Term of office

Chairman of coa

Fresh period or unexpired term?

Funa case

Fresh period

The appointing authority cannot shorten

If the cause of vacany, death resignation incapacity, impeachment

But if the cause of vacancy is not caused by 4

If you have been appointed as chairman and served your full term then you cannot be reappointed
in any position

May a commissioner be appointed as chairman but subject to the provision that the vacancy of the
chaiman is caused by death, removal, disability, resignation. Will serve only the unexpired portion.

You cannot lessen the appointment of 7 years

GOCC WITH original charter

If the corporation is created by a general law gocc

Not embraced by csc but by the labor code

Pag walang original charter labor code

Sss vs ca pwede mag union pero hindi pwede mag strike

Policy determining secretary(confidential employees) not required to pass competency test and
fitness

Pag sinibak not violative of security if tenure (co terminus with the trust and confidence imposed)

Close intimacy which ensures freedom of intercourse

Career and non career

Career opportunity of advancement

Non career elective, chairmans of commissions, contractual personnel

No employee or officer of the csc shall be removed except for a cause

Congress cannot abolish nor confer jurisdiction sc

Morales vs ca
CA may be abolished but if will undermine the security of tenure of the judges and officers of the
court, congress may not abolish CA

Reorganization of office- violation of security of tenure

Declaration of a position vacant is unconstitutional if it violates security of tenure

Partisan political activity unconstitutional

Governor appointed as presidential assistant no elective official shall be eligible in an appointed

office

Civil liberties union vs executive secretary sec 13 article 7. Prohibition more than 2 government
positions. Sabi ng secretaries allowed daw kasi may unless otherwise provided by law. Supreme
court said, kapag ikaw member of the cabinet, undersecretary, assistant secretary, only the
constitution may allow you to hold more than 2 office. If you are not a cabinet member and there is
a law allowing you to hold other positions in the government ok lang.

Powers of comelec all contest over election, returns, qualifications of regional, provincial
exclusive jurisdiction of comelec

If questions relating to election, qualifications of returns of municipal - rtc, - appeal to comelec.

barangay mtc appeal to comelec

Inclusion exclusion of voters comelec has no jurisdiction

Petition to exclude must be filed with the mtc appeal to rtc

Qualification of partylist comelec

Qualification of nominees qualification hret

Comelec division validity of coc appeal to comelec en banc (MR) SC within 10 days via certiorari

Sarmiento case dapat comelec division muna bago en banc even appeal dapat division muna

Only comelec en banc may be brought to sc though certiorari(65)

Comelec vs electoral tribunal

Poe vs comelec petition to declare null and void her certificate of candidacy on the ground of
material misreprensentation natural born citizen

She was disqualified by the comelec

Elevated with the sc

Issue: won comelec has jurisdiction to disqualify a candidate?

It is as if the comelec is deciding on her qualification

PET has jurisdiction over the qualification of p and vp candidate

Same ruling was applied in so far as congressman is concerned

Ma elect ka muna? Kapag wala pang final ruling ang court on his qualification then comelec has no
jurisdiction

Example:

Assuming poe lost in the case, poe not a natural poe citizen, final and executory

2019 Poe again files a coc again. Petition to nullify coc again, can the comelec disqualify her? Yes na!

Coa

Audit jurisdiction of the comelec

Gooc with original charter yes

Audit ng private firm and gov agency yes provided that the findings is subject to the approval of
the coa

Local government

5 province, cities, municipalities, barangay, arm

Autonomous region car and arm

Should there be a conflict in a law and ordinance, law should prevail

Lahat ng sugal bawal- ordinance

While the local government is entitled to local autonomy, it should not be translated into an
imperium in imperio

Must not be contrary to law, must not be oppressive

Magtaas vs price properties law will prevail

Catv mtc

Dadole vs coa

Alowance of judges

Nakaka receive ng allowance because it is allowed under the local government

Sabi ng dbm hanggang 2k lang

Coa- hoy dadole ibalik mo

Dbm cannot interfere with the acivity of the lgu with respect to the allowances of judges
PRESIDENT SUPREVISION OVER LOCAL GOVERNMENT

May congress impose commissions to the release of ira

Batangas vs executive secretary

Ira should be automatically released

___________

Art 3 Section 2 may only be invoked against law enforcement officer barangay tanod may be
classified as a law enforcement officer? del Castillo vs people agents of person in authority yes

People vs marti art 3 may only be invoked against the state

Requisites for a valid warrant:

Warrant of arrest or search warrant must be based on probable cause

Must be determined personally by the judge

Examination under oath by the complainant and the witnesses

Describing the place to be.

