Political Law Reviewer San Beda PDF

San Beda College of Law
1
MEMORY AID IN POLITICAL LAW
CONSTITUTIONAL LAW
IN GENERAL
STATE
CONSTITUTION - A community of persons, more or
- the document which serves as the less numerous, permanently occupying a
fundamental law of the state. (V. Sinco, definite portion of territory, independent
Philippine Political Law, 11th ed., p.68- of external control, and possessing a
70); that written instrument enacted by government to which a great body of the
direct action of the people by which the inhabitants render habitual obedience; a
fundamental powers of the government politically organized sovereign
are established, limited and defined, community independent of outside
and by which those powers are control bound by ties of nationhood,
distributed among the several legally supreme within its territory,
departments for their safe and useful acting through a government functioning
exercise for the benefit of the body under a regime of law. (CIR v. Campos
politic (Malcolm, Philippine Rueda, 42 SCRA 23).
Constitutional Law, p.6)
Elements:
Classification: People – inhabitants of the State, the
1. written (conventional or number of which is capable for self-
enacted) v. unwritten sufficiency and self-defense; of both
(cumulative or evolved). sexes for perpetuity.
2. rigid v. flexible Different meanings of the word
people:
The Philippine Constitution is written -People as inhabitants (Sec.1,
and rigid. (Art. XVII) Art.XIII; Secs.15 -16, Art. II;
Sec.2, Art.III);
The 1987 Constitution took effect on -People as citizens (Preamble; Secs.
February 2, 1987, the date of 1 and 4, Art. II; Sec.7, Art. III);
the plebiscite for its ratification -People as electors (Sec.4, Art. VII;
and not on the date its Sec.2, Art. XVI; Sec. 25, Art.
ratification was proclaimed. (De XVIII).
Leon v. Esguerra, 153 SCRA 602)
Territory – fixed portion of the surface
Interpretation: a doubtful provision of the earth inhabited by the people
shall be examined in the light of the of the State; see Art I.
history of the times and the
conditions and circumstances under Sovereignty – supreme and
which the Constitution was framed uncontrollable power inherent in a
(Civil Liberties Union v. Executive State by which that State is
Secretary, 194 SCRA 317). In case of governed;
doubt, the provisions should be Characteristics:
considered self-executing; a. permanent
mandatory rather directory; and b. exclusive
prospective rather than retroactive c. comprehensive
(Nachura, Reviewer in Political Law, d. absolute
p.3) e. indivisible
f. inalienable
CONSTITUTIONAL LAW g. imprescriptible
- designates the law embodied in the
Constitution and the legal principles Theory of Auto-Limitation - any
growing out of the interpretation and state may by its consent, express
application of its provisions by the courts or implied, submit to a
in specific cases (Sinco, supra, p.67) restriction of its sovereign
POLITICAL LAW COMMITTEE
 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
2 2005 CENTRALIZED BAR OPERATIONS
rights. There may thus be a Extraterritorial – authority over

curtailment of what otherwise is persons, things or acts,
a power plenary in character. outside its territorial limits
(Reagan v. CIR, G.R. No. L- by reason of their effects to
26379. Dec. 27, 1969). its territory.
Imperium - the state’s authority to Government – that institution or

govern embraced in the concept of aggregate of institutions by which an
sovereignty; includes passing laws independent society makes and
governing a territory, maintaining carries out those rules of action
peace and order over it, and which are necessary to enable men
defending it against foreign invasion. to live in a social state or which are
imposed upon the people forming
Dominium - capacity of the state to that society by those who possess
own or acquire property. (Lee the power or authority of prescribing
Hong Hok v. David, 48 SCRA 372) them. (US v. Dorr, 2 Phil. 332).
Effect of Belligerent Occupation - Government of the Republic of the

No change in sovereignty. Philippines – is the corporate
However, political laws, except governmental entity through
those of treason, are suspended; which the functions of
municipal laws remain in force government are exercised
unless changed by the throughout the Philippines,
belligerent occupant. including the various arms which
principle of jus political authority is made
postliminium – At the effective, whether pertaining to
end of the occupation, the autonomous regions, the
political laws are provincial, city or barangay
automatically revived. subdivisions or other forms of
(Peralta v. Director of local government. [Sec. 2(1),
Prisons, 75 Phil. 285) E.O. 292 or the Administrative
Code of 1987]
Effect of Change of Sovereignty –
The political laws of the former Classification:
sovereign, whether compatible De jure – has a rightful title but no
or not with those of the new power or control, either, because
sovereign, are automatically same has been withdrawn from it or
abrogated, unless they are because same has not yet actually
expressly re-enacted by entered into the exercise thereof.
affirmative act of the new
sovereign. Municipals laws De facto – actually exercises power or
remain in force. (Macariola v. control but without legal title
Asuncion, 114 SCRA 77) (Lawyers League for a Better
Philippines v. Aquino, G.R. No.
Jurisdiction – manifestation of 73748, May 22, 1986).
sovereignty De facto proper – government that
Territorial – authority to have gets possession and control of,
all persons and things within or usurps, by force or by the
its territorial limits to be voice of the majority, the
completely subject to its rightful legal government and
control and protection. maintains itself against the will
Personal - authority over its of the latter;
nationals, their persons,
property, and acts, whether Government of paramount force –
within or outside its established and maintained by
territory. military forces who invade and
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
3
occupy a territory of the enemy Lawful Means – the means employed are
in the course of war; and reasonably necessary for the
accomplishment of the purpose, and
Independent government – not unduly oppressive on individuals;
established by the inhabitants of When exercised by a delegate:
the country who rise in express grant by law;
insurrection against the parent within territorial limits – for LGUs
state (Ko Kim Cham v. Valdez except when exercised to
Tan Keh, 75 Phil. 113). protect water supply; and
must not be contrary to law.
Functions:
constituent – compulsory because II . POWER OF EMINENT DOMAIN
constitutive of the very bonds of - power of State to forcibly take
society; private property for public use upon
ministrant – undertaken to advance payment of just compensation
general interest of society (Bacani v.
NACOCO, 100 Phil. 468); merely Basis: necessity of the property for
optional. public use.
Doctrine of Parens Patriae – government Who may exercise: generally, the

as guardian of the rights of People legislature but also:
(Government of Philippines Islands the President;
v. El Monte de Piedad, 35 SCRA Law-making bodies of LGU’s;
738). Public Corporations, and;
Quasi-public Corporations.
FUNDAMENTAL Two stages:

POWERS OF THE STATE  determination of the authority of
the plaintiff to exercise the power
Inherent Powers of the State: and the propriety of its exercise; and
 determination of just
I . POLICE POWER
compensation.
- Law of overruling necessity - power
promoting public welfare by restraining
Requisites:
and regulating the use of liberty and
property.
1. Necessity – when exercised by:
Congress – political question;
Basis: public necessity and right of State
Delegate – justiciable question
and of public to self-protection and
2. Private property – all private
self-preservation.
property capable of ownership
may be expropriated, except
Who may exercise: generally, the
money and choses in action; may
legislature but also:
include services (Republic v.
the President,
PLDT, 26 SCRA 620).
Administrative bodies, and
3. Taking:
Law-making bodies of LGU’s
there is taking when:
i. owner actually deprived or
dispossessed of his property;
ii. there is practical destruction
or a material impairment of
Requisites (Limitations):
value of property;
iii. owner is deprived of ordinary
Lawful Subject – the interests of the
use of his property; and
public in general, as distinguished
from those of a particular class,
require the exercise of the power;

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
iv. owner is deprived of benefits exceed the

jurisdiction, supervision and consequential damages
control of his property. Fair market value – the price
requisites: that maybe agreed upon by
i. expropriator must enter a parties who are willing but
private property; are not compelled to enter
ii. entry must be more than a into a contract of sale.
momentary period;  Consequential damages –
iii. entry must be under a consist of injuries directly
warrant or color of authority; caused on the residue of the
iv. property must be devoted to private property taken by
public use or otherwise reason of expropriation
informally appropriated or 6. Due process of law – the
injuriously affected; defendant must be given an
v. utilization of the property opportunity to be heard.
must be in such a way as to
oust the owner and deprive III. POWER OF TAXATION
him of beneficial enjoyment - power by which State raises revenue
of the property (Republic v. to defray necessary expenses of the
Castelvi, 58 SCRA 336). Government.
4. Public use - has been broadened
to include not only uses directly Scope: covers persons, property, or
available to the public but also those occupation to be taxed within taxing
which redound to their indirect jurisdiction
benefit; that only a few would
actually benefit from the Basis: power emanating from necessity
expropriation of the property foes (lifeblood theory)
not necessarily diminish the essence
and character of public use (Manosca Who may exercise: generally, the
v. Court of Appeals, 252 SCRA 412). legislature but also:
 Once expropriated change of Law-making bodies of LGU’s (Sec.5,
public use is of no moment. It is Art. X); and
well within the rights of the The President, under Sec. 28 (2), Art.
condemnor as owner to alter and VI of the Constitution or as
decide its use so long as it still incident of emergency powers
for public use. (Republic vs. that Congress may grant to him
C.A., G.R. No. 146587, July 2, under Sec. 23(2), Art. VI.
2002)
5. Just compensation - Limitations on the Power of Taxation:
compensation is qualified by the Inherent limitations
word just to convey that equivalent Public purpose;
must be real, substantial, full and a. Non-delegability of power;
fair; the value of the property must b. Territoriality or situs of taxation;
be determined either as of the date c. Exemption of government from
of the taking of the property or the taxation;
filing of the complaint, whichever d. International comity.
came first. (Eslaban v. vda. De Constitutional limitations
Onorio, G.R. No. 146062, June 28, a. Due process of law;
2001) b. Equal protection of law;
 Formula: -- fair market value of c. Uniformity, equitability, and
the property, to which must be progressivity of taxation;
added the consequential d. Non-impairment of contracts;
damages, minus the e. Non-imprisonment for non-
consequential benefits, but in no payment of poll tax;
case will the consequential
CHAIRPERSONS
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f. Origin of appropriation, revenue, Double Taxation – additional taxes are

and tariff bills; laid:
g. Non-infringement of religious 1. on the same subject;
freedom; 2. by the same taxing jurisdiction;
h. Delegation of legislative during the same taxing period;
authority to the President to fix and
tariff rates, import and export 3. for the same purpose.
quotas, tonnage and wharfage  Despite lack of specific
dues; constitutional prohibition, double
i. Tax exemption of properties taxation will not be allowed if the
actually, directly and exclusively same will result in a violation of the
used for religious, charitable and equal protection clause (Nachura,
educational purposes; Reviewer in Political Law, p.38).
j. Majority vote of all members of
Congress required in case of TAX LICENSE FEE
legislative grant of tax
exemptions;
k. Non-impairment of the Supreme 1. as to basis
Court’s jurisdiction in tax cases;
l. Tax exemption of revenues and Power of taxation – Police power – to
to raise revenue regulate
assets of, including grants,
endowments, donations, or
2. limitation
contributions to, educational
institutions. Rate or amount to Amount limited to
be collected cost of: (a) issuing
 Any question regarding the unlimited provided the license and (b)
constitutionality of a tax not confiscatory. necessary
measure must be resolved in inspection or police
favor of its validity. surveillance.
 Any doubt regarding the 3. object

taxability of any person under a
valid law must be resolved in Imposed on persons Paid for privilege
favor of that person and against or property. of doing something
the taxing power. but privilege is
revocable.
 Any doubt as to the applicability
4. effect of non-payment
of a tax exemption granted to a
person must be resolved against
Business or activity Business becomes
the exemption. does not become illegal.
illegal.
DISTINCTIONS

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
POLICE EMINENT TAXATION

POWER DOMAIN
1. Regulates Affects only Affects only

both liberty property property POLICE POWER EMINENT DOMAIN
and property rights rights
1. Lawful subject 1. Necessity
2. Exercised Maybe Exercised 2. Lawful means 2. Private property;

only by the exercised only by the
Government by private Government When exercised by a 3. Taking;
entities delegate: .
4. Public use;
3. Public Necessity of Public 3. Express grant by
necessity and the public necessity law 5. Just
the right of for the use compensation;
the state and of private 4. Within the
of the public property territorial limits 6. Due process of
to self- law.
preservation 5. Must not be
and self- contrary to law
protection.
4. Property Property is Property is

intended for a wholesome wholesome
noxious and is and is
purpose is devoted to devoted to
taken and public use public use or
destroyed. or purpose purpose
5. Compensa Compensati Compensatio

tion is the on is full n is the
intangible, and fair protection
altruistic equivalent and public
feeling that of the improvemen
the individual property ts instituted
has taken by the
contributed to government
the public for the taxes
good paid
6. Contracts Contracts Contracts

may be may be may not be
impaired. impaired. impaired.

CHAIRPERSONS
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Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
Article I : NATIONAL TERRITORY waters of the coastal state on
the one hand, and the high seas
I. Territory of the Philippines: on the other, extending up to 12
1. Philippine archipelago, with all nautical miles from the low
the islands and waters embraced water mark.
therein;
III. Contiguous Zone
ARCHIPELAGIC DOCTRINE  Extends up to 12 nautical miles
– integration of a group of islands to from the territorial sea.
the sea and their oneness so that Although not part of the
together they can constitute one unit, territory, the coastal State may
one country, and one state. An exercise jurisdiction to prevent
imaginary single baseline is drawn infringement of customs, fiscal,
around the islands by joining immigration or sanitary laws.
appropriate points of the outermost
islands of the archipelago with IV. Two hundred Mile Exclusive
straight lines and all islands and Economic Zone
waters enclosed within the baseline  not a part of the national
form part of the territory. Main territory but exclusive economic
purpose is to protect the territorial benefit is reserved for the
interests of an archipelago. (see last country. Thus, the coastal state
sentence, Art. I). has in the exclusive economic
zone:
2. all other territories over which 1. sovereign rights for the purpose
the Philippines has sovereignty or of exploring and exploiting,
jurisdiction, consisting of its: conserving and managing the
 terrestrial; natural resources, whether living
 fluvial; and or non living, if the waters
 aerial domain; superjacent to the seabed and
subsoil, and with regard to other
Kalayaan Isand Group activities for the economic
a. historic right; exploitation and exploration of
b. effective control and occupation. the zone, such as the production
(P.D. No. 1596) of energy from the waters,
currents, and winds;
3. including its: 2. jurisdiction with regard to:
 sea bed; a. the establishment and use of
 subsoil; artificial islands,
installations, and structures;
 insular shelves; and
b. marine scientific research;
 other marine areas.
c. the protection and
preservation of marine
4. Waters: environment;
 around; 3. other rights and duties provided
 between; and for in the Convention. (Art. 56
 connecting of the UN Convention on the
- the islands of the archipelago, Law of the Sea)
regardless of
(i) breadth; and V. Territorial Jurisdiction
(ii) dimensions - power of the state over persons
- form part of the internal waters and thing within its territory.
of the Philippines.
Entities exempt from this control are:
II. Territorial Sea 1. Foreign states, head of states,
 The belt of the sea located diplomatic representatives, and to
between the coast and internal certain degree, consuls;
2. Foreign state property, including their the instrumentality of his own
embassies, consulates and public judgment and not through the
vessels engaged in non-commercial intervening mind of another.
activities;
3. Acts of states; Exceptions (Permissible Delegation):
4. Foreign merchant vessels exercising (PETAL)
their rights of innocent passage or
involuntary entry, such as arrival 1. Tariff powers of the President [Sec.
under distress; 28 (2), Art. VI]
5. Foreign armies passing through or 2. Emergency powers of President [Sec.
stationed in its territory with its 23 (2), Art. VI]
permission; and 3. Delegation to the people [Sec. 32,
6. Such other persons and property, over Art. VI; Sec. 10, Art. X; Sec. 2, Art.
which the state may, by agreement, XVII; RA 6753].
waive jurisdiction (Nachura, Reviewer 4. Delegation to Local Government
in Political Law, 1996 ed., p. 18). units (Art X; RA 7160); and
5. Delegation to administrative bodies
(power of subordinate legislation).
Article II :
PRINCIPLES AND STATE POLICIES Tests for Valid Delegation:
Completeness test – law must be
I. SEPARATION OF POWERS complete in all essential terms and
conditions so that there is nothing
Purpose: to prevent concentration of for delegate to do except enforce it;
authority in one person or group of Sufficient standard test – map out the
persons that might lead to boundaries of delegate’s authority by
irreparable error or abuse in exercise defining legislative policy and
to the detriment of republican indicating circumstances under
institutions. (Pangasinan which it is to be pursued (Pelaez v.
Transportation Co. v. Public Service Auditor General, 15 SCRA 569).
Commission, G.R. No. 47065. June
26, 1940) III. STATE PRINCIPLES
REGARDING FOREIGN POLICY
Principle of Blending of Powers – (SEC. 2, ART. II)
instance when powers are not
confined exclusively within one 1. renounces war as an instrument of
department but are assigned to or national policy;
shared by several departments. 2. incorporation clause – adopts the
(Nachura, Reviewer in Political Law, generally accepted principles of
2000 ed., p. 42). international law as part of the law
of the land; and
Principle of Checks and Balances – 3. adheres to the policy of peace,
allows one department to resist equality, justice, freedom,
encroachments upon its prerogatives cooperation, and amity with all
or to rectify mistakes or excess nations.
committed by the other
departments. IV. SUPREMACY OF CIVILIAN AUTHORITY
(SEC. 3, ART. II)
II. DELEGATION OF POWERS
Ensured by:
General Rule: Potestas delegata non 1. the installation of the President,
potest delegare the highest civilian authority as
- premised on the ethical principle the commander-in-chief of the
that delegated power constitutes not military [Sec. 18, Art. VII];
only a right but a duty to be
performed by the delegate through
2. the requirement that the Exceptions:
members of the AFP swear to 1. Churches, personages, etc.,
uphold and defend the actually, directly and exclusively
Constitution, which is the used for religious, charitable and
fundamental law of the civil educational purposes shall be
government; exempt from taxation [Sec. 28
3. the professionalization of the (3), Art. VI];
service and the strengthening of 2. Prohibition against appropriation
the patriotism and nationalism, for sectarian purposes, except
and respect for human rights, of when, priest etc., is assigned to
the military; the armed forces, or to any
4. insulation of the AFP from penal institution or government
partisan politics; orphanage or leprosarium [Sec.
5. prohibition against appointment 29 (2), Art. VI];
to a civil position; 3. Optional religious instruction for
6. compulsory retirement of public elementary and high
officers, so as to avoid school students [Sec. 3 (3), Art.
propagation of power; XIV];and
7. a 3-year limitation on the tour of 4. Filipino ownership requirement
duty of the Chief of Staff, which for educational institutions,
although extendible in case of except those established by
emergency by the President, religious groups and mission
depends on Congressional boards [Sec. 4 (2), Art. XIV].
declaration of emergency;
8. requirement of professional VI. AUTONOMY OF LOCAL
recruitment, so as to avoid any GOVERNMENTS
regional clique from forming (SEC. 25, ART. II; ART. X)
within the AFP [Sec. 5, Art. XVI];
and Decentralization of Administration -
9. the establishment of a police delegation of administrative powers to
force that is not only civilian in local government unit in order to broaden
character but also under the the base of governmental powers.
local executives [Sec. 6, Art.
XVI]. Decentralization of Powers – abdication
of political power in the favor of local
V. SEPARATION OF CHURCH AND governments units declared to be
STATE (SEC. 6, ART. II) autonomous. (Limbonas v. Mangelin, 170
SCRA 786)
Reinforced by:
1. Freedom of religion clause;
2. Non-establishment of religion Article III : BILL OF RIGHTS
clause;
3. No religious test clause [Sec. 5,  set of prescriptions setting forth
Art. III]; the funda-mental civil and
4. No sectoral representative from political rights of the individual,
religious sector [Sec. 5 (2), Art. and imposing limitations on the
VI]; powers of government as a
5. Prohibition against appropriation means of securing the
for sectarian benefits. [Sec. enjoyment of those rights.
29(2), Art. VI]; and
6. Religious denominations and Classification of Rights:
sects cannot be registered as 1. Political rights – granted by law to
political parties [Sec. 2 (5) Art. members of community in relation
IX-C]. to their direct or indirect
participation in the establishment
or administration of the Requisites of Criminal due process [Sec.
government; 14 (1), Art. III]:
2. Civil rights – rights which municipal a. accused has been heard in a
law will enforce at the instance of court of competent jurisdiction;
private individuals, for the purpose b. accused is proceeded against
of securing them the enjoyment of under the orderly processes of
their means of happiness; law;
3. Social and economic rights; and c. accused is given notice and
4. Human rights. opportunity to be heard; and
d. judgment rendered within
I. DUE PROCESS OF LAW authority of constitutional law
(Mejia v. Pamaran, 160 SCRA
 That which hears before it 457).
condemns, which proceeds upon
inquiry and renders judgment Requisites of Administrative Due
only after trial (Darmouth Process:
College v. Woodward, 4 a. right to a hearing, which
Wheaton 518). includes the right to present
one’s case and support evidence
Aspects of Due Process: in support thereof;
1. Substantive due process b. tribunal must consider evidence
Requisites: adduced;
a. the Interest of the public in c. decision must have something to
general, as distinguished from support itself;
that of a particular class require d. evidence must be substantial;
the intervention of the state; e. decision must be based on
b. means employed are reasonably evidence adduced, or at least
necessary for accomplishment of contained in the records and
purpose and not unduly disclosed to the parties;
oppressive. f. independent consideration of
evidence, and not rely on the
- Publication of laws is part of recommendation of a
substantive due process (Tañada v. subordinate; and
Tuvera, 146 SCRA 446). g. the decision must state the facts
and the law in such a way that
2. Procedural due process the parties can know the issues
Requisites of Civil Procedural due involved and the reasons for the
process: decision (Ang Tibay v. CIR, 69
a. an impartial court or tribunal Phil 635).
clothed with judicial power to
hear and determine matters Requisites of Due Process for Students
before it; before Imposition of Disciplinary
b. jurisdiction properly acquired Sanctions:
over person of defending and a. must be informed in writing of
over property which is subject the nature and cause of the
matter of proceeding; accusation against him;
c. opportunity to be heard; b. right to answer charges against
d. judgment rendered upon lawful him, with the assistance of
hearing and based on evidence counsel, if desired;
adduced (Banco Español Filipino c. informed of the evidence against
v. Palanca, G.R. No. L-11390. him;
March 26, 1918.) d. right to adduce evidence in his
behalf;
e. evidence must be duly considered  Phil 667); Must refer to one
by the investigating committee specific offense (Asian Surety v.
or official designated by the Herrera, 54 SCRA 312);
school to hear and decide the  For a search warrant, such facts
case.(Ateneo de Manila
and circumstances which would
University v.Capulong, 222 SCRA
lead a reasonably discreet and
644)
prudent man to believe that an
 Right to appeal is not natural right offense has been committed and
nor part of due process, instead, that the objects sought in
it is a mere statutory right, but connection with the offense are
once given, denial constitutes in the place sought to be
violation of due process. searched (Burgos v. Chief of
Staff, 133 SCRA 800).
II. EQUAL PROTECTION OF LAW
(SEC. 1, ART. III) 2. Determination of probable cause
personally by the judge;
 all persons or things similarly
situated must be similarly treated SEARCH WARRANT OF
both as to rights conferred and WARRANT ARREST
responsibilities imposed.
The judge must It is not necessary
Requisites of Valid Classification: personally examine that the judge should
(SNAG) in the form of personally examine
searching questions the complainant and
1. Such classification rests upon and answers, in his witnesses
substantial distinctions; writing and under (Soliven v. Makasiar,
oath, the complaints 167 SCRA 393); the
2. It is germane to purpose of the law;
and any witnesses he judge would simply
3. It is not confined to existing may produce on facts personally review the
conditions; personally known to initial determination
4. It applies equally to all members of them. (Sec. 4, Rule of the prosecutor to
the same class. (People v. Vera, G.R. 126, Rules of Court); see if it is supported
No. 45685. November 16, 1937). the determination of by substantial
probable cause evidence; he merely
III. SEARCHES AND SEIZURES depends to a large determines the
(SEC. 2, ART. III) extent upon the probability, not the
finding or opinion of certainty of the
the judge who accused and, in so
Scope: a popular right and hence, conducted the doing, he need not
protects all persons, including aliens required examination conduct a de novo
(Qua Chee Gan v. Deportation Board, of the applicant and hearing (Webb v. De
9 SCRA 27) and, to a limited extent, the witnesses (Kho v. Leon, 247 SCRA 652)
artificial persons. (Bache & Co., Inc. Judge Makalintal
v. Ruiz, 37 SCRA 825) G.R. No. 94902-06,
April 21, 1999)
Requisites of Valid Warrant:
1. Probable Cause 3. After personally examining under

