ATTY. JORGE ALFONSO MELO ATTY, SESS RAYMUND M. LOPEZ Bar Revie Executive Cond ANGELO ARAYATA CECILE GOTAMCO PAT GERALDEZ KC VILLANUEVA ‘centraf Bar Operations Board FIELLE IGNACIO Votuataer MARIA AVANCENA PAULINE ONGTENCO ‘Design Commitee2015 POLITICAL LAW PRE-WEEK REVIEWER CONSTITUTION What are the Essential Parts of a Written Constitution? A: Constitution of Liberty — prescziptions setting forth: civil and political rights of Giizens; and imposing: imitations on Powers of govemment as a means of Securing the enjoyment of such rights. Constitution Gf Government — provisions outlining the organization of goverment, snumerating. its powers, laying down sules regarding its ‘aidministration, and defining the electorate. “~ . Constitution of Sovereignty — provisions Pointing cut the mode or procedure with wéhicts formal changes in the fundamental law may be made. Q: Differentiate Amendments from Revisions. AL Purpose: to improve specific | examine entirety parts ‘Affects only the | Affects several Specific provision | provisions amended ‘Rate, reduces, Aveo veletes without | basic principles aitering basic Affects principle substantial enticoty Ex extending | Ex shit tom tern tit of presidentiat to House parhamentary Representatives | system aia |. THE PHILIP SINE Q: How to determine whether change is an Amendment or a Revision? A. Two-Part Test (Lambino v COMELEC. GR No, 174153, 2006) 1. Quantitative test — whether the change is 50 extensive as to change the “substance entirely” by the number of provisions affected without considering the degree of change. 2. Qualitative Test — whether the change wil affect the nature of the basic govermmental plan. Q: What are the steps in the amendatory process? A: | Proposat @ Congressional Assembly (ConAss} - by a vote of % of all ts members (2/4 Senate and 3/6 HOR}. b. Consiitutional Convention {ConCon) > question of whether fo call a ‘ConCon oF not: S People’s Initiative Requicements: 1. Petition must be signed be af feast 12% of all registered voters. 2, Evesy legislative district represented by at least 3% of the registered voters therein, Limitations: 4. No amendment in this manner within 5 years from ratification of the 1987 Constitution. 2. No amendment in this manner - sore oRen than once every 5 years thereafter. aT2015 POLITICAL LAW PRE-WEEK REVIEWER 3. Applies ony to amendments, and not revisions. 1. Ratification ‘The proposed amendment becomes part of the Constitution when ralified by a majority of the votes cast in a plebiscite held not earier than 60 days nor later than 90 days after approval of the proposal by Congress, or the Constitutional Convention, or after cettifcation by the COMELEC of the Suficoncy of the petition under Sec. 2, Art i. Q Are Constitutional provisions self executory? AS General’ Rule: Yes, they are self: executory. They are complete in itself; operative without the aid of supplementary ‘oF enabling legislation; supplies a sufficient rule: by means. of which the right is grants “may be enjoyed or protected. Exeeation: Those that onty tay’ down general principles such as mast of sections in Art IE They do not bestow" rights nor elevate priviteges to the level of enforceable fights. They merely specify guidelines for Legislative and Executive adtion. en ii. GENERAL CONSIDERATIONS Q: What is the acchipetagic dactrine? A: it is 2 doctrine of national ternitory articulated in the second sentence of Section 4, Article |, which provides: “The waters around, between, and connecting the istands of the archipelago, regardless of their breadth and dimensions, forms part of the internal waters of the Phifippines.” it is based on the principte that an + archipelago, which consists of a number of islands separated by bodies of water, should be treated.as one integral unit. Q: What are the 3 basic principies of archipelagic States? A; The three basic principles are: 1. An archipelagic State, whose compenent islands and other natural features form = an intrinsic geographical, economic and political entity, and historically have, or may have been regarded as such, may sraw straight baselines connecting the outermost points of the ‘outermost islands and drying reefs OF the archipelago from which the extent of the tesitorial sea of the archipelagit: state is, or may be determined. 2. The waters within the baselinas, regardless of their deptty or distance from the coast, the sea-bed and the subsoil, and the supenjacent airspace, as well as all their sesources, belong to, and are subject to the sovereignty. of the... archipetagic State: 3. Innocent passage of foreign. vessels. through the waters: of. the: archipelagic State shail be. allowed ~ fo acconiance. wih is nadonal legislation, having regard to existing rules of intemationat Taw. ‘Such passage shall be teougtr sea fanes as may be designated for the purpose by the archipelagic State. ‘@ Whatis a Continental Shelf? A:A continental shelt is composed of 1. The submerged prolongation of the and territory of the coastal State ~ the seabed and subsoil of the submarine areas that extend beyond its teritorial sea to the outer edge of the continental margin: or 2. To a distance of 200 nautical miles where the outer edge of the continental margin doos not extend2015 POLITICAL LAW PRE-WEEK REVIEWER © up to that distance (UNCLOS Article 76 (1). Q: What is the extent of our maritime zones? Absolute saverelanty Q: What is the treatment of the Baselines Law (RA No. 9522} to the Kalayaan Group of islands? A: The Kalayaan Island Group (0G) as sonstiluted under Presidential Decree No. 1596 and the Bajo de Masinioc, also known as Scarborough Shoal, are not included in the Islands enclosed by the Philippine archipelagic baselines, and are instead treaied as “regime of isiands.” @: What is the basis of the Philippine claim to the KIG {also known as the Spratly islands) and Scarborough Shoal? Ac It is based on Article | of the 1987 Constitution, which states that the national teritory includes “ait other temitories over which the Phitippines has sovereignty or jusisdiction” Q: ts the use of the framework of “Regime of islands” in RA. No. 9822 ta determine the Matitime Zones of the KIG and the Scarborough Shoal inconsistent with the Philippines’ claim of sovereignty over these areas? A: No. Far from surrendering the Philippines’ daim over the KIG and the ‘Scarborough Shoal, Congress’ decision to dassify the KIG and the Scarborough Shoat as “regime of isiands" under the Phiippines is consistent with Art. 121 of UNCLOS Ut and manifests the Philippines’ responsible observance'-of its pacta sunt servanda obligation under UNCLOS i” Under this article, any “naturally formed area of tand, surrounded by water, which is above water at high tide,” such as the KIG, qualifies under the category of “regime of istands” whose lands generate their own applicable matitine zones (Magationa v. Ermita, GR No, 187467, 2017). @: Does the Baselines Law.abasdon. the. Philippines claim over Sabah under RA, No. 5448? A: No. The definition of the baselines of the tesritorial sea of the Philippine archipelago is without prejudice to the delineation of the baselines of the terflorial sea around the territory of Sabah, situaled in North Borneo, over which the Philippines has acquired dominion and sovereignty (Sec. 2 of RA. No. 5446), Q: Does consent to be sued include consent to be bound by the judgment or decision? A: No. Consent to be sued does not include consent to the execution of judgment against it Such execution will require another waiver because the power of the court ends when judgment is rendered, Page 3.of 1082073 POLITICAL LAW PRE-WEEK REVIEWER since goverment funds and properties may not be seized under writs of execution or gamishment, unless such disbursements ate covered by appropriation as required by law (Repuote Vilasor, G.R. No, 1-30871, ‘Q: is the Air Transportation Office {ATO} covered by state immunity from suit? A: No. ATO does not enjoy sovereign immunity because even if if is Proprietary function (ATO v. David, @R. No. 458402, 2011}. When a private corporation entered into exploration and development of Maturat resources with the Stato, wil it be covered by state immunity? A: No. It did not become an agent of the State by virtue of a Service Contract which Gid not consfitute Shel to represent the ‘State in dealing with third persons, The ‘contract merely gave rise to a contractual commitment on the part of Shell fo undertake extraction and exploration but Never to represent the State in its dealings (Shell Exptoration Philippines v. Jalas, GR. No. 379916, 2010) Q: What is "soft iaw"? A: “Soft faws" are non-binding sorms, Principles, and practices that influence state behavior such as certain declaralions and resolutions of the UN. General Assembly (Pharmaceutical and Health Care Association of the Philippines v. Duque If, ‘GBR No, 173034, 2007) Does “soft taw” form part of the law of the land by the doctrine of incorporation? A; It depends. For an international rule to be considered as customary law, it must be established that such rule is being followed by states because they consider it obligatory to comply with such rules (opinio juris). Uniess it can be shown that this soft taw has been enforced, practiced, and considered as binding by states, soft law cannot be deemed to form part of the law of the land {Pharmaceutical and Health Care Association of the Philippines v. Duque if, G.R No, 173034, 2007). @ Can the BIR impose additional requirements for obtaining a refund that is based on an intemationat agreement? A: No. The Constitution provides for adherence to the generat principles of internationat taw as part of the law of the and. Obligations under a treaty must be ‘complied with in good faith. The BIR rust not impose additional requirements. that wi ° - negate the: avaiment-of the reliefs: pai for under intemational agreement. - Bank Ag ¥. CIR, GA No. 148550, 2083}: iil, LEGISLATIVE DEPARTMENT ee @: What are the rules on apportionmant of tegistative districts? A: 1. Remust be based on uniform and progressive ratio, 2. Each city with not tess than 250,000 inhabitants shall be entitied to at feast 1 representative, 3. Each province, inespective of number of inhabitants, is entiled to at least 4 representative. 4, Each legistative district shatl Comprise, ‘a8 fer 2s practicable, contiguous, compact, and adjacent territory. No Page 4 of 108‘S.” Reapportionment is done by Congress ‘within 3 years following the retum of every census, & is Congress preciuded trom increasing its membership in excess of 250 based on Section 5, Article i? A: No. The Constitution does not prechide Gongress from inereasing ts membership by passing 2 law other than a general “apportionment taw (Mariano v. COMELEC, BR No, 118577, 1995}. ‘&: May Congress validly delegate to the “ARMM Regional Assembly the power fo " Steste legislative districts? . exclusively in Congress. Aceerdingly, Section 19, Article Vi of RA. Nov Seed ‘which grants the ARMM Regional Assembly the power fo create provinces’ and cities, is” void for being contrary to the Constitution (Sema v. COMELEC, GR No. 177597, 2008). A It depends. Distinction musi be made between the entitiement of a city to a district ‘on one hand, and the entitlement of a Province to 2 district on the other. White a Province is entitled {0 af least. 1 Fepresentative regardless of population, 2 city must initially meet a minimum Population of 250,000 ia order to be similarly entities (Aquine v. COMELEC. GR No. 189793, 2010) Ea 2015 POLITICAL LAW PRE-WEEK REVIEWER, Q: Ta be entitied to an additionat district, does 2 city have to increase its Population by another 259,0007 A: No. While Section 5 @}, Artie Vi requires a city to have 3 minimum population of 250,000 to be entitled to a sepresertative, it does nat have to increase ts population by another 250,009 to be enlitled to an additional district. @ In case of vacancy in the Sanate or. the House of Representatives, js..it mandatory to fill up the vacancy? ‘ A: No. Section 9, Article VI provides that “in case of vacancy in the Senate ot in. the. House of Representatives, a special election may be called fo fil such vacancy in the manner prescribed hy law, bul the Senator or Member of the House of Representatives thus elected shall serve ‘only for the unexpired terms” (Tolentino’ ¥. COMELEC, GR. No, 187958, 2004), Gz Can party fists that gamered jess than. 2% of the totat votescast occupy 2 seat inthe House? A: Yes. The additionat seats (those remaining after the allocation of Party-list ‘organizations including those that recsived Jess than 2% of the total votes. @: How can a party-list join an electorat contest? Ac it must undergo the process of (1) registration and} Accreditation relates to the privileged Patticipation that our election law grant to qualified registered parties. Registration frecedes accreditation (Magdalov. COMELEC, G.R. No. 190793, 2012). @ Who may participate in party-tist aie Page 5 of 108,2018 POLITICAL LAW PRE-WEEK REVIEWER efdetions? A: Three different groups may participate in the partylist system (1} national parties or ‘organizations; 2) regional parties or organizations; and (3) sectoral parties or organization. 