Records of the case, Report of the investigationg prosecutor, supporting documents is enough file
a case fiscals office, preliminary investigation, det of probabale cause for the purpose of filing an
information, judge again will determine probable cause for the purpose of issuing a warrant of arrest

Probable cause

How is probable cause search warrant. How? Searching questions and answers, in writing and under
oath on facts personally known to them

If complainant and witnesses do not have personal knowledge then there is no probable cause

Probabale cause may not be based on hearsay evidence

Only the probability of the accused not clear and convincing evidence

Pendon vs court of appeals questions must be probing and exhaustive

Judge asked the prosecutor to submit supporting affidavits prosecutor said they have the right ot
determine prob cause judge is not bound by the findings of the investigating prosecutor because
under the constitution the judge must personally examine

Counter affidavits of respondent were not submitted bawal

Motion to dismiss on the ground of lack of probable cause with motion to defer issuance warrant of
arrest

Only the judge may issue a warrant!

Republic vs sandigan bayan requiring to submit all documents (pcgg) form of search warrant bawal

Cybercrime law

Disini vs executive secretary restriction of access of data bawal, form of seize warrant

Warrant may be issued by administrative for deportation

Soliven vs makasiar- manner of determining probable cause is different from search and arrest
warrant???

Search warrant must be issued for one specific offense

For violation of 9165 DDA search warrant - not defective, one search warrant for several violations
thereof

Must particularly describe the place to be searched or else it may be quased

Also things to be seized kung baril baril, kung marijuana, marijuana

Undetermined amount of marijuana enough description pwede na, the requirement of

particularity

Vs Asuncion case??

Warrant of arrest

Pag nang aresto may warrant, pag walang warrant invalid general rule

Exceptions valid warrantless arrest. Inflagrante delicto arrest (actually committing, just commited
or attempting in his presence), just been committed and probable cause to belive based on personal
knowledge, escaped prison

Hot pursuit arrest: 2 requisutes . has just been committed and person making arrest has probable
cause to belive based on personal knowledge

Inflagrante delicto 2 elemets: person to be arrested must execute an overt act and done in the view
of the arresting officer

Probabale cause arrest personal knowledge of facts and circumstances sinabi lang sa pulis yung
facts, walang personal knowledge yung pulis

Hot pursuit element of immediacy

Gr: search warrant muna bago search

Exception:

When the right is voluntary waived,

Lahat sa bill of rights except right to counsel during trial may be waived

Custodial investigation waiver of counsel - in writing and assisted by a counsel

Waiver of right requisites

Right exist, actual or constructive knowledge of the right, actual intention to relinquish such right

Pag may intimidation walang intention to relinquish

Degree of proof: sus, prep, clear and con, proof beyond reasonable doubt

Eh voluntary naman pinakita eh burden of proof is with the state

Passenger of a plane hindi pwedeng hindi magpa kapkap

Stop and frisk hindi kailangan na ang akusado is actually committing a crime outer clothing

Manalili vs ca pula mata walking in a swaying manner, officer conclude that accused is high on
drugs. Hindi ka basta basta stop and frisk agad. Pag totally walang reason hindi pwede

Probable cause or mere suspicion is not enough there should be presence of more than one
suspicious activity

Search incidental to lawful arrest there must be a lawful arrest warrant and valid warrantless
arrest arrest muna bago search

Walag helmet pwede mo na ba kapkapan? Traffic enforcer not authorized to arrest or kapkap

Plain view requisites: prior justification for an intrusion, discovery of evidence is in plain view and
inadvertent,

Sanchez vs people matchbox no plainview

Caballes vs ca object is in plainview if it is plainly exposed to sight if in baggage not in plainview

Warrant is for search of an illegal firearm found a cabinet, they found the firearm and shabu,
accused was charged with 2 crimes. Question, is the shabu admissible in evidence? no because it is
not plainview, not exposed to sight.