 Such facts and circumstances oath or affirmation of the
antecedent to the issuance of a complainant and the witness he may
warrant that in themselves are produce;
sufficient to induce a cautious
man to rely on them and act in 4. On the basis of their personal
pursuance thereof (People v. knowledge of the facts they are
Syjuco, 64 testifying to;
5. The warrant must describe

particularly the place to be searched
and the things or person to be person to be arrested has
seized. committed it; and
3. when a person to be arrested is an
SEARCH WARRANT OF escapee or detention prisoner. (Sec.
WARRANT ARREST 5, Rule 113, Revised Rules of
Criminal Procedure)
The description of “General warrants”
property to be seized are proscribed and - An application for or admission to bail
need not be unconstitutional shall not bar the accused from
technically accurate (Nolasco v. Puno, 139 challenging the validity of his arrest,
nor necessarily SCRA 152); However,
precise, and its a John Doe Warrant
provided that he raises them before
nature will (a warrant for the entering his plea. (Sec. 26,
necessarily vary apprehension of a Rule 114, Revised Rules of Criminal
according to whether person whose true Procedure)
the identity of the name is unknown)
property or its satisfies the Warrantless Searches, When Valid:
character is a matter constitutional 1. when right has been voluntarily
of concern; the requirement of waived (People v. Malasugui, 63 Phil
description is particularity if there 221);
required to be is some descrpitio
specific only in so far personae which will
2. as an incident to a lawful arrest,
as the circumstances enable the officer to provided search is contemporaneous
will allow (Kho v. identify the accused to arrest and within permissible area
Judge Makalintal, (Nachura, Reviewer of search (see Sec. 13, Rule 126,
G.R. No. 94902-06, in Political Law, p. Revised Rules on Criminal
April 21, 1999) 73) Procedure);
 a valid arrest must precede the
 Commissioner of Immigration search; the process cannot be
and Deportation may issue reversed. (People v. Chua Ho
warrant only for purpose of San, 308 SCRA 432).
carrying out a final decision of 3. searches of vessel and aircraft for
deportation (CID v. Judge De la violation of fishery, immigration and
Rosa, 197 SCRA 853) or there is customs laws (Roldan v. Arca, 65
sufficient proof of guilt of an SCRA 336);
alien (Harvey v. Defensor- 4. searches of automobiles at borders
Santiago, G.R. No. 82544, June or constructive borders for violation
28, 1988). of immigration and smuggling laws
(Papa v. Mago, 22 SCRA 857);
Exclusionary Rule – Evidence obtained in 5. Inspection of buildings and other
violation of Sec. 2, Art. III, shall be premises for the enforcement of
inadmissible for any purpose in any fire, sanitary and building
proceedings (Fruit of a Poisonous Tree regulations;
Doctrine) (Stonehill v. Diokno, 20 SCRA 6. Visual search at checkpoints
383) (Valmonte vs. de Villa, 178 SCRA
211);
Warrantless Arrest, When Valid 7. Conduct of “areal target zoning” and
1. when person to be arrested has “saturation drive” in the exercise of
committed, is actually committing, military powers of the President
or is attempting to commit an (Guazon v. de Villa, 181 SCRA 623);
offense; 8. When there is a genuine reason to
2. when “stop-and-frisk” in the light of the
a. an offense has just been police officer’s experience and
committed; and surrounding conditions to warrant a
b. he has probable cause to believe belief that the person detained has
based on personal knowledge of weapons concealed (Malacat v.
facts or circumstances that the Court of Appeals, G.R. No. 123595,
December 1, 1997 citing Terry vs. that State has right to prevent
Ohio); and (Schenck v. U.S., 249 US 97);
9. Where prohibited articles are in a. clear – causal connection with
plain view (Chia v. Actg. Collector of the danger of the substantive
Customs, 177 SCRA 755) evil arising from the utterance
questioned; and
Plain View Doctrine – objects within the b. present – time element,
sight of an officer who has the right to identified with imminent and
be in a position to have that view are immediate danger; the danger
subject to seizure and may be presented must not only be probable, but
as evidence (open to the eye and hand). very likely inevitable (Gonzales
v. Comelec, 27 SCRA 835).
Elements: 2. Dangerous tendency rule – words
a. a prior valid intrusion based on uttered create a dangerous tendency
the valid warrantless arrest in of an evil which the State has a right
which the police are legally to prevent (Cabansag v. Fernandez,
present in the pursuit of their 102 Phil. 502);
official duties;
b. the evidence was inadvertently 3. Balancing of interest rule – when
discovered by the police who particular conduct is regulated in
have the right to be where they interest of public order, and the
are; regulation results in an indirect,
c. the evidence must be conditional, partial abridgment of
immediately apparent; speech, the duty of the courts is to
d. plain view justified mere seizure determine which of the 2 conflicting
of evidence without further interests demands the greater
search. (People v. Bolasa, GR No. protection under the particular
125754, Dec.22, 1999). circumstances presented (American
Communications Association v.
IV. PRIVACY OF COMMUNICATION AND Douds, 339 US 282).
CORRESPONDENCE
(SEC. 3(1), ART. III] Assembly and Petition:
 The right to assemble is not
Limitations:
subject to prior restraint and
1. by lawful order of the court;
may not be conditioned upon the
2. public safety or public order requires
prior issuance of a permit or
otherwise, as may be provided by
authorization from the
law (Sec. 3, Art. III).
government authorities.
However, the right must be
V. FREEDOM OF EXPRESSION
exercised in such a way as will
(SEC. 4, ART. III)
not prejudice the public welfare
(De la Cruz v. Court of Appeals,
Aspects:
G.R. Nos. 126183 &129221,
1. freedom from censorship or prior
March 25, 1999).
restraint;
2. freedom from subsequent
 If assembly is to be held at a
punishment.
public place, permit for the use
Tests for Valid Government of such place, and not for the
Interference to Freedom of Expression: assembly itself may be validly
required. Power of local
1. Clear and present danger rule – officials is merely for regulation
when words are used in such and not for prohibition.
circumstance and of such nature as (Primicias v. Fugoso, 80 Phil 71)
to create a clear and present danger
that will bring about substantive evil
 Permit for public assembly is not
necessary if meeting is to be
held in:
a. a private place;
b. the campus of a government- VIII. RIGHT TO INFORMATION
owned or operated (SEC. 7, ART. III)
educational institution; or
c. a freedom park. [B.P. Blg. Rights guaranteed:
880 (The Public Assembly Act 1. Right to information to matters of
of 1985)]. public concern; and
2. Corollary right of access to official
VI. FREEDOM OF RELIGION records and documents.
(SEC. 5, ART. III)  These are political rights that
are available to citizens only.
1. Non-establishment clause (Bernas, Philippine Constitution,
Scope: p. 85)
a. State cannot set-up church;
b. Cannot pass laws which aid one IX. RIGHT TO FORM ASSOCIATIONS (SEC.
religion, all religions or prefer 8, ART. III
one over another;
c. Nor influence a person to go to  Right to form association shall
or remain away from church not be impaired without due
against his will; nor process of law;
d. Force him to profess a belief or
disbelief in any religion (Martin,  Also guarantees the right not to
Reviewer in Political Law, p. join an association.
39)
X. NON-IMPAIRMENT OF
2. Freedom of religious belief and CONTRACTS (SEC. 10, ART. III)
worship
Impairment – anything that diminishes
Dual aspect of freedom of religious the efficacy of contract
belief and worship:
Limitations:
a. Freedom to believe – absolute; 1. police power – prevails over
and contracts.
b. Freedom to act on one’s belief – 2. eminent domain – may impair
subject to regulation. obligations of contracts.
3. taxation – cannot impair obligation
VII. LIBERTY OF ABODE of contracts.
(SEC. 6, ART. III)
XI. RIGHTS OF AN ACCUSED UNDER
Limitations: CUSTODIAL INVESTIGATION
1. Liberty of abode - lawful order of (SEC. 12, ART. III
the court
2. Right to travel 1. right to be informed of his right to
a. In the interest of national remain silent and to counsel;
security, public safety, public  Rationale:
health, as may be provided by a. to make him aware of it;
law; b. to overcome the inherent
b. any person on bail (Silverio vs. pressure of the
CA, G.R. No. 94284. April 8, interrogating atmosphere;
1991.) and
c. to show the individual
that his interrogators are
prepared to recognize his 5. right to be provided with counsel,
privilege should he choose if the person cannot afford the
to invoke it. services of former;
 Carries the correlative Rationale:
obligation on the part of the a. to inform him that if he
investigator to explain, and does not have counsel or
contemplates effective cannot afford one, he
communication which results in does not have to defend
the subject understanding what is himself alone;
conveyed (People v. Agustin, 240 b. to inform him that his
SCRA 541). poverty is no reason why
he should lose his right to
2. right to be reminded that if he counsel.
waives his right to remain silent,
anything he says can and will be While the choice of the
used against him; lawyer is naturally lodged in the
- Rationale: police investigators, the suspect
a. to warn him of the has the final choice as he may
consequences of waiving reject the counsel chosen for him
his right to remain silent; and ask for another one (People v.
and Jerez, G.R. No. 114385, January
b. to make him aware that 19, 1998).
this is an adversary
system, and the police are 6. no force, etc. which vitiates free
not acting in his interest. will shall be used;
3. right to remain silent; 7. secret detention places, etc., are

prohibited;
4. right to have competent and
independent counsel preferably of 8. confessions/admissions obtained
his own choice; in violation of these rights are
- Rationale: inadmissible as evidence.
a. to mitigate the dangers  What is sought to be avoided
of untrustworthiness in by the rule is the evil of
his testimony, since the extorting from the very mouth
inherent pressure of the person undergoing
initially overcome by the interrogation for the
right to remain silent commission of an offense the
may again run unless very evidence with which to
coupled with the right to prosecute and thereafter to
counsel; convict him (People v. Bonola,
b. to lessen the possibility G.R. No. 116394, June 19,
of coercion by the 1997).
police.
“preferably of his own choice” When available
 does not mean that the  the rights under Sec.12, Art. III are
choice of a lawyer is available when the investigation is
exclusive as to preclude no longer a general inquiry unto an
other equally competent unsolved crime but has begun to
and independent focus on a particular suspect, the
attorneys from handling suspect has been taken into police
the defense (People v. custody, the police carry out a
Barasina, 229 SCRA 450). process of interrogation that lends
itself to eliciting incriminating
statements (People v. Mara, 55 SCAD
418).
 Sec. 2 of RA No. 7438 provides that

custodial investigation shall include
the practice of issuing an invitation
to a person who is under XII. RIGHT TO BAIL
investigation in connection with an (SEC. 13, ART. III)
offense he is suspected to have
committed. BAIL
- security given for the release of a
What rights may be waived: person in custody of law, furnished by
1. the right to remain silent; him or a bondsman, to guarantee his
2. the right to counsel. appearance before any court as
 Waiver must be in writing and in the required under conditions specified
under the rules of court. (see Sec. 1,
presence of counsel.
Rule 114, Revised Rules of Criminal
Procedure).
What rights cannot be waived:
1. the right to be informed of his right
- The right to bail may be invoked
to remain silent and to counsel;
once detention commences even if
2. the right to counsel when making the
no formal charges have yet to be
waiver of the right to remain silent
filed (Teehankee v. Rovira, 75 Phil.
or to counsel.
634).
Rights of Person Suspected and
- Suspension of the writ of habeas
Subsequently Charged:
corpus does not suspend right to bail
[Sec.13, Art.III].
1. Before case is filed in
court/prosecutor for preliminary
- Even when the accused has
investigation but after being put into
previously jumped bail, still he
custody to or otherwise deprived of
cannot be denied bail before
liberty, and on being interrogated by
conviction if it is a matter of right.
police:
The remedy is to increase the
a. to remain silent;
amount of bail. (Sy Guan v. Amparo,
b. to be informed thereof;
G.R. No. L-1771. December 4,
c. not to be subjected to force,
1947);
violence, threat, or intimidation
which vitiates free will;
BAIL, A MATTER OF RIGHT
d. to have evidence obtained in
(RULE 114, SEC. 4)
violation of these rights
All persons in custody shall be admitted
inadmissible as evidence.
to bail as a matter of right, with
sufficient sureties, or be released on
2. After the case is filed in court: recognizance as prescribed by law or
a. to refuse to be witness against this rule:
himself; (a.) Before or after conviction by
b. not to have prejudice imputed the MTC, and
on him as a result of such (b.) Before conviction of the RTC
refusal; of an offense not punishable
c. to testify on his behalf; by death, reclusion perpetua
d. to cross-examination; or life imprisonment.
e. while testifying, to refuse
questions which tend to
incriminate him for some crime
other than present charge.
6. weight of evidence against him;
7. probability of his appearance at
trial;
8. forfeiture of other bail;
9. whether he was a fugitive from
BAIL, WHEN DISCRETIONARY justice when arrested ; and
(RULE 114, SEC. 5) 10. pendency of other cases where he is
on bail.
Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or  Excessive bail shall not be required.
life imprisonment, the court, on application, (Sec. 9, Rule 114, Revised Rules of
may admit the accused to bail. Criminal Procedure)
The court, in its discretion, may allow the
accused to continue on provisional liberty WHEN BAIL SHALL BE DENIED
after the same bail bond during the period to
(RULE 114, SEC. 7)
appeal subject to the consent of the
bondsman.
No person, regardless of the stage of the
If the court imposed a penalty of
criminal prosecution, shall be admitted to
imprisonment exceeding 6 years but not more
bail if:
than 20 years, the accused shall be denied
(a.) charged with a capital offense, or
bail, or his bail previously granted shall be
an offense punishable by reclusion
cancelled, upon showing by the prosecution,
perpetua or life imprisonment; AND
with notice to the accused, of the following
(b.) evidence of guilt is strong.
or other similar circumstances:
(a) that the accused is a recidivist, quasi-
recidivist, or habitual delinquent, or has  When the accused is charged with an
committed the crime aggravated by the offense punishable by reclusion
circumstance of reiteracion; perpetua or higher, a hearing on the
(b) that the accused is found to have
motion for bail must be conducted
previously escaped from legal
confinement, evaded sentence, or has by the judge to determine whether
violated the conditions of his bail or not the evidence of guilt is strong
without valid justification; (Baylon v. Judge Sison, 243 SCRA
(c) that the accused committed the offense 284).
while on probation, parole, or under
conditional pardon;
(d) that the circumstances of the accused or
 Without a hearing, the judge could
his case indicate the probability of flight not possibly assess the weight of the
if released on bail; or evidence against the accused before
(e) that there is undue risk that during the granting the latter’s application for
pendency of the appeal, the accused bail (Buzon v. Judge Velasco, 253
may commit another crime. SCRA 601).
Hearing: whether bail is a matter of

right or of discretion, reasonable notice XIII. RIGHTS OF THE ACCUSED
of hearing is required to be given the (SEC. 14, ART. III)
prosecutor, or at least he must be asked
for his recommendation, because in 1. Criminal Due Process:
fixing the amount of bail, the judge is a. accused to be heard in court of
required to take into account a number competent jurisdiction;
of factors (Cortes v. Judge Catral, A.M. b. accused proceeded against under
No. RTJ-97-1387, September 10, 1997). orderly processes of law;
c. accused given notice and
Standards for fixing amount of bail: opportunity to be heard;
1. financial ability of accused; d. judgment rendered was within
2. nature and circumstances of offense; the authority of constitutional
3. penalty for offense; law.
4. character and reputation of accused;
5. age and health of accused; 2. Presumption of Innocence –
Speedy – free from vexatious,
- Every circumstance favoring the capricious and oppressive
innocence of the accused must be delays;
taken into account; Impartial – accused entitled to cold
- The proof against him must neutrality of an impartial judge.
survive the test of reason; the Public – to prevent possible abuses
strongest suspicion must not be which may be committed
permitted to sway judgment. against the accused.
(People v. Austria, 195 SCRA 700)
6. Right to meet witness face to face
Equipoise or Equiponderance of
Evidence– evidence of both sides are  Witnesses not submitted for
equally balanced. cross-examination not admissible
as evidence;
Effect in criminal prosecution:
acquittal of accused because it is  Right to cross-examination may
insufficient to overcome presumption of be waived.
innocence.
7. Right to compulsory process to
3. Right to be heard by himself and secure attendance of witnesses
counsel and production of evidence;
 The accused is amply accorded 8. Trial in absentia
legal assistance extended by a
counsel who commits himself to  after arraignment;
the cause of the defense and  due notice;
acts accordingly; an efficient  absence is unjustified.
and truly decisive legal
assistance, and not simply a XIV. HABEAS CORPUS
perfunctory representation (SEC. 15, ART. III)
(People v. Bermas, G.R. No.
120420, April 21, 1999). WRIT OF HABEAS CORPUS
 Right to counsel during the trial – writ issued by court directed to
is not subject to waiver (Flores person detaining another,
v. Ruiz, 90 SCRA 428). commanding him to produce the
body of the prisoner at designated
4. Right to be informed of nature and time and place, with the day and
cause of accusation against him; cause of his capture and detention,
 Description not designation of to do, to submit to, and to receive
the offense is controlling. whatever court or judge awarding
writ shall consider in his behalf.
Void-for-vagueness rule – accused is (Nachura, Reviewer in Political Law,
denied the right to be informed of the p. 135).
charge against him, and to due process
as well, where the statute itself is  Habeas corpus lies only where the
couched in such indefinite language that restraint of a person’s liberty has
it is not possible for men of ordinary been judicially adjudged to be illegal
intelligence to determine therefrom or unlawful (In Re: Petition for
what acts or omissions are punished and, Habeas Corpus of Wilfredo S.
hence shall be avoided (Nachura, Sumulong-Torres, 251 SCRA 709).
Reviewer in Political Law, p. 131).
5. Right to speedy, impartial and XV.RIGHT TO SPEEDY DETERMINATION

public trial; OF CASES
(SEC. 16, ART. III)
 all persons shall have the right to to labor for another, whether he is
speedy disposition of cases before paid or not.
judicial, quasi-judicial and General Rule: No involuntary Servitude
administrative bodies. shall exist.
XVI. SELF-INCRIMINATION Except:

(SEC. 17, ART. III) 1. as punishment for a crime whereof
one has been duly convicted [ Sec.
Availability: not only in criminal 18(2), Art. III];
proceedings, but also in all other 2. service in defense of the state [Sec
government proceedings, including 4, Art. II];
civil actions and administrative or 3. naval enlistment (Robertson v.
legislative investigations. May be Baldwin, 165 US 275);
claimed not only by accused but by 4. posse comitatus (US v. Pompeya, 31
witness to whom an incriminating Phil. 245)
question is addressed. 5. return to work order in industries
affected with public interest
Scope: applies only to testimonial (Kaisahan ng Mangagawa sa Kahoy v.
compulsion and production of Gotamco Sawmills, G.R. No. L-1573.
documents, papers and chattels in March 29, 1948); and
court except when books of account 6. patria potestas [Art. 211, par.(2), FC]
are to be examined in exercise of
power of taxation and police power. XIX. PROHIBITED PUNISHMENTS
(SEC. 19, ART. III)
Transactional Immunity Statute –
testimony of any person or whose Prohibited punishment - mere severity
possession of documents or other does not constitute cruel or unusual
evidence necessary or convenient to punishment. To violate constitutional
determine the truth in any guarantee, penalty must be flagrant
investigation conducted is immune from and plainly oppressive,
criminal prosecution for an offense to disproportionate to nature of offense as
which such compelled testimony relates to shock senses of community.
[Sec. 18 (8), Art. XIII].
XX. NON-IMPRISONMENT FOR DEBTS
Use and Fruit Immunity Statute – (SEC. 20, ART. III)
prohibits the use of a witness’
compelled testimony and its fruits in - No person shall be imprisoned for
any manner in connection with the debt or non-payment of poll tax.
criminal prosecution of the witness
(Galman v. Pamaran, 138 SCRA 274). Coverage:
1. Debt – any civil obligation arising
XVII. NON-DETENTION BY REASON OF from a contract.
POLITICAL BELIEFS OR ASPIRATION 2. Poll Tax – a specific sum levied upon
[SEC. 18 (1), ART. III] any person belonging to a certain
class without regard to property or
 No person shall be detained by occupation (e.g. Community Tax )
reason of his political beliefs or  A Tax is not a debt since it is an
aspirations obligation arising from law hence its
non-payment maybe validly punished
XVIII. INVOLUNTARY SERVITUDE [SEC. with imprisonment.
18 (2), ART. III]
 Condition where one is XXI. DOUBLE JEOPARDY
compelled by force, coercion, or (SEC. 21, ART. III)
imprisonment, and against his will,
Requisites:
1. valid complaint or information; 1. graver offense developed due to
2. filed before competent court; supervening facts arising from the
3. to which defendant has pleaded; same act or omission;
and 2. facts constituting graver offense
4. defendant was previously acquitted arose or discovered only after filing
or convicted or the case dismissed of former complaint or information;
or otherwise terminated without his and
express consent (People v. Ylagan, 3. plea of guilty to lesser offense was
58 Phil 851) made without the consent of
prosecutor or offended party (People
Two types: v. Judge Villarama, 210 SCRA 246).
1. No person shall be twice put in
jeopardy of punishment for the same Reopening of Kuratong Baleleng Cases:
offense; The new rule (Rule117, Sec 8) has fixed a
2. If an act is punishable by a law and time-bar of one year or two years for the
an ordinance, conviction or acquittal revival of criminal cases provisionally
under either shall constitute a bar to dismissed with the express consent of
another prosecution for the same the accused and with a priori notice to
act. the offended party.
 Dismissal of action, when made at  The time-bar cannot be applied

instance of the accused, does not retroactively in 1999 when the cases
put accused in first jeopardy, were dismissed for to so, the state
except: shall effectively have less than two
a. when ground for dismissal is years to reopen the case because the
insufficiency of evidence; or rule only took effect in December
b. when the proceedings have been 2000. This would prevent absurd
unreasonably prolonged as to results and injustice to the Sate.
violate the right of the accused (People, et al. vs. Panfilo Lacson,
to a speedy trial. G.R. No. 149453, April 1, 2003)
Crimes covered: XXII. EX POST FACTO LAW AND BILL OF