4, National parties of organizations and regional parties ar organizations de not need to organize slong sectoral fines and do not need to represent any “marginalized and underrepresented” list elections provided they register ~ under the party-ist system and do not, fickd candidates in legislative district slectons. A political party, whether majorly or not, that fields candidates in jegistative district elections can patticpate in party-list clections only through is sectorat_ wing that can separately register under the party-list system. The sectorai wing is by itself an independent sectoral party, ands finked to a political party through a coalition, goncems of their sector. The sectors that are “marginalized and underrepresented” include labor, peasant, fisherfolk, urban poor. indigenous cultural . handicapped, veterans, and overseas workers. The sectors that lack “well- defined political constituencies” inctude professionals, the elderly, women, and the youth, ‘4. A majority of the mombers of sectoral "Parties: or organizations that sepresent the marginalized and underrepresented communities,” must belong t% the “marginalized and underrepresented” sector — they Fepresent. Similarly, @ majority of the members of sectoral parties or political consiituencies™ must belong to the sector thay represent. The narinees: ‘of sectoral parties or organizations that represent the “marginalized and underrepresented,” or that represents those who tack “welhdefined poiitical constituencies,” either must befong to thelr respective sectors, or must have -@ track record of advocacy for their respective sectors. The nominees of national and regional patties or omganizations mysf..be bona-fide members of “such parties or 5. Nasional, regional, and sectoral parties ‘of organizations shail not be disqualified if some of their - nominees are dsquaified, provided that they have at least one nominee who remains “qualified (Atong. ”.. Pagleum:.” v- COMELEC, 6. No. 203766; 2013)0- G: Are sectoral parties required: “to adduce evidence showing their track. secord that they have undertaken. to further the cause of the sector they represent? A: No. it is sufficient that their ideals are geared towards the cause of the sector they Fepresent (Abang Lingkod v. COMELEC, GR, No, 206952, 2613) @: Js preventive suspension considered an “interruption” of a term under Section 8, Article X and Section 43 (b) of RA. No. 71607 . A; No, @ preventive suspension cannot simply be considered an interruption because the suspended official continues to stay ia office although barred from exercising the functions and prerogatives of > Page 6 of 108 OTH eothe office within the suspension period. The best indicator of the suspended official's continuity ia office is the absence of & Permanent replacement and the lack of the authority to appoint one since no vacancy exists {Aovino v. COMELEC, GR No. 184836, 2008). @: Can a Congressman be preventively suspended by the Sandiganbayan fer violation of Anti Graft Law notwithstanding the exclusive power of Congress to disciptine its member? A: Yes. Santiago _v. ‘Sandganbayan, —the_—_—stespension contemplated in Section 16 (3), Article VI of the: Constitution is a punishment that is imposed by the Senate or House of Representatives upon an erring member. it is distinct from the suspension under Section 13 of the AntiGraft and Corrupt Practices Act, which is not a penalty but a preventive measure. Since Section 13 of the Anti-Graft and Corruption Practices Act does not slate tal the public officer must be suspended only in the office where he i allened to have committed the acts which he has been charged, it applies to any office As held in which he may be holding. & Compare and contrast the disqualifications fram _—_holding ae rcs Beans eee As oe eee 2045 POLITICAL LAV PRE-WEEK REVIEWER Fewure ‘During [Term | hiceaad @: What are the voting majorities required in Congress? rors aaa es rs Be ae roy . ma ars Barter ete cee ‘See. 16) ZT ot Aa aony afAi—) Ses SOD af Bath | Sec 29 Houses, voting |” ‘State of Wer. ‘Override ‘Wi of AR te | See aU) presidenisvete. _| House of Origin - Quorum Go| Mejerty win | Sec. Tea business: Gargutsive | Aveina Power of ths | Cusnes House a ‘Fax Brompton | Majonty of | See 280 FF] Maprty of Boh | Sec 8, AE new = new vice | Houses, voting | Vi president separately hominsted by the president, ‘Determination tat | WS of Bath [ See. 11, Ae the presiéent 13 | Houses, voting | Vil te | separatety peesidentiat voting ‘lection separately Revocation Wajody of All, | Sac 18, AL proctamstion ‘yoling jointy "| VAL Page 7 of 1082015 POLITICAL. WEEK REVIEWER Bigpity of Ri | See A i vt Wajeay FAN | See 7, AT Si Q: What is the basis for determining the existence of a quorum in the Senate? A. The basis in determining the existence of @ quorum in the Senate 33 the total number of Senators who are in the country end within the coercive jurisdiction of the Senate. (Avelino v. Cuenco, G.R Np. L- 2824, 1949). Q: When does the Electoral Tribunals jurisdiction begin? ‘Ax The HRET may assume jurisdiction only after the candidate is considered a member of the House of Representatives. Tobe-considered:a member, there cust be:. 1. Valid proctamation, 2. Aproper oath; and ‘3. Assumption of the functions of the office as a member of the House (Reyes v. ‘COMELEC, G.R. Mo, 207264, 2013). & What is the minimum’ required number of elected senators belonging to the same potitical party in order for the party to qualify for a seat in the ‘Commission on Appointments? A: A political party must have at feast 2 elected senstors for every seat in the ‘Commission on Appointments (Guingona v. Gonzales, 214 SCRA 789, 1993) Q: Is it mandatory to elect 12 senators and 12 members of the HOR to the ‘Commission on Appointments? A: No. The Consfitufion does not ‘contemplate thal “the Commission on Appointments must necessarily include 12 senators and 12 members of the HOR. ‘What it requires is that there be at least a majority of the entire membership {Guingona v. Gonzales, 214 SCRA 789, 1993). @ fs the rule on proportional representation if Section 18, Article Vt mandatory? A: Yes. tt is. “and does not feave any room for dis fo the majority party in the House to disobey or disregard the rele on proportional representation. Otherwise, the partys-with the majority representation can"BY" sheer force of mumber impose its wii on the hapless minority. Section 18 is, in effect, a check on the majority party (Guingona v. Gonzales, 244 SCRA 783, 1993). Q: What are the limitations to Congress’ plenary power of legistation? x A. Substantive Limits the content of: laws: Express timitations 4. No ex post facto ews. 2. Nobitt of attainder. 3. Congress may net appropriations recommended by the President for the operation of government as specified in the budget. (Sec. 25(1), Art. VP. 4, No public money or property shail be appropriated, applied. paid, or employed, directly or indirectly for the use, benefit; or support of any sect, church, denomination, sectarian institution, or ‘system of religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the: i) armed forces, oF i) aay penal inelitution, or ingease Page 8 of 108without its advice and concurrence (Sec, 30, Art VD. 6. All cevenues and assets of non stock, non-profit educational institutions used actualy, directly, and exctusively for educational purposes shall be exempt from taxes and dues (Sec. # (3), At XY. 7. No law granting @ tite of royalty or nobility shail be passed (Sec 31, Aut. VD. Implied imitations 4. Non-dalegation of legislative powers: delegate polesias nor potest deleyan. 2° Prohibition against the passage of ‘rrepeatable laws. B. Procedural 4. Oneditle and orte-subjact {proscription against riders) 2. Three zeadings on separate days, and distribution of printed copies in iis final form 19 members three days before its passage Exception: When the president certifies to its immediate enactment to meet a public calamity oF emergency. (Sec. 26, Art. YD. @: May Congress write the criteria necessary for the creation of a city, including the conversion of a raunicipality into a city in another law? A: No. The constitution requires the Congress {0 stipulate in the Local Govemment Code al the criteria necessary for such. (League of Cities of the Phil. ot al. v. COMELEG, ef al, GR No. 176951, 2011} . aa ¥ CENTRAL ORS ‘2018 POLITICAL LAW PRE-WEEK REMEWER Dierentiate legislative inquiries under Sections 21 and 22 of Article Vi. Oversight Function Only Department Heads may appess Entire body conducts investigation ‘Any subject matter | Matters elated to the of egitation Department only Mandatory Diseretonary @: Does the sub judice rule apply in inquisiesiraktof legisiation? (A: No. The: sub juice nite: does-not apply int inguiies: inaid of tegislation. The Senate: Rules of Procedure Governing inquiries in Ait of Legislation provide that the filing or pendency of any prosecution of ciminst or administrative action should not stop or abate any inquiry to carry out a legisiative purpose. Hence, no individual can escaps the power of the Senate to investigate, even if he of she has a pending administrative or ‘criminal case (Sabio v. Gordon, G.R. No. 174340, 2006) Q: What is the scope of the Bicameral Conference Committee's powers? ° A: The Bicameral Conference Committee |. Adopt the Bit entirely, or Amend; or Revise: oF |. Fleconcite the House Bill and the Page 9 of 1082015 POLITICAL LAW PRE-WEEK REVIEWER Q; Does the pork-barref system violate the separation of powers? A: Yes. The principle of separation of powers may be violated in two ways: (1) when one branch interferes impennissibly with the perfarmance of germane to the subject of the bits before another branck of its constitutionally, the Committee (Tolenting v. Secretary of assigned functions, or (2) when one Finance, G.R. No, 115455, 1994f-> assumes a function that is more properly entrusted fo another. The enforcement of Q: What are the nonesistetiva fnetions the national budget is a function of Congress? seeps constitutionally assigned fo the executive branch of goverment, Upon approval of the A: CODE: CATIN GAA, the lewemaking role of Congress 4. To act as Nationat board of comes to an end (Belgica v. Ochoa, GR canvassers for President,.and Vice No, 208586, 2013}. President (Art Vil, Sec. 4} 2. Te decide whether the President is Does the pork-barrel system violate Temporarily disabled in the event non-delegabiity of legistative power? reassumes his office after the Cabinet, by a majority of vote of its A. Yes. The system has accoried. members, dectates that he i unable fegistators a post-enactment avthonity: t9-- to discharge the powers and duties identify projects they desire to be funded, of his office. (Art. Vi, Sec. 11}. and to realign and release funds. The post- 3. To concur in the grant of Amnesty enactment: identification. authority. giver ta by the President (Art. Vi, Sec. 19). individual legislators violates the principle of 4, To initiate (HOR) and, to ty al non-delegabifty of legislative power, since cases of impeachment (Senate), legistators are allowed + individually: to against the: ‘exercise the power of appropriation, which a. President is lodged in Congress (Belgica v. Ochoa, b. Vice President G.R. No. 208566, 2013). &. Members of the SC 4, Members of the Constitutional Q: Does the pork-barrel system viotate Commissions the principle of Local Autonomy? ®. Ombudsman For any of the following offenses: A; Yes, it violates the principle of tocal {(CTG-BOB) autonomy since it allows cational officers 10 i. Culpable violation of the substitule their projects in utilizing public ‘Constitution funds for local development (Belgica ¥. Treason ‘Ochoa, G.R. No, 208566, 2013}. ii. Bribery Wv. Graff and corrupfion Q: What are the sequisites for the valid v. Betrayal of public trust transfer of appropriated funds under vi. Other high crimes (Art XI, Section 25 {5}, Article VI? (LSA) Sec. 2-3) 5. To act as.a Constituent assembly for A: 1, Thereis a Law authorizing the the sevision or amendment of the . | President, . Senate President, Constitution. (Art, XVID. ‘Speaker of the House, Chief Justice, > Bage 10 of 108 PRRand heads of the Constitutionat Commissions. 2. The funds to be wansfered are Savings genersied from the ‘appropriations for their respective offices; and 3. The purpose of the wansfer is to Augment an item in the general Appropriations jaw for their -respective offices. @: Considering the above requisites, whatroadtivities under the DAP are unconstitutional? ‘agencies and the declaration of the watrawn unobigated _adotments and unreleased appropriations 2! Savings prot to the snd ofthe fiscal year and without complying with the ‘statutory definiion of savings contained in te General Appropriations Act. * 2. Cross-border transfers of savings of the executive department to offices outside the executive department. 3. Funding -of projects, activities, Brograms ot covered by in the General Aopepriatons Ad (araull v Aquina, GR No, 209287, 2014). Q: When can the President exercise the power of augmentation? AN: The President may, by law, be authorized to augment any item in’ the General Appropriations Law. their respective offices from savings in other iteins of their respective appropriations {Section 25, Article Vi: Sanchez v. COA). 2015 POLITICAL LAW PREAWEEK REVIEWER iV. EXECUTIVE DEPARTMENT @: When is the President immune from suit? ‘A; 1. During tenure, for both officiat and unofficial acts, 2 After tenure, only for offcial acts (Estrada v. Desierto, GR No. 446710, 2001) ee Q: What are the sequisites for = valid claim of Executive Privilege? A: 4. The protected communication must tree yelate to a quintessential and non- delegable presidential power. 