of the balance of
administration, and degree, and with not less than the CSCs annual budget. It was held that such
must not have been must not have 10 years auditing policy may not be validly enforced against
candidates for any been experience, or offices vested with fiscal autonomy like the
elective position in candidates for Members of the CSC and other Constitutional Commissions.
the lections any elective Philippine Bar Being automatic means that the budget
immediately position in the who have been
releases cannot be made contingent on the
preceding their immediately engaged in the
appointment preceding practice of law for performance of a particular act or the availability
elections at least 10 years, of funds, otherwise, the constitutional mandate of
and must not automatic and regular release would be
Majority, have been significantly emasculated.[ CSC v. DBM, (2005)]
including the candidates for
Chairman, any elective
shall be position in the B. Civil Service Commission
Members of elections (Asked 4 times in the Bar)
the Philippine immediately
Bar who have preceding their 1. Scope of Civil Service
been engaged appointment
in the practice Art. IX-B, Sec. 2(1). The civil service embraces all branches,
of law for at At no time shall subdivisions, instrumentalities, and agencies of the
least 10 years all Members of Government, including government-owned or controlled
the Commission corporations with original charters.
belong to the
same profession. 2. Terms and Conditions of Government
Employment
Appointed by the President with the consent of the
Commission on Appointments for a term of 7 years without i. Merit-based system
reappointment ii. No holding of other positions
Staggered term of Staggered term Staggered term iii. Standardization of salary
those first appointed: of those first of those first
iv. No partisan political activity
a) Chairman 7 appointed: appointed:
years a) 3 Members a) Chairman 7
v. Security of tenure Temporary employees of
b) 1 Comm 5 7 years years the Government shall be given such protection as
years b) 2 Members b) 1 Comm 5 may be provided by law.
c) Other Comm 3 5 years years vi. Right to self-organization (v. Right to strike)
years c) Last 2 c) Other Comm
Members 3 3 years Art. XIII, Sec. 3. [The State] shall guarantee the rights of all
years workers to self-organization,peaceful concerted
Appointment to any vacancy shall be only for the unexpired activities, including the right to strike in accordance with
portion of the term of the predecessor. In no case shall any law.
Member be appointed or designated in a temporary or acting
capacity.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
Art. III, Sec. 8. The right of the people, including those 5. Salary
employed in the public and private sectors, to form
unions, association, or societies for purposes not contrary
to law shall not be abridged.
i. Standardized compensation, taking into account 43
the nature of the responsibilities pertaining to,
CONSTITUTIONAL LAW I
and the qualifications required for their positions
Art. IX-B, Sec. 2(5). The right to self-organization shall not
ii. No additional, double, or indirect
be denied to government employees.
compensation unless specifically authorized by
Sec. 38, Book V, Title I, Subtitle A, Chapter 6, law
Administrative Code of 1987. iii. No elective or appointive public officer or
Who: All government employees, including those in GOCCs employee shall accept without the consent of
with original charters the Congress, any present, emolument, office,
Exception: (1) members of the AFP, (2) police officers and or title of any kind from any foreign government
policemen, (3) firemen, (4) jail guards.
Scope of right: (1) form, join or assist employees'
organizations of their own choosing for the furtherance and
protection of their interests C. Commission on Elections
(2) form, in conjunction with appropriate government
authorities, labor-management committees, work councils
(Asked 9 times in the Bar)
and other forms of workers' participation schemes to achieve
1. Powers and Functions
the same objectives
i. Enforce all laws relating to the conduct of
Employees in the Civil Service may not resort to
election:
strikes, walkouts and other temporary work
o Recommend to the Congress effective
stoppages in order to alter the terms and
measures to minimize election spending,
conditions of their employment, which are
and to prevent and penalize all forms of
generally governed and fixed by law. Government
election frauds, offenses, malpractices, and
employees may, through their unions or
nuisance candidacies
associations, either
o Submit to the President and the Congress, a
(1) petition the Congress for the betterment of
comprehensive report on the conduct of
the terms and conditions of employment
each election, plebiscite, initiative,
which are within the ambit of legislation, or
referendum, or recall
(2) negotiate with the appropriate government
ii. Decide administrative questions pertaining to
agencies for the improvement of those which
election except the right to vote;
are not fixed by law. If there be any
iii. File petitions in court for inclusion or exclusion of
unresolved grievances, the dispute may be
voters;
referred to the Public Sector Labor-
iv. Investigate and prosecute cases of violations of
Management Council for appropriate action.
election laws;
[SSS Employees Association v. CA, (1989)]
v. Recommend pardon, amnesty, parole or
suspension of sentence of election law violators;
3. Disqualifications vi. Deputize law enforcement agencies and
i. Candidate who has lost in any election, within 1 instrumentalities of the Government for the
year after such election, cannot be appointed to exclusive purpose of ensuring free, orderly,
any office in the Civil Service; honest, peaceful, and credible elections;
ii. No elective official shall be eligible for vii. Recommend to the President the removal of any
appointment or designation in any capacity to any officer or employee it has deputized for violation
public office or position during his tenure; or disregard of, or disobedience to its directive;
iii. No appointive official shall hold any other office or viii. Registration of political parties, organizations and
employment in the Civil Service unless otherwise coalitions and accreditation of citizens arms;
allowed by law or by the primary functions of his ix. Regulation of public utilities and media of
position. information.
The law limits the right of free speech and of
4. Powers and Functions access to mass media of the candidates
Art. IX-B, Sec. 3. The Civil Service Commission, as the themselves. The limitation however, bears a
central personnel agency of the Government, shall clear and reasonable connection with the
establish a career service and adopt measures to promote objective set out in the Constitution. For it is
morale, efficiency, integrity, responsiveness, precisely in the unlimited purchase of print space
progressiveness, and courtesy in the civil service. It shall and radio and television time that the resources
strengthen the merit and rewards system, integrate all of the financially affluent candidates are likely to
human resources development programs for all levels
make a crucial difference. The purpose is to
and ranks, and institutionalize a management climate
conducive to public accountability. It shall submit to the ensure "equal opportunity, time, and space,
President and the Congress an annual report on its and the right to reply," as well as uniform and
personnel programs. reasonable rates of charges for the use of such
media facilities, in connection with "public
information campaigns and forums among
candidates." [National Press Club vs Comelec,
(1992)]
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers
CONSTITUTIONAL LAW I
including pre- proclamation controversies. All such election
cases shall be heard and decided in division, provided that Art. XI, Sec. 4. The present anti-graft court known as the
motions for reconsideration of decisions shall be Sandigan-bayan shall continue to function and exercise its
decided by the Commission en banc. jurisdiction as now or hereafter may be provided by law.
CONSTITUTIONAL LAW I
bribery by law
graft and corruption 7. Disqualification
other high crimes Cannot hold any other office or employment
betrayal of public trust during tenure
5. Benefits Cannot engage in any profession or active
Ombudsman has rank of Chairman of a management/control of any business
ConCom affecting their office
Enjoys fiscal autonomy Cannot be financially interested, directly or
Automatic and regular release of funds indirectly, in any contract, franchise, or
Salary cannot be decreased during term privilege granted by the Government or its
agencies/corporations (Sec. 2, Art. IX-A)
6. Powers/Duties Cannot run for any office in the election
MAIN PURPOSE: protectors of the people immediately succeeding their term of office
Shall act promptly on complaints against Cannot be granted any financial
public officials/govt employees AND notify accommodation for business purposes,
complainants of action taken and the result directly or indirectly, within tenure.
Investigate on its own or any complaint when
appears to be: C. Commission on Human Rights
Illegal
Unjust (Asked 5 times in the Bar)
Improper 1. Composition and Qualifications
Inefficient
Direct, on its own or upon complaint, any Chairman and 4 Members
public official/govt employee to: o natural-born Filipinos
perform and expedite an act/duty o majority shall be members of the Bar
o The term of office and other qualifications
required shall be provided by law.
stop/prevent/correct any abuse or
impropriety of duty 2. Powers and Functions
Direct the officer concerned to take
Investigate, on its own or on complaint by any
appropriate action against the public
party, all forms of human rights violations involving
official/govt employee civil and political rights
Recommend for their:
removal The Commission can only protect civil and
political rights, which do not include the less
suspension
traditional social and economic rights. [Simon v.
demotion CHR, (1994)]
fine
censure o Note, however, that the reason for these modest
objectives of the Framers of the Constitution is the
prosecution desire not to overburden the CHR during its initial
Ensure compliance of the recommendation years. The limitation does not exclude the
Subject to limitations of law, direct the officer possibility of expanding the Commissions scope
concerned to furnish copies of related later --- as in fact Section 19 specifically allows
documents/contracts entered by his office (BERNAS).
involving use of public funds:
IMPT: Section 25 of the Universal Declaration of
Further report any irregularity to the Human Rights (UDHR) as well as the International
Commission on Audit Covenant on Economic, Social, and Cultural Rights
Request assistance and information from (ICESCR) are deemed part of Philippine law pursuant
other govt agencies for the discharge of his to the Incorporation Clause of the Constitution.
duties
Publicize, with due prudence, matters Art. XIII, Sec. 19. The Congress may provide for
other cases of violations of human rights that should fall
covered by investigation, whenever
within the authority of the Commission, taking into
warranted account its recommendations.
Determine the causes of the ff and make
recommendations for their eradication, and The Commission was not meant by the
observance of high standards of fundamental law to be another court or quasi-
ethics/efficiency: judicial agency in this country, or duplicate much
less take over the functions of the latter. It is
Inefficiency conceded, however, that the Commission may
Red tape investigate, i.e., receive evidence and make
Mismanagement findings of fact as regards claimed human
Fraud rights violations involving civil and political
Govt corruption rights. [Cario v. CHR, (1991)]
POLITICAL LAW REVIEWER Chapter III. NATIONAL ECONOMY and PATRIMONY
CONSTITUTIONAL LAW I
I. GENERAL PRINCIPLES
A. GOALS provided by law) longer period
B. CITIZENSHIP REQUIREMENTS [Art. XII, Sec. 2, than 50 years
C. FILIPINO FIRST par. 3] o Executive
II. NATURAL RESOURCES and
A. REGALIAN DOCTRINE managing
B. EXPLORATION, DEVELOPMENT, UTILIZATION officers must
C. STEWARDSHIP CONCEPT be Filipino
III. PRIVATE LANDS
A public utility is a business or service engaged in
IV. MONOPOLIES
regularly supplying the public with some commodity or
V. CENTRAL MONETARY AUTHORITY
service of public consequence. A joint venture falls
within the purview of an association pursuant to Sec.
11, Art. XII; thus a joint venture which would engage in
I. General Principles the business of operating a public utility must comply
with the 60%-40% Filipino-foreign capitalization
A. Goals requirement. [JG Summit Holdings v. CA, (2000)]
1. More equitable distribution of opportunities,
income and wealth C. Filipino First
2. Sustained increase in amount of goods and
services produced by the nation for the benefit Art. XII, Sec. 10. In the grant of rights, privileges, and
concessions covering the national economy and patrimony,
of the people the State shall give preference to qualified Filipinos.
3. Expanding production as the key to raising the
quality of life for all, especially the The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance
underprivileged. with its national goals and priorities.
CONSTITUTIONAL LAW I
exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general Following this framework, the SC declared the
terms and conditions provided by law, based on real following provisions of the Philippine Mining Act of
contributions to the economic growth and general welfare of 1995 (RA 7942) unconstitutional for being contrary
the country. In such agreements, the State shall promote the
to Sec. 2, Art. XII of the 1987 Constitution:
development and use of local scientific and technical
resources. a. The proviso in Sec. 3(aq), which defines a
qualified person, to wit: Provided, That a legally
The State, being the owner of the natural resources, foreign-owned corporation shall be deemed a
is accorded the primary power and responsibility in qualified person for purposes of granting an
the exploration, development and utilization thereof. exploration permit, FTAA or mineral processing
As such it may undertake these activities through four permit
modes: b. Sec. 23, which specifies the rights and
(1) The State may directly undertake such activities; obligations of an exploration permit grantee
(2) The State may enter into co-production, joint c. Sec. 33, which prescribes the eligibility of a
venture or production-sharing agreements with contractor in an FTAA
Filipino citizens or qualified corporations; d. Sec. 35, which enumerates the terms and
(3) Congress may, by law, allow small-scale conditions for every FTAA
utilization of natural resources by Filipino citizens; e. Sec. 39, which allows the contractor to convert
or the FTAA into a mineral production-sharing
(4) For the large-scale exploration, development and agreement (MPSA)
utilization of minerals, petroleum and other f. Sec. 56, which authorizes the issuance of a
mineral oils, the President may enter into mineral processing permit to a contractor in an
agreements with foreign-owned corporations FTAA
involving technical or financial assistance. The following provisions of the same Act were
[[La Bugal-BLaan Tribal Assn. v. Ramos, likewise deemed void as they are dependent on the
(Jan,2004)] foregoing provisions and cannot stand on their own:
a. Section 3 (g), which defines the term contractor,
FTAA SERVICE insofar as it applies to a financial or technical
(1987 Const.) CONTRACT
(1973 Const.)
assistance agreement;
Parties Only the A Filipino citizen, b. Section 34, which prescribes the maximum
President (in corporation or contract area in a financial or technical
behalf of the association with a assistance agreements;
State), and only foreign person or c. Section 36, which allows negotiations for financial
with entity or technical assistance agreements;
corporations d. Section 37, which prescribes the procedure for
Size of Only large-scale Contractor provides filing and evaluation of financial or technical
Activities exploration, all necessary assistance agreement proposals;
development and services and
utilization technology and the
e. Section 38, which limits the term of financial or
requisite financing, technical assistance agreements;
performs the f. Section 40, which allows the assignment or
exploration work transfer of financial or technical assistance
obligations, and agreements;
assumes all g. Section 41, which allows the withdrawal of the
exploration risks contractor in an FTAA;
Natural Minerals, Virtually the entire h. The second and third paragraphs of Section 81,
Resources petroleum and range of the
which provide for the Governments share in a
Covered other mineral oils countrys natural
resources financial and technical assistance agreement;
Scope of the Involving either Contractor provides i. Section 90, which provides for incentives to
Agreements financial or financial or technical contractors in FTAAs insofar as it applies to said
technical resources, contractors;
assistance undertakes the
The Court then struck down the Financial and
exploitation or
production of a
Technical Assistance Agreement (FTAA) entered into
given resource, or between the Government and Western Mining
directly manages Corporation (Phils.), Inc. (WMCP) for being similar to
the productive service contracts, previously allowed under the 1973
enterprise, Constitution but which are now proscribed under the
operations of the 1987 Constitution.
exploration and
exploitation of the On motion for reconsideration, the SC reversed
resources or the
disposition of
its original decision and upheld the
POLITICAL LAW REVIEWER Chapter III. NATIONAL ECONOMY and PATRIMONY
CONSTITUTIONAL LAW I
strokes. It should not be used to strangulate
economic growth or to serve narrow, parochial lost his Philippine citizenship may be a transferee
interests. Rather, it should be construed to grant the of private lands, subject to limitations provided by
President and Congress sufficient discretion and law.
reasonable leeway to enable them to attract foreign (Art. XII, sec. 8)
investments and expertise, as well as to secure for
our people and our posterity the blessings of
prosperity and peace. The Court fully sympathize with IV. Monopolies
the plight of La Bugal Blaan and other tribal groups,
Art. XIII, Sec. 19. The State shall regulate or prohibit
and commend their efforts to uplift their communities.
monopolies when the public interest so requires. No
However, the Court cannot justify the invalidation combinations in restraint of trade or unfair competition shall
of an otherwise constitutional statute along with be allowed.
its implementing rules, or the nullification of an
otherwise legal and binding FTAA contract. Although the Constitution enshrines free
enterprise as a policy, it nevertheless reserves to
The Court believes that it is not unconstitutional to the Government the power to intervene whenever
allow a wide degree of discretion to the Chief necessary for the promotion of the general
Executive, given the nature and complexity of such welfare. [Philippine Coconut Dessicators v. PCA,
agreements, the humongous amounts of capital and (1998)]
financing required for large-scale mining operations,
the complicated technology needed, and the Monopolies are not per se prohibited by the
intricacies of international trade, coupled with the Constitution but may be permitted to exist to aid
States need to maintain flexibility in its dealings, in the government in carrying on an enterprise or to
order to preserve and enhance our countrys aid in the performance of various services and
competitiveness in world markets. On the basis of this functions in the interest of the public.
control standard, the Court upholds the Nonetheless, a determination must first be made
constitutionality of the Philippine Mining Law, its as to whether public interest requires a
Implementing Rules and Regulations -- insofar as monopoly. As monopolies are subject to abuses
they relate to financial and technical agreements -- as that can inflict severe prejudice to the public, they
well as the subject Financial and Technical are subject to a higher level of State regulation
Assistance Agreement (FTAA). [La Bugal-Blaan than an ordinary business undertaking. [Agan, Jr.
Tribal Assn. v. Ramos, (Dec. 2004)] v. PIATCO, (2003)]
C. Stewardship Concept
V. Central Monetary Authority
Art. XII, Sec. 6. The use of property bears a social function,
and all economic agents shall contribute to the common [Art. XII, Sec. 20]
good.
Functions:
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have 1. Provide policy directions in the areas of money,
the right to own, establish, and operate economic banking, and credit;
enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good 2. Supervise the operations of banks;
so demands. 3. Exercise such regulatory powers as may be
provided by law over the operations of finance
Art. XIII, Sec. 6. The State shall apply the principles of
companies and other institutions performing
agrarian reform or stewardship, whenever applicable in
accordance with law, similar functions
Qualifications of the Governors:
in the disposition or utilization of other natural resources,
including lands of the public domain under lease or 1. Natural-born Filipino;
concession suitable to agriculture, 2. Known probity, integrity and patriotism;
subject to prior rights, homestead rights of small settlers, and 3. Majority shall come from the private sector
the rights of indigenous communities to their ancestral lands.
Subject to such other qualifications and
disabilities as may be provided by law
III. Private Lands Until the Congress otherwise provides, the Central
A. General Rule Bank of the Philippines operating under existing laws,
shall function as the central monetary authority.
No private lands shall be transferred or conveyed
except to individuals, corporations, or associations
qualified to acquire or hold lands of the public domain.
(Art. XII, sec. 7)
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS
CONSTITUTIONAL LAW I
I. PARTY-LIST SYSTEM less additional seats than the first party for two
II. QUESTION HOUR V. INQUIRIES IN AID OF
LEGISLATION
reasons:
III. EXECUTIVE PRIVILEGE (1) the ratio between said parties and the first party
IV. PEOPLES INITIATIVE will always be less than 1:1, and
V. RIGHT OF REPLY BILL (2) the formula does not admit of mathematical
VI. THE (ERSTWHILE) PROVINCE OF SHARIFF rounding off, because there is no such thing as a
KABUNSUAN fraction of a seat.
VII. MOA ON ANCESTRAL DOMAIN (MOA-AD)
Verily, an arbitrary rounding off could result in a
I. Party-List System violation of the twenty percent allocation. An
academic mathematical demonstration of such
The SC laid down the following guidelines for
incipient violation is not necessary because the
screening party-list participants ---
present set of facts, given the number of qualified
1) The parties must represent the marginalized and parties and the voting percentages obtained, will
underrepresented. definitely not end up in such constitutional
2) Major political parties must comply with this contravention.
statutory policy The Court has previously ruled in Guingona Jr. v.
3) Religious sects are prohibited by the Constitution Gonzales that a fractional membership cannot be
4) The party must not be disqualified under RA 7941 converted into a whole membership of one when it
5) The part must not be an adjunct of an entity or would, in effect, deprive another party's fractional
project funded by the government membership. It would be a violation of the
6) The party and its nominees must comply with the constitutional mandate of proportional representation.
requirements of the law We said further that "no party can claim more than
7) The members must come from the marginalized what it is entitled to x x x. [Veterans Federation Party
and underrepresented sectors v. Comelec, (2000)]
8) The nominee must be able to contribute to the
formulation and enactment of appropriate
legislation that will benefit the nation Formula for Determining Additional Seats for the
9) Their nominees must come from the same party. First Party
[Ang Bagong Bayani v. Comelec, (2001)] The formula for computing the number of seats to which
the first party is entitled is as follows:
The Legal and Logical Formula for the Philippines Number of votes
Proportion of votes
of first party
Step One. The initial step is to rank all the relative to total votes
------------------ =
participating parties, organizations and coalitions for party list
Total votes for
from the highest to the lowest based on the party-list system
number of votes they each received. Then the ratio
for each party is computed by dividing its votes If the proportion of votes received by the first
by the total votes cast for all the parties party without rounding it off is equal to at least six
participating in the system. All parties with at least percent of the total valid votes cast for all the
two percent of the total votes are guaranteed one party list groups, then the first party shall be
seat each. Only these parties shall be considered in entitled to two additional seats or a total of three
the computation of additional seats. The party seats overall. If the proportion of votes without a
receiving the highest number of votes shall rounding off is equal to or greater than four percent,
thenceforth be referred to as the first party. but less than six percent, then the first party shall
have one additional or a total of two seats. And if the
Step Two. The next step is to determine the number proportion is less than four percent, then the first party
of seats the first party is entitled to, in order to be able shall not be entitled to any additional seat.
to compute that for the other parties. Since the Note that the above formula will be applicable only in
distribution is based on proportional representation, determining the number of additional seats the first
the number of seats to be allotted to the other party is entitled to. It cannot be used to determine the
parties cannot possibly exceed that to which the
number of additional seats of the other qualified
first party is entitled by virtue of its obtaining the
parties. As explained earlier, the use of the same
most number of votes.
formula for all would contravene the proportional
For example, the first party received 1,000,000 votes representation parameter.
and is determined to be entitled to two additional
seats. Another qualified party which received 500,000
votes cannot be entitled to the same number of seats,
since it garnered only fifty percent of the votes won by
the first party. Depending on the proportion of its
votes relative to that of the first party whose number
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS
Formula for Additional Seats of Other Qualified total number of votes until all the additional seats
Parties are allocated.
Step Three. The next step is to solve for the number
4. Each party, organization, or coalition shall be 50
entitled to not more than three (3) seats.
of additional seats that the other qualified parties are
CONSTITUTIONAL LAW I
entitled to, based on proportional representation. The In computing the additional seats, the guaranteed
formula is encompassed by the following complex seats shall no longer be included because they have
fraction: already been allocated, at one seat each, to every
two-percenter. Thus, the remaining available seats
No. of votes of
for allocation as additional seats are the maximum
Additional seats concerned party No. of additional
for concerned = --------------- x seats allocated seats reserved under the Party List System less the
party No. of votes of to first party guaranteed seats. Fractional seats are disregarded in
the first party the absence of a provision in R.A. No. 7941 allowing
for a rounding off of fractional seats.
Incidentally, if the first party is not entitled to any
additional seat, then the ratio of the number of The three-seat cap, as a limitation to the number of
votes for the other party to that for the first one is seats that a qualified party-list organization may
multiplied by zero. The end result would be zero occupy, remains a valid statutory device that prevents
additional seats for each of the other qualified any party from dominating the party-list elections.
parties as well.
However, by a vote of 8-7, the Court decided to
The above formula does not give an exact
continue the ruling in Veterans disallowing major
mathematical representation of the number of
political parties from participating in the party-list
additional seats to be awarded since, in order to be
elections, directly or indirectly. [Barangay Association
entitled to one additional seat, an exact whole number
for National Advancement and Transparency
is necessary. In fact, most of the actual mathematical
(BANAT) v. Comelec, (2009)]
proportions are not whole numbers and are not
rounded off for the reasons explained earlier.
Puno, C.J., Concurring and Dissenting Opinion:
To repeat, rounding off may result in the awarding of a
Limiting the party-list system to the marginalized and
number of seats in excess of that provided by the law.
excluding the major political parties from participating
Furthermore, obtaining absolute proportional in the election of their representatives is aligned with
representation is restricted by the three-seat-per-party the constitutional mandate to reduce social,
limit to a maximum of two additional slots. An increase economic, and political inequalities, and remove
in the maximum number of additional representatives cultural inequalities by equitably diffusing wealth and
a party may be entitled to would result in a more political power for the common good.
accurate proportional representation. But the law itself
The evils that faced our marginalized and
has set the limit: only two additional seats. Hence, we
underrepresented people at the time of the framing of
need to work within such extant parameter. [Veterans
the 1987 Constitution still haunt them today. It is
Federation Party v. Comelec, (2000)]
through the party-list system that the Constitution
sought to address this systemic dilemma. In ratifying
SC declared the 2%-threshhold used for computing the Constitution, our people recognized how the
the allocation of additional seats under the Veterans interests of our poor and powerless sectoral groups
Formula, pursuant to Sec. 11, RA 7941, can be frustrated by the traditional political parties
unconstitutional, because it renders the attainment who have the machinery and chicanery to dominate
of the maximum number of available party seats our political institutions. If we allow major political
mathematically impossible once the available party list parties to participate in the party-list system electoral
seats exceeds 50, as in the present state of the law, process, we will surely suffocate the voice of the
where 55 seats are available to party-list marginalized, frustrate their sovereignty and betray
representatives. the democratic spirit of the Constitution.
CONSTITUTIONAL LAW I
to the full implementation and realization of the present Constitution is merely permissive. Hence,
constitutional provision on the party-list system should the President may or may not consent to the
be declared void. appearance of the heads of departments; and
even if he does, he may require that the
I submit that, until Congress shall have effected an appearance be in executive session.
acceptable amendment to the minimum vote Reciprocally, Congress may refuse the initiative
requirement in R.A. 7941, we abide by the sensible taken by a department secretary.
standard of proportional representation and adopt a
gradually regressive threshold vote requirement, 5. Likewise, Congress exercises legislative scrutiny
inversely proportional to the increase in the thru its power of confirmation.
number of party-list seats.
B. Congressional Investigation
Thus, at present, considering that there are 55 seats
allocated for party-list groups, the formula should be: Art. VI, Sec. 21. The Senate or the House of
100% Representatives or any of its respective committee may
conduct inquiries in aid of legislation in accordance with
(Total # of votes cast for party-list)
its duly published rules of procedure. The rights of persons
55 party-list seats = 1.818% appearing in or affected by such inquiries shall be respected.
The minimum vote requirement will gradually o Limitations
lessen as the number of party-list seats increases. i. Must be in aid of legislative functions
Accordingly, if the scenario we presented above ii. Must be conducted in accordance with duly
should ever come to pass, and there are 100 seats published rules of procedure
allocated for party-list groups, then the threshold vote iii. Persons appearing therein are afforded their
should be 1%, based on the following computation: constitutional rights
100% Although there is no provision in the Constitution
(Total # of votes cast for party-list) expressly investing either House of Congress
100 party-list seats = 1% with power to make investigations and exact
testimony to the end that it may exercise its
legislative functions advisedly and effectively,
II. Question Hour v. Inquiries In Aid of such power is so far incidental to the legislative
Legislation function as to be implied. In other words, the
power of inquiry with process to enforce it is
Macalintal v. Comelec, (2003), Puno, C.J., an essential and appropriate auxiliary to the
Concurring and Dissenting Opinion: legislative function. A legislative body cannot
legislate wisely or effectively in the absence of
Categories of Congressional Oversight Functions
information respecting the conditions which
A. Scrutiny legislation is intended to affect or change; and
1. Primary purpose is to determine economy and where the legislative body does not itself possess
efficiency of the operation of government the requisite information which is not
activities frequently true recourse must be had to others
2. In the exercise of legislative scrutiny, Congress who do possess it. [Arnault v. Nazareno, (1950)]
may request information and report from the
other branches of government. C. Legislative Supervision
3. based primarily on the power of appropriation of
Congress exercises supervision over the executive
Congress
agencies through its veto power.
4. Congress can ask the heads of departments to
appear before and be heard by either House of It typically utilizes veto provisions when granting the
Congress on any matter pertaining to their President or an executive agency the power to
departments. promulgate regulations with the force of law. These
provisions require the President or an agency to
Art. VI, Sec. 22. The heads of departments may, upon their
own initiative, with the consent of the President, or upon the present the proposed regulations to Congress, which
request of either House, as the rules of each House shall retains a right to approve or disapprove any
provide, appear before and be heard by such House on any regulation before it takes effect.
matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days
before their scheduled appearance. Interpellations shall not
be limited to written questions, but may cover matters related
thereto. When the security of the State or the public interest
so requires and the President so states in writing, the
appearance shall be conducted in executive session
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS
CONSTITUTIONAL LAW I
extends not only to military and diplomatic
executive branch officers to withhold information
secrets but also to documents integral to an
from Congress, the courts, and ultimately the
appropriate exercise of the executive domestic
public;
decisional and policy making functions, that is,
(2) It takes on various forms, whereby U.S.
those documents reflecting the frank expression
Presidents invoke it in order to prevent a
necessary in intra-governmental advisory and
subversion of crucial military or diplomatic
deliberative communications. [Neri v Senate
objectives, or to protect the identity of informers,
(2008)]
or to maintain the internal nature of the
formulation of governmental decisions and
Two kinds of executive privilege:
policies;
[citing In re: Sealed Case]
(3) It is based on the constitutional doctrine of
1. Presidential Communications Privilege
separation of powers. [Senate v. Ermita, (2006)]
2. Deliberative Process Privilege
exempts the executive from disclosure
requirements applicable to the ordinary citizen or
organization
CONSTITUTIONAL LAW I
A. To Whom the Right to Reply is Granted
inadequate, or wanting in essential terms and
conditions insofar as initiative on amendments to the 1. All persons accused of any crime or offense
Constitution is concerned. defined by law, or
2. Criticized by innuendo, suggestion or rumor for
The Lambino petition seeks to use the same law for a any lapse in behavior in public or private life.
new peoples initiative in order to convert the present
government set-up into a parliamentary-unicameral
system. B. Where Reply is Published or Broadcast
VI. The (Erstwhile) Province of Shariff 2. Only Congress can create provinces and
Kabunsuan cities because the creation of provinces and
cities necessarily includes the creation of
54
Sema v. Comelec, (2008): legislative districts, a power only Congress
CONSTITUTIONAL LAW I
can exercise under Section 5, Article VI of the
Facts:
Constitution and Section 3 of the Ordinance
o The ARMM's legislature, the ARMM Regional
Assembly, exercising its power to create appended to the Constitution. The ARMM
Regional Assembly cannot create a province
provinces under Section 19, Article VI of RA
without a legislative district because the
9054, enacted Muslim Mindanao Autonomy Act
No. 201 (MMA Act 201) creating the Province of Constitution mandates that every province shall
Shariff Kabunsuan. have a legislative district. Thus, MMA Act 201,
enacted by the ARMM Regional Assembly and
o The province was composed of the eight
creating the Province of Shariff Kabunsuan, is
municipalities in the first district of Maguindanao
and the City of the Cotabato. However, Cotabato void.
City, though part of the first legislative district of
Maguindanao, voted against its inclusion in the
ARMM in the plebiscite held in November 1989. VII. MOA on Ancestral Domain (MOA-AD)
Issue: WON the ARMM Regional Assembly can Province of North Cotabato v. GRP, Esperon
create the Province of Shariff Kabunsuan. (2008)
Held: Facts:
1. There is no provision in the Constitution that
conflicts with the delegation to regional legislative In lieu of the historical hostilities occurring in
bodies of the power to create municipalities Mindanao perpetrated by Muslim secessionist groups
and barangays, provided the provisions of and the failure of a number of peace talks entered into
Section 10, Article X of the Constitution is between the government and the MNLF (the MILF
followed. broke away from MNLF and continued armed
hostilities), President Arroyo issued Executive Order
However, the creation of provinces and cities No.3 defining the policy and administrative structure
is another matter. for the governments comprehensive peace effort.
Section 5 (3), Article VI of the Constitution Later on, she issued Memorandum of Instructions to
provides, Each city with a population of at least the GRP Peace Panel providing the General
two hundred fifty thousand, or each province, Guidelines on the Peace Talks with the MILF.
shall have at least one representative in the Pursuant to this, the MILF and the AFP suspended all
House of Representatives. military actions and began the peace talks. But
despite two rounds of formal peace talks, violence still
Similarly, Section 3 of the Ordinance appended to ensued.
the Constitution provides, Any province that may
hereafter be created, or any city whose Later on, the GRP and the MILF again agreed to a
population may hereafter increase to more than cessation of hostilities to give way to exploratory talks
two hundred fifty thousand shall be entitled in the to be conducted in Kuala Lumpur. The exploratory
immediately following election to at least one talks culminated in the drafting of the subject of MOA-
Member. AD intended to be signed on August 5, 2008 in Kuala
Lumpur.
Thus, the power to create a province or city
inherently involves the power to create a Petitioners wanted to secure copies of the MOA but
legislative district. they were denied. They filed petitions which resulted
to a cease and desist order from the Supreme Court
The creation of the ARMM, and the grant of restraining the government to sign the MOA-AD and
legislative powers to its Regional Assembly under prompted the SolGen to submit to the court the final
its organic act, did not divest Congress of its draft of the MOA-AD.
exclusive authority to create legislative
districts. To allow the ARMM Regional Assembly Later on, the Executive Department pronounced that it
to create a national office is to allow its legislative would not longer sign the MOA-AD and dissolved the
powers to operate outside the ARMMs territorial GRP Peace Panel.
jurisdiction.
Petitioners still filed 13 petitions assailing the
This violates Section 20, Article X of the constitutionality of the MOA-AD arguing that there
Constitution which expressly limits the coverage remains a justiciable controversy to resolve.
of the Regional Assemblys legislative powers
[w]ithin its territorial jurisdiction x x x. Held:
Concrete acts under the MOA-AD are not necessary
Thus, the creation of the Province of Shariff to render the present controversy ripe. In Pimentel, Jr.
Kabunsuan without a legislative district is v. Aguirre (2000), this Court held that the mere
unconstitutional. enactment of the questioned law or the approval of
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS
CONSTITUTIONAL LAW I
seriously alleged to have infringed the Constitution pertinent consultation process as required by EO
and the laws, settling the dispute becomes the duty 3, RA 7160 (LGC) and RA 8371 (IPRA).
and the responsibility of the courts.
Contrary to the contention of the respondents, the 2. The MOA-AD cannot be reconciled with the
non-signing of the MOA-AD and the eventual Constitution and laws, particularly the associative
dissolution of the GRP Peace Panel did not moot the relationship envisioned between GRP and BJE.
present petitions. It bears emphasis that the signing of Therefore, it is unconstitutional.
the MOA-AD did not push through due to the Court's
issuance of a Temporary Restraining Order. 3. The clause on the MOA-AD that inconsistent
Likewise, the MOA-AD cannot be considered a mere provisions will not take effect until the framework
"list of consensus points," especially given its is amended does not cure the MOA-ADs
nomenclature, the need to have it signed or initialed unconstitutionality.
by all the parties concerned on August 5, 2008, and
the far-reaching Constitutional implications of 4. Respondents act of guaranteeing the
these "consensus points," foremost of which is the amendments is, by itself, already a constitutional
creation of the BJE. In fact, there is a commitment on violation.
the part of respondents to amend and effect
necessary changes to the existing legal framework for Nachuras Dissent:
certain provisions of the MOA-AD to take effect.
Consequently, the present petitions are not confined In light of supervening events, there is no more actual
to the terms and provisions of the MOA-AD, but to case or controversy to be resolved. There can be no
other on-going and future negotiations and violation of the Constitution because the MOA-AD
agreements necessary for its realization. The was not consummated. On the substantive aspect,
petitions have not, therefore, been rendered moot and Nachura believed that the constitutionality of the
academic simply by the public disclosure of the MOA- MOA-AD should be viewed from the perspective of
AD, the manifestation that it will not be signed as well executive power. As Chief Executive and
as the disbanding of the GRP Panel not withstanding. Commander-in-Chief, there is an implied power given
Moreover, these petitions are imbued with paramount to the President as protector of peace. Implied from
public interest, involving a significant part of the the calling out power of the President which does not
country's territory and the wide-ranging political require existence of actual invasion or rebellion, the
modifications of affected LGUs. The assertion that the President may exercise not only emergency powers,
MOA-AD is subject to further legal enactments but day-to-day problems of maintaining peace and
including possible Constitutional amendments more order and ensuring domestic tranquility. The mandate
than ever provides impetus for the Court to formulate of the GRP Peace Panel emanated from Executive
controlling principles to guide the bench, the bar, Order No. 3 which was issued pursuant to the power
the public and, in this case, the government and of the President to maintain peace and order.
its negotiating entity.
CONSTITUTIONAL LAW II
Table of Contents
CONSTITUTIONAL LAW II
II. Bases and Purpose.............................59 A. Requisites for Issuance of a Valid
A. Bases: .............................................59 Arrest Warrant ......................................... 74
III. Accountability ......................................59 B. Requisites of a Valid Warrantless
Arrest (Rule 113, Sec. 5, Rules on Criminal
Chapter II. Fundamental Powers ..................60 Procedure)............................................... 75
of the State......................................................60 III. SEARCH AND SEIZURE.................... 77
I. Police Power .......................................60 IV. Detention/Custodial Investigation ....... 80
A. Definition .........................................60 A. Rights under Custodial Investigation
II. Eminent Domain..................................63 80
A. Definition .........................................63 B. Tests of Waiver of Miranda Rights . 83
B. Who May Exercise..........................63 V. Protocol After Conduct Of Investigation
C. Requisites .......................................64 84
III. Taxation ..............................................65 VI. Other Rights Guaranteed Under Art. III.
A. Definition and Scope.......................65 Sec. 12......................................................... 84
B. Who May Exercise.........................65 VII. Exclusionary Rules ......................... 84
C. Limitations.......................................65 VIII. Right to Bail .................................... 86
D. Double Taxation..............................66
Chapter VI. Rights of the Accused ............... 88
Chapter III. Due Process................................67 II. Rights Post Trial.................................. 91
I. In General ...........................................67 Chapter VII. Writs ........................................... 94
II. Substantive Due Process....................67 I. HABEAS CORPUS ............................. 94
A. Scope..............................................68 II. WRIT OF AMPARO ............................ 96
B. Requisites .......................................68 III. WRIT OF HABEAS DATA................... 96
C. Doctrines.........................................68
III. Procedural Due Process .....................69 Chapter VIII. Privacy of Communication and
A. Scope..............................................69 Correspondence ............................................ 99
B. Kinds ...............................................69 I. Intrusion, When Allowed ..................... 99
IV. Due Process As Limitation On II. Forms of Correspondence Covered ... 99
Fundamental State Powers .........................70 III. ENABLING LAW ................................. 99
A. Vis--vis Police Power ....................70
B. Vis--vis Eminent Domain ..............70 Chapter IX. Freedom of Expression ........... 101
C. Vis--vis Power to Tax....................71 I. Basis, Components, Scope and
Limitations.................................................. 101
Chapter IV. Equal Protection of the Laws....72 II. CONTENT-BASED RESTRICTIONS103
I. Definition and Scope of Protection......72 IV. CONTENT-NEUTRAL RESTRICTIONS
II. Requisites of Valid Classification ........72 106
III. Examples of Valid Classification .........72
Chapter X. Freedom of Religion ................. 109
A. Aliens ..............................................72
I. Non-establishment Clause................ 109
B. Filipino Female Domestics Working
II. Free Exercise Clause........................ 110
Abroad .....................................................73
III. Tests ................................................. 111
C. Land-based vs. Sea-based Filipino
Overseas Workers...................................73 Chapter XI. Liberty of Abode and Travel ... 112
D. Qualification for Elective Office.......73 I. Liberty of Abode................................ 112
E. Office of the Ombudsman...............73 II. Right to Travel................................... 112
F. Print vs. Broadcast Media...............73 III. Right to Return to Ones Country...... 112
IV. Standards of Judicial Review..............73
A. Rational Basis Test ......................73 Chapter XII. RA 9372: Human Security Act*
B. Strict Scrutiny Test .......................73 ....................................................................... 113
C. Intensified Means Test .................73
Chapter XIII. Latest Cases........................... 119
Chapter V. Requirements for Fair Procedure
.........................................................................74
POLITICAL LAW REVIEWER Chapter I. BILL of RIGHTS
CONSTITUTIONAL LAW II
Prof. Ibarra M. Gutierrez I. IN GENERAL
Faculty Editor
II. BASES AND PURPOSE
Paula Deveraturda A. BASES
Lead Writer
B. PURPOSE 58
Tina Amador III. ACCOUNTABILITY
CONSTITUTIONAL LAW II
Dan Avila
Richard Beltran
Daniel Convocar I. In General
Michael Manotoc
Sam Nuez
Che Santos It is a declaration and enumeration of a person's
Alyanna Orbeta fundamental civil and political rights. It also
Writers
imposes safeguards against violations by the
POLITICAL LAW government, by individuals, or by groups of
individuals.