1. same offense; or attempt to commit ATTAINDER
or frustration thereof or for any (SEC. 22 ART. III)
offense which necessarily includes or
is necessarily included in the offense EX POST FACTO LAW
charged in original complaint or Kinds:
information; and 1. law making an act criminal which
2. when an act is punished by a law and was not before its passage;
an ordinance, conviction or acquittal 2. law aggravating penalty for
under either shall bar another crime committed before passage;
prosecution for the same act. 3. law inflicting greater or more
severe penalty;
 Doctrine of Supervening Event – 4. law altering legal rules of
evidence and receive less or
prosecution for another offense
different testimony than law
if subsequent development
required at time of commission, in
changes character of the first
order to convict accused;
indictment under which he may
5. law assuming to regulate civil
have already been charged or
rights and remedies only, in effect
convicted.
imposes a penalty
6. of deprivation of right for
Conviction of accused shall NOT bar
something which when done was
another prosecution for an offense
lawful;
which necessarily includes the offense
7. law depriving accused of some lawful
originally charged when:
protection to which he had been
entitled, such a protection of a 4. Those naturalized in accordance
former conviction or acquittal, or a with law.
proclamation of amnesty. Caram Rule – under the 1935
Constitution, those born in the
Characteristics: Philippines of foreign parent, who
1. refers to criminal matters; before the adoption of the
2. retroactive; and Constitution had been elected to
3. prejudice the accused. public office in the Philippines, are
considered Filipino citizens.
BILL OF ATTAINDER - legislative act that
inflicts punishment without trial; FPJ Disqualification Case: The 1935
legislative declaration of guilt. Constitution, during which regime
respondent FPJ has seen first light,
confers citizenship to all persons
Article IV : CITIZENSHIP whose fathers are Filipino citizens
regardless of whether such children
are legitimate or illegitimate (Tecson
I. CITIZENSHIP vs. Comelec, G.R. No. 161434.
- membership in a political March 3, 2004)
community which is personal and more
or less permanent in character. Natural Born Citizens (Sec. 2, Art. IV)
1. Citizens of the Philippines from birth
Modes of acquiring citizenship: without having to perform any act to
1. By birth acquire or perfect their Philippine
a. jus sanguinis; and citizenship;
b. jus soli; 2. Those born before January 17, 1973
2. By naturalization; of Filipino mothers, who elect
3. By marriage Philippine citizenship upon reaching
the age of majority
Citizens of the Philippines (Sec. 1, Art.
IV): Who Must Be Natural Born Citizens
1. Those who are Filipino citizens at a.President [Sec.2, Art. VII];
time of adoption of the 1987 b. Vice President [Sec.3, Art. VII];
Constitution; c.Members of Congress [Sec.3 & 6,
a. Those who are citizens under the Art. VI];
Treaty of Paris; d. Justices of the Supreme Court
b. Those declared citizens by and lower collegiate courts [Sec.
judicial declaration applying the 7(1), Art. VIII];
jus soli principle, before Tio e. Ombudsman and his deputies
Tiam v. Republic (25 April 1957, [Sec.8, Art.XI];
G.R. No. L-9602); f. Constitutional Commissions
c. Those who are naturalized in [Secs.1(1) of Arts. IX-B, IX-C, and
accordance with law (Act 2927); IX-D];
d. Those who are citizens under the g.Members of the governing board of
1935 Constitution; the Central Monetary Authority
e. Those who are citizens under the [Sec.20, Art. XII];
1973 Constitution. h. Chairman and members of the
2. Those whose fathers or mothers are Commission of Human Rights
citizens of the Philippines; [Sec.17(2), Art.XIII].
3. Those born before January 17, 1973,
of Filipino mothers, who elect II. NATURALIZATION
Philippines citizenship upon reaching
the age of majority; Qualifications for Naturalization:
 Time to elect: 3 years after age 1. not less than 18 years of age on date
of majority of hearing of petition (as amended
by RA 6809);
2. resided in the Philippines for not less Disqualification for Naturalization:
than 10 years; may be reduced to 5 a. opposed to organized
years, if: government or affiliated
a.honorably held office in the with any association or group
Philippines; of persons who uphold and
b. established new industry or teach doctrines opposing all
introduced a useful invention; organized governments;
c.married to a Filipino woman; b. defending or teaching
d. engaged as teacher in Philippine necessity or propriety of
public or private school not violence, personal assault or
established for exclusive assassination for the success
instruction to particular or predominance of their
nationality or race, or in any of ideas;
branches of education or c. polygamists or believers in
industry for a period of not less polygamy;
than 2 years; and d. suffering from mental
e. born in the Philippines; alienation or incurable
3. character: contagious disease;
a.good moral character; e. convicted of crime involving
b.believes in the Constitution; moral turpitude;
c. conducted himself in an f. who during residence in the
irreproachable conduct during his Philippines have not mingled
stay in the Philippines; socially with Filipinos, or not
4. Own real estate in the Philippines evinced sincere desire to
not less than P5,000 in value; or learn and embrace customs,
have some lucrative trade, traditions and ideals of
profession or lawful occupation that Filipinos;
can support himself and his family; g. citizens or subjects of
5. Speak and write English or Filipino nations with whom the
and any principal Philippine dialects; Philippines is at war, during
(as amended by Sec. 6 Art. XIV); and the period of such war;
6. Enrolled minor children in any public h. citizens or subjects of
or private school recognized by foreign country whose laws
government where Philippine history, do not grant Filipinos right to
government and civics are taught as become naturalized citizens
part of curriculum, during the entire or subjects thereof (no
period of residence prior to hearing reciprocity).
of petition.
Effects of Naturalization :
Declaration of Intention – must be filed 1. ON THE WIFE
with the Office of the Solicitor General vests citizenship on wife who
one year before filing of application for might herself be lawfully
naturalization. naturalized; She need not prove
her qualifications but only that
Exception: she is not disqualified. (Moy Ya
a.Those born in the Philippines and Lim Yao v. Comm. of Immigration,
received primary and secondary 41 SCRA 292).
education in a Philippine school;
b.Those who have resided in the 2. ON THE MINOR CHILDREN
Philippines for thirty years; (i) If born in the Philippines –
c. The widow or children of the automatically becomes a citizen;
applicant who died before his If born abroad
application was granted.
If born before the naturalization
of Doctrine of Indelible Allegiance – an
the father individual may be compelled to
(ia) residing in RP at the retain his original nationality
time of naturalization – notwithstanding that he has already
automatically becomes renounced or forfeited it under the
citizen; laws of the second state whose
(ib) if not residing in RP at nationality he has acquired.
the time of
naturalization – III. LOSS OF PHILIPPINE CITIZENSHIP:
considered citizen only (CA 63) (C2 RAND)
during minority, unless
begins to reside 1. Naturalization in a foreign country;
permanently in the 2. Express renunciation of citizenship
Philippines; (expatriation);
(ii) If born born outside the – The mere application or
Philippines after parents’ possession of an alien certificate
naturalization considered of registration does not amount
Filipino, provided registered to renunciation (Mercado vs.
as such before any Manzano, G.R. No. 135083, May
Philippines consulate within 26, 1999)
1 year after attaining 3. Subscribing to an oath of allegiance
majority age and takes oath to constitution or laws of foreign
of allegiance. upon attaining of 21 years of age;
 Citizens may not divest
Grounds for Denaturalization: citizenship when Philippines is at
a) naturalization certificate war.
obtained fraudulently or 4. Rendering service to or accepting
illegally; commission in the armed forces of a
b) if, within 5 years, he returns to foreign country;
his native country or to some 5. Cancellation of certificate of
foreign country and establishes naturalization;
residence therein; 6. Having been declared by final
c) naturalization obtained through judgment a deserter of Philippines
invalid declaration of intention; Armed Forces in times of war.
d) minor children failed to graduate
through the fault of the parents General Rule: Res judicata does not
either by neglecting support or set in citizenship cases.
by transferring them to another
school; and Exception:
e) allowing himself to be used as 1. person’s citizenship is
dummy. resolved by court or an
administrative body as a
Effects of Denaturalization: material issue in the
a) If ground affects intrinsic controversy, after a full-
validity of proceedings, blown hearing;
denaturalization shall divest 2. with the active participation
wife and children of their of the Solicitor General or
derivative naturalization; his representative; and
and
3. finding of his citizenship is
b) If the ground is personal, the affirmed by the Supreme
wife and children shall retain Court.
citizenship.
RA 9225 also known as the "Citizenship
IV. REACQUISITION OF Retention and Re-acquisition Act of
CITIZENSHIP 2003," approved on August 29, 2003
provides that, upon taking the oath of
1. By naturalization; allegiance to the Republic:
2. By repatriation; a. Natural born citizens of the
 RA 8171 is an act providing for Philippines who have lost their
the repatriation of: Philippine citizenship by reason
a. Filipino women who have of their naturalization as citizens
lost their Philippine of a foreign country are deemed
citizenship by marriage to to have re-acquired Philippine
aliens and; citizenship; and
b. natural-born Filipinos who b. Natural born citizens of the
have lost their Philippine Philippines who, after the
citizenship on account or effectivity of the said RA become
political or economic citizens of a foreign country shall
necessity. retain their Philippine
 The applicant should not be a: citizenship.
a. Person opposed to organized
Derivative Citizenship - The unmarried
government or affiliated
child, whether legitimate,
with any association or group
illegitimate or adopted, below
of persons who uphold and
eighteen (18) years of age, of those
teach doctrines opposing
who re-acquire Philippine citizenship
organized government;
upon effectivity of the said RA shall
b. Person defending or teaching
be deemed citizens of the
the necessity or propriety of
Philippines.
violence, personal assault, or
association for the
V. DUAL ALLEGIANCE
predominance of their ideas;
(Sec. 5, Art. IV)
c. Person convicted of crimes
involving moral turpitude: or
DUAL DUAL
d. Person suffering from mental
CITIZENSHIP ALLEGIANCE
alienation or incurable
contagious diseases. 1. Arises when, as a 1. Refers to the
result of situation where a
 Repatriation shall be effected by concurrent person
taking the necessary oath of application of the simultaneously
allegiance to the Republic of the different laws of owes, by some
Philippines and registration in two or more positive act,
the proper civil registry and in states, a person is loyalty to two or
simultaneously more states.
the Bureau of Immigration. The
considered a
Bureau of Immigration shall national by said
thereupon cancel the pertinent states.
alien certificate of registration
and issue the certificate of 2. Involuntary 2. Result of an
identification as Filipino citizen individual’s
to the repatriated citizen. volition and is
prohibited by the
 Allows the person to recover or Constitution
return to his original status
before he lost his Philippine
citizenship (Bengzon III v. HRET,
G.R. No. 142840, May 7, 2001)
3. By direct act of Congress.
Article V : SUFFRAGE least eighteen (18) years of age on
the day of elections, may vote for
I. SUFFRAGE president, vice-president, senators
- right to vote in elections. and party-list representatives.
Who may exercise (Sec. 1, Art. V) 3. Disqualifications
1. all citizens of the Philippines, not a. Those who have lost their
otherwise disqualified by law; Filipino citizenship in accordance
2. at least 18 years of age with Philippine laws;
3. resided in the Philippines for at least b. Those who have expressly
one year; and renounced their Philippine
4. resided in the place they propose to citizenship and who have
vote for at least 6 months pledged allegiance to a foreign
immediately preceding the election. country;
c. Those who have committed and
II. RESIDENCE are convicted in a final judgment
- has dual meaning (Sec.1, Art. V): by a court or tribunal of an
First – as a requirement of residence offense punishable by
in the Philippines: synonymous with imprisonment of not less than
“domicile” one (1) year, including those who
 imports both intention to reside have committed and been found
and personal presence coupled guilty of Disloyalty as defined
with conduct indicative of such under Article 137 of the Revised
intention. Penal Code, such disability not
Second – requirement of residence having been removed by plenary
in the place where one intends to pardon or amnesty; Provided,
vote: however, That any person
disqualified to vote under this
 can mean domicile or temporary subsection shall automatically
residence acquire the right to vote upon
expiration of five (5) years after
Requisites of Acquisition of Domicile by service of sentence; Provided,
Choice: further, That the Commission
1. residence or bodily presence in the may take cognizance of final
new locality; judgments issued by foreign
2. an intention to remain there; and courts or tribunals only on the
3. an intention to abandon the old basis of reciprocity and subject
residence. (Gallego v. Verra, 73 Phil. to the formalities and processes
453) prescribed by the Rules of Court
on execution of judgments;
III. THE OVERSEAS ABSENTEE VOTING d. An immigrant or a permanent
ACT OF 2003 (R.A. 9189) resident who is recognized as
such in the host country, unless
1. Definition of Terms he/she executes, upon
Absentee Voting - the process by registration, an affidavit
which qualified citizens of the prepared for the purpose by the
Philippines abroad exercise their Commission declaring that
right to vote; he/she shall resume actual
Overseas Absentee Voter - a citizen physical permanent residence in
of the Philippines who is the Philippines not later than
qualified to register and vote three (3) years from approval of
under this Act, not otherwise his/her registration under this
disqualified by law, who is Act. Such affidavit shall also
abroad on the day of elections. state that he/she has not
2. Coverage – all citizens of the applied for citizenship in another
Philippines abroad, who are not country. Failure to return shall
otherwise disqualified by law, at be the cause for the removal of
the name of the immigrant or Initiative – power of the people to
permanent resident from the propose amendments to the
National Registry of Absentee Constitution or to propose and
Voters and his/her permanent enact legislation through an
disqualification to vote in election called for the purpose.
absentia.
e. Any citizen of the Philippines Classes of initiative:
abroad previously declared 1. Initiative on the Constitution –
insane or incompetent by petition proposing amendments
competent authority in the to the Constitution;
Philippines or abroad, as verified 2. Initiative on Statutes – petition
by the Philippine embassies, proposing to enact a national
consulates or foreign service legislation;
establishments concerned, 3. Initiative on Local Legislation –
unless such competent authority petition proposing to enact a
subsequently certifies that such regional, provincial, city,
person is no longer insane or municipality or barangay law,
incompetent. resolution or ordinance.
Limitations:
Article VI : LEGISLATIVE 1. power of local initiative shall not be
DEPARTMENT exercised more than once a year;
2. initiatives shall extend only to
I. LEGISLATIVE POWER subjects or matters which are within
1. power to propose, enact, amend and the legal powers of the local
repeal laws. legislative bodies to enact;
2. Vested in Congress, except to the 3. if at anytime before the initiative is
extent reserved to the people by held, the local legislative body shall
provision on initiative and adopt in toto the proposition
referendum. presented, the initiative shall be
cancelled.
The People’s Participation in the
Government Consist of: Limitation on Local Legislative Body
vis-a-vis Local Initiative:
1. Suffrage - Any proposition or ordinance
approved through an initiative and
2. Plebiscite referendum shall not be repealed,
a. Ratifying the Constitution modified or amended by the sanggunian
[Sec.27, Art. XVIII]; within 6 months from the date of
b. Approving any amendment approval thereof, and may be amended ,
thereto [Sec.4, Art.XVII]; modified or repealed within 3 years
c. Approving any changes in thereafter by a vote of ¾ of all its
boundaries of LGUs, members. In case of barangays, the
mergers, divisions, or period shall be 18 months after approval.
abolitions of LGUs [Sec.10, (Sec. 125, RA 7160)
Art.X];
d. Creating metropolitan Indirect Initiative – exercise of initiative
authorities [Sec.11, Art.X]; by the people through a proposition sent
e. Creating autonomous regions to Congress or the local legislative body
[Sec.18, Art.X]. for action.
3. Referendum and Initiative Referendum – power of the electorate

to approve or reject legislation through
an election called for that purpose.
Classes of Referendum: according to
1. Referendum on Statutes – proportional
petition to approve or reject an representation,
act or law, or part thereof, but is in no way to
exceed 3 seats per
passed by Congress;
organization
2. Referendum on Local Laws –
legal process whereby the
registered voters of the local
government units may approve, 2. Must be a
amend or reject any ordinance resident of his 2. No special
enacted by the sanggunian. (Sec. legislative district residency
126, RA 7160 or the LGC of 1991) for at least 1 year requirement
immediately
II. COMPOSITION before the
election
Senate – 24, elected at large by the 3. Elected 3. Voted upon by
qualified voters of the personally, i.e. by party or
Philippines; name. organization. It is
House of Representatives – not more only when a party
than 250 members consisting of: is entitled to
a. District Representatives – representation
elected from legislative that it designates
districts apportioned among who will sit as
representative.
the provinces, cities and the
Metropolitan Manila area; 4. Does not lose 4. If he/she changes
b. Party-list Representatives – seat if he/she party or
shall constitute 20% of the changes party or affiliation, loses
total number of affiliation. his seat, in which
representatives, elected case he/she will
through a party-list system be substituted by
of registered national, another qualified
regional and sectoral parties person in the
or organizations. party /
organization based
on the list
– The Party-list organization submitted to the
must represent the COMELEC
“marginalized and
underprivileged” and the 5. In case of 5. In case of vacancy,
nominees themselves must vacancy, a special a substitution will
comply with this qualitative election may be be made within
requirement (Ang Bagong held provided the party, based
Bayani, et al. vs. Comelec that the vacancy on the list
takes place at submitted to the
G.R. No. 147589, June 26,
least 1 year COMELEC.
2001) before the next
election.
DISTRICT PARTY-LIST
REPRESENTATIVE REPRESENTATIVE 6. A district 6. A party-list repre-
representative is sentative cannot
1. Elected according 1. Elected nationally, not prevented sit if he ran and
to legislative with party-list from running lost in the previous
district by the organizations again as a district election.
constituents of garnering at least representative if
such district 3% of all the votes he/she lost
cast for the party- during the
list system previous election.
entitled to 1 seat,
which is increased 7. A change in 7. A change in
affiliation within affiliation within either a resolution if Congress is
6 months prior to 6 months prior to in session or the Senate
election does not election prohibits President or the Speaker must
prevent a district the party-list sign a certification, if Congress is
representative representative
not in session,
from running from sitting as
under his new representative a. declaring the existence of
party. under his new the vacancy;
party or b. calling for a special election
organization. to be held within 45 to 90
days from the date of the
III. APPORTIONMENT OF LEGISLATIVE resolution or certification.
DISTRICT  the Senator or representative
[Sec. 5 (3) and (4), Art. VI] elected shall serve only for the
unexpired term.
1. Maintain proportional
representation based on number V. SESSIONS
of inhabitants; [SEC. 14, ART. VI]
 Each city with not less than
250 thousand inhabitants, 1. Regular – convene once every year.
entitled to at least one (1) The fourth Monday of July until 30
representative; days before the start of new regular
session;
 Each province, irrespective
2. Special
of the number of
a. called by the President [Sec. 15,
inhabitants, entitled to at
Art VII];
least one (1) representative.
b. to call a special election due to
2. Each district must be contiguous,
a vacancy in the offices of the
compact and adjacent.
President and Vice President at
Gerrymandering is not allowed;
10 o’clock a.m. on the third day
 Gerrymandering – formation after the vacancies [Sec. 10, Art.
of one legislative district out VII];
of separate territories for c. to decide on the disability of the
the purpose of favoring a President because the majority
candidate or a party (Bernas, of all the
Reviewer in Philippine members of the cabinet has
Constitution, P. 186) “disputed” his assertion that he
3. Reapportionment within 3 years is able to discharge the powers
following return of every census. and duties of his office [Sec.11
par(3), Art. VII];
IV. ELECTION d. to revoke or extend the
Presidential Proclamation of
1. Regular – second Monday of May, Martial Law or suspension of the
every three years writ of habeas corpus. [Sec. 18,
2. Special (RA 6645) – Art. VII]
 No special election will be called 3. Joint sessions –
if vacancy occurs: a. voting separately
a. at least eighteen (18) (i) choosing the President [Sec.
months before the next 4, Art. VII];
regular election for members (ii) determine President’s
of the Senate; disability [Sec. 11, Art. VII];
b. at least (1) year before the (iii) confirming nomination of
next regular election for Vice-President [Sec. 9, Art.
Members of Congress. VI];
 The particular House of Congress (iv) declaring existence of a
where vacancy occurs must pass state of war [Sec. 23, Art.
VI];
(v) proposing constitutional 4. yeas and nays on any question at the
amendments [Sec. 1, Art. request of 1/5 of members present
XVII]. [Sec.16(4), Art.VI].
b. voting jointly –
(i.) to revoke or extend Enrolled Bill – conclusive upon courts as
proclamation suspending regards the tenor of the measure passed
the privilege of writ of by Congress and approved by the
habeas corpus [Sec. 18, Art. President (Mabanag v. Lopez Vito, 78
VII]; Phil. 1)
(ii.) to revoke or extend
declaration of martial law Journal Entry vs. Enrolled Bill
[Sec. 18, Art. VII].  Enrolled bill prevails (Field v. Clark,
4. Adjournment – neither Chamber 143 US 649), except to matters,
during session, without the consent which under the Constitution, must
of the other, adjourn for more than 3 be entered into the Journal.
days, nor any other place than that (Astorga v. Villegas, 56 SCRA 714)
in which the two Chambers shall be
sitting [Sec. 16 (5), Art. VI]. VIII. CONGRESSIONAL ELECTORAL
TRIBUNALS (SET OR HRET) (SEC. 17,
Adjournment Sine Die – interval ART. VI)
between the session of one Congress and
that of another; Congress must “stop the Composition:
clock” at midnight of the last day of 1. 3 Supreme Court Justices designated
session in order to validly pass a law. by Chief Justice; and
2. 6 members of the Chamber
 The Senate is a continuing body concerned (Senate or HR) chosen on
while the House is not. the basis of proportional
representation from political parties
VI. DISCIPLINE OF MEMBERS and parties registered under the
[SEC. 16 (3), ART. VI] party-list system
 Each house may punish its members Senior Justice shall act as Chairman.
for disorderly behavior, and, with the
concurrence of 2/3 of all its Power of Electoral Tribunals:
members, suspend (for not more 1. Sole judge of all contests relating to
than 60 days) or expel a member. the election, returns and
qualification of their respective
The interpretation of the phrase members.(Sec. 17, Art. VI)
disorderly behavior is the 2. Rule-making power (Lazatin v. HRET,
prerogative of the House concerned 168 SCRA 391)
and cannot be judicially reviewed.
(Alejandrino v. Quezon, 46 Phil 83).  It is independent of the Houses of
Congress and its decisions may be
VII. MATTERS MANDATED BY reviewed by the Supreme Court only
CONSTITUTION TO BE ENTERED upon showing of grave abuse of
INTO THE JOURNAL discretion.
[SEC. 16 (4), ART. VI]
1. yeas and nays on third and final IX. COMMISSION ON APPOINTMENTS
reading of a bill [Sec. 26(2), Art. VI]; (SEC. 18, ART. VI)
2. veto message of President [Sec.
27(1), Art.VI]; Composition:
3. yeas and nays on re-passing a bill  12 Senators and 12 Representatives,
vetoed by President [Sec.27(1), Art. elected by each house on the basis
VI]; and of proportional representation from
the political parties and parties and
organizations registered under the
party-list system represented Limitations on the Powers of Congress:
therein. 1. Substantive –
 Senate President as ex-officio a. Express:
chairman. (i) bill of rights [Art. III];
 Chairman shall not vote except in (ii) on appropriations [Sec. 25
and 29 (1) and (2), Art. VI];
case of tie.
(iii) on taxation [Sec. 28 and 29
(3), Art. VI; Sec 4 (3), Art.
Powers:
XIV];
1. Shall act on all appointments
(iv) on constitutional appellate
submitted to it within 30 session
jurisdiction of Supreme
days of Congress from their
Court [Sec. 30, Art. VI];
submission; and
(v) no law granting title of
2. Power to promulgate its own rules of
royalty or nobility shall be
proceedings.
passed [Sec. 31, Art. VI];
(vi) no specific funds shall be
X. POWERS OF CONGRESS
appropriated or paid for use
or benefit of any religion,
Classification of Powers:
sect, etc., except for
priests, etc., assigned to AFP,
1. Legislative –
penal institutions, etc.
General plenary power (Sec.1,
[Sec.29(2), Art.VI].
Art.VI);
specific power of appropriation,
b. Implied:
taxation and expropriation;
(i) prohibition against
legislative investigations;
irrepealable laws;
question hour.
(ii) non-delegation of powers.
2. Non-Legislative – includes power to:
2. Procedural –
a. canvass presidential elections;
a. only one subject, to be stated in
b. declare existence of a state of
the title of the bill [Sec. 26(1),
war;
Art. VI]; and
c. delegation of emergency powers;
b. 3 readings on separate days;
d. call special election for
printed copies of the bill in its
President and Vice-President;
final form distributed to
e. give concurrence to treaties and
members 3 days before its
amnesties;
passage, except if President
f. propose constitutional
certifies to its immediate
amendments (constituent
enactment to meet a public
power);
calamity or emergency; upon its
g. confirm certain appointments;
last reading , no amendment
h. impeach;
allowed and the vote thereon
i. decide the disability of the
taken immediately and the yeas
President because majority of
and nays entered into the
the Cabinet disputes his
Journal [Sec. 26(2), Art. VI];
assertion that he is able to
c. appropriation, revenue and tariff
discharge his duties;
bill (RAT Bills) shall originate
j. revoke or extend proclamation
exclusively from the House of
of suspension of privilege of writ
Representatives (Sec. 24, Art. VI)
of habeas corpus or declaration
of martial law (to revoke =  shall originate exclusively
legislative veto) from the House – the
k. power with regard to utilization initiative for filing of RAT
of natural resources [Sec.2, Art. Bills must come from the
XII]; House, but it does not
prohibit the filing in the
Senate a substitute bill in
anticipation of its receipt of 4. Procedure for approving
the bill from the House, so appropriations for Congress shall be
long as the action by the the same as that of other
Senate is withheld pending departments in order to prevent
the receipt of the House bill. sub-rosa appropriations by Congress.
(Tolentino v. Sec. Of 5. Prohibition against transfer of
Finance, 235 SCRA 630). appropriations (doctrine of
augmentation), however:
POWER OF APPROPRIATION a. President;
Appropriations Law – a statute, the b. Senate President;
primary and specific purpose of c. Speaker of the House of
which, is to authorize release of Representative;
public funds from treasury. d. Chief Justice; and
e. Heads of Constitutional
- The existence of appropriations and Commissions –
the availability of funds are may, by law, be authorized to
indispensable pre-requisites to or augment any item in the general
conditions sine qua non for the execution appropriations law for their
of government contracts. (Comelec v. respective offices from savings in
Judge Quijano-Padilla and Photokina other items of their respective
Marketing Corp., G.R. No. 151992, appropriations.
September 18, 2002) 6. Prohibitions against appropriations
for sectarian benefit; and
Implied Limitations on Appropriation 7. Automatic re-appropriation.
Power:
1. must specify public purpose; and Limitations on Power of Legislative
2. sum authorized for release must be Investigation [Sec. 21, Art. VI]
determinate, or at least 1. must be in aid of legislation;
determinable. 2. in accordance with duly published
rules of procedures; and
Constitutional Limitations on Special 3. right of person appearing in, or
Appropriations Measures: affected by such inquiry shall be
respected.
1. must specify public purpose for
which the sum was intended; and
QUESTION LEGISLATIVE
2. must be supported by funds actually HOUR INVESTIGATION
available as certified by National (Sec. 22, Art. VI) (Sec. 21, Art. VI)
Treasurer or to be raised by
corresponding revenue proposal 1. As to persons who may appear
included therein. [Sec. 25(4), Art.
VI]. only a department any person
head
Constitutional Rules on General
Appropriations Laws (Sec. 25, Art. VI)
1. Congress may not increase 2. As to who conducts the investigation
appropriations recommended by the
entire body committees
President for operations of
Government; 3. As to subject matter
2. Form, content and manner of
preparation of budget shall be Matters related to any matter for the
provided by law; the department purpose of
3. No provision or enactment shall be only legislation
embraced in the bill unless it relates
specifically to some particular
appropriations therein;
XI. LEGISLATIVE PROCESS 3. Failure of the President to veto
the bill and to return it with his
Doctrine of shifting majority: For each objections to the House where it
House of Congress to pass a bill, only originated, within 30 days after
the votes of the majority of those the date of receipt;
present in the session, there being a 4. A bill calling a special election
quorum, is required. for President and Vice-President
under Sec. 10, Art. VII becomes
Quorum – majority of each House, but a law upon third and final reading.
smaller number may adjourn from day to
day and may compel the attendance of PRESIDENTIAL VETO
absent Members in such manner and
under such penalties as such House may General Rule: If the President
determine [Sec. 16(2), Art. VI]. disapproves a bill enacted by Congress,
 The basis for determining the he should veto the entire bill. He is not
existence of a quorum in the Senate allowed to veto separate items of a bill.
shall be the total number of Senators
who are in the country and within Exception: Item-veto in the case of
the coercive jurisdiction of the appropriation, revenue, and tariff bills
Senate (Avelino v. Cuenco, 83 Phil [Sec. 27 (2), Art. VI].
17).
Exceptions to the exception:
Bills that must originate from the 1. Doctrine of Inappropriate
House of Representatives: Provisions – a provision that is
1. Appropriations bill; constitutionally inappropriate for an
2. Revenue and tariff bills; appropriation bill may be singled out
3. Bill authorizing increase in public for veto even if it is not an
debts; appropriation or revenue “item”
4. Bill of local application; and (Gonzales v. Macaraig, Jr., 191 SCRA
5. Private bills [Sec.24, Art. VI]. 452).
2. Executive Impoundment - refusal
Procedure for Approval of Bills: of the President to spend funds
1. Bill is approved by both chambers; already allocated by Congress for
2. President approves and signs it; specific purpose. It is the failure to
3. If the President vetoes the bill, spend or obligate budget authority of
return bill with presidential any type. (Philconsa v. Enriquez,
objections to the house of origin. G.R. No. 113105. August 19, 1994).
Veto may be overridden upon vote of
2/3 of all members of the House of Pocket Veto – occurs when (1) the
origin and other house; and President fails to act on a bill and (2)
4. Presidential inaction for 30 days the reason he does not return the
from receipt of the bill: bill becomes bill to Congress is that Congress is
a law as if the same has been signed not in session.
by him  Not applicable in the Philippines
because inaction by the
How a Bill becomes Law: President for 30 days never
1. Approved and signed by the produces a veto even if Congress
President; is in recess. The President must
2. Presidential veto overriden by still act to veto the bill and
2/3 vote of all members of both communicate his veto to
Houses; Congress without need of
returning the vetoed bill with his
veto message.
him by the Constitution
(Sarmiento v. Mison, GR No.
Article VII: 79974, December 17, 1987)
EXECUTIVE DEPARTMENT b. prior recommendation or
nomination by the Judicial and
I. ELECTION Bar Council;
(i) Members of the Supreme
1. Regular – second Monday of May, Court and all lower courts
every six years; (Sec.9, Art. VIII); and
2. Special (ii) Ombudsman and his 5
Requisites: deputies.
a. death, permanent disability,
removal from office or c. requiring nominations by multi-
resignation of both the President sectoral groups;
and the Vice President; (i) Regional consultative
b. vacancies occur more than commission (Sec. 18, Art. X);
eighteen months before the next and
regular presidential election; (ii) Party-list representatives,
c. a law passed by Congress calling before the Party-List Law
for a special election to elect a (Sec.7,Art. XVIII).
President and a Vice President to
be held not earlier than 45 days d. appointment of Vice-President as
nor later than 60 days from the member of the Cabinet;
time of such call.[Sec.10,
Art.VII]. e. appointment solely by the
President.
II. POWERS OF THE PRESIDENT (i) those vested by the
Constitution on the President
1. EXECUTIVE POWER – power to alone;
enforce and administer laws. (ii) those whose appointments
 President shall have control of are not otherwise provided
all executive departments, for by law;
bureaus and offices. He shall (iii) those whom he may be
ensure that laws are faithfully authorized by law to
executed. (Sec. 17, Art. VII) appoint; and
 Until and unless a law is (iv) those other officers lower in
rank who appointment is
declared unconstitutional,
vested by law in the
President has a duty to execute
President alone.
it regardless of his doubts as to
its validity (faithful execution
Appointing Procedure for those that
clause) [Sec.1 and 17 Art. VII]
need CA Confirmation:
1. nomination by the President;
2. POWER OF APPOINTMENT
2. confirmation by the Commission on
a. with the consent of the
Appointments;
Commission on Appointments
3. issuance of commission; and
(i) heads of executive
4. acceptance by appointee.
departments;
(ii) ambassadors and other  Deemed complete upon acceptance
public ministers and (Lacson vs Romero, 84 Phil 740)
consuls;
(iii) officers of the AFP from the Limitations on Appointing Power:
rank of colonel or naval 1) appointments made by an
captain; and acting-President shall remain
(iv) other ministers whose effective unless revoked within
appointments are vested in 90 days from assumption of
office by elected President [Sec. that of the former (Mondano v.
14, Art. VII]; and Silvosa, 97 Phil, 143).
2) President or acting-President
shall not make appointments  Doctrine of Qualified Political
except temporary ones to Agency or Alter Ego Principle – acts
executive positions 2 months of the Secretaries of Executive
immediately before next departments when performed and
Presidential elections and up to promulgated in the regular course of
the end of his term. Only when business or unless disapproved or
continued vacancy will prejudice reprobated by the Chief Executive,
public service or endanger public are presumptively the acts of the
safety [Sec. 15, Art. VII]. Chief Executive (Villena v. Secretary
3) The spouse and relatives by of the Interior, 67 Phil 451).
consanguinity or affinity within
the 4th civil degree of the 5. MILITARY POWERS (SEC. 18, ART.
President shall not, during his VIII)
tenure be appointed as: a. Commander-in –Chief clause
a. members of the
 To call out the Armed Force
Constitutional Commissions;
b. member of the Office of the to prevent or suppress
Ombudsman; lawless violence, invasion or
c. Secretaries; rebellion;
d. Undersecretaries;  organize courts martial and
e. Chairman or heads of create military commissions.
bureaus or offices, including
GOCC and their subsidiaries. b. Suspension of the Privilege of
[Sec.13,par. 2, Art. VII] Writ of Habeas Corpus and
4. The President shall have the power Declaration of Martial Law
to make appointments during the (i.) Grounds: invasion or
recess of the Congress, whether rebellion, when public safety
voluntary or compulsory, but such requires it.
appointments shall be effective only (ii.) Duration: not more than 60
until disapproval by the CA or until days, following which it shall
the next adjournment of the be lifted, unless extended by
Congress. [Sec. 16 par.2, Art. VII] Congress.
(iii.) Duty of the President to
3. POWER OF REMOVAL report to Congress: within 48
hours personally or in
General rule: this power is implied writing.
from the power to appoint. (iv.)Authority of Congress to
revoke or extend the
Exception: those appointed by him effectivity of proclamation:
where the Constitution prescribes by majority vote of all of its
certain methods for separation from members voting jointly.
public service.(e.g. impeachment) (v.) Authority of the Supreme
Court: to inquire into the
4. POWER OF CONTROL sufficiency of the factual
Control – power of an office to: basis for such action, at the
 Alter, instance of any citizen.
 Modify, Decision must be
promulgated 30 days within
 Nullify, or
its filing.
 Set aside (vi.) Proclamation does not
what a substitute had done in affect the right to bail.
the performance of his duties (vii.) Suspension applies only
and to substitute his judgment to to persons facing charges of
rebellion or offenses 3. can be granted only after
inherent in or directly convictions by final judgment
connected with invasion. (except amnesty);
(viii.) Person arrested must be 4. cannot be granted in cases of
charged within 3 days; if legislative contempt or civil
not, must be released. contempt;
(ix.) Proclamation does not 5. cannot absolve convict of civil
supersede civilian authority. liability; and
6. cannot restore public offices
Effects of Proclamation of Martial Law forfeited.
1. The President can:
a. Legislate; Pardon – act of grace which exempts
b. order the arrest of people who individual on whom it is bestowed
obstruct the war effort. from punishment which the law
2. The following cannot be done: inflicts for a crime he has
a. suspend the operation of the committed.
Constitution. Pardon Classified:
b. Supplant the functioning of the 1. Plenary or partial; and
civil courts and the legislative 2. Absolute or conditional.
assemblies;
c. Confer jurisdiction upon military Commutation – reduction or
courts and agencies over mitigation of the penalty.
civilians, where civil courts are
able to function. Reprieve – postponement of sentence or
Open Court Doctrine – civilians stay of execution.
cannot be tried by military
courts if the civil courts are open Parole – release from imprisonment, but
and functioning. without full restoration of liberty, as
d. Automatically suspend the parolee is in the custody of the law
privilege of the writ of habeas although not in confinement.
corpus.[Sec.18, par(4), Art.VII].
Amnesty – act of grace, concurred in by
Four ways for the proclamation or the Legislature, usually extended to
suspension to be lifted: groups of persons who committed
1. lifting by the President himself; political offenses, which puts into
2. revocation by Congress; oblivion the offense itself.
3. nullification by the Supreme Court;
4. operation of law after 60 days.
6. PARDONING POWER AMNESTY PARDON