2. it must be authored, solicited, and received by a close advisor of the President of the President himself or herseif {operationat proximity test) 3... may be overcame by @ showing... of adequate~ need; suche thats tne trovalabiity of he information elsewhere by an appropriate investigating authority (Nei ¥. ‘Sonate, G.R. No.180643, 2008). Q: fs there an exception to Executive Privitege? A; Yes. Executive priviiege cannot be used to conceal a crime or a possible wrongdoing. Thus, the specific need for evidence in a pending criminal tial outweighs the President's generalized interest in confidentiality (New v. Senate, GR No. 180643, 2008). Q Does Executive Privitege violate the peopie’s right to information? "A: No, Section 7, Articte ll provides that the Page 11 of 10820% POLITICAL LAW PRE-WEEK REVIEWER fight :s “subject to such limitations as may be provided by few". in the case of Ned x. Ermita, peliioner was precluded from divuiging the answers to the 3 questions by Section 7 of RA. No. 6713, Arlicle 229 of the RPC, Section 3(k} of RA. No. 3019, ard Section 24 (e}, Rule 120 of the ROC. These are in addition to the larger concept of executive privilege, which recognizes the public's interest in the confidentiality of certain information (Nerv. Senate, G.R. No, 160643, 2008). @: Is there an exception to the prohibition on the President and hisiher Official family from holding any other office or employment? A: Yes. The prohibition must not be construed to apply t0 posts occupied by Executive officiais without additional ‘compensation in an ex-officia capacity, as Provided by law and as required by the Primary functions of said official's office. These posts do not comprise “any other office” (Nationat Amnesty Commission v. COA, G.R. No. 156982, 2004), Q: What is covered by presidential isnmunity from suit? A; ILextends to official acts of the president during tenure. Unlawful acts of public officiats are rot acts 0f Slate. The officer who acts legally fs not acting as such, but stands in the same footing as any other trespasser. Once out of office, even before the end of the six year tenn, immunity for non-official acts 15 lost (Estrada v. Besietto, GR No. 148710-15, 2001). Q: May it be invoked by a Oepartment Secretary? A: No, Even if the DECS Secretary is an aiter ego of the President, the President's rae immunity from suit cannot be invoked because the questioned acis are not the ‘acis of the President but merely those of a Department Secretary (Gioris ¥. CA, GR Ne. 119903, 2000). Q: What is the doctrine of qualified political agency? A: The doctrine of qualified political agency dectares that, save in matters on which the Constitution or the creumstances require the President to act perst executive and administrative funcllohs fe exercised through executive departments headed ty cabinet secretaries, whose acs are presumptively the acts of the President unless disapproved by the SH8f There can. be no question that the act of the secretary is the act of the President, unless repudiated by the latter. In-arcase, approval of the Amendments.to the Supplemenial Tol Operation Agreement (ASTOA} by the DOTC Secretary had the same: effect as approval: by the: President. The same woult’be true’even without the isstiance: of EQ. No. 487, in which. the: President’ specifically “delegated. to the + DOTC Secretary the suthority to approve contracts entered into by the Tot Regulatory Board (Hontiverns-Baraquel vs. Toll Reguletory Board, G.R. No. 181293, 2015) ~@ Differentiate Ad interim from Teraporary Appointments, A: Ad interim appointments refer to positions that need confirmation by the ‘Committee on Appointment, it is given only while Congress is not in session. it is considered as a permanent appointment (Pamantasan ng Lungsad ng Maynita ¥. JAC, 140 SCRA 22}. Ad interim appointments may be terminated for any of the following causes: 4. Disapproval_of the appointment by the Commission on Appointment Page 12 of 108interim appointment (Matibag ¥. Benipayo, GR. No. 449036, 2002}. ‘Temporary appointments are not subject to confirmation by the Commission on Appointments. Such confinnation, if given ‘erroneously, wil not make the incumbent permanent employee {Valencia v. Peralta, 8 SCRA 692, 1963). Q: What are the conatitutional limitations onthe President's appointing power? A:4. The President may not appoint his oF her spouse and relatives by consanguinity or affinity within the 4' Givit degree 25 members of the: ‘Constitutional Commissions ‘Ombudsman Department Secretaries Undersecretaries Chaimen and heads of pene assumption of office, (See. 14, Art i. 3. Two months immediately before the next presidential elections and up to the end of his or her term, a President or Acting President shaft net "“make appoiniments except temporary executive positions when contiued vacancies therein wil prejudice public service ar endanger public safety (Sec. 15, Art Vi). Bay 2015 POLITICAL LAW PRE-WEEK REVIEWER @: What is the category or categories of officials whose appointments need confirmation by the Commission on Appointments? A: The only officers whose appointments. need confirmation are the head of executive . departments, ambassadors, other public ministers and consuls, officers.of the AFP fram rank of colonel or naval captain, and other officials whose appointment are vested in the Presi Constitution (Sarmiento v, Miso 549, 1987}. Q: Does the assismption of office on the basis of the ad rim appointments issued bythe President amount to + temporary, appointment which is prohibited by Section 1 {2}, Article XC? A: An ad interim appointment is a permanent appointment because it takes. affect immediately and can no. jonges. be: withdrawn by the President once the appointee has qualified into office (Matibag v: Benipayo;. G:F: No: 149036, 2002)" Q: Dees the ban oi. “midnight. appointments” under Szction 15, Article ‘Vil apply to the Judiciary? A: No, the prohibidon does not extend to appointments in the Judiciary, Had the framers intended to extend the prohibition to the appointment of Members of the Supreme Court, they could have explicitly done so. The prohibition is confined to appointments in the Executive Department by the President or Acting President {De Castro v. JBC, 615 SCRA 666, 2010}. Neither does it apply to focal executive afficials (Quirog v. Aumentado, G.R. No. 163443, 2008} URAL2045 POLITICAL LAW PREWEEK REVIEWER : May the succeeding President revoke appointments to the Judiciary made by an Acting President? A: No. Section 14, Arficle Vit refers only fo appointments in the executive department. ICnas no application to appointments in the Judiciary because temporary or acting appointments can only undermine the judiciary due to their being revocable at wilt Prior 1 their mandatory revement or resignation, judges of the first or second. fevel courts and the Justices of the thd level cours may only be removed for cause; but the members of the Supreme Cour may be removed only by impeachment (De Castro v. JBC, 615 SCRA 666, 2010). May the president appoint an individual as acting Solicitor Genera} snd acting Secretary of Justice in a concurrent capacity? A: No. The designation of Alberto Agra as acting Secretary of Justice concurently with his position. as. Solicitor General is in violation of the constitutional. prohibition under Section 13, Anicte Vit. # is of no moment that the designation was in a temporary capacity. The Constitution makes no reference to the mature of the dasignation (Funa v. Agra, 691 SCRA 196, 2013}, Q: What is the nature of the President's power aver locat governments? A: The president's power over local governments is only one of generat supervision, and not one of control, A basic feature of focal fiscat autonomy is the automatic release of LGU shares in the tational intemal revenue a3 mandated by the Constitution (Pimentel v. Aguire, G.R. Neo. 132988, 2000). @: May the President = merge administrative regions? A: Yes. To faciitale the exercise of pawer of general supervision of local government, the president may merge administrative regions and transfer the regional center to Koronadal City from Cotabato City (Republic v. Bayao, GR No. 179492, 2013), Q fs RA. No. 6776, insofar as it confers fo the President disciplinary authority \ -gver the Deputy Ombudsman, valid? A; No, The alter egos of the President and the officiats of the Executive Department are subject 10 the disciplinary authority of the ‘Ombudsman. The deputy Ombudsmen act 3s agents of the Ombudsman in the performance of their duties. Thus, subjecting the deputy Ombudsmen to the power 10° discipine and removal. by: the- President will seriously place at risk the independence of the Ombuciaman. within the Office. of the: Ombudsman: (Gonzales sil v. Office of the President, G.R No. 196231, 2012}. Q: Distinguish between “pocket veto” and “em veto.” A: A pockst vote is when the president is ‘considered to have rejected a bill submitted to him for his appraval when Congress adjouns during the period given fo the president to approve of reject a bil. An item veto or partial veto is the power of @ president to nllfy or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire Jegistative package. Page 14 of 108Distinguish the President's authority to dectare a state of rebellion and the authority ta proclaim 2 state of national emergency. A: The authority fo decane a state of rebelfion emanates from the President's power as Chief Executive. in ‘Saniakas, it wes deemed harmless and without legal Significance, in deciaring a state of nationat emergency, ‘the President did not only sely on Section 18, Aricie Vil, but aiso on Section 17, @: Is @ Presidential prociamation of a state of emergency sufficient to allow the President to take over any public utility? A: No. Since it is an aspect of emergency * Powers in accordance with Section 23 (2), Article Vi of the Constitution, there must be: @ faw delegating such power to the President (David v. Macapagal-Arroyo, G.R. No. 171396, 2008}, What are the safeguards in the exercise of Congress’ grant of authority to take aver private corporations and institutions under Section 17, Article Xil? A: 1. There must be war or a declared ational emergency. 2 Delegation is for a limited period oniy. 3. Delegation is subject to restrictions prescribed by Congress. 4. Emergency powers are exercised 10 camy out a declared national ‘emergency. 2015 POLITICAL LAW PRE-WEEK REVIEWER ‘% May the President issue “decrees” in ‘a state of rebeltion? AL No. PP. No. 1107 is unconstitutional insofar as it grants the President the authority to promulgate “decrees” because legisiative power is peculiarly within the province of Congress (David v. Macapagal- Arroyo, G.R. No. 171396, 2008}. Q: May the Prasident enforce obedience ‘to all laws through the military? 5 e2sinot cal the military {0 enforce oc implement certain laves sucts as customs laws, these goveming farily ‘and property relations, laws on obligations and contracts, ete, Shé can only order the military, under P.P. No, 1017, to enforce Jaws pertinent to its duty to suppress lawiess violence (avid v. Armoyo, GR. No. 175396, 2006}. Q& What are the limitations on the exercise of the President's pardening power?e.- AD +. Cannot extendto.casesof- fampeachment (Sec: 33, Arti: 2. For violation of election laws, must fhave favorable recommendation by the COMELEC (See. 5, Art. XC), 3. Granted only after conviction by Final judgment (Pv, Sale, 250 SCRA 587, 1996). 4. Cannot extend to cases of jegisiative contempt, or civil contempt, 8. Does not absolve civil fabilty. (P. v. Nacional, G.R. No. 11294, Sep. 7, 1999). 6. Does not restore public offices forfeited (Monsanto v. Factoran, 170 SCRA 190, 1989} Q May the President grant executive clemency in administrative cases? A: Yes, but only to administrative cases in ES) SuieS Page 15 of 308 PERSthe Executive branch, not in the Judicist or Legislative branches of government (Llamas ¥. Orbos, G.R. No. 28031, 1991}. Q: A trial judge was found Hable by the ‘Supreme Caurt for serious misconduct and inefficiency, and meted 2 penalty of Suspension from office for & months. The judge thereafter filed a petition for executive clemency with the Office of the President. The Executive Secretary issued 3 resolution granting the executive clemesscy. 