Jennifer Go
Subject Editor
People vs. Marti, G.R. No. 81561 (January 18,
ACADEMICS COMMITTEE 1991):
Kristine Bongcaron
Michelle Dy The Bill of Rights governs the relationship
Patrich Leccio between the individual and the state. Its
Editors-in-Chief concern is not the relation between individuals,
PRINTING & DISTRIBUTION between a private individual and other
individuals. What the Bill of Rights does is to
Kae Guerrero declare some forbidden zones in the private
DESIGN & LAYOUT sphere inaccessible to any power holder.
(Sponsorship Speech of Commissioner Bernas ,
Pat Hernandez
Record of the Constitutional Commission, Vol. 1,
Viktor Fontanilla
Romualdo Menzon Jr. p. 674; July 17, 1986; Emphasis supplied)
Rania Joya
It is generally self-executing.
LECTURES COMMITTEE
Michelle Arias Article III contains the chief protection for
Camille Maranan human rights but the body of the Constitution
Angela Sandalo guarantees other rights as well.
Heads
Katz Manzano Mary Rose Beley 1. Civil rights rights that belong to an
Sam Nuez Krizel Malabanan
individual by virtue of his citizenship in a
Arianne Cerezo Marcrese Banaag
Volunteers state or community (e.g. rights to property,
marriage, freedom to contract, equal
MOCK BAR COMMITTEE protection, etc.)
Lilibeth Perez
2. Political rights rights that pertain to an
BAR CANDIDATES WELFARE individuals citizenship vis--vis the
management of the government (e.g. right of
Dahlia Salamat
suffrage, right to petition government for
LOGISTICS redress, right to hold public office, etc.)
Charisse Mendoza
3. Social and economic rights rights which
SECRETARIAT COMMITTEE are intended to insure the well-being and
economic security of the individual
Jill Hernandez
Head
4. Rights of the accused civil rights
Loraine Mendoza Faye Celso intended for the protection a person accused
Mary Mendoza Joie Bajo
of any crime
Members
POLITICAL LAW REVIEWER Chapter I. BILL of RIGHTS
CONSTITUTIONAL LAW II
against acts of private individuals
government and other members of
society
Serrano vs. NLRC (2000):
B. Purpose:
1. To preserve democratic ideals Section 3 of Article XIII of the Constitution
2. To safeguard fundamental rights requires the State to give full protection to labor.
3. To promote the happiness of an We cannot be faithful to this duty if we give no
individual protection to labor when the violator of its rights
happens to be private parties like private
employers. A private person does not have a
Philippine Blooming Mills Employees better right than the government to violate an
Organization vs. Philippine Blooming Mills Co., employee's right to due process. To be sure,
Inc. (1973): violation of the particular right of employees to
security of tenure comes almost always from
The Bill of Rights is designed to preserve the their private employers.
ideals of liberty, equality and security
"against the assaults of opportunism, the
expediency of the passing hour, the erosion of
small encroachments, and the scorn and
derision of those who have no patience with
general principles." (Justice Cardoso, Nature of
Judicial Process, 90-93; Tanada and Fernando,
Constitution of the Philippines, 1952 ed., 71.)
CONSTITUTIONAL LAW II
C. WHO MAY EXERCISE to secure the general comfort health and
D. TESTS FOR VALIDITY OF EXERCISE prosperity of the state and to this
E. ILLUSTRATION ON THE EXERCISE fundamental aim of our Government, the
II. EMINENT DOMAIN rights of the individual are subordinated.
A. DEFINITION (citations omitted)
B. WHO MAY EXERCISE
C. REQUISITES Ermita-Malate Hotel and Motel Operators
III. TAXATION Assoc. vs. Mayor of Manila (1967):
A. DEFINITION AND SCOPE
B. WHO MAY EXERCISE ...has been properly characterized as the
C. LIMITATIONS most essential, insistent and the least
D. DOUBLE TAXATION limitable of powers, (Cf. Ichong v.
Hernandez, (1957) 101 Phil. 1155, at p.
I. Police Power 1163) extending as it does "to all the great
public needs." (Noble state Bank vs.
A. Definition Haskell, 219 U.S. 412)
Ermita-Malate Hotel and Motel Operators
Association, Inc. vs. Mayor of Manila (1967): Specific Coverage
Churchill and Tait vs. Rafferty (1915): Scope of the police power: Since the Courts
cannot foresee the needs and demands of
...this power is limited only by the Acts of public interest and welfare, they cannot delimit
Congress and those fundamentals principles beforehand the extent or scope of the police
which lie at the foundation of all republican power by which and through which the state
forms of government. An Act of the Legislature seeks to attain or achieve public interest and 61
which is obviously and undoubtedly foreign to welfare.
CONSTITUTIONAL LAW II
any of the purposes of the police power and
interferes with the ordinary enjoyment of Police power and national security: The
property would, without doubt, be held to be disputed law was enacted to remedy a real
invalid. actual threat and danger to national
economy posed by alien dominance and control
Note: MMDA vs. Garin (2005): of the retail business; the enactment clearly falls
within the scope of the police power of the State,
Rep. Act No. 7924 does not grant the MMDA thru which and by which it protects its own
with police power, let alone legislative power, personality and insures its security and future.
and that all its functions are administrative in
nature. (MMDA v. Bel-Air Village Association,
G.R. No. 135962, March 27, 2000) BUT it is not 2. Public Safety
precludedand in fact is duty-boundto
confiscate and suspend or revoke drivers' Agustin vs. Edu, (1979):
licenses in the exercise of its mandate of
transport and Agustin questions President Marcos Letter of
traffic management, as well as the Instruction No. 229 compelling owners of
administration and implementation of all traffic motor vehicles to install specific early
enforcement operations, traffic engineering warning devices to reduce road accidents.
services and traffic education programs. Agustin already installed warning devices in his
(Section 3(b), Rep. Act No. 7924) car but they were not the same ones specified in
the LOI. He argued that the said LOI violated the
police power of the state for being oppressive,
D. Tests for Validity of Exercise of Police arbitrary and unconscionable.
Power
Police power, public safety: The Court
1. LAWFUL SUBJECT: Interest of the general
identified police power as a dynamic agency,
public (as distinguished from a particular
suitably vague and far from precisely
class required exercise).
defined, rooted in the conception that men in
organizing the state and imposing upon its
2. LAWFUL MEANS: Means employed is
government limitations to safeguard
reasonably necessary for the
constitutional rights did not intend to enable an
accomplishment of the purpose, and is not
individual citizen or a group of citizens to
unduly oppressive
obstruct unreasonably the enactment of
such salutary measures calculated to
E. Illustrations on the Exercise of Police communal peace, safety, good order, and
Power welfare. According to the Court, a heavy burden
lies in the hands of the petitioner who questions
1. National Security the states police power if was clearly intended
to promote public safety.
Ichong vs. Hernandez (1957):
The grounds adduced were: (1) unreasonable A reading of the ordinance at bar would yield
and violative of due process insofar as it that it prohibits two practices: the wash rate
would impose different fees for different classes admission and renting out a room more than
of hotels/motels and prohibit 18 year-olds from twice per day.
being accepted in such hotels, unless
accompanied by parents or a lawful guardian These prohibitions are anchored in the power of 62
and making it unlawful for the owner, manager, the LGU to implement ordinances hinged on the
CONSTITUTIONAL LAW II
keeper or duly authorized representative of such general welfare clausethe devolved aspect of
establishments to lease any room or portion police power.
more than twice every 24 hours, and (2)
invasion of the right to privacy and the This case churned out three standards for
guaranty against self-incrimination because it judicial review: the STRICT SCRUTINY TEST
requires clients to fill up the prescribed form in a for laws dealing with freedom of the mind and
lobby open to public view at all times and in his curtailment of political process and the
presence, wherein personal information are RATIONAL BASIS STANDARD OF REVIEW for
mandated to be divulged. economic legislation. A third standard was
created known as the IMMEDIATE SCRUTINY
Police power, public morals: The mantle of for evaluating standards based on gender and
protection associated with the due process legitimacy.
guaranty does not cover petitioners. This
particular manifestation of a police power The Supreme Court justified the application of
measure being specifically aimed to the strict scrutiny test to this particular
safeguard public morals is immune from ordinance despite its lack of political significance
such imputation of nullity resting purely on by saying that it is not gravitas alone which is
conjecture and unsupported by anything of sheltered by the Bill of Rights. It is precisely
substance. Police power is "that inherent and these reflexive exercises of fundamental acts
plenary power in the State which enables it which best reflect the degree of liberty
to prohibit all that is hurt full to the comfort, enjoyed.
safety, and welfare of society xxx There is no
question but that the challenged ordinance was Sexual behavior is one of these fundamental
precisely enacted to minimize certain practices acts covered by the penumbra of rights.
hurtful to public morals. While the reality of illicit activity is judicially
recognized, it cannot be denied that sexual
Cf. White Light Corporation, et al vs. City of behavior between consenting adults is
Manila (2009): constitutionally protected.
The case of White Light vs. City of Manila was Apart from the right to privacy, the ordinance
termed by Justice Tinga as a middle case. It also proscribes other legitimate activities most of
which are grounded on the convenience of
was meant to identify its case within a spectrum
having a place to stay during the short intervals
of cases decided by the Supreme Court which
dealt with ordinances which has for its view between travels.
the regulation of public morals.
The Ordinance was struck down as an arbitrary
intrusion to private rights. It made no
It is called a middle case because unlike its
distinction between lodgings and placed
predecessors where the issue is either a
every establishment as susceptible to illicit
wholesale ban against hotels and motels or a
patronage.
reasonable regulatory device as the one found
in Ermita-Malate vs. City of Manila, this is a
case where the ordinance in question 4. The National Economy
severely restricts the services of the
abovementioned establishments. U.S. vs. Toribio, G.R. No. L-5060 (January 26,
1910)
The ratio decidendi started with an outline of the
test of a valid ordinance i.e. it must be within the Police power, national economy The State
corporate powers of the local government to can restrict or limit private use, if such is
deemed by the legislature to be detrimental to
enact and pass and it must conform with
the public welfare.
substantive requirements.
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS
In this case, the general public interest and taking into account ecological, developmental,
the countrys material welfare is affected or equity considerations, and subject to the
because of the contagious disease that payment of just compensation.
threatened to kill all the carabaos in the
country, such carabaos being the work animal In determining retention limits, the State shall
almost exclusively in use in the fields as well as respect the right of small landowners. The State 63
for draft purposes. shall further provide incentives for voluntary
CONSTITUTIONAL LAW II
land-sharing.
The scarcity of these animals, the increase in
their sale value, and the prevalence of carabao Art. XIII, Sec. 9 The State shall, by law, and for
thefts, justified Legislature to adopt the common good, undertake, in cooperation
reasonable measures for the preservation of with the private sector, a continuing program
these work animals, even to the extent of of urban land reform and housing which will
prohibiting and penalizing what would, under make available at affordable cost, decent
ordinary conditions, be a perfectly legitimate and housing and basic services to under-
proper exercise of rights of ownership and privileged and homeless citizens in urban
control of the private property of the citizen. centers and resettlement areas.
The police power rests upon necessity and It shall also promote adequate employment
the right of self-protection and. it is clear opportunities to such citizens. In the
that the enactment of the provisions of the implementation of such program the State shall
statute under consideration was required by respect the rights of small property owners.
"the interests of the public generally, as
distinguished from those of a particular Art XIV, Sec. 13. The National assembly may
class;" and that the prohibition of the authorize, upon payment of just compensation,
slaughter of carabaos for human the expropriation of private lands to be
consumption, so long as these animals are subdivided into small lots and conveyed at cost
fit for agricultural work or draft purposes to deserving citizens.
was a "reasonably necessary" limitation on
private ownership, to protect the community
from the loss of the services of such animals by A. Definition
their slaughter by improvident owners. It is the right of the government to take private
property with just compensation.
II. Eminent Domain Visayan Refining Co. vs. Camus, G.R. No. L-
15870 (December 3, 1919):
Art. III, Sec. 9. Private property shall not be take
for public use without just compensation. The power of eminent domain does not depend
for its existence on a specific grant in the
Art. XII, Sec. 18. The State may, in the interest constitution. It is inherent in sovereignty and
of national welfare or defense, establish and exists in a sovereign state without any
operate vital industries and, upon payment of recognition of it in the constitution. The
just compensation, transfer to public ownership provisions found in most of the state
utilities and other private enterprises to be constitutions relating to the taking of property for
operated by the government. the public use do not by implication grant the
power to the government of the state, but limit a
Art. XIII, Sec. 4 The State shall, by law, power which would otherwise be without
undertake an agrarian reform program limit. (citations omitted)
founded on the right of farmers and regular
farmworkers who are landless, to own
directly or collectively the lands they till or, B. Who May Exercise
in the case of other farmworkers, to receive Inherently:
a just share of the fruits thereof.
Executive
To this end, the State shall encourage and Legislative
undertake the just distribution of all agricultural
lands, subject to such priorities and reasonable Visayan Refining Co. vs. Camus, G.R. No. L-
retention limits as the Congress may prescribe, 15870 (December 3, 1919):
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS
CONSTITUTIONAL LAW II
the authority to maintain expropriation the conferring
proceedings upon the Chief Executive, the right authorities want it
of the latter to proceed therein is clear. to be
Question Political Justiciable
"Once authority is given to exercise the power of question question. RTC
Necessity has to determine
of eminent domain, the matter ceases to be
wholly legislative. The executive authorities may whether there is
then decide whether the power will be invoked a genuine
and to what extent." (citations omitted) necessity for its
exercise, as well
as what the
By Delegation: propertys value
is
City of Manila vs. Chinese Community of Manila, Re: Delegate cannot
G.R. No. L-14355 (October 31, 1919) private expropriate
property private property
The general power to exercise the right of already devoted
eminent domain must not be confused with the to public use
right to exercise it in a particular case.
C. Requisites
The power of the legislature to confer, upon
municipal corporations and other entities Generally
within the State, general authority to exercise a. Taking of Private Property
the right of eminent domain cannot be b. for Public Use,
questioned by the courts, but that general c. with Just Compensation, and
authority of municipalities or entities must not be d. Due Process.
confused with the right to exercise it in particular
instances. Specifically
The moment the municipal corporation or entity (LGUs, Sec. 19, Local Government Code):
attempts to exercise the authority conferred, it a. Ordinance by a local legislature council
must comply with the conditions accompanying is enacted authorizing local chief
the authority. The necessity for conferring the executive to exercise eminent domain,
authority upon a municipal corporation to b. For public use, purpose or welfare or for
exercise the right of eminent domain is the benefit of the poor and of the
admittedly within the power of the landless,
legislature. c. Payment of just compensation,
d. Valid and definite offer has been
previously made to owner of the
But whether or not the municipal corporation or property sought to be expropriated but
entity is exercising the right in a particular case such offer was not accepted
under the conditions imposed by the general (Municipality of Paraaque vs. VM
authority, is a question which the courts have Realty, 1998)
the right to inquire into.
Heirs of Ardona vs. Reyes, G.R. Nos. L-60549,
When a stature or charter or by general law has 60553 to 60555 (October 26, 1983):
conferred the right of eminent domain upon a
private entity. (Tenorio vs. Manila Railroad Co.,
G.R. No. L-6690, March 29, 1912) The particular mention in the Constitution of
agrarian reform and the transfer of utilities and
other private enterprises to public ownership
merely underscores the magnitude of the
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS
CONSTITUTIONAL LAW II
such traditions' purposes as the construction of
roads, bridges, ports, waterworks, schools, Power to tax exists for the general welfare;
electric and telecommunications systems, should be exercised only for a public
hydroelectric power plants, markets and purpose
slaughterhouses, parks, hospitals, government might be justified as for public purpose even
office buildings, and flood control or irrigation if the immediate beneficiaries are private
systems is valid. However, the concept of individuals
public use is not limited to traditional Tax should not be confiscatory: If a tax
purposes. Here as elsewhere the Idea that measure is so unconscionable as to amount
"public use" is strictly limited to clear cases of to confiscation of property, the Court will
"use by the public" has been discarded. invalidate it. But invalidating a tax measure
must be exercised with utmost caution,
Private bus firms, taxicab fleets, roadside otherwise, the States power to legislate for
restaurants, and other private businesses using the public welfare might be seriously
public streets end highways do not diminish in curtailed
the least bit the public character of
expropriations for roads and streets. The Specific Limitations
lease of store spaces in underpasses of streets
built on expropriated land does not make the Uniformity of taxation:
taking for a private purpose. Airports and piers a. General Rule: simply geographical
catering exclusively to private airlines and uniformity, meaning it operates with the
shipping companies are still for public use. same force and effect in every place
The expropriation of private land for slum where the subject of it is found
clearance and urban development is for a b. Exception: rule does not prohibit
public purpose even if the developed area is classification for purposes of taxation,
later sold to private homeowners, provided the ff requisites are met:
commercial firms, entertainment and service i. standards used are substantial and
companies, and other private concerns. not arbitrary
ii. categorization is germane to
achieve the legislative purpose
III. Taxation
iii. the law applies, all things being
A. Definition and Scope equal to both present and future
conditions
It is the enforced proportional contributions from iv. applies equally to members of the
persons and property, levied by the State by same class
virtue of its sovereignty, for the support of the c. Rules:
government and for all public needs. i. Equal protection clause: taxes
should be uniform (persons or
It is as broad as the purpose for which it is things belonging to the same class
given. shall be taxed at the same rate) and
equitable (taxes should be
Purpose: apportioned among the people
To raise revenue according to their capacity to pay)
Tool for regulation ii. Progressive system of taxation:
Protection/power to keep alive The rate increases as the tax base
increases, with basis as social
B. Who May Exercise justice
Taxation as an instrument for a
legislature (primarily) more equitable distribution of
local legislative bodies (Sec. 5 Art. 10, wealth
1987 Consti) iii. Delegated tax legislation:
Congress may delegate law-making
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS
authority when the constitution itself members of Congress (Art. VI, sec.
specifically authorizes it. 28 (4))
d. Constitutional exemptions (1987
Impairment of Obligations of Contracts CONST., art. VI, sec. 28(3))
a. General Rule: Power of taxation may i. Educational institutions (both
not be used to violate the constitutional profit and non-profit): Benefits 66
right of every person to be secured redound to students, but only
CONSTITUTIONAL LAW II
against any statute that impairs the applied to property taxes not excise
obligation of contracts; taxes
b. Exception: But if the statute exempts a ii. Charitable institutions: Religious
party from any one class of taxes, the and charitable institutions give
imposition of a different tax is not an considerable assistance to the State
impairment of the obligation of in the improvement of the morality of
contracts. the people and the care of the
indigent and the handicapped
Tax Exemptions iii. Religious property
a. A corollary power but must be for a
public purpose, uniform and equitable
and in conformity with the equal
D. Double Taxation
protection clause Occurs when additional taxes are laid on the
b. Tax exemptions are granted gratuitously same subject by the same taxing jurisdiction
and may be revoked at will, except during the same taxing period for the same
when it was granted for valuable purpose
consideration
c. May either be constitutional or statutory No provision in the Constitution specifically
i. If statutory, it has to have been prohibiting double taxation, but will not be
passed by majority of all the allowed if it violates equal protection
clause.
COMPARATIVE TABLE
POLICE POWER EMINENT DOMAIN TAXATION
None Just compensation None
(The altruistic feeling (Full and fair equivalent of (The protection given
that one has contributed the property taken) and public improvements
Compensation
to the public good required. instituted by the State
[NACHURA]) because of these taxes
[NACHURA])
Not appropriated for Appropriated for public Use taxing power as an
public use use implement for the
attainment of a
Use of Property
legitimate police
objectiveto regulate a
business or trade
To destroy noxious Property taken for public Earn revenue for the
property or to restrain use; it is not necessarily government
Objective
the noxious use of noxious
property
Liberty and Property Property rights only Property rights only
What it Regulates
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS
CONSTITUTIONAL LAW II
II. SUBSTANTIVE DUE PROCESS such presumption is based on human
A. SCOPE experience or there is a rational connection
B. REQUISITES between the fact proved and the fact
C. DOCTRINES ultimately presumed therefrom.
III. PROCEDURAL DUE PROCESS
A. SCOPE There are instances when the need for
B. KINDS expeditious action will justify omission of
IV. DUE PROCESS AS LIMITATION ON these requisites, as in the summary
FUNDAMENTAL STATE POWERS abatement of a nuisance per se, like a mad
A. VIS-A-VIS POLICE POWER dog on the loose, which may be killed on
B. VIS-A-VIS EMINENT DOMAIN sight because of the immediate danger it
C. VIS-A-VIS POWER TO TAX poses to the safety and lives of the people.
Art. III, Sec. 1. No person shall be deprived of Pornographic materials, contaminated meat
life, liberty or property without due process of and narcotic drugs are inherently
law, nor shall any person be denied the equal pernicious and may be summarily
protection of the laws. destroyed.
Art. XIII, Sec. 1. The Congress shall give The passport of a person sought for a
highest priority to the enactment of measures criminal offense may be cancelled without
that protect and enhance the right of all the hearing, to compel his return to the country
people to human dignity, reduce social, he has fled.
economic, and political inequalities and remove
cultural inequities by equitably diffusing wealth Filthy restaurants may be summarily
and political power for the common good. padlocked in the interest of the public
health and bawdy houses to protect the
To this end, the State shall regulate the public morals.
acquisition, ownership, use, and disposition of
property and its increments. In such instances, previous judicial hearing
may be omitted without violation of due
process in view of: 1) the nature of the property
I. In General involved; or 2) the urgency of the need to protect
the general welfare from a clear and present
danger.
Due process of law simply states that [i]t is
part of the sporting idea of fair play to hear "the
other side" before an opinion is formed or a
decision is made by those who sit in judgment. II. Substantive Due Process
(Ynot vs. IAC, 1987)
City of Manila vs. Laguio, (2005)
It covers any governmental action which Substantive due process, asks whether the
constitutes a deprivation of some person's government has an adequate reason for
life, liberty, or property. taking away a persons life, liberty, or
property.
A. Minimum Requirements In other words, substantive due process looks to
Due process of law guarantees: whether there is a sufficient justification for the
notice and governments action.
opportunity to be heard
to persons who would be affected by the
order or act contemplated.
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS
CONSTITUTIONAL LAW II
The law itself, not merely the procedures by there can be no instance when the
which the law would be enforced, should be fair, assailed law may be valid.
reasonable, and just.
A plain reading of PP 1017 shows that it is not
B. Requisites primarily directed to speech / speech-related
conduct. It is actually a call upon the AFP to
(US vs. Toribio, 1910)
prevent or suppress all forms of lawless
violence. Petitioners did not show WON theres
Laws which interfere with life, liberty or an instance when PP1017 may be valid.
property satisfy substantive due process
when there is:
2. Void for Vagueness: An act is vague when
1. Lawful object i.e. the interests of the public it lacks comprehensible standards that
in general (as distinguished from those of a men of common intelligence must
particular class) require the intervention of necessarily guess at its common
the State, and meaning and differ as to its application.
2. Lawful means i.e. means employed are
reasonably necessary for the The statute is repugnant to the constitution
accomplishment of the purpose and not in 2 respects:
unduly oppressive on individuals. a. It violates due process for failure to
accord persons, especially the parties
targeted by it, fair notice of what conduct
Taada vs. Tuvera (1986):
to avoid,
Publication of laws is part of substantive due
b. It leaves law enforcers an unbridled
process.
discretion in carrying out its provisions.
People vs. Nazario (1988):
Still on David vs. Arroyo:
VOID FOR VAGUENESS DOCTRINE: An
Related to the "overbreadth" doctrine is the
accused is denied the right to be informed of the
"void for vagueness doctrine" which holds that
charge against him and to DUE PROCESS
"a law is facially invalid if men of common
where the statute itself is couched in such
intelligence must necessarily guess at its
INDEFINITE LANGUAGE that its not possible
meaning and differ as to its application." It is
for men of ordinary intelligence to determine
subject to the same principles governing
therefrom what acts/omissions are punished.
overbreadth doctrine. For one, it is also an
analytical tool for testing "on their faces" statutes
C. Doctrines in free speech cases. Like overbreadth, it is said
that a litigant may challenge a statute on its
1. Overbreadth Doctrine: A governmental face only if it is vague in all its possible
purpose may not be achieved by means applications.
which sweep unnecessarily broadly and
thereby invade the area of protected A facial review of PP 1017 on the ground of
freedoms. David vs. Arroyo (2006) vagueness is unwarranted. Petitioners did not
a. Claims of facial overbreadth are even attempt to show that PP 1017 is vague in
entertained in cases involving statutes all its application. They also failed to establish
which by their terms seek to regulate that men of common intelligence cannot
only spoken words. Such claims have understand the meaning and application of PP
been curtailed when invoked against 1017.
ordinary criminal laws that are sought to
be applied to protected conduct.
b. A facial challenge using the overbreadth
doctrine will require the Court to
examine PP 1017 and pinpoint its
flaws and defects, not on the basis of
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS
CONSTITUTIONAL LAW II
by which a law is enforced. b) Accused is proceeded against under the
orderly process of law;
CONSTITUTIONAL LAW II
Petitioners are operators of nightclubs in along Cuneta Avenue are mostly motels.
Bulacan. They filed a prohibition suit to stop the
Municipality of Bacaue from enforcing an EPZA vs. Dulay (1987):
ordinance prohibiting the operation of said
nightclubs. The Court held that a municipal DETERMINATION OF JUST COMPENSATION
corp cannot prohibit the operation of IS JUDICIAL FUNCTION:
nightclubs. They may only regulate such. RA The Presidential Decrees merely serve as a
938 granted municipalities the power to regulate guide or a factor for the courts in determining
establishments. While another act amended it to amount of just compensation (which should be
include the power to prohibit its operation, such the fair and full value of the property at time of
a construction of the amendatory act would be to taking). The courts have the power and authority
construe it in a way that it violates the to determine just compensation, independent of
constitutional provision that every bill shall what the decrees state, and thus may appoint
embrace only 1 subject which shall be commissioners to help in determining just
expressed in the title thereof. Here, the title of compensation.
the amended RA remained the same so that the
power granted is still regulation not prohibition. Sumulong vs. Guerrero (1987):
CONSTITUTIONAL LAW II
preventions of ordinary uses for which the to the expropriation) and deduct consequential
property was intended. benefits (increase of value of other interests
attribute to new use of the former property)
Requisites for a valid taking:
a. The expropriator must enter a private Taking via eminent domain vs. taking
property under social justice clause
b. Entry must be for more than a momentary
period Agrarian Reform (Art. XIII, Sec. 4)
c. Entry must be under warrant or color of legal This provision is an exercise of the police
authority power of the State through eminent domain
d. Proerty must be devoted to public use or (Association of Small Landowners vs. Secretary
otherwise informally appropriated or of Agrarian Reform) as it is a means to regulate
injuriously affected private property.
e. Utilization of the property must be in such a
way as to oust the owner and deprive him of
beneficial enjoyment of the property
(Republic vs. Castelvi, 1974) C. Vis--vis Power to Tax
The inherent limitation on the power of
Q: What happens if the expropriator does not taxation is public purpose. Taxes are
use the property for a public purpose but sells it exacted only for a public purpose. They
to a private user? cannot be used for purely private purposes
or for the exclusive benefit of private
A: Property reverts back to the owner in fee persons
simple. (Heirs of Moreno vs. Mactan-Cebu
International Airport, 2005) The reason for this is simple. The power to
tax exists for the general welfare; hence,
2. Public Use implicit in its power is the limitation that it
should be used only for a public purpose.
Definition
The idea that "public use" means "use by the Taxation should be exercised with caution to
public" has been discarded. At present, minimize the injury to the proprietary rights
whatever may be beneficially employed for of a taxpayer.
the general welfare satisfies the requirement of
public use. (Heirs of Juancho Ardona vs. Reyes, It must be exercised fairly, equally, and
123 SCRA 220) uniformly, lest the tax collector kill the hen
that lays the golden eggs. in order to
That only a few benefit from the expropriation maintain the general publics trust and
does not diminish its public-use character, confidence in the Government, this power
inasmuch as pubic use now includes the broader must be used justly and not treacherously.
notion of indirect public benefit or advantage (Roxas y Cia vs. CTA, 23 SCRA 276)
(Filstream International vs. CA, 284 SCRA 716)
Premature issuance of final assessment notice
3. Just Compensation and demand letter is tantamount to denial of
reply to the preliminary assessment notice.
Definition [THESE ARE] essential elements of due process
Province of Tayabas vs. Perez (1938): It is the because they constitute the notice and
just and complete equivalent of the loss which opportunity to present ones side. (Phil. Health
the owner of the thing expropriated has to suffer Care Providers vs. CIR, 2008)
by reason of the expropriation.
CONSTITUTIONAL LAW II
A. ALIEN a. It must rest on substantial distinctions;
B. FILIPINO FEMALE DOMESTICS b. It must be germane to the purpose of the
WORKING ABROAD law;
C. LAND-BASED VS. SEA-BASED c. It must not be limited to existing conditions
FILIPINO OVERSEAS WORKERS only.
D. QUALIFICATION FOR ELECTIVE
OFFICE Ormoc Sugar Co. vs Treasurer of Ormoc
E. OFFICE OF THE OMBUDSMAN City:
F. PRINT VS. BROADCAST MEDIA
IV. THREE STANDARDS OF JUDICIAL An ordinance was declared void because it
REVIEW taxes only centrifugal sugar produced and
A. RATIONAL BASIS TEST exported by the Ormoc Sugar Company and
B. STRICT SCRUTINY TEST none other, such that if a new sugar
C. INTENSIFIED MEANS TEST central is established in Ormoc, it would
not be subject to the ordinance.
I. Definition and Scope of Protection
d. It must apply equally to all members of the
same class.
Definition
III. Examples of Valid Classification
City of Manila vs. Laguio (2005) citing Ichong vs.
Hernandez (1957):
Lacson vs. Executive Secretary (1999):
Equal protection requires that all persons or All classifications made by law are generally
things similarly situated should be treated presumed to be valid unless shown otherwise
alike, both as to rights conferred and by petitioner.
responsibilities imposed.
Similar subjects, in other words, should not A. Aliens
be treated differently, so as to give undue
favor to some and unjustly discriminate General rule:
against others. The general rule is that a legislative act may
The guarantee means that no person or not validly classify the citizens of the State on
class of persons shall be denied the same the basis of their origin, race or parentage.
protection of laws which is enjoyed by other
persons or other classes in like Exceptions:
circumstances. 1. In times of great and imminent danger, such
as a threatened invasion or war, such a
Scope classification is permitted by the Constitution
Natural and juridical Persons (the equal when the facts so warrant (e.g.
protection clause extends to artificial discriminatory legislation against Japanese
persons but only insofar as their property is citizens during WWII).
concerned.) 2. The political rights of aliens do not enjoy the
A corporation as an artificial person is same protection as that of citizens.
protected under the Bill of Rights against 3. Statutes may validly limit to citizens
denial of due process, and it enjoys the exclusively the enjoyment of rights or
equal protection of the law. (Smith, Bell & privileges connected with the public
Co., vs. Natividad, 1919) domain, the public works, or the natural
A corporation is also protected against resources of the State.
unreasonable searches and seizures. (See 4. The rights and interests of the state in these
Stonehill vs. Diokno, 1967) things are not simply political but also
It can only be proceeded against by due proprietary in nature; and so the citizens
process of law, and is protected against may lawfully be given preference over
'aliens in their use or enjoyment.
POLITICAL LAW REVIEWER Chapter IV. EQUAL PROTECTION of the LAWS
CONSTITUTIONAL LAW II
This test is triggered when a fundamental
B. Filipino Female Domestics Working constitutional right is limited by a law. This
Abroad requires the government to show an overriding
or compelling government interest so great
They are a class by themselves because of the that it justifies the limitation of fundamental
special risks to which their class was exposed. (Phil
Association of Service Exporters vs. Drilon)
constitutional rights (the courts make the
decision of WON the purpose of the law makes
the classification necessary).
C. Land-based vs. Sea-based Filipino
Overseas Workers Applied also when the classification has a
"suspect" basis (Suspect Classes classes
There is dissimilarity as to work environment, safety, subject to such a history of purposeful unequal
danger to life and limb, and accessibility to social, civil treatment or relegated to such a position of
and spiritual activities. (Conference of Maritime
Manning Agencies vs. POEA)
political powerlessness as to command
extraordinary protection from the majoritarian
political process.)
D. Qualification for Elective Office
Disqualification from running in the same elective C. Intensified Means Test
office from which he retired of a retired elective
provincial/municipal official who has received payment In this situation the Court accepts the articulated
of retirement benefits and who shall have been 65 y.o. purpose of the legislation but it should closely
at the commencement of the term of office to which scrutinize the relationship between the
he seeks to be elected is valid. (Dumlao vs. Comelec) classification and the purpose based on a
spectrum of standards, by gauging the extent
to which constitutionally guaranteed rights
E. Office of the Ombudsman depend upon the affected individual interest.
Allowing it to start an investigation based on an
anonymous letter does not violate EP clause. The The balancing test or the equality test is used.
Office of the Ombudsman is different from other
investigatory and prosecutory agencies of government Applicable to certain sensitive but not suspect
because those subject to its jurisdiction are public classes; certain important but not
officials who, through official pressure and influence, fundamental interest.
can quash, delay or dismiss investigations against
them (Almonte vs. Vasquez). Immediate Scrutiny Test
F. Print vs. Broadcast Media White Light Corporation vs. City of Manila
(2009):
There are substantial distinctions between the two to
warrant their different treatment under BP 881 A third standard, denominated as heightened or
(Telecommunications and Broadcast Attorneys of the immediate scrutiny, was later adopted by the
Phil vs. COMELEC)
U.S. Supreme Court for evaluating
classifications based on gender and legitimacy.
IV. Standards of Judicial Review Immediate scrutiny was adopted by the U.S.
Supreme Court in Craig. While the test may
A. Rational Basis Test
have first been articulated in equal protection
The classification should bear a reasonable analysis, it has in the United States since been
relation to government's purpose. applied in all substantive due process cases as
well.
Notes:
Important when there is no plausible
difference between the disadvantaged class
and those not disadvantaged.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
seized.
Chapter V. Requirements for Fair
Procedure Nature
CONSTITUTIONAL LAW II
HE HAS BEEN ACCUSED OF A CRIME it. (Stonehill vs. Diokno)
I. NATURE AND SCOPE OF THE RIGHT IN It may be waived expressly or impliedly only by
ART. III, SEC. 2 the person whose right is invaded, not by one
II. ARREST who is not duly authorized to effect such
A. REQUISITES FOR ISSUANCE OF waiver. (People vs. Damaso, 1992)
VALID ARREST WARRANT
B. WHEN ARREST MAY BE MADE Directed Against the Government and Its
WITHOUT A WARRANT Agencies (State Action Requirement)
III. SEARCH AND SEIZURE
A. REQUISITES OF A VALID SEARCH The right cannot be set up against acts
WARRANT committed by private individuals (People vs.
B. WHEN SEARCH MAY BE MADE Marti)
WITHOUT WARRANT
C. PROPERTIES SUBJECT OF Scope
SEIZURE
IV. DETENTION/CUSTODIAL Natural Persons
INVESTIGATION
A. RIGHTS UNDER CUSTODIAL It protects all persons including aliens (Qua
INVESTIGATION Chee Gan vs. Deportation Board, 1963).
B. TESTS OF WAIVER OF MIRANDA
RIGHTS Artificial Persons
V. PROTOCOL AFTER CONDUCT OF
INVESTIGATION Artificial persons are protected to a limited
VI. OTHER RIGHTS GUARANTEED UNDER extent. (Bache & Co. Inc vs. Ruiz, 1971) The
ART. III. SEC. 12 opening of their account books is not protected,
VII. EXCLUSIONARY RULES by virtue of police and taxing powers of the
A. VIS--VIS VIOLATION OF THE RIGHT State.
AGAINST UNREASONABLE
SEARCHES AND SEIZURES
B. VIS--VIS VIOLATION OF THE
II. ARREST
RIGHTS OF PERSONS UNDER
CUSTODIAL INVESTIGATION A. Requisites for Issuance of a Valid
C. VIS--VIS VIOLATION OF THE RIGHT Arrest Warrant
AGAINST SELF-INCRIMINATION
VIII.RIGHT TO BAIL
Beltran vs. Makasiar (1988):
I. Nature and Scope What the Constitution underscores is the
exclusive and personal responsibility of the
ART. III, SEC. 2. The right of the people to be issuing judge to satisfy himself of the
secure in their persons, houses, papers, and existence of probable cause.
effects against unreasonable searches and
seizures of whatever nature and for any In satisfying himself of the existence of
purpose shall be inviolable, and no search probable cause for the issuance of a warrant
warrant or warrant of arrest shall issue except of arrest, the judge is not required to
upon probable cause to be determined personally examine the complainant and his
personally by the judge after examination witnesses.
under oath or affirmation of the complainant
and the witnesses he may produce, and Following established doctrine and procedure,
particularly describing the place to be he shall:
searched and the persons or things to be 1) Personally evaluate the report and the
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
CONSTITUTIONAL LAW II
Require the submission of supporting committing, or is attempting to commit an
affidavits of witnesses to aid him in offense;
arriving at a conclusion as to the
existence of probable cause. Umil vs. Ramos:
CONSTITUTIONAL LAW II
Note: There must be a large measure of First, it requires that the officer arresting a
immediacy between the time the offense is person who has committed, is committing,
committed and the time of the arrest. If or is about to commit an offense must have
there was an appreciable lapse of time personal knowledge of that fact. The offense
bet. arrest and commission of crime, must be committed in his presence or within his
warrant of arrest must be secured. view. In the instant case:
(NACHURA) The knowledge as to the offense was
furnished by Masamlok.
People vs Kimura: The location of the firearm was given by the
Burgos wife.
Warrantless arrest of accused for selling MJ 2 At the time of the arrest, Burgos was not in
days after he escaped is invalid. actual possession of any firearm or
subversive document.
People vs Gerente: Neither was he committing any act which
could be described as subversive. He was
PERSONAL KNOWLEDGE: in fact plowing his field at the time of his
The police saw the victim dead at the arrest.
hospital and when they inspected the crime
scene, they found the instruments of death. It is clear that the arresting officers had no
The eyewitnesses reported the happening and personal knowledge of the commission of
pointed to Gerente as one of the killers. Here the offense because such information was
the warrantless arrest only 3 hrs after the killing only supplied to them by an informant.
was held valid since personal knowledge was
established as to the fact of death and facts Neither has Burgos committed any offense in
indicating that Gerente killed the victim. their presence as he was merely plowing his
field at the time of arrest. On the other hand,
People vs. Burgos (1986) Sec. 6 (b) of Rule 113 requires that a crime
must in fact or actually have been
Burgos was convicted for the crime of Illegal committed first. It is not enough that there
Possession of Firearms in Furtherance of is reasonable ground to believe that the
Subversion. One Masamlok claimed that he person to be arrested has committed a
had been forcibly recruited by Burgos to the crime. That a crime has actually been
NPA, threatening him with the use of firearm committed is an essential precondition. In
against his life and family. Masamlok was also the instant case, it was not even established
allegedly threatened to attend an NPA seminar. that indeed a crime has been committed. The
The next day the authorities went to arrest information that a crime was probably
Burgos without a warrant. They found him in his committed was supplied by Masamlok who
residence plowing his field. Burgos denied the did not even give his testimony under oath.
accusation, but his wife pointed to a place
below their house where a gun was buried in Finally, the Court finds no compelling reason
the ground. After the firearm was recovered, for the haste of the arresting officers to
Burgos allegedly pointed to a stock pile of arrest Burgos if indeed he committed a
cogon where he had hidden subversive crime. There is no showing that there was real
documents. The prosecution presented an apprehension that Burgos was on the verge of
extrajudicial confession made by Burgos. flight or escape and that his whereabouts are
However, Burgos claimed that he had been unknown.
mauled and hit repeatedly until he would admit
and sign an extrajudicial confession.