(SEC. 19, ART. VII)
 discretionary, may not be 1. Political 1. Infraction of
offenses peace/ common
controlled by the legislature or
crimes
reversed by the court, unless
there is a constitutional
violation. 2. Classes of 2. individuals
persons
Limitations:
1. cannot be granted in cases of
impeachment; 3. Requires 3. does not require
2. cannot be granted in violations concurrence of concurrence of
of election laws without Congress Congress
favorable recommendations of
the COMELEC; 4. Public act to 4. Private act which
which court may must be pleaded
take judicial and proved
notice of  Whatever is not judicial,
whatever is not legislative, is
5. Looks backward 5. Looks forward residual power exercised by the
and puts to and relieves the President (Marcos v. Manglapus,
oblivion the pardonee of the 178 SCRA 760)
offense itself consequence of
the offense.
6. May be granted 6. Can be granted 12. OTHER POWERS

even before trial only after
a. call Congress to a special session
conviction.
[Sec. 15, Art. VI];
b. approve or veto bills [Sec. 27,
7. BORROWING POWER (SEC. 20, ART.
Art. VI];
VII)
c. deport aliens (Qua Chee Gan v.
 the President may contract or The Deportation Board, G.R. No.
guarantee foreign loans on L-10280. September 30, 1963);
behalf of the Republic with the d. consent to deputization of
concurrence of the Monetary government personnel by
Board, subject to such COMELEC [Sec.2 (4), Art. IX-C];
limitations as may be provided e. to discipline such deputies [Sec.
by law. 2 (8), Art. IX-C];
 Monetary Board shall submit to f. general supervision over local
Congress report on loans within government units and
30 days from end of every autonomous regional
quarter. governments (Art. X);
8. DIPLOMATIC POWER (SEC. 21, ART. general supervision – mere

VII) overseeing of a subordinate to
 No treaty or international make sure that they do their
agreement shall be valid and duties under the law but does
effective unless concurred in by not include the power to
at least 2/3 of all members of overrule their acts, if these acts
Senate. are within their discretion.
9. BUDGETARY POWER (SEC. 22, ART. g. immunity from suit during his
VII) tenure
 within 30 days from opening of - deemed implied in the
Constitution (Bernas, The
every regular session, President
1987 Constitution, A
shall submit to Congress a
Commentary 2003 Ed., p
budget of expenditures and
803)
sources of financing, including
receipts from existing and
- the immunity does not
proposed revenue measures.
however extend to non-
official acts or for wrong
10. INFORMING POWER (SEC. 23, ART.
doing (Estrada vs. Desierto,
VI)
G. R. Nos. 146710-15, March
 President shall address Congress 2, 2001)
at the opening of its regular
session. President may also h. by delegation from Congress,
appear before it at any other exercise emergency [Sec. 23 (2),
time. Art. VI] and tariff powers [Sec.
28 (2), Art. VI].
11. RESIDUAL POWER
Conditions for the Exercise of the 6. Members of judiciary enjoy security
President of Emergency Powers: of tenure;
1. there must be a war or national 7. Members of judiciary may not be
emergency; designated to any agency performing
2. there must be a law authorizing quasi-judicial or administrative
President to exercise emergency functions;
powers; 8. Salaries of judges may not be
3. exercise must be for a limited reduced; judiciary enjoys fiscal
period; autonomy;
4. must be subject to restrictions that 9. SC alone may initiate Rules of Court;
Congress may provide; and 10. SC alone may order temporary detail
5. exercise must be necessary and of judges; and
proper to carry out a declared 11. SC can appoint all officials and
national policy [Sec.23 (2), Art.VI]. employees of the Judiciary (Nachura,
Reviewer in Political Law, p. 199-
200).
Article VIII:
JUDICIAL DEPARTMENT II. APPOINTMENT TO THE JUDICIARY:
I I. JUDICIAL POWER Qualifications

- duty of courts of justice to settle a. Chief Justice and Associate
actual controversies involving rights Justices of the Supreme Court:
which are legally demandable and 1. Natural-born citizen;
enforceable, and to determine whether 2. At least 40 years old;
or not there has been a grave abuse of 3. 15 years or more a judge of a
discretion amounting to lack or excess of lower court or engaged in
jurisdiction on the part of any branch or the practice of law in the
instrumentality of government (Sec. 1, Philippines;
par.2, Art. VIII). 4. a person of proven
competence, integrity,
Judicial power is vested in: probity and independence.
1. One Supreme Court; and
2. Such lower courts as may be b. Presiding Justice and Associate
established by law (Sec. 1, Art. Justices of the Court of
VIII). Appeals:
 Same qualifications as those
Jurisdiction - power to hear and provided for Justice of the
decide a case and execute decision Supreme Court;
thereof.
c. Regional Trial Court Judges:
Safeguards that guarantee 1. Citizen of the Philippines;
Independence of Judiciary: 2. At least 35 years old; and
1. SC is a Constitutional body; may not 3. Has been engaged for at
be abolished by law; least 5 years in the practice
2. Members are only removable by of law in the Philippines or
impeachment; has held public office in the
3. SC may not be deprived of minimum Philippines requiring
and appellate jurisdiction; appellate admission to the practice of
jurisdiction may not be increased law as an indispensable
without its advice or concurrence; requisite.
4. SC has administrative supervision 4. a person of proven
over all inferior courts and competence, integrity,
personnel; probity and independence.
5. SC has exclusive power to discipline
judges/justices of inferior courts;
d. Metropolitan, Municipal and  Ex-officio chairman
Municipal Circuit Trial Court - Supreme Court Chief Justice
Judges:  Ex-officio members
1. Citizen of the Philippines;
- Secretary of Justice
2. At least 30 years old;
- Representative of Congress
3. Has been engaged for al
least 5 years in the practice  Regular members
of law in the Philippines or - Representative of the IBP;
has held public office in the - Professor of Law;
Philippines requiring - Retired member of SC; and
admission to the practice of - Representative of private sector
law as an indispensable
requisite;  Secretary de officio
4. a person of proven - Clerk of the Supreme Court
competence, integrity,
probity and independence. Appointment
 Regular members shall be appointed
Procedure in Appointment: by the President for a 4 year term
1. Appointed by President from among with the consent of the Commission
a list of at least 3 nominees on Appointments.
prepared by Judicial and Bar Council
for every vacancy. Powers and Functions of Judicial and
2. For lower courts, President shall Bar Council:
issue the appointment 90 days from 1. Recommend appointees to the
submission of the list. judiciary;
2. Recommend appointees to the Office
Tenure of Justices and Judges of the Ombudsman and his 5
a. Supreme Court – hold office until deputies;
they reach 70 years of age or 3. May exercise such other functions as
become incapacitated to discharge may be assigned by Supreme Court.
their duties [Sec.11, Art.VIII]. (Sec. 8, Art. VIII)
 May be removed only through
impeachment. IV. SUPREME COURT
a. Lower Courts – hold office during Composition:

good behavior until they reach 70  Chief Justice and 14 Associate
years of age or become Justices
incapacitated to discharge their -may sit en banc or in its
duties [Sec. 11, Art. VIII]. discretion, in divisions of 3, 5, or 7
 By majority vote of members members.
who actually took part in the - Any vacancy shall be filled within
deliberation on the issues and 90 days from occurrence thereof
voted thereon, SC en banc shall
have the power to discipline Powers of the Supreme Court
judges of lower courts or order
their dismissal. 1. Original Jurisdiction
 No law shall be passed  Over cases affecting
reorganizing the Judiciary when ambassadors, other public
it undermines the security of ministers and consuls;
tenure of its members (Sec. 2,  Over petition for Certiorari,
Art. VIII). Prohibition, Mandamus, Quo
Warranto, and Habeas Corpus;
III. JUDICIAL AND BAR COUNCIL and
 Review of factual basis for the
Composition: declaration of martial law or
suspension of the privilege of
writ of habeas corpus. 5. Order change of venue or place of
trial, to avoid miscarriage of justice.
2. Appellate Jurisdiction
 Over final judgments and 6. Rule-making power – promulgates
orders of lower courts in rules concerning:
a. all cases in which the a. protection and enforcement of
constitutionality or constitutional rights;
validity of any treaty, b. pleading, practice and
international or executive procedures in all courts;
agreement, law, c. admissions to the practice of
presidential decree, law;
proclamation, order, d. Integrated Bar of the Philippines;
instruction, ordinance, or and
regulation is in question; e. legal assistance to the
b. All cases involving the underprivileged.
legality of any tax impost,
assessment, or toll, or any Limitations on rule making power:
penalty imposed in (i.) provide a simplified and
relation thereto; inexpensive procedure for
c. All cases in which the speedy disposition of cases;
jurisdiction of any lower (ii.) uniform for all courts in the
court is in issue; same grade;
d. All criminal cases in which (iii.) shall not diminish, increase or
the penalty imposed is modify substantive rights.
reclusion perpetua or
higher; 7. Power of appointment
e. All cases in which only a  appoints all officials and
question of law is employees of the Judiciary in
involved. [Section 5 (2), accordance with Civil Service
Art. VIII.] Law;
3. Electoral Tribunal for Presidential 8. Power of administrative supervision

and Vice-Presidential Contests
 administrative supervision over
 Sitting En Banc, over all contests
all courts and the personnel
relating to the election, returns
thereof.
and qualification of the
President or Vice-President (Sec.  mere division of the SC may
4(7) Article VII) discipline a judge of the lower
 The jurisdiction of the Supreme court; the SC is required to
Court, defined by Article VII, decide a case en banc only when
Section 4, paragraph 7, of the the dismissal of a judge is
1987 Constitution, would not involved.
include cases directly brought
before it, questioning the 9. Yearly report
qualifications of a candidate for  Within 30 days from the opening
the presidency or vice- of each regular session of
presidency before the elections Congress, SC shall submit to the
are held. (Tecson vs. Comelec, President and Congress an annual
G.R. No. 161434. March 3, 2004) report on the operation and
activities of the Judiciary.
4. Temporary assignments of judges of
lower courts to others stations as V. POWER OF JUDICIAL REVIEW
public interest may require. Not to
exceed 6 months without the Judicial Review – the power of the
consent of the judge concerned. courts to test the validity of executive
and legislative acts in light of their b. a law is violated or some
conformity with the Constitution. This is irregularity is committed, and
not an assertion of superiority by the that the petitioner is directly
courts over the other departments, but affected by the alleged ultra
merely an expression of the supremacy vires act (Anti-Graft League of
of the Constitution (Angara v. Electoral the Philippines v. Court of
Commission, 63 Phil. 139) Appeals, 260 SCRA 250)
3. Constitutional question must be
raised at the earliest opportunity
 General Rule: must be raised in
Doctrine of Judicial Supremacy the pleadings
1. Although holding neither purse
nor sword and so regarded as the  Exceptions:
weakest of the three a. criminal cases – at any time
departments of the government, at the discretion of the
the judiciary is nonetheless court;
vested with the power to annul b. civil cases – at any stage of
the acts of either the legislative the proceedings if necessary
or the executive or of both when for the determination of the
not conformable to the case itself;
fundamental law. (Association of c. every case (except where
Small Landowners of the there is estoppel ) – at any
Philippines v. Secretary of stage if it involves the
Agrarian Reform, 175 SCRA 343). jurisdiction of the court
2. When the judiciary allocates 4. Determination of constitutionality of
constitutional boundaries, it the statute must be necessary to a
neither asserts superiority nor final determination of the case.
nullifies an act of the (People vs. Vera, 65 Phil. 56).
Legislature. It only asserts the  Therefore, the following must be
solemn and sacred obligation avoided:
assigned to it by the Constitution  political questions;
to determine conflicting claims  advisory opinions
of authority under the  moot and academic issues;
Constitution and to establish for  no standing.
the parties in an actual
controversy the rights which that
Seven Rules of Avoidance of
instrument secures and
Constitutional Questions (Brandeis, J.)
guarantees to them. (Laurel,
1. Friendly, non-adversary proceedings
Angara v. Electoral Commission,
(no vital conflict);
63 Phil 139)
2. Anticipation of a question of
constitutional law in advance of the
Requisites of Judicial Review:
necessity of deciding it (premature
1. Actual case or controversy – a
case);
conflict of legal rights, an assertion
3. Formulation of a rule broader than is
of opposite legal claims susceptible
required by the precise facts to
of judicial determination;
which it is applied;
2. Constitutional question must be
4. Existence of other grounds upon
raised by the proper party – one who
which the case may be disposed of.
has sustained or is in imminent
(not the very lis mota);
danger of sustaining an injury as a
5. Complaint made by one who fails to
result of the act complained of;
show injury as to its operations (no
 For a taxpayer’s suit, 2 standing);
requisites: 6. Instance of one who has availed
a. public funds are disbursed by a himself of its benefit;
political subdivision or
instrumentality; and
7. Possibility of a construction of
statute that can avoid the resolution JUSTICIABLE POLITICAL
of the constitutional question. QUESTION QUESTION
Policy of Strict Necessity (Rescue Army  A definite and Two aspects:

Case) – the court must refrain from concrete dispute  Those questions
exercising judicial review unless all the touching on the which, under the
requisites for its exercise are fulfilled legal relations of Constitution, are to
because: parties having be decided by the
adverse legal people in their
interests which sovereign capacity;
1. the danger of exercising the may be resolved by or
function, in view of possible a court of law  in regard to which
consequences for others through the full discretionary
stemming also from application of a authority has been
constitutional roots; law. (Cutaran v. delegated to the
2. comparative finality of those DENR, G.R. No. legislature or
consequences; 134958, January executive branches
3. consideration due to the 31, 2001). of government.
judgment of the other (Tañada v. Cuenco,
100 Phil 1101)
repositories of constitutional
power concerning the scope of
Functions of Judicial Review
their authorities;
1. checking – invalidating a law or
4. necessity for each to keep within
executive act that is found to be
its own power;
contrary to the Constitution;
5. inherent limitations of the
2. legitimating – upholding the validity
judicial process – its largely
of the law that results from a mere
negative character, and its
dismissal of a case challenging the
limited resources for
validity of the law;
enforcement;
6. withal in paramount importance
rule on double negative – uses the
of constitutional adjudication.
term “not unconstitutional”; the
court cannot declare a law
Judicial Power includes:
constitutional because it already
1. duty of courts to settle actual
enjoys a presumption of
controversies involving rights which
constitutionality.
are legally demandable and
enforceable; and
3. symbolic – to educate the bench and
2. to determine whether or not there
bar as to the controlling principles
has been a grave abuse of discretion
and concepts on matters of grave
amounting to lack or excess of
public importance for the guidance
jurisdiction on part of any branch or
of and restraint upon the future.
instrumentality of government [Sec.
(Salonga v. Cruz Paño, 134 SCRA 438)
1, Art. VIII].
All courts can exercise Judicial Review
Grave Abuse of Discretion Amounting to
Lack of Jurisdiction – capricious and  The Constitution contemplates that
whimsical exercise of judgment. The the inferior courts should have
abuse of discretion must be patent and jurisdiction in cases involving
gross as to amount to an evasion of constitutionality of any treaty or law
positive duty or a virtual refusal to for Sec. 5 (2), Art. VIII speaks of
perform a duty enjoined by law, or to act appellate review of final judgments
at all in contemplation of law, as where of inferior courts in cases where such
the power is exercised in an arbitrary constitutionality happens to be in
and despotic manner by reason of issue. (J.M. Tuason and Co. v. Court
passion or hostility (Intestate Estate of of Appeals, 3 SCRA 696).
Carmen de Luna v. IAC, 170 SCRA 246).
 The Constitution vests the power of 1. void – if on its face it does not enjoy
judicial review not only in the any presumption of validity because
Supreme Court but also in the RTC. it is patently offensive to the
However, in all actions assailing the Constitution. It produces not effect,
validity of a statute, treaty, creates no office and imposes no
presidential decree, order or duty. (Igot v. Comelec, 95 SCRA 392)
proclamation – and not just in 2. voidable – if on its face it enjoys the
actions involving declaratory relief presumption of constitutionality. The
and similar remedies, notice to the laws becomes inoperative only upon
Solicitor General is mandatory, as the judicial declaration of its
required in Sec. 3, Rule 64 of the invalidity; the declaration produces
Rules of Court. The purpose of this no retroactive effect. (Serrano de
mandatory notice is to enable the Agbayani v. PNB, 38 SCRA 429)
Solicitor General to decide whether
or not his intervention in the action  Art. 7, NCC is the orthodox view on
is necessary (Mirasol v. Court of the matter.
Appeals, G.R. No. 128448, February
1, 2001) Requisites before a Law can be
Declared Partially Unconstitutional:
Period for Decision (Sec. 15, Art. VIII) 1) the legislature must be
 All cases filed after the effectivity of willing to retain valid portion
the Constitution must be decided or (separability clause); and
resolved, from the date of 2) the valid portion can stand
submission, within: independently as law.
a. SC – 24 months
b. Lower Collegiate Courts - 12
months, unless period is reduced Article IX :
by SC; CONSTITUTIONAL COMMISSIONS
c. All other lower courts – 3 months
unless period is reduced by SC Independent Constitutional
Commissions:
In case of delay:
 A certification to be signed by 1. Civil Service Commission (CSC)
the Chief Justice or Presiding 2. Commission on Elections (COMELEC)
Justice shall be issued stating 3. Commission on Audit (COA)
the reason for the delay.
Prohibitions and Inhibitions
 Court, without prejudice to such
No member of a Constitutional
responsibilities as may have been
Commission shall, during his tenure:
incurred in consequence thereof
1. hold any other office or
shall decide or resolve the case
employment;
or matter submitted to it
2. engage in the practice of any
without further delay, despite
profession
expiration of mandatory period.
3. engage in the active management
 Court does not lose jurisdiction and control of any business which in
over the case, despite the lapse any way may be affected by the
of the mandatory period. functions of his office
 Erring judge or justice may be 4. be financially interested, directly or
subjected to administrative indirectly, in any contract with, or in
sanctions for the delay. any franchise or privilege granted by
the Government, any of its
Effect of Declaration of subdivisions, agencies or
Unconstitutionality instrumentalities, including
government-owned and controlled
The law is either : corporations or their subsidiaries.
Safeguards that guarantee  1 chairman;
Independence of Commissions:  2 commissioners
1. they are constitutionally
created; may not be abolished by Qualifications:
statute; 1. natural-born citizen;
2. each is expressly described as 2. at least 35 years old at the time
“independent;” of appointment;
3. each is conferred certain powers and 3. with proven capacity for public
functions which cannot be reduced administration; and
by statute; 4. not a candidate in any election
4. the Chairmen and members cannot be immediately preceding the
removed except by impeachment; appointment.
5. the Chairmen and members are given
fairly a long term of office of 7 Term:
years;  7 years without reappointment.
6. the Chairmen and members may not
be reappointed or appointed in an Scope of the Civil Service: embraces
acting capacity (Brillantes v. Yorac, all branches, subdivisions,
192 SCRA 358); instrumentalities and agencies of the
7. the salaries of the Chairmen and Government, including government-
members are relatively high and may owned and controlled corporations with
not be decreased during continuance original charters [Sec. 2(1), Art. IX-B]
in office;
8. the Commissions enjoy fiscal Classes of Service:
autonomy; a. Career service – characterized
9. each Commission may promulgate its by:
own procedural rules, provided they 1. entrance based on merit and
do not diminish, increase or modify fitness to be determined by
substantive rights [though subject to competitive examination or
disapproval by the SC]; based on highly technical
10. the Chairmen and members are qualifications.
subject to certain disqualifications 2. Opportunity for
calculated to strengthen their advancement;
integrity; 3. Security of tenure
11. the Commissions may appoint their
own officials and employees in Kinds:
accordance with Civil Service Law 1) open career positions – prior
(Nachura, Reviewer in Political Law, qualification via
p.209) examination;
2) closed career positions –
Certiorari Jurisdiction of the Supreme e.g., scientific or highly
Court technical;
- Limited to decisions rendered in 3) career executive service –
actions or proceedings taken cognizance e.g., Undersecretaries,
of the Commissions in the exercise of the Bureau Directors;
adjudicatory or quasi-judicial functions. 4) career officers – appointed
It does not refer to purely executive by President, e.g., foreign
powers. Hence, questions arising from service;
the award of a contract for construction 5) positions in AFP, governed by
of voting booths can be brought before separate merit system;
the trial court (Ambil vs. Comelec, G.R. 6) personnel of GOCC’s with
No. 143398, October 5. 2000) original charter;
7) permanent laborers, whether
I. CIVIL SERVICE COMMISSION skilled, semi-skilled or
unskilled.
Composition:
b. Non-career Service –  1 chairman;
characterized by :  6 commissioners
1. entrance on bases other than Qualifications:

those of usual tests utilized 1. natural-born citizen;
for career service. 2. at least 35 years old at the time
2. Tenure limited to period. of appointment;
3. college degree holder ;
4. not candidate in election
Kinds: immediately preceding the
1) elective officials and their appointment; and
personal and confidential 5. majority, including the chairman,
staff; must be members of the
2) department heads and Philippine Bar who have been
officials of cabinet rank, and engaged in the practice of law
their personal and for at least 10 years
confidential staff;
3) chairmen and members of Term:
commissions and boards with  7 years without reappointment.
fixed terms of office and If however, the appointment was ad
their personal and interim, a subsequent renewal of
confidential staff; the appointment does not violate the
4) contractual personnel or prohibition on reappointments
those whose employment in because no previous appointment
government is in accordance was confirmed by the Commission on
with special contract for Appointments. Furthermore, the
specific work; and total term of both appointments
5) emergency and seasonal must not exceed the 7 year limit
personnel. (Matibag vs. Benapayo G.R. No.
149036, April2, 2002)
Exceptions to requirement of
competitive examinations (to Powers and Functions of COMELEC:
determine merit and fitness): 1. enforce and administer law and
regulations relative to conduct of
Policy Determining – lays down principal elections, plebiscite, initiative,
or fundamental guidelines or rules. referendum or recall;
Formulates method of action. 2. exclusive original jurisdiction over
all contests relating to election,
Primarily Confidential – primarily close returns and qualifications of all
intimacy which insures freedom of elective regional, provincial, and
intercourse without embarrassment of city officials.
freedom from misgivings or betrayals 3. Exclusive appellate jurisdiction over
on confidential matters of state; all contests involving elective
 Or one declared to be so by municipal officials decided by RTC,
President upon recommendations or involving elective barangay
of CSC (Salazar v. Mathay, 73 officials by MTC;
SCRA 275). 4. Decide, except those involving right
to vote, all questions affecting
Highly Technical – requires possession of elections, including the
technical skill or training in supreme or determination of number and
superior degree. (de los Santos v. location of polling places,
Mallare, 87 Phil 289) appointment of election officials and
inspectors and registration of voters;
II. COMMISSION ON ELECTION 5. Deputize, with concurrence of
President, law enforcement agencies
Composition: and instrumentalities for exclusive
purpose of insuring free, orderly, Composition:
honest, peaceful and credible  1 chairman;
elections;  2 commissioners.
6. Register, after sufficient publication,
political parties, organizations or Qualifications:
coalitions which must present their 1. natural-born citizen;
platform or program of government; 2. at least 35 years old at the time
accredit citizen’s arms; of appointment;
7. File upon verified complaint or motu 3. CPA’s with at least 10 years
propio petitions in court for auditing experience or members
inclusion or exclusion of voters; of the Bar with at least 10 years
investigate and, where appropriate , practice of law; at no time shall
prosecute cases of violations of all members belong to the same
elections laws; profession;
8. Recommend to Congress effective 4. Not a candidate in election
measures to minimize election immediately preceding
spending, limitation of places and appointment.
prevent and penalize all forms of
election frauds, offenses, Term:
malpractice and nuisance  7 years without reappointment.
candidates; and
9. Submit to President and Congress, Powers and Duties of COA:
comprehensive reports on conduct of
each election, plebiscite, initiative, 1. examine, audit and settle all
referendum or recall. accounts pertaining to revenue and
receipts of, and expenditures or uses
 The COMELEC's exercise of its of funds and property owned or held
quasi-judicial powers is subject in trust or pertaining to government;
to Section 3 of Article IX-C which 2. keep general accounts of
expressly requires that 1) all government and preserve vouchers
election cases, including pre- and supporting papers;
proclamation controversies, shall 3. authority to define scope of its audit
be decided by the COMELEC in and examination, establish
division, and 2) the motion for techniques and methods required
reconsideration shall be decided therefor; and
by the COMELEC en banc. 4. promulgate accounting and auditing
 The prosecution of election law rules and regulations, including
violators involves the exercise of those for prevention and
the COMELEC's administrative disallowance.
powers. Thus, the COMELEC en
banc can directly approve the Jurisdiction of the Commission: no law
recommendation of its Law shall be passed exempting any entity of
Department to file the criminal the Government, or any investment of
information for double public funds, from the jurisdiction of the
registration against petitioners in Commission on Audit (Sec. 3, Art. IX-D)
the instant case. There is no
constitutional requirement that
the filing of the criminal Article XI:
information be first decided by ACCOUNTABILITY OF
any of the divisions of the PUBLIC OFFICERS
COMELEC. (Baytan vs. Comelec,
G.R. No. 153945, February 4, I. IMPEACHABLE OFFICERS:
2003) 1. President;
2. Vice-President;
III. COMMISSION ON AUDIT 3. Justices of the Supreme Court;
4. Chairmen and Members of the 2. When the President of the
Constitutional Commissions; Philippines is on trial the Chief
5. Ombudsman. Justice of the Supreme court shall
preside but shall not vote.
II. IMPEACHMENT PROCESS 3. A decision of conviction must be
concurred in by at least two thirds of
Grounds for Impeachment: all the members of the Senate.
1. Culpable violation of the
Constitution;
2. Treason;
3. Bribery; Effect of Conviction:
4. Graft and Corruption; 1. Removal from Office;
5. Other high crimes; and 2. Disqualification to hold any other
6. Betrayal of public trust. office under the Republic of the
Philippines;
Initiation of Impeachment Case 3. Party convicted shall be liable and
 The House of Representatives shall subject to prosecution, trial and
have the exclusive power to initiate punishment according to law.
all cases of impeachment
Limitations:
Process of Impeachment 1. The House of Representatives shall
1. Verified Complaint filed by any have the exclusive power to initiate
member of the house or any citizen all cases of impeachment.
upon resolution of endorsement by 2. Not more than one impeachment
any member thereof proceeding shall be initiated against
2. Included in the order of business the same official within a period of
within 10 session days. one year
3. Referred to the proper committee
within 3 session days of its inclusion. - An impeachment case is the legal
 If the verified complaint is filed controversy that must be decided by
the Senate while an impeachment
by at least one third of all its
proceeding is one that is initiated in
members, the same shall
the House of Representatives. For
constitute the Articles of
purposes of applying the-one year
Impeachment, and trial by the
bar rule, the proceeding is
Senate shall forthwith proceed.
“initiated” or begins when a
4. The Committee, after hearing, and
verified complaint is filed and
by majority vote of all its members,
referred to the Committee on
shall submit its report to the House
Justice for action (Francisco, et al.
together with the corresponding
vs. House of Representatives, et al.
resolution.
G.R. No. 160261, November 10,
5. Placing on calendar the Committee
2003).
resolution within 10 days from
submission;
III. SANDIGANBAYAN
6. Discussion on the floor of the report;
7. A vote of at least one third of all the  the anti-graft court shall
members of the House shall be continue to function and
necessary either to affirm a exercise its jurisdiction as now
favorable resolution with the Articles and hereafter may be provided
of Impeachment of the Committee or by law.
override its contrary resolution.
Composition:
Trial and Decision in Impeachment  1 Presiding Justice and 14 Associate
proceedings Justices with the rank of Justice of
1. The Senators take an oath or the CA.
affirmation.
 Sits in 5 divisions of 3 members senior superintendent or
each. higher;
(f.) City/provincial
Decision and Review prosecutors and their
 unanimous vote of all 3 members assistants, and officials
and prosecutors in the
shall be required for the
Office of the
pronouncement of judgment by a
Ombudsman and special
division. Decision shall be reviewable
prosecutor; and
by the SC on petition for certiorari.
(g.) Presidents, directors,
trustees, or managers
of GOCC’s state
Jurisdiction of the Sandiganbayan:
universities or
educational institutions
1. Original Jurisdiction
or foundations;
(ii.) Members of Congress and
a. violations of R.A. 3019 (AGCPA)
officials thereof with G27
as amended; R.A. 1379; and
and up;
Chapter II, Sec.2, Title VII, Book
(iii.) Members of the Judiciary
II of the Revised Penal Code
without prejudice to the
where one or more of the
Constitution;
accused are officials occupying
(iv.) Chairmen and members of
the following positions in the
the Constitutional
government, whether in a
Commissions without
permanent, acting or interim
prejudice to the
capacity at the time of the
Constitution; and
commission of the offense:
(v.) All other national and local
(i.) Officials of the Executive
officials with G27 or higher;
branch with the position of
regional director or higher,
b. Other offenses or felonies
or with Salary Grade Level
whether simple or complexed
27 (G27) according to R.A.
with other crimes committed by
6758, specifically including:
the public officials and
(a.) Provincial governors,
employees mentioned in
vice-governors; Board
Subsection a in relation to their
members, provincial
office;
treasurers, assessors,
engineers and other
c. Civil and criminal cases filed
provincial department
pursuant to and in connection
heads;
with E.O. nos. 1, 2, 14 and 14-A
(b.) City mayors, vice-
issued in 1986.
mayors, city councilors;
city treasurers,
2. Exclusive Original Jurisdiction over
assessors, engineers and
petitions for the issuance of the
other city department
writs of mandamus, prohibitions,
heads;
certiorari, habeas corpus, injunction
(c.) Officials of the
and other ancillary writs and
diplomatic service from
processes in aid of its appellate
consuls or higher;
jurisdiction, Provided, that
(d.) PA/PAF colonels; PN
jurisdiction over these petitions shall
captains and all officers
be not exclusive of the Supreme
of higher rank;
Court; and
(e.) Officers of the PNP while
3. Exclusive Appellate Jurisdiction over
occupying the position of
final judgments, resolutions or
provincial director and
orders of regional trial courts
those holding the rank of
whether in the exercise of their own
original jurisdiction or of their succeeding their cessation from
appellate jurisdiction. (RA 8249) office.
V. THE OMBUDSMAN Powers, Functions and Duties:

a. Investigate any act or omission of
 The “champion of the citizens” any public official, employee, office
and “protector of the people” or agency, when such act or omission
 Tasked to entertain complaints appears to be illegal, unjust,
addressed to him against erring improper, or inefficient;
public officers and take all b. Direct any public official or
necessary actions thereon. employee of the Government, or any
subdivision, agency or
Composition: instrumentality thereof, as well as
 An Ombudsman to be known any GOCC with original charter, to
as Tanodbayan perform or expedite any act or duty
required by law, or to stop, prevent,
 1 overall Deputy; and
and correct any abuse or impropriety
 at least 1 Deputy each for
in the performance of duties.
Luzon, Vizayas and c. Direct the officer concerned to take
Mindanao; appropriate action against a public
 A separate Deputy for the official or employee at fault, and
military establishment may recommend his removal, suspension,
likewise be appointed. demotion, fine, censure, or
prosecution, and ensure compliance
Qualifications of the Ombudsman and therewith.
his deputies: d. Direct the officer concerned, in any
1. natural born citizen; appropriate case, and subject to
2. at least 40 years old; such limitation as may be provided
3. of recognized probity and by law, to furnish it with copies of
independence; documents relating to contracts or
4. member of the Philippine Bar; transactions entered into by his
and office involving the disbursement or
5. must not have been candidates use of public funds or properties,
for any elective office in the and report any irregularity to the
immediately preceding election. COA for appropriate action.
e. Request any government agency for
Term of Office: assistance and information necessary
 7 years without reappointment. in the discharge of its responsibilities
and examine, if necessary, pertinent
Disqualifications and Inhibitions: records and documents.
During their tenure: f. Publicize matters covered by its
1. shall not hold any other office or investigation when circumstances so
employment; warrant and with due process.
2. shall not engage in the practice of g. Determine the causes if inefficiency,
any profession or in the active red tape, mismanagement, fraud and
management or control of any corruption and to make
business which in any way may be recommendations for their
affected by the functions of his elimination and observance of high
office; standards of ethics and efficiency.
3. shall not be financially interested, h. Promulgate its rules of procedure
directly or indirectly, in any contract and exercise such other powers or
with, or in any franchise or privilege perform such function or duties as
granted by the government, or any may be provided by law. (Sec. 13,
of its subdivisions, etc.; Art. XI)
4. shall not be qualified to run for any i. The Office of the Ombudsman shall
office in the election immediately enjoy fiscal autonomy. Its approved
annual appropriations shall be Committee on Behest Loans v. Disierto,
automatically and regularly released. GR No.130140, October 25, 1999)
(Sec. 14, Art XI)
- The Constitution and RA 6770 (The Article XII :

Ombudsman Act of 1989) has NATIONAL ECONOMY AND PATRIMONY
endowed the Office of the
Ombudsman with a wide latitude of I. GOALS OF THE NATIONAL ECONOMY
investigatory and prosecutory power (SEC.1, ART. XII)
virtually free from legislative, 1. more equitable distribution of
executive or judicial intervention. wealth;
The Supreme Court consistently 2. increased wealth for the benefit of
refrains from interfering with the the people; and
exercise of its powers, and respects 3. increased productivity.
the initiative and independence II. REGALIAN DOCTRINE
inherent in the Ombudsman who, (JURA REGALIA)
beholden to no one, acts as the - universal feudal theory that all
champion of the people and the lands were held from the Crown
preserver of the integrity of public (Holmes, Cariño v. Insular Government,
service. (Loquias v. Office of the 212 US 449).
Ombudsman, GR No. 139396, August Exception: any land in the
15, 2000) possession of an occupant and of his
predecessors-in-interest since time
- The Ombudsman is clothed with immemorial. (Oh Cho v. Director of
authority to conduct preliminary Land, 75 Phil 890);
investigation and prosecute all
criminal cases involving public  The 1987 Constitution reaffirmed
officers and employees, not only the Regalian doctrine in Sec. 2,
those within the jurisdiction of the Art. XII. (Cruz v. Secretary of
Sandiganbayan but those within the DENR, G.R. No. 135385,
jurisdiction of the regular courts as December 6, 2000).
well. (Uy v. Sandiganbayan, GR No.
105965-70, March 20, 2001).  All lands of the public domain,
waters, minerals, coal,
- The power to investigate also petroleum and other mineral
includes the power to impose oils, all forces of potential
preventive suspension. This is energy, fisheries, forests, or
different from the power to timber, wildlife, flora and fauna,
recommend suspension. The latter is and natural resources belong to
a suspension as a penalty; preventive the state. With the exception of
suspension is not a penalty (Bernas, agricultural lands, all other
The 1987 Constitution A Reviewer- natural resources shall not be
Primer, 2002. Ed., Citing, Buenesada alienated. (Sec. 2, Art. XII).
vs. Flavier , 226 SCRA 645)
Classification of Lands of the Public
V. ILL-GOTTEN WEALTH Domain (Sec. 3, Art. XII)
1. agricultural
- the right of the State to recover 2. forest timber;
properties unlawfully acquired by public 3. mineral lands; and
officials or employee, from them or from 4. national parks.
their nominees or transferees, shall not
be barred by prescription, laches or Requirement of Reclassification or
estoppel (Sec. 15, Art. XI) but it applies Conversion: positive act of government;
only to civil actions and not to criminal mere issuance of title not enough
cases. (Presidential Ad Hoc Fact-Finding (Sunbeam Convenience Food v. Court of
Appeals, 181 SCRA 443).
Filipino citizens or entities with 60%
III. FILIPINIZED ACTIVITIES REGARDING FC;
THE NATIONAL ECONOMY AND  such franchise, etc., shall not be
PATRIMONY: exclusive, nor for period longer
1. co-production, joint venture or than 50 years and subject to
production sharing agreement for amendment, alteration or repeal
exploration, development and by Congress; all executive and
utilization (EDU) of natural managing officers must be
resources: Filipino citizens or Filipino citizens.
entities (read: corporations or
associations) with 60% Filipino
capitalization;
Exception: For large-scale EDU of IV. PRIVATE LANDS
minerals, petroleum and other
mineral oils, the President may enter General Rule: no private land shall be
into agreements with foreign-owned transferred or conveyed except to
corporations involving technical or individual, corporations or associations
financial assistance. qualified to acquire or hold lands of the
- These agreements refer to public domain.
service contracts which involve
foreign management and Exceptions:
operation provided that the 1. foreigners who inherit through
Government shall retain that intestate succession;
degree of control sufficient to 2. former natural-born Filipino citizen
direct and regulate the affairs of may be a transferee of private lands
individual enterprises and subject to limitations provided by
restrain undesired activities (La law.
Bugal-B’laan Tribal Assoc., et al. 3. ownership in condominium units.
vs. Secretary, DENR, et al., G.R. 4. Parity right agreement, under the
No. 127882, December 1, 2004) 1935 Constitution
2. use and enjoyment of nation’s Stewardship Doctrine – Private property

marine wealth within territory: is supposed to be held by the individual
Exclusively for Filipino citizens; only as a trustee for the people in
3. Alienable lands of the public general, who are its real owners.
domain: Only Filipino citizens may
acquire not more than 12 hectares VI. TEMPORARY TAKE OVER OF
by purchase, homestead or grant, or BUSINESS AFFECTED WITH PUBLIC
lease not more than 500 hectares. INTEREST
Private corporations may lease not
more than 1,000 hectares for 25 They State may:
years renewable for another 25 1. In times of national emergency,
years; 2. when the public interest so requires,
4. Certain areas of investment: 3. during the emergency and under
reserved for Filipino citizens or reasonable terms prescribed by it,
entities with 60 % FC, although and
Congress may provide for higher 4. temporarily take over or direct the
percentage; operation of any privately owned
5. grant of rights, privileges and public utility or business affected
concessions covering national with public interest. (Sec. 17, Art.
economy and patrimony, State shall XII)
give preference to qualified  The temporary takeover by the
Filipinos; and government extends only to the
6. Franchise, certificate or any other operation of the business and not to
form of authorization for the the ownership thereof. As such the
operation of a public utility: only to government is not required to
compensate the private entity- 5. peaceful concerted activities
owner of the said business as there including the right to strike in
is no transfer of ownership, accordance with law;
whether permanent or temporary. 6. right to security of tenure;
The private entity-owner affected by 7. right to human conditions of work;
the temporary takeover cannot, 8. right to participate in policy and
decision-making affecting their
rights and benefIts.
likewise, claim just compensation for the Article XIV : EDUCATION

use of the said business and its
properties as the temporary takeover by Principal Characteristic of Education
the government is in exercise of its which State must Promote and Protect:
police power and not of its power of 1. quality education;
eminent domain. (Agan vs. PIATCO, G.R. 2. affordable education [Sec.1,
No. 155001, May 5, 2003) Art.XIV];
3. education that is relevant to the
needs of the people [Sec.2(1),
Art.XIV].
Article XIII : SOCIAL JUSTICE AND
HUMAN RIGHTS Nationalized Educational Activities:
1. ownership, except those established
Social Justice as Envisioned by the by religious groups and mission
Constitution boards;
 equitable diffusion of wealth and 2. control and administration; and
political power for common good; 3. student population [Sec.4(2),
 regulation of acquisition, ownership, Art.XIV].
use and disposition of property and
its increments; and Aspects of Academic Freedom:
 creation of economic opportunities
based on freedom of initiative and 1. to the institution – to provide that
self-reliance (Sec. 1 and 2, Art. XIII). atmosphere which is most conducive
to speculation, experimentation and
Distributive Justice – the attainment of creation;
a more equitable distribution of land
which recognizes the right of farmers Freedom to determine for itself on
and regular farm workers who are academic grounds:
landless to own the land they till, and a a. who may teach;
just share of other or seasonal farm b. what may be taught;
workers in the fruits of the land; c. how shall it be taught; and
- based on the Aristotelian notion of d. who may be admitted to study
giving each one what is due him on (Miriam College Foundation v.
the basis of personal worth and CA, GR No. 127930, December
value, and not merely what he has 15, 2000);
contracted for.
- As part of its constitutionally
Rights of Labor Guaranteed enshrined academic freedom, the
by the Constitution (Sec. 3, Art. XIII) University of the Philippines has the
1. full protection to labor; prerogative to determine who may
2. promotion of full employment and teach its students. The Civil Service
equality of employment opportunity Commission has no authority to force
to all; it to dismiss a member of its faculty
3. guarantee of right of workers to self- even in the guise of enforcing Civil
organization; Service Rules.(UP v. Civil Service
4. collective bargaining and Commission, GR No.132860, April 3,
negotiations; 2001)
with COA before suit may be
2. to the faculty - filed in court;
a. freedom in research and in the (ii.) Art. 2180, NCC: tort
publication of the results, committed by special agent;
subject to the adequate (iii.) Art. 2189, NCC: LGUs liable
performance of his other for injuries or death caused
academic duties; by defective condition of
b. freedom in the classroom in roads xxx or public works
discussing his subject, less under their control (City of
controversial matters which bear Manila vs Teotico, 22 SCRA
no relation to the subject; 267)
c. freedom from institutional (iv.) Sec. 22 (2) of RA 7160 (LGC
censorship or discipline, limited of 1991): LGU’s have power
by his special position in the to sue and be sued;
community. (v.) Sec. 24 of LGC, LGU’s and
3. to the student - right to enjoy in their officials are not
school the guarantee of the Bill of exempt from liability for
rights (Non v. Dames, 185 SCRA 523). death or injury or damage to
property.
b. special law (Merritt v.
Article XVI : Government of the Philippine
STATE IMMUNITY FROM SUIT Islands, 34 Phil., 311).
Basis: The state may not be sued without 2. implied consent

its consent. (Sec. 3, Art. XVI). a. when State commences litigation
becomes vulnerable to
Test to determine if suit is against counterclaim; (Froilan v. Pan
State: Oriental Shipping, GR No. L-6060
 If the enforcement of the Sept. 30, 1950)
decision rendered against the b. State enters into a business
public officer or agency contract
impleaded will require an Jure Gestonis - by right of
affirmative act from State, economic or business
then, it is a suit against the relations, may be sued (US v.
State (Nachura, Reviewer in Guinto, 182 SCRA 644);
Political Law, p. 20). Jure Imperii - by right of
sovereign power, in the
 A suit is against the state, exercise of sovereign
regardless of who is named as functions. No implied
defendant, if it produces adverse consent (US v. Ruiz, 136
consequences on the public SCRA 487).
treasury, whether in the c When it would be inequitable
disbursement of funds or loss of for the state to claim immunity
property, the public official (Amigable v. Cuenca, 43 SCRA
proceeded against not being 360)
liable in his personal capacity.
(Begosa v. Chairman, Phil. Scope of Consent: Consent to be sued
Veterans Adm. 32 SCRA 466) does not include consent to the
execution of judgment against it. Such
Forms of Consent: execution will require another waiver,
1. Express consent because the power of the court ends
a. general law – when the judgment is rendered, since
(i.) Act No. 3083 and CA 327 as government funds and properties may
amended by Secs. 49-50, PD not be seized under writs of execution or
1445: money claims arising garnishment, unless such disbursement is
from contracts first filed covered by the corresponding
appropriation as required by law depositories cannot be subject to
(Republic v. Villasor, 54 SCRA 84). garnishment.
1. Under Act No. 3083
 Ordinary rule for execution will Exceptions: where law or ordinance has
not apply after money judgment already been acted appropriating a
against the government, for the specific amount to pay a valid
consent to be sued is only up to governmental obligation. (Municipality
the point of judgment of San Miguel, Bulacan v. Fernandez,
2. Under a charter G.R. No. L-61744. June 25, 1984); funds
belonging to government corporations
 May be enforced by a writ of which can sue and be sued that are
execution because consent is deposited with a bank (PNB v. Pabalan,
until the satisfaction of the 83 SCRA 595).
money judgment.
Rules Regarding Payment of Interests
Rules Regarding Government Agencies: by Government in Money Judgments
1. Incorporated (GOCC) – Against It:
if it’s charter provides that it has the
right to sue and be sued, it is an General Rule: Government cannot be
express consent and it is suable. made to pay interests;
(SSS v. CA, 120 SCRA 707);
if it’s charter is silent, inquire into Exceptions:
it’s function based on the purpose 1. eminent domain;
for which it was created.(Malong 2. erroneous collection of taxes; or
v. PNR, 138 SCRA 63) 3. where government agrees to pay
(i.) propriety – if the purpose is to interest pursuant to law.
obtain special corporate
benefits or earn pecuniary
profit, suable; Article XVII: PROCEDURE IN AMENDING
(ii.) governmental – if it is in the THE CONSTITUTION
interest of health, safety and
for the advancement of public Steps in Amendatory Process:
good and welfare, affecting
the public in general, not 1. Proposal
suable (Balquera v. Alcala,
295 SCRA 366). i. Congress acting as Constituent
Assembly
2. Unincorporated -
a. performs governmental (i.) Direct proposal – vote of ¾
functions: not suable without of all its members
State consent even if performing
proprietary function incidentally (ii.) by calling a Constitutional
(Bureau of Printing v. Bureau of Convention – called either
Printing Employees Association, by:
1 SCRA 340).
b. performs proprietary functions: (iia.) 2/3 vote of all the
suable (Civil Aeronautics members of the
Administration v. CA, 167 SCRA Congress; or
28).
(iib.) a majority vote of all
Rules Regarding Garnishment or Levy the members of
of Government Funds in Government Congress, with the
Depository: question of whether or
not to call a
General Rule: government funds constitutional
deposited with PNB or authorized convention to be
resolved by the people suggest an initiative on the
in a plebiscite (Sec. 3, Amendments to the
Art. XVII) Constitution;
 Sec. 5 of the Act does not
 If Congress, acting as a provide for the contents of
Constituent Assembly, omits the provision for initiative on
to provide for the the Constitution;
implementing details,
Congress, acting as a
Legislative Assembly this  That the Act does not
time, can enact the provide a sub-title for
necessary implementing initiative on the Constitution
legislation to fill in the gaps. simply means that the main
(Imbong v. Ferrer, G.R. No. thrust of the Act is initiative
L-32432. September 11, and referendum on National
1970). and Local Laws. (Defensor-
Santiago v. Comelec, GR No.
b. by the people through Initiative – 127325, March 17, 1997).
by a petition of at least 12% of
the total number of registered PROPOSAL CON- PROPOSAL
voters, of which every legislative BY CON BY
district must be represented by CONGRESS PEOPLE
at least 3% of the registered
voters therein. For both For both For
Amendments amendments amendments
 Initiative – the power of the and and only!
people to propose Revisions Revisions
amendments to the
Constitution or to propose
and enact legislation through
an election called for the AMENDMENT REVISION
purpose; Indirect Initiative –
the exercise of initiative by Alteration of one or Reexamination of the
the people through a a few specific and entire Constitution or
proposition sent to Congress isolated provisions an important cluster
or the local legislative body of the Constitution of provisions in the
for action (Sec 2, RA6735). Constitution
 no amendment in this manner