1s st valid? ‘A: No. The power of executive clemency ‘cannat be delegated for it was not signed by the President himself but by the Executive Secretary. Also, # cannot extend to administrative cases in the Judiciary because @ will violate the principle of eparation of powers and impair the power ‘oF the SC under Section 6, Article VIN, Q: Distinguish treaties from executive Must be ratited, Q: The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country” party to the treaty is agreeable to the abrogation, provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought fo the Supreme ‘Court, how should it be resolved? A ft should dismiss the case. “The siadiction of the Supreme Court (other 2018 POLITICAL LAW PRE-WEEK REVIEWER lower courts} ove> a treaty is only with respect to questions of its constitutionatity of validity. Hidoes not pertain fo the termination ot abrogation of 2 treaty (Gonzales v Hechanova, G.R No, £-21897, 1963). Q: What are the restrictions prescribed by the Constitution in the power of the President to contract or guarantee foreign loans on behalf of the State? A: Under Section 20, Article Vil, the power V. JUDICIAL DEPARTMENT Q: Can the court exercise judicial power when there is no applicable aw? A. No.. ina. umber. of casas:cdecided, the: Supreme Court ruled that the exercise of Jndiciat power when” there-is:ne-appkeable:’ faw is not authorized. The court has no authority to entecaia ar action for judiciat declaration of citizenship because there was no law authorizing such. proceeding {Chamie Tan v. Republic, GR. No, £-14159, April 18, 1960). An award of honors to a student by @ board ‘of feachers may not be reversed by @ court where the awards are govemed by no applicable law (Santiago Jk v. Bautista, GR Mo, £-25024, March 30, 1970} ‘Courts cannot feverse the award of a board of judges in an oratorical contest (Felipe v Leuterio, @.R. No, L-4606, May 30, 1952)Gr What is the doctrine of judicial restraint? A: This doctrine is well intertwined with the doctrine of separation of powers. The courts should defer to the decisions made by the jegislature and executive branches and shoukd not thwart the implementation of these acts unless they are clearly unconstitutional : What is a “political question"? A: itis @ question, the resolution oF lich has been vested by the Constitution ‘exclusively: tthe people, in the exercise of tet sovereign capacity, or 2. In which fall discretionary authority has been delegated to 2 co-equal branch of the Govemment. Q: is the Judiciary preciuded from reviewing “political questions”? A: No, the. 2" clause af Section 1, Article Viti allows the Court to determine whether’ there has been grave abuse..of discretion amounting to lack or excess of jurisdiction On the part of any branch or instnamentality ‘of government, ts the determination of what constitutes “betrayal of public trust” or “other high crimes” a political question? A: Yes, a determination of what constitutes. an impeachable offense is a purely political question, which the Constitulion has left to the sound discretion of the legislature (Ma. Mereditas N. Gutierez v. The HOR Commitee on Justice, ef al.G.R. No. 793459, 2011), Q: Examples of political questions in jurisprudence. A : 1. interpretation of the meaning of 2015 POLITICAL LAW PRE-WEEX REVIEWER “disorderly behavior” = and the. fegistature’s power to suspend a member (there is no procedure for the imposition of tie penalty of suspension for did the 1935 Constitution define what “disorderly behavior is). The matter is left to the discretion of the legislature (Osmefia, Jc. v. Pendatun, GR 17144, 1960). 2. Whether the court could intervene in a case where the = House of Representatives was said to have disregarded its own sule. The court was held fo have been without authority to intervene {Araye v. De Venecia, G.zr, Mo. 127255, August 14, #997}. Uelemational Catholic ‘Migration Commission v. Hon. Cailgj, G.R Na. 85750, September 1990), @: Examples of cases in jurisprudence where there was held to be ao patitical question involved. As. t Apportionment of representative” districts (because: there: are. constitufional ules governing apportionment) (Aveling v. Cuenco,. GR Np 1-2821, March 4, 1949). 2 Suspension of the privilege of the writ of habeas comus is not 3 political question because the Constitution sets Tints to’ executive Siseretion onthe matter {Montenegro v. Castafieda, G.R. No. £4224, August 30, 1952). 3. Manner of forming the Commission on Appeintments (Daza v. Singson, GR No. 86344, December 21, 1988; Coseleng v. Mitre, G.R No. 26649, July 12, 1990; Guingona v. Gonzales, GR No 106971, October 20, 1992). 4. Constilutionality of Pork Barrel system (Belgica v. Ochoa GR. No. 208585, November 19, 2053) aa pee Page 17 of 108Q: What is the “operative fact doctrine"? A: When the assailed legistalive act or ‘executive act is found by the judiciary to be contrary to the Constitution, it is nual and void. However, the actual existence of a statute prior to such determination is an operative fact and may have consequences which cannot be erased by @ new judicial dectaration. Thus, for a period of time such statute, treaty, executive order, of ordinance was in “actual existence.” iis considered as ‘an operative tect The doctrine of operative facts means that before a law was deciared unconstitutional, its actual existence must be taken into account, and whatever was done while the Jaw was in operation should be recognized as valid. (Suggested Answer fo 2010 Bar Examination). Q: Can an administrative practice be the basis for applying the operative fact doctrine? A: No. The doctrine of operative fact’ states thet @ judicial declaration of invaligity may: not necessarily obiterate aif the effects of vor’ act prior to the declaration, For the operative fact doctrine fo apply, there must be a law or an exeoyive issuance invalidated by the courl, ts effect, when relied upon by the public in good faith, may have to be recognized as valid (CIR v. Sam - Roque Power Corporation, 747 SCRA 68, Borg : When Is the operative fact doctrine not applicable? Ac As a nile, an unconstitutional taw is void and produces mo cights, duties, and affords no protection. Being vokd, Fertiphil is not Tequired to pay the fevy and all levies paid Should be refunded in accordance with the: general civil code principle against unjust enichment. Post operative fact doctrine cannot be invoked if it will constitute an Oa 2015 POLITICAL LAW PRE-WEEK REVIEWER. unjust enrichment. in the case of Planters v. Fertiphi, the tax on fertilizers had already been collected and applied to 3 privale corporation's needs. This was by virtue of the faw imposing the tax. If the operative fact doctrine would be applied in this case it would sanclion the enrichment of the Planters Product at the expense of the Festiphit (Planters Products, inc. v. FedtiPhit Corporstian, GR. Ne. 166006, 2008), @ Can inferior courts exercise judicial review? A: Yes. Since the power of judicial review flows from judicial power and since inferior ‘courts are possessed of judicial power, it may feity be inferred that the power of Judicial review is not an exclusive power of ++ the Supreme Court, Q: Boes the Court of Tax Appeals (CTA) have to power fo issue writs .of certiorari? A: Yes. Section 1, Article VIR vests judicial: power in the Supreme: Court: and"iar tower ‘courts establishes: by laws. Judicial: power ~< inckudes: the determination whether there- has been grave abuse of ciscretion on the part of the govemment. The CTA has the judicial power to detemine whether the RTC gravely abused its discretion in issuing an intedocutory order int cases falling within its exclusive appellate jurisdiction (Manila v. Grecia-Cuerdo, G.R. No. 175723, 2014). @: What happens if the President és not satisfied with the list submitted by the JBC? A: He may ask for another list. But once the appointment is issued by the President and accepted by the nominee, i needs no fusther conficmation. Page 18 of 108é 2015 POLITICAL LAV! PRE-WEEK REVIEWER Q: Can both 3 senator and congressman sit in the JBC as representatives of Congress? A: No. There is only one representative of congress entitled to one vole in the JBC {Chavez v. JBC, G.R No. 202242, 2013}. Q: is the JBC required to hold hearings ‘on the qualifications of nominees? A: No. The process by which an_on objection is made based on Section 2, Rule “VS of JBC-008 is not judicial, quasi judicial, of fact Finding because it does not aint t determine guitt ot innocence akin to a .eriminal or administrative offense. Rather, it 48 10 ascertain the fitness of an applicant vis- avis the requirements for the position (Uardaleza v. Chief Justice Sereno G.R. No. 213281, Aug 19, 2014) Gi “Can the President appoint a temporary member of the Supreme Court? A: No. There can be no doubt that the Chief - Justice and Associate Justices required by the Constitution fo compose the Supreme - Court are regular members of the Court. A temporary member would be a misnomer, implying a position not contemplated by the Constitution. Thus, @ law which authorizes the President to designate any judge of the ower court or cadastral judge to act as member of the Supreme Court is void, @: What cases must be decided by the ‘Supreme Court an banc? A, The cases to be decided by the SC en banc are as follows: +. All cases involving constitutionality of a: (LIT) 3. Law b. Intemational or executive agreement c. Treaty 2 At” cases involving the 3. Al cases required to be heard en banc under the Rules of Court, 4. Appeals ftom Sandiganbayan and ‘roca the Constitutional 5. Gases heard by a dvidion where. required majorly of 3 was not obtained. principle of law laid down by the Supreme Court en banc or by a division. 7. Administrative cases to discipline or dismiss judges of lower courts. 8. Election contests for President and Vive-President, Note: olfier caves outside: the- enumeration: are: heard: in: Division, and. are: decided: oF resolved «with the concurrence of a majority: of the members who actually took partin the deliberations on the issues end voted thereon, but in na case without the ‘conourvence of al feast 3 such members. Q: A law fixing the passing grade inthe Bar examinations at 70%, with no grade lower than 40% in any subject is constitutionat. A; False, Such law entails an amendment of the Rules of Court promulgated by the Supreme Court. The present Constitution has taken away the power of Congress to alter the Rules of Court. The taw will violate the principle of separation of powers.= 2018 POLITICAL LAW PRE-WEEK REVIEWER SD G: What are the requisifes for a 3° party foie case? Vi. CONSTITUTIONAL A: 4. The litigant must have suffered an COMMISSIONS: injury-in-fact, thus giving him or her 2 “sufficiently concrete interest in the outcome of the issue in dispute; : What are the institutional safeguards 2. The fitigant must have a close to guarantee the independence of the relation fo the third panty, and Constitutional Commissions? 3. There must be some hindrance fo : the third party's ability to protect his A: 1, Thay are constitutionally created, and ‘oF her own interests (White Light v. may not be abolished by statute. City of Masia, 578 SCRA 416, 2, Each ia. exgcessly described as . . 3. Exch is conferred certain powers 1G: What is a “moot and academic case"? and functions by the Constitution which cannot be seduced by statute. Ac Ht is one that ceases to present a 4, The Chairmen ‘aia members cannot justiciable controversy by virtue of be "removed, except by ‘supervening events, so that a doctaration impeachment. thereon would be of no practical value. As a 5. The chairmen and the members are Fule. courts decline jurisdiction over such given a fairly long tern of offize of 7 ase or dismiss # on ground of mootness yours. (Guns, Srv. Commissioners, The 8. The Chairmen and members may COMELEC, G.R. No. 188792, 2909). not be re-appointed or appointed in @ What are the exceptions to the mule vo. aracing-capacity: shat the Ccusts waif not entertain “moot” 7 The salaries of the-Chairmen-and questions? (GEN-C) mmembers~ are: relatively: high and. : may not be decreased during A: 1. A Grave violation of the ‘continuance in office. ‘Constitution. 8. The Commissions enjoy fiscal 2. The Exceptional character of the autonomy (Sec. 5, Art. IX-A). ‘sitweiion and paramount public 9. Each Commission en banc may interest is involved. promulgate its own procedural niles, * 3- A Need to formulate controling provided they do not diminish, principles to guide the bench, the increase or modify substantive sights: bar and the public. (See. 6, Art. DCA) 4. The fact that the case is Capable of 10, The Chairmen and members ace repetition yet evading review, subject to certain disqualifications . catculated to strengthen their integeity. 44. The Commissions may appoint their own officials and employees in accordance with Civit Service Law. {Nachura, Reviewer in Political Law, 325}.GQ: What are the inhibitions or disqualifications? A; 4. Shall not, during tenure, hold any other office or employment. 2. Shall not engage in the practice of any profession, 3. Shall not engage in the active management or contrat of any business which in any way may be affected by the functions of his office 4. Shalt not be financially interested, directly or indirectly in any contract vsith, oF in any franchise or priviege granted by the Government or any of @: What Is the remedy of a person adversely affected by a decision of any of the Commissions? A: It may be brought to the Supreme Court via certiorari in cases of grave abuse of discretion fo patent. and ‘substantial denial of due process and when. there is no other plain, speedy. and adequate remedy. However since 1985, judgments or final orders of quasijudicial bodies may be appeaied to the Court of Appeals witha 15, days trom notice thereot, The change is pursuant to Section 7 which says “unless otherwise provided by this Constitution or by faw." Note, however, that this certiorari remedy is only available if the decision is rendered in actions: or proceedings taken cognizance by the Commission in the exercise of its adudicatory or guaskjudicial powers, it does not refer to purely executive powers. Q: In case of conflict between a rule of procedure promulgated = by a Commission and a Rule of Court, which - prevaits? 