CONSTITUTIONAL LAW II
in order that the Judge may be able
ADDITIONAL EXCEPTION (NOT IN THE to properly determine the existence
RULES): When the right is voluntarily or non-existence of the probable
waived (estoppel). cause, to hold liable for perjury the
person giving it if it will be found later
People vs. Salvatierra: that his declarations are false
SCOPE OF WAIVER: Waiver is limited to the The examining magistrate must not
illegal arrest. It does not extend to the search simply rehash the contents of the
made as an incident thereto, or the subsequent affidavit but must make his own
seizure of evidence allegedly found during the inquiry on the intent and justification of
search (People vs. Peralta, 2004). the application. (Roan vs. Gonzales,
1984)
implementing it. They had personal B. Searches without Warrant, when Valid
knowledge of the identity of the persons
and the place to be searched, although they General rule: Areas within the reach and
did not specifically know the names of the control of the accused are the permissible
accused. (People vs. Tiu Won Chua, 2003) areas of search for both stop-and-frisk and
search-incident-to-a-valid-arrest (Espano vs.
78
GENERAL WARRANT: One that (1) does not CA; People vs. Cubcubin, 2001).
CONSTITUTIONAL LAW II
describe with particularity the things subject of
the search and seizure; and (2) where probable People vs. Veloso (1925):
cause has not been properly established. It is a
void warrant. (Nolasco vs. Pao, 1985) It was alleged that Parliamentary Club was a
gambling house; search warrant was obtained.
EXCEPTION TO GENERAL WARRANTS: Veloso read the warrant and said that he was
General descriptions will not invalidate the not John Doe. The Court ruled that the John
entire warrant if other items have been Doe search warrant was valid and held that
particularly described. (Uy vs. BIR, 2000) there is nothing to prevent issue and service of
warrant against a party whose name is
Conduct of the Search (Sec. 7, Rule 126, ROC) unknown. Besides, the officers had the right to
arrest the persons engaged in prohibited game.
In the presence of a lawful occupant
An officer making an arrest may take from
thereof or any member of his family, OR
the person arrested any money / property
If occupant or members of the family are
found upon his person, w/c was used in
absent: In the presence of 2 witnesses of
commission of crime, or was the fruit of the
o sufficient age
crime, or w/c may furnish the person w/
o discretion
means of committing violence or escaping,
o residing in the same locality
or w/c may be used as evidence on trial, but
Force may be used in entering a dwelling not otherwise.
if justified by Rule 126 ROC.
Other specific situations:
People vs. Gesmundo:
Quick Look:
1. Search is an Incident to a Lawful Arrest.
Failure to comply with Sec. 7 Rule 126
2. Search of Moving Vehicles
invalidates the search.
3. Plain View Doctrine
4. Stop and Frisk Searches
5. Valid Express Waiver
People vs. Salanguit:
6. Customs search
7. Visual Search at Checkpoints
FORCIBLE ENTRY JUSTIFIED:
8. Conduct of Areal Target Zoning and
Occupants of the house refused to
saturation drive
open the door despite the fact that the
9. Exigent and Emergency Circumstances
searching party knocked several times, and
the agents saw suspicious movements of
the people inside the house.
1. Search is an incident to a lawful arrest.
People vs. Benny Go (2003):
Sec. 12, Rule 126, Rules of Court. Search
UNLAWFUL SEARCH: incident to lawful arrest. - A person lawfully
Police officers arrived at appellants arrested may be searched for dangerous
residence and side-swiped (sinagi) weapons or anything which may be used as
appellants car (which was parked outside) proof of the commission of an offense, without
to gain entry into the house. Appellants a search warrant.
son, who is the only one present in the The provision (R126, S12) is declaratory in
house, opened the door and was the sense that it is confined to the search,
immediately handcuffed to a chair after without a search warrant, of a person who
being informed that they are policemen with had been arrested.
a warrant to search the premises. It is also a general rule that, as an incident
of an arrest, the place or premises where
the arrest was made can also be search
without a search warrant. In this latter case,
"the extent and reasonableness of the
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
search must be decided on its own facts 3. Plain View Doctrine: Things seized are
and circumstances. within plain view of a searching party
What must be considered is the balancing
of the individual's right to privacy and the Requisites (People vs. Musa; People vs.
public's interest in the prevention of crime Sarap, 2003):
and the apprehension of criminals. a. Prior valid intrusion into a place; 79
(Nolasco vs. Pano, 1985) b. Evidence:
CONSTITUTIONAL LAW II
inadvertently discovered
Test for validity: by police who had the right to be where
Item to be searched was within the they were;
arresters custody; c. Evidence must be immediately apparent
Search was contemporaneous with the and
arrest d. Noticed without further search
CONSTITUTIONAL LAW II
(Valmonte vs. de Villa) may order the prosecutor to present
additional evidence (THIS IS NOT FOUND IN
8. Conduct of areal target zoning and THE PROCEDURE FOR A SEARCH
saturation drive in the exercise of the WARRANT) within five (5) days from notice
military powers of the President (Guanzon and the issue must be resolved by the court
vs. de Villa, 1990) within thirty (30) days from the filing of the
complaint of information.
9. Exigent and Emergency Circumstances
(People vs. de Gracia 1994) R126, Sec. 4. Requisites for issuing search
warrant. A search warrant shall not issue
Example: 1989 Coup detat except upon probable cause in connection
with one specific offense to be determined
personally by the judge after examination
under oath or affirmation of the complainant
C. Properties Subject to Seizure and the witness he may produce, and
General rule: Only the articles particularly particularly describing the place to be searched
described in the warrant may be seized. and the things to be seized which may be
anywhere in the Philippines.
o Property subject of an offense
o Stolen or embezzled property and other
proceeds or fruits of an offense IV. Detention/Custodial Investigation
o Used or intended to be used as a means of
committing an offense (Sec. 2 Rule 126,
ROC) A. Rights under Custodial Investigation
CONSTITUTIONAL LAW II
warnings of constitutional rights. connection with an offense he is suspected to
have committed, without prejudice to the
MIRANDA RIGHTS liability of the "inviting" officer for any violation
of law.
The person under custodial investigation
must be warned that NOTE: These rights were further reiterated
1. He has a right to remain silent, under RA 7438, otherwise known as AN ACT
2. That any statement he does make may be DEFINING CERTAIN RIGHTS OF PERSON
used as evidence against him, and ARRESTED, DETAINED OR UNDER
3. That he has a right to the presence of an CUSTODIAL INVESTIGATION AS WELL AS
attorney, either retained or appointed. THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING
People vs. Galit (1985): OFFICERS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF
The long question during the appraisal of
Galits constitutional rights followed by a RA 7438, Rights of Persons under Custodial
monosyllabic answer does not satisfy the Investigation;
requirements of the law that the accused be
informed of his rights. Instead there should Section 1. Statement of Policy. - It is the policy
be several short and clear questions and of the Senate to value the dignity of every
every right explained in simple words in a human being and guarantee full respect for
dialect or language known to the person human rights
under investigation. In this case, the accused
is from Samar and there is no showing that he Section 2. Rights of Persons Arrested,
understands Tagalog. Furthermore, waiver of Detained or Under Custodial Investigation;
the right to counsel must be done in the Duties of Public Officers.
presence of counsel, otherwise, the procured
statements will be inadmissible. (b) Any public officer or employee, or anyone
acting under his order or his place, who arrests,
People vs. Duero (1985): detains or investigates any person for the
commission of an offense:
Inasmuch as the prosecution in this case failed shall inform the latter, in a language
to prove that before Duero made his alleged known to and understood by him,
oral confession he was informed of his of his rights to remain silent and
rights to remain silent and to have counsel to have competent and independent
and because there is no proof that he counsel, preferably of his own choice,
knowingly and intelligently waived those who shall at all times be allowed to
rights, his confession is inadmissible in confer privately with the person
evidence. Accused repudiated his alleged oral arrested, detained or under custodial
confession during trial. Since, the SC found investigation.
that the procedure set out in the Miranda If such person cannot afford the services of
case was not followed, oral confession of his own counsel, he must be provided
accused to police station commander is with a competent and independent
inadmisible in evidence. (enshrined in Art. III, counsel by the investigating officer.
Sec. 12 of the 1987 Constitution)
The SC reversed the lower courts imposition of When the person is already in
death penalty because the accused was not custody
even informed at the start of the investigation of
his right to counsel, much less afforded the
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
CONSTITUTIONAL LAW II
can easily assume a different appearance.
The rights under sec. 12, Art. 3 are available Here, where the invitation comes from a
when the investigation is no longer a general powerful group composed predominantly of
inquiry unto an unsolved crime but has begun ranking military officers issued at a time when
to focus on a particular suspect, as when the the country has just emerged from martial rule
suspect has been taken into police custody and and when the suspension of the privilege of the
the police carries out a process of interrogation writ of habeas corpus has not entirely been
that lends itself to eliciting incriminating lifted and the designated interrogation site is a
statements. military camp, the same can easily be taken not
as a strictly voluntary invitation but as an
People vs. Escordial: authoritative command which one can only
defy at his peril, especially where the
An out-of-court identification may be made in a invitation carries the ominous seaming that
show up (accused is brought face to face "failure to appear . . . shall be considered as a
with the witness for identification), or police waiverand this Committee will be constrained
line-up (suspect is identified by witness from a to proceed in accordance with law."
group of persons gathered for that purpose).
U.S. vs. Wade 388 U.S. 218 (1967): 2. Discussion of Rights Accorded
Neither the lineup itself nor anything required People vs. Agustin, (1995):
therein violated respondent's Fifth Amendment This carries the correlative obligation on the
privilege against self-incrimination, since part of the investigator to explain, and
merely exhibiting his person for observation by contemplates effective communication which
witnesses and using his voice as an identifying results in the subject/accused understanding
physical characteristic involved no compulsion what is conveyed.
of the accused to give evidence of a testimonial
nature against himself which is prohibited by
that Amendment. HOWEVER, the Sixth a. Right to Remain Silent
Amendment guarantees an accused the The warning is needed simply to make
right to counsel not only at his trial but at the person under custodial
any critical confrontation by the investigation aware of the existence of
prosecution at pretrial proceedings where the right;
the results might well determine his fate and This warning is the threshold
where the absence of counsel might requirement for an intelligent decision
derogate from his right to a fair trial. as to its exercise.
More importantly, such a warning is an
During custodial investigations, these types of absolute pre-requisite in overcoming
identification have been recognized as critical the inherent pressures of the
confrontations of the accused by the interrogation atmosphere.
prosecution, necessitating presence of Further, the warning will show the
counsel for the accused. Otherwise, the individual that his interrogators are
identification will be inadmissible in evidence. prepared to recognize his privilege
should he choose to exercise it.
Note: INVITATIONS - Sec. 2, RA 7438
b. Right against Self-Incrimination under
provides that custodial investigation shall
Art. III, Sec. 12
include the practice of issuing an invitation to a
The warning of the right to remain silent
person who is under investigation in connection
must be accompanied by the
with an offense he is suspected to have
explanation that anything said can and
committed.
will be used against the individual in
court.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
This warning is needed in order to Thus, it was held that when the process
make him aware not only of the had not yet shifted from the investigatory to
privilege to remain silent, but also of the accusatory as when police investigation
the consequences of forgoing it. does not elicit a confession the accused
may not yet avail of the services of his
c. Right to Counsel lawyer (Escobedo vs. Illinois of the United 83
States Federal Supreme Court, 1964).
CONSTITUTIONAL LAW II
RA 7438, Rights of Persons under Custodial However, given the clear constitutional
Investigation; Section 2. Rights of Persons intent in the 1987 Constitution, the
Arrested, Detained or Under Custodial moment there is a move or even an urge
Investigation; Duties of Public Officers. of said investigators to elicit admissions
or confessions or even plain information
(a) Any person arrested detained or under which may appear innocent or
custodial investigation shall at all times be innocuous at the time, from said suspect,
assisted by counsel; he should then and there be assisted by
counsel, unless he waives the right, but
The Miranda doctrine was modified to the waiver shall be made in writing and in
qualify the right to counsel to mean the presence of counsel.
competent and independent counsel
preferably of the suspect's own choice.
An individual need not make a pre- d. Rights to Visitation and Conference
interrogation request for a lawyer.
While such request affirmatively secures Sec. 2. Rights of Persons Arrested, Detained or
his right to have one, his failure to ask for Under Custodial Investigation; Duties of Public
a lawyer does not constitute a waiver. Officers.
No effective waiver of the right to
counsel during interrogation can be (f) Any person arrested or detained or under
recognized unless specifically made custodial investigation shall be allowed
AFTER the warnings have been given. visits by or conferences with
o The accused who does not know any member of his immediate family,
his rights and therefore does not or
make a request may be the person any medical doctor;
who most needs counsel. priest or religious minister chosen by
If an individual indicates that he wishes the him; or
assistance of counsel before any by his counsel; or
interrogation occurs, the authorities by any national non-governmental
cannot rationally ignore or deny his organization duly accredited by the
request on the basis that the individual Commission on Human Rights or
does not have or cannot afford a by any international non-
retained attorney. governmental organization duly
In order fully to apprise a person accredited by the Office of the
interrogated of the extent of his rights under President.
this system then, it is necessary to warn The person's "immediate family" shall
him not only that he has the right to consult include his or her spouse, fiance or
with an attorney, but also that if he is fiancee, parent or child, brother or
indigent a lawyer will be appointed to sister, grandparent or grandchild, uncle
represent him. or aunt, nephew or niece, and guardian
or ward.
POLICE LINE-UPS (Gamboa vs. Cruz, 1988): B. Tests of Waiver of Miranda Rights
When petitioner was identified by the
complainant at the police line-up, he had 1. What Cannot be Waived
not been held yet to answer for a
criminal offense. The right to remain silent and the right to
The police line-up is not a part of the counsel may be waived.
custodial inquest, hence, he was not yet What cannot be waived is THE RIGHT TO
entitled to counsel. BE GIVEN THE MIRANDA WARNINGS.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
CONSTITUTIONAL LAW II
Investigation; Section 2. Rights of Persons
Arrested, Detained or Under Custodial VI. Other Rights Guaranteed Under Art.
Investigation; Duties of Public Officers. III. Sec. 12
(e) Any waiver by a person arrested or
detained under the provisions of Article A. No torture, force, violence, threat
125 of the Revised Penal Code, or under intimidation or any other means which
custodial investigation, shall be in writing vitiate the free will shall be used against
and signed by such person in the presence him
of his counsel; otherwise the waiver shall
B. Secret detention places, solitary,
be null and void and of no effect.
incommunicado, or other similar forms of
detention are prohibited
3. Burden of Proving Voluntariness of
C. Confessions or admissions obtained in
Waiver (People vs. Jara, 1986)
violation of these rights are inadmissible
evidence.
Whenever a protection given by the
Constitution is waived by the person
entitled to that protection, the presumption
is always against the waiver. VII. Exclusionary Rules
Consequently, the prosecution must
prove with strongly convincing evidence RA 7438, Rights of Persons under Custodial
to the satisfaction of this Court that indeed Investigation; Section 2. Rights of Persons
the accused: Arrested, Detained or Under Custodial
Willingly and voluntarily submitted his Investigation; Duties of Public Officers.
confession and
Knowingly and deliberately manifested (d) Any extrajudicial confession made by a
that he was not interested in having a person arrested, detained or under custodial
lawyer assist him during the taking of investigation:
that confession. shall be in writing and signed by such
person in the presence of his counsel or in
the latter's absence,
V. Protocol After Conduct Of upon a valid waiver, and
Investigation in the presence of any of the parents, elder
brothers and sisters, his spouse, the
municipal mayor, the municipal judge,
Sec. 2. Rights of Persons Arrested, Detained or
district school supervisor, or priest or
Under Custodial Investigation; Duties of Public
minister of the gospel as chosen by him;
Officers.
otherwise, such extrajudicial confession
(c) The custodial investigation report shall be:
shall be inadmissible as evidence in any
Reduced to writing by the investigating
proceeding.
officer;
It shall be read and adequately explained
to him by his counsel or by the assisting A. Vis--vis Violation of the Right Against
counsel provided by the investigating Unreasonable Searches and Seizures
officer in the language or dialect known
to such arrested or detained person,
The reading and explanation SHOULD BE Sec. 3(2), Art. 3, 1987 CONSTI. Any evidence
DONE BEFORE such report is signed, or obtained in violation of this or the preceding
thumb-marked (if the person arrested or section shall be inadmissible for any purpose in
any proceeding.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
Evidence obtained in violation of Sec. 2 Art. 3 C. Vis--vis Violation of the Right Against
shall be inadmissible for any purpose and in Self-incrimination
any proceeding (Stonehill vs, Diokno, 1967)
CONSTITUTIONAL LAW II
been unlawfully obtained, any secondary or
derivative evidence is also inadmissible.
CONSTITUTIONAL LAW II
sureties, or be released on recognizance as may petition for habeas corpus filed by Senator
be provided by law. the right to bail shall not be Enrile, the Court noted that the sworn
impaired even when the privilege of the writ of statements of the policemen who
habeas corpus is suspended. Excessive bail purportedly arrested him were hearsay.
shall not be required. Senator Enrile was arrested two (2) days after
he delivered allegedly seditious speeches.
Definition Consequently, his arrest without warrant cannot
(Rule 114, Sec. 1, ROC) be justified under Section 5(b) which states that
an arrest without a warrant is lawful when made
Bail is the security given for the release of a after an offense has just been committed and
person in custody of the law, furnished by him or the arresting officer or private person has
a bondsman, conditioned upon his appearance probable cause to believe based on personal
before any court as may be required. knowledge of facts and circumstances that the
person arrested has committed the offense.
Dela Camara vs. Enage (1971)
Since the evidence in this case is hearsay, the
Before conviction, every person is bailable evidence of guilt is not strong, bail is allowed.
except if charged with capital offenses when the
evidence of guilt is strong. Such a right flows
from the presumption of innocence in favor of 1. Bail as a Matter of Right vs. Matter of
every accused who should not be subjected to Discretion
the loss of freedom as thereafter he would be
entitled to acquittal, unless his guilt be proved Matter of Matter of Discretion
beyond reasonable doubt. right
Bail is a In case the evidence of guilt is
Comendador vs. De Villa (1991) matter of right strong.
in all cases
The military men who participated in the failed not punishable In such a case, according to
coup d etat should be denied release on bail. by reclusion People vs. San Diego, (1966),
The argument that denial from the military of the perpetua. the court's discretion to grant
right to bail would violate the equal protection bail must be exercised in the
clause is not acceptable, given that the officers light of a summary of the
and members of the military are not similarly evidence presented by the
situated with others. They are allowed a prosecution.
fiduciary use of firearms and can easily continue
their insurgent activities against the government. Thus, the order granting or
National security considerations should impress refusing bail must contain a
upon the Court that release on bail of summary of the evidence for
respondents constitutes a damaging precedent. the prosecution followed by the
conclusion on whether or not
Enrile vs. Perez (En Banc Resolution, 2001) the evidence of guilt is strong
(Note: it is not the existence
It has not been alleged that the persons to be of guilt itself which is
arrested for their alleged participation in the concluded but the strength
"rebellion" on May 1, 2001 are members of an of the probability that guilt
outlawed organization intending to overthrow the exists).
government. Therefore, to justify a warrantless
arrest under Section 5(a), there must be a Also discretionary in
showing that the persons arrested or to be extradition proceedings,
arrested has committed, is actually because extradition courts do
committing or is attempting to commit the not render judgments of
offense of rebellion. In other words, there must conviction or acquittal so it
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE
CONSTITUTIONAL LAW II
however, that where conditions imposed
upon a defendant seeking bail would amount
2. When Available: to a refusal thereof and render nugatory the
constitutional right to bail, we will not
From the very moment of arrest (which may hesitate to exercise our supervisory powers
be before or after the filing of formal charges to provide the required remedy.
in court) up to the time of conviction by final
judgment (which means after appeal). STANDARDS FOR FIXING BAIL: Citing
Villaseor vs. Abano, guidelines in the fixing of
No charge need be filed formally before one bail are: (1) ability of the accused to give bail; (2)
can file for bail, so long as one is under nature of the offense; (3) penalty for the offense
arrest. (Heras Teehankee vs. Rovica, 1945) charged; (4) character and reputation of the
accused; (5) health of the accused; (6) character
Lavides vs CA, 2000: and strength of the evidence; (7) probability of
the accused appearing in trial; (8) forfeiture of
Arraigment of the accused is not essential to the other bonds; (9) whether the accused wasa
approval of the bail bond. When bail is fugitive from justice when arrested; and (10) if th
authorized, it should be granted before e accused is under bond for appearance at trial
arraignment. Otherwise the accused may be in other cases."
precluded from filing a motion to quash. Also,
the court will be assured of the presence of the
accused at the arraignment precisely by grating 4. Right to Bail and Right to Travel Abroad
bail and ordering his presence at any stage of
the proceeding. Manotok vs CA (1986):
CONSTITUTIONAL LAW II
C. RIGHT TO BE INFORMED OF is proved beyond reasonable doubt.
NATURE AND CAUSE OF (b) To be informed of the nature and cause
ACCUSATION of the accusation against him.
D. RIGHT TO SPEEDY, IMPARTIAL AND (c) To be present and defend in person and
PUBLIC TRIAL by counsel at every stage of the
E. RIGHT OF CONFRONTATION proceedings, from arraignment to
F. RIGHT TO COMPULSORY promulgation of the judgment. The accused
PROCESSES may, however, waive his presence at the
G. TRIAL IN ABSENTIA trial pursuant to the stipulations set forth in
H. RIGHT AGAINST SELF- his bail, unless his presence is specifically
INCRIMINATION ordered by the court for purposes of
identification.
II. RIGHTS POST TRIAL The absence of the accused without
A. RIGHT AGAINST DOUBLE JEOPARDY justifiable cause at the trial of which he had
B. EXCESSIVE FINES AND CRUEL, notice shall be considered a waiver of his
DEGRADING AND INHUMAN right to be present thereat.
PUNISHMENT When an accused under custody
C. INVOLUNTARY SERVITUDE escapes, he shall be deemed to have
D. IMPRISONMENT FOR DEBT waived his right to be present on all
E. EX POST FACTO LAWS AND BILLS subsequent trial dates until custody over
OF ATTAINDER him is regained. Upon motion, the accused
may be allowed to defend himself in person
when it sufficiently appears to the court that
he can properly protect his rights without the
I. Rights During Trial assistance of counsel.
(d) To testify as a witness in his own behalf
but subject to cross-examination on
ART. III. SEC. 14. 1987 CONSTITUTION.
matters covered by direct examination.
His silence shall not in any manner
(1) No person shall be held to answer for a
prejudice him.
criminal offense without due process of law.
(e) To be exempt from being compelled to
be a witness against himself.
(2) In all criminal prosecutions, the accused
(f) To confront and cross-examine the
shall be presumed innocent until the
witnesses against him at the trial. Either
contrary is proved, and shall enjoy the right
party may utilize as part of its evidence the
to be heard by himself and counsel, to be
testimony of a witness who is deceased,
informed of the nature and cause of the
out of or cannot with due diligence be found
accusation against him, to have a speedy,
in the Philippines, unavailable, or otherwise
impartial, and public trial, to meet the
unable to testify, given in another case or
witnesses face to face, and to have
proceeding, judicial or administrative,
compulsory process to secure the
involving the same parties and subject
attendance of witnesses and the production
matter, the adverse party having the
of evidence in his behalf. However, after
opportunity to cross-examine him.
arraignment, trial may proceed
(g) To have compulsory process issued to
notwithstanding the absence of the accused:
secure the attendance of witnesses and
Provided, that he has been duly notified and
production of other evidence in his behalf.
his failure to appear is unjustifiable. (h) To have speedy, impartial and public
trial.
(i) To appeal in all cases allowed and in the
manner prescribed by law.
POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED
CONSTITUTIONAL LAW II
Alejandro vs. Pepito (1980): 3. If he does, and is unable to get one, the
Court must give him one; if the accused
The accused cannot present evidence before wishes to procure private counsel, the Court
the prosecution does so, even if the accused must give him time to obtain one.
pleads guilty. It violates the presumption of
innocence. 4. Where no lawyer is available, the Court may
appoint any person resident of the province
People vs. Acuram: and of good repute for probity and ability.
The presumption of regularity (in official duties)
cannot by itself prevail over the presumption of C. Right to be Informed of Nature and
innocence of the accused. But where it is not the Cause of Accusation
sole basis for conviction, the presumption of
regularity of performance of official functions Vera vs. People:
may prevail over the constitutional presumption
of innocence. Procedural due process requires that the
accused must be informed why he is being
Corpus vs. People: prosecuted and what charge he must meet.
Note: RA 8493 provides: a 30-day arraignment Aquino vs. Military Commission (1975)
within the filing of the information or from the
date the accused appeared before the court; trial Petitioner challenges the jurisdiction of
shall commence 30 days from the arraignment, military commissions to try him (for murder,
as fixed by the court. The entire trial period shall illegal possession of firearms and for
not exceed 180 days, except as otherwise violation of the Anti-Subversion Act) arguing 90
authorized by the SC Chief Justice. that he being a civilian, such trial during
CONSTITUTIONAL LAW II
martial law deprives him of his right to due
process.
E. Right of Confrontation An issue has been raised as to WON
This is the basis of the right to cross- petitioner could waive his right to be present
examination. during trial.
CONSTITUTIONAL LAW II
is necessary or convenient to determine the
b. Re-enactment of the crime by the accused is truth in any investigation conducted by it or
NOT allowed, for this also involves the under its authority;
mental process.
b. Use and Fruit of Immunity
c. The accused can be required to allow a
sample of a substance taken from his body Galman vs. Pamaran (1985):
(U.S. vs. Tan Teh, 1912), or be ordered to
expel the morphine from his mouth (U.S. vs. Use immunity prohibits use of a witness
Ong Sio Hong, 1917) compelled testimony and its fruits in any manner
in connection with the criminal prosecution of the
d. Accused may be made to take off her witness. On the other hand transactional
garments and shoes and be photographed immunity grants immunity to witness from
(People vs. Otadura, 96 Phil 244, 1950); prosecution for an offense to which his
compelled to show her body for physical compelled testimony relates.
investigation to see if she is pregnant by an
adulterous relation (Villaflor vs. Summers,
1920) 5. Effect of Denial of Privilege
e. Order to give a footprint sample to see if it EXCLUSIONARY RULE under ART. III. SEC.
matches the ones found in the scene of the 17 in relation to SEC. 12: When the privilege
crime is allowed (People vs. Salas and against self-incrimination is violated outside of
People vs. Sara). court (e.g. police), then the testimony, as
already noted, is not admissible.
3. Kinds of Proceeding Applicable OUSTED OF JURISDICTION: When the
privilege is violated by the Court itself, that is, by
General rule: The privilege is available in any the judge, the court is ousted of its jurisdiction,
proceedings, even outside the court, for they all its proceedings and even judgment are null
may eventually lead to a criminal prosecution. and void. (Chavez vs. CA, 1968)
92
2. When Subsequent Prosecution is Barred 6. Termination of Jeopardy
CONSTITUTIONAL LAW II
a. Same offense a. By acquittal
b. Attempt of the same offense b. By final conviction
c. Frustration of the same offense c. By dismissal without express consent of
d. Offense necessarily included in the 1st accused
offense (All the elements of the 2nd d. By dismissal on the merits
constitute some of the elements of the 1st
offense)
e. Offense that necessarily includes the 1st A. Excessive Fines and Cruel, Degrading
offense (All the elements of the 1st and Inhuman Punishment
constitute some of the elements of the 2nd
offense) ART. III. SEC. 19. 1987 CONSTITUTION.
1. Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
3. Exceptions inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons
a. The graver offense developed due to involving heinous crimes, the Congress
"supervening facts" arising from the same hereafter provides for it. Any death penalty
act or omission constituting the former already imposed shall be reduced to
charged. reclusion perpetua.
b. The facts constituting the graver charge
became known or were discovered only 2. The employment of physical, psychological,
after the filing of the former complaint or or degrading punishment against any
information. prisoner or detainee or the use of
substandard or inadequate penal facilities
c. The plea of guilty to the lesser offense was under subhuman conditions shall be dealt
made without the consent of the fiscal and with by law.
the offended party.
People vs. dela Cruz (1953):
4. When Defense of Double Jeopardy is In this case the Court took into account, in
Available lowering the penalty to reclusion perpetua of the
accused most of whom were already death row
a. Dismissal based on insufficiency of convicts, the deplorable sub-human conditions
evidence; of the National Penitentiary where the crime was
b. Dismissal because of denial of right to committed.
speedy trial;
c. Accused is discharged to be a state witness. RA 9346 (June 24, 2006): An Act Prohibiting
the Imposition of Death Penalty in the
Philippines:
5. When Defense of Double Jeopardy is Sec. 1. The imposition of the penalty of death is
NOT Available hereby prohibited. Accordingly, R.A. No. 8177,
otherwise known as the Act Designating Death
RULE 117. Sec. 8, par 1. Provisional by Lethal Injection is hereby repealed. R.A. No.
dismissal.A case shall not be provisionally 7659, otherwise known as the Death Penalty
dismissed except with the express consent of Law, and all other laws, executive orders and
the accused and with notice to the offended decrees, insofar as they impose the death
party. penalty are hereby repealed or amended
accordingly.
When the case is dismissed other than on
the merits, upon motion of the accused
personally, or through counsel, such
POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED
B. Involuntary Servitude
CONSTITUTIONAL LAW II
C. Imprisonment for Debt
CONSTITUTIONAL LAW II
and agencies over civilians where civil
I. Habeas Corpus courts are able to function, nor
automatically suspend the privilege of
the writ.
ART. III. SEC. 15. 1987 CONSTITUTION.
The suspension of the privilege of the
The privilege of the writ of habeas corpus shall
writ shall apply only to persons judicially
not be suspended except in cases of invasion or
charged for rebellion or offenses inherent
rebellion when the public safety requires it.
in or directly connected with invasion.
ART. VII. SEC. 18. 1987 CONSTITUTION. Villavicencio vs. Lukban (1919):
The President shall be the Commander-in-
Chief of all armed forces of the Philippines "A prime specification of an application for a writ
and whenever it becomes necessary, he of habeas corpus is restraint of liberty.
may call out such armed forces to prevent or
suppress lawless violence, invasion or The essential object and purpose of the writ
rebellion. of habeas corpus is to inquire into all
In case of invasion or rebellion, when the manner of involuntary restraint as
public safety requires it, he may, for a distinguished from voluntary, and to relieve
period not exceeding sixty days, a person therefrom if such restraint is illegal.
suspend the privilege of the writ of Any restraint which will preclude freedom of
habeas corpus or place the Philippines or action is sufficient.
any part thereof under martial law.
Within forty-eight hours from the The forcible taking of these women from
proclamation of martial law or the Manila by officials of that city, who handed
suspension of the privilege of the writ of them over to other parties, who deposited
habeas corpus, the President shall them in a distant region, deprived these
submit a report in person or in writing to women of freedom of locomotion just as
the Congress. effectively as if they had been imprisoned.
The Congress, voting jointly, by a vote of Placed in Davao without either money or
at least a majority of all its Members in personal belongings, they were prevented from
regular or special session, may revoke exercising the liberty of going when and where
such proclamation or suspension, which they pleased.
revocation shall not be set aside by the
President. The restraint of liberty which began in Manila
Upon the initiative of the President, the continued until the aggrieved parties were
Congress may, in the same manner, extend returned to Manila and released or until they
such proclamation or suspension for a freely and truly waived his right."
period to be determined by the Congress,
if the invasion or rebellion shall persist "We believe the true principle should be that, if
and public safety requires it. the respondent is within the jurisdiction of the
The Congress, if not in session, shall, within court and has it in his power to obey the order of
twenty-four hours following such the court and thus to undo the wrong that he has
proclamation or suspension, convene in inflicted, he should be compelled to do so. Even
accordance with its rules without need of a if the party to whom the writ is addressed
call. has illegally parted with the custody of a
The Supreme Court may: 1) review, 2) in person before the application for the writ is
an appropriate proceeding; 3) filed by no reason why the writ should not issue.
any citizen, 4) the sufficiency of the
factual basis of the proclamation of Lansang vs. Garcia (1971):
martial law or the suspension of the Petitioners were arrested without warrants and
privilege of the writ or the extension detained, upon the authority of Proclamation 889
(Which suspended the privilege of the Writ of
POLITICAL LAW REVIEWER Chapter VII. WRITS
CONSTITUTIONAL LAW II
Supreme Court held that the authority to YES. In Cruz vs. Director of Prisons (1910),
suspend the privilege of the writ is "The courts uniformly hold that where a
circumscribed, confined and restricted, not sentence imposes punishment in excess of
only by the prescribed setting or the conditions the power of the court to impose, such
essential to its existence, but, also, as regards sentence is void as to the excess,
the time when and the place where it may be
exercised. The rule is that the petitioner is not entitled to
his discharge on a writ of habeas corpus
Thus, the Court has the authority to inquire into unless he has served out so much of the
the existence of the factual bases for the sentence as was valid." xxx While the above
proclamation in order to determine its decision speaks of a trial judge losing jurisdiction
constitutional sufficiency. The test for such over the case, insofar as the remedy of habeas
judicial inquiry is whether or not the Executive corpus is concerned, the emphatic affirmation
acted arbitrarily in issuing the Proclamation. The that it is the only means of benefiting the
test is not correctness, but arbitrariness. accused by the retroactive character of a
favorable decision holds true. Petitioners
For the suspension of the privilege of the writ to clearly have thus successfully sustained the
be valid, (a) there must be "invasion, burden of justifying their release.
insurrection or rebellion" or, pursuant to
paragraph (2), section 10 of Art. VII of the Sombong vs. CA (1990):
Constitution, "imminent danger thereof"; and (b)
public safety must require the aforementioned Sombong claims that she is the mother of the
suspension. The President declared in child Christina, who is under the custody of Neri,
Proclamation No. 889, as amended, that both and filed a petition for the issuance of the writ of
conditions are present, and the Supreme Court habeas corpus. The Supreme Court denied the
agreed. The President did not act arbitrarily; petition.
the Court acknowledged the existence of a
sizeable group of men (Communists and the In order to justify the grant of the writ of habeas
NPA) who have publicly risen in arms to corpus, the restraint of liberty must be in the
overthrow the government and have thus nature of an illegal and involuntary deprivation of
been and still are engaged in rebellion against freedom of action. However, habeas corpus
the Government of the Philippines. may still be resorted to even if the restraint is
voluntary in cases where the rightful custody
Moncupa vs. Enrile (1986): of any person is withheld from the person
entitled thereto. The said writ is the proper
It is not physical restraint alone which can be legal remedy to enable parents to regain the
inquired into by means of the writ of habeas custody of a minor child even if the child is in the
corpus. In this case, the petition is valid as custody of a third person of her own free will.
petitioners temporary release from detention is
accompanied with restrictions w/ the ff effects: 1) Sombong does not have the right of custody
curtailed freedom of movement by the condition over the child, because the evidence adduced
that he must get approval of respondents for any does not warrant the conclusion that Christina is
travel outside Metro Manila, 2) abridged liberty the same person as her child Arabella.
of abode because prior approval of respondent
is required in case petitioner wants to change Velasco vs. CA (1995):
place of residence, 3) abridged freedom of
speech due to prohibition from taking any Larkins was arrested after a certain Alinea filed
interviews inimical to national security, and 4) a complaint-affidavit for rape against him before
petitioner is required to report regularly to the NBI. There was no warrant. A complaint for
respondents or their reps. rape was subsequently filed before the RTC. His
common-law wife filed a petition for habeas
Gumabon vs. Director of Prisons (1971): corpus.
POLITICAL LAW REVIEWER Chapter VII. WRITS
CONSTITUTIONAL LAW II
corpus, for even if the detention is at its
inception illegal, it may, by reason of some Section 4 of Rule 102 reads in part as follows:
supervening events, such as the instances "Nor shall anything in this rule be held to
mentioned in Section 4 of Rule 102, be no authorize the discharge of a person charged
longer illegal at the time of the filing of the with or convicted an offense in the Philippines."
application. Among such supervening events It may also be said that by filing his motion for
are: bail, Larkins admitted that he was under the
The issuance of a judicial process custody of the court and voluntarily submitted
preventing the discharge of the detained his person to its jurisdiction.
person.
CONSTITUTIONAL LAW II
aggrieved party within the o Any ascendant, descendant
fourth civil degree of or collateral relative of the
consanguinity or affinity, in aggrieved party within the
default of those mentioned in the fourth civil degree of
preceding paragraph; or consanguinity or affinity, in
Any concerned citizen, default of those mentioned in
organization, association or the preceding paragraph.
institution, if there is no known
member of the immediate family
or relative of the aggrieved
party.
Where can the petition be The petition may be filed on any Regional Trial Court
filed? day and at any time with: where the petitioner or
respondent resides,
The Regional Trial Court of the or that which has jurisdiction
place where the threat, act or over the place where the data or
omission was committed or any of information is gathered, collected
its elements occurred, or stored, at the option of the
the writ shall be returnable petitioner.
before such court or judge.
Supreme Court;
or with the Sandiganbayan, the Court of Appeals;
Court of Appeals, or any justice of Sandiganbayan: when the action
such courts. concerns public data files of
government offices.
The writ shall be enforceable
anywhere in the Philippines.
It may be returnable before
such court or any justice
thereof, or to any Regional Trial
Court to any Regional Trial
Court of the place where the
threat, act or omission was
committed or any of its
elements occurred.
CONSTITUTIONAL LAW II
the filing of the petition.
What is the The parties shall establish their
required burden of claims by substantial evidence.
proof?
The respondent who is a private
individual or entity must prove that
ordinary diligence as required by
applicable laws, rules and
regulations was observed in the
performance of duty.
Secretary of National Defense vs. Manalo government also failed to provide an effective
(2008): investigation.
The Manalo brothers were abducted, detained, As regards the relief granted, the Court held
and tortured repeatedly by the military. After that the production order under the Amparo
their escape, they filed a petition for the privilege rule is different from a search warrant and
of the Writ of Amparo. The Supreme Court may be likened to the production of
granted the petition and held that there was a documents or things under Rule27.1, ROC.
continuing violation of the Manalos right to They also said that the disclosure of the
security. Considering that they only escaped present places of assignment of the
from captivity and have implicated military implicated military officers would not
officers, there is still a threat to their lives, jeopardize the exercise of the military
liberty, and security. The threat vitiates their functions of the officers. Such disclosure is
free will and they are forced to limit their relevant in ensuring the safety of the Manalo
movements and activities. The government brothers.
also failed to provide them protection because
the military themselves perpetrated the
abduction, detention, and torture. The
POLITICAL LAW REVIEWER Chapter VIII. PRIVACY of COMMUNICATION and CORRESPONDENCE
CONSTITUTIONAL LAW II
III. ENABLING LAW possess any tape record, wire record,
disc record, or any other such
ART. III. SEC. 3. 1987 CONSTITUTION. record, or copies thereof, of any
(1) The privacy of communication and communication or spoken word secured
correspondence shall be inviolable except either before or after the effective date
upon lawful order of the court, or when of this Act in the manner prohibited by
public safety or order requires otherwise, as this law
prescribed by law.
(2) Any evidence obtained in violation of this or 4. to replay the same for any other
the preceding section shall be inadmissible person/persons
for any purpose in any proceeding.