2. Ratification
shall be authorized within 5
years following the ratification - Proposed amendment(s) shall be
of this Constitution (February 2, submitted to the people and shall be
1987) nor more often than once deemed ratified by majority of the votes
every 5 years. cast in a plebiscite, held not earlier than
60 days nor later than 90 days:
 RA 6735 (System of Initiative and
Referendum) does not authorize a. after approval of the proposal by
a system of initiative to amend Congress or ConCon, or;
the Constitution. The law was
deemed sufficient to cover only b. after certification by the
the systems of initiative on COMELEC of sufficiency of
national and local legislation petition of the people.
because:
 Sec. 2 on the Statement of Doctrine of Proper Submission –
Policies of the Act does not plebiscite may be held on the same day
as regular election.(Gonzales v.
Comelec, 21 SCRA 774) provided the
people are sufficiently informed of the
amendments to be voted upon, to
conscientiously deliberate thereon, to
express their will in a genuine manner.
 Submission of piece-meal
amendments is unconstitutional. All
the amendments must be submitted
for ratification at one plebiscite
only. The people have to be given a
proper frame of reference in arriving
at their decision. They have no idea
yet of what the rest of the amended
constitution would be. (Tolentino v.
Comelec, G.R. No. L-34150. October
16, 1971).
 Questions as to amendments are now
subject to Judicial review. (Sanidad
v. Comelec, 78 SCRA 332)
ADMINISTRATIVE LAW
2. Interpretative legislation, e.g.
ADMINISTRATIVE LAW BIR Circulars
- Branch of public law that fixes the
organization of the government and Requisites for valid exercise:
determines competence of authorities 1. Issued under authority of law;
who execute the law and indicates to
the individual remedies for the violations
of his rights. 2. Within the scope and purview of the
law;
I. ADMINISTRATIVE BODIES OR AGENCIES 3. Promulgated in accordance with the
prescribed procedure:
- A body, other than the courts and a. notice and hearing – generally,
the legislature, endowed with quasi- not required; only when:
legislative and quasi-judicial powers for i. the legislature itself requires
the purpose of enabling it to carry out it and mandates that the
laws entrusted to it for enforcement or regulation shall be based on
execution. certain facts as determined
at an appropriate
How Created: investigation;
1. by constitutional provision; ii. the regulation is a
2. by legislative enactment; and settlement of a controversy
3. by authority of law. between specific parties;
considered as an
II. POWERS OF ADMINISTRATIVE administrative adjudication
BODIES: (Cruz, Philippine
1.Quasi-legislative or rule-making Administrative Law, p.42 -
power; 43); or
2.Quasi-judicial or adjudicatory power; iii. the administrative rule is in
and the nature of subordinate
3.Determinative powers. legislation designed to
implement a law by
A. QUASI-LEGISLATIVE OR RULE- providing its details (CIR v.
MAKING POWER Court of Appeals, 261 SCRA
 In exercise of delegated legislative 236).
power, involving no discretion as to b. publication
what law shall be, but merely 4. Reasonable
authority to fix details in execution
or enforcement of a policy set out in Requisites for Validity of Administrative
law itself. Rules With Penal Sanctions:
Kinds: 1. law itself must declare as punishable
1. Legislative regulation the violation of administrative rule
a. Supplementary or detailed or regulation;
legislation, e.g. Rules and 2. law should define or fix penalty
Regulations Implementing therefor; and
the Labor Code; 3. rule/regulation must be published.
b. Contingent regulation
Doctrine of Subordinate Legislation –
power of administrative agency to
promulgate rules and regulations on 1. right to a hearing;
matters of their own specialization. 2. tribunal must consider evidence
presented;
Doctrine of Legislative Approval by Re- 3. decision must have something to
enactment - the rules and regulations support itself;
promulgated by the proper 4. evidence must be substantial;
administrative agency implementing the 5. decision must be based on evidence
law are deemed confirmed and approved adduced at hearing or at least
by the Legislature when said law was re- contained in the record and
enacted by later legislation or through disclosed to parties;
codification. The Legislature is presumed 6. board of judges must act on its
to have full knowledge of the contents of independent consideration of facts
the regulations then at the time of re- and law of the case, and not simply
enactment. accept view of subordinate in
arriving at a decision; and
QUASI- QUASI- 7. decision must be rendered in such a
LEGISLATIVE JUDICIAL manner that parties to controversy
FUNCTIONS FUNCTIONS can know various issues involved and
reason for decision rendered.(Ang
1. consists of 1. refers to its end Tibay vs CIR, 69 Phil 635)
issuance of rules product called
and regulations order, reward Substantial Evidence – relevant
or decision evidence as a reasonable mind might
accept as adequate to support a
2. general 2. applies to a conclusion.
applicability specific
situation Administrative Determinations Where
Notice and Hearing Not Necessary:
3. prospective; it 3. present
1. summary proceedings of distraint
envisages the determination
promulgation of of rights, and levy upon property of delinquent
a rule or privileges or taxpayer;
regulation duties as of 2. grant of provisional authority for
generally previous or increase of rates, or to engage in
applicable in the present time or particular line of business;
future occurrence 3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
se which affects safety of persons or
B. QUASI-JUDICIAL OR ADJUDICATORY property;
POWER 5. preventive suspension of officer or
 Proceedings partake of nature of employee pending investigation; and
judicial proceedings. 6. grant or revocation of licenses for
Administrative body granted permits to operate certain
authority to promulgate its own businesses affecting public order or
rules of procedure. morals.
Two necessary conditions: Administrative Appeal or Review

1. due process; and 1. Where provided by law, appeal from
2. jurisdiction administrative determination may be
made to higher or superior
Includes the following powers: administrative officer or body.
1. Prescribe rules of procedure 2. By virtue of power of control of
2. Subpoena power President, President himself or
3. Contempt Power through Department Head may
affirm, modify, alter, or reverse
Administrative Due Process:
administrative decision of courts will be allowed unless
subordinate. administrative action has been
3. Appellate administrative agency may completed and there is nothing left
conduct additional hearing in to be done in administrative
appealed case, if deemed necessary. structure.
3. Judicial Relief from Threatened
Res judicata effect of Administritve Administrative Action – courts will
Decisions not render a decree in advance of
- has the force and binding effect of a administrative action and thereby
final judgment (note: applies only to render such action nugatory. It is not
judicial and quasi judicial proceedings for the court to stop an
not to exercise of administrative administrative officer from
functions, Brillantes vs. Castro 99 Phil. performing his statutory duty for
497) fear he will perform it wrongly.
C. DETERMINATIVE POWERS Effect of Failure to Exhaust

1. enabling – permit the doing of an act Administrative Remedies: as a general
which the law undertakes to rule, jurisdiction of the court is not
regulate; affected but the complaint is vulnerable
2. directing – order the doing or to dismissal due to lack of cause of
performance of particular acts to action.
ensure compliance with the law and Exceptions to the Doctrine:
are often exercised for corrective 1. doctrine of qualified political agency
purposes (when the respondent is a
3. dispensing – to relax the general department secretary whose acts as
operation of a law or to exempt from an alter ego of the President bears
general prohibition, or relieve an the implied and assumed approval of
individual or a corporation from an the latter); except where law
affirmative duty; expressly provides exhaustion;
4. examining - also called investigatory 2. administrative remedy is fruitless;
power; 3. where there is estoppel on part of
5. summary – power to apply administrative agency;
compulsion or force against persons 4. issue involved is purely legal;
or property to effectuate a legal 5. administrative action is patently
purpose without judicial warrants to illegal, amounting to lack or excess
authorize such actions. of jurisdiction;
6. where there is unreasonable delay or
III. EXHAUSTION OF official inaction;
ADMINISTRATIVE REMEDIES 7. where there is irreparable injury or
 Whenever there is an available threat thereof, unless judicial
administrative remedy provided recourse is immediately made;
by law, no judicial recourse can 8. in land case, subject matter is
be made until all such remedies private land;
have been availed of and 9. where law does not make exhaustion
exhausted. a condition precedent to judicial
1. Doctrine of Prior Resort or recourse;
(Doctrine of Primary Administrative 10. where observance of the doctrine
Jurisdiction) – where there is will result in nullification of claim;
competence or jurisdiction vested 11. where there are special reasons or
upon administrative body to act circumstances demanding immediate
upon a matter, no resort to courts court action; and
may be made before such 12. when due process of law is clearly
administrative body shall have acted violated.
upon the matter.
2. Doctrine of Finality of IV. JUDICIAL REVIEW OF
Administrative Action – no resort to ADMINISTRATIVE DECISIONS
When made: 3. Direct proceeding;
1. to determine constitutionality or 4. Collateral attack.
validity of any treaty, law,
ordinance, executive order, or General Rule: Findings of facts of
regulation; Administrative Agencies accorded great
2. to determine jurisdiction of any weight by the Courts.
administrative board, commission Exceptions to the Rule:
or officer; 1. factual findings not supported by
3. to determine any other questions evidence;
of law; and 2. findings are vitiated by fraud,
4. to determine questions of facts imposition or collusion;
when necessary to determine 3. procedure which led to factual
either: findings is irregular;
a. constitutional or jurisdictional 4. palpable errors are committed; and
issue; 5. grave abuse of discretion,
b. commission of abuse of arbitrariness or capriciousness is
authority; and manifest.
c. when administrative fact
finding body is unduly  Brandeis Doctrine of
restricted by an error of law. Assimilation of Facts – one
purports to be finding of fact but
Modes of review: is so involved with and
1. Statutory; dependent upon a question of
2. Non-statutory – inherent power of latter,courts will review the
the court to review such entire case including the latter.
proceedings upon questions of law as to be in substance and
jurisdiction and questions of law; effect a decision on the .
LAW ON PUBLIC OFFICERS
I.PUBLIC OFFICE two senses:

- right, authority and duty created and 1. may refer to endowments,
conferred by law, by which for a qualities or attributes which
given period, either fixed by law or make an individual eligible for
enduring at pleasure of creating public office;
power, and individual is vested with 2. may refer to the act of entering
some sovereign functions of into performance of functions of
government to be exercised by him public office.
for the benefit of the public.
(Fernandez vs Sto Tomas, 234 SCRA Authority to prescribe qualification:
546) 1. when prescribed by Constitution,
ordinarily exclusive, the legislature
Elements of Public Office: (LSDIP) may not increase or reduce
1. created by law or ordinance qualifications except when
authorized by law; Constitution itself provides
2. possess sovereign functions of otherwise as when only minimum or
government to be exercised for no qualifications are prescribed( ex:
public interests; Art XIII Sec 17 (2), Art VIII Sec 7 (2)
3. functions defined expressly or Consti) ;
impliedly by law; 2. when office created by statute,
4. functions exercised by an officer Congress has generally plenary
directly under control of law, not power to prescribe qualification but
under that of a superior officer such must be:
unless they are functioned conferred a. germane to purpose of office;
by law upon inferior officers, who by and
law, are under control of a superior; b. not too specific so as to refer to
(duties performed independently) only one individual.
and
5. with permanency or continuity, not III. DE FACTO OFFICERS
temporary or occasional. - one who has reputation of being an
officer that he assumes to be, and
Characteristics: yet is not an officer in point of law.
-Public office is a public trust.
-Public office is not property and is - a person is a de facto officer where
outside the commerce of man. It cannot the duties of the office are exercised
be subject of a contract. (Cruz, Law on under any of the following
Public Officers, p.5) circumstances:
1. Without a known appointment or
II. PUBLIC OFFICERS election, but under such
- individuals vested with public office circumstances of reputation or
acquiescence as were calculated
Classification of Public Officers: to induce people, without
1. Executive, legislative and judicial inquiry, to submit to or invoke
officers; his action, supposing him to the
2. Discretionary or ministerial officers; be the officer he assumed to be;
3. Civil or military officers; or
4. Officers de jure or de facto; and 2. Under color of a known and valid
5. National, provincial or municipal appointment or election, but
officials where the officer has failed to
conform to some precedent
requirement or condition (e.g.,
taking an oath or giving a bond);
Eligibility and qualification:
61
3. Under color of a known election points of law to

or appointment, void because: act
a. the officer was not eligible;
3. cannot be 3. may be ousted in
removed in a a direct
b. there was a want of power in
direct proceeding
the electing or appointing proceeding against him.
body;
c. there was a defect or
irregularity in its exercise;
DE FACTO INTRUDER
such ineligibility, want of
OFFICER
power, or defect being
unknown to the public. 1. one who takes
4. Under color of an election or an 1. officer under
any of the 4 possession of an
appointment by or pursuant to a office and
circumstances
public, unconstitutional law, mentioned undertakes to
before the same is adjudged to act officially
be such. without any
authority, either
Note: Here, what is unconstitutional is actual or
apparent
not the act creating the office, but the
act by which the officer is appointed to
an office legally existing. (Norton v. 2. has color of 2. has neither
County of Shelby) right or title to lawful title nor
office color of right or
Requisites: title to office
1. valid existing office;
2. actual physical possession of said
office; 3. acts are valid as 3. acts are
3. color of title to office; to the public absolutely void
until such time and can be
4. by reputation or acquiescence;
as his title to impeached in
5. known or valid appointment or the office is any proceeding
election but officer failed to adjudged at any time
conform with legal requirements; insufficient unless and until
6. known appointment or election but he continues to
void because of ineligibility of act for so long a
officer or want of authority of time as to afford
appointing or electing authority or a presumption of
irregularity in appointment or his right to act
election not known to public; and
4. entitled to 4. not entitled to
7. known appointment or election compensation compensation
pursuant to unconstitutional law for services
before declaration of rendered
unconstitutionality.
DE JURE DE FACTO Legal Effects of Acts

OFFICER OFFICER - valid insofar as they affect the
public
1. rests on the 1. on reputation Entitlement to Salaries
right
General Rule: rightful incumbent may
recover from de facto officer salary
2. has lawful or 2. has possession
title to the and performs the received by latter during time of
office duties under wrongful tenure even though latter
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)
technically Exception: when there is no de jure
qualified in all public officer, de facto officer
Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
entitled to salaries for period when requirements for appointment to
he actually discharged functions. a regular position in the
(Civil Liberties Union v. Exec. Sec., competitive service, whenever a
194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular – made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment – selection, by authority Commission on Appointments and
vested with power, of individual who is continues until the end of term;
to perform functions of a given office. and
 Essentially a discretionary power 5. Ad-interim –
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment of
for the position (Nachura, Congress;
Reviewer in Political Law, p. b. Midnight – made by the
305) President before his term
expires, whether or not this
Commission – written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation – imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
legislative recess
1. Permanent – extended to person
session
possessing requisite Made only after Made before
qualification for the position and the nomination such
thus enjoys security of tenure; is confirmed by confirmation
2. Temporary – acting the Commission
appointment, given to a non-civil on Appointments
service eligible is without a (CA)
definite tenure and is dependent Once confirmed Shall cease to be
upon the pleasure of the by the CA valid if
appointing power; continues until t disapproved by
he end of the the CA or upon
3. Provisional- is one which may
term of the the next
be issued upon prior appointee adjournment
authorization of the
Commissioner of Civil service in Nepotism – all appointments in the
accordance with the provisions national, provincial, city and
of the Civil Service Law and the municipal governments or in any
rule and standards to a person branch or instrumentality thereof,
who has no t qualified in an including GOCC, made in favor of a
appropriate examination but who relative of the (1) appointing or (2)
otherwise meets the
63
recommending authority or of the (3) 1. statutory liability under the Civil

chief of the bureau or office or of Code (Arts. 27, 32 and 34);
the (4) persons exercising immediate 2. When there is a clear showing of bad
supervision over him. A relative is faith, malice or negligence
one within the 3rd degree either of (Administrative Code of 1987);
consanguinity or affinity 3. liability on contracts; and
4. liability on tort .
Vacancy – when an office is empty
and without a legally qualified Threefold Liability Rule – wrongful
incumbent appointed or elected to it acts or omissions of public officers
with a lawful right to exercise its may give rise to civil, criminal, and
powers and performs its duties. administrative liability. (CAC liability
rule)
Classifications of vacancy:
1. original – when an office is Liability of Ministerial Officers:
created and no one has been 1. Nonfeasance – neglect or refusal to
appointed to fill it; perform an act which is officer’s
2. constructive – when the legal obligation to perform;
incumbent has no legal right 2. Misfeasance – failure to use that
or claim to continue in office degree of care, skill and diligence
and can be legally replaced required in the performance of
by another functionary; official duty; and
3. accidental – when the 3. Malfeasance – doing, through
incumbent having died, ignorance, inattention or malice, of
resigned, or been removed; an act which he had no legal right to
4. absolute – when the term of perform.
an incumbent having expired
and the latter not having Doctrine of Command Responsibility
held over, no successor is in  A superior officer is liable for acts of
being who is legally qualified a subordinate when: (ERCAL)
to assume the office. 1. he negligently or willfully employs or
retains unfit or incompetent
V. POWERS AND DUTIES OF A subordinates;
PUBLIC OFFICER: 2. he negligently or willfully fails to
1. Ministerial – discharge is imperative require subordinate to conform to
and requires neither judgment nor prescribed regulations;
discretion, mandamus will lie; and 3. he negligently or carelessly oversees
2. Discretionary – imposed by law business of office as to furnish
wherein officer has right to decide subordinate an opportunity for
how and when duty shall be default;
performed, mandamus will not lie. 4. he directed or authorized or
cooperated in the wrong; or
VII. LIABILITY OF PUBLIC OFFICER 5. law expressly makes him liable.
General Rule: not liable for injuries  Under the Revised Admin. Code of
sustained by another as a consequence
1987, A Superior Officer shall be
of official acts done within the scope of
liable for acts of subordinate officers
his authority, except as otherwise
only if he has actually authorized be
provided by law.
written order the specific act or
 A Public Officer shall not be civilly misconduct complained.
liable for acts done in the  Subordinate officers are also liable
performance of his duties for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
Exceptions: policy and good customs

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
d. grounds – if the charge against
Preventive Suspension such officer or employee
- a precautionary measure so involves:
that an employee who is formally i. dishonesty;
charged of an offense may be separated ii. oppression or grave
from the scene of his alleged misconduct;
misfeasance while the same is being iii. neglect in the performance
investigated (Bautista v. Peralta, 18 of duty; or
SCRA 223) iv. if there are reasons to
believe that respondent is
- need not be preceded by prior guilty of the charges which
notice and hearing since it is not a would warrant his removal
penalty but only a preliminary step in an from the service
administrative investigation (Lastimosa e. duration – the administrative
v. Vasquez, 243 SCRA 497) investigation must be terminated
within 90 days; otherwise, the
- the period of preventive suspension respondent shall be
cannot be deducted from whatever automatically reinstated unless
penalty may be imposed upon the erring the delay in the disposition of
officer (CSC Resolution No. 90-1066) the case is due to the fault,
negligence or petition of the
respondent, in which case the
PENDING PENDING period of delay shall not be
INVESTIGATION APPEAL counted in computing the period
[Sec.51, E.O.292] [Sec.27(4), E.O. of suspension.
292]
A Presidential Appointee:
1. not a penalty 1. Punitive in a. can only be investigated and
but only a means character removed from office after due
of enabling the notice and hearing by the
disciplinary President of the Philippines
authority to
under the principle that “the
conduct an
unhampered
power to remove is inherent in
investigation. the power to appoint” as can be
implied from Sec. 5, R.A.2260
2. no compensation 2. If exonerated, (Villaluz v. Zaldivar, 15 SCRA
due for the he should be 710).
period of reinstated with b. the Presidential Commission
suspension even full pay for the Against Graft and Corruption
if found innocent period of (PCAGC) shall have the power to
of the charges. suspension. investigate administrative
complaints against presidential
Rules on Preventive Suspension: appointees in the executive
department of the government,
1. Appointive Officials including GOCCs charged with
Not a Presidential Appointee (Secs. 41- graft and corruption involving
42, P.D. 807): one or a combination of the
a. by whom – the proper following criteria:
disciplining authority may i. presidential appointees with
preventively suspend; the rank equivalent to or
b. against whom – any subordinate higher than an Assistant
officer or employee under such Regional Director;
authority; ii. amount involved is at least
c. when – pending an investigation; P10M;
65
iii. those which threaten - R.A. 3019 makes it mandatory for

grievous harm or injury to the Sandiganbayan to suspend, for
the national interest; and a maximum period of 90 days
iv. those which may be assigned unless the case is decided within a
to it by the President (E.O. shorter period, any public officer
No. 151 and 151-A). against whom a valid information
2. Elective Officials: (Sec 63, R.A. is filed charging violation of:
7160) 1. R.A. 3019;
a. by whom – against whom 2. Book II, Title 7, Revised Penal
i. President – elective official Code; or
of a province, a highly 3. offense involving fraud upon
urbanized or an independent government or public funds or
component city; property (Cruz, The Law of
ii. Governor – elective official Public Officers, pp. 86-87)
of a component city or
municipality; VII. RIGHTS OF PUBLIC OFFICERS:
iii. Mayor – elective official of a
barangay 1. Right to Office – just and legal claim
b. when – at any time after the to exercise powers and
issues are joined; responsibilities of the public
c. grounds: office.
i. reasonable ground to believe  Term – period during which
that the respondent has officer may claim to hold
committed the act or acts office as a right.
complained of;
ii. evidence of culpability is  Tenure – period during which
strong; officer actually holds office.
iii. gravity of the offense so
warrants; 2. Right to Salary
iv. continuance in office of the Basis: legal title to office and
respondent could influence the fact the law attaches
the witnesses or pose a compensation to the office.
threat to the safety and Salary – compensation provided
integrity of the records and to be paid to public officer
other evidence for his services.
d. duration: Preventive Suspension – public
i. single administrative case – officer not entitled during the
not to extend beyond 60 period of preventive suspension,
days; but upon exoneration and
ii. several administrative cases reinstatement he must be paid
– not more than 90 days full salaries and emoluments
within a single year on the during such period.
same ground or grounds
existing and known at the Back salaries are also payable to
time of the first suspension an officer illegally dismissed or
- Section 24 of the Ombudsman otherwise unjustly deprived of
Act (R.A. 6770) expressly provide his office the right to recover
that “the preventive suspension accruing from the date of
shall continue until the case is deprivation. The claim for back
terminated by the Office of the salaries must be coupled with a
Ombudsman but not more than 6 claim for reinstatement and
months without pay.” The subject to the prescriptive
preventive suspension for 6 period of one (1) year. (Cruz,
months without pay is thus Law on Public Officers, p126-
according to law (Lastimosa v. 126)
Vasquez, 243 SCRA 497)