2015 POLITICAL LAW PRE-WEEK REVIEWER ‘A: It depends upon the venue. The sule of the commission shal prevail if the proceeding is before a commission. But if before 2 court, the Rules of Court prevait. @: What is the “rotational scheme of appointments" and what are the 2 conditions for its workability? At The first appointees shalt serve terms of 7, 5 and 3 years, respectively. After the first commissioners are appointed, the rotational ‘The.2. conditions for its workability are: how'The terms of the Fitst Chairman and Commissioners should start om a common date, imespectve of variation of dates oftheir appointments end qualifications; and 2. Any vacancy due -to- the desth, Fesignation of disability before the ‘expiration of the term shoutd be filled oniy-for:the unexpired: balance: of the: ~ tem. Q: What constitutional offices does: thes: rotational scheme oF appointments - =ppty? A; The rofafonal scheme applies 10: 4. Civil Servica Comission 2. Commission en Elections 3. Commission on Aucit 4. Judicial and Bar Councit A. THE CIVIL SERVICE COMMISSION {csc} Q: What is the covered by the Civil Service Commission? (BIGAS) AS 1. Branches: instrumentatities GOCCs with original charters Rgoncins of the government ae pea Pai Page 21 of 108 RM5. Subdivisions Notes: + "With Original Chastes" means that the GOCE was created by special law or by ‘Congress. + If incorporated under the Corporation Code, it does not fail within the Civil Service and {5 not subject to the CSC + Sf previously government-controlled, but is laser privatized, i ceases to fall under CSC, + Jurisdiction is delesmined as of the time of fling the complaint. Q: May the CSC disatiow an appointment te a position authorized by law but not included in the index of Occupational’ Service? Av No. Afthough the CSC mules timit appointments fo positions within the index ‘Of Occupational Service, nevertheless, il is fienited to the implementation of the taves itis tasked fo enforce. RA. No, 8494 exernpted the Trade and investment Comporation from conforming 10 the position classification, thus, the appointment is vaid (Trade and Investment v. CSC,G.R.No. 182248, 2013). G: May the CSC tenminate the employment of a civit servant? A: No, the CSC is not @ coimanager or Surrogate administrator of government offices and agencies. its functions and authonty are limited to approving or reviewing appointments to determine their compliance with requirements of the Civil Service Law. On its own, the Commission does not have the power to terminate employment or drop members from the rolis: (UP and Torres v. CSC, G.R No, 132860, Apr. 3, 2001), ae 2015 POLITICAL LAW PRE-WEEK REVIEWER Q: What is the concept of security of tenure in the Civil Service Law? A: No officer or employee of the civil service shall be removed or suspended except for cause provided by law (Sec. 2 (3), Ast. Xt &). Q: What are the classes of non- competitive positions and are they covered by the guarartee of security of fenure? “AAP Policy determining 2. Primarily confidential 3. Highly technicat A...position is consktered primarily confidential if the nature of the office sequires close intimacy between the appointee and appointing authority which insures freedom of intercourse without ‘embarrassment or freedom from misgiving of betrayal of personat trust on confidential matters of state, They: are. covered. by the guaranine of. Security of tenure but the termination of their: officiat rotation can: be justified: or the- ground:of loss of confidence because in that. case their cessation from.office involves na- removal but the expiration of the term of office, G@ What is “partisan politicat campaign”? A: No officer or employes in the civil service shatt engage, directly or indirectly, in any electioneering or partisan political campaign: (Sec. 2 (4), Art. XB). ‘The phrase involves any farm of solicitation cf the electors vote in favor of a specific candidate. But this does not prevent the expression of views on current polificai problems or issues, or mention of the names of candidates for public office whom the public officer supports, Page 22 of 108Exempt from this provision are members of the Cabinet and public officers and employees holding political offices. Q: Section 7, Article 1X-B states that “No Clective official shail be eligible for appointment or designation in any capacity ta any public office of position during his tenure”, is this rule absolute? ‘What are the exceptions, if any? . A: It is not absolute. The Vice, President ‘may be appainted memiber of tha Cabinet; ‘and a member of Congress is designated to sit in the Judicial and Gar Councit : The Civil Service Commission, took back up fies in the computerof an ‘employee fo determine if he was acting A: Ne. To determine whether an employee has a reasonable expectation of privacy, {he following factors should be considered: The employes's relaionstip tothe tem. 2. Whether the tom was the inmediate controf of the employee. 3. Whether the employee took actions io maintain his privacy in the item, The Supreme Court deciared that Polle did not have 2 reasonable expectation of privacy over the computer files in view of the following facts: (1) Polo's computer was issued by the government, and could be used only for govemment business; (2) There was a memo policy restricting use of the computer expressly stating that the use of password does not imply privacy; {3} She allowed other peopfe to access the computer; and (4) there is reasonable ground for suspecting the computer files will Produce evidence of the misconduct of the ernployee {Polfo v. Constantine David, 6.R. No, 181881, 2011) ea 2015 POLITICAL LAW PRE-WEEK REVIEWER B. THE COMMISSION ON ELECTIONS: {COMELEC) Q: What are the powers and functions of the COMELEC? A: The powers and functions of the COMELEC are as follows: 1. Enfarce and administer aff faws and regulations celative tc the conduct of an efection, plebiscite, ——iitiative, referendum, and recall. = COMELEC can enjoin construction of public works within 45 days of an lection. + The COMELEC can take cognizance ‘of any question on the conduct of plebiscite such as to comect or check what the Board of Canvassers ‘erroneously or fraudulently did during the canvassing, veify ar ascertain the results of the ptebiscite either through, pre pre-prociamation case of through revision of ballots. ~The: pawar.:of, the: COMEKEEC" te’ scertain-the resuks'of the plebiscite. is iepticit ithe pawer to: enforns all laws relative to the conduct--of: plebiscite. + COMELEC can fake jurisdiction over cases involving parly identity and jeadership or controversy 23 to Jeadership i the party. Such jurisdiction is sourced from the genoral power of the Commission to administer laws and rules involving the conduct of election. 2. Exercise a. Exclusive original jurisdiction over ail contests relating to the elections, retumns, and qualifications of all elective regional, provincial, and sity officials + Election contests in the Sangguniang Kabatsan are not under COMELEC jurisdiction but, vee Page 23 of 108.ii. Elective barangay officials decides by tial courts of i+ dimited jurisdiction, ¢. Gecisions, final orders, or rufings of + Exception: May be appealed to «he.SC EN BANC on question + When the decision is brought on. a special civil action for certiorar, prohibition, oF mandamus under Rule 85 for grave abuse of discretion under Article X-A Section 7. 8. Contempt powers i COMELEC can axerciss this power only in relation to as adjudicatory or quasi judiciat functions. it cannot exercise this in connection with its purely executive or ministerial ‘+ Us jurisdiction over ‘contests’ (after prociamation) is in exercise of ifs judicial functions, € Issue writs of certioran, prohibition and mandamus in the exercise of is appellate jurisdiction, 3. Decide, except those involving the right to vote, all questions affecting efections, including determination of the number and jocation- of polling places, appointment of election officials and 2045 POLITICAL LAW PRE-WEEK REVIEWER inspectors, and registration of voters. Note: these petitions are cognizable by the Regular Cousts (MTC). 4. Deputize, with the concurrence of the President, taw enforcement agencies and —instrumentafities of the Gevemment, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, ondedy, honest, peaceful, and credible Notes: a. This power is not firrited to the election period. 5. Applies fo both iminal and séministrative cases, 5, Register political parties, organizations, or coalitions, accredit citizens’ arms of ‘the Commission on Elections. Notes: &. Political parties, ete. -must-present- their platform’ or program. of b. There shouid= be: sulficient ‘publication, c. Groups that cannot be registered: i. Religious denominations or sects. i Those thaf'seek to achieve their goals through violence or untawhel means. Those that refuse ta uphoid and adhere to the Constitution. ‘Those supported by any foreign guvemment, e.g, receipt of financiat contributions velated to elections. 2 6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion, of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions a) Page 24 of 108 OER2033 POLITICAL LAW PRE-WEEK REVIEWER 3. COMELEG has exclusive investigate and Prosecute cases for violations of election taws. 2 COMELEC can deputize Prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC. measures fo minimize —_etection spending, including Smitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, snaipractices, and nuisance candidacies. 8. Recommend to the President the Femeval of any officer or employes it has deputized, or the imposition af any other disciplinary action, for violation or disragard of, oF disobedience to its directive, order, or decision. @. Submit to the President and the Congress 2 comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall. Q: What is the vote requirement for a valid COMELEG en banc resolution? A: A majority of the votes, or 4 votes, if the ‘Six members are evenly divided, the COMELEC should rehear the case {Sevilla ¥. COMELEC, &.R, 203833, 2613). Q: Does the COMELEC have jurisdiction ‘over intra-party disputes? A: Yes, The ascertainment of the identity of @ political party and its tagitimate officers is % me 4 matter that is well within ts authority. The COMELEC has the power to enforce and adivinister all laws and regulations relative to the conduct of an election. To resolve the issue, the COMELEC need only refer to the Party Constitution. tt need not go as far as io resolve the root of the conflict between the parties. it need only fesolve issues as may ne necessary in the exercise of is enforcament powers. @ What political parties... and ‘organizations may nat be registered? A: 1. Religious denominations or sects. 2. Those that seck to achieve their goals through violence -og,uuntawtul means, * ‘3. Those that refuse to uphold and adhere to the Constitution, 4, Those supported by any foreign. goverment, : ‘@: Powers not given te COMELEG. < AST. Detide questions involving: the right 10 vole. (placed: uniter: jurisdiction of. courts), 2 Transfer municipalities. frome ona. congressional district to another for the purpose of preserving proportionality. @ Is the election of Sangguniang Kabataan = members within tha jurisdiction of the COMELEC? A: No, the election, and ccatests involving the election of SK officials do not fall within the jurisdiction of COMELEC. Thus, it was within the authority of the DILG Secretary to exempt a local government unit from holding SK elections (Alunan v. Mirasol, GR. No. 122250 & 122258, 1997). Page 25 of 108® (Yap v. Commission oa Audit, G.R. No. 158562, Apnit 23, 2010). 2. Conduct post-audit with respect 10 the foliowing 2. Constitutional bodies, commissions, and offices granted fiscal autonomy. b, Autonomous state colleges and universities, & GOCCs and their subsidiaries incorporated under the Corporation: Code. * 4. Non-governmental ‘atti receiving subsidy or equity, directly ‘or indirectly, fam or through the , which are required:by~. Jaw the granting institution” te-* submit to such audit. 3. If COA finds the internat control system ~ of audiied agencies inadequate, COA may — adopt Measures, including temporary or special pre-audit, as necessary to ‘correct deficiencies. 4. Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto. 5. Exclusive authority fo define the scope of COA’s audit and examination and io establish the techniques ang methods required. 5. Promulgate accounting and auditing tules and regulations: a. Including thos, for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures of government funds and properties. &. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure. aS 2015 POLITICAL LAW PRE-WEEK REVIEWER : Does COA have jurisdiction over the Local Water Usiities Administration? A: Yes. A water district is a GOCC with a specat charter. Under Section 2, Subdivision D, Article 1X of the 1987 Constitution, itis the mandate of the COA to audi all government agencies, inchuding GOCEs with orginal charters (Barbe v. COA GR. No, 157542, 2008) Q: Classify the functions of the COA. Examine and audit ait of government revenues. Examine and audit at forms of ‘government expensitures. ‘Sete goverment accounts. Promulgate accounting and auciting rules inducing those for the prevention and disallowance of imegular, unnecessary, excessive, extravagant or unconscionable ‘expenditures. . 