5. to communicate the contents thereof,
either verbally or in writing,
I. Intrusion, When Allowed 6. to furnish transcriptions thereof,
whether complete or partial, to any other
1. By lawful order of the court person
2. When public safety or public order requires
otherwise, as may be provided by law Exception 1:
Exception 2:
III. ENABLING LAW Any peace officer, who is authorized by a written
order of the Court may lawfully execute any of
Republic Act 4200: AN ACT TO PROHIBIT the acts declared to be unlawful in the two
AND PENALIZE WIRE TAPPING AND OTHER preceding Sections in cases involving the crimes
RELATED VIOLATIONS OF THE PRIVACY OF of:
COMMUNICATION, AND FOR OTHER
PURPOSES (1965) 1. treason
2. espionage
Section 1. 3. provoking war and disloyalty in case of war
4. piracy, and mutiny in the high seas,
Unlawful Acts: 5. rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion
1. For any person not being authorized by 6. sedition, conspiracy to commit sedition,
all the parties to any private inciting to sedition
communication or spoken word to tap 7. kidnapping as defined by the RPC
any wire or cable, or by using any 8. violations of Commonwealth Act No. 616,
other device or arrangement, punishing espionage and other offenses
against national security
2. to secretly overhear, intercept, or record
such communication or spoken word Requirements for valid issuance of written
by using a device commonly known as a order:
dictaphone or dictagraph or
POLITICAL LAW REVIEWER Chapter VIII. PRIVACY of COMMUNICATION and CORRESPONDENCE
CONSTITUTIONAL LAW II
hereinabove has been committed or any information therein contained obtained or
is being committed or is about to be secured by any person in violation of the
committed: Provided, however, That in preceding sections of this Act shall not be
cases involving the offenses of rebellion, admissible in evidence in any judicial, quasi-
conspiracy and proposal to commit judicial, legislative or administrative hearing or
rebellion, inciting to rebellion, sedition, investigation.
conspiracy to commit sedition, and
inciting to sedition, such authority shall Gaanan vs. IAC (1986):
be granted only upon prior proof that a
rebellion or acts of sedition, as the case The use of a telephone extension for the
may be, have actually been or are being purpose of overhearing a private conversation
committed; without authorization did NOT violate R.A. 4200
ii. reasonable grounds to believe that because a telephone extension device was not
evidence will be obtained essential to among those "device(s) or arrangement(s)"
the conviction of any person for, or to enumerated therein, following the principle that
the solution of, or to the prevention of, "penal statutes must be construed strictly in
any such crimes; and favor of the accused.
iii. no other means readily available for
obtaining such evidence.
CONSTITUTIONAL LAW II
B. FREEDOM FROM SUBSEQUENT Components
PUNISHMENT Speech, expression, and press include:
II. CONTENT-BASED RESTRICTIONS
A. TESTS a) Written or spoken words (recorded or not)
B. APPLICATIONS OF VARIOUS TESTS b) Symbolic speech (e.g. wearing armbands as
IN SPECIFIC INSTANCES symbol of protest)
1. FREEDOM OF EXPRESSION AND c) Movies (BERNAS)
NATIONAL SECURITY
2. FREEDOM OF EXPRESSION AND
LIBEL Scope of Protected Freedoms
3. FREEDOM OF EXPRESSION AND Any and all modes of protection are embraced in
THE RIGHT TO PRIVACY the guaranty. It is reinforced by Sec. 18(1), Art.
4. FREEDOM OF EXPRESSION AND 3.
THE ADMINISTRATION OF
JUSTICE
5. FREEDOM OF INFORMATION
III. CONTENT-NEUTRAL RESTRICTIONS A. Freedom from Censorship or Prior
A. FREEDOM OF ASSEMBLY Restraint
B. FREEDOM OF ASSOCIATION AND
SELF-ORGANIZATION Concept:
C. MOVIE CENSORSHIP
D. BROADCAST MEDIA Censorship conditions the exercise of freedom
of expression upon the prior approval of the
government.
I. Basis, Components, Scope and
Limitations The censor serves therefore as the political,
moral, social and artistic arbiter for the
Basis people, usually applying only his own subjective
standards in determining what is good and
whats not.
Sec. 4, Art. 3. No law shall be passed abridging
the freedom of speech, of expression, or of the
press, or the right of the people peaceably to
General rules:
assemble and petition the government for
redress of grievances.
1. Any system of prior restraints of expression
comes to the Court bearing a heavy
Sec. 18. (1), Art. 3 No person shall be detained
presumption against its constitutionality,
solely by reason of his political beliefs and
giving the government a heavy burden to
aspirations.
show justification for the imposition of such
restraint. (New York vs. United States 1971)
All are indispensable to the uninhibited, robust
and wide-open debate in the free marketplace of 2. There need not be total suppression.
ideas (Abrams vs. US) Even restriction of circulation constitutes
censorship (Grosjean vs. American Press
U.S. vs. Bustos (1909): Co. 297 US 233)
While indeed, the news item subject of the
present case might have ruffled the sensitivities
of plaintiff, this Court however believes that the Examples of Unconstitutional Prior
alleged defamatory articles fall within the Restraint:
purview of a qualifiedly privileged matter, and
that therefore, it cannot be presumed to be 1. COMELEC prohibition against radio
malicious. The onus of proving malice is commentators or newspaper columnists
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION
from commenting on the issues involved in the sailing dates of transports or the
a scheduled plebiscite (Sanidad vs. number and location of troops
COMELEC) c. Obscene publications
d. Incitements to acts of violence and the
2. Arbitrary closure of a radio station (Eastern overthrow by force of orderly
Broadcasting vs. Dans) government 102
CONSTITUTIONAL LAW II
3. COMELEC resolution prohibiting the posting
of decals and stickers in mobile units like
cars and other moving vehicles (Adiong vs. B. Freedom from Subsequent Punishment
COMELEC)
Concept:
4. Search, padlocking and sealing of the
offices of newspaper publishers (We Forum) Freedom of speech includes freedom after
by military authorities (Burgos vs. Chief of speech. Without this assurance, the citizen
Staff) would hesitate to speak for fear he might be
provoking the vengeance of the officials he has
5. An announcement of a public figure to criticized (chilling effect).
prohibit the media to issue a specific kind of
statement amounts to prior restraint, If criticism is not to be conditioned on the
which is violative of the right to free governments consent, then neither should it
press. (Chavez vs. Gonzales, 2006) be subject to the governments subsequent
chastisement.
2. Prohibition on any person making use of the 2. Obscenity. The determination of what is
media to sell or to give free of charge print obscene is a judicial function. (Pita vs. CA)
space or air time for campaign or other
political purposes except to the COMELEC. U.S. vs. Kottinger:
Ratio: police power of State to regulate
media for purpose of ensuring equal Accused was convicted for exhibiting nude
opportunity, time and space for political painting and pictures, notwithstanding his
campaigns. (National Press Club vs. claim that he had done so in the interest of
COMELEC, Osmena vs. COMELEC) art. Court said that the purpose was
commercial, not merely artistic, because he
3. Movie censorship: the power of the MTCRB charged admission fees to the exhibition.
can be exercised only for purposes of
reasonable classification, not censorship. 3. Contempt for criticism/publications tending
(NACHURA citing Gonzales vs. Katigbak to impede, obstruct, embarrass or influence
and Ayer vs. Judge Capulong) the courts in administering justice in a
pending suit or proceeding (sub judice)
4. Near vs. Minnesota, (1931): (People vs. Alarcon)
a. When a nation is at war, many things
that might be said in time of peace are 4. Being a public figure does not automatically
such a hindrance to its effort that their destroy in toto a person's right to privacy.
utterance will not be endured so long as The limits of freedom of expression are
men fight and that no court could regard reached when it touches upon matters of
them as protected by any constitutional private concern (Lagunzad vs. Gonzales)
right
b. Actual obstruction to the governments 5. Right of students to free speech in school
recruiting service or the publication of premises must not infringe on the schools
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION
right to discipline its students (Miriam test most applied to cases re: freedom of
College Foundation vs. CA 2000). expression.
CONSTITUTIONAL LAW II
Fair comment is that which is true or, if Douds, (339 US 282):
false, expresses the real opinion of the
author based upon reasonable degree of When a particular conduct is regulated in the
care and on reasonable grounds. interest of public order, and the regulation
results in an indirect, conditional and partial
2. Criticism of official conduct is given the abridgement of speech, the duty of the courts is
widest latitude. (US vs. Bustos) to determine which of the two conflicting
interests demands greater protection.
within the protective clause of freedom of was written by a fictitious suicidee, Alberto
speech and expression. The same cannot be Reveniera and addressed to the latter's
construed as subversive activities per se or as supposed wife.
evidence of membership in a subversive
organization. These reasons point to the Roxas
administration, his disappointments and 104
humiliations because of the former and his lack
CONSTITUTIONAL LAW II
5. Grave-But-Improbable Danger Test of power to put under Juez de Cuchillo all the
Roxas people in power. Finally, the letter
Dennis vs. U.S. (1951): instructed the wife to teach their children to burn
pictures of Roxas if they come across one.
In this case, the Petitioners, leaders of the Espuelas admitted the fact that he wrote the
Communist Party in this country, were indicted letter and caused its publication and that he had
in a federal district court under 3 of the Smith impersonated one Alberto Reveniera and posed
Act for (1) wilfully and knowingly conspiring to himself as Alberto Reveniera in a picture taken
organize as the Communist Party a group of wherein he was shown hanging by the end of a
persons to teach and advocate the overthrow rope tied to a limb of a tree.
and destruction of the Government of the United
States by force and violence, and (2) to Freedom of Expression, national security:
knowingly and wilfully advocate and teach the The letter is a scurrilous libel against the
duty and necessity of overthrowing and Government. It suggests or incites rebellious
destroying the Government of the United States conspiracies or riots and tends to stir up the
by force and violence. people against the constituted authorities, or to
provoke violence from opposition groups who
Grave-But-Improbable Danger Test: To may seek to silence the writer, which is the sum
determine the clear and present danger of the and substance of the offense under
utterances bringing about the evil which that consideration. Such writings are criminal not
legislature has the power to punish, "In each only because they tend to incite to a breach
case [courts] must ask whether the gravity of of the peace but because they are conducive
the 'evil,' discounted by its improbability, to the destruction of the very government
justifies such invasion of free speech as is itself. Malicious endeavors to stir up public strife
necessary to avoid the danger." In this case, are prohibited.
an attempt to overthrow the Government by
force is a sufficient evil for Congress to prevent. Our Legislature has spoken in article 142 of the
It is the existence of the conspiracy which RPC and the law must be applied. This kind of
creates the danger. legislation must be weighed carefully vis--vis
the fundamental right to freedom of speech.
Such freedom, although secured by the
Constitution, does not confer an absolute
B. Applications of Various Tests in right to speak or publish without
Specific Instances responsibility whatever one may choose. It is
not unbridled license that gives immunity for
I. Freedom of Expression and National every possible use of language and prevents
Security the punishment of those who abuse this
freedom.
Espuelas vs. People (1951)
The privilege of any citizen to criticize his
Espuelas was convicted in the lower court of the government and government officials and to
crime of inciting to sedition. Espuelas had his submit his criticism to the "free trade of ideas"
picture taken, making it to appear as if he were and to plead for its acceptance in "the
hanging lifeless at the end of a piece of rope competition of the market" is not to be
suspended from the limb of a tree, when in truth restrained. However, let such criticism be
and in fact, he was merely standing on a barrel. specific and therefore constructive,
After securing copies of his photograph, he sent reasoned or tempered, and not a
copies to several newspapers and weeklies of contemptuous condemnation of the entire
general circulation throughout the Philippines government set-up.
and abroad, for their publication with a suicide
note or letter, wherein he made to appear that it Such wholesale attack is nothing less than an
invitation to disloyalty to the government.
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION
When the use of irritating language centers damages against MVRS Publications, Inc.,
not on persuading the readers but on arising from an article, which says that the pig is
creating disturbance, the rationale of free sacred for the Muslims.
speech cannot apply and the speaker or
writer is removed from the protection of the Freedom of Expression, Libel: As the size of
constitutional guaranty. these groups increases, the chances for 105
members of such groups to recover damages on
CONSTITUTIONAL LAW II
tortious libel become elusive. This principle is
II. Freedom of Expression and Libel said to embrace two important public policies:
first, where the group referred to is large, the
Bulletin Publishing vs. Noel courts presume that no reasonable reader would
NATIONAL COMMUNITY STANDARD AS take the statements as so literally applying to
BASIS OF WHAT IS DEFAMATORY: each individual member; and second, the
Facts: An article in Phil. Panorama described limitation on liability would satisfactorily
Amir Mindalano as not belonging to a royal safeguard freedom of speech and expression,
house. as well as of the press, effecting a sound
Held: Court held that there is no libel. Such a compromise between the conflicting
description cannot be regarded as defamatory, fundamental interests involved in libel cases.
an imputation of a vice or defect, or tending to
cast dishonor, discredit or contempt or to Courts must be viewpoint-neutral when it comes
blacken the memory of one who is dead. In a to religious matters if only to affirm the neutrality
community like ours which is both principle of free speech rights under modern
republican and egalitarian, such an jurisprudence where "all ideas are treated equal
ascription, whether correct or not, cannot be in the eyes of the First Amendment - even those
defamatory. ideas that are universally condemned and run
counter to constitutional principles."
It is to the standards of the national
community, not to those of the region that a Under the right to free speech, "there is no such
court must refer especially where a thing as a false idea. However pernicious an
newspaper is national in reach and opinion may seem, we depend for its correction
coverage.xxx not on the conscience of judges and juries but
on the competition of other ideas."
Newsweek vs. IAC (1986):
REPORT OF OFFICIAL CONDUCT IS Denying certiorari and affirming the appellate
PRIVILEGED AND COVERED BY PRESS court decision would surely create a chilling
FREEDOM: Where the defamation is alleged to effect on the constitutional guarantees of
have been directed at a group/class, it is freedom of speech, of expression, and of the
essential that the statement must be so press.
sweeping or all-embracing as to apply to every
individual in that group or class, or sufficiently
specific so that each individual in the class or III. Freedom of Expression and the Right to
group can prove that the defamatory statement Privacy
specifically pointed to him, so that he can bring
the action separately, if need be. Lagunzad vs. Sotto (1979)
Being a public figure does not automatically
Also, the report in the Newsweek article referring destroy in toto a persons right to privacy.
as it does to an official act performed by an The right to invade a persons privacy to
elective public official (i.e. that the victim had disseminate public info does not extend to a
been arrested by members of special police unit fictional representation of a person, no matter
brought by the mayor of Kabankalan who how public a figure he/she may be. In the case
incidentally is a sugar planter), is w/in the realm at bar, petitioner admits that he included a little
of privilege and is protected by the constitutional romance in the film about Moises Padilla
guarantees of free speech and press. (despite efforts to present the true-to-life story of
the latter) because w/o it, it would be a drab
MVRS v. Islamic DaWah Council of the Phil story of torture and brutality.
(2003)
Islamic DaWah Council of the Philippines, Inc., Ayer Productions vs. Capulong (1988):
a local federation of more than 70 Muslim Facts: TC issued a writ of preliminary injunction
religious organizations, filed a complaint for against petitioners ordering them to desist from
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION
CONSTITUTIONAL LAW II
freedom of filming and producing motion defunct Batasang Pambansa on the guaranty of
pictures and to exhibit them. The fact that Imelda Marcos shortly before the Feb 1986
such film production is a commercial activity elections. Request was refused on the ground of
is not a disqualification for availing of confidentiality.
freedom of speech and expression.
2) The right to privacy cannot be involved to Held: The right to information is not absolute. It
resist publication and dissemination of is limited to matters of public concern and is
matter of public interest. subject to such limitations as may be provided
3) The intrusion is no more than necessary to by law. That the GSIS was exercising a
keep the film a truthful historical account. proprietary function would not justify its
Enrile is a public figure because of his exclusion of the transactions from the coverage
participation as a principal actor in the of the right to info. But although citizens have
culminating events of the revolution. such right and, pursuant thereto, are entitled to
4) There must be no knowing or reckless access to official records, the Constitution does
disregard of truth in depicting the not accord them the right to compel custodians
participation of Enrile in EDSA I. Also, there of official records to prepare lists, summaries
must be no presentation of his private life and the like in their desire to get info on matters
and no revelation of intimate or of public concern.
embarrassing personal facts.
CONSTITUTIONAL LAW II
The CPR, insofar as it would purport to differ when the police demand a permit and the
from or be in lieu of maximum tolerance, is rallyists could not produce one, the rally is
NULL and VOID immediately dispersed.
terrorism, or which, although not organized for including the right to strike in accordance with
that purpose, actually uses the acts to terrorize law. They shall be entitled to security of tenure,
mentioned in this Act or to sow and create a humane conditions of work, and a living wage.
condition of widespread and extraordinary fear They shall also participate in policy and
and panic among the populace in order to decision-making processes affecting their rights
coerce the government to give in to an unlawful and benefits as may be provided by law. 108
demand shall, upon application of the
CONSTITUTIONAL LAW II
Department of Justice before a competent
Regional Trial Court, with due notice and 3. Movie Censorship
opportunity to be heard given to the
organization, association, or group of persons Gonzales vs. Kalaw Katigbak (1985):
concerned, be declared as a terrorist and
outlawed organization, association, or group of Facts: Gonzales was the producer of the movie
persons by the said Regional Trial Court. Kapit sa Patalim w/c the Board of Review for
Motion Pictures and Televisions classified as fit
For Adults Only.
People vs. Ferrer (1972):
Held: Here the Court held that the power of the
The right to associate is not absolute. Board is limited to the classification of films. For
freedom of expression is the rule and restrictions
Sec. 2 (5), Art 9-B. 1987 Constitution. The the exception. Censorship is allowable only
right to self-organization shall not be denied to under the clearest proof of a clear and
government employees. present danger of a substantive evil to public
safety, morals, health or any other legit
Sec. 8, Art. 3, 1987 Constitution. The right of public interest. 1) There should be no doubt
the people, including those employed in the what is feared may be traced to the
public and private sectors, to form unions, expression complained of. 2) Also, there
associations, or societies for purposes not must be reasonable apprehension about its
contrary to law shall not be abridged. imminence. It does not suffice that the
danger is only probable.
par. 2, Sec. 3(2), Art. 13, 1987 Constitution. It
shall guarantee the rights of all workers to self- 4. Broadcast Media
organization, collective bargaining and
negotiations, and peaceful concerted activities,
POLITICAL LAW REVIEWER Chapter X. FREEDOM of RELIGION
I. NON-ESTABLISHMENT CLAUSE Glassroth vs. Moore, 335 F.3d 1282 (11th Cir.
A. CONCEPT 2003):
B. BASIS 109
C. ACTS NOT PERMITTED BY THE Display of granite monument of 10
CONSTITUTIONAL LAW II
ESTABLISHMENT CLAUSE commandments in front of a courthouse is
D. ACTS PERMITTED BY THE unconstitutional for being is unmistakably non-
ESTABLISHMENT CLAUSE secular. Nothing in its setting de-emphasizes its
E. TEST religious nature. It engenders in viewers a sense
II. FREE EXERCISE CLAUSE that Christianity is endorsed by the government.
A. DUAL ASPECT
B. LAWS JUSTIFIED UNDER THE FREE 4. Mandatory religious subjects or prohibition
EXERCISE CLAUSE of secular subjects (evolution) in schools
III. TESTS (Epperson vs. Arkansas)
A. CLEAR AND PRESENT DANGER
TEST 5. Mandatory bible reading in school (a form of
B. COMPELLING STATE INTEREST preference for belief over non-belief)
TEST (School District vs. Schempp)
C. CONSCIENTIOUS OBJECTOR TEST
6. Word God in the Pledge of Allegiance
Art. III, Sec. 5. No law shall be made respecting
an establishment of religion; or prohibiting the Newdow vs. US (2003):
free exercise thereof. The free exercise and
enjoyment of religious profession and worship, Mandatory recitation in school of such a Pledge
without discrimination or preference, shall of Allegiance would tend to discriminate against
forever be allowed. No religious test shall be students who are atheists.
required for the exercise of civil or political
rights.
D. Acts Permitted by the Establishment
Clause
I. Non-establishment Clause 1. Tax exemption
approved by the religious authorities of the 9. Financial support for secular academic
religion to which the children or wards belong, facilities
without additional cost to the Government.
Tilton vs. Richardson, (403 U.S. 672):
Civil Code, Art. 359. The government promotes WON a law that grants financial support for
the full growth of the faculties of every child. For expansion of educational facilities in 110
this purpose, the government will establish, parochial schools is constitutional. HELD:
CONSTITUTIONAL LAW II
whenever possible: Yes, secular purpose facilities to be used
for secular activities. The facilities built here
(1) Schools in every barrio, municipality and city were a library and a science center.
where optional religious instruction shall be
taught as part of the curriculum at the option of 10. Exemption from zoning requirements to
the parent or guardian.xxx accommodate unique architectural features
of religious buildings
4. Public aid to religion
Martin vs. Corporation of the Presiding
Bishop, (434 Mass. 141):
Sec. 29 (2), Art. 6. No public money or property
WON zoning law giving exemption to
shall be appropriated, applied, paid, or
religious sect (Mormons building a tall
employed, directly or indirectly, for the use,
pointed steeple) is constitutional. HELD:
benefit, or support of any sect, church,
Yes, court may not determine whether
denomination, sectarian institution, or system of
architectural features are necessary for a
religion, or of any priest, preacher, minister,
particular religion, e.g. steeple pointing
other religious teacher, or dignitary as such,
upwards into heaven for Mormons.
except when such priest, preacher, minister,
or dignitary is assigned to the armed forces,
or to any penal institution, or government E. Test
orphanage or leprosarium.
Lemon vs. Kurtzman, (403 U.S. 602): Lemon
Test
5. Postage stamps depicting Philippines as the
1. Statute must have a secular legislative
site of a significant religious event
purpose.
2. Primary effect must be one that neither
Aglipay vs. Ruiz, (64 Phil. 201):
advances nor inhibits religion.
Postage stamps which promote a Catholic
3. Must not foster excessive entanglement
event are constitutional. The benefit to
between government and religion.
religious sect is incidental to promotion of
Philippines as a tourist destination.
CONSTITUTIONAL LAW II
the power to control or suppress its enjoyment. 1. Determine sincerity and centrality of claimed
Those who can tax the exercise of religious religious belief and practice
practice can make its exercise so costly as 2. Compelling state interest must override
to deprive it of the resources necessary for religious belief and practice
its maintenance. 3. The means adopted in pursuing its interest
is the least restrictive to religious freedom
Victoriano vs. Elizalde Rope Workers Union Although the morality contemplated by laws is
(1974): secular, benevolent neutrality could allow for
accommodation of morality based on religion,
Neither does the law constitute an establishment provided it does not offend compelling state
of religion. It has been held that in order to interests.
withstand objections based on this ground, the
statute must have a secular purpose and that
purpose must not directly advance or diminish C. Conscientious Objector Test
the interest of any religion. Congress acted 1. Conscientiously opposed to war in any form.
merely to relieve persons of the burden imposed 2. Opposition is based upon religious training
by union security agreements. The free and belief.
exercise of religious profession or belief is 3. Objection is sincere. (See Cassious Clay vs.
superior to contract rights. US)
III. Tests
I. LIBERTY OF ABODE
II. RIGHT TO TRAVEL II. Right to Travel
III. RIGHT TO RETURN TO ONES COUNTRY 112
CONSTITUTIONAL LAW II
Manotok vs. CA (1986):
I. Liberty of Abode RIGHT NOT ABSOLUTE:
The Constitutional Right to Travel under
Rubi vs. Provincial Board (1919): Sec. 5, Art. IV of the 1973 Consitution is not an
Absolute Right, and can only be impaired upon
"Liberty" as understood in democracies, is not lawful order of the court, or when necessary in
license; it is "Liberty regulated by law." the interest of national security, public safety or
public health. Releasing the petitioner on bail
The right of the individual is necessarily subject and that as a condition, he make himself
to reasonable restraint by general law for the available at all times is a valid restriction on his
common good. The Liberty of the citizens may right to travel. To allow him to travel, especially
be restrained in the interest of the public health, abroad will make the order of the court nugatory
or of the public order and safety, or otherwise as the court's jurisdiction cannot extend beyond
within the proper scope of the police power. the Philippines.
CONSTITUTIONAL LAW II
conspiracy to commit the Section 3 offense
arise?
Surveillance of suspects and interception and ART. III. SEC. 3. 1987 CONSTITUTION.
recording of communications, 7 1. The privacy of communication and
correspondence shall be inviolable except
Upon written order of the Court of Appeals, upon lawful order of the court, or when
The provisions of RA 4200 to the contrary public safety or order requires otherwise as
notwithstanding Intercept and record, with prescribed by law.
the use of any mode, form, kind or type of 2. Any evidence obtained in violation of this or
electronic or other surveillance equipment of the preceding section shall be inadmissible
intercepting and tracking devices, or with the for any purpose in any proceeding.
use of any other suitable ways and means for
that purpose, any communication, message,
conversation, discussion, or spoken or written
words between members of a judicially
declared and outlawed terrorist
organization, association or group of
persons or of any person charged with or
suspected of the crime of terrorism or of
conspiracy to commit terrorism.
Proscription of Terrorist Organizations, ART. III. SEC. 4. 1987 CONSTITUTION.
Association or Group of Persons, 17 No law shall be passed abridging the freedom
of speech, of expression, or of the press, or the
Any organization, association or group of right of the people peaceably to assemble and
persons organized for the purpose of engaging petition the government for redress of
in terrorism, or which although not organized grievances.
for this purpose, actually uses the acts to
terrorize shall, upon application of the ART. III. SEC. 8. 1987 CONSTITUTION.
Department of Justice before a competent The right of the people, including those
Regional Trial Court, with due notice and employed in the public and private sectors, to
opportunity to be heard given to the form unions, associations, or societies for
organization, association or group of persons purposes not contrary to law shall not be
concerned, be declared as a terrorist and abridged.
outlawed organization, association, or group of
persons by the court. ART. III. SEC. 18. 1987 CONSTITUTION.
1) No person shall be detained solely by
Note: to terrorize to commit the crime reason of his political beliefs and aspirations.
of terrorism?
Periods of Detention without Judicial (sic) Warrant ART. III. SEC. 1. 1987 CONSTITUTION.
of Arrest, 18 No person shall be deprived of life, liberty, or
property without due process of law, nor shall
The provisions of Article 125 of the Revised any person be denied the equal protection of
Penal Code to the contrary the laws.
notwithstanding, any police or law
enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged
ART. 125., REVISED PENAL CODE
with or suspected of the crime of terrorism or Delay in the delivery of detained persons to
the crime of conspiracy to commit terrorism the proper judicial authorities. The
shall, without incurring any criminal liability
penalties provided in the next preceding article
for delay in the delivery of detained persons
POLITICAL LAW REVIEWER Chapter XII. RA 9372: HUMAN SECURITY ACT
to the proper judicial authorities, deliver shall be imposed upon the public officer or
said charged or suspected person to the employee who shall detain any person for
proper judicial authority within a period of some legal ground and shall fail to deliver such
three (3) days counted from the moment the person to the proper judicial authorities within
said charged or suspected person has been the period of; twelve (12) hours, for crimes or
apprehended or arrested, detained, and taken offenses punishable by light penalties, or their 114
into custody by the said police, or law equivalent; eighteen (18) hours, for crimes or
CONSTITUTIONAL LAW II
enforcement personnel. offenses punishable by correctional penalties,
or their equivalent and thirty-six (36) hours, for
Periods of Detention in the Event of an crimes, or offenses punishable by afflictive or
Actual or Imminent Terrorist Attack, 19 capital penalties, or their equivalent.
_____________________________________________
* Acknowledgment: Thank you to Prof.
Theodore Te for allowing us to substantially lift
the materials from his report on the HSA.
POLITICAL LAW REVIEWER Chapter XII. BP 880
CONSTITUTIONAL LAW II
Section 1. Title - This Act shall be known as permit shall be required if the public assembly
"The Public Assembly Act of 1985." shall be done or made in a freedom park duly
established by law or ordinance or in private
Section 2. Declaration of policy - The property, in which case only the consent of the
constitutional right of the people peaceably to owner or the one entitled to its legal possession
assemble and petition the government for is required, or in the campus of a government-
redress of grievances is essential and vital to the owned and operated educational institution
strength and stability of the State. To this end, which shall be subject to the rules and
the State shall ensure the free exercise of such regulations of said educational institution.
right without prejudice to the rights of others to Political meetings or rallies held during any
life, liberty and equal protection of the law. election campaign period as provided for by law
are not covered by this Act.
Section 3. Definition of terms - For purposes of
this Act: Section 5. Application requirements - All
(a) "Public assembly" means any rally, applications for a permit shall comply with the
demonstration, march, parade, procession following guidelines:
or any other form of mass or concerted (a) The applications shall be in writing and shall
action held in a public place for the purpose include the names of the leaders or
of presenting a lawful cause; or expressing organizers; the purpose of such public
an opinion to the general public on any assembly; the date, time and duration
particular issue; or protesting or influencing thereof, and place or streets to be used for
any state of affairs whether political, the intended activity; and the probable
economic or social; or petitioning the number of persons participating, the
government for redress of grievances. transport and the public address systems to
The processions, rallies, parades, be used.
demonstrations, public meetings and (b) The application shall incorporate the duty
assemblages for religious purposes shall be and responsibility of applicant under Section
governed by local ordinances: Provided, 8 hereof.
however, That the declaration of policy as (c) The application shall be filed with the office
provided in Section 2 of this Act shall be of the mayor of the city or municipality in
faithfully observed. whose jurisdiction the intended activity is to
The definition herein contained shall not be held, at least five (5) working days before
include picketing and other concerted action the scheduled public assembly.
in strike areas by workers and employees (d) Upon receipt of the application, which must
resulting from a labor dispute as defined by be duly acknowledged in writing, the office
the Labor Code, its implementing rules and of the city or municipal mayor shall cause
regulations, and by the Batas Pambansa the same to immediately be posted at a
Bilang 227. conspicuous place in the city or municipal
(b) "Public place" shall include any highway, building.
boulevard, avenue, road, street, bridge or
other thoroughfare, park, plaza, square, Section 6. Action to be taken on the
and/or any open space of public ownership application -
where the people are allowed access. (a) It shall be the duty of the mayor or any
(c) "Maximum tolerance" means the highest official acting in his behalf to issue or grant a
degree of restraint that the military, police permit unless there is clear and convincing
and other peace keeping authorities shall evidence that the public assembly will create
observe during a public assembly or in the a clear and present danger to public order,
dispersal of the same. public safety, public convenience, public
(d) "Modification of permit" shall include the morals or public health.
change of the place and time of the public (b) The mayor or any official acting in his behalf
assembly, rerouting of the parade or street shall act on the application within two (2)
working days from the date the application
POLITICAL LAW REVIEWER Chapter XII. BP 880
was filed, failing which, the permit shall be reasonable measures and steps to the end that
deemed granted. Should for any reason the the intended public assembly shall be conducted
mayor or any official acting in his behalf peacefully in accordance with the terms of the
refuse to accept the application for a permit, permit. These shall include but not be limited to
said application shall be posted by the the following:
applicant on the premises of the office of the (a) To inform the participants of their 116
mayor and shall be deemed to have been responsibility under the permit;
CONSTITUTIONAL LAW II
filed. (b) To police the ranks of the demonstrators in
(c) If the mayor is of the view that there is order to prevent non-demonstrators from
imminent and grave danger of a substantive disrupting the lawful activities of the public
evil warranting the denial or modification of assembly;
the permit, he shall immediately inform the (c) To confer with local government officials
applicant who must be heard on the matter. concerned and law enforcers to the end that
(d) The action on the permit shall be in writing the public assembly may be held peacefully;
and served on the application within twenty- (d) To see to it that the public assembly
four hours. undertaken shall not go beyond the time
(e) If the mayor or any official acting in his stated in the permit; and
behalf denies the application or modifies the (e) To take positive steps that demonstrators do
terms thereof in his permit, the applicant not molest any person or do any act unduly
may contest the decision in an appropriate interfering with the rights of other persons
court of law. not participating in the public assembly.
(f) In case suit is brought before the
Metropolitan Trial Court, the Municipal Trial Section 9. Non-interference by law enforcement
Court, the Municipal Circuit Trial Court, the authorities - Law enforcement agencies shall not
Regional Trial Court, or the Intermediate interfere with the holding of a public assembly.
Appellate Court, its decisions may be However, to adequately ensure public safety, a
appealed to the appropriate court within law enforcement contingent under the command
forty-eight (48) hours after receipt of the of a responsible police officer may be detailed
same. No appeal bond and record on appeal and stationed in a place at least one hundred
shall be required. A decision granting such (100) meter away from the area of activity ready
permit or modifying it in terms satisfactory to to maintain peace and order at all times.
the applicant shall, be immediately
executory. Section 10. Police assistance when requested -
(g) All cases filed in court under this Section It shall be imperative for law enforcement
shall be decided within twenty-four (24) agencies, when their assistance is requested by
hours from date of filing. Cases filed the leaders or organizers, to perform their duties
hereunder shall be immediately endorsed to always mindful that their responsibility to provide
the executive judge for disposition or, in his proper protection to those exercising their right
absence, to the next in rank. peaceably to assemble and the freedom of
(h) In all cases, any decision may be appealed expression is primordial. Towards this end, law
to the Supreme Court. enforcement agencies shall observe the
(i) Telegraphic appeals to be followed by following guidelines:
formal appeals are hereby allowed. (a) Members of the law enforcement contingent
who deal with the demonstrators shall be in
Section 7. Use of public thoroughfare - Should complete uniform with their nameplates and
the proposed public assembly involve the use, units to which they belong displayed
for an appreciable length of time, of any public prominently on the front and dorsal parts of
highway, boulevard, avenue, road or street, the their uniform and must observe the policy of
mayor or any official acting in his behalf may, to "maximum tolerance" as herein defined;
prevent grave public inconvenience, designate (b) The members of the law enforcement
the route thereof which is convenient to the contingent shall not carry any kind of
participants or reroute the vehicular traffic to firearms but may be equipped with baton or
another direction so that there will be no serious riot sticks, shields, crash helmets with visor,
or undue interference with the free flow of gas masks, boots or ankle high shoes with
commerce and trade. shin guards;
(c) Tear gas, smoke grenades, water cannons,
Section 8. Responsibility of applicant - It shall or any similar anti-riot device shall not be
be the duty and responsibility of the leaders and used unless the public assembly is attended
organizers of a public assembly to take all by actual violence or serious threats of
POLITICAL LAW REVIEWER Chapter XII. BP 880
CONSTITUTIONAL LAW II
public assembly as follows: accept or acknowledge receipt of the
(a) At the first sign of impending violence, the application for a permit by the mayor or any
ranking officer of the law enforcement official acting in his behalf;
contingent shall call the attention of the (d) Obstructing, impeding, disrupting or
leaders of the public assembly and ask the otherwise denying the exercise of the right
latter to prevent any possible disturbance; to peaceful assembly;
(b) If actual violence starts to a point where (e) The unnecessary firing of firearms by a
rocks or other harmful objects from the member of any law enforcement agency or
participants are thrown at the police or at the any person to disperse the public assembly;
non-participants, or at any property causing (f) Acts in violation of Section 10 hereof;
damage to such property, the ranking officer (g) Acts described hereunder if committed
of the law enforcement contingent shall within one hundred (100) meters from the
audibly warn the participants that if the area of activity of the public assembly or on
disturbance persists, the public assembly the occasion thereof;
will be dispersed; 1. the carrying of a deadly or offensive
(c) If the violence or disturbances prevailing as weapon or device such as firearm,
stated in the preceding subparagraph should pillbox, bomb, and the like;
not stop or abate, the ranking officer of the 2. the carrying of a bladed weapon and the
law enforcement contingent shall audibly like;
issue a warning to the participants of the 3. the malicious burning of any object in
public assembly, and after allowing a the streets or thoroughfares;
reasonable period of time to lapse, shall 4. the carrying of firearms by members of
immediately order it to forthwith disperse; the law enforcement unit;
(d) No arrest of any leader, organizer or 5. the interfering with or intentionally
participant shall also be made during the disturbing the holding of a public
public assembly unless he violates during assembly by the use of a motor vehicle,
the assembly a law, statute, ordinance or its horns and loud sound systems.
any provision of this Act. Such arrest shall
be governed by Article 125 of the Revised Section 14. Penalties - Any person found guilty
Penal Code, as amended: and convicted of any of the prohibited acts
(e) Isolated acts or incidents of disorder or defined in the immediately preceding Section
branch of the peace during the public shall be punished as follows:
assembly shall not constitute a group for (a) violation of subparagraph (a) shall be
dispersal. punished by imprisonment of one month and
one day to six months;
Section 12. Dispersal of public assembly (b) violations of subparagraphs (b), (c), (d), (e),
without permit - When the public assembly is (f), and item 4, subparagraph (g) shall be
held without a permit where a permit is required, punished by imprisonment of six months and
the said public assembly may be peacefully one day to six years;
dispersed. (c) violation of item 1, subparagraph (g) shall be
punished by imprisonment of six months and
Section 13. Prohibited acts - The following shall one day to six years without prejudice to
constitute violations of this Act: prosecution under Presidential Decree No.
(a) The holding of any public assembly as 1866;
defined in this Act by any leader or organizer (d) violations of item 2, item 3, or item 5 of
without having first secured that written subparagraph (g) shall be punished by
permit where a permit is required from the imprisonment of one day to thirty days.
office concerned, or the use of such permit
for such purposes in any place other than Section 15. Freedom parks - Every city and
those set out in said permit: Provided, municipality in the country shall within six
however, That no person can be punished months after the effectivity of this Act establish
or designate at least one suitable "freedom park"
POLITICAL LAW REVIEWER Chapter XII. BP 880
CONSTITUTIONAL LAW II
establish the freedom parks within the period of
six months from the effectivity of this Act.
Salonga vs. Daniel Smith (February 2009): The rule on privileged communication had its
genesis not in the nations penal code but in the
Petitioners contend that these undertakings Bill of Rights of the Constitution guaranteeing 119
violate another provision of the Constitution, freedom of speech and of the press. As early as
CONSTITUTIONAL LAW II
namely, that providing for the exclusive power of 1918, in United States v. Caete,23 this Court
this Court to adopt rules of procedure for all ruled that publications which are privileged for
courts in the Philippines (Art. VIII, Sec. 5[5]). reasons of public policy are protected by the
They argue that to allow the transfer of custody constitutional guaranty of freedom of speech.24
of an accused to a foreign power is to provide
for a different rule of procedure for that accused, In the instant case, there is no denying that the
which also violates the equal protection clause questioned articles dealt with matters of public
of the Constitution (Art. III, Sec. 1.).The Court interest. These are matters about which the
finds no violation of the Constitution because public has the right to be informed, taking into
there is a substantial basis for a different account the very public character of the election
treatment of a member of a foreign military itself. For this reason, they attracted media
armed forces allowed to enter our territory and mileage and drew public attention not only to the
all other accused. election itself but to the candidates. As a political
candidate, petitioner consequently assumed the
The rule in international law is that a foreign status of a public figure.
armed forces allowed to enter ones territory is
immune from local jurisdiction, except to the But even assuming a person would not qualify
extent agreed upon. The Status of Forces as a public figure, it would not necessarily follow
Agreements involving foreign military units that he could not validly be the subject of a
around the world vary in terms and conditions, public comment. For he could; for instance, if
according to the situation of the parties involved, and when he would be involved in a public
and reflect their bargaining power. But the issue. If a matter is a subject of public or general
principle remains, i.e., the receiving State can interest, it cannot suddenly become less so
exercise jurisdiction over the forces of the merely because a private individual is involved
sending State only to the extent agreed upon by or because in some sense the individual did not
the parties.12 voluntarily choose to become involved. The
publics primary interest is in the event; the
As a result, the situation involved is not one in public focus is on the conduct of the participant
which the power of this Court to adopt rules of and the content, effect and significance of the
procedure is curtailed or violated, but rather one conduct, not the participants prior anonymity or
in which, as is normally encountered around the notoriety.
world, the laws (including rules of procedure) of
one State do not extend or applyexcept to the
extent agreed uponto subjects of another Pates vs. COMELEC (June 2009)
State due to the recognition of extraterritorial
immunity given to such bodies as visiting foreign Procedural rules should be treated with utmost
armed forces. respect and due regard since they are designed
to facilitate the adjudication of cases to remedy
the worsening problem of delay in the resolution
Soriano vs. Laguardia (29 April 2009): of rival claims and in the administration of
justice. The requirement is in pursuance to the
There is nothing in petitioners statements bill of rights inscribed in the Constitution which
subject of the complaints expressing any guarantees that "all persons shall have a right to
particular religious belief, nothing furthering his the speedy disposition of their before all judicial,
avowed evangelical mission. The fact that he quasi-judicial and administrative bodies," the
came out with his statements in a televised bible adjudicatory bodies and the parties to a case are
exposition program does not automatically thus enjoined to abide strictly by the rules. While
accord them the character of a religious it is true that a litigation is not a game of
discourse. Plain and simple insults directed at technicalities, it is equally true that every case
another person cannot be elevated to the status must be prosecuted in accordance with the
of religious speech. prescribed procedure to ensure an orderly and
speedy administration of justice. There have
POLITICAL LAW REVIEWER Chapter XIII. LATEST CASES
CONSTITUTIONAL LAW II
justifiable causes and circumstances.