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
Forms of Compensation: promotions must be submitted
a. salary – personal simultaneously for approval by
compensation to be paid to the Commission, the disapproval
public officer for his services of the appointment of a person
and it is generally a fixed proposed to a higher position
annual or periodical payment invalidates the promotion of
depending on the time and those in the lower positions and
not on the amount of the automatically restores them to
service he may render; their former positions.
b. per diem – allowance for
days actually spent in the 4. Right to vacation leave and sick
performance of official leave with pay;
duties;
c. honorarium – something 5. Right to maternity leave;
given as not as a matter of
obligation, but in 6. Right to pension and gratuity;
appreciation for services Pension – regular allowance paid
rendered; to an individual or a group of
d. fee – payment for services individuals by the government in
rendered or on commission consideration of services
on moneys officially passing rendered or in recognition of
through their hands; and merit, civil or military.
e. emoluments – profits arising Gratuity – a donation and an act
from the office, received as of pure liberality on the part of
compensation for services or the State.
which is annexed to the
office as salary, fees, or 7. Right to retirement pay;
perquisites.
8. Right to reimbursement for
3. Right to Preference in Promotion expenses incurred in performance of
Promotion – movement from one duty;
position to another with increase
in duties and responsibilities as 9. Right to be indemnified against any
authorized by law and usually liability which they may incur in
accompanied by an increase in bona fide discharge of duties; and
pay.
10. Right to longevity pay.
Next-in-Rank Rule – the person
next in rank shall be given 11. Right to Self-Organization
preference in promotion when the Art III, Sec 8 1987Consti. Note: Civil
position immediately above his is servants are now given the right to self
vacated. But the appointing organize but they may not stage strikes
authority still exercises his (see: SSS Employees Assoc. vs. CA, 175
discretion and is not bound by this SCRA 686)
rule.
 Appointing officer is only
required to give special VIII. MODES OF TERMINATION
reasons for not appointing OFFICIAL RELATIONSHIP:
officer next in rank if he fills (TR3A3P DIFC2IT)
vacancy by promotion in 1. expiration of term or tenure;
disregard of the next in rank 2. reaching the age limit;
rule. (Pineda vs. Claudio, 28 3. resignation;
SCRA 34) 4. recall;
5. removal;
Automatic Reversion Rule – all 6. abandonment;
appointments involved in chain of 7. acceptance of incompatible office;
67
8. abolition of office; f. Municipal Mayors and Vice

9. prescription of right to office (within Mayors/City Mayors and Vice
one year after the cause of ouster or Mayors of component cities -
the right to hold such office or Provincial Governor;
position arose); g. Sanggunian Members –
10. impeachment; Sanggunian concerned; and
11. death; h. Elective Barangay Officials –
12. failure to assume elective office Municipal or City Mayors
within 6 months from proclamation;
13. conviction of a crime; and Recall - termination of official
14. filing of certificate of candidacy. relationship for loss of confidence
prior to expiration of his term
 When public officer holds office at through the will of the people.
pleasure of appointing power, his
replacement amounts to expiration Limitations on Recall:
of his term, not removal.(Alajar vs 1. any elective official may be subject
Alba, 100 Phil 683) of a recall election only once during
his term of office for loss of
Principle of Hold-Over – if no express or confidence; and
implied Constitutional or statutory 2. no recall shall take place within one
provision to the contrary, public officer year from date of the official’s
is entitled to hold office until successor assumption to office or one year
has been chosen and shall have immediately preceding a regular
qualified. local election.
Purpose: to prevent hiatus in public
office. (But subject to Art. 237 of Procedure for Recall (Secs. 70-72, R.A.
RPC) 7160)
1. Initiation of the Recall Process:
Retirement: a. by a Preparatory Recall
Assembly (PRA) composed of:
 Members of Judiciary : 70 years of i. Provincial – mayors, vice
age mayors and sanggunian (sg)
 Other government officers and members of the
employees : 65 years of age municipalities and
 Optional retirement age: after component cities;
rendition of minimum number of ii. City – punong barangay and
years of service. (sg) barangay members;
iii. Legislative District:
Accepting Authority for Resignation: iiia. SG Panlalawigan –
1. to competent authority provided by municipal officials in
law; the district;
2. If law is silent and public officer is iiib. SG Panglunsod –
appointed, tender to appointing barangay officials in
officer; the district;
3. If law is silent and public officer is iv. Municipal - punong barangay
elected, tender to officer authorized and (sg) barangay members;
by law to call election to fill  majority of the PRA members
vacancy: shall convene in session in a
a. President and Vice-President - public place;
Congress  recall of the officials
b. Members of Congress - concerned shall be validly
respective Chambers initiated through a resolution
e. Governors, Vice Governors, adopted by a majority of all
Mayors and Vice Mayors of HUC’s the PRA members concerned
and independent component
cities - President.
Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
b. by the Registered Voters (RV) in
the province, city, municipality 3. Election on Recall – COMELEC shall
or barangay (LGU) concerned - set the date of the election on
at least 25% of the total number recall:
of RV in the LGU concerned a. for barangay, city or municipal
during the election in which the officials – not later than 30 days
local official sought to be after the filing of the resolution
recalled was elected; or petition;
i. written petition filed with b. for provincial officials - not later
the COMELEC in the presence than 45 days after the filing of
of the representative of the the resolution or petition;
petitioner and a 4. Effectivity of Recall – only upon the
representative of the official election and proclamation of a
sought to be recalled, and in successor in the person of the
a public place of the LGU; candidate receiving the highest
ii. COMELEC shall cause the number of votes cast during the
publication of the petition in election on recall.
a public and conspicuous  Should the official sought to be
place for a period of not less recalled receive the highest
than 10 days nor more than number of votes, confidence in
20 days him is thereby affirmed, and he
iii. upon lapse of the said shall continue in office.
period, COMELEC shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled
ELECTION LAW
69
I.SUFFRAGE Peter Sison v. COMELEC,

- right to vote in election of G.R. No. 134096, March 3,
officers chosen by people and in 1999)
the determination of questions
submitted to people. It includes:  What is common in these
1.election; three instances is the
2.plebiscite; resulting failure to elect. In
3.initiative; and the first instance, no
4.referendum. election is held while in the
second, the election is
Election – means by which people suspended. In the third
choose their officials for a definite instance, circumstances
and fixed period and to whom they attending the preparation,
entrust for time being the exercise transmission, custody or
of powers of government. canvass of the election
Kinds: returns cause a failure to
1. Regular election – one provided elect. The term failure to
by law for election of officers elect means nobody emerged
either nationwide or in certain as a winner. (Pasandalan vs.
subdivisions thereof, after Comelec, G.R. No. 150312,
expiration of full term of former July 18, 2002)
members; and  The causes for the
2. Special election – one held to fill declaration of a failure of
vacancy in office before election may occur before or
expiration of full term for which after the casting of votes or
incumbent was elected. on the day of the election.
(Sec. 4, R.A. 7166)
Failure of Elections – there are  The COMELEC shall call for
only 3 instances where a failure of the holding or continuation
elections may be declared, namely: of the election on a date
a. The election in any polling reasonably close to the date
place has not been held on of the election not held,
the date fixed on account of suspended, or which resulted
force majeure, violence, in a failure to elect but not
terrorism, fraud, or other later than 30 days after the
analogous causes; cessation of the cause of
b. The election in any polling such suspension or failure to
place had been suspended elect. (Sec. 6, B.P. 881)
before the hour fixed by law
 In such election, the location
for the closing of the voting
of polling places shall be the
on account of force
same as that of the
majeure, violence,
preceding regular election.
terrorism, fraud, or other
However, changes may be
analogous causes; and
initiated by written petition
c. After the voting and during
of the majority of the voters
the preparation and
of the precinct or agreement
transmission of the election
of all the political parties or
returns or in the custody or
by resolution of the Comelec
canvass thereof such
after notice and hearing.
election results in a failure
(Cawasa vs. Comelec, G.R.
to elect on account of force
No. 150469, July 3, 2002)
majeure, violence,
terrorism, fraud or other
analogous causes. (Joseph

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
Postponement of Elections - An - organized group of citizens
election may be postponed by the advocating an ideology or platform,
COMELEC either motu proprio or upon principles and policies for the general
a verified petition by any interested conduct of government and which, as
party when there is violence, the most immediate means of securing
terrorism, loss or destruction of their adoption, regularly nominates and
election paraphernalia or records, supports certain of its leaders and
force majeure, or other analogous members as candidate in public office.
cause of such a nature that the (Bayan Muna v. Comelec, GR No. 147613,
holding of a free, orderly and honest June 28, 2001)
election becomes impossible in any
political subdivision. (Sec. 5, B.P.  To acquire juridical personality
881) and to entitle it to rights and
privileges granted to political
 The COMELEC shall call for the parties, it must be registered
holding of the election on a date with COMELEC
reasonably close to the date of
the election not held,  policies for the general conduct
suspended, or which resulted in of government and which, as the
a failure to elect but not later most immediate means of
than 30 days after the cessation securing their adoption,
of the cause for such regularly nominates and supports
postponement or suspension of certain of its leaders and
the election or failure to elect. members as candidate in public
(Sec. 5, B.P. 881) office. (Bayan Muna v. Comelec,
GR No. 147613, June 28, 2001)
Qualification for Suffrage:
1. Filipino citizen;  To acquire juridical personality
2. At least 18 years of age; and to entitle it to rights and
3. Resident of the Philippines for at privileges granted to political
least one year; parties, it must be registered
4. Resident of place where he proposes with COMELEC.
to vote for at least 6 months; and
5. Not otherwise disqualified by law. Groups Disqualified for Registration:
1. religious denominations or sects;
Disqualification: 2. those who seek to achieve their
1. person convicted by final judgment goals through violence or unlawful
to suffer imprisonment for not less means;
than 1 year, unless pardoned or 3. those who refuse to uphold and
granted amnesty; but right adhere to Constitution; and
reacquired upon expiration of 5 4. those supported by foreign
years after service of sentence; governments.
2. person adjudged by final judgment
of having committed any crime Grounds for Cancellation of
involving disloyalty to government or Registration:
any crime against national security;
but right is reacquired upon 1. accepting financial contributions
expiration of 5 years after service of from foreign governments or their
sentence; and agencies; and
3. insane or incompetent persons as 2. failure to obtain at least 10% of
declared by competent authority votes casts in constituency where
(Sec. 118, OEC). party fielded candidates.
II. POLITICAL PARTY

71
Party System – a free and open party d. it is receiving support from any
system shall be allowed to evolve foreign government, foreign
according to free choice of people. political party, foundation,
 no votes cast in favor of political organization, whether directly or
party, organization or coalition through any of its officers or
shall be valid except for those members or indirectly through
registered under the party-list third parties for partisan
system provided in the election purposes;
Constitution; e. it violates or fails to comply with
laws, rules or regulation relating
 political parties registered under to elections;
party-list system shall be f. it declares untruthful statements
entitled to appoint poll watchers in its petition;
in accordance with law; and g. it has ceased to exist for at least
 part-list representatives shall one (1) year; or
constitute 20% of total number h. it fails to participate in the last
of representatives in the House. two (2) preceding elections or
fails to obtain at least two per
Guidelines for screening party-list centum (2%) of the votes cast
participants under the party-list system in
1. The political party, sector, two (2) preceding elections for
organization or coalition must the constituency in which it has
represent the marginalized and registered.
underrepresented groups identified 5. the party or organization must not
in Sec. 5 of RA 7941. Majority of its be an adjunct of, or a project
member-ship should belong to the organized or an entity funded or
marginalized and underrepresented; assisted by, the government.
2. While even major political parties 6. the party, including its nominees
are expressly allowed by RA 7941 and must comply with the qualification
the Constitution, they must comply requirements of section 9, RA 7941
with the declared statutory policy of as follows: “No person shall be
“Filipino citizens belonging to nominated as party-list
marginalized and under-represented representative unless he is: (a)
sectors to be elected to the House of natural-born citizen of the
Representatives”. Thus, they must Philippines; (b) a registered voter;
show that they represent the (c) a resident of the Philippines for a
interest of the marginalized and period of not less than one year
underrepresented. immediately preceding the day of
3. That religious sector may not be the election; (d) able to read and
represented in the party-list system; write; (e) a bona fide member of the
except that priests, imam or pastors party or organization which he seeks
may be elected should they to represent for at least 90 days
represent not their religious sect but preceding the day of the election;
the indigenous community sector; and (f) at least 25 years of age on
4. A party or an organization must not the day of the election. In case of a
be disqualified under Sec. 6, RA 7941 nominee of the youth sector, he must
as follows: at least be twenty five (25) but not
a. it is a religious sect or more than thirty (30) years of age on
denomination, organization or the day of the election. Any youth
association organized for sectoral representative who attains
religious purposes; the age of thirty (30) during his term
b. it advocates violence or unlawful shall be allowed to continue in office
means to seek its goals; until the expiration of his terms”;
c. it is a foreign party or
organization;

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
7. not only the candidate party or 1. to put election process in mockery or
organization must represent disrepute;
marginalized and underrepresented 2. to cause confusion among voters by
sectors, so also must its nominees; similarity of names of registered
8. while lacking the a well-defined candidates;
political constituency, the nominee 3. by other circumstances or acts which
must likewise be able to contribute demonstrate that a candidate has no
to the formation and enactment of bona fide intention to run for office
appropriate legislation that will for which certificate has been filed,
benefit the nation as a whole. (Ang and thus prevent a faithful
Bagong Bayani-OFW Labor Party, v. determination of true will of
COMELEC, GR No. 147589, June 26, electorate.
2001).
IV. FAIR ELECTIONS ACT OF 2001 (RA
III. DISQUALIFICATION OF 9006)
CANDIDATES:
1. declared as incompetent or insane Lawful election Propaganda (sec. 3):
by competent authority;
2. convicted by final judgment for 1. Written/Printed Materials (does not
subversion, insurrection, rebellion or exceed 8 ½ in. width by 14 in.
any offense for which he has been length)
sentenced to a penalty of 18 months 2. Handwritten/printed letters
imprisonment; 3. Posters (not exceeding 2 x 3 ft.)
3. convicted by final judgment for  3 by 8 ft. allowed in
crime involving moral turpitude; announcing, at the site and
4. any person who is permanent on the occasion of a public
resident of or immigrant to a foreign meeting or rally, may be
country; and displayed 5 days before the
5. one who has violated provisions on: date of rally but shall be
a. campaign period; removed within 24 hours
b. removal, destruction of lawful after said rally.
election propaganda; 4. Print Ads
c. prohibited forms of propaganda;
d. regulation of propaganda  ¼ page in broadsheets and ½
through mass media; and page in tabloids thrice a
e. election offenses. week per newspaper,
magazine or other
- When a candidate has not yet been publication during the
disqualified by final judgment during campaign period
the election day and was voted for, 5. Broadcast Media (i.e. TV and
the votes cast in his favor cannot be Radio)
declared stray. To do so would
amount to disenfranchising the NATIONAL LOCAL
electorate in whom sovereignty POSITIONS POSITIONS
resides. (Codilla vs. Hon. Jose De
1. 120 minutes 1. 60 minutes
Venecia, G.R. No. 150605, December
for TV for TV
10, 2002)
2. 180 minutes 2. 90 minutes
Nuisance Candidate for Radio for Radio
– COMELEC may motu propio
or upon petition of Prohibited Campaign
interested party, refuse to 1. Public exhibition of movie,
give due course to or cancel cinematograph or documentary
certificate of candidacy if portraying the life or biography of a
shown that said certificate candidate during campaign period;
was filed:
73
2. Public exhibition of a movie,

cinematograph or documentary Substituted and Substitute Candidate
portrayed by an actor or media - In case of valid substitutions
personality who is himself a after the officials ballots have been
candidate; printed, the votes cast for the
3. Use of airtime for campaign of a substituted candidates shall be
media practitioner who is an official considered as stray votes but shall not
of a party or a member of the invalidate the whole ballot. For this
campaign staff of a candidate or purpose, the official ballots shall provide
political party; for spaces where the voters may write
the name of the substitute candidates if
Limitation on Expenses: they are voting for the latter: Provided,
1. for candidates: however, That if the substitute
 President and Vice President candidate is of the same family name,
= P10/voter; this provision shall not apply.(Sec.12)
 Other candidates, if with V. PRE-PROCLAMATION
party = P3/voter; CONTROVERSY
 Other candidates, if without  Any question pertaining to or
party = P5/voter. affecting proceedings of Board of
2. for political parties = P5/voter Canvassers which may be raised
by any candidate or by a
Statement of Contribution and registered political party or
Expenses coalition of political parties
 every candidate and treasurer of before the board or directly with
political party shall, within 30 days COMELEC or any matter raised
after day of election, file offices of under Sections 233, 234, 235,
COMELEC the full, true and itemized and 236, in relation to
statement of all contribution and preparation, transmission,
expenditures in connection with receipt, custody and
election. appreciation of election returns.
Election Survey Issues which may be raised in a Pre-

Proclamation Controversy:
 The SC held that Sec. 5.4 of the Fair 1. Illegal composition or proceedings of
Election Act prohibiting publication the board of Canvassers;
of survey results 15 days 2. Canvassed election returns are
immediately preceding a national incomplete, contain material
election and 7 days before a local defects, appears to be tampered
election violates the constitutional with or falsified; or contain
rights of speech, expression, and the discrepancies in the same returns or
press because: in other authentic copies thereof as
 it imposes a prior restraint on mentioned in Sec. 233,234,235 and
the freedom of expression; 236 of BP 881;
 It is a direct and total 3. Election returns were prepared
suppression of a category of under duress, threat, coercion, or
expression even though such intimidation, or they are obviously
suppression is only for a limited manufactured or not authentic; and
period; and 4. When substitute of fraudulent
 the governmental interest sought returns in controverted polling
to be promoted can be achieved places were canvassed, the results of
by means other than the which materially affected the
suppression of freedom of standing of the aggrieved
expression. (Social Weather candidate/s.
Station v. Comelec, G.R. No.
147571 May 5, 2001)
Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
 appeal to COMELEC whose
VIII. ELECTION CONTESTS decision shall be final and
executory;
Nature: special summary proceeding 2. For decisions of COMELEC
object of which is to expedite
settlement of controversies between  petition for review on Certiorari
candidates as to who received majority with SC within 30 days from
of legal votes. receipt of decision on ground of
Purpose: to ascertain true will of people grave abuse of discretion
and duly elected officer, and this could amounting to lack or excess of
be achieved by throwing wide open the jurisdiction or violation of due
appeal before the court. process;
3. For decisions of Electoral Tribunal
Contest: any matter involving title or  petition for review on Certiorari
claim of title to an elective office, made with SC on ground of grave abuse
before or after proclamation of winner, of discretion amounting to lack
whether or not contestant is claiming or excess of jurisdiction or
office in dispute. violation of due process.
Election, Returns and qualification –
refers to all matters affecting validity of Actions Which May Be Filed:
the contestee’s title to the position. 1. Election Protest
- May be filed by any candidate who
Election – conduct of the polls, has filed a certificate of candidacy
including the registration of voters, and has been voted upon for the
holding of election campaign, and same officer;
casting and counting of votes. Grounds:
a. fraud;
Returns – include the canvass of b. terrorism;
returns and proclamation of winners, c. irregularities; or
together with questions concerning d. illegal acts
composition of Board of Canvassers  committed before, during, or
and authenticity of election returns. after casting and counting of
votes
Qualifications – matter which could Time to file: within 10 days from
be raised in a quo warranto proclamation of results of election.
proceedings against the proclaimed
winner, such as his disloyalty to the 2. Quo warranto
Republic or his ineligibility or - Filed by any registered voter in the
inadequacy of his certificate of constituency
candidacy.
Grounds:
Original Exclusive Jurisdiction Over a. ineligibility; or
Election Contests b. disloyalty to Republic.
1. President and Vice-President - Time to file: within 10 days from
Supreme Court en banc proclamation of results of election.
2. Senator - Senate Electoral Tribunal
3. Representative - HR Electoral
QUO WARRANTO QUO WARRANTO
Tribunal
IN ELECTIVE IN APPOINTIVE
4. Regional/Provincial/City - COMELEC
OFFICE OFFICE
5. Municipal - RTC 1. determination is 1. determination is
6. Barangay - MTC eligibility of legality of
candidate-elect appointment
Appellate Jurisdiction: 2. when person 2. court may
1. For decisions of RTC and MTC elected is determine as to
declared who among the
ineligible, court parties has legal
75
cannot declare 2nd title to office who solicits or receives, directly

placer as elected, or indirectly, any expenditure or
even if eligible promise of any office or
employment, public or private,
IX. ELECTION OFFENSES for any of the foregoing
considerations. (Sec. 261, B.P.
Vote-Buying and Vote-Selling 881)
(1) Any person who gives, offers
or promises money or anything of
value, gives or promises any
office or employment, franchise
 One of the effective ways of
or grant, public or private, or preventing the commission
makes or offers to make an of vote-buying and of
expenditure, directly or prosecuting those
indirectly, or cause an committing it is the grant of
expenditure to be made to any immunity from criminal
person, association, corporation, liability in favor of the
entity, or community in order to party (person/s) whose vote
induce anyone or the public in was bought. This grant of
general to vote for or against any immunity will encourage the
candidate or withhold his vote in recipient or acceptor to
the election, or to vote for or come into the open and
against any aspirant for the denounce the culprit-
nomination or choice of a candidate, and will ensure
candidate in a convention or the successful prosecution of
similar selection process of a the criminal case against the
political party. latter. (Comelec vs. Hon.
(2) Any person, association, Tagle, G.R. Nos. 148948 &
corporation, group or community 148951, February 17, 2003)

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
LAW ON PUBLIC CORPORATION
I. LOCAL GOVERNMENT CODE OF 1991

(R.A. 7160) Declaration of Policy:
Effectivity: January 1, 1992 1. Territorial and subdivisions of State

shall enjoy genuine and meaningful
Scope of Application of Local local autonomy to enable them to
Government Code: attain fullest development and make
Applicable to: them more effective partners in
1. all provinces, attaining national goals;
2. cities, 2. Ensure accountability of LGU’s
3. municipalities, through institution of effective
4. barangays; mechanisms of recall, initiative and
5. and other political subdivisions referendum; and
as may be created by law; and 3. Require all national agencies and
6. to the extent provided in the offices to conduct periodic
Local Government Code: consultations with appropriate
a. to officials, LGU’s, NGO’s and People’s
b. offices, or Organizations and other concerned
c. agencies of the National sector of community before any
Government. project or program is implemented
in their respective jurisdictions.
Local Autonomy – in its constitutional
sense, to polarize LGU’s from over Rules on Interpretation:
dependence on central government and 1. provision on power: liberally
do not make LGU’s mini-republics or interpreted in favor of LGU; in case
imperium in imperia. of doubt, resolved in favor of
devolution of powers;
Decentralization of Administration – 2. ordinance or revenue measure:
central government delegates construed strictly against LGU
administrative powers to political enacting it and liberally in favor of
subdivisions in order to broaden base of tax payer;
government power and in process make 3. tax exemptions, incentive or relief
LGU’s more responsive and accountable granted by LGU: construed against
and ensure their fullest development as person claiming;
self-reliant communities and make them 4. general welfare provisions: liberally
effective partners in the pursuit of interpreted to give more powers to
national development and social LGU’s in accelerating economic
progress. development and upgrading quality
of life for people in community;
Decentralization of Power – involves 5. rights and obligations existing on
abdication of political power in favor of date of effectivity of LGC of 1991
LGU’s declared autonomous.(Limbona v. and arising out of contracts or any
Mengelin, 170 SCRA 786). other source of prestation involving
LGU, shall be governed by original
Devolution – act by which national terms and conditions of said
government confers power and authority contracts or law in force at time
upon various LGU’s to perform specific such rights were vested; and
functions and responsibilities.[Sec.17(e), 6. resolution of controversies arising
par.2, LGC]. under LGC of 1991 where no legal
provision or jurisprudence applies,
resort may be had to customs and
77
traditions in place where

controversies take place.
II. PUBLIC CORPORATION IV. TERRITORIAL AND POLITICAL
- one formed and organized for the SUBDIVISIONS ENJOYING
government of a portion of the State. LOCAL AUTONOMY:
1. Province – cluster of municipalities,
Elements of Public Corporation: or municipalities and component
1. legal creation or incorporation; cities, and serves as dynamic
2. corporate name; mechanism for developmental
3. inhabitants; and processes and effective governance
4. territory. of LGU’s within its territorial
jurisdiction.
Classes of Corporation:
1. Quasi-corporation – public 2. City – composed of more urbanized
corporations created as agencies of and developed barangays, serves as
State for narrow and limited a general purpose government for
purposes. coordination and delivery of basic,
2. Municipal corporation – body politic regular and direct services and
and corporate constituted by effective governance of inhabitants
incorporation of inhabitants of city within its territorial jurisdiction;
or town purposes of local
government thereof or as agency of 3. Municipality – consisting of group of
State to assist in civil government of barangays, serves primarily as a
the country. general purpose government for
3. Quasi-public corporation – private coordination and delivery of basic,
corporation that renders public regular and direct services and
service or supplies public wants. effective governance of inhabitants
within its territorial jurisdiction;
PUBLIC PRIVATE
CORPORATION CORPORATION 4. Barangay – basic political unit which
serves as primary planning and
1. established for 1. created for private implementing unit of government
purposes of aim, gain or benefit policies, plans, programs, projects
administration of of members and activities in community, and as a
civil and local forum wherein collective views of
governments
people may be expressed,
2. creation of State 2. created by will of crystalized and considered and
either by special or incorporators with where disputes may be amicably
general act recognizance of State settled;
3. involuntary 3. voluntary 5. Autonomous Regions – created for

consequence agreement by and decentralization of administration or
legislation among members decentralization of government; and
6. Special metropolitan political