5. Decide administrative * cases iwoWving. expenditures. of » public, fords. AL ae op Q; Do the Bay Scouts of the Philippines’ fall under the COA’s audit jurisdiction? A: Yes, in Boy Scouts of the Philippines v. COA, the Supreme Court held that not all corporations, which are not govemment ‘owned of controlled, are ipso facto to be considered private corporations as there ‘exists another distinct class of corporations or chartered institutions which are otherwise known 9s “public corporations." These corporations are seated by law as agencies ‘or instrumentalities of the government which are not subject to the te5i5 of ownership or cantrot and economic viability but {9 3 different criteria relating to their public purposesfiniarests or constitutional policies and objectives and their administrative felationship to the goverment or any of its depariments or offices, Page 27 of 1082058 POLITICAL LAW PRE-WEEK REVIEWER What cases decided by COMELEC are ‘subject 20 judicial review? A: Decisions or determinations by COMELEC in the exercise of its administrative (not quasijudicial) power may be questioned in an oxdinaty civil action before the tial cout (Fifpinas Engineering & Machine Shop v. Ferrer, 135 SCRA 25, 1985). Q: Who has jurisdiction to determine the presence of “probable cause” in election cases? A: The finding of probable cause and the prosecution of election offenses rests in the COMELEC's sound discretion (Baytan v. COMELEC G.R. No. 163945, 2003}. The Chief State Prosecutor, who may have been designated by the COMELEC to prosecute a criminat action, mesely derives his authority from the COMELEC. It is beyond his power ta oppose the appeal tate by COMELEC (COMELEC v. Silva, (286 SCRA 177, 1998). G: How is judicial review of COMELEC decisions invoked? A: A patition for certiorari via Rife 65 of the ROC fs filed with the Supreme Court within BO days from receipt of a copy of a final + order, ruling, or decision of the Commission en bane. (Aratuc v. Comelec, 88 SCRA 251, 1979). @ Can the COMELEC disqualify candidates who cannot wage 2 Rafisewide campaign and are not Dominated by a polifical party as candidates in elections? A; Yes. The equal access to opportunities for public office under Article tf is not set execulory. It neither bestows a fight nor alevates the privilege fo the level of an enforceable right. Such privilege may: be subjected to limitations (Chavez v.—~ wae COMELEC, GR No. 161872, Aprit 13, 2008, C. THE COMMISSION ON AUDIT {COA} Q: What are the powers and duties of the COA? A; The poviers and duties of COA are as follows: 1, Examine, audit, and settle aif accounts pertaining to: a Revenue and receipts of funds of property b. Expenditures and uses of funds or property owned of held in trust by. ‘or pertain to: 1. The Government iL Any of its subdivisions agencies or instrumentaiities . 1H, GOCCs with original charters. = SOA is endowed wih enough government funds. + in resolving cases brought before it ‘on appeal, COA is not required to fimit #s review only fo the grounds relied wpon by @ govemment agency's auditor with respect to disallowing certain disbuesements of public funds, In consonance with its generat audit power, COA is not merely fegally permitted, but is aise duty-bound 0 make its own assessment of the merits of the disaliowed disbursement and not simply restrict itself to reviewing the validity of the ground refed upon by the auditor of the government agency concemed. To holt otherwise would render COA’s vitst constitutional power unduly limited and thereby useless and ineffective Page 26 of 108AS presently constituted, the BSP is a public corporation crated by law for a public purpese, attached to the Depsriment of Education Cutture and Sports pursuant to its Charter and the Administrative Code of 1987. It is not a private corporation which is required to be owned of controlled by the government and be economically viable to justify its existence under a special law. The eccnomie viability test would ‘only apply if the, comotation is engaged in some economic activity oF business function for the government, which is not the case for BSP. Therefore, being a public corporation, the funds of:the BSP fal under the jurisdiction of the Commission on Audit (Boy Scouts of the Philippines v. COA, GR. No. 17131, June 7, 2041). Q: A-was a career ambassador when he accepted arr ad interim appointment as Cabinet member. The COA bypassed his ad interim appointment, however, and he was not reappointed. Can he re-assuma his: position as a career ambassador? A: No. His ad interin appointment as @ Cabinet member was 2 permanent ‘appointment. He abandoned his position as Ambassador when he accepted his appointment as Cabinet Member because: as Cabinet Member, he could not hold any ‘other office during his tenure, Q; Is the Manila Economic and Cultural Office subject to audit by the COA? A; Yes, the MECO is sui generis. It was established when the Philippines severed diplomatic relations with Taiwan upon recognition of China, None of its members are govesnment officials. it is neither 2 GOCE nor an instrumentality, Its functions sare one of a kind that would otherwise be performed by the diplomatic and consular ‘offices of the Philippinas. Nevarthelass, the consular faas collected by the MECO may 2055 POLITICAL LAW PRE-WEEK REVIEWER be audited by the COA. @: Are water districts within the coverage of the COA? : Yes. A water district is a GOCC with a special charter since it is created pursuant to @ special law. Thus, COA has the authority fo investigate whether directors, officials or employees of GOCCs receiving allowances and bonuses are entitled to such benefits under applicable laws (Davao Water Distict v. CSC, G.R. No, 95237-8, 1997), @: Can COA disallow JESDA from paying a healthcare allowance to their employees? A: Yes. COA is generally accorded complefe discretion in the exercise of its consfifusional duty and responsibilty to: examine and: audit expenditures of public funds, Only in instances when COA acts without or in excess of jurisdiction or with grave abuse:of discretion emounting to:lack~ os excess of jurisdiction shalt the” Court” interlere (FESDA v..COA, G:R Nox, 196418, Feb 10, 2078). Vi. BILL OF RIGHTS 1 Q: What are the inherent or fundamental powers of the State? AD 1. Police Power 2. Power of eminent domain 3. Taxation These belong to the very essence of government, without which no goverment can exist. A constitution does net grant such powers to ; @ constitution -can only define and delimit them and allocate their exercise among various government agencies. Page 28 of 108. What are the differonces among the three powers of the State? A: Astorty | ovement Se | ovement @. What are the requirements for the validity of local ordinance? CODE: COD-PUT As 1. Must not contravene with the Constitution and any alher statute. ‘Must not be unfaie or Oppressive. Must not be patiat of Discriminatory. ‘Must be general and consistent with Pubic policy. 5. Must not be Unreasonable. 6. Must not prohibit, but may regulate Texte. aon pea) 2035 POLITICAL LAW PREWEEK REVIEWER G: Are private acts subject to the protection of the Bill of Rights? . A: No. By definition, the Bilt of Rights is a set of prescriptions setting forth the fundamental civit and political rights of the individual, and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights (Nachura, 31}. proper, in the Ravised Penal Code. (Bamap.: The 188? Constitution of the Republic of the Philippines, 2009 ed.) Q: Who are protected by Due Process? "; A: 1. All natural persons 2. Artificial persons — only insofar as. their property is concerned. (Smith . Bell & Co. v. Natividad, 40 Phil. 163, 1919). A: Yes. The: Die: Process. Clause: it Article i, Section 1 of the Constitution. embodies 2 system of rights based on morat principles so deeply imbedded in the traditions and feelings of our people a3 to be deemed fundamental to 2 ‘civilized society as conceived by our entire history. it is & constitutional restraint on the legislative as well as on the executive and judicial powers of the government provided by the Bil of Rights. On the other hand, Statutory Due Process is a procedure created by law, which upholds the constitutional righ! of a person to due process. Page 29 of 108@ Is the fight to a pretiminiry fiwestigation a constitutional right? A: No, il is merely 2 statutory right It is required before the filing of a complaint or information for an offense where the penalty prescribed by jaw is at least 4 years, 2 months and 1 day, without regard to the fine (Serapia v. Sandiganbayan, GR No. 148468, Jan. 28, 2003}. Q: Is there a hierarchy of rights in Article Ww? A: Yes. While the Bil of Rights also protects property tights, the primacy of human rights ‘over property rights is recognized. Property and property sights can be last through prescription; but human rights ace imprescriptible. The superiority of these freedoms over property sights is underscored by the fact that a mere reasonable or rational relation batween the. means employed by the law and its object or purpose — that the faw is neither arbitrary nor discriminatory nor oppressive’: — would suffice to validate 2 law which~ resticis or impairs property rights (Phiippine Blooming Mis Employment Orgenization y. Philippine Blooming Mills Ca, GR. Na £34195, 1973}. Q: What are the requisites of a valid exercise of police power in connection with substantive due process? A: 1. The interest of the public generally, as distinguished from those of @ paricular class, requires such interference. : 2. That the means are reasenably necessary for the accomplisament ‘of the purpose and not unduly oppressive upon individual 2015 POLITICAL LAW PRE-WEEK REVIEWER’ Ge What are the eléments of due process in judicial proceedings? A: CODE: JN 1. An impastial court or tribunal clothed 2. with JUdicial power to hear and determine the matter before it, 3. JUrisdiction must be lawfully acquired over the person or subject matter 4. JUdgment must be rendered upon & tawtul heariig. 5. The deferidarit must be given Notice and an opportunity to be heard. Q: What are the elements of due process in administrative proceedings? A: CODE: HIP DESK 4. The right fo a Heasing, which includes the right to present one's case and submit evidence in support - thereof, 2. The tribunal or body or any of its: judges must act on its or his. own: Independent consideration of te~ law and facts of the. controversy, and. Laot:simply accept the: views. of a subordinate in aniving at a decision. 3. The decision must be based on the evidence Presented st the hearing ‘of at least contained in the record and disclosed to the parties affected. 4, The Decision must have gomething to support itself. 5. The tribunal must consider the Evidence presented. 6. Evidence supporting the conctusion must be Substantial. 7. Tre board or body should, in ail controversial questions, render its decision in such a manner that the parties 10 the proceeding can Know the various issues invalved and the reasons for the decision rendered. Page 30 of 1082045 POLITICAL LAW PRE-WEEK REVIEWER @: t& the Philippine Military Academy {PMA} bound by the due process standands in student disciplinary cases? A: Yes, The PMA is not immune from the 4. When administrative agencies are stictures of due process. The statement exercising their quasiegislative that “a cadat can be compelted to surrender functions, some civi rights and Eberties in order for the 2. When administrative agencies are Code and System to be implemented” exercising their quasijudicial simply pertains to what cadets have to functions # temporary pending Sactifice in order lo prove that they are men hearing. or women of integrity and honor, such as 3. Abatement of nuisance per ne. thecright fo entertain vices and the right to 4, Granting by courts of provisional frepigschoose what they want to say of do. remedies. Jn the context of disciplinary investigation, it 5. Cases of preventive suspension. does not contemplate a surrender of the 6. Removal of temporary employees Aight to due process but, at most, refers to in the government. the. cadats’ rights fo privacy and to cemain 7. Issuance of wattants of distraint sitent (First Class Cadet Adria Jeff P. Cuda andor fevy by the BIR of thePMA v. The Superintendent of the Commissioner. PMA, GR. No. 244362, February 24, 2015). 8. Cancellation of the passport of a person charged with a crime. Q. What-are- the. requirements-of. due: 9. Suspension of a bank's operations process in deportation proceedings? tay the Monetary Board upon a prima : facie finding of liquidity problems in &, CODEZSP-CP- such bank. +. Charges’ against” an~-alien” must” Specify the acts: or omissions: Q: What sre the minimum standards of complained cf. due process in student disciplinary 2. Preliminary investigation . —. to. cases? Getermine whether there is sufficient cause to charge respondent with AC CODE: ISAC deportation. 4. The students must be Informed in 3. Follow rules of Criminal procedure. writing of the nature and the cause 4. Brivaie prosecutors should nat be of any accusation against them allowed to intervene, 2. They shall have the right fo Answer the charges against them, with the assistance of counsel, if desired Q: Does media coverage in criminat 3. They shall be Informed of the cases violate the right of the accused to evidence against them 2 fair trial? 