Needless to say, all licenses may thus be
revoked or rescinded by executive action. It is
People vs. Lopez (26 September 2008): not a contract, property or a property right
protected by the due process clause of the
There are eight (8) instances when a Constitution because timber license is an
warrantless search and seizure is valid, to wit: instrument by which the State regulates the
utilization and disposition of forest resources to
(1) consented searches; (2) as an incident to a the end that public welfare is promoted. A timber
lawful arrest; (3) searches of vessels and aircraft license is not a contract within the purview of the
for violation of immigration, customs, and drug due process clause; it is only a license or a
laws; (4) searches of moving vehicles; (5) privilege, which can be validly withdrawn
searches of automobiles at borders or whenever dictated by public interest or public
constructive borders; (6) where the prohibited welfare as in this case.
articles are in "plain view;" (7) searches of
buildings and premises to enforce fire, sanitary, A license is merely a permit or privilege to do
and building regulations; and (8) "stop and frisk" what otherwise would be unlawful, and is not a
operations. contract between the authority, federal, state, or
municipal, granting it and the person to whom it
is granted; neither is it a property or a property
Quinto vs. Comelec (01 December 2009): right, nor does it create a vested right; nor is it
taxation. The granting of license does not create
The equal protection of the law clause in the irrevocable rights, neither is it property or
Constitution is not absolute, but is subject to property rights.
reasonable classification. If the groupings are
characterized by substantial distinctions that
make real differences, one class may be treated Sison vs. PNCC (04 December 2009):
and regulated differently from the other. (NOTE: Also involves Remedial Law)
The equal protection of the law clause is against Unquestionably, the Court has the power to
undue favor and individual or class privilege, as suspend procedural rules in the exercise of its
well as hostile discrimination or the oppression inherent power, as expressly recognized in the
of inequality. It is not intended to prohibit Constitution, to promulgate rules concerning
legislation which is limited either in the object to pleading, practice and procedure in all courts.
which it is directed or by territory within which it In proper cases, procedural rules may be
is to operate. It does not demand absolute relaxed or suspended in the interest of
equality among residents; it merely requires that substantial justice, which otherwise may be
all persons shall be treated alike, under like miscarried because of a rigid and formalistic
circumstances and conditions both as to adherence to such rules. x x x
privileges conferred and liabilities enforced. The
equal protection clause is not infringed by Be it remembered that rules of procedure are
legislation which applies only to those persons but mere tools designed to facilitate the
falling within a specified class, if it applies alike attainment of justice. Their strict and rigid
to all persons within such class, and reasonable application, which would result in technicalities
grounds exist for making a distinction between that tend to frustrate rather than promote
those who fall within such class and those who substantial justice, must always be avoided. x x
do not. x Time and again, this Court has suspended its
own rules and excepted a particular case from
their operation whenever the higher interests of
justice so require.
B. Rights of the Coastal State over the B. Hors de combat ............................ 159
Continental Shelf ...................................148 C. Protected Persons ........................ 159
C. Rights with Respect to Continental D. Martens clause ............................. 159
Shelf vs. EEZ.........................................148 E. Military Objective .......................... 159
V. Settlement of Disputes ......................149 F. Belligerency Status ....................... 159
A. Peaceful Settlement of Disputes ..149 VII. IHL and Weapons of Mass
B. Compulsory Settlement of Disputes Destruction................................................. 160
149 VIII. IHL and Non-International Armed
C. Jurisdiction of Court or Tribunal....149 Conflict 160 123
D. Composition of the International A. Common Article 3 and Protocol II. 160
D. Coordinationist View
b. Governments de facto & de jure The practice of states has been to ignore
A government de jureis a government so far as the issue of statehood is
from law, that is, one with a color of concernedvarious forms of political and
legitimacy. emotional blackmail and interference
directed against the weaker members of the
A government de facto is one that community."
governs without a mandate of law. So
long as it is in place, it may command Thus, it is sufficient for a State to possess
obedience from the inhabitants of the external appearanceof capacity to enter into
occupied area. international relations (BROWNLIE).
127
Norms of dual character come into being 2. Procedural Rules the use of
through any of the following ways: circumstantial evidence, hearsay evidence
a. A treaty provision may simply restate a (press reports).
customary norm (as is true of many of the Press reports can be used to corroborate
provisions in the VCLOT; the existence of a fact; and, when they
b. A treaty provision may constitute evidence demonstrate matters of public knowledge
of custom;
which have received extensive press
c. A treaty provision may crystallize into a coverage, they can be used to prove a fact
customary norm. to the satisfaction of the court(Nicaragua vs.
For a treaty provision to crystallize into US Case, 62-63).
custom, the provision must be norm-
Circumstantial evidence is admitted as
creating. The treaty must be law-making,
indirect evidence in all systems of law and
creating legal obligations which are not
its use is recognized by international
dissolved by their fulfilment.
decisions. Such circumstantial evidence,
The number of parties, the explicit
however, must consist of a series of facts or
acceptance of rules of law, and, in some
events that lead to a single
cases, the declaratory nature of the
conclusion.(Corfu Channel Case)
provisions produce a strong law-creating
effect at least as great as the general 3. Substantive duty to make reparations,
practice considered sufficient to support a principle of reciprocity, pacta sunt servanda,
customary rule (BROWNLIE). separate corporate personality (Barcelona
The customary norm retains a separate Traction Case).
identity even if its content is identical with
that of a treaty norm. Thus, a state that Every breach of an engagement
cannot hold a state responsibility for a (international obligation) entails the
breach of a treaty obligation can still hold the obligation to make reparation. The amount
erring state responsible for the breach of the of reparation required is that amount which
identical customary norm (See Nicaragua is necessary to bring the injured party
vs. US Case). back to the situation had the wrong not
occurred [The Standard of Full
Reparations] (Chorzow Factory Case).
C. General Principle of Law
4. Jurisdictional Principles The power of a
Refer to those general principles in municipal tribunal to determine the extent of its own
law (particularly those of private law) that may jurisdiction (competence de la competence).
be appropriated to apply to the relations of
Note: International tribunals have not been
states (OPPENHEIM).
consistent in their manner of determining
Unlike custom, it does not require to be whether a principle in municipal law
supported by state practice that is consistent constitutes a general principle. In some
and virtually uniform; it being sufficient that such instances they have examined different legal
principle is found in a number of legal systems; in others, they merely declared a
jurisdictions (ROQUE). principle in municipal law as constituting a
general principle of international law.
POLITICAL LAW REVIEWER Chapter III. The NORMS of INTERNATIONAL LAW
reasonable time
v. Treatys duration is indefinite
vi. Doctrine cannot operate retroactively (it
must not adversely affect provisions
which have already been complied with
prior to the vital change)
10. Outbreak of war between the parties, unless
the treaty relates to the conduct of war (ex.
The Four Geneva Conventions).
136
Whether an act is international wrongful or not The Relativist view holds that circumstances
depends upon international law, and its affecting a States ability to perform its duties
wrongfulness is not affected by a contrary would be relevant in determining the degree of
characterization in domestic law. diligence that must characterize its performance
of its obligations. Thus, a State breaches its
Requisites to Engage the Responsibility of a obligation only if:
State
A binding obligation and a failure to fulfill i. It is aware of its obligation;
that obligation (breach) ii. It had the means to fulfill them;
The act or omission is attributable to the she iii. Yet it failed to do so (Tehran Hostages
state Case).
The Objective view holds that the States ability
to fulfill is irrelevant.
I. Breach
A. Is Fault or Malice Necessary?
II. Attribution
The issue of whether the failure to fulfill a A State becomes liable for the acts of
binding obligation must be coupled with fault individuals,
or malice is a contested area in international (1) when they are State organs or agent acting
law. under color of authority.
Those who subscribe to the Doctrine or (2) If they are not officers, the State is
Objective (or Strict) Liability hold that fault nonetheless liable when the state adopts
or malice is unnecessary to engage the the acts of individuals or
responsibility of the state, it being sufficient (3) when it is negligent in preventing or in
that there is a causal connection between punishing the acts.
the act done and the injury suffered (or EXAMPLE: When a State is bound by a duty to
how remote the injury suffered is from the prosecute, or has an international obligation to
act perpetrated). exert efforts to prevent certain acts, and the
State maliciously or negligently fails to do so.
POLITICAL LAW REVIEWER Chapter V. INTERNATIONAL RESPONSIBILITY
to a natural or legal person that is a national nationality by 2 states, the case now goes
of the former State into the realm of international law.
with a view to the enforcement of such
responsibility (Sec.1, Draft Articles on The test for the nationality of a person is the
Diplomatic Protection). most significant link. In this case,
Nottebohm failed to satisfy the test. Even
The State entitled to exercise diplomatic though he was a national of Liechtenstein,
protection is the State of Nationality Guatemala was not bound to recognize such
(Sec.3(1), DADP). citizenship because he merely had a
citizenship of convenience (not a
140
1. A natural persons State of nationality
Chapter VII. The Law of the Sea Its purpose is to determine the starting point to
begin measuring maritime zones.boundary of
I. CONCEPTS the coastal state.(See Appendix 1)
A. DISTINGUISHED FROM M MARITIME OR
ADMIRALTY LAW: 1. Normal baseline the territorial sea is the
B. BASELINE low-water
water line along the coast as marked on
II. WATERS large-scale
scale charts officially recognized by
A. INTERNAL WATERS the coastal state (Art. 5, UN Convention on
B. TERRITORIAL WATERS the Law of the Sea, or UNCLOS). 143
C. CONTIGUOUS ZONE
I. Concepts
B. Baseline
Thee line from which a breadth of the territorial
sea and other maritime zones, such as the
contiguous zone and the exclusive economic
zone is measured.
POLITICAL LAW REVIEWER Chapter VII. The LAW of the SEA
non-living resources in the waters of the Conflicts regarding the attribution of rights and
seabed and its subsoil. jurisdiction in the EEZ must be resolved on the
basis of
2. Coastal states have the primary equity and in the light of all relevant
responsibility to utilize, manage and circumstances,
conserve the living resources within their taking into account the respective
EEZ, i.e. ensuring that living resources are importance of the interests involved to the
not endangered by overexploitation, and the parties as well as to the international
duty to promote optimum utilization of living
resources by determining allowable catch.
community as a whole. (Art. 59, UNCLOS). 145
147
148
*
as established under the UNCLOS.
POLITICAL LAW REVIEWER Chapter VIII. The USE of FORCE in INTERNATIONAL LAW
a. Self-Defense
Chapter VIII. The Use of Force in (Asked 2 times in the Bar)
International Law
Nothing in the present Charter shall
I. JUS AD BELLUM v JUS IN BELLO impair the inherent right of individual or
II. RULES ON THE USE OF FORCE collective self-defence if an armed
A. GENERAL RULE attack occurs against a Member of the
B. EXCEPTIONS United Nations, until the Security
1. EXCEPTIONS UNDER THE CHARTER Council has taken measures necessary
a. SELF-DEFENSE to maintain international peace and
150
b. AUTHORIZED ENFORCEMENT
One important aim, among many others, These declarations constitute either an
is to provide a legal and ethical basis for authoritative interpretation of the Charter, being
humanitarian intervention. the subsequent practice of the parties, or an
irregular amendment of the Charter's provisions
b. Humanitarian Intervention through the creation of new norms of customary
law (Art.31(3), VCLOT; Case concerning the
The forcible intervention by external Interpretation of the Air Transport Agreement
actors (ex. the international community Between the United States and Italy)
through the UN) into a state that is 151
unwilling or unable to prevent or rectify
available
Chapter IX. International Human Rights resources
Law Derogation/ may only be may be restricted
Restriction, derogated in a for the general
I. DEFINITION OF HUMAN RIGHTS when public welfare, with or
II. CLASSIFICATION OF HUMAN RIGHTS allowed emergency without an
III. INTERNATIONALIZATION OF HUMAN emergency that
RIGHTS threatens the
IV. SOURCES OF HUMAN RIGHTS independence or
A. CONVENTION security of a State 152
B. CUSTOM Party.
the violation has been committed by persons VI. Specific Norms in Human Rights
action in an official capacity.
A. Genocide
4. State Parties must ensure that any person
claiming such remedy shall have his right (Asked 1 time in the Bar)
thereto determined by competent Under international law, genocide refers to
judicial, administrative or legislative any of the following acts (actus reus), when
authority, and that they shall enforce the such acts are committed with intent to
remedy when granted. destroy, in whole or in part, a national, 154
ethnical, racial or religious group, as such
E. Refugee Law
Note: the Convention requires that the refugee
A refugee is a person who, conform to the laws and regulations, as well as
owing to a well founded fear of being measures taken for the maintenance of public
persecuted order, of the country of refuge.
for reasons of race, religion, nationality,
membership in a particular social group
or political opinion,
is outside the country of his nationality
156
and is unable or owing to such fear, is
the insurgents are in de facto control of those placed hors de combat, shall in all
a portion of the territory and population, instances be treated humanely without
have a political organization, any adverse distinction founded on race,
are able to maintain such control, and color, religion or faith, sex, birth or
conduct themselves according to the wealth, or any other similar criteria.
laws of war (Asked 1 time in the Bar). 2. With respect to the persons mentioned
above, the following acts shall remain
prohibited:
VII. IHL and Weapons of Mass i. Violence to life and person, in 160
Destruction particular, murder of all kinds,
Its rules, however, may still develop into b. Belligerents are forbidden to move troops or
customary norms binding on all states, by the munitions of war and supplies across the
general practice of states coupled with their territory of a neutral Power;
acceptance of them as law (opinio juris). c. A neutral power is forbidden to allow
belligerents to use its territory for moving
B. Control-of-Territory troops, establishing communication facilities,
or forming corps of combatants.
The test of whether a dissident armed force d. Troops of belligerent armies received by a
has control of territory is when such armed neutral Power in its territory shall be interned 161
force can (1) carry out sustained and by away from the theatre of war;
national societies. It entered into force on 14 A. Crimes within the Courts Jurisdiction
January 2007, six months after the second
ratification. (Art.5, ICC Statute)
The jurisdiction of the Court shall be limited to
A. Who May Use the most serious crimes of concern to the
international community as a whole. The Court
During armed conflict, the emblem may be used
has jurisdiction in accordance with this Statute
as a protective device by:
with respect to the following crimes:
1. Medical services of armed forces; 162
2. National Red Cross, Red Crescent or Red 1. Genocide (Art.6, ICC Statute)
Note: The ICC Statute entered into force in legal systems of the world including, as
2002. The Review Conference is scheduled appropriate, the national laws of States that
to be convened this year (2009). would normally exercise jurisdiction over the
crime, provided that those principles are not
inconsistent with this Statute and with
B. Modes of Incurring Criminal Liability international law and internationally
1. Individual Criminal Responsibility recognized norms and standards.
(Direct)(Art.25, ICC Statute)
A person shall be criminally responsible and D. Other Key Concepts 163
liable for punishment for a crime within the
It is composed of:
Chapter XI. Diplomatic Intercourse 1. Head of Mission classified into: (a)
Ambassadors or nuncios accredited to
I. AGENTS OF DIPLOMATIC INTERCOURSE Heads of State, and other heads of mission
A. HEAD OF STATE of equivalent rank; (b) Envoys, Ministers and
B. THE FOREIGN OFFICE Internuncios accredited to Heads of State;
C. THE DIPLOMATIC CORPS
II. FUNCTIONS AND DUTIES
(c) Charges daffaires accredited to
III. DIPLOMATIC IMMUNITIES AND PRIVILEGES Ministers of Foreign Affairs.
A. PERSONAL INVIOLABILITY 2. Diplomatic Staff those engaged in 165
B. INVIOLABILITY OF PREMISES AND diplomatic activities and are accorded
violence which makes it necessary to put His properties are not subject to
him under restraint for the purpose of garnishment, seizure for debt, execution and
preventing similar acts. the like.
The diplomatic agent also cannot be
B. Inviolability of Premises and Archives compelled to testify, not even by
The premises occupied by a diplomatic deposition, before any judicial or
mission, including the private residence of administrative tribunal in the receiving State
the diplomatic agent, are inviolable. without the consent of his government.
166
Such premises cannot be entered or
E. Exemption from Taxes and Customs
B. Necessary Documents
The following documents are necessary for
the assumption of Consular functions:
1. Letters Patent(letter de provision)
the 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 the authorization given to
the consul by the sovereign of the
receiving State, allowing him to exercise
his function within the territory.
I. DANIEL SMITH AND THE VFA Dean Merlin Magallona argues that the Bayan
II. CONSTITUTIONALITY OF THE BASELINES Court should have treated the issue as a
LAW domestic case because it is a constitutional
III. VIOLENCE AGAINST WOMEN AS TORTURE attack against the VFA, not a case in
international law.
168
I. Daniel Smith and the Visiting Forces The petitioners in the recent case of Nicolas v.
Notably, the Court in Bayan said that it is Art. XVIII, sec. 25 of the Philippine Constitution,
inconsequential whether the United States treats he says, bars the efficacy of such a treaty that
the VFA only as an executive agreement is enforceable as domestic law only in the
because, under international law, an executive
POLITICAL LAW REVIEWER Chapter XII. RECENT INTERNATIONAL LAW ISSUES
Philippines but unenforceable as domestic law in Other provisions of the Constitution that are said
the other contracting State. to be violated are:
1. Art. II, sec. 7 on the pursuit of independent
II. The Constitutionality of the Baselines foreign policy;
Law 2. Art. II. Sec. 8 on the policy of freedom from
nuclear weapons in Philippine territory
Republic Act 9522 was enacted to comply with since foreign ships of all kinds to navigate in
the deadline set by the United Nations Philippine waters including nuclear-powered 169
Convention of the Law of the Sea (UNCLOS) for submarines, nuclear-powered warships and
171
ADMINISTRATIVE LAW
Table of Contents
ADMINISTRATIVE LAW
Chapter II. Powers of Administrative
Agencies .......................................................176
A. Quasi-Legislative (Rule-making) Powers
176
1. Definition .......................................176
2. Non-delegation doctrine................176
3. Legislative Delegation...................176
B. Quasi-Judicial (Adjudicatory) Powers178
C. Determinative Powers .......................183
ADMINISTRATIVE LAW
Prof. Rodolfo Noel Quimbo A. DEFINITIONS
Faculty Editor B. HISTORICAL CONSIDERATIONS
C. MODES OF CREATION OF ADMINISTRATIVE
Diana Lutgarda Bonilla
AGENCIES
Lead Writer
D. WHEN IS AN AGENCY ADMINISTRATIVE?
POLITICAL LAW E. TYPES OF ADMINISTRATIVE AGENCIES
Jennifer Go
Subject Editor
A. Definitions
ACADEMICS COMMITTEE
1. Administrative Law is that branch of
Kristine Bongcaron
modern law under which the executive 174
Michelle Dy
department of the government, acting in
ADMINISTRATIVE LAW
Patrich Leccio
Editors-in-Chief a quasi-legislative or quasi-judicial
capacity, interferes with the conduct of
PRINTING & DISTRIBUTION the individual for the purpose of promoting
Kae Guerrero the well-being of the community (DEAN
ROSCOE POUND)
DESIGN & LAYOUT
Pat Hernandez 2. Administrative Agencies are the organs of
Viktor Fontanilla government, other than a court and other
Rusell Aragones than the legislature, which affect the rights of
Romualdo Menzon Jr. private parties either through adjudication or
Rania Joya
through rule-making.
LECTURES COMMITTEE
Michelle Arias
Camille Maranan B. Historical Considerations
Angela Sandalo
Heads 1. Why did administrative agencies come
Katz Manzano Mary Rose Beley about?
Sam Nuez Krizel Malabanan Growing complexities of modern life
Arianne Cerezo Marcrese Banaag Multiplication of number of subjects
Volunteers needing government regulation; and
Increased difficulty of administering laws
MOCK BAR COMMITTEE
[Pangasinan Transportation vs Public
Lilibeth Perez Service Commission (1940)]
BAR CANDIDATES WELFARE
2. Why are administrative agencies needed?
Dahlia Salamat Because the government lacks:
Time
LOGISTICS Expertise and
Charisse Mendoza Organizational aptitude for effective and
continuing regulation of new
SECRETARIAT COMMITTEE developments in society (STONE)
Jill Hernandez
Head
Loraine Mendoza Faye Celso C. Modes of Creation of Administrative
Mary Mendoza Joie Bajo Agencies
Members
1. 1987 Constitution
(e.g. CSC, COMELEC, COA, CHR, Commission
on Appointments, Judicial and Bar Council and
NEDA)
2. Legislative Enactment
(e.g. NLRC, SEC, PRC, Social Security
Commission, Commission on Immigration and
Deportation, Philippine Patent Office, Games and
POLITICAL LAW REVIEWER Chapter I. PRELIMINARY CONSIDERATIONS
ADMINISTRATIVE LAW
2. 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.
ADMINISTRATIVE LAW
d. PERMISSIBLE DELEGATION which the legislative command is to be
B. QUASI-JUDICIAL (ADJUDICATORY) POWERS effected. [Santiago v COMELEC (1997);
1. DEFINITION ABAKADA Guro List vs Ermita (2005)]
2. SOURCE
3. REQUISITES FOR VALID EXERCISE
4. GENERAL RULE
c. Form of the sufficient standard:
5. WHAT QUASI-JUDICIAL POWERS i. Express
INCLUDE ii. Implied [Edu vs Ericta (1970)]
6. INVESTIGATIVE POWERS iii. Embodied in other statutes on the same
7. SUBPOENA POWERS matter and not necessarily in the same
8. POWER TO CITE IN CONTEMPT law being challenged. [Chiongbian vs
9. WARRANTS OF ARREST Orbos (1995)]
10. ADMINISTRATIVE SEARCHES
11. DUE PROCESS
d. Permissible Delegation
12. NOTICE AND HEARING
13. ADMINISTRATIVE AND JUDICIAL i. Ascertainment of Fact
PROCEEDINGS ARISING FROM THE ii. Filling in of Details
SAME FACTS iii. Fixing of Rates, Wages, Prices
14. RULES OF EVIDENCE iv. Licensing Function, and
C. DETERMINATIVE POWERS v. Administrative Rule-Making
The powers of administrative agencies are: i. Ascertainment of Fact. A statute may
Quasi-legislative (Rule-making) give to non-judicial officers:
Quasi-judicial (Adjudicatory) and the power to declare the existence
Determinative of facts which call into operation the
statutes provisions and
may grant them and their
A. Quasi-Legislative (Rule-making) subordinate officers the power to
Powers ascertain and determine appropriate
(Asked 5 times in the Bar) facts as a basis of procedure in the
enforcement of laws.
1. Definition Such functions are merely incidental
to the exercise of power granted by
The authority delegated by the law-making body law to clear navigable streams of
to the administrative agency to adopt rules and unauthorized obstructions. They can
regulations intended to carry out the provisions be conferred upon executive
of a law and implement legislative policy. officials provided the party affected
is given the opportunity to be heard.
[Lovina vs. Moreno(1963)]
2. Non-delegation doctrine
ii. Filling in of details
Potestas delegata non delegare potest. What For necessity and as a means of
has been delegated cannot be delegated. enforcement and execution [Alegre
vs Collector of Customs (1920)]
3. Legislative Delegation iii. Fixing of rates, wages, prices
a. Requisites for a valid delegation Sec. 2(3), 1987 Administrative Code.
Rate means any charge to the public for a
POLITICAL LAW REVIEWER Chapter II. POWERS of ADMINISTRATIVE AGENCIES
service open to all and upon the same determined by the agency.
terms, including individual or joint rates, tolls,
classification or schedules thereof, as well Sec. 2(10), 1987 Administrative Code.
as communication, mileage, kilometrage and License includes the whole or any part of
other special rates which shall be imposed any agency permit, certificate, passport,
by law of regulation to be observed and clearance, approval, registration, charter,
followed by any person. membership, statutory exemption or other
form of permission, or regulation of the
Sec. 9, 1987 Administrative Code. Public exercise of a right or privilege.
Participation.
(2) In the fixing of rates, no rule or final order Sec. 2(11), 1987 Administrative Code.
shall be valid unless the proposed rates Licensing includes agency process
shall have been published in a newspaper of involving the grant, renewal, denial,
general circulation at least 2 weeks before revocation, suspension, annulment, 177
the first hearing thereon. withdrawal, limitation, amendment,
ADMINISTRATIVE LAW
modification or conditioning or a license.
Generally, the power to fix rates is a
quasi-legislative function. However, When are notice and hearing
it becomes judicial when the rate required in licensing? Only if it is a
is applicable only to an contested case. Otherwise, it can
individual. be dispensed with.(e.g. drivers
Can the power to fix rates be licenses).
delegated to a common carrier or No expiry date does not mean the
other public service? NO. The latter license is perpetual. A license
may propose new rates, but these permit is a special privilege, a
will not be effective without the permission or authority to do what is
approval of the administrative within its terms. It is always
agency. [KMU vs Garcia (1994)] revocable. [Gonzalo Sy Trading vs
What are considered in the fixing of Central bank (1976)]
rates? (1) the present valuation of
v. Administrative Rule-making
all the property of a public utility,
o Types of Administrative Rules:
and (2) the fixed assets. The
property is deemed taken and a. Supplementary legislation
condemned by the public at the time b. Interpretative legislation
of filing the petition, and the rate c. Contingent legislation
should go up and down with the
a. Supplementary legislation
physical valuation of the property.
Pertains to rules and regulations to fix
[Ynchausti vs Public Utility
details in the execution of a policy in the
Commissioner (1922)]
law. e.g. IRRs of the Labor Code.
iv. Licensing Function
b. Interpretative legislation
Sec. 17, 1987 Administrative Code. Pertains to rules and regulations
Licensing Procedure. (1) When the grant, construing or interpreting the provisions
renewal, denial or cancellation of a license is of a statute to be enforced and they are
required to be preceded by notice and
binding on all concerned until they are
hearing, the provisions concerning contested
cases shall apply insofar as practicable. changed, i.e. BIR Circulars.
ADMINISTRATIVE LAW
issued by administrative
notified and heard
before the issuance of
superior to subordinates
the ruling. Effectivity: 15 days after publication,
not 15 days from date of filing with
o Restrictions on interpretative the UP Law Center.
regulations: (a) does not change the EXCEPTIONS:
character of a ministerial duty, (b) Different date is fixed by law or
does not involve unlawful use of specified in the rule.
legislative or judicial power. In case of imminent danger to
o Administrative interpretations: may public health, safety and
eliminate construction and welfare.
uncertainty in doubtful cases.
When laws are susceptible of two or o Penal Rules
more interpretations, the Sec. 6, 1987 Administrative Code.
administrative agency should make Omission of Some Rules. (2) Every
known its official position. rule establishing an offense or defining
o Administrative construction/ an act which, pursuant to law is
interpretation not controlling as to punishable as a crime or subject to a
the proper construction of a statute, penalty shall in all cases be published in
but generally it is given great weight, full text.
has a very persuasive influence
a) The law itself must declare the
and may actually be regarded by the
act as punishable and must
courts as the controlling factor.
also define or fix the penalty
o Administrative interpretation is
for the violation.
merely advisory; Courts finally
b) Can administrative bodies make
determine what the law means.
penal rules? NO. Penal statutes
c. Contingent legislation are exclusive to the legislature
Pertains to rules and regulations made and cannot be delegated.
by an administrative authority on the Administrative rules and
existence of certain facts or things upon regulations must not include,
which the enforcement of the law prohibit or punish acts which the
depends. law does not even define as a
criminal act. [People vs Maceren
o Requisites of a valid administrative (1977)]
rule (WRAP) c) If a rule is penal, it must be
Authorized by law published before it takes effect.
Within the scope or authority of [People vs Que Po Lay (1954)]
law
Reasonableness
promulgated in accordance with
prescribed Procedure
B. Quasi-Judicial (Adjudicatory) Powers
(Asked 4 times in the Bar)
o Publication Rules
Administrative rules and 1. Definition. The power of the administrative
regulations are subject to the agency to determine questions of fact to
publication and effectivity rules which the legislative policy is to apply, in
POLITICAL LAW REVIEWER Chapter II. POWERS of ADMINISTRATIVE AGENCIES
ADMINISTRATIVE LAW
Proceedings Inquisitorial Adversarial
Rules of Liberally applied Follow Test for valid enforcement of subpoena:
Procedure technical [Evangelista vs Jarencio (1975)]
rules in the (a) Within the authority of the agency.
Rules of (b) Demand not too indefinite.
Court (c) Information reasonably relevant.
Nature and Decision limited to Decision
Extent of matters of general includes 8. Power to cite in contempt. This power must
Decision concern matters be expressly granted in the charter (ex. PD
brought as 902-A creating the SEC).
issue by the
If there is no grant, the agency must go
parties
Parties
to the RTC. Why? Because the power to
The agency itself The parties
may be a party to are only the cite in contempt is inherently judicial.
the proceedings private Contempt power can be used for quasi-
before it litigants judicial functions (but NOT ministerial
ones) [Guevarra vs COMELEC (1958)]
3. Requisites for a Valid Exercise:
a. Jurisdiction 9. Warrants of arrest. Administrative agencies
b. Due process cannot issue warrants of arrest. Only a
judge may issue warrants. [Salazar v
4. General Rule: A tribunal, board or officer Achacoso (1990)]
exercising judicial functions acts without
jurisdiction if no authority has been EXCEPTION: Deportation of illegal and
conferred to it by law to hear and decide undesirable aliens following a final order of
cases. deportation. [Qua Chee Gan v Deportation
a. Jurisdiction to hear is explicitly or by Board (1963)]
necessary implication, conferred
Two ways of deporting:
through the terms of the enabling
i. Commissioner of Immigration (Sec
statute.
37 of CA 618)
b. Effect of administrative acts outside
ii. President after due investigation
jurisdictionVOID.
(Sec 69 of Administrative Code)
5. Quasi-judicial powers include: (SF-SWIP) Can the Commissioner issue warrants
a. Investigative of arrest?
b. Subpoenas
c. Power to Cite in Contempt Issuance of the warrants of arrest by the
d. Warrants of Arrest (only upon final order Commissioner, solely for the purpose of
of deportation) investigation and before a final order of
e. Administrative Searches deportation is issued, conflicts with
f. Imposition of Fines and penalties paragraph 3, Sec. 1, Art. III of the 1935
Constitution, which states that the power
6. Investigative powers. Administrative to determine probable cause for
agencies power to conduct investigations warrants of arrest is limited to judges.
and hearings, and make findings and Warrants of arrest issued solely for the
recommendations thereon is inherent in purpose of investigation and before a
their functions as administrative agencies final order of deportation is issued are
therefore null and void. Notice and
POLITICAL LAW REVIEWER Chapter II. POWERS of ADMINISTRATIVE AGENCIES
bonds are sufficient to ensure that the undesirable aliens, whom the President
subject will appear at the hearing or the Commissioner may order
without prejudice to more drastic arrested, following a final order of
measures in case of recalcitrant deportation, for the purpose of the
respondents. [Vivo v Montesa (1968)] same.
The cases of Harvey and Lucien Tran Harvey or Qua Chee Gan? Qua Chee
Van Nghia, however, diverge from the Gan prevails. It is supported by more
Qua Chee Gan ruling. recent cases. Note also that Salazar
was decided en banc, while Harvey was
Harvey v Defensor-Santiago (1988]. decided by a division.
The Commissioner can arrest aliens
upon a warrant issued by him and 10. Administrative Searches. Warrantless non- 180
deported upon warrant issued by the emergency inspection of residential and
ADMINISTRATIVE LAW
same after a determination of the commercial premises are significant
existence of a ground for deportation by intrusions upon the interests protected by
th
the Board of Commissioners. the 4 Amendment.
Deportation proceedings are
administrative in nature, not penal, but It is surely anomalous to say that the
merely preventive. Thus, it need not be individual and his private property are
conducted strictly in accordance with fully protected by the constitution only
ordinary court proceedings. The when he is suspected of criminal
requirement of probable cause, behavior. Warrants should normally be
determined by a judge, does not extend sought only after entry is refused unless
to deportation proceedings. What is there is a citizen complaint or other
essential however is that (1) there be a satisfactory reason for securing
specific charge against the alien, (2) immediate entry.
th
there be a fair hearing conducted, and There is no justification for relaxing 4
(3) the charge be substantiated by Amendment safeguards for commercial
competent evidence establishments. Warrants are a
necessary and tolerable limitation on the
Lucien Tran Van Nghia v Liwag right to enter upon and inspect places of
(1989). business. [Camara vs Municipal Court
In this case, the arrest and detention by (1967)]
the CID preparatory to the deportation
proceedings was illegal. Here, the Limitations on administrative subpoenas of
particular circumstances place doubt on corporate books and documents are:
the propriety of the arrest. The Mission i. Limited in scope.
Order was issued on the basis of sworn ii. Relevant in purpose.
complaints of a single individual. The iii. Specific directives so compliance will
essential requisite of probable cause is not be unreasonably burdensome.
absent (Implication: the Commissioner iv. Subpoena must designate the needed
may issue warrants of arrest upon documents.
finding of probable cause). v. Subpoena may not be made and
enforced in the field.
The Qua Chee Gan ruling is reinforced vi. Subpoenaed party may obtain judicial
by a case more recent than the Harvey review of reasonableness of demand
and Lucien cases. prior to suffering penalties for refusal to
Salazar v Achacoso (1990) comply.
Art. 38 of the Labor Code allowing the vii. The particular agencys demand for
Secretary of Labor the power to issue access will be measured against a
warrants of arrest is unconstitutional. flexible standard of reasonableness that
Only a judge may issue search or takes into account the public need for
arrest warrants. The SC reaffirms the effective enforcement of regulations.
following principles: (1) Under Sec.2, [See vs Seattle (1967)]
Art. III of the Constitution, only judges
may issue search warrants and warrants
of arrest; and (2) the exception is in
cases of deportation of illegal and
POLITICAL LAW REVIEWER Chapter II. POWERS of ADMINISTRATIVE AGENCIES
[Nos. 11-14 cover Administrative Procedure Is a trial necessary? NO. WON to hold
(Asked 9 times in the Bar)] an adversarial trial is discretionary.
Parties cannot demand it as a matter of
11. Due Process. right. [Vinta Maritime v NLRC (1978)].
Ang Tibay v CIR (1950) lays down the
cardinal primary rights: The right of a party to confront and
i. Right to a hearing (Includes the right cross-examine opposing witness is a
of a party to present his own case fundamental right which is part of due
and submit evidence in support process. If without his fault, this right is
thereof) violated, he is entitled to have the direct
ii. The tribunal must consider the examination stricken off the record.
evidence presented [Bachrach Motors vs CIR (1978)]
iii. Decision must be supported by 181
evidence. Evidence on record must be fully
ADMINISTRATIVE LAW
iv. Evidence must be substantial. disclosed to the parties. [American Inter-
Substantial Evidence: such Fashion vs Office of the President
relevant evidence as a reasonable (1991)] BUT respondents in
mind might accept as adequate to administrative cases are not entitled to
support a conclusion, even if other be informed of findings of investigative
minds equally reasonable would committees but only of the decision of
opine otherwise the administrative body. [Pefianco v
v. Decision must be rendered on the Moral (2000)]
evidence presented at the hearing Due process is violated when:
or at least contained in the record i. There is failure to sufficiently explain
and disclosed to the parties affected the reason for the decision
vi. Independent consideration of judge rendered; or
(Must not simply accept the views of ii. If not supported by substantial
a subordinate) evidence;
vii. Decision rendered in such a manner iii. And imputation of a violation and
as to let the parties know the imposition of a fine despite absence
various issues involved and the of due notice and hearing. [Globe
reasons for the decision rendered. Telecom v NTC (2004)].
Due process does not always entail Self-incrimination. The right against self-
notice and hearing prior to the incrimination may be invoked by the
deprivation of a right. Hearing may respondent at the time he is called by the
occur after deprivation, as in emergency complainant as a witness. However, if he
cases, in which case, there must be a voluntarily takes the witness stand, he can
chance to seek reconsideration. [UP be cross examined; but he may still invoke
Board of Regents vs CA (1999)] the right when the question calls for an
Presence of a party at a trial is not answer which incriminates him for an
always the essence of due process. All offense other than that charged. [People vs
that the law requires is the element of Ayson (1989)]
fairness; that the parties be given
notice of trial and 12. Notice and Hearing.
i. an opportunity to be heard When required:
ii. in administrative proceedings, an i. When the law specifically requires it.
opportunity to seek reconsideration ii. When it affects a persons status
iii. an opportunity to explain ones side and liberty.
When not required:
The law, in prescribing a process of i. Urgent reasons.
appeal to a higher level, contemplates ii. Discretion is exercised by an officer
that the reviewing officer is a person vested with it upon an undisputed
different from the one who issued the fact.
appealed decision. Otherwise, the iii. If it involves the exercise of
review becomes a farce; it is rendered discretion and there is no grave
meaningless. [Rivera vs CSC (1995)] abuse.
POLITICAL LAW REVIEWER Chapter II. POWERS of ADMINISTRATIVE AGENCIES
iv. When rules to govern future conduct administrative agencies to act with
of persons or enterprises, unless speed and flexibility.
law provides otherwise.
v. In the valid exercise of police power. The Pervasive Principle applies in at least
three areas:
13. Administrative and judicial proceedings i. Admissibility: Generally, agencies are
arising from the same facts. not bound by the technical rules of
The practice in the Philippines has been admissibility.
to allow an administrative proceeding ii. Judicial Notice: Administrative bodies
and a judicial proceeding to take place may take into account not only such
at the same time so long as the 2 evidence as may be presented by the
actions are independent of each other. parties in the determination of the case.
They may also make their inquiry into 182
facts at issue, and take judicial notice of
ADMINISTRATIVE LAW
The difference in the proceeding (one
administrative, the other criminal) is not certain other matters.
legal incompatibility, but merely physical iii. Quantum of Evidence: Only substantial
incompatibility. They involve different evidence is required to support a
causes of action and therefore can decision.
proceed simultaneously. [Galang vs CA Ocular inspection is not equivalent to a
(1961)] trial or presentation of evidence, as it is
Material matters in an administrative only an auxiliary remedy. Parties are
case are not necessarily relevant in the still entitled to a hearing. But if the issue
criminal case. Findings in criminal cases can be resolved through ocular
cannot be conclusive for administrative inspection, there is no prohibition. [Phil.
purposes. There are defenses, excuses, Movie Pictures Workers Association vs
and attenuating circumstances of value Premiere Productions (1953)]
in administrative proceedings that are Can the order of testimony be changed?
not admissible in criminal cases which YES, it is within the discretion of the
can have a blunting effect on the court. Such a relaxed procedure is
conviction. Due process should be especially true in administrative bodies.
upheld. Conviction does not ex proprio In the broad interest of justice, the
vigore justify automatic suspension. administrative body may except itself
[Villanos vs Subido (1971)] from technical rules and apply such
Acquittal in the criminal case does not suitable procedure as shall promote the
carry with it relief from administrative objectives. [Maceda v ERB (1991)]
liability. Different standards apply. The When are findings of fact of
administrative case requires only a administrative agencies not conclusive
preponderance of evidence to establish upon the courts?
administrative guilt; the criminal case
requires proof beyond reasonable doubt
of the criminal charge. [Police i. When the decision was rendered
Commission vs Lood (1980)] by an almost evenly divided court
There can be a conviction in a criminal and the division was precisely on
case and an acquittal in the the facts as borne out by the
administrative case. [Villanos vs Subido evidence. [Gonzales vs Victory
(supra)] Labor Union (1969)]
14. Rules of Evidence. Generally, apply the ii. When the decision was rendered in
specific rules of the administrative agency. consequence of fraud, imposition
In the absence thereof, apply the general or mistake, other than error of
rules on procedure. judgment in estimating the value or
effect of the evidence. [Ortua vs
However, administrative agencies are Singson (1934)]
not bound by the technical rules of
evidence of ordinary courts, so long as
due process is observed. (the iii. When the decision is not
Pervasive Principle) Why? To allow supported by substantial
POLITICAL LAW REVIEWER Chapter II. POWERS of ADMINISTRATIVE AGENCIES
ADMINISTRATIVE LAW
misapprehended or grossly misapplied.