Illegal arrest motion to quash information? yes ground of lack of jurisdiction

If the accused was arraigned and you not question in the illegalit of arrest waived the right to
question the illegality of arrest but does not carry with it the waiver of illegal search. People vs aruta

Article 3 section 3 mag asawa tapos yung babae pumunta sa opisina ng lalake nakita from locker
incriminating letters, nag file based sa letters (private citizen yan) pwede ba? hindi, violation of
the right of privacy of the husband
Distinction from marti case? in what is invoked is the privacy of communication and
correspondence, it is inviolabe regarless of the offenfer being a private citizen or the state

Moonlighting computer case in admissible yung nakita sa pc kasi personal property

Vivares vs st. therese college facebook case facebook posts that are public cannot be the subject
of the right to privacy must be regulated by privacy tools

Exclusionary rule violation of sec 2 and 3 inadmissible as evidence.

Freedom of speech:

Content based regulation and content neutral regulation

Content based restricted is the content (what)

Neutral manner, place, time (how)

Content based regulation have a strong presumption of invalidity unless the government is justified
by the clear and present danger rule

Clear and present danger rule?

Chavez vs Gonzales garci tape case lahat ng network ng mag pplay ng garci tape will being closed
bawal kasi content based regulation

Diocese of Bacolod vs comelec regulation of the size of tarpaulin content based bawal iregulate
applicable only to political parties and candidates

Gma network vs comelec advertisement, political party ginawa 120 minutes sa lahat ng stations
hindi na per station bawal, unreasonable, would nit justify substantial restriction

Sws vs comelec surveys are a form of election propaganda it may be regulated

Unsolicited email advertisements, pinagbawal quinestion bawal I prohibit. Commercial speech is

entitled to protection

Freedom of religion:

2 aspects:

Non establishment clause and free exercise of religion

Estrada vs estritur cohabitation kahit kasal na, jehovas witness, terminated for immorality hindi
pwede kasi sanctioned ns church benevolent neutrality theory accommodation of religious
exercises in accordance with the free exercise clause provided it does not offend the states
compelling interests

Miranda right is applicable to CI. No CI no Miranda right

Right to be informed, right to remain silent, competent and independent counsel counsel, if cannot
afford will be provided, rights cannot be waived except if in writing and assisted by a counsel, in
admissible if violated

CI there is already questioning on the part of the police officer

Police line up is not custodial investigation not yet shifted from investigatory to accusatory

If the accused becomes the focus of the attention of the police custodial investigation na

Pag inaresto dadalhin sa piskal then inquest determine probable cause

Inquest piskal nagtanong, nag admin, admissible ba? hindi dapat may Miranda rights and
counsel

Ininterview may admission, admissible ba? Yes hindi naman pulis eh

Pag ang umaresto sa iyo barangay tanod, nag admit ka hindi admissible ang admission, kailangan
mag recite ng Miranda rights

Nbi applicant cannot be considered as an independent counsel]

Mayor cannot be considered an indepdent counsel

Right to bail is the person facing extradition proceeding be allowed to post bail. Extradite under
international law ins entitle to bail.

Charged with murder but convicted with homicide a bailable offense. Can the rtc grant a petition for
bail? leviste vs ca sa ca dapat mag file

Rule kapag ang qualifying or aggravating are not alleged in the information? considered waived.

Information contains 2 charges if not quased waived can be convicted of 2 crimes

Right to be informed cannot be waived

Pwede ma convict ng murder if homicide lang yung charge??

Beltran vs samson forgery case, cannot compel the accused to provide handwriting right against
self incrimination

Dela cruz vs people kapag na charge ng 9165, you can be compelled to undergo mandatory drug
testing

Double jeopardy. Requisites: 1.) valid complaint of information filed before a competent court of
valid jurisdiction and there must be arraignment, 2.) dismissal or terminated without the express
consent of the accused
Provisional dismissal complainant di nag aappear defense counsel moves for dismissal invoking
speedy trial fiscal did not object basta provisional lang dismissal payag accused sa provisional
dismissal nnnaaag motion to revive si complainant walang double jeopardy

Dismissal for insufficiency of evidence demurrer granted nakakuha ng bagong ebidensya, nag
revive, dismissal by insufficiency of evidence is tantamount to acquittal

Speedy trial acquittal

Withdrwal of information walang valid plea pwede

Information was quashed walang valid plea pwede

Take note: reckless imprudence Jason ivler nakabangga, namatay nabangga, dalawang kaso
damage to property and homicide, nag plead guilty sa damage to property. Reckless imprudence
itself is punished and not the result double jeopardy