4, They shail have the right to Adduce evidence in their own behalf A: Not necessarily. The right of an accused 5. The evidence must be duly to a fair frist is not incompatible to a free Considered by the investigating press, that pervasive publicity is not per se Committee or official designated by prejudicial to the right of an accused 16 a fair the schoot authorites to hear and trial, and that there must be allegation and . decide the case. proof of the impaired capacity of a judge to render a biasfres decision, The “Courtpartially granted’ pro hac vice petiiicners’ prayer.for a live broadcast of the trial court proceedings, subject to sirict guidelines (in Re: Petition For Radio And Ty Coverage Of The Multiple Murder Case Against Zaldy Ampatuan Et Ai, AM, No. 10-11-5-SC, 2011), G:_What is the Vold for Vagueness doctrine? guess as to as meaning anc differ as to its application. it should be distinguished from these couched in imprecise language which - can be saved by proper construction, ~'*2 Q: What is the Over-Breadth doctrine? A:-The:doctrine provides that a government purpose may not be achieved by means that sweep unnecessarily broadly and thereby invade the area of protected freedoms. @. Are’ void: for vagueness: and: over breadth doctrine applicable. ta: cciminak. statue? A: No. It only applies to those involving free speech. Criminal statue generally have in ferrorem effect sesuting from the very existence; and, H facial chatlenge is allowed. for this reason alone, the State may be prevented from enacting laws against socialy harmful conduct. Q; When is Facial invalidation proper? A A facial challenge is allowed against vague of overbroad statules because of possible “chilling effect” upon protected speech. The theory is that "[wihen statutes segulate or proscribe speech and no seadily apparent construction suggests itself as a vehicle for rehabilitating the statutes in a single prosecution, the transcendent value fo all society of constitutionally protected ae 2015 POLITICAL LAW PRE-WEEK REVIEWER expression is deemed to justi'y allowing atlacks on overly broad stafutes with no requirement that the person making the attack demonstrate that his own conduct could not be regulated by a statute drawn with narrow specificity." This rationale does not apply to penal statutes (Estrada vs. Sandiganbayan, GR. No. 148560, Nov. 19, 2001). G: Does the RH Law suffer void for vagueness due to the insufficiency of definition of some terms? AL No. A statute or act suffers from the defect of vagueness when it lacks ‘comprehensible standards that men of common intelligence must necessarily guess its meaning” and differ as to its application. It is repugnant to. the ‘Constitution in two respects: (1) if violates due process for-faluse to accord persons, especially “the: parties: targeted: by it, fair. notice of the conduct to avoid; and {2) it feaves law enforcers unbridied discretion in = ‘canyying:oct its: provisions-and beeomes-an> ssbirasy. flexing. of the Govamimant muscle: - only. be taken in:accondance. wilh their plain: meaning alone, but aiso in relation to otfier paris of the statule, it is a rule that every part of the statute must be interpreted: wittt reference to the contest, that is, every part of it must be construed together with the cther parts and kept subservient to the: generat intent: of the, whole-enaciment. AS. correctly noted by the OSG, ia determining the definition of "private- health-care service. provider,” reference. must. be made to Section 4 (0) of the Rt Law which defines 2 “public health service provider” (iebong ¥. Ochoa, G.AR. 20489, 2014}. - Page 22 of 108@ ts “aiding or abeiting” in the commission of any offense or “attempting” to commit any offense punished in the Cybercrime Prevention overbroad? A: Yes. A user can post a statement, a photo or a video on Facebook. If the post is made available tc the public, meaning to everyone and not only to his friends, anyone on Facebook tan react io the posting, clicking any of several buttons of preferences on the: program's soreen such as “Like.” “eamment” or “Share.” "Like™ signifies that the’ reddér fikes the posting ‘while "Comment" enables him fo post online his feelings or views about the same. When @ Facebook user-Shares™ a posting, the original “posting” Will appear on his own Farebook profile, making it visible to his downline Facebook Friends. Excest for the original author of the assailed statement, the rest (those who pressed Like, Comment and Share) are essentially knestjerk sentiments of readers wha may think little or haphazardly of their response 10 the original. Unless the jaw takes. to. account the unique’ circumstances and’, culture of cyberspace, such a taw will create 8 chilling effect on those who express themselves through cyberspace. Thus, Section 5, which punishes “aiding or abetting” libel on cyberspace is void. (Disin’ ¥. Secretary of Justice, GR. No, 208335 February 18, 2014) @: What is the doctrine of Relative Unconstitutionality? A: A statute valid at one time may become voit at another time because of altered circumstances. Thus, € a statule in its Practical operation becomes arbitrary or confiscatory, its validity, even though affirmed by a former adjudication, is open to inquiry ard investigation in the light of changed condition Employees Association, Inc. v. Bargko Sentral ny Pilipinas, &.R. No. 148208, Dec. 45, 2002). (Central Bank © 2201S POLITICAL LAW PRE-WEEK REVIEWER Q: Distinguish between strict judicial senitiny, intermediate scrutiny and rational basis scrutiny, the three test for the reasonableness of classification. 1. Rational basis - challenged classification needs only be show to be rationally related to serving 2 Jegitimate state interest, 2. iniermediaie — - ~—=—challenged Classification serves an important stale interest and that the Gasification js at feast substantially related to serving that interest. 3, Swict - classification is necessary to achieve 3 compelling state interest and that i is the least restrictive means to protect such interest. Q: {fs there a substantial distinction between clectiva. and appointive officials? A: Yes. Elective officials occupy their office by- virtue. of the mandaia: of the- > elecionats, They are elected team office for~: a: definite: tean. and’ may be semoved: therefront. only. upon ‘stringent. conditions: ‘On the other hand, appointive officials ho thei offco by vate of ther designation thereto by an appointing authority. Some appointive officals holt their office in a permanent capacity and are entitled to security of tenure while athers serve at the pleasure of the appointing authority. {Eleazar P. Quinto and Gerino A, Tolentine, up, ¥. COMELEC, GR No, 189698, February 22, 2010). Q: Dees Section & of the Cybercrime Prevention Act, punishing one degree higher crimes ‘committed through the internet, violate equal protection? A: No. There is substantial distinction between crimes committed through the use of information technology and similar crimes Page 33 of 108using other means. in every cybercrime, the offender offen evades identification and is able to reach more viclims or cause more ham. (Disini va. Secretary of Justice, GR. Na, 203335, February 18, 2014) Q: Does the RH Law violate the right to egual protection of the taw such that it discriminates against the poor as it makes them the primary target of the government program that promotes contraceptive use rather than promoting seproductive health among the poor? : Te provide that the poor are to be given ptlorty in the government's reproductive ~ health care program is net a violation of the equal protection clause. In fac, it is pursuant to Section 11, Article XIN of the Constitution which recognizes the distinct necessity to address the needs of the underprivileged: ty providing that they be given priority in addressing the health development of the people. ft should be noted that Section 7 of the RH Law prioritizes poor and marginalized coupfes who are suffering from fertility issues and desire to have children. There is, therefore, 0 merit to the contention that the RH Law only seeks to target the poor to reduce theic number. White the RH Low admits tha use of contraceptives, it does ot, a5 elucidated above, sanction abortion, Moreover, the RH Law does not presoribe the number of chidren 3 couple may nave and does not impose condiions upon couples whe intend ta have children. Whila the petitioners surmise that the assailed faw seeks 10 charge couples with the duly to have children only if they would raise them in a truly humane way, a deeper look into its pravisions shows that what the law seeks to dois to simply provide priority to the poor in the implementation of government programs 10 promote basic reproductive health'care. (imbong v. Ochoa, GR 204819, pal 2018 POLITICAL LAW PRE-WEEK REVIEWER 2044}. & What are the requisites for searches and seizures with a valid warrant? A: CODE: JPEPO 1, The existence of probable cause is determined personally by the Judge. 2. Wmust be issued upon a finding of probable cause. 3. The judge must Examine under ath the complainant the witnesses he may produce. 4 The warrant must Particularly describe the place to be searched and person or Brings to be seized. 5. tt must be in connection with One specific offense. Q: Must the judge personally examine the complainant and the witnesses? A: No, The judge is not required to.examine: personally. He is only required to determine probable cause personally. He may satisfy himself by fiscal reports;. if ot he may. sequire submission-of affidavit of witnesses: (Solven. v. Makesiar, GA. No. 82585. November t4, 1985}: Q. What is the saquirement for x Joh Doe warrant to be valid? A: R must contain 2 description personae ‘such as to enable the officer to identify the accused {Peopie v. Veloso, G.R No. i- 23051, Cctober 20, 1925}. Q: When cas there be warrantless searches? A: CODE: WIPE MS CACP Waiver of right Incidental to a jawiut arrest Plain view doctrine During exigent and Emergency situations Moving vehicle ‘Stop and feisk rule Seizure of goods concealed to avoid 1. 2, 3. 4 5. 6 7 Page 34 of 108‘Sustoms duties ‘& Alport searches 9. Checkpoints 10. Warrantiless search by a Private individual Q: Can the right against unreasonable search and seizure be invoked against acts of a private individual? A: No. The protection against unreasonable searches and seizures cannot be extended to acts committed by private individuals so as to bring it within the ambit of alleged unlawful intrusion by the goveamment {People v. Marti, G.R. No.81561, January 78, 1992), Q: What are the requisites of the plain view doctrine? A: CODE VIAL 4. There was a prior Valid intrusion. 2. The evidence was inadvertently discovered. 3 The evidence is. immediately Apparent. 4. Plain view is Justified seizure without further search, G: What is the exclusionary ule? A: Any evidence obtained in violation of the and seizure shail be inadmissible for any purpose in any proceeding. However, in the absence of goverimental interference, the protection against unreasonable search and seizure cannot be extended to acis comrnittes hy private individuals. (People ¥ Maiti, GR. No. 81564, January 18, 198%}. 2035 POLITICAL LAW PREWEEK REVIEWER Baise ‘When the person to be arrested has Setermined personaly | committed, is actually by the judge. i committing, or is about to commit 2n offense inthe presence of the arresting officer. When an offense has in: Q: What is the rule on the issuance of” - warrants of arrest or search warrants? A: General Rule: Only a judge may validly issue a warrant of arest or a search: warrant, upon fulGiiment of constitutional {Salazar v. Achacoso, 183 SCRA 145, 1990). Exception: Orders of amest may be issued by Administrative Authorities, but only for the purpose of carrying out a finat finding of a violation of law. (Morana wv Vive, 20 SCRA 562, 1367}. Examples: a Order or deportation b. Order of contempt Page 35 of 108Q Are: search warrnts, which allowed the. seizure of over 100 items from offices suspected of conducting Megat toll bypass operations, generat wasrants? A search warrant fulfils the requirement ‘of particularity in the description of the things to be seized when the things described are limited to those that bear a direct relate 19 the effnsa for which fhe warrant is being issued (Wortwide Wel Corporation v. People, G.R. 181106, en 43, 2014) : May mandatory drug tests be vatidty conducted in schools and private offices? |, A: Yes. The drug test prescribed under Section 36 (6), (d), and () of RA No, 9165 for: secondary and tertiary level students ‘and public and private employees, while mandatory, is @ random and suspiciontess arrangement. The objectiva is to stamp out ifegal rig and safeguard in the process: “the welt being of [the] citizenry, particularly tha youth, from the harmful affects of. dangerous drugs.” This statutory purpose, per the policy - declaration portion of the law, can be achieved via the pursuit by the enforcement of anti - drug abuse policies, programs and projects." The primary fegistative intent is not criminal prosecution, as those found positive for Megal drug use 2s 8 result of this random tesiing are not necessarily treated as criminals. They may ‘even be exempt from criminat fiabilty should the illegal drug user consent te undergo cehabilitation (SJS v. Dangerous Drugs Bland and PDEA, @.R. No: 157879, Nov. 3, 2008). 