[Universal Camera vs NLRC (1951)]
C. Determinative Powers
ADMINISTRATIVE LAW
DECISIONS
7. AVAILABILITY OF JUDICIAL REVIEW However, Art. 8 Sec. 1 par. 2 of the 1987
B. FOUR IMPORTANT DOCTRINES IN JUDICIAL Constitution, which provides that the judicial
REVIEW power includes the power of the courts of
1. PRIMARY JURISDICTION
justice to determine WON there has been a
2. EXHAUSTION OF ADMINISTRATIVE
REMEDIES grave abuse of discretion amounting to lack
3. QUALIFIED POLITICAL AGENCY or excess of jurisdiction on the part of any
4. RIPENESS government agency or instrumentality,
C. EXTENT OF JUDICIAL REVIEW clearly means that judicial review of
1. GENERAL RULE administrative decisions cannot be
2. GENERAL PRINCIPLES denied the courts when there is an
3. LAW-FACT DISTINCTION allegation of grave abuse of discretion.
4. QUESTION OF LAW
5. QUESTION OF FACT c. Nature of problem involved:
6. QUESTION OF DISCRETION i. Right (should be protected by law) v
D. MODES OF JUDICIAL REVIEW Privilege (can be unilaterally withdrawn)
1. CERTIORARI
ii. Question of Law v Question of Fact
2. PROHIBITION
3. MANDAMUS (refer to discussion on Extent of Judicial
4. DECLARATORY RELIEF Review on page 147)
5. HABEAS CORPUS
6. AMPARO d. Finality of the administrative decision.
7. HABEAS DATA
8. INJUNCTION AS PROVISIONAL REMEDY
E. ENFORCEMENT OF AGENCY ACTION 3. The doctrines of forum shopping, litis
1. RES JUDICATA; FINAL JUDGMENT pendentia and res judicata also apply
2. WRIT OF EXECUTION; MANDAMUS to administrative agencies.
ADMINISTRATIVE LAW
question to be resolved is one which
unconstitutional powers;
requires the expertise of administrative
h. Lack of jurisdiction; Grave abuse of
agencies and the legislative intent on the
discretion.
matter is to have uniformity in the rulings.
It can only occur where there is a
7. Availability of Judicial Review depends concurrence of jurisdiction between the
on: court and the administrative agency.
i. Whether the enabling statute permits It is a question of the court yielding to the
judicial review. There is no problem when agency because of the latters expertise,
the statute itself expressly grants or prohibits and does not amount to ouster of the court.
judicial review. But when it is silent, [Texas & Pacific Railway v Abilene (1907)]
generally, judicial review is available
j. Whether the plaintiff has standing. o It is the recent jurisprudential trend to
k. Whether the defendant is the proper apply the doctrine of primary jurisdiction
defendant. The defendant could be either a in many cases that demand the special
private party, or the very administrative competence of administrative agencies.
agency before whom the right is being It may occur that the Court has jurisdiction
applied. to take cognizance of a particular case,
l. Whether the forum is the proper forum. which means that the matter involved is also
The forum is usually provided for in the judicial in character. However, if the
enacting statute. In its absence, the determination of the case requires the
Uniform Appeals Act is applicable. It is expertise, specialized skills and knowledge
very seldom that the forum is in the RTC, of the proper administrative bodies because
since administrative agencies are usually technical matters or intricate questions of
given the rank equal to or higher than the facts are involved, then relief must first be
RTC. obtained in an administrative proceeding
m. Whether the time for the filing of the case before a remedy will be supplied by the
is proper. The period for filing the case courts even though the matter is within
must also be considered in view of the the proper jurisdiction of a court.
statute of limitations, as well as the period [Industrial Enterprises v CA (1990)]
required by the statute or rules for the filing
of appeals. o Well-entrenched is the rule that courts will
n. Whether the case is ripe for adjudication. not interfere in matters which are addressed
When a person has not exhausted all the to the sound discretion of the government
administrative remedies available to him, his agency entrusted with the regulation of
case is said to be not ripe for judicial review activities coming under the special and
yet. He is said to have invoked the technical training and knowledge of such
intervention of the court prematurely. agency. Administrative agencies are
Although this is not a jurisdictional given a wide latitude in the evaluation of
requirement, failure to abide by the doctrine evidence and in the exercise of their
affects petitioners cause of action. adjudicative functions, latitude which
includes the authority to take judicial
notice of facts within their special
competence [(Quiambao vs CA (2005)]
POLITICAL LAW REVIEWER Chapter III. JUDICIAL REVIEW and ENFORCEMENT of AGENCY ACTION
ADMINISTRATIVE LAW
over which is initially lodged with an
administrative body of special competence. 2. Doctrine of Exhaustion of
[Sherwill vs Sitio Sto Nino (2005)] Administrative Remedies
o Reason: In this era of clogged docket
courts, the need for specialized 1. General Rule: Where the law has
administrative boards with the special delineated the procedure by which
knowledge and capability to hear and administrative appeal or remedy could be
determine promptly disputes on technical effected, the same should be followed
matters has become well nigh before recourse to judicial action can be
indispensable. Between the power lodged in initiated. [Pascual vs Provincial Board
an administrative body and a court, the (1959)]
unmistakable trend has been to refer it to
the former. (GMA vs ABS CBN (2005)] 2. Requisites:
i. The administrative agency is performing
b. Requisites: a quasi-judicial function.
ii. Judicial review is available.
1. Administrative body and the regular iii. The court acts in its appellate
court have concurrent and original jurisdiction.
jurisdiction
3. Rationale:
2. Question to be resolved requires i. Legal reason: The law prescribes a
expertise of administrative agency procedure.
ii. Practical reason: To give the agency a
3. Legislative intent on the matter is to chance to correct its own errors [and
have uniformity in rulings prevent unnecessary and premature
resort to the courts ;
4. Administrative agency is performing a iii. Reasons of comity: Expedience,
quasi-judicial or adjudicatory function courtesy, convenience.
(not rule-making or quasi-legislative
function [Smart vs NTC (2003)] 4. Exceptions to the Doctrine of Exhaustion of
Remedies:
Rationale: It is presumed that an Purely legal questions. [Castro vs
administrative agency, if afforded an Secretary (2001)]
opportunity to pass upon a matter,
Steps to be taken are merely matters of
would decide the same correctly, or
form. [Pascual vs Provincial Board
correct any previous error
(1959)]
committed in its forum [Caballes v
Administrative remedy not exclusive but
Sison (2004)]
merely cumulative or concurrent to a
judicial remedy. [Pascual vs Provincial
When the Doctrine is Inapplicable:
Board (1959)]
i. If the agency has exclusive
Validity and urgency of judicial action or
jurisdiction
intervention. [Paat vs CA (1997)]
ii. When the issue is not within the
No other plain, speedy, adequate
competence of the
remedy in the ordinary course of the
administrative body to act on.
law. [Paat v CA (1997)t; Information
POLITICAL LAW REVIEWER Chapter III. JUDICIAL REVIEW and ENFORCEMENT of AGENCY ACTION
Technology Foundn v COMELEC But if not invoked at the proper time, this
(2004)] ground is deemed waived.[Republic vs
Resort to exhaustion will only be Sandiganbayan (1996)]
oppressive and patently unreasonable.
[Paat vs CA (1997); Cipriano vs
3. Doctrine of Qualified Political Agency
Marcelino (1972)]
Where the administrative remedy is only
permissive or voluntary and not a 1. The act of the department head is
prerequisite to the institution of judicial presumptively the act of the President (as
proceedings. [Corpuz vs Cuaderno his alter ego), unless revoked by the latter.
(1962)] 2. Example: The President - through his duly
constituted political agent and alter ego, the
Application of the doctrine will only
DOTC Secretary - may legally and validly 187
cause great and irreparable damage
decree the reorganization of the
ADMINISTRATIVE LAW
which cannot be prevented except by
taking the appropriate court action. [Paat Department. [Sec of DOTC v Mabalot
vs CA (1997); Cipriano vs Marcelino (2002)]
(1972)] 3. Exception: Where the law expressly
provides for exhaustion via an appeal to the
When it involves the rule-making or
President. [Tan v Director of Forestry
quasi-legislative functions of an
(1983)]
administrative agency. [Smart vs NTC
(2003)]
Administrative agency is in estoppel. 4. Ripeness
[Republic vs Sandiganbayan (1996)]
Doctrine of qualified political agency 1. When applied:
Subject of controversy is private land in i. Administrative agencys decision is final.
land case proceedings. [Paat vs CA ii. Judicial review is available/appropriate
(1997)] iii. Administrative agency exercising its
Blatant violation of due process. [Paat rule-making or quasi-legislative function
vs CA (1997); Pagara vs CA]
Where there is unreasonable delay or a. Purpose [Abbot Laboratories v Gardner
official inaction. [Republic vs (1967)]
Sandiganbayan (1996)] i. To prevent courts, thru avoidance of
Administrative action is patently illegal premature adjudication, from entangling
amounting to lack or excess of themselves in abstract agreement over
jurisdiction. [Paat vs CA (1997)] administrative policies.
Resort to administrative remedy will ii. To protect agencies from judicial
amount to a nullification of a claim. [DAR interference until a decision has been
vs Apex Investment (2003); Paat vs CA formalized and its effect is felt in a
(1997)] concrete way or the imminence of the
No administrative review provided for by effect is demonstrable.
law. [Estrada vs CA (2004)]
Issue of non-exhaustion of b. Two-fold test for a controversy to be ripe
administrative remedies rendered moot. [Abbot Laboratories v Gardner (1967)]
[Estrada vs CA (2004)] Fitness of the issue for judicial decision.
In quo warranto proceedings. [Corpus vs Hardship to the parties of withholding
Cuaderno (1962)] such court action.
Law expressly provides for a different
review procedure. [Samahang
Magbubukid vs CA (1999)]
5. Effect of Failure to Exhaust Administrative
Remedies:
ADMINISTRATIVE LAW
6. Question of Discretion i. Constitutionality of the statute
a. Discretionary Acts v Ministerial Acts creating the agency and granting its
b. Judicial review of administrative powers;
discretion v Substitution of judicial ii. Validity of the agency action if this
discretion for administrative discretion transcends the limit established by law;
c. General rule or
d. Rationale iii. Correctness of the agencys
e. Exception interpretation and application of the
f. Examples law.
c. Examples:
1. General Rule i. Administrative officials action which is
Laws creating administrative agencies and based on a misconstruction of law can
providing for judicial review may indicate the be corrected and is not conclusive upon
scope of that review. Whether the courts may the courts.
inquire into questions of law, of fact or of both as ii. When the conclusion drawn by an
well as of administrative discretion will depend administrative official from the facts
on the enabling act. found is erroneous or not warranted by
law.
iii. Where the act of the administrative
2. General Principles official constitutes not only an excess of
a. Questions of law are always reviewable by regulatory power conferred upon him,
the courts; but also an exercise of legislative power
b. Substantial Evidence Rule: Findings of which he does not have.
fact, if based on substantial evidence, are iv. The issue of WON an Employer-
conclusive and binding on the courts; Employee relationship exists is a
c. If the decision of a case is discretionary on question of law. [Ysmael vs CIR (1960)]
the part of the agency, courts can review if
the decision is attended with capriciousness; 5. Question of Fact
and
d. Questions of jurisdiction are always a. Definition. A question of fact exists if the
reviewable as they go into the question of issue involved is the existence of a fact, the
authority to decide. happening of an event, or which of the two
versions of the happening of an event is
correct.
3. Law-fact Distinction
a. There is no clear-cut line that separates b. General Rule: Finality is attached to findings
questions of law from questions of fact. of fact of some agencies when these
There may be cases where the issues findings are supported by substantial
raised may easily be classified under one or evidence and as long as there is no grave
the other, but some cases may involve abuse of discretion.
mixed questions of law and fact;
c. Examples:
ii. When there is grave abuse of
GENERAL RULE: discretion amounting to lack of
jurisdiction, there is a justification for
i. It is not for the reviewing court to weigh the courts to set aside the administrative
the conflicting evidence, determine the determination. [ Banco Filipino vs
credibility of witnesses, or otherwise Central Bank (1991)]
substitute its judgment for that of the iii. The court is inclined to review the
administrative agency on the sufficiency findings of fact of an administrative
of evidence. official if they are not based on a
thorough examination of the parties
The court recognizes that the trial court contending claims wherein the 189
or administrative body, as a trier of facts, is adversarial process would ensure a
ADMINISTRATIVE LAW
in a better position to assess the demeanor better presentation and appreciation
of the witnesses and the credibility of their of evidence. [PAL v. Confessor (1994)]
testimonies as they were within its proximal
view during the hearing or investigation.
[Mollaneda vs Umacob (2001)] 6. Question of Discretion
ii. Administrative proceedings are a. Discretionary Acts v Ministerial Acts
governed by the substantial evidence
Discretionary Ministerial
rule. When applied to public A ministerial act has been
functionaries, discretion defined as one performed
A finding of guilt in an administrative may be defined as the in response to a duty
case would have to be sustained for as long power or right conferred which has been positively
as it is supported by substantial evidence upon them by law to act imposed by law and its
that the respondent has committed the acts officially under certain performance required at
stated in the complaint or formal charge. circumstances, a time and in a manner or
according to the dictates upon conditions
This is different from the quantum of of their own judgment specifically designated,
and conscience and not the duty to perform under
proof required in criminal proceedings which controlled by the the conditions specified
necessitates a finding of guilt of the accused judgment of others. not being dependent
beyond reasonable doubt. upon the officers
judgment or discretion.
Ergo, the dismissal of the criminal
case will not foreclose administrative
action against respondent. [Velasco vs Discretion is the power Ministerial duty is one in
Hernandez (2004)] to make a choice among respect to which nothing
permissive actions or is left to discretion. It is a
iii. The substantial evidence standard is not policies. The very simple, definite duty
modified in any way when officials of an essence of discretionary arising under conditions
administrative agency disagree in their power is that the person admitted or proved to
findings. [Universal Camera vs NLRC or persons exercising it exist, and imposed by
(1951)] may choose which of law.
several courses of action
EXCEPTIONS: should be followed.
i. One circumstance where the court may
not accept the agencys findings of fact
is when the decision rendered by an
almost evenly divided court and the b. Judicial review of administrative discretion
division was precisely on the facts as vs. Substitution of judicial discretion for
borne out by the evidence. administrative discretion
o Questions of policy or discretion are
In such a situation the court, in order to reviewable only for unreasonableness,
determine the substantiality of the evidence, departure from statutory standards, or
must consider evidence not only in its lack of evidentiary support; and
quantitative but also in its qualitative questions of wisdom, propriety or
aspects. For, to be substantial, evidence expediency are for the agency and not
must first of all be credible. [Gonzales vs for the courts.
Victory Labor Union (1969)]
POLITICAL LAW REVIEWER Chapter III. JUDICIAL REVIEW and ENFORCEMENT of AGENCY ACTION
ADMINISTRATIVE LAW
d. Rationale: Recognition of the expertise of d. The special civil action of certiorari is still the
the agency. proper vehicle for judicial review of the
decision of the NLRC.
e. Exception: If discretion was exercised in a
capricious, whimsical, arbitrary, abusive, A special civil action for certiorari
partial, and hostile manner. however is within the concurrent original
jurisdiction of the SC and CA and it would
f. Examples: be advantageous to the aggrieved party to
i. The erroneous appreciation of the recourse from the NLRC to CA as an initial
significance of the facts before the step in the process of judicial review. [St.
administrative agency does not mean Martin Funeral Homes vs NLRC (1998)]
that the administrative agency had
abused its discretion. [Laguna Tayabas e. A motion for reconsideration is a remedy
vs PSC (1957)] and since Purefoods filed a motion for
reconsideration beyond the reglementary
ii. Courts should not intervene in that period, it should suffer the consequences of
administrative process, save upon a its own negligence. [Purefoods Corp. vs
very clear showing of serious violation of NLRC (1989)]
law or of fraud, personal malice or f. Failure of a party to perfect its appeal in the
wanton oppression. manner and within the period fixed by law
renders the decision sought to be appealed
Courts have none of the technical and final, with the result that no court can
economic or financial competence which exercise appellate jurisdiction to review the
specialized administrative agencies have at decision. [Azores vs SEC (1996)]
their disposal. [PLDT vs NTC (1995)]
2. Prohibition
D. Modes of Judicial Review a. Nature. This action is preventive and not for
acts already performed. Issues on the same
The Modes of Judicial Review are: grounds as certiorari must be timely availed
1. Certiorari of.
2. Prohibition
3. Mandamus b. Purpose. The purpose of prohibition is to
4. Declaratory Relief prohibit or stop proceedings.
5. Habeas Corpus c. Prohibition is broader in scope compared to
6. Amparo Certiorari because it applies to agencies
7. Habeas Data performing both quasi-judicial and ministerial
8. Injunction as provisional remedy functions.
1. Certiorari d. Requisites
i. Ground raised is lack of jurisdiction or
a. Purpose: The purpose of a certiorari is to set grave abuse of discretion;
aside or nullify proceedings. ii. No plain, adequate and speedy remedy
available;
POLITICAL LAW REVIEWER Chapter III. JUDICIAL REVIEW and ENFORCEMENT of AGENCY ACTION
ADMINISTRATIVE LAW
discretion of the Board and involves the
Board, (1955)] construction of the law and the application of
f. The exception stated in Chua Hiong should the facts thereto. [Policarpio vs Phil.
be allowed only in the sound discretion of a Veterans Board, (1956)]
competent court in a proper proceeding [Co h. The Backpay Law enumerates those not
vs Deportation Board, (1977)] entitled to backpay, and no prohibition is
g. CHR had no jurisdiction to issue the writ of made against aliens in receiving backpay.
preliminary injunction since what is involved Having been satisfied that Tan is not among
is neither political nor civil rights. CHRs those excluded from the coverage of said
contention that prohibition is moot and law, it becomes the ministerial duty of the
academic cannot be sustained. Commission to give due course to
petitioners application. [Tan vs Veterans
While it is true that prohibition as a Backpay Commission, (1959)]
preventive remedy is not intended as a i. If one seeks to settle contractual rights and
remedy to restrain what has already obligations and to regulate a course of
accomplished, the CHR, in this case, has conduct, the remedy in this case is specific
yet to promulgate its resolutions, and the performance. The difference between the 2
prohibition is intended to prevent just that. remedies lies in their basis: mandamus is
[Simon, Jr. vs CHR, (1994)] based on the ministerial duty imposed by
law, while specific performance is based on
3. Mandamus contract. [Province of Pangasinan v.
Reparations Commission, (1977)]
a. Nature. Mandamus is an order compelling a
party to perform an act arising out of a j. Tax assessment is discretionary; therefore,
positive duty imposed by law. mandamus will not lie. The Commissioner
cannot be compelled to impose tax
b. Mandamus will lie against a ministerial duty assessment not found by him to be due for
when the official/agency refuses to exercise that would be tantamount to a usurpation of
its ministerial duty to act on its quasi-judicial an executive function. [Meralco Securities
functions. Corporation v. Savellano, (1982)]
c. Mandamus will not lie to enforce a k. Mandamus will not issue to:
contractual obligation. The remedy will be o compel an official to do anything which
specific performance. is not his duty to do or
o give the applicant anything to which he
d. Requisites:
is not entitled by law.
i. Duty is ministerial.
It is simply a command to exercise a power
ii. Petitioner has a clear, controlling right.
already possessed and to perform a duty
iii. No other plain, speedy and adequate
already imposed. [Cruz v. CA, (1996)]
remedy.
l. Mandamus is a command issuing from a
e. Mandamus will not issue to control or review
court of competent jurisdiction, in the name
the exercise of discretion of a public officer.
of the state or the sovereign, directed to
The act of confirming is not a ministerial
some inferior court, tribunal, or board, or to
duty. [Blanco vs Board of Examiners,
some corporation or person requiring the
(1924)]
POLITICAL LAW REVIEWER Chapter III. JUDICIAL REVIEW and ENFORCEMENT of AGENCY ACTION
ADMINISTRATIVE LAW
ministerial in nature and may be compelled In securing a judicial declaration of
by mandamus. [MMDA v. Concerned citizenship.
Citizens of Manila Bay (2008)] Where petition for declaratory relief is
filed after the breach of law took place.
A continuing mandamus is a mandamus
Where petitioner never acquired any
issued by the court under extraordinary
interest in the object of the controversy,
circumstances with directives with the end of
and enjoyed no rights which were
ensuring that its decision would not be set to
violated.
naught by administrative inaction or
Where declaratory relief would not
indifference.
terminate the uncertainty of the
n. 2 Situations when a writ of mandamus may controversy.
issue: When any tribunal, corporation, Where the relief sought would be
board, officer or person unlawfully: determinative of issues rather than a
i. Neglects the performance of an act construction of definite stated rights,
which the law specifically enjoins as a status and other relations commonly
duty resulting from an office, trust, or expressed in written instruments
station; or since this remedy is available only if it is
ii. Excludes another from the use and limited to a declaration of rights, and not
enjoyment of a right or office to which to a determination, trial or judicial
the other is entitled. investigation of issues.
d. The writ of habeas corpus will issue when: people are already enforced through
an alien has been detained by the DOJ different remedies.
for an unreasonably long period of time iii. It covers both actual and threatened
after it has become apparent that the violations of such rights.
deportation order cannot be effectuated; iv. It covers violations committed by public
and officials or employees and private
no criminal charges have been formally individuals or entities. (Annotation to the
made or a judicial order issued for his Writ of Amparo)
detention.
In such case, the order of deportation which 7. Habeas Data
was not executed is functus officio and the
alien is being held without authority of law.
a. Nature and Purpose: The writ of habeas 193
data is an independent remedy to protect
[Mejoff vs Director of Prisons, (1951)]
ADMINISTRATIVE LAW
the right to privacy, especially the right to
e. Bail renders a writ of habeas corpus moot informational privacy.
and academic, as the bail bond gives The writ of habeas data is also a remedy to
petitioner liberty. [Co v Deportation Board, protect the right to life, liberty or security of a
(1977)] person from violation or threatened violation
f. The release of a detained person, whether by an unlawful act or omission of a public
permanent or temporary, renders a petition official or employee or of a private individual
for the writ of habeas corpus moot and or entity. It complements the writ of amparo
and writ of habeas corpus. (Annotation to
academic, unless there are restraints
attached which preclude his freedom. the Writ of Habeas Data)
[Lucien Tran Van Nghia v. Liwag, (1989)]
8. Injunction as Provisional Remedy
6. Writ of Amparo a. Nature: An ancillary remedy provided to
a. Nature: Amparo, literally to protect, is preserve the petitioners rights while main
designed to protect those other fundamental action is pending.
rights in the Constitution not covered by b. Purpose.
habeas corpus. (The Rationale for the Writ i. To prevent the commission of certain
of Amparo) acts complained of; or
b. Purposes/Types: ii. To order the continued performance of
i. For the protection of personal freedom, some act for the purpose of preventing
equivalent to the habeas corpus writ further injury.
(called amparo libertad); c. Requisites:
ii. For the judicial review of the i. Plaintiff is entitled to relief demanded.
constitutionality of statutes (called The right to the writ is clear when:
amparo contra leyes); There is willful invasion of the
iii. For the judicial review of the petitioners right, and the injury is a
constitutionality and legality of a judicial continuing one; and effect of the
decision (called amparo casacion); writ is to re-establish the pre-
iv. For the judicial review of administrative existing relation. [Lemi vs. Valencia
actions (called amparo administrativo); (1966)]
and Commission or continuance of an
v. For the protection of peasants rights act complained of would probably
derived from the agrarian reform work injustice to him.
process (called amparo agrario). Defendant, is doing, threatens or
(Annotation to the Writ of Amparo) about to do an act in violation of
c. Philippine Version: petitioners rights which may render
i. Rights protected: (1) right to life, (2) the judgment ineffective.
liberty and (3) security of persons. d. Injunction can only be issued by superior to
ii. The reason for limiting the coverage of an inferior body; if co-equals, the injunction
its protection only to the three rights is cannot prosper. [Honda vs San Diego,
that other constitutional rights of our (1966)]
POLITICAL LAW REVIEWER Chapter III. JUDICIAL REVIEW and ENFORCEMENT of AGENCY ACTION
ADMINISTRATIVE LAW
issued in tax collection. An exception is that judgment within the purview of the doctrine
if the collection of the tax is prejudicial to the of res judicata, which forbids the reopening
interest of the government and of the of matters once judicially determined by
taxpayer, the CTA is authorized to restrain competent authorities.
the Collector from proceeding with its
collection. [Collector vs. Reyes, (1957)]
2. Writ of Execution; Mandamus
g. Sec. 11, RA 1125 (An Act Creating the a. General rule: Administrative agencies
Court of Tax Appeals): Who may appeal; performing quasi-judicial functions have the
effect of appeal. xxx implied power to issue writs of execution.
No appeal taken by the Court of Appeals b. EXCEPT: If the enabling law expressly
from the decision of the Collector of Internal provides otherwise.
Revenue or the Collector of Customs shall
suspend the payment, levy, distraint, and or c. If the law is silent, presume that the agency
sale of any property of the taxpayer for the has the power to enforce its decisions
satisfaction of his tax liability as provided by emanating from its quasi-judicial powers.
existing law; Provided, however, That when [Apolega vs Hizon, (1968)]
in the opinion of the Court the collection by
d. The legislature may aid the enforcement of
the Bureau of Internal Revenue or the
administrative determination by providing for
Commissioner of Customs may jeopardize
a penalty for failure to comply therewith.
the interest of the Government and/or the
taxpayer the Court at any stage of the Also, direct and positive sanctions (grant
proceeding may suspend the said collection of subpoena power and contempt powers)
and require the taxpayer either to deposit are afforded by provisions for
the amount claimed or to file a surety bond administrative or judicial processes to
for not more than double the amount with compel obedience or prevent violation of the
the Court. determination.
e. Administrative enforcement includes:
E. Enforcement of Agency Action i. Revocation;
ii. Suspension;
1. Res Judicata; Finality of Judgment iii. Refusal to renew license;
iv. Refusal to grant clearance paper to
a. When it applies. The doctrine of res judicata
ships;
applies only to judicial or quasi-judicial
v. Withholding or denying benefits;
proceedings and not to the exercise of
vi. Imposing conditions, seizure and sale or
purely administrative functions.
destruction of property;
Administrative proceedings are non-litigious
vii. Exclusion and deportation;
and summary in nature; hence, res judicata
viii. Imposition and collection of fines and
does not apply. [Nasipit Lumber Co. vs
penalties; and
NLRC (1989)]
ix. Summary enforcement without need for
b. Requisites: adjudication:
i. The former judgment must be final; Distraint of personal property or levy
on real property (Commissioner of
Internal Revenue);
POLITICAL LAW REVIEWER Chapter III. JUDICIAL REVIEW and ENFORCEMENT of AGENCY ACTION
ADMINISTRATIVE LAW
Where the order of execution is not in
harmony with and exceeds the judgment
which gives it life, the order pro tanto has no
validity. [Clavano v HLURB, (2002)]
ELECTION LAW
Table of Contents
ELECTION LAW
1. Constitutional powers and functions 10. Effect of disqualification case... 210
[Art. IX-C, Sec. 2]...................................200 B. Registration of Political Parties ......... 210
2. Statutory powers ...........................201 1. Party System ................................ 210
D. Rendition of Decision ........................201 2. Definitions ..................................... 210
1. Composition ..................................201 3. Purpose ........................................ 211
2. Time Period and Votes Required .202 4. Procedure for Registration............ 211
3. COMELEC decisions reviewable by 5. Who May Not be Registered ........ 211
the Supreme Court ................................202 6. Grounds for refusal and/or
E. Measures Designed for COMELECs cancellation of registration .................... 211
Independence ............................................202 7. Parameters in Allocation of Seats for
Party-List Representatives .................... 212
Chapter III. Voters: Qualification and 8. Effect of Change of Affiliation... 212
Registration ..................................................203 9. Nomination of Party-List
A. Qualifications.....................................203 Representative ...................................... 212
B. Registration of Voters........................203 C. Party-list and District Representatives
1. Definition .......................................203 Distinguished ............................................. 213
2. System of Continuing Registration of
Voters ....................................................204 Chapter V. Election Campaign and
3. Illiterate or disabled voters............204 Expenditures ................................................ 214
4. Election Registration Board ..........204 A. Election Campaign............................ 214
5. Change of residence or address ..204 1. Election Campaign or Partisan
6. Challenges to right to register.......204 Political Activity...................................... 214
7. Deactivation of Registration..........205 2. Campaign Period .......................... 214
8. Reactivation of Registration..........205 3. Lawful Election Propaganda......... 215
9. Certified List of Voters ..................205 4. Prohibited Acts ............................. 215
C. Inclusion and Exclusion Proceedings205 5. Equal Access to Media Time and
D. Annulment of Book of Voters ............205 Space .................................................... 215
E. Overseas Absentee Voter .................206 7. Election Surveys ........................... 216
1. Definitions .....................................206 8. Application for Rallies, Meetings and
2. Coverage ......................................206 Other Political Activity............................ 216
3. Qualifications ................................206 B. Election Contributions and Expenditures
4. Disqualifications ............................206 216
5. Personal Overseas Absentee 1. Definitions ..................................... 216
Registration ...........................................206 2. Prohibited Contributions ............... 217
6. Inclusion and Exclusion Proceedings 3. Prohibited Fund-raising Activities . 217
206 4. Limitations on Expenses............... 217
7. National Registry of Overseas 5. Statement of Contributions and
Absentee Voters ....................................206 Expenses............................................... 217
6. Requisites of a Prohibited Donation
Chapter IV. Pre-Election Requirements .....207 218
A. Certificates of Candidacy ..................207
1. Candidate, Definition ....................207 Chapter VI. Election Proper ........................ 219
2. Qualifications .....................................207 A. In General ......................................... 219
POLITICAL LAW REVIEWER TABLE of CONTENTS
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223
3. Prohibitions on BOC .....................223
4. Canvass by the BOC ....................223
5. Certificate of Canvass and Statement
of Votes .................................................223
6. Proclamation .................................224
ELECTION LAW
Prof. Rodolfo Noel Quimbo A. DEFINITIONS
Faculty Editor
1. SUFFRAGE
Ria Dooc 2. SCOPE
Lead Writer a. ELECTION
Dianne Patawaran b. PLEBISCITE
Mike Rivera c. REFERENDUM
Writers d. INITIATIVE
e. RECALL
POLITICAL LAW B. CONSTITUTIONAL MANDATE ON CONGRESS
Jennifer Go C. ELECTION PERIOD
Subject Editor
ELECTION LAW
Patrich Leccio
Editors-in-Chief chosen by the people and in determination
of questions submitted to the people.
PRINTING & DISTRIBUTION
Kae Guerrero
2. Scope
DESIGN & LAYOUT
i. Election: the means by which the people
Pat Hernandez choose their officials for a definite and fixed
Viktor Fontanilla period and to whom they entrust for the time
Rusell Aragones being the exercise of the powers of
Romualdo Menzon Jr.
government.
Rania Joya
ELECTION LAW
terms and conditions insofar as initiative on
amendments to the Constitution is concerned.
Note: Section 2 of Art. XVII Constitution is
limited to proposals to AMEND not to REVISE
the Constitution. [Santiago vs COMELEC
(1997)]
ELECTION LAW
Cancel canvass of election returns and
annul proclamation based on incomplete
1 chairman and 6 Commissioners
results. (Note: COMELEC does not have
Appointed by the President with the consent
the power to annul an election which
of the Commission on Appointments for a
may not have been free, orderly, and
term of 7 years without reappointment.
honest; such power is merely
No member shall be appointed or
preventive, not curative.)
designated in a temporary or acting
capacity. [Art. IX-C, Sec. 1, Constitution] ii. Quasi-Judicial Powers
ELECTION LAW
person to be registered, etc.)
vii. File, upon a verified complaint, or on its own iv. Power to call a special election [Sec. 4, R.A.
initiative, petitions in court for the inclusion 7166]
or exclusion of votes.
Please refer to page 219 for a more detailed
viii. Investigate and prosecute cases of violation discussion of power to postpone election,
of election laws declare failure of elections and to call a
special election.
The COMELEC has the power of a
public prosecutor with the exclusive
authority to conduct the preliminary D. Rendition of Decision
investigation and the prosecution of
election offenses punishable under the
election law. The power may be 1. Composition
exercised upon complaint or motu The COMELEC may sit en banc or in 2
proprio. divisions.
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Decide by majority vote of all its members any 7. Enjoy fiscal autonomy.
case or matter brought before it within 60 days 8. May promulgate its own procedural rules,
from the date of its submission for decision or provided they do not diminish, increase or
resolution. [Art. IX-A, Sec. 7 Const.] modify substantive rights (though subject to
disapproval by the SC).
9. Chairmen and members are prohibited from
3. COMELEC decisions reviewable by the
engaging in the practice of any other
Supreme Court profession or management of any business,
Only decisions of the COMELEC en banc or to be financially interested in any contract
may be brought to the Supreme Court by with the Government during their tenure in
petition on certiorari within 30 days from office.
receipt of a copy thereof. [Art. IX-A, Sec. 7, 10. May appoint their own officials and
Const.] employees in accordance with the Civil
By certiorari, a party raises questions of Service Law.
law in the Supreme Court. Findings of
fact made by the COMELEC are
conclusive upon the Supreme Court.
Only decisions of the COMELEC made
in the exercise of its adjudicatory or
quasi-judicial power may be brought to
the Supreme Court on certiorari.
Determinations made by the COMELEC
which are merely administrative (not quasi-
judicial) in character, may be challenged in
an ordinary civil action before the RTC.
The Supreme Court has no power of
supervision over the COMELEC except to
review its decisions on petitions by certiorari.
POLITICAL LAW REVIEWER Chapter III. Voters: QUALIFICATION and REGISTRATION
ELECTION LAW
ii. Adjudged by final judgment for having
2. PETITION FOR INCLUSION
3. PETITION FOR EXCLUSION committed any crime involving disloyalty
D. ANNULMENT OF BOOK OF VOTERS to the duly constituted government (e.g.
E. OVERSEAS ABSENTEE VOTER rebellion, sedition, violation of the
1. DEFINITIONS firearms law) or any crime against
2. COVERAGE national security (unless restored to full
3. QUALIFICATIONS civil and political rights in accordance
4. DISQUALIFICATIONS with law)
5. PERSONAL OVERSEAS ABSENTEE
shall automatically reacquire the
REGISTRATION
6. INCLUSION AND EXCLUSION right to vote upon the expiration of 5
PROCEEDINGS years after the service of sentence
7. NATIONAL REGISTRY OF OVERSEAS iii. Insane or incompetent persons as
ABSENTEE VOTERS declared by competent authority
ELECTION LAW
(Sec. 2, Par. 11)
Facts: COMELEC Resolution 8585 set the
deadline for voter registration to 31 October
2009. Petitioners asked the SC to declare the 4. Election Registration Board
resolution null and void, and to require Composition:
COMELEC to extend the voter registration until Chairman: Election Officer
9 January 2010, the day before the 120-day If disqualified, COMELEC shall
period prior to the 10 May 2010 regular designate an acting Election Officer
elections. COMELEC argued that it is authorize
Members:
under the law to fix other dates for pre-election
Public school official most senior in
acts which include voter registration and in
rank
Akbayan-Youth vs. COMELEC, the SC denied a
Local civil registrar, or in his
similar prayer for extension of deadline for voter
absence, the city or municipal
registration for the 14 May 2001 elections.
treasurer. If neither are available,
any other appointive civil service
Issue: WON COMELEC Resolution 8585 should
official from the same locality as
be declared void.
designated by the COMELEC.
Ruling: Yes. By Sec. 8 R.A. 8189, Congress Disqualification: relation to each other or to
itself has determined that the period of 120 days any incumbent city or municipal elective
before a regular election and 90 days before a official within the 4
th
civil degree of
special election is enough time for the consanguinity or affinity. [Sec. 15, R.A.
COMELEC to make ALL the necessary 8189]
preparations with respect to the coming
elections. COMELEC is granted the power to fix
other periods and dates for pre-election activities 5. Change of residence or address
only if the same cannot be reasonably held
within the period provided by law. There is no Change of residence to another city or
ground to hold that the mandate of continuing municipality the registered voter may apply
voter registration cannot be reasonably held with the Election Officer of his new
within the period provided by Sec. 8 of R.A. residence for the transfer of his registration
8189. records. [Sec. 12, R.A. 8189]
Change of address in the same municipality
The case is different from Akbayan-Youth vs. or city voter shall immediately notify the
COMELEC, wherein the petitioners filed their Election Officer in writing. [Sec. 13, R.A.
petition with the Court and sought the conduct of 8189]
a two-day registration all within the 120-day
prohibitive period. In this case, both the dates of 6. Challenges to right to register
filing of the petition and the extension sought are Who may challenge application for
prior to the 120-day prohibitive period. registration: Any voter, candidate or
representative of a registered political party
Form:
In writing
POLITICAL LAW REVIEWER Chapter III. Voters: QUALIFICATION and REGISTRATION
ELECTION LAW
place the same in the inactive file:
i. Sentenced by final judgment to suffer Appeal: Decisions of the MTC or MeTC may
imprisonment for not less than 1 year be appealed by the aggrieved party to the
(unless granted a plenary pardon or an RTC within 5 days from receipt of notice
amnesty) thereof. No motion for reconsideration shall
shall automatically reacquire right to be entertained. [Sec. 33, R.A. 8189]
vote upon the expiration of 5 years
after the service of sentence as Petition for Inclusion of Voters in the List:
certified by clerks of courts When: any time except 105 days prior to
ii. Adjudged by final judgment for having a regular election or 75 days prior to a
committed any crime involving disloyalty special election.
to the duly constituted government (e.g. Who may file:
rebellion, sedition, violation of the One whose application for
firearms law) or any crime against registration has been disapproved
national security (unless restored to full by the Board of Election Inspectors
civil and political rights in accordance or
with law) One whose name has been stricken
shall automatically reacquire the out from the list [Sec. 34, R.A.
right to vote upon the expiration of 5 8189]
years after the service of sentence
Petition for Exclusion of Voters in the List:
iii. Insane or incompetent persons as
declared by competent authority When: any time except 100 days prior to
iv. Did not vote in the 2 successive a regular election or 65 days prior to a
preceding regular elections (excluding special election.
SK elections) Who may file:
v. Registration has been ordered excluded Any registered voter;
by the Court and Any representative of a political
vi. Lost his Filipino citizenship. [Sec. 27, party;
R.A. 8189] the Election Officer
ELECTION LAW
disqualified by law, who is abroad on the shall be done in person. [Sec.5, R.A. 9189]
day of elections. [Sec. 3f, R.A. 9189]
6. Inclusion and Exclusion Proceedings
2. Coverage Petition for Inclusion of Voters in the List:
Elections for president, vice-president, When: within 5 days from receipt of the
senators and party-list representatives [Sec. notice of disapproval
3f, R.A. 9189] Who may file: applicant or his authorized
representative [Sec. 6.7, R.A. 9189]
3. Disqualifications
Chapter IV. Pre-Election Requirements
Under the Omnibus Election Code
A. CERTIFICATES OF CANDIDACY i. Declared incompetent or insane by
1. CANDIDATE, DEFINITION competent authority (Sec. 12)
2. QUALIFICATIONS ii. Permanent resident of or an immigrant
3. DISQUALIFICATIONS to a foreign country
4. FILING AND WITHDRAWAL unless he has waived such status
5. EFFECT OF FILING (Sec. 68)
6. SUBSTITUTION OF CANDIDATES
iii. Sentenced by final judgment for:
7. DUTY OF COMELEC
8. PETITION TO DECLARE NUISANCE Subversion, insurrection, rebellion
CANDIDATE Any offense for which he has been
9. PETITION TO DENY DUE sentenced to a penalty of more than
COURSE/CANCEL CERTIFICATE 18 months imprisonment
10. EFFECT OF DISQUALIFICATION CASE A crime involving moral turpitude
B. REGISTRATION OF POLITICAL PARTY (Sec. 12) 207
1. PARTY SYSTEM
iv. Given money or other material
ELECTION LAW
2. DEFINITIONS
3. PURPOSE
consideration to influence, induce or
4. PROCEDURE FOR REGISTRATION corrupt voters or public officials
5. WHO MAY BE REGISTERED performing electoral functions (Sec. 68)
6. GROUNDS FOR v. Committed acts of terrorism to enhance
REFUSAL/CANCELLATION his candidacy (Sec. 68)
7. PARAMETERS IN ALLOCATION OF vi. Spent in his election campaign an
SEATS amount in excess of that allowed (Sec.
8. EFFECT OF CHANGE OF AFFLIATION 68)
9. NOMINATION
vii. Solicited, received or made prohibited
C. PARTY-LIST AND DISTRICT
REPRESENTATIVES DISTINGUISHED
contributions (Sec. 68)
viii. Engaged in election campaign or
partisan political activity outside the
A. Certificates of Candidacy campaign period and not pursuant to a
1. Candidate, Definition political party nomination (Sec. 80)
ix. Removed, destroyed, defaced lawful
Any person who files his certificate of election propaganda (Sec. 83)
candidacy within prescribed period shall only x. Engaged in prohibited forms of election
be considered as a candidate at the start of propaganda (Sec. 85)
the campaign period for which he filed his xi. Violated election rules and regulations
certificate of candidacy. [Sec. 15, R.A. 9369, on election propaganda through mass
Poll Automation Law] media (Sec. 86)
Unlawful acts or omissions applicable to a xii. Coerced, intimidated, compelled, or
candidate shall take effect only upon the influenced any of his subordinates,
start of the aforesaid campaign period. [Sec. members, or employees to aid,
15, R.A. 9369] campaign or vote for or against any
Any registered national, regional, or sectoral candidate or aspirant for the nomination
party, organization or coalition thereof that or selection of candidates (Sec. 261.d)
has filed a manifestation to participate under xiii. Threatened, intimidated, caused,
the party-list system which has not inflicted or produced any violence,
withdrawn or which has not been injury, punishment, damage, loss or
disqualified before the start of the campaign disadvantage upon any person or of the
period. [Comelec Res. 8758, Feb. 4, 2010] immediate members of his family, his
honor or property, or used fraud to
2. Qualifications compel, induce or prevent the
registration of any voter, or the
Qualifications prescribed by law are participation in any campaign, or the
continuing requirements and must be casting of any vote, or any promise of
possessed for the duration of the officer's such registration, campaign, vote, or
active tenure [Frivaldo v. COMELEC omission therefrom (Sec. 261.e)
(1989); Labo v. COMELEC (1989)]. xiv. Unlawful electioneering (Sec. 261.k)
xv. Violated the prohibition against release,
disbursement or expenditure of public
POLITICAL LAW REVIEWER Chapter IV. PRE-ELECTION REQUIREMENTS
ELECTION LAW
the oath of allegiance to the Republic of
the Philippines 4. Filing and withdrawal of certificate of
iv. Dual citizenship candidacy
Dual citizenship as a disqualification
must refer to citizens with dual
No person shall be eligible for any elective
allegiance. [Mercado v. Manzano, public office unless he files a sworn
(1999)] certificate of candidacy within the period
fixed herein. [Sec. 73, B.P. 881]
Under R.A. 9225 Citizenship
Retention and Re-acquisition Act of The certificate of candidacy shall be
2003, a Filipino who becomes a filed by the candidate personally or by
naturalized citizen of another his duly authorized representative.
country is allowed to retain his When: any day from the
Filipino citizenship by swearing to commencement of the election period
the supreme authority of the but not later than the day before the
Republic of the Philippines. The act beginning of the campaign period.
of taking an oath of allegiance is an In cases of postponement or failure of
implicit renunciation of a naturalized election, no additional certificate of
citizens foreign citizenship. candidacy shall be accepted except in
Dual citizenship is not a ground for cases of substitution of candidates.
disqualification from running for [Sec. 75, B.P. 881]
elective position. Like any other
natural-born Filipino, it is enough for Filing of 2 certificates of candidacy:
a person with dual citizenship who No person shall be eligible for more than
seeks public office to (1) file his one office to be filled in the same
certificate of candidacy and (2) election.
swear to the Oath of Allegiance If he files a certificate of candidacy for
contained therein. [Cordora vs. more than one office he shall not be
COMELEC, (February 2009)] eligible for either.
With respect to a person with dual Before the expiration of the period for
allegiance, the Court held that the filing of certificates of candidacy, the
candidates oath of allegiance to the person who has filed more than one
Republic of the Philippines and his certificate of candidacy, may -
Certificate of Candidacy do not declare under oath the office for
substantially comply with the which he desires to be eligible and
requirement of a personal and cancel the certificate of candidacy
sworn renunciation of foreign for the other office/s [Sec. 73, B.P.
citizenship. Section 5(2) of R.A. No. 881]
9225 compels natural-born Filipinos,
who have been naturalized as A person who has filed a certificate of
citizens of a foreign country, but candidacy may, prior to the election,
who reacquired or retained their withdraw the same by submitting to the
Philippine citizenship (1) to take the
POLITICAL LAW REVIEWER Chapter IV. PRE-ELECTION REQUIREMENTS
ELECTION LAW
881]
Any person holding an elective office or election and mid-day of the election day,
position shall not be considered resigned certificate may be filed with:
upon the filing of his certificate of candidacy any Board of Election Inspectors in the
for the same or any other elective office or political subdivision where he is a
position. [Sec. 4, Comelec Resolution No. candidate or
8678 Guidelines on the Filing of Certificates with the COMELEC if it is a national
of Candidacy and Nomination of Official position [Sec. 77, B.P. 881]
Candidates of Registered Political Parties in
Connection with the May 10, 2010 National 7. Duty of COMELEC
and Local Elections]
Sec. 67 B.P. 811 which deemed elective [Sec. 76, B.P. 881]
officials automatically resigned from General rule: The COMELEC shall have the
office upon filing of their certificate of ministerial duty to receive and acknowledge
candidacy was repealed by Sec. 14 R.A receipt of the certificates of candidacy
9006, Fair Election Act. provided said certificates are: under oath
and contain all the required data and in the
QUINTO VS COMELEC (MR Ruling) form prescribed by the Commission.
GR 189698, February 22. 2010 Exception: COMELEC may go beyond the
face of the certificate of candidacy
Held: The SC reversed its earlier ruling (1 Dec. i. Nuisance candidates
2009) and upheld the constitutionality of 3 ii. Petition to deny due course or to cancel
provisions in election laws Sec. 13(3) R.A. a certificate of candidacy
9369, Sec. 66 B.P. 881 and Sec. 4(a) The COMELEC has no discretion to give or
COMELEC Resolution 8678 - that deemed not to give due course to a certificate of
appointive officials automatically resigned once candidacy filed in due form. While the
they filed their certificates of candidacy. COMELEC may look into patent defects in
the certificate, it may not go into matters not
Ratio: By repealing Section 67 but retaining appearing on their face. [Abcede v.
Section 66 of B.P. 881, the legislators deemed it Imperial, (1958)]
proper to treat these two classes of officials
differently with respect to the effect on their 8. Petition to declare a duly registered
tenure in the office of the filing of the certificates candidate as a nuisance candidate
of candidacy for any position other than those
occupied by them. It is not within the power of [Sec. 5, R.A. 6646, The Electoral Reforms
the Court to pass upon or look into the wisdom Law of 1987]
of this classification. Since the classification Who may file: any registered candidate for
justifying Section 14 of R.A. 9006 is anchored the same office
upon material and significant distinctions and all When: within 5 days from the last day for the
the persons belonging under the same filing of certificates of candidacy
classification are similarly treated, the equal How: personally or through duly authorized
protection clause of the Constitution is, thus, not representative with the COMELEC
infringed.
POLITICAL LAW REVIEWER Chapter IV. PRE-ELECTION REQUIREMENTS
Grounds: certificate of candidacy has been disqualified and he is voted for and receives
filed - the winning number of votes in such election
To put the election process in mockery The Court or COMELEC shall continue
or disrepute or with the trial and hearing of the action,
To cause confusion among the voters inquiry, or protest and
by the similarity of the names of the Upon motion of the complainant or any
registered candidates or intervenor, may during the pendency
Clearly demonstrate that the candidate thereof, order the suspension of the
has no bona fide intention to run for the proclamation of such candidate
office for which the certificate of whenever the evidence of his guilt is
candidacy has been filed and thus strong. [Sec. 6, R.A. 6646, The
prevent a faithful determination of the Electoral Reforms Law of 1987]
true will of the electorate [Sec. 69, B.P. Where a similar complaint/petition is filed:
881] i. before the election and proclamation of
Proceeding: summary in nature the respondent and the case is not
210
resolved before the election
the trial and hearing of the case
ELECTION LAW
9. Petition to Deny Due Course or to shall continue and referred to the
Cancel Certificate Law Department for preliminary
1) Who may file: Any person investigation
2) When: Any time not later than 25 days from ii. after the election and before the
the time of the filing of the certificate of proclamation of the respondent
candidacy the trial and hearing of the case
3) Exclusive ground: any material shall be suspended and referred to
representation contained in the certificate of the Law Department for preliminary
candidacy is false. investigation
4) Decision: Shall be decided, after due notice In either case, if the evidence of guilt is
and hearing, not later than 15 days before strong, the COMELEC may order the
the election. [Sec. 78, B.P. 881] suspension of the proclamation of
respondent, and if proclaimed, to suspend
SALIC MARUHOM VS COMELEC the effects of proclamation. [Sec. 4,
GR NO. 179430, July 27. 2009 Resolution No. 8678]
ELECTION LAW
i. Religious denominations and sects
poor, indigenous cultural communities, ii. Those which seek to achieve their goals
elderly, handicapped, women, youth, through violence or unlawful means
veterans, overseas workers and iii. Those which refuse to uphold and adhere to
professionals whose principal advocacy the Constitution
pertains to the special interests and iv. Those supported by foreign governments
concerns of their sector. [Art. IX-C, Sec. 2 (5), Constitution]
ELECTION LAW
affiliation:
guaranteed seat each.
during his term of office shall forfeit his
iii. Proportional representation the
seat
additional seats shall be computed in
proportion to their total number of votes. within 6 months before an election shall
iv. 3-seat limit each party, regardless of the not be eligible for nomination as party-
number of votes it actually obtained, is list representative under his new party
entitled to a maximum of 3 seats; one or organization [Sec. 15, R.A. 7941]
qualifying and 2 additional seats.
9. Nomination of Party-List
BANAT VS. COMELEC Representative
GR NO. 179271, July 8. 2009
Each registered party, organization or
Held: In computing the allocation of additional coalition shall submit to the COMELEC not
seats, the continued operation of the 2% later 45 days before the election a list of at
threshold for the distribution of the additional least 5 names from which party-list
seats as found in the second clause of Sec. representatives shall be chosen in case it
11(b) of R.A. 7941 which provides that those obtains the required number of votes.
garnering more than 2% of the votes shall be A person may be nominated:
entitled to additional seats in proportion to their in 1 list only
total number of votes is unconstitutional. The if he/she has given their consent in
2% threshold frustrates the attainment of the writing
permissive ceiling that 20% of the members of is not a candidate for any elective office
the HR shall consist of party-list representatives. or
has not lost his bid for an elective office
There are 2 steps in the second round of seat in the immediately preceding election
allocation: No change of names or alteration of the
order of nominees shall be allowed after the
1) The percentage of votes garnered by each same shall have been submitted to the
party-list candidate is multiplied by the COMELEC except where the nominee:
remaining available seats. The whole integer dies
of the product corresponds to a partys withdraws in writing his nomination or
share in the remaining available seats becomes incapacitated in which case
the name of the substitute nominee shall
Formula for remaining available seats = be placed last in the list
Guaranteed
Incumbent sectoral representatives in the
No. of seats available
to party-list seats of the two- HR who are nominated in the party-list
representatives percenters system shall not be considered resigned.
[Sec. 8, R.A. 7941]
POLITICAL LAW REVIEWER Chapter IV. PRE-ELECTION REQUIREMENTS
ELECTION LAW
prior to election or organization.
Effect of loss during Cannot sit Can run again
previous election
POLITICAL LAW REVIEWER Chapter V. ELECTION CAMPAIGN and EXPENDITURES
2. Campaign Period
Chapter V. Election Campaign and
Expenditures i. For President, Vice-President and Senators
- 90 days before the day of the election.
A. ELECTION CAMPAIGN ii. For Members of the HR and elective
1. ELECTION CAMPAIGN OR PARTISAN provincial, city and municipal officials - 45
POLITICAL ACTIVITY days before the day of the election. [Sec. 5,
2. CAMPAIGN PERIOD R.A. 7166]
3. LAWFUL ELECTION PROPAGANDA
4. PROHIBITED ACTS General rule: Any election campaign or
5. EQUAL ACCESS TO MEDIA TIME AND
SPACE
partisan political activity for or against any
6. ELECTION SURVEYS candidate outside of the campaign period is
7. RALLIES, MEETINGS AND OTHER prohibited and shall be considered as an
POLITICAL ACTIVITY election offense. [Sec. 80, B.P. 881]
B. ELECTION CONTRIBUTIONS AND Exception: Political parties may hold political
EXPENDITURES conventions to nominate their official 214
1. DEFINITIONS candidates within 30 days before the start of
ELECTION LAW
2. PROHIBITED CONTRIBUTIONS the period for filing a certificate of candidacy.
3. PROHIBITED FUND-RAISING ACTIVITIES [Sec. 15, R.A. 9369, Poll Automation Law]
4. LIMITATIONS ON EXPENSES
5. STATEMENT OF CONTRIBUTIONS AND
Prohibited campaigning days: It is unlawful
EXPENSES for any person to engage in an election
6. REQUISITES FOR PROHIBITED campaign or partisan political activity on:
DONATION Maundy Thursday
Good Friday
A. Election Campaign eve of Election Day and
Election Day [Sec. 3, COMELEC
1. Election Campaign or Partisan Political Resolution 8758]
Activity
An act designed to promote the election or PENERA VS COMELEC
defeat of a particular candidate or G.R. No. 181613, November 25. 2009
candidates to a public office. [Sec. 79, B.P.
881] Facts: On 11 September 2009, the SC affirmed
the COMELECs decision to disqualify Penera
Exclusions: as mayoralty candidate in Sta. Monica, Surigao
i. Acts performed for the purpose of del Norte, for engaging in election campaign
enhancing the chances of aspirants for outside the campaign period, in violation of Sec.
nomination for candidacy to a public 80 of B.P. 881. Penera moved for
office by a political party, aggroupment, reconsideration, arguing that she was not yet a
or coalition of parties. candidate at the time of the supposed premature
ii. Public expressions of opinions or campaigning, since under Sec. 15 of R.A. 9369
discussions of probable issues in a one is not officially a candidate until the start of
forthcoming election or on attributes or the campaign period.
criticisms of probable candidates
proposed to be nominated in a Issue: WON Peneras disqualification for
forthcoming political party convention. engaging in premature campaigning should be
[Sec. 79, B.P. 881] reconsidered.
Persons Prohibited from Campaigning: Held: At the time the supposed premature
i. Members of the board of election campaigning took place, Penera was not
inspections [Sec. 173, B.P. 881] officially a candidate albeit she already filed her
ii. Civil service officers or employees [Art. certificate of candidacy. Under Section 15 of
IX-B, Sec. 2 (4), Const.] R.A. 9369, a person who files his certificate of
iii. Members of the military [Art. XVI, Sec. candidacy is considered a candidate only at the
5 (3), Const.] start of the campaign period, and unlawful acts
iv. Foreigners, whether juridical or natural applicable to such candidate take effect only at
persons. the start of such campaign period. Thus, a
candidate is liable for an election offense only for
acts done during the campaign period, not
before. Before the start of the campaign period,
POLITICAL LAW REVIEWER Chapter V. ELECTION CAMPAIGN and EXPENDITURES
such election offenses cannot be committed and ii. Take part or influence in any manner
any partisan political activity is lawful. any election
iii. Contribute or make any expenditure in
connection with any election campaign
3. Lawful Election Propaganda or partisan political activity [Sec. 81,
i. Pamphlets, leaflets, cards, decals, stickers, B.P. 881]
or other written or printed materials not
larger than 8.5x14 inches For any person during the campaign period
to:
ii. Handwritten or printed letters urging voters i. Remove, destroy, obliterate or in any
to vote for or against any political party or manner deface or tamper with lawful
candidate election propaganda
ii. Prevent the distribution of lawful election
iii. Cloth, paper or cardboard posters, framed or propaganda [Sec. 83, B.P.881]
posted, not larger than 2x3 feet
Streamers not larger than 3x8 feet are For any candidate, political party, 215
allowed at a public meeting or rally or in organization or any person to:
ELECTION LAW
announcing the holding of such. May be i. Give or accept, directly or indirectly, free
displayed 5 days before the meeting or of charge, transportation, food or drinks
rally and shall be removed within 24 or things of value during the five hours
hours after such before and after a public meeting, on the
day preceding the election, and on the
iv. Paid advertisements in print or broadcast day of the election;
media ii. Give or contribute, directly or indirectly,
Bear and be identified by the reasonably money or things of value for such
legible or audible words political purpose (Sec. 89, B.P. 881)
advertisement paid for followed by the
true and correct name and address of Note: Sec. 85 Prohibited election
the candidate or party for whose benefit propaganda of B.P. 881 was repealed by
the election propaganda was printed or Sec. 14 R.A. 9006.
aired. [Sec. 4.1, R.A. 9006]
If the broadcast is given free of charge
by the radio or TV station, identified by 5. Equal Access to Media Time and Space
the words "airtime for this broadcast Print advertisements shall not exceed 1/4
was provided free of charge by" page, in broad sheet and 1/2 page in
followed by the true and correct name tabloids thrice a week per newspaper,
and address of the broadcast entity. magazine or other publications.
[Sec. 4.2, R.A. 9006]
Print, broadcast or outdoor Bona fide candidates and registered political
advertisements donated to the parties running for nationally elective office
candidate or political party shall not be are entitled to not more than 120 mins of
printed, published, broadcast or TV advertisement and 180 mins of radio
exhibited without the written acceptance advertisement whether by purchase or by
by said candidate or political party. donation.
Written acceptance must be attached
to the advertising contract and Bona fide candidates and registered political
submitted to the COMELEC within 5 parties running for locally elective office are
days after its signing. [Sec. 4.3, R.A. entitled to not more than 60 mins of TV
9006, cf. Sec. 6.3, R.A. 9006] advertisement and 90 mins of radio
v. All other forms of election propaganda not advertisement whether by purchase or by
prohibited by the Omnibus Election Code or donation.
the Fair Election Act of 2001. [Sec. 3, R.A.
9006, The Fair Election Act] Broadcast stations or entities are required to
submit copies of their broadcast logs and
certificates of performance to the COMELEC
4. Prohibited Acts for the review and verification of the
frequency, date, time and duration of
For any foreigner to:
advertisement broadcast for any candidate
i. Aid any candidate or political party,
or political party.
directly or indirectly
POLITICAL LAW REVIEWER Chapter V. ELECTION CAMPAIGN and EXPENDITURES
ELECTION LAW
volunteer for or employed or retained in any or municipal building, and the receipt thereof
capacity by any candidate or political party acknowledged in writing.
shall:
Applications must be acted upon in writing
be deemed resigned, if so required by
by local authorities concerned within 3 days
their employer or
after their filing. If not acted upon within said
take a leave of absence from his/her period, deemed approved.
work as such during the campaign
period The only justifiable ground for denial of the
application is when a prior written
No movie, cinematograph or documentary application by any candidate or political
shall be publicly exhibited in a theater, party for the same purpose has been
television station or any public forum during approved.
the campaign period which:
portrays the life or biography of a Denial of any application for said permit is
candidate appealable to the provincial election
is portrayed by an actor or media supervisor or to the COMELEC whose
personality who is himself a candidate. decision shall be made within 48 hours and
[Sec. 6, R.A. 9006] which shall be final and executory. [Sec. 87,
B.P. 881)]
7. Election Surveys
B. Election Contributions and
The measurement of opinions and
perceptions of the voters as regards a
Expenditures
candidate's popularity, qualifications, 1. Definitions
platforms or a matter of public discussion in
relation to the election, including voters' Contribution: gift, donation, subscription,
preference for candidates or publicly loan, advance or deposit of money or
discussed issues during the campaign anything of value, or a contract, promise or
period. agreement to contribute
WON legally enforceable
Surveys affecting national candidates shall made for influencing the results of the
not be published 15 days before an election elections
and surveys affecting local candidates shall excludes services rendered without
not be published 7 days before an election. compensation by individuals
volunteering their time in behalf of a
Exit polls may only be taken subject to the candidate or political party
following requirements: includes the use of facilities voluntarily
i. Pollsters shall not conduct their surveys donated by other persons, the money
within 50m from the polling place, value of which can be assessed based
whether said survey is taken in a home, on the rates prevailing in the area. [Sec.
dwelling place and other places 94, B.P. 881]
POLITICAL LAW REVIEWER Chapter V. ELECTION CAMPAIGN and EXPENDITURES
Lotteries
Expenditures: payment of money or Cockfights
anything of value or a contract, promise or Games
agreement to make an expenditure Boxing bouts
for the purpose of influencing the results Bingo
of the election Beauty contests
includes the use of facilities personally Entertainments, or cinematographic,
owned by the candidate, the money theatrical or other performances
value of the use of which can be For any person or organization, civic or
assessed based on the rates prevailing religious, directly or indirectly, to solicit
in the area. [Sec. 94, B.P. 881] and/or accept from any candidate or from
his campaign manager, agent or
2. Prohibited Contributions representative, or any person acting in their
behalf, any gift, food, transportation,
i. From Public or private financial institutions
Unless:
contribution or donation in cash or in kind 217
from the start of the election period up to
the financial institutions are legally
ELECTION LAW
and including election day
in the business of lending money
Except: normal and customary religious
the loan is made in accordance with
stipends, tithes, or collections on
laws and regulations AND
Sundays and/or other designated
the loan is made in the ordinary collection days [Sec. 97, B.P. 881]
course of business
ii. Natural and juridical persons operating a
public utility or in possession of or exploiting 4. Limitations on Expenses
any natural resources of the nation
For Candidates
iii. Natural and juridical persons who hold
President and VP: P10 for every voter
contracts or sub-contracts to supply the
currently registered
government or any of its divisions,
subdivisions or instrumentalities, with goods Other candidates: P3 for every voter
or services or to perform construction or currently registered in the constituency
other works where he filed his certificate of
iv. Grantees of franchises, incentives, candidacy
exemptions, allocations or similar privileges Candidates Without a Political Party: P5 for
or concessions by the government or any of every voter
its divisions, subdivisions or
instrumentalities, including GOCCs For Political Parties: P5 for every voter
v. Grantees, within 1 year prior to the date of currently registered in the constituency or
the election, of loans or other constituencies where it has official
accommodations in excess of P100,000 by candidates [Sec. 13, R.A. 7166, Act
the government or any of its divisions, Providing for Synchronized National and
subdivisions or instrumentalities including Local Elections and Electoral Reforms]
GOCCs
vi. Educational institutions which have received
5. Statement of Contributions and
grants of public funds amounting to no less
than P100,000 Expenses
vii. Officials or employees in the Civil Service, or Every candidate and treasurer of the political
members of the Armed Forces of the party shall file:
Philippines in duplicate with the COMELEC
viii. Foreigners and foreign corporations, the full, true and itemized statement of
including foreign governments. [Sec. 95 and all contributions and expenditures in
96, B.P. 881] connection with the election
within 30 days after the day of the
3. Prohibited Fund-raising Activities election
Effect of failure to file statement:
The following are prohibited if held for No person elected to any public offices
raising campaign funds or for the support of shall enter upon the duties of his office
any candidate from the start of the election until he has filed the statement of
period up to and including election day: contributions and expenditures
Dances
POLITICAL LAW REVIEWER Chapter V. ELECTION CAMPAIGN and EXPENDITURES
ELECTION LAW
donation, contribution or gift in cash or in
kind
undertake or contribute to the
construction or repair of roads, bridges,
school buses, puericulture centers,
medical clinics and hospitals, churches
or chapels cement pavements, or any
structure for public use or for the use of
any religious or civic organization.
Exceptions:
Normal and customary religious dues or
contributions
Periodic payments for legitimate
scholarships established and school
contributions habitually made before the
prohibited period [Sec. 104, B.P. 881]
POLITICAL LAW REVIEWER Chapter VI. ELECTION PROPER
ELECTION LAW
E. CANVASS(ING OF VOTES)
1. DEFINITIONS B.P. 881]
2. COMPOSITION OF BOARD OF
CANVASSERS When: on a date reasonably close to the
3. PROHIBITION ON BOC date of the election not held, suspended or
4. CANVASS BY THE BOC which resulted in a failure to elect
5. CERTIFICATE OF CANVASS AND
but not later than 30 days after the
STATEMENT OF VOTES
6. PROCLAMATION cessation of the cause of such
postponement or suspension of the
election or failure to elect. [Sec. 6, B.P.
A. In General 881]
1. What Constitutes an Election
Plurality of votes sufficient for: 3. Postponement of Elections
a choice conditioned on the plurality of Grounds:
valid votes or i. Violence
a valid constituency regardless of the ii. Terrorism
actual number of votes cast. iii. Loss or destruction of election
paraphernalia or records
2. Failure of Elections iv. Force majeure
v. Other analogous cause of such a nature
Grounds: in any of such cases the failure or that the holding of a free, orderly and
suspension of election must affect the result honest election becomes impossible in
of the election any political subdivision. [Sec. 5, B.P.
i. Election in any polling place has not 881]
been held on the date fixed due to
force majeure, violence, terrorism, fraud, The COMELEC shall postpone the election
or other analogous causes. therein motu proprio or upon a verified
ii. Election in any polling place had been petition by any interested party and after due
suspended before the hour fixed for notice and hearing.
the closing of the voting due to force Decided en banc by a majority vote of
majeure, violence, terrorism, fraud, or its members. [Sec. 4, R.A. 7166]
other analogous causes.
iii. After the voting and during the When: on a date reasonably close to the
preparation and transmission of the date of the election not held, suspended or
election returns or in the custody or which resulted in a failure to elect
canvass thereof such election results but not later than 30 days after the
in a failure to elect due to force cessation of the cause of such
majeure, violence, terrorism, fraud or postponement or suspension of the
other analogous causes. [Sec. 6, B.P. election or failure to elect. [Sec. 5, B.P.
881] 881]
ELECTION LAW
Res. 8739]
[Sec. 4, R.A. 7166]
Prohibitions:
No member of the Board shall engage in
B. Board of Election Inspectors any partisan political activity or take part
in the election except to discharge his
Constituted by COMELEC for each precinct duties as such and to vote. [Sec. 173,
at least 30 days before the date when the BP 881]
voters list is to be prepared (regular No member of the Board shall, before
election) or 15 days before a special the termination of the voting, make any
election. announcement as to whether a certain
registered voter has already voted or
Composition: not, as to how many have already voted
Chairman, poll clerk and member or how many so far have failed to vote,
All of whom shall be public school or any other fact tending to show or
teachers, with priority given to those showing the state of the polls, nor shall
with permanent appointments he make any statement at any time as
If there are not enough public school to how any person voted, except as
teachers, the following may be witness before a court. [Sec. 205, BP
appointed, provided that the Chairman 881]
shall be a public school teacher:
i. teachers in private schools
ii. employees in the civil service or C. Casting of Votes
iii. citizens of known probity and
competence who are registered 1. Voting Hours
voters of the city or municipality The voting period is from 7AM to 6PM.
at least 1 member shall be an IT- However, if after 6PM there are still voters
capable person as certified by the within 30 meters from the polling place who
DOST after the training of the same. have yet to cast their votes, such voters may
[Art. 1, Sec. 1, COMELEC Res. 8739] still be allowed to vote. [Art. IV, Sec. 21,
Comelec Res. 8739]
Disqualification: He or his spouse is related
th
within the 4 civil degree of consanguinity or
affinity to any member of the Board, or to 2. Voting
any candidate to be voted for or to the
latters spouse. [Art. 1, Sec. 3, Comelec Manner of voting:
Res. 8739] i. Using a ballot secrecy folder and the
marking pen provided by the
Powers: COMELEC, fill his ballot by fully shading
i. Conduct the voting in the polling place the oval beside the names of the
and administer the electronic counting of candidates and political party of his
votes choice.
ii. Print the election returns and transmit
POLITICAL LAW REVIEWER Chapter VI. ELECTION PROPER
ii. The voter shall approach the PCOS, viii. Disrupt or attempt to disrupt the normal
insert his ballot in the ballot entry slot operation of the Precinct Count Optical
and wait until the ballot is dropped into Scan (PCOS). [Art. IV, Sec. 29,
the ballot box. COMELEC Res. 8739]
iii. The BEI shall monitor the PCOS screen
to make sure that the ballot was Preparation of ballots for illiterates and
successfully accepted. disabled persons:
iv. The chairman shall apply indelible ink at i. No voter shall be allowed to vote as an
the right forefinger nail of the voter, or illiterate or as a physically disabled
any other nail if there be no forefinger unless it is so indicated in his
nail. registration record.
v. The voter shall affix his thumbmark on ii. He may be assisted in the preparation of
the corresponding space in the Voters his ballot by:
List. [Art. V, Sec. 35, Comelec Res. A relative by affinity or
th
8739] consanguinity within the 4 civil
degree 221
Rejected ballots: Any person of his confidence who
ELECTION LAW
In the event of a rejected ballot, the belongs to the same household
voter shall be allowed to re-insert the Any member of the board of election
ballot. If the PCOS still rejects the ballot, inspectors.
the voter shall return the ballot to the iii. In no case shall an assistor assist more
Chairman who shall: than 3 times, except the members of the
i. Distinctly mark the back thereof as BEI.
Rejected iv. The person assisting shall:
ii. Require all members of the BEI to Prepare the ballot using a ballot
sign at the back thereof, and place secrecy folder
inside the Envelope for Rejected Bind himself in writing and under oath
Ballots. to fill the ballot strictly in accordance
No replacement ballot shall be issued to with the instructions of the voter and
a voter whose ballot is rejected by the not to reveal the contents thereof.
PCOS. v. A person with physically impaired
Any party objecting to the rejection of capacity to use the AES may also be
the ballot shall reduce his objection in assisted in feeding his ballot into the
writing, which the board shall attach and PCOS. The assistor shall ensure that
note in the Minutes. [Art. V, Sec. 36, the contents of the ballot are not
COMELEC Res. 8739] displayed during the feeding of the
same into the PCOS. [Art. IV, Sec. 30,
No voter shall be allowed to: Comelec Res. 8739]
i. Bring the ballot, ballot secrecy folder or
marking pen outside of the polling place 3. Challenge of Illegal Voters
ii. Speak with anyone other than as herein
provided while inside the polling place Any voter or watcher may challenge any
iii. Prepare his ballot without using the person offering to vote for:
ballot secrecy folder or exhibit its i. not being registered
contents ii. using the name of another
iv. Fill his ballot accompanied by another, iii. suffering from existing disqualification
except in the case of an illiterate or
person with disability/disabled voter In such case, the board of election
v. Erase any printing from the ballot, or put inspectors shall satisfy itself as to whether or
any distinguishing mark on the ballot not the ground for the challenge is true by
vi. Use carbon paper, paraffin paper or requiring proof of registration, identity or
other means of making a copy of the qualification of the voter. [Sec. 199, B.P.
contents of the ballot, or otherwise make 881]
use of any other scheme to identify his
vote, including the use of digital
4. Challenge based on certain illegal acts
cameras, cellular phones with camera or
similar gadgets Any voter or watcher may challenge any
vii. Intentionally tear or deface the ballot voter offering to vote on the ground that he:
POLITICAL LAW REVIEWER Chapter VI. ELECTION PROPER
ELECTION LAW
official authorized by COMELEC shall,
the challenge shall be dismissed and the in the presence of watchers and
voter allowed to vote, but in case of his representatives of the accredited
refusal to take such oath, challenge shall be citizen's arm, political
sustained and he shall not be allowed to parties/candidates, if any, electronically
vote. [Sec. 200, B.P. 881] transmit the precinct results to:
i. the respective levels of board of
canvasser
D. Counting of Votes ii. to the dominant majority and
minority party
1. Counting Proper iii. to the accredited citizen's arm and
Unless otherwise ordered by the iv. Kapisanan ng mga Broadcasters ng
COMELEC, the BEI shall not stop or Pilipinas (KBP) [Sec. 19, R.A. 9369]
postpone the counting until it has been
completed.
the PCOS shall automatically count the E. Canvassing of Votes
votes
After all the votes have been counted, the 1. Definitions
PCOS shall automatically print 30 copies of Canvass - the process by which the results
the Election Returns for the national and in the election returns are tallied and
local positions. [Art. V, Sec. 38, Comelec totalled.
Res. 8739] Certificates of canvass - official tabulations
of votes accomplished by district, municipal,
2. Election Returns city and provincial canvassers based on the
election returns, which are the results of the
A document in electronic and printed form ballot count at the precinct level.
directly produced by the counting or voting
machine. [Sec. 2(4), R.A. 9369]
Contents:
the date of the election
the province, municipality and the
precinct in which it is held and
the votes in figures for each candidate
[Sec. 2(4), R.A. 9369]
Announcement of results:
POLITICAL LAW REVIEWER Chapter VI. ELECTION PROPER
ELECTION LAW
In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of
any of the members, COMELEC may appoint the following as substitutes, in the order named:
ELECTION LAW
canvass, the President of the Senate [Sec. 21, R.A. 7166]
shall, not later than 30 days after the
c. Election resulting in a tie: BOC, by
day of the election, open all the
resolution, upon 5 days notice to all tied
certificates in the presence of the
candidates, shall hold a special public
Senate and the House of
meeting at which the board shall proceed to
Representatives in joint public session.
the drawing of lots of tied candidates and
Congress upon determination of the shall proclaim as elected the candidates
authenticity and the due execution who may be favored by luck. [Sec. 240, B.P.
thereof in the manner provided by law 881]
shall:
There is a tie when:
i. canvass all the results for president
2 or more candidates receive an
and vice-president and
equal and highest number of votes;
ii. proclaim the winning candidates.
or
[Sec. 22, R.A. 9369]
2 or more candidates are to be
National BOC for Senators and Party-List
elected for the same position and 2
Representatives
or more candidates received the
Composition: The chairman and same number of votes for the LAST
members of the COMELEC sitting en PLACE in the number to be elected.
banc
It shall canvass the results by d. Proclamation of a lone candidate: Upon the
consolidating the certificates of canvass expiration of the deadline for the filing of
electronically transmitted. Thereafter, certificates of candidacy in a special election
the national board shall proclaim the called to fill a vacancy in an elective position
winning candidates for senators and other than for President and VP, when there
party-list representatives. [Sec. 23, R.A. is only 1 qualified candidate, he shall be
9369] proclaimed elected without holding the
special election upon certification by the
COMELEC that he is the only candidate for
6. Proclamation
the office and is therefore deemed elected.
Proclamation shall be after the canvass of [Sec. 2, R.A. 8295, Law on Proclamation
election returns, in the absence of a of Solo Candidates]
perfected appeal to the COMELEC, proclaim
the candidates who obtained the highest
number of votes cast in the province, city,
municipality or barangay, on the basis of the
certificates of canvass.
Failure to comply with this duty constitutes
an election offense. [Sec. 231, B.P. 881]
POLITICAL LAW REVIEWER Chapter VII. MODES of CHALLENGING CANDIDACY and ELECTION RESULTS
ELECTION LAW
8. EFFECT OF PROCLAMATION OF 2. When Not Allowed
WINNING CANDIDATE
9. PETITION TO ANNUL/SUSPEND For the positions of President, VP, Senator, and
PROCLAMATION Member of the House of Representatives [Sec.
10. DECLARATION OF FAILURE OF 15, R.A. 7166]
ELECTION
C. DISQUALIFICATION CASES
1. PROCEDURE 3. Nature of Proceedings
2. EFFECT
Heard summarily by the COMELEC after due
notice and hearing. This is because canvass and
A. Cancellation of Certificate of proclamation should be delayed as little as
Candidacy possible.
1. Grounds
i. False material representation in the 4. Issues That May Be Raised
certificate of candidacy; This enumeration is restrictive and
ii. If the certificate filed is a substitute exclusive:
Certificate of Candidacy, when it is not a i. Illegal composition or proceedings of the
proper case of substitution under Sec. 77 board of election canvassers;
of BP 881. ii. Canvassed election returns are either:
Incomplete;
2. Nature of Proceedings Contain material defects;
Appear to be tampered with or
Summary falsified;
Contain discrepancies in the same
3. Procedure returns or in other authentic copies;
iii. The election returns were:
Who may file: any citizen of voting age, or a a) Prepared under duress, threats,
duly registered political party, organization, coercion, intimidation or
or coalition of political parties b) Obviously manufactured or not
When filed: Within 5 days from the last day authentic
for the filing of certificates of candidacy iv. Substituted or fraudulent returns in
Where filed: With the Law Department of the controverted polling places were
COMELEC canvassed, the results of which
materially affected the standing of the
aggrieved candidate(s).
B. Pre-Proclamation Controversies v. Manifest errors in the Certificates of
(asked in 1987, 1988, 1996) Canvass or Election Returns [Sec. 15,
R.A. 7166; Chavez v. COMELEC]
Any question or matter pertaining to or affecting:
the proceedings of the board of canvassers,
or
POLITICAL LAW REVIEWER Chapter VII. MODES of CHALLENGING CANDIDACY and ELECTION RESULTS
ELECTION LAW
above is fatal to the pre-proclamation
vi. Fraud, terrorism and other illegal electoral
petition.
practices. These are properly within the
office of election contests over which
electoral tribunals have sole, exclusive 7. Effect of Filing of Pre-Proclamation
jurisdiction. [Loong v. Comelec, (1992)] Controversy
The period to file an election contest
6. Procedure shall be suspended during the pendency of
a. Questions involving the composition or the pre-proclamation contest in the
proceedings of the board of canvassers, or COMELEC or the Supreme Court.
correction of manifest errors The right of the prevailing party in the pre-
Where: proclamation contest to the execution of
Either in the Board of Canvassers or directly COMELECs decision does not bar the
with the COMELEC. [Sec. 17, R.A. 7166] losing party from filing an election
contest.
When:
1. a petition involves the illegal Despite the pendency of a pre-proclamation
composition or proceedings of the contest, the COMELEC may order the
board, must be filed immediately when proclamation of other winning
the board begins to act as such candidates whose election will not be
[Laodeno v. Comelec], or at the time of affected by the outcome of the controversy.
the appointment of the member whose
capacity to sit as such is objected to if it 8. Effect of Proclamation of Winning
comes after the canvassing of the Candidate
board, or immediately at the point where
the proceedings are or begin to be General rule: A pre-proclamation
illegal. Otherwise, by participating in the controversy shall no longer be viable after
proceedings, the petitioner is deemed to the proclamation and assumption into office
have acquiesced in the composition of by the candidate whose election is
the BOC. contested. The remedy is an election
protest before the proper forum.
2. If the petition is for correction, it must be
filed not later than 5 days following the Exceptions: The prevailing candidate may
date of proclamation, and must implead still be unseated even though he has been
all candidates who may be adversely proclaimed and installed in office if:
affected thereby. [Sec. 5(b), Rule 27, The opponent is adjudged the true
COMELEC Rules of Procedure] winner of the election by final judgment
of court in an election contest;
The prevailing party is declared
ineligible or disqualified by final
judgment of a court in a quo warranto
case; or
POLITICAL LAW REVIEWER Chapter VII. MODES of CHALLENGING CANDIDACY and ELECTION RESULTS
ELECTION LAW
judgment to be disqualified shall not be voted
It is neither an election protest nor a pre- for, and the votes cast for him shall not be
proclamation controversy. [Borja v. counted. The fact that the candidate who
Comelec, (1998)] obtained the highest number of votes is later
declared to be disqualified or not eligible for the
Jurisdiction: COMELEC, sitting en banc,
office to which he was elected, does not
may declare a failure of election by a necessarily entitle the candidate who
majority vote of its members. obtained the second highest number of votes
Requisites: The following conditions must to be declared the winner of the elective
concur: office.
a. No voting has taken place in the
precincts concerned on the date fixed by
law, or even if there was voting, the
election nonetheless resulted in a failure
to elect; and
b. The votes cast would affect the results
of the election.
Procedure:
1) Petitioner files verified petition with the
Law Department of the COMELEC.