2015 POLITICAL LAW PREAWEEX REVIEWER Q: May persons arrested for crimes be the subject of mandatory drug tests? A: There is no valid justification for mandatory drug testing for persons accused ‘of crimes. in the case of students, the constitufional viability of the mandatory, random, and suspicion-less drug testing for students emanates primarily from the waiver by ihe students of their right to privacy when they seek entry to the school, and from their voluntarily subsritting their persons te the Inhe cate of pata pe employees, the consiitutional soundness of rg testing ... proceeds reasonableness of thé drug test policy and requirement. The situation is entirely different in the case of persons charged before the public prosecutor's: office: with: ctiminat offenses: punishable with six years and one day Imprisonment, drug: testing ee “candomness" and. “suspicion:tess"" In the case: of persons charged with a Gime before the prosecutor's office, a mandatory drug testing can never be randam or suspicion: less. They are not randomly picked; neither are they beyond suspicion. When persons Suspected of commiting 2 crime are charged, they are singled out and are impleaded against their wil, The persons thus charged, by the bare fact of being haled before the prosecutors office and peaceably submitting themselves fo drug testing, if that be the case, do not necessarily consent to the procedure, let ‘alone waive their right to privacy. To impose mandatory drug testing on the accused is @ blatant attempt to hamess @ medical test as a tool for criming! prosecution, contrary to the atated objectives of LA. No, 9165. Drug > = oa 36 of $08 PRStesting in this case would violate a persons’ sight to privacy guaranteed under Section 2, Article tit of the Constitution. Worse stif, the accused persons are veritably forced to incriminate themselves (SUS v. Dangerous Drugs Board and PDEA, G.R No: 157870, Nov. 3, 2008). Q: May the right fe question the irregularity of 2 warrantless acest be subject to waiver or estoppel? A: Yes, An accused is already estopped, from assailing any imegutarity of his armrest i he fails to raise this issue of to move for the quashat of the iaformation against him an this ground before arraignment. Thus, any ‘objection involving 2 werrant.of arrest or the procedure by which the cout soquired Jurisdiction of the person of the accused must be made before he enters his plea: otherwise, the-objection is deemed waived. (People v Velasco, GR No. 180348, November 28, 2043) ‘Q: What are “Zones of Privacy"? A; Zones of privacy are recognized and protected in cur laws. Within these zones, ‘any form of intrusion is impermissible unless ‘excused by taw and in accofdance with customary legal process. The meticulous regard we accord to these zones arises not only from our conviction that the right to privacy is a “constitutional ght” and “the Fight most valued by civilized men,” but also from our adherence to the Universat Dediaration of Human Rights which mandates that. “ne one shall be subjected fo arbitrary interference with his privacy” and “everyone has the right io the protection of the law against such interference or attacks.” Thus, the two constitutional guarantees create these zones of privacy: {a) the right against unreasonable searches and seizures, which is the basis of the right to be let alone, and {2} the right to privacy of Communication and correspondence. 38 22015 POLITICAL LAW PRE-WEEK REVIEWER assessing the challenge that the State has impermissibly intruded info these zones of privacy, a court must determine whether a person has exhibited a reasonable expectation of privacy and, # so, whether that expectation has been violated by unceasonable government intrusion. (Disini ¥, See. of Justice, GR. No. 203335, Feb. 1, 2024). Q: What is the Writ of Habeas Data? vie ALA remedy available to any person whose “fight to privacy in life, fiberty or security is violated or threatened by an unlawiul act or omission of & public official or empioyee, oF “cpa. private individual or entity engaged in {hE gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. (Sec. 1, A.M. No. 08-1-16-SC) @: Is there.ant- expectation: of. privacycin:. af Online Sociat Network activity? Ac Before: one can have-an. expeciation of privacy in his-or her Online Social Network activity, itis first necessary that said. ser. manifest:-the intention: te. keep. certain, posts private. In the cyber wad, utifzation” Of privacy tools is the manifestation of the user's invocation of his or her sight to informational privacy, Conshlering that the defauk selling for Facebook posts is “Pubic,” if can be surmised that the photographs in question were viewable 10 ‘everyone on Facebook, absent any proof that pettioners' chiidren positively fimited the disclosure of the photograph. If such were the case, they cannot invoke the protection attached to the right to informational privacy. That the photos are viewable by “friends only’ does not necessarily bolster the petitioners’ contention. {n this regard, the cyber community is agreed that the digital images under this setting still remain ta be outside the confines of the zones of privacy eR ame Page 37 m 108 "0 oeaN2015 POLITICAL LAW PRE-WEEK REVIEWER cEaeoise hundreds; and (4) 4 user's Facebook fiend can “share” the former's post, or “tag” others: A: 1. Prior Restraint - Official government sestrictions.on the press or other. forms of expression m advance of actual publication or dissemination are constitutionally impermissibte. 2 Subsequent Punishment. - The guarantee of freedom of expression also means a limitation on the power oof the State to Impose subsequent punishment, alter publication. Q: ‘What are the tests for valid governmentat interference? A: 1. Clear and present danger rate — words are used in such. circumstance and of such nature as to create a clear and present danger that wail bring about substantive evil frat the State has the sight to prevent. (Focus on content + context} 2. Dangerous tendency rule - words uitered create a dangerous tendency of an evil which State has the right 1p eke prevent. (Focus on content} 3. Balancing of interests test — when conditional, partial abridgement of speech, the duty of the courts is to determine which of the two conflicting jaterests demands the greater protection under the. particular circumstances presented. Q: Does Section 19 of the Cybercrime Prevention Act on Restricting or Blocking Access to Computer Data violate Freedom of Speech? A; Yes, The content of the computer data can also constitute speech. in such a case, Section 19 operaies as a restriction on the freedom of expression over cyberspace. Certainly not all forms of speech are constitutional bounds, declare certain kinds of expression as illegal. But for an executive officer ta: seize. content alleged to.-be. Urigratected without any judiciat warrant; tis not eneagh far him.o-be-oF the opinion that such content vioiales- some taw; for to-da-so. would make him judge, jury, and executioner all colled into one. Not anky does Section 19 prectude any judicial intervention, but i also disregards jorispradential guidelines established to determine the validity of restrictions on spsech (Disini v. Sec. of Justice, GP. No. 203335, Feb. 11, 2074; See case for other provisions celating to freedom of speech, which were upheld by the court}, Q; Define core speech. A: "Core speech” is speech that communicates political, social, or religious. ideas. it is given greater protection than commercial speech that does no more thar propose a commercial transaction. For example, advertisements. Page 28 of 108Distinguish content-neutral from content-based regulations. A: Content-based restricGon is based on the subject matter of the utterance or speech; and is thus treated as more suspect than contentneutral laws because of Judicial concem with discrimination in the regulation of expression, Content-neutral regulation is merely concemed with the Incidents of the speech, or one that mersly ‘controls the time, place os manner, and neutral regulations of speech or of conduct that may amount to speech are subject to lesser but stil) heightened —scnutiny. (Newsounds: Broadcasting Network ¥. Dy, G.R Nos. 170270 & 178411, Apsil 2, 2009}. @: What is Symbolic Speech? Ais When “speech” and “non-speach” elements are combined in the same course ‘of conduct, a sufficiently important government interest in regulating the non- Speech element can justify incidental limitations on free speech A governmental regulation is sufficiently justified if 4. tt is within the Constitutional power of the government; 2. Stfurthers an important or substantict governmental interest tnrelsted to the suppression of free expression; 3. If the incidental restriction on alleged freedom is no greater than is essential to that interest US. OBrien, 391 US. 367, 1968}. Q: What are the exceptions te freedem from prior restraint? A: When the nation is at war, 2. Obscene publications. 3. Seoudty of community fife may be protected against incitements 10 Violence or overthrow of orderly 20tS POLITICAL LAW PRE-WEEK REVIEWER government, ‘Near v. Minnesota, 283 U.S. 697, 1934} Q: What is the doctrine of fair comment? A: Fair commentaries on matters of public interest are privileges and constitute 3 valid defense in an action for libel or slander. The doctrine of fair comment means that while in general, every discreditable imputation publidy made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every felse imputation is deemed —_maticious, nevertheless, when the discreditable imputation is directed against = public person in his public capacity, % is not necessarily actionable; untess it be 2 false allegation of fact or a comment based on 3 false supposifion. if the comment is an expression of opinion, based on facts, then it is immaterial that the opinion happens 19 tbe mistaken as fong as it might reasonably bbe inferred from the facts (Boat v. CA, GR. No. 126466. January 14, 1999), @: Whatis the test for obscenity? (Milter Doctrine}. Whether the average person, applying contemporary community standards, would find the. work, taken 28a whole, appeals to the prurient interest. Whether the work depicts or desenbes, in a patently alfensive way, sexual conduct specifically defined by the applicable state faw. Whether the work, taken a3 a whole, lacks serious Hterary, artistic, political or scientific value. 3 Pe 39 of 108 eo 0 PEREA: No. Aflar two days from submission of the application with the focal mayor and the corresponding inaction of the said mayor, the rallyists may conduct their rally in, accordance with their application without the need to show a permit from the mayor, the grant of the permit being then presumed under the few, and it will be the burden of the authorities to show thal there has been 2 denial of the appiication, in which case the sally may be peacefully dispersed following the procedure of maximum tolerance prescribed by the law. Q: What is a Heckler’s veto? AS tn Feiner v. New York, Petitioner was neither arrested nor convicted for the making of the speech or the content of his speach, but far the seaction which it actually ‘engendered. The Court held that the police cannot be used a3 an instrument for the suppression of unpopular views; but, when a speaker passes the bounds of argument or persuasion and undertakes intitement to riot, the police are not powerless to prevent's breach of the peace (Feiner v. New York, 340 US. 315, 1951). ae 2015 POLITICAL LAW PRE-WEEK REVIEWER any showing of dicect governmental eompuision. the coercive effect ofthisfegisiation 3s Boperates against bien inthe practice of bis religion. Whe the non estoblishment clause is absolute, the moment such ‘allel flows over into sation, Becomes: between raligion and state. : What is the “compelling state interest” test? A: The state has the burden of justifying any possible incursion into’ the exercise of religion. “The process involves three steps: +. The courts should took inte the sincerity of the seligiaus belief without inquiring into the truth of the belief 2. The state has to establish that Hs Page 40 of 1082015 POLITICAL LAW PRE-WEEK REVIEWER tne ce: Purposes are fegitimate anc 3. The state used the least intrusive means possible (Estrada v. Escvitor, 482 SCRA 1, 2003}, Q. What are the two aspects of free exercise of religion? A: 1 Freedom te believe — absolute and ‘Cannot! be regulated. 2. Freedom to act — transtation of belief to extemal acts, it can be ‘equated and subject to potes (Employment Division v. Smath, 424US B72, 1990}. ‘Qr'ls the right fo retum to one's country contemplated in the constitutional right to travel? A: Ne. The right ta return to one’s country is nol among the rights specifically guaranteed in the Bill of Rights, which treats only of the berty of abode and the right fo travel. it is within. the residual powers of the President to restrict or prevent suetr return ‘The test used was “arbiriness." ‘The state of the country at that time was characterized by political and economic instability. This was sufficient justification for the President to cestict the. retum of the Mareoses.to_the Philippines. (Marcos v. Manglepus, G.R. No. 88211, October 27, 989), Q; is the right to retum to one’s country protected under the UDHR or the ICCPR? Ac No. The Universal Declaration of Humans Rights and the intemational Covenant on Civil and Political Rights treat the right to freedom of movement and abode within the tesitory of a state, the right to leave a county, and the sight to enter one's country as separate and distinct Fights, wae The: Declaration speaks of the “ight to freedom of movement and residence within the borders of each state’. ft would therefore be inappropriate to constsue the limitations to the right to retum to one’s ‘country in the same context as those pertaining to the Rberty of abode and the tight fo travel (Marcas v. Manglapus, GR. No. 88241, October 27, 1999). Q: Distinguish the grounds for which Hold Departure Orders versus Watchlist ‘Orders may be issued. A: The Secretary of Justice may issue 3 Hold Departure Order under any of the . Against the accused, regardiess of nationally, in criminal cases falirig. below the RTCS. 2. Against the affen whose presence is required as. defendantrespondentWwitness in a civil or fabor case pending tigation, or any -case -beform. aa » admis 3. Against. any. person,-elthes. motu proprio, or upon the request by: the: . Head of a Departmenticonstitutional” body or commissioniChief Justice! Senate Presiden the House Speaker, or when the adverse party is the Goverment or any of its agencies of instrumentalities, or in the interest of national security, public safety or public heatth The Secretary of Justice may issue a Watchlist Order, under’ any of the fatowing instances: Against the accused, cegardiess of nationality, in criminal cases pending trial before the Regional Trial Court, 2. Against the respondent, regardiess of nationality, in criminal cases pending preliminary investigation, petition for review, ar motion for Page 44 of 108