2) Unless a shorter period is deemed
necessary by circumstances, within 24
hours, the Clerk of Court concerned
serves notices to all interested parties,
indicating therein the date of hearing,
through the fastest means available.
3) Unless a shorter period is deemed
necessary by the circumstances, within
2 days from receipt of the notice of
hearing, any interested party may file an
opposition with the Law Department of
the COMELEC.
4) The COMELEC proceeds to hear the
petition. The COMELEC may delegate
the hearing of the case and the
reception of evidence to any of its
officials who are members of the
Philippine Bar.
5) The COMELEC then decides whether to
grant or deny the petition. This lies
within the exclusive prerogative of the
COMELEC.
POLITICAL LAW REVIEWER Chapter VIII. ELECTION OFFENSES
ELECTION LAW
10. PENALTIES misrepresentation of a disqualified or
E. ARRESTS IN CONNECTION WITH ELECTION nuisance candidate [Sec. 27f, R.A. 6646];
CAMPAIGN 3) Coercing, bribing, threatening,
F. PRESCRIPTION harassing, intimidating, terrorizing, or
G. PROHIBITED ACTS UNDER R.A. 9369 actually causing, inflicting or producing
violence, injury, punishment, torture,
A. Jurisdiction over Election Offenses damage, loss or disadvantage to
RTCs have exclusive original jurisdiction to discourage any other person or persons
try and decide any criminal actions or from filing a certificate of candidacy in
proceedings for violation of election laws. order to eliminate all other potential
[Sec. 268, B.P. 881] candidates from running in a special election
[Sec. 5, R.A. 8295]
offered, promised or given money, 7) Construction of public works, etc. during the
valuable consideration or other prohibited period (Sec. 261w, B.P. 881)
expenditure by a candidate's relatives, 8) Suspension of elective local officials during
leaders and/or sympathizers for the purpose the election period without prior approval of
of promoting the election of such candidate. the COMELEC (Sec. 261x, B.P. 881)
(Sec. 28, R.A. 6646)
3) Coercion of subordinates to vote for or
against any candidate (Sec. 261d, B.P. 881)
8. Coercion, Intimidation, Violence
4) Dismissal of employees, laborers, or 1) Coercion of election officials and employees
tenants for refusing or failing to vote for any 2) Threats, intimidation, terrorism, use of
candidate (Sec. 261d(2), B.P. 881) fraudulent devices or other forms of coercion
5) Being a flying voter (Sec. 261z (2), B.P. (Sec. 261e, B.P. 881)
881) 3) Use of undue influence (Sec. 261j, B.P.
881)
4) Carrying deadly weapons within the
5. Counting of Votes
prohibited area (Sec. 261p, B.P. 881)
229
ELECTION LAW
1) Tampering, increasing, decreasing votes, or 5) Carrying firearms outside residence or place
refusal to correct tampered votes after of business (Sec. 261q, B.P. 881)
proper verification and hearing by any 6) Organization or maintenance of reaction
member of the board of election inspectors forces, strike forces, or similar forces during
[Sec. 27b, R.A. 6646] the election period (Sec. 261u, B.P. 881)
A special election offense to be known
as electoral sabotage and the penalty to
be imposed shall be life imprisonment.
9. Other Prohibitions
[Sec. 42, RA 9369] 1) Unauthorized printing of official ballots and
2) Refusal to issue to duly accredited watchers election returns with printing establishments
the certificate of votes cast and the that are not under contract with the
announcement of the election, by any COMELEC (Sec. 27a, R.A. 6646)
member of the board of election inspectors 2) Wagering upon the results of elections (Sec.
[Sec. 27c, R.A. 6646] 261c, B.P. 881)
3) Sale, etc. of intoxicating liquor on the day
fixed by law for the registration of voters in
6. Canvassing
the polling place, or the day before the
Any chairperson of the board of canvassers election or on election day (Sec. 261dd (1),
who fails to give notice of meeting to B.P. 881)
other members of the board, candidate or 4) Opening booths or stalls within 30 meters of
political party as required (Sec. 27e, R.A. any polling place (Sec, 261dd (2), B.P. 881)
6646) 5) Holding fairs, cockfights, etc. on election day
(Sec. 261dd (3), B.P. 881)
6) Refusal to carry election mail during the
7. Acts of Government or Public Officers election period (Sec. 261dd (4), B.P. 881).
1) Appointment of new employees, creation of In addition to the prescribed penalty, such
new positions, promotion, or giving salary refusal constitutes a ground for cancellation
increases within the election period (Sec. or revocation of certificate of public
261g, B.P. 881) convenience or franchise.
2) Transfer of officers and employees in the 7) Discrimination in the sale of air time (Sec.
civil service within the election period 261dd (5), B.P. 881) In addition to the
without the prior approval of the COMELEC prescribed penalty, such refusal constitutes
(Sec. 261h, B.P. 881) a ground for cancellation or revocation of the
3) Intervening of public officers and employees franchise.
in the civil service in any partisan political
Good faith is not a defense, as election
activity (Sec. 261i, B.P. 881)
offenses are generally mala prohibita.
4) Use of public funds for an election campaign
(Sec. 261o, B.P. 881)
5) Illegal release of prisoners before and after 10. Penalties
election (Sec. 261n, B.P. 881)
6) Release, disbursement or expenditure of For individuals
public funds during the prohibited period Imprisonment of not less than 1 year but
(Sec. 261v, B.P. 881) not more than 6 years, without probation
POLITICAL LAW REVIEWER Chapter VIII. ELECTION OFFENSES
ELECTION LAW
the prohibited period, where such prisoners
commit any act of intimidation, terrorism or 7. The failure to post the voters' list within the
interference in the election, prison mayor in specified time, duration and in the
its maximum period. [Sec. 264, B.P. 881] designated location shall constitute an
election offense on the part the election
officer concerned."
E. Arrests in Connection with Election PENALTY
Campaign i. imprisonment of 8 years and one day to
12 years without possibility of parole
Only upon a warrant of arrest issued by a ii. perpetual disqualification to hold public
competent judge after all the requirements and any non-elective public office and
of the Constitution have been strictly iii. deprivation of the right of suffrage.
complied with.
Exception: Those convicted of the crime of
electoral sabotage, which includes acts or
F. Prescription offenses committed in any of the following
instances:
5 years from the date of their commission. If the
discovery of the offense be made in an election National elective office:
contest proceeding, the period of prescription a. When the tampering, increase
shall commence on the date on which the and/or decrease of votes
judgment in such proceedings becomes final perpetrated or the refusal to credit
and executory. [Sec. 267, B.P. 881] the correct votes or to deduct
tampered votes
b. is/are committed in the election of a
G. Prohibited Acts Under R.A. 9369 national elective office which is
voted upon nationwide and
c. the tampering, increase and/ or
1. Utilizing without authorization, tampering
decrease votes refusal to credit the
with, damaging, destroying or stealing:
correct votes or to deduct tampered
i. Official ballots, election returns, and
votes, shall adversely affect the
certificates of canvass of votes used in
results of the election to the said
the system; and
national office to the extent that
ii. Electronic devices or their components,
losing candidate/s is /are made to
peripherals or supplies used in the AES
appear the winner/s;
such as counting machine, memory
pack/diskette, memory pack receiver
and computer set
2. Interfering with, impeding, absconding for
purpose of gain, preventing the installation
or use of computer counting devices and the
processing, storage, generation and
POLITICAL LAW REVIEWER Chapter VIII. ELECTION OFFENSES
ELECTION LAW
increase/s and/ or decrease/s of votes
perpetuated or in cases of refusal to
credit the correct votes or deduct the
tampered votes, where the total votes
involved exceed 10,000 votes
the most important characteristic which sense, a right to his office. If that right is to
distinguishes an office from an employment be taken away by statute, the terms
is that: should be clear. [Segovia v. Noel (1925)]
the creation and conferring of an office
involves a delegation to the individual of
8. Public Office is not Property.
some of the sovereign functions of
government, to be exercised by him for A public office is not the property of the
the benefit of the public, and public officer within the meaning of the due
that the same portion of the sovereignty process clause of the non-impairment of the
of the country, either legislative, obligation of contract clause of the
executive or judicial, attached, for the Constitution.
time being, to be exercised for the public It is a public trust/agency. Due process
benefit. is violated only if an office is considered
Unless the powers so conferred are of this property. However, a public office is not
nature, the individual is not a public officer. property within the constitutional
[Laurel v. Desierto (2002)] guaranties of due process. It is a
public trust or agency. As public
officers are mere agents and not rulers
6. Public Office v. Public Contract
of the people, no man has a proprietary 236
Public Office Public Contract or contractual right to an office.
A public office is neither property nor a Legislature should Validly Delegate the
public contract. Yet the incumbent has, in a Power to Create a Public Office
POLITICAL LAW REVIEWER Chapter I. PUBLIC OFFICE and OFFICERS
Or else, the office is inexistent. The carries with it the power to abolish it.
Presidents authority to "reorganize [Ocampo v. Sec. of Justice (1955)]
within one year the different executive
departments, bureaus and other Is Abandonment equivalent to Abolition?
instrumentalities of the Government" in When a public official voluntarily accepts an
order to promote efficiency in the public appointment to an office newly created by
service is limited in scope and cannot be law -- which new office is incompatible
extended to other matters not embraced with the former -- he will be considered to
therein. [UST v. Board of Tax Appeals have abandoned his former office.
(1953)] Except when the public official is
Therefore, an executive order constrained to accept because the non-
depriving the Courts of First Instance of acceptance of the new appointment would
jurisdiction over cases involving affect public interest. (no abandonment)
recovery of taxes illegally collected is [Zandueta v. De La Costa (1938)]
null and void, as Congress alone has
the "power to define, prescribe and 12. Estoppel in Denying Existence of
apportion the jurisdiction of the various Office
courts." [Art. VIII sec. 2, 1987
Constitution] A person is estopped from denying that he 237
has occupied a public office when he has
De Jure De Facto
Requisites A de jure office exists; De jure office;
He is legally qualified for the office; He assumed office under color of right or
general acquiescence by the public;
He is lawfully chosen to such office;
He actually and physically possessed
He undertakes to perform the duties of the office in good faith.
such office according to laws prescribed
mode.
Basis of Right: Reputation: He possesses office and
Authority He has the lawful right / title to the office performs its duties under color of right,
but he is not technically qualified to act
in all points of law
How ousted Cannot be ousted. In a direct proceeding (quo warranto);
( collaterally) 240
Validity of official Valid, subject to exceptions (e.g., acting Valid as to the public until his title to the
De Facto Intruder
Nature He becomes officer under any of the 4 He possesses office and performs
circumstances discussed under Part II official acts without actual or apparent
(above). authority.
Basis of authority Color of right or title to office None. Neither lawful title nor color of
right to office.
Validity of Valid as to the public until his title to the Absolutely void; His acts can be
"official" acts office is adjudged insufficient impeached at any time in any
proceeding (unless and until he
continues to act for a long time, creating
a presumption of his right to act) (De
Leon, 119)
Rule on Entitled to receive compensation only Not entitled to compensation at all.
compensation when no de jure officer is declared and
only for actual services rendered.
d. Known appointment or election pursuant RULE: A de facto officers and his acts
to an unconstitutional law before validity cannot be collaterally questioned
declaration of unconstitutionality (in proceedings where he is not a party, or
were not instituted to determine the very
Who are NOT considered De Facto question).
Officers? REMEDY: Quo warranto proceedings
A judge who has accepted an filed by:
appointment as finance secretary and The person claiming entitlement
yet renders a decision after his to the office;
acceptance: if he has ceased to be The Republic of the Philippines
judge by actually accepting and entering (represented by the Solicitor-
into some other office and has actually General or a public prosecutor).
entered upon the performance of the
duties of the other office, it is difficult to 6. Liabilities of De Facto Officers
understand how he can still be
considered as actually occupying and (De Leon, 130-131)
performing the duties of the office which A de facto officer generally has the same
he had abandoned and vacated. An degree of liability in accountability for official
abandonment and a vacation of an acts like a de jure officer. 241
office is inconsistent and repugnant The de facto officer may be liable for all
Not candidates for any elective position ineligible (i.e. disqualified from holding such
in election immediately preceding office).
appointment.
Authority: The legislature has the right to
Practice of Law defined. Practice of law prescribe disqualifications in the same
means any activity, in or out of court, manner that it can prescribe qualifications,
which requires the application of law, provided that the prescribed disqualifications
legal procedure, knowledge, training and do not violate the Constitution.
experience. Generally, to practice law is to
give notice or render any kind of service General Constitutional Disqualifications
which requires the use in any degree of 1. Losing candidates cannot be appointed
legal knowledge or skill. [Cayetano v. to any governmental office within one
Monsod (1991)] year after such election. (Art. IX-B Sec.
6)
In the dissenting opinion of Justice Padilla in 2. Elective officials during their tenure are
the case of Cayetano v. Monsod, citing ineligible for appointment or designation
Agpalo, he stated that engaging in the in ANY capacity to ANY public office or
practice of law presupposes the existence of position (Art. IX-B Sec. 7(1))
lawyer-client relationship. Hence, where a 3. Appointive officials shall not hold any 245
lawyer undertakes an activity which requires other governmental position.
4. Citizenship
Aliens not eligible for public office.
The purpose of the citizenship requirement
is to ensure that no alien, i.e., no person
POLITICAL LAW REVIEWER Chapter III. FORMATION of OFFICIAL RELATION
owing allegiance to another nation, shall The exercise of the power to transfer,
govern our people and country or a unit of reinstate, reemploy or certify is widely used
territory thereof. [Frivaldo v. COMELEC (need not state reason)
(1996)]
To hold that the Civil Service Law requires
filling up any vacancy by promotion, transfer,
5. Effect of Removal of Qualifications reinstatement, reemployment, or certification
During the Term IN THAT ORDER would be tantamount to
legislative appointment which is repugnant
Termination from office.
to the Constitution. What it does purport to
say is that as far as practicable the
6. Effect of Pardon upon the person next in rank should be promoted,
Disqualification to Hold Public Office otherwise the vacancy may be filled by
transfer, reinstatement, reemployment or
(Asked in 1999) certification, as the appointing power sees
GENERAL RULE: Pardon will not restore fit, provided the appointee is certified to be
the right to hold public office. (Art. 36, qualified and eligible. [Pineda v. Claudio
Revised Penal Code) (1969)]
EXCEPTIONS: 251
Promotion of next-in-rank career officer is
When the pardons terms expressly
o No commission of delinquency
or misconduct, and is not
separated.
Same effect as Executive
Clemency, which completely
obliterates the adverse effects of the
administrative decision which found
him guilty of dishonesty. He is
restored ipso facto upon grant of
such. Application for reinstatement
= unnecessary.
ACADEMICS COMMITTEE
I. Nature and Status
Kristine Bongcaron
Michelle Dy A. Definition
Patrich Leccio
Editors-in-Chief A Local Government Unit (LGU) is a political
subdivision of the State which is constituted by
PRINTING & DISTRIBUTION law and possessed of substantial control over its
Kae Guerrero own affairs. Remaining to be an intra sovereign
DESIGN & LAYOUT
subdivision of a sovereign nation, but not 258
intended to be an imperium in imperio, the LGU
Dahlia Salamat
B. Dual Nature
LOGISTICS
Sec. 15, LGC. Every LGU created or recognized
Charisse Mendoza under this Code is a body politic and
corporate endowed with powers to be exercised
SECRETARIAT COMMITTEE
by it in conformity with law. As such, it shall
Jill Hernandez exercise powers as a political subdivision of the
Head national government and as a corporate entity
Loraine Mendoza Faye Celso representing the inhabitants of its territory.
Mary Mendoza Joie Bajo
Members
The obligations of the old City of Manila
survives the cession of the Phil. to the U.S.
because of the corporate nature of the city.
[Villas vs Manila (1921)]
B. Scope
RA 7160 (LGC), Sec. 4
The LGC shall apply to:
provinces
cities
municipalities
barangays
other political subdivisions as may be
created by law; and
to the extent herein provided, to officials,
offices, or agencies of the national
government.
C. Rules of Interpretation
LGC, Sec. 5
Sec. 5. Rules of Interpretation. - In the
interpretation of the provisions of this Code, the
following rules shall apply:
warranto or any other direct proceeding. acceptable standards, to provide for all
Collateral attacks shall not lie. essential government facilities and services
Proceeding must be: (RST) and special functions commensurate with
1. Brought in the name of the the size of its population.
Republic of the Philippines 2. Population. - total number of inhabitants
2. Commenced by the Sol Gen or the within the territorial jurisdiction of the local
fiscal when directed by the president government unit cozncerned.
3. Timely raised [Municipality of San 3. Land Area. - must be:
Narciso v Mendez (1994)] Contiguous
The municipality can still be considered to o unless it comprises two or more
have attained at least a status closely islands or is separated by a LGU
approximating that of a de facto corporation independent of the others;
despite the invalidity of the EO creating it. Properly identified by metes and bounds
This is because the State itself recognized with technical descriptions; and
the continued existence of San Andres when Sufficient to provide for such basic
th
it classified it as a 5 class municipality. services and facilities to meet the
And, more importantly, Sec.442(d) of the requirements of its populace.
LGC cured whatever defect there was in its Compliance attested to by:
creation. [Municipality of San Narciso v.
Department of Finance (DOF)
Mendez]
National Statistics Office (NSO)
Municipal Corporation by Prescription Lands Management Bureau (LMB) of 263
the Department of Environment and
to the general fund of the LGU and are used economically dislocated by the
to finance its operations subject to specified separation of a portion thereof have the
modes of spending the same as provided for right to vote in said plebiscite. What is
in the LGC and its implementing rules and contemplated by the phrase political units
regulations. directly affected is the plurality of political
units which would participate in the
As such, for purposes of budget preparation, plebiscite. [Padilla v. COMELEC (1992)]
which budget should reflect the estimates of
the income of the LGU, among others, the The downgrading of Santiago City from an
IRAs and the share in the national wealth ICC to a component city falls within the
utilization proceeds are considered items of meaning of creation, division, merger,
income. [Alvarez v. Guingona (1996)] abolition, or substantial alteration of
boundaries; hence, ratification in a plebiscite
NOTES: is necessary. There is material change in
For provinces and cities, the income the political and economic rights of the
requirement must be satisfied; and EITHER LGUs directly affected as well as the budget
population OR territory. preparation, which budget should reflect the
estimates of people therein. It is therefore
In the creation of barangays, there is no but reasonable to require the consent of the
minimum requirement for area and income. people to be affected.
As to the income requirement, average
annual income shall include the income
Effects of downgrading: (ART) 264
(a) the city mayor will be placed under the
3
For creation of specific LGUs, please check LGC 385-386, 441-442, 449-450, 460-461
POLITICAL LAW REVIEWER Chapter II. CREATION and DISSOLUTION of LGUs
III. Settlement of Boundary Disputes appeal within one (1) year from the filing
thereof. Pending final resolution of the
(asked in 2005)
disputed area prior to the dispute shall be
LGC, Sec. 118-119 maintained and continued for all legal
Boundary disputewhen a portion or the purposes.
whole of the territorial area of an LGU is
claimed by two or more LGUs. C. Maintenance of the Status Quo
Policy: Boundary disputes between or
among LGUs shall, as much as possible, be IRR of LGC, Sec. 18
settled amicably. Pending final resolution of the dispute: status of
the affected area prior to the dispute shall be
maintained and continued for all purposes.
A. Jurisdictional Responsibility for
Settlement of Boundary Dispute The power of provincial boards to settle
boundary disputes is limited to implementing
LGC, Sec. 118
the law creating a municipality. Thus,
If the LGUs involved Boundary disputes provincial boards do not have the authority
are: shall be referred for to approve agreements which in effect
settlement to: amend the boundary stated in the creating
two (2) or more sangguniang statute [Municipality of Jimenez v. Baz
barangays in the same panlungsod or (1996)]
city or municipality sangguniang bayan
concerned.
The conduct of plebiscites, to determine 267
whether or not a barangay is to be created,
B. Appeal
LGC, Sec. 119.
Within the time and manner prescribed by
the Rules of Court, any party may elevate
the decision of the sanggunian concerned to
the proper Regional Trial Court having
jurisdiction over the area in dispute.
The Regional Trial Court shall decide the
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
The provincial council has the authority to 4. The revenue shall inure solely to the
determine whether or not a certain property benefit of, and be subject to disposition
(in this case a provincial road) is still by, the LGU, unless otherwise specifically
necessary for public use [Cabrera vs CA provided herein; and
(1991)] 5. Each LGU shall, as far as practicable,
The power of the LGU to enact zoning evolve a progressive system of taxation.
ordinances for the general welfare prevails
over the deed of restrictions. [Sangalang vs Common Limitations on the Taxing Powers of
IAC(1989)] LGUs Sec 133. LGC
The closure of roads under police power is 1. Income tax (except when levied on banks
not eminent domain. No grant of damages and financial institutions)
are awarded. [Cabrera vs CA (1991)] 2. Documentary stamp tax
Effect: The determination of the location of 3. Estate tax
the camino vecinal through an ordinance will 4. Customs duties, registration fees of vessels
defeat the testimonies of witnesses as to the and all other kinds of customs fees and
location of said passageway. [Pilapil vs CA charges
(1992)] 5. Taxes, fees and charges and other
The MMDA does not have police power, but impositions upon goods carried in or out of,
the LGUs do. There should have been an or passing through, the territorial jurisdiction
ordinance by the LGU to effect an opening of local government units in the guise of
of roads. [MMDA vs Bel Air (2000)] charges for wharfage, tolls for bridges or
otherwise, or other taxes, fees or charges in 272
any form whatsoever upon such goods or
Fundamental principles governing the financial RPT exemption granted under its charter is
affairs, transactions and operations of LGUs withdrawn [MCIAA vs Marcos (1997)]
LGC sec 305 Tax exemption of property owned by the
1. No money shall be paid out of the local Republic refers to properties owned by the
treasury except in pursuance of an Government and by its agencies which do
appropriations ordinance or law; not have separate and distinct personalities
2. Local government funds and monies shall (unincorporated entities). The properties of
be spent solely for public purposes; NDC belong to the Government. [NDC vs
3. Local revenue is generated only from Cebu, (1992)]
sources expressly authorized by law or LGUs, in addition to administrative
ordinance, and collection thereof shall at all autonomy, also enjoy fiscal autonomy. LGUs
times be acknowledged properly; have the power to create their own sources
4. All monies officially received by a local and revenue, in addition to their equitable
government officer in any capacity or on any share in the national taxes as well as the
occasion shall be accounted for as local power to allocate resources in accordance
funds, unless otherwise provided by law; with their own priorities. A basic feature of
5. Trust funds in the local treasury shall not be local fiscal autonomy is the automatic
paid out except in fulfillment of the purpose release of the shares of the LGUs in the
for which the trust was created or the funds national internal revenue. This is mandated
received; by no less than the constitution. Any
6. Every officer of the LGU whose duties retention is prohibited. [Pimentel v Aguirre
permit or require the possession or custody (2000)] 273
of local funds shall be properly bonded, and
If the owners accept the offer in its entirety, complaint Although the general rule in
a contract of sale shall be executed and determining just compensation in eminent
payment made domain is the value of the property as of the
If the owner/s are willing to sell their property date of filing of the complaint, the rule
but at a price higher than that offered to admits of an exception: where the SC fixed
them, the local chief executive shall call the value of the property as of the date it
them to a conference for the purpose of was taken and not at the date of the
reaching an agreement on the selling price. commencement of the expropriation
The chairman of the appropriation or finance proceedings. Finally, while sec.4, Rule 67 of
committee of the Sanggunian, or in his the Rules of Court provides that just
absence, any member of the Sanggunian compensation shall be determined at the
duly chosen as its representative, shall time of the filing of the complaint for
participate in the conference. When an expropriation, such law cannot prevail over
agreement is reached by the parties, a the Local Government Code, which is
contract of sale shall be drawn and substantive law. [Cebu vs Apolonio (2002)]
executed. It is possible that the purpose for
The contract of sale shall be supported by expropriation is changed after such is
the following documents: granted. [Republic vs CA (2002)]
Resolution of the Sanggunian
authorizing the local chief executive to Immediate Entry by the LGU
enter into a contract of sale. The
resolution shall specify the terms and Requisites for immediate entry of LGU: 274
conditions to be embodied in the 1. Filing of complaint for expropriation sufficient
privately owned properties ranked last. Also, socialized housing. It exempted small
the said act provides that expropriation property owners. The elements of small
should be the last alternative, giving way to property owners are: 1. Those owners of
other modes of acquisition like community real property which consists of residential
mortgage and swapping. Otherwise it would lands with an area of not more than 300
be deprivation of property. [Filstream sq.meters in highly urbanized cities (800 in
International Inc v CA (1998)] other urban cities); 2. They do not own real
property other than the same. [City of
The UDHA introduced a limitation on the Manadaluyong v Aguilar (2001)]
size of the land sought to be expropriated for
By the President
276
E. Reclassification of Lands
When public interest so requires
majority of all its members, be signed by o No action for 30 days from receipt:
the punong barangay ordinance shall be deemed
Review by Sangguniang Panglungsod approved
or Bayan o Finding: inconsistent with law or city
o Within 10 days after its enactment, or municipal ordinancesthe
the sangguniang barangay shall sanggunian shall, within 30 days
furnish copies to from receipt, return the same with its
o The sangguniang panglungsod or comments and recommendations to
sangguniang bayan concerned for the sangguniang barangay for
review as to whether the ordinance adjustment, amendment, or
is consistent with law and city or modification
municipal ordinances Effectivity: suspended until such time as
the revision called for is effected
Summary of Review of Ordinances
Period to examine 30 days after receipt of copies, after 30 days after receipt of copies,
documents which the ordinance or resolution is after which ordinance is
presumed valid if no action is taken. presumed valid if no action is
Within 30 days, it may also be taken
transmitted to the provincial attorney or
prosecutor for examination; said atty. or
prosecutor shall give his written
recommendations within 10 days from
receipt of document
Ground to invalidate Ordinance or resolution is beyond the Ordinance is inconsistent with
ordinance or resolution power conferred upon the Sanggunian law and city or municipal
concerned ordinances
In such case, the sangguniang
barangay may adjust, amend or
modify the ordinance within 30
days from receipt from the
sangguniang panglungsod or
sangguninang bayan
POLITICAL LAW REVIEWER Chapter III. GENERAL POWERS and ATTRIBUTES of LGUs
o When a person steps on a rusted nail in o The Mayor pays for the back salaries of
a flooded public market [Jimenez vs an illegally dismissed employee
Manila (150 S 510)] [Nemenzo vs Sabillano (25 S 1)]
o When accidents are caused by defective o The Governor pays for moral damages
roads even if the road does not belong for refusing the reinstatement of an
to the LGU as long as it exercises employee [San Luis vs CA (1989]
control or supervision over said road
[Guilatco vs Dagupan (171 S 382)] A public officer, whether judicial, quasi-
o Damages suffered through accidents in judicial or executive, is not personally liable
national roads under the control and to one injured in consequence of an act
supervision of an LGU (cause is unsafe performed within the scope of his official
road conditions, especially when there is authority, and in line of his official duty.
gross negligence [Municipality of San [Tuzon v. CA (1992)]
Juan v. CA (2005)]
o Also exemplary damages may be The holding of a town fiesta is a proprietary
granted when public officials acted with function, though not for profit, for which a
gross negligence [Quezon City v municipality is liable for damages to 3rd
Dacana (2005)] persons ex contractu or ex delicto.;
Article 2180, CC o that under the principle of respondeat
o When the State acts through a special superior the principal is liable for the
agent [Merritt vs Government (34 P negligence of its agents acting within the
311)] scope of their assigned tasks; and 286
o that the municipal councilors have a
Illustrations
Mayor exceeding authority in vetoing a
resolution passed by the Sanggunian [Pilar v
Sangguniang Bayan ng Dasol (1984)]
o [Note that under CC27, a public servant
is personally liable for damages for his
refusal or neglect to perform his official
duty]
Chapter VI. Intergovernmental Relations The DILG Sec may not be appointed as
National Government and LGUs interim caretaker to manage and administer
the affairs of the Liga. Such is tantamount to
I. EXECUTIVE SUPERVISION control [National Liga ng mga Barangay vs
II. CONSULTATIONS Paredes (2004)]
III. RELATIONS WITH PNP
IV. OTHER RELATIONS
B. Administrative Code of 1987, Title XII
I. Executive Supervision Chapter I
A. 1987 Constitution, Art. X, Sec. 2 and 4 (as amended by RA 6975)
peace and order council the cities and independent cities shall be
appointment of new members of the independent of the province.
PNP to be assigned to their respective The city or municipality, through the city or
cities or municipalities without which no municipal mayor, shall exercise general
such appointments shall be attested supervision over component barangays
Review of Executive Orders:
Control and supervision of anti-gambling o Governorfor E.O.s of component
operations shall be within the jurisdiction of cities and municipal mayors
local government executives o City or Municipal Mayorfor E.O.s
of punong barangays.
Governors and mayors, upon having been o Task of reviewing executive: ensure
elected and qualified as such, are that the E.O.s are within the powers
automatically deputized as representatives granted by law and in conformity
of the National Police Commission in their with provincial, city or municipal
respective jurisdiction ordinances
As deputized agents of the Commission, The LGU may secure the opinion of the ff (in
local government executives can inspect proper order):
police forces and units, conduct audit, 1. municipal legal officer,
and exercise other functions as may be 2. provincial legal officer,
duly authorized by the Commission 3. provincial prosecutor
LGUs may consolidate their efforts, services
Grounds for suspension or withdrawal of and resources for their common benefit 290
deputation: 1. Requisite: proper ordinance,
Sec 5. Civil and Political Rights and Liabilities: Fugitive from justice:
(1) Those seeking elective public office in the Intent to evade must be the compelling
factor which animates ones flight from
Philippines shall meet the qualification for
a particular jurisdiction. There is intent if
holding such public office as required by the
there is knowledge by the fleeing subject
Constitution and existing laws and, at the of an already instituted indictment or of a
time of the filing of the certificate of promulgated judgment of conviction.
candidacy, make a personal and sworn [Rodriguez v. COMELEC (1996)]
renunciation of any and all foreign
citizenship before any public officer Green Card holder:
authorized to administer and oath. (asked in 1993, 1994)
(2) Those appointed to any public office shall As provided in Caasi v. Court of Appeals,
subscribe and swear to an oath of allegiance a Filipino citizens acquisition of a
to the Republic of the Philippines and its permanent resident status abroad
duly constituted authorities prior to constitutes an abandonment of his
assumption of office. Provided, that they domicile and residence in the
renounce their oath of allegiance to the Philippines. Ugdoracions acquisition of a
country where they took that oath; lawful permanent resident status in the
(3) That right to vote or be elected or appointed United States amounted to an
to any public office in the Philippines cannot abandonment and renunciation of his 293
status as a resident of the Philippines; it
be exercised by, or extended to, those who
2. Permanent vacancies in the sanggunian. 3. Temporary vacancy in the office of the local
Sec. 45, LGC (Asked in 1996, 2002) chief executive.
Sec. 46, LGC.
If automatic succession as provided in S44 (Asked in 2002)
does not apply, vacancy is to be filled in by
appointment made as follows: Examples of local chief executives
temporary incapacity to perform duties for
Office where Permanent Who Succeeds into physical/legal reasons:
Vacancy Occurs Office
leave of absence;
Member of Sanggunian Person appointed by the
Panlalawigan or President, through the travel abroad;
Sangguniang Panlungsod Executive Secretary suspension from office.
of highly urbanized cities
and independent General rule: Vice-governor, city/ municipal
component cities vice-mayor, or the highest ranking
Member of Sangguniang Person appointed by the sangguniang barangay member shall
Panlungsod of component governor automatically exercise the powers and
cities and the perform the duties and functions of the local
Sangguniang Bayan chief executive.
Member of the Person appointed by the Exception: The power to
Sangguniang Barangay mayor, upon
appoint/suspend/dismiss employees can
recommendation of the
Sangguniang Barangay be exercised only if the period of
concerned temporary incapacity exceeds 30 297
Representation of the Official next in rank of working days.
law to ensure that LGUs act within their 4. May be imposed at any time after the
prescribed powers and functions issues are joined (after respondent has
answered the complaint)
Elective Official against Where to File
whom Administrative Complaint 5. No preventive suspension shall be
Complaint is Filed imposed within 90 days immediately
Provincial or city official Office of the President prior to any local election. If the
Municipal official Sangguniang preventive suspension has been
Panlalawigan imposed prior to the 90-day period
Barangay official Sangguniang immediately preceding a local election, it
Panlungsod or shall be deemed automatically lifted
Sangguniang Bayan
upon the start of the period
Cases Grounds for Preventive Suspension:
Supervision and discipline. The President is when the evidence of guilt is strong
not devoid of disciplinary powers because and,
he merely has supervisory powers under the given the gravity of the offense,
Constitution. Supervision is not incompatible there is a great probability that the
with disciplining authority. [Ganzon vs CA continuance in office of the
(1991)] respondent could influence the
Valid delegation. Under AO 23, the witnesses or pose a threat to the
delegation of the power to investigate to the safety and integrity of the records
Sec of Interior is valid. What cannot be and other evidence 301
delegated is the power to discipline. [Joson Period: Any single preventive
time after the issues have been joined and any Due process. The petitioner has the right to
of the following grounds were shown to exist: a formal investigation under AO 23. Where
o When there is reasonable ground to believe the Sec denied the motion for a formal
that the respondent has committed the act investigation and decided the case on the
or acts complained of basis of position papers, the right of the
o When the evidence of culpability is strong petitioner was violated. [Joson vs Torres
o When the gravity of the offense so warrants (290 S 279)]
o When the continuance in office of the
respondent could influence the witnesses or Form and Notice of Decision
pose a threat to the safety and integrity of Shall be terminated within 90 days from
the records and other evidence. start thereof.
There is nothing improper in suspending an Office of the President or Sanggunian
officer before the charges are heard and before concerned to render decision
he is given an opportunity to prove his Within 30 days from end of
innocence. Preventive suspension is allowed so investigation
that respondent may not hamper the normal In writing
course of the investigation through the use of his Stating clearly facts and reasons
influence and authority over possible witnesses. Furnish copies to respondent and
When a local government official believes that interested parties. (sec. 66 a)
he has been wrongfully suspended, the proper
procedure is to exhaust administrative remedies, NOTE: Any abuse of the exercise of the power
i.e. seek relief from the DILG Secretary, and not of preventive suspension shall be penalized as 302
to file a case in court. [Espiritu v. Melgar (1992)] abuse of authority (Nachura).
designation of elective officials to other The fact that Section 14 and Section 16
government posts. Appointive officials may refer only to appointments within the
be allowed by law or by the primary Executive Department renders conclusive
functions of his position to hold multiple that Section 15 also applies only to the
offices whereas elective officials are not Executive Department. This conclusion is
allowed, except as otherwise recognized in consistent with the rule that every part of the
the Constitution. The provision also statute must be interpreted with reference to
encroaches on executive power to appoint. the context, i.e. that every part must be
(Asked in 1995, 2003) [Flores v. Drilon considered together with the other parts,
(1993)] and kept subservient to the general intent of
the whole enactment. It is absurd to assume
CSCs Role in Appointments that the framers deliberately situated Section
15 between Section 14 and Section 16, if
It cannot appoint but it can say if a person is they intended Section 15 to cover all kinds
qualified or unqualified. If unqualified, it can of presidential appointments. [De Castro v.
remove the person from office (basis is the JBC (2010)]
Omnibus Implementing Rules of RAC).
Grounds for RECALL of appointment Once an appointment has been made and
(NO-VP) accepted, the appointee acquires a legal
1. Non-compliance with procedure or criteria right to the position--the appointing authority
provided in the agencys merit promotion cannot unilaterally revoke it without cause,
notice and hearing. But the CSC may do so 305
plan
if it decides that the requirements were not
Without a valid appointment, Montuerlo complaint with the treasurers office or with the
acquired no legal title to the Office of DOF. [Garcia v. Pajaro (2002)]
Municipal Budget Officer, even if she had
served as such for ten years. [Montuerlo v. [Sangguniang Bayan of San Andres v. CA
Ty (2008)] (1998)]:
Doctors of Medicine may practice their in place of the provincial fiscal who has
profession even during official hours of work declined to handle and prosecute its case in
o only on occasions of emergency court. [Pillilla v. CA (1994)]
Provided, that the officials
concerned do not derive monetary In resolving whether a local government
compensation therefrom. official may secure the services of a private
counsel in an action filed against him in his
Private Counsel/Lawyers for Elective Local official capacity, the nature of the action and
Officials the relief sought are to be considered. In
General Rule: A Legal Officer, one of the view of the damages sought, which if
appointive local officals common to LGUs, is granted, could result in personal liability,
tasked to represent the LGU in all civil respondents could not be deemed to have
actions and special proceedings wherein the been improperly represented by a private
LGU or any official thereof, in his official counsel. [Mancenido v. CA (2000)]
capacity, is a party. (sec. 481) NOTES:
By appearing as counsel for dismissed Instances when a private lawyer can
employees, the city counsellor violated the represent a LGU
prohibition against engaging in practice if such When the municipality is an adverse
practice represents interests adverse to the party in a case involving the provincial
government. [Javellana vs DILG (212 S 475)] government or another municipality or
city within the province 308
A municipality cannot hire private counsel to file Where original jurisdiction is vested with
Cases
The Special Education Fund covers the
salary and benefits of extension classes
teachers but not college scholarship funds.
[COA Cebu Province v. Province of Cebu
(2001)]
The requirement that DECS shall consult the
local school board in Sec 99, LGC applies to
appointments made by DECS, not to
appointments made by the Pres. [Osea vs
Malaya (2002)]
the mediation,
Chapter VIII. Local Government Units conciliation or arbitration
process
A. THE BARANGAY
1. KATARUNGANG PAMBARANGAY Quick Facts about Katarungang Pambarangay
2. SANGGUNIANG KABATAAN - nature of proceedings is contractual
B. THE MUNICIPALITY
C. THE CITY 1) Subject Matter for Amicable Settlement:
D. THE PROVINCE All cases EXCEPT those listed under Sec.
408:
EXCLUSIONS:
A. The Barangay a. One party is the government or any
LGC Sec. 384-439 subdivision or instrumentality thereof
b. One party is a public officer or employee,
The barangay is the basic political unit. Its roles and the dispute relates to the performance
are: of his official functions
1. Primary planning and implementing unit of c. Offenses punishable by imprisonment
government policies, plans, programs, exceeding 1 yr or a fine exceeding
projects and activities in the community; P5,000.
2. Forum wherein the collective views may be d. Offenses where there is no private
expressed, crystallized and considered; and offended party
3. Where disputes may be amicably settled. e. Dispute involves real properties located in
different cities or municipalities (UNLESS
(Sec 384, LGC)
they submit their dispute to KP) 310
f. Dispute where parties who actually reside
d. Creation must not reduce land area, DBM cannot control amount a city wants to
population or income of original municipality at give its judges as allowance, as long as city
the time of said creation to less than minimum has money to do so. [Dadole v. COA (2002)]
requirements prescribed therein.
Licenses and Permits
A permit issued by the mayor to a drugstore
The municipal mayor has the authority to not previously cleared with and licensed by the
issue permits and licenses for the holding of FDA will be a nullity. However, the issuance of
activities for any charitable or welfare a mayors permit is not mandatory once it is
purpose [LGC444(b)(3)]. [Olivarez v. shown that the FDA has licensed the operation
Sandiganbayan (1995)] of the applicant. The city mayor may only
The municipal mayor does not have the revoke the permits issued for violation of the
power to issue warrants of arrest. The power local requirements imposed, not with the
vested by the previous LGC was repealed requirements of general laws and
by the Consti. [Munez vs Arino (1995)] implementing administrative rules. [Gordon v.
The Sangguniang Bayan has the power to Veridiano II (1988)]
provide for the establishment and Distinction must be made between the grant of
maintenance of public markets in the a license or permit to do business and the
municipality. Here, the SB merely mentioned issuance of a license to engage in the practice
the plan to acquire the lot for expansion of of a particular profession. A business permit
the public market adjacent thereto. Until cannot, by the imposition of conditions, be
there is proper expropriation, the landowner used to regulate the practice of a profession.
cannot be deprived of his right over the land.
[Acebedo Optical v. CA (2000)] 312
[Greater Balanga vs Mun of Balanga (1994)]
317