III. DE FACTO MUNICIPAL subdivisions – created for sole
CORPORATION purpose of coordination of delivery
of basic services.
Requisites:
1. valid law authorizing incorporation; Creation of Municipal Corporations
2. attempt in good faith to organize 1. For province, city or municipality,
under it; only by Act of Congress;
3. colorable compliance with law; and 2. For barangays, ordinance passed by
4. assumption of corporate powers. respective Sanggunian

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
vested in original territorial
organization shall become vested in
 Plebiscite Requirement – government of municipality.
approved by a majority of
the votes cast in a plebiscite V. POWERS OF LGUs
called for the purpose in the
political unit/s directly Classification of Powers of Local
affected (Sec. 10, R.A. 7160) Government Units
 Based on verifiable 1. Express, implied and inherent;
indicators of viability and 2. Public or governmental, private or
projected capacity to proprietary;
provide services (Sec. 7, R.A. 3. Intramural and extramural; and
7160) [Note: see Annex C] 4. Mandatory and directory; ministerial
and discretionary.
Beginning of Corporate Existence
 upon election and qualification Governmental Powers of LGU:
of its chief executive and 1. General Welfare – (Sec. 16, R.A.
majority of members of its 7160) statutory grant of police
Sanggunian, unless some other power to LGU’s. It is limited to:
time is fixed therefore by law or a. territoriality;
ordinance creating it. b. equal protection clause;
c. due process clause; and
 Mode of Inquiry to Legal
d. must not be contrary to law.
Existence of LGU: Quo warranto
2. Delivery of basic services and
which is reserved to State or
facilities – (Sec. 17, of R.A. 7160);
other direct proceedings
3. Power to generate and apply
resources – (Sec. 18, of R.A. 7160);
Abolition of LGU:
4. Eminent Domain – (Sec. 19, of R.A.
 When income, population, or land 7160);
area of LGU has been reduced to less Additional Limitations for Exercise
than minimum standards prescribed by LGU:
for its creation. The law or a. exercise by local chief executive
ordinance abolishing LGU shall pursuant to an ordinance;
specify the province, city, b. for public use, purpose or
municipality or barangay with which welfare for benefit of poor and
LGU sought to be abolished will be landless;
incorporated or merged. c. payment of just compensation;
and
Division and Merger of LGU’s d. only after valid and definite
 shall comply with same offer had been made to, and not
requirements, provided: accepted by owner.(Municipality
1. shall not reduce income, population of Parañaque v. V.M. Realty
or land area of LGU concerned to Corp., 292 SCRA 678)
less than the minimum requirements 5. Reclassification of Lands – (Sec. 20
prescribed; of RA 7160)
2. income classification of original LGU Limited by following percentage of
shall not fall below its current total agricultural land area:
income classification prior to a. for HUC and independent
division; component cities: 15%;
3. Plebiscite be held in LGU’s affected. b. for component cities and 1st to
4. Assets and liabilities of creation shall 3rd class municipalities: 10% ;
be equitably distributed between the and
LGU’s affected and new LGU. When c. for 4th to 6th class municipalities:
municipal district of other territorial 5%.
divisions is converted or fused into a 6. Closure and opening of roads – (Sec.
municipality all property rights 21 of RA 7160)
79
 Barangay Chairman has no

In case of permanent closure: veto power.
a. adequate provision for public Corporate Powers of LGU:
safety must be made; and 1. to have continuous succession in its
b. may be properly used or corporate name;
conveyed for any purpose for 2. to sue and be sued;
which other real property may 3. to have and use a corporate seal;
be lawfully used or conveyed; 4. to acquire and convey real or
provided no freedom park be personal property;
permanently closed without 5. power to enter into contracts;
provisions or transfer to new Requisites of valid municipal
site. contracts:
7. Local legislative power – (Secs. 48- a. LGU has express, implied, or
59 of RA 7160) inherent power to enter into a
Approval of ordinances: particular contract;
a. local chief executive with his b. Entered into by proper
signature on each and every department, board, committee,
page; or agent;
b. if local chief executive vetoes c. Must comply with substantive
the same, may be overridden by requirements;
2/3 vote of all sanggunian d. Must comply with formal
members; requirements; and
(i) grounds for veto: e. In case entered into by local
ordinance is ultra vires chief executive on behalf of
or prejudicial to public LGU, prior authorization by
welfare; Sanggunian concerned is
(ii) local chief executive needed
may veto particular 6. to exercise such other powers as
item/s of appropriation granted to corporation, subject to
ordinance, adoption of limitations provided in Local
local development plan Government Code of 1991 and other
and public investment laws.
plan, or ordinance
directing payment of VI. MUNICIPAL LIABILITY:
money or creating
liability; and Rule: Local government units and their
(iii) local chief executive officials are not exempt from liability for
may veto an ordinance death or injury to persons or damage to
only once; property (Sec. 24, R.A. 7160)
c. veto communicated to 1. Statutory provisions on liability:
sanggunian within 15 days for a. Art. 2189, Civil Code – defective
province and 10 days for city or condition of roads, streets,
municipality. bridges, public buildings, and
other public works;
Requisites for validity: b. Art. 2180(6th par.), Civil Code –
a. must not contravene the acts through a special agent;
Constitution and any statute; d. Art. 34, Civil Code – failure or
b. must not be unfair or oppressive; refusal of a member of the
c. must not be partial or police force to render aid and
discriminatory; protection in case of danger to
d. must not prohibit, but may life and property
regulate trade; 2. for Tort – depends if engaged in:
e. must not be unreasonable; and a. governmental functions – not
f. must be general in application liable;
and consistent with public policy. b. proprietary functions – liable

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
3. for Violation of Law punishable by 1 year or more of
4. for Contracts – if contract is: imprisonment within 2 after service
a. intra vires – liable; of sentence;
b. ultra vires – not liable 2. those removed from office due to
 Doctrine of Implied Municipal administrative cases;
Liability – a municipality may 3. those convicted by final judgment
become obligated upon an for violating oath of allegiance to
implied contract to pay the the Republic;
reasonable value of the benefits 4. those with dual citizenship;
accepted or appropriated by it as 5. fugitives from justice in criminal or
to which it has the general non-political cases here or abroad;
power to contract (Province of 6. permanent resident in foreign
Cebu v. IAC, 147 SCRA 447); the country; and
doctrine applies to all cases 7. insane or feeble-minded.(Sec.40,
where money or other property RA.7160)
of a party is received under such
circumstances that the general VIII. MANNER OF ELECTION
law, independent of an express 1. Elected at large
contract, implies an obligation to a. Governor; Vice Governor;
do justice with respect to the b. City or municipal mayor; City or
same (Nachura, Reviewer in municipal vice-mayor;
Political Law, p. 431) c. Punong barangay,
d. SK chairman, elected by voters
VII. QUALIFICATION OF ELECTIVE of Katipunan ng Kabataan
LOCAL OFFICIALS:
1. citizen of the Philippines; 2. Elected by District
2. registered voter of barangay, a. regular members of Sanggunian
municipality, city, province, or b. ex-officio members of
district where he intends to be Sanggunian
elected; (i.) panlalawigan
3. resident therein for at least 1 year  president of leagues of
preceding election; sanggunian members of
4. able to read and write Filipino or component cities and
local language or dialect; and municipalities; and
5. age:  president of liga ng mga
a. 23 years of age – Governor, Vice barangay and pederasyon
Governor, Board Member, Mayor, ng mga sanggunian
Vice Mayor or Member of City kabataan
Council for HUC’s. (ii.) panlunsod
b. 21 years of age – Mayor or Vice  president of liga ng mga
Mayor of ICC’s, component cities barangay and the
or municipalities; pederasyon ng mga SB
c. 18 years of age – members of (iii.) bayan
ICC or component city or  president of liga ng mga
municipal council or punong barangay and the
barangay or member of pederasyon ng mga
barangay council; sanggunian kabataan
d. at least 15 but not 21 years of
age – candidate for sanggunian 3. Sectoral representatives – women,
kabataan. worker, urban poor, and other
(Sec. 39, RA 7160) sectors allowed by law.
Disqualification of Elective Local Date of Election: Every 3 years on

Official: 2nd Monday of May, unless otherwise
1. sentenced by final judgment for provided by law.
offense involving moral turpitude or
81
Term of Office: 3 years starting 3. dishonesty, oppression, misconduct

from noon of June 30 next following in office, gross negligence or
the election or such date as may be dereliction of duty;
provided by law, except that of 4. commission of offense involving
elective barangay officials, for moral turpitude or offense
maximum of 3 consecutive terms in punishable by at least prision mayor;
same position. 5. abuse of authority;
Consecutive: After three 6. unauthorized absence for 15
consecutive terms, an elective consecutive working days except
local official cannot seek sanggunian members;
immediate reelection for a 7. application for, acquisition of ,
fourth term. The prohibited foreign citizenship or residence or
election refers to the next status of an immigrant of another
regular election for the same country; and
office following the end of the 8. such other grounds as may be
third consecutive term. Any provided in EC and other laws
other subsequent election, like a
recall election is no longer  Under Sec. 60 of RA 7160 an
covered by the prohibition elective local official may be
(Socrates vs. Comelec, G.R. No. removed from office on the
154512, November 12, 2002). grounds enumerated above
by order of the proper court
IX. GROUNDS FOR DISCIPLINARY only (Salalima vs Guingona,
ACTIONS: 257 SCRA 55)
1. disloyalty to the Republic;
2. culpable violation of the
Constitution;

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
PUBLIC INTERNATIONAL LAW
I. PUBLIC INTERNATIONAL LAW (iii)attended by opinio juris

- Law that deals with the or sense of legal
conduct of States and international obligation
organizations, their relations with each c. general principle of law.
other and, in certain circumstances,
their relations with persons, natural or 2. Subsidiary –
juridical (American Third Restatement) a. Judicial decisions;
b. writings of publicists; and
Main Divisions: c. Advisory Opinions of the ICJ.
1. Laws of Peace;
2. Laws of War; Constitution vs. Treaty
3. Laws of Neutrality. Generally, the treaty is rejected in the
local forum but is upheld by
Basis of International Law international tribunals as a demandable
1. Law of Nature School – based on obligation of the signatories under the
rules of conduct discoverable by maxim pacta sunt servanda.
every individual in his own
conscience and through application The treaty is always subject to
of right reasons. qualification or amendment by a
subsequent law, and the same may never
2. Positivist School – agreement of curtail or restrict the scope of the police
sovereign states to be bound by it power of the State. (Ichong v.
(express in conventional law, implied Hernandez, GR no.L-7995, May 31, 1957)
in customary law, and presumed in
general principles). Functions of International Law:
1. promote international peace and
3. Eclectic or Groatian School – a security;
compromise between the first 2 2. foster friendly relations among
schools and submits that nations and discourage use of force
international law is binding partly in resolution of difference among
because it is good and right and them;
partly because states agreed to be 3. provide for orderly regulation of
bound by it. conduct of states in their mutual
dealings; and
Sources of Public International Law: 4. ensure international cooperation in
1. Primary – pursuit of certain common purposes
a. international treaties and of economic, social, cultural, or
conventions; humanitarian character.
(i) law-making treaty (traite-
loi); INTERNATIONAL MUNICIPAL
(ii) contract treaty (traite- LAW LAW
contract). 1. Law of 1. Law of
coordination subordination
b. international customs; (issued by
political superior)
Requisites: 2. Regulates 2. Regulates
(i)Prevailing practice by a relation of states relations of
number of states; and other individuals among
(ii)repeated over a international themselves or
considerable period of persons with their own
time and; states
83
3. Derived 3. Consists mainly of When recognized, considered as a

principally from statutory separate state for purposes of
treaties, enactments, and
conflict and entitled to all rights and
international to lesser extent
customs and executive orders subjected to all obligations of a full-
general principles and judicial pledged belligerent under laws of
of law pronouncements war.
United Nations – international

organization created at San
4. Resolved thru 4. Redressed thru
state-to-state local Francisco Conference held in the US
transactions administrative from April 25 to June 26, 1945. UN
and judicial succeeded the League of Nations and
processes is governed by a charter that came
into force on October 24, 1945.
5. Collective 5. Breach of which
responsibility entails individual
because it responsibility
Principal Purposes of UN
attaches directly 1. Maintain international peace and
to the state and security;
not to its 2. Develop friendly relations among
nationals nations;
3. Achieve international
cooperation: and
Doctrine of incorporation – 4. Center for harmonizing actions
international law are adopted as part of of nations for attainment of
a state’s municipal law, by a general these common goals.
provision or clause usually in its
Constitution. (Sec. 2, Art. II, 1987 Qualifications for Membership:
Constitution) 1. must be state;
2. must be peace loving;
Doctrine of transformation – requires 3. must accept obligations of
the enactment by the legislative body of member-states contained in
such international law principles as are Charter; and
sought to be part of municipal law. 4. must be able and willing to carry
out such obligation.
II. SUBJECTS OF INTERNATIONAL
LAW: Principal Organs of UN:
- entity that has rights and 1. General Assembly – central
responsibilities under international organ where all members are
law and having capacity to maintain represented. Classification of
its rights by bringing international functions: deliberative,
claims, includes: supervisory, financial, elective,
constituent.
1. States, independent and dependent; 2. Security Council – organ
2. Colonies and dependencies; responsible for maintenance of
3. Mandates and trust territories; peace and security, undertake
4. The Vatican; preventive and enforcement
5. The United Nations; actions.
6. Belligerent Communities; 3. Economic and Social Council –
7. International administrative Bodies; exerts efforts towards higher
and standards of living, solutions of
8. Individuals, to a certain extent. international economic, social,
health and related problems,
Belligerent Community – group of universal respect for and
rebels under an organized civil observance of human rights
government who have taken up arms and fundamental freedoms.
against legitimate government.

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
4. Trusteeship Council – organ Principle of State Continuity – the
charged with administration of state continues as a juristic being
International Trusteeship notwithstanding changes in its
System (idle council); circumstances provided only that
5. International Court of Justice such change do not result in the loss
– judicial organ of UN; World of any of its essential elements
Court governed by Statute
which is annexed to and made III. RECOGNITION
part of UN charter;  act by which a state
 Jurisdiction: decide issues acknowledges existence of
referred to it (consensual). another state, government or
a. interpretation of belligerent community and
treaty; indicates its willingness to deal
b. question of with the entity as such under
international law; rules of international law.
c. existence of fact Theories:
constituting a breach 1. Declaratory – merely affirms an
of international existing fact like the possession by
obligation; the state of the essential elements.
d. nature or extent of the Discretionary and political;
reparation to be made 2. Constitutive - it is the act of
for the breach of an recognition that constitutes the
international entity into an international person.
obligation. Compulsory and legal; may be
6. Secretariat – chief compelled once the elements of a
administrative organ of UN. state are established.
State – a group of people, living together Objects:

in a fixed territory, organized for 1. State – generally held to be
political ends under an independent irrevocable and imports the
government and capable of entering recognition of its govt.
into international relations with other 2. Government – may be withdrawn
states and does not necessarily signify the
Creation of State: (RUSIA2) existence of a state, as the
1.by peaceful acquisition of government may be that of a mere
Independence (Philippines) ; colony.
2. by Revolution (USA); 3. Belligerent community – rebels are
3. by Unification of several accorded international personality
states (Italy); only in connection with the
4.by Secession (Bangladesh); hostilities they are waging.
5.by Agreement (Netherlands);
and Kinds:
6.by Attainment of civilization 1. express or implied; and
(Japan). 2. conditional or permanent
Extinction of State: ( MA2D2EP) Effects of Recognition of a State or

1. Overthrow of government Government:
resulting in anarchy; 1. Diplomatic relations;
2. Emigration en masse of its 2. Right to sue in courts of recognizing
population; state;
3. Annexation; 3. Right to possession of properties of
4. Merger or unification; predecessor on the reorganizing
5. Dismemberment; state.
6. Dissolution of federal union; 4. All acts of the recognized state or
7. Partial loss of independence government are validated
retroactively, preventing the
85
recognizing state from passing upon 1. Government is stable and effective;

their legality in its own courts. 2. No substantial resistance to its
authority;
Conditions for Recognition of 3. The government must show
Belligerency: willingness and ability to discharge
1. organized civil government; its international obligations; and
2. rebels occupy a substantial portion 4. The government must enjoy popular
of territory; consent or approval of the people.
3. conflict is serious and outcome is  absence of one – recognition de
uncertain; facto
4. rebels are willing to observe the laws
of war. RECOGNITION RECOGNITION
 absence of one – state of DE JURE DE FACTO
insurgency
1. Relatively 1. Provisional
Effects of Recognition of Belligerency: permanent (duration of
1. Responsibility for acts of rebels armed struggle)
resulting to injury to nationals of
recognizing state shall be shifted to
2. vests title to 2. does NOT vest
rebel government; properties of title to
2. The legitimate government government properties of
recognizing the rebels as belligerents abroad government
shall observe laws/customs of war in abroad
conducting hostilities;
3. Third states recognizing belligerency 3. brings about full 3. limited to
should maintain neutrality; diplomatic certain juridical
4. Recognition is only provisional and relations relations
only for purposes of hostilities.
Wilson/Tobar Doctrine – precludes IV. FUNDAMENTAL RIGHTS OF STATES

recognition of government established by (TILE2)
revolution, civil war, coup d’etat or 1. Existence and self-defense;
other forms of internal violence until the 2. Sovereignty and
freely elected representatives of people Independence;
have organized a constitutional 3. Equality;
government (Ecuadorian Foreign 4. Territorial Integrity and
Minister Tobar and US Pres. Woodrow jurisdiction;
Wilson) 5. Legation or diplomatic
intercourse
Stimson Doctrine – precludes recognition
of any government established as result A. RIGHT TO EXISTENCE AND SELF-
of external aggression (US Sec of State DEFENSE
Henry Lewis Stimson)  most comprehensive as all other
rights of state flow from it;
Estrada Doctrine – dealing or not dealing  state may take measures
with the government established through including use of force as may be
a political upheaval is not a judgment on necessary to counteract any
the legitimacy of the said government danger to its existence.
(Mexican Minister Genaro Estrada)
Aggression – use of armed force by a

Requisites for recognition de jure: state against sovereignty, territorial

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
integrity or political independence of states, the boundary line
another state or in other manner is laid on the middle of
inconsistent with the UN charter. the main navigable
channel.
Requisites for Proper Exercise of Right (iB) Middle of the Bridge
of Self-defense: Doctrine – where there is
1. armed attack; a bridge over a boundary
2. self-defensive action taken by river, the boundary line is
attacked state must be reported middle or center of the
immediately to Security Council; and bridge.
3. such action shall not in any way (ii) bays and gulfs
affect right of Security Council to (iii) strait
take at any time action as it deems b. Archipelagic waters
necessary to maintain or restore
international peace and security. ARCHIPELAGO DOCTRINE – The waters
around, between and connecting the
B. RIGHT OF SOVEREIGNTY AND islands of the archipelago regardless of
INDEPENDENCE their breadth and dimensions are to be
treated as internal waters
Sovereignty – totality of the powers, Two kinds of archipelago:
legal competence, and privileges arising 1. coastal – situated close to a
from customary international law, and mainland and may be
not dependent on the consent of another considered a part thereof;
state e.g. Loften Islands, Norway.
2. mid-ocean – situated in the
Independence – means freedom from ocean at such distance from
control by other state or group of states the coasts of firm land. e.g.
and not freedom from the restrictions Indonesia.
that are binding on all states forming the c. Territorial sea
family of nations; carries with it by d. Submarine area
necessary implication the correlative
duty of non-intervention 3. Aerial domain
C. RIGHT OF EQUALITY MODES OF LOSS

 every state is entitled to same ACQUIRING OF
protection and respect as are TERRITORY TERRITORY
available to other state under 1. Discovery and 1. Dereliction
rules of international law. occupation
2. Cession 2. Cession
D. RIGHT TO TERRITORIAL INTEGRITY
3. Accretion 3. Conquest
AND JURISDICTION
4. Prescription 4. Erosion, or other
Components of the Territory of A State: natural causes
1. Terrestrial – land mass on which the 5. Conquest and 5. Prescription
inhabitants live; subjugation
2. Maritime and Fluvial
a. internal or national waters –
bodies of water within the land Bases of Jurisdiction:
mass, among them are: 1. Territorial principle – vests
(i) rivers – which may be (a) jurisdiction in state where offense
national; (b) boundary; (c) was committed (Art. 14, NCC);
international 2. Nationality principle – vest
(iA) Thalweg Doctrine – for jurisdiction in state of offender (Art.
boundary rivers, in the 15, NCC, tax laws);
absence of an agreement 3. Protective principle – vest
between the riparian jurisdiction in state whose national
87
interests is injured or national 7. Warships and other public vessels of

security compromised another State operated for non-
(counterfeiting, treason, espionage); commercial purposes.
4. Passive personality principle –
vests jurisdiction in state of Rules on Jurisdiction Under the Visiting
offended party. Forces Agreement
5. Universality principle – vest 1. Exclusive jurisdiction over US
jurisdiction in state which has personnel
custody of offender of universal a. Offenses punishable under Phil
crimes (piracy, genocide); laws but not under US laws –
Philippine
Genocide – acts committed with intent b. Offenses punishable under US
to destroy, in whole and in part a laws but not under Phil laws - US
national, ethnic, racial, or religious 2. Concurrent jurisdiction - Phil
group by: authorities shall have primary right
1. killing members of the group; to exercise jurisdiction over all
2. deliberately inflicting on group offenses committed by US personnel
conditions of life calculated to bring except:
about its physical destruction in a. violations of US military laws;
whole or in part; b. Offenses punishable under US
3. imposing measures intended to laws but not under Phil laws;
prevent births within the group; c. Offenses solely against the
4. causing serious bodily or mental property or security of the US or
harm to members of the group; and against the property or person of
5. forcibly transferring children of the US personnel;
group to another . d. Offenses arising out of any act or
omission done in performance of
Five Air of Freedoms for Scheduled official duty.
International Services: *in a, b, c, & d above, the US
1. freedom to fly across foreign Military authorities have primary
territory without landing; jurisdiction.
2. freedom to land for non-traffic 3. The authorities of either government
purposes; may request the authorities of the
3. freedom to put down traffic other government to waive the
originating in state of aircraft; primary right to exercise jurisdiction
4. freedom to embark traffic destined in a particular case.
for state of aircraft; and 4. Upon request by the US, Phil
5. freedom to embark traffic destined authorities may waive primary
for, or to put down traffic coming jurisdiction over offenses committed
from, third state. by US personnel except cases of
particular importance to the
Exemptions from Jurisdiction: Philippines such as violations of the
1. Doctrine of State Immunity; Heinous Crimes Act, Anti-Drugs Law,
2. Act of State Doctrine – court of one Anti-Child Abuse Law.
state will not sit in judgment over
acts of government of another state Doctrine of Hot Pursuit
done in its territory. Requisites:
3. Diplomatic Immunity; 1. Pursuit commence from internal
4. Immunity of UN Specialized water, territorial sea or
agencies, other International contiguous zone of pursuing
Organizations, and its Officers; state;
5. Foreign Merchant vessels exercising 2. Continuous and unabated;
the right of innocent passage; 3. Conducted by warship, military
6. Foreign armies passing through or aircraft, government ships
stationed in the territory with the authorized for the purpose;
permission of the State;

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
4. Ceases as soon as the ship being Kinds of Consuls
pursued enters the territorial sea 1. consules missi – professional or
of its own, or of a third, state. career consuls who are nationals of
sending state and are required to
E. RIGHT OF LEGATION devote their full-time to discharge
 right of state to maintain their duties; and
diplomatic relations with other 2. consules electi – may or not be
states nationals of sending state and
 Governed by the Vienna perform consular functions only in
Convention on Diplomatic addition to their regular callings.
Relations (1961) Ranks:
1. consul-general – heads several
Active right of legation – send consular districts, or one
diplomatic representatives exceptionally large consular
Passive right of legation – district;
receive diplomatic 2. consul – takes charge of a small
representatives district or town or port;
3. vice-consul – assists the consul;
Agents of Diplomatic Intercourse: and
1. head of state; 4. consular agent – usually
2. foreign secretary of minister; or entrusted with the performance
3. members of diplomatic service. of certain functions by the
consul.
Functions of Diplomatic Missions:
1. representing sending state in Privileges and Immunities Accorded to
receiving state; Diplomatic Envoy: (PCLIST)
2. protecting in receiving state 1. Inviolability of premises and
interests of sending state and its archives;
nationals; 2. Right of official communications;
3. negotiating with government of 3. Exemption from local
receiving state; jurisdiction;
4. promoting friendly relations between 4. Personal inviolability;
sending and receiving states and 5. Exemption from subpoena; and
developing their economic, cultural 6. Exemption from taxation/custom
and scientific relations; duties.
5. ascertaining by all lawful means
conditions and developments in Exterritoriality – exception of persons
receiving state and reporting and property from local jurisdiction on
thereon to government of sending basis of international customs.
state; and
6. in some cases, representing friendly  If the acts giving rise to a suit
governments at their request. are those of a foreign
government done by its foreign
Agreation – process in appointment of agent, although not necessarily a
diplomatic envoy. Where states resort to diplomatic personage, but acting
an informal inquiry (enquiry) as to the in his official capacity, the
acceptability of a particular envoy, to complaint could be barred by the
which the receiving state responds with immunity of the foreign
an informal conformity (agreement). sovereign from suit without its
consent. (Municher vs. CA, G.R.
Letre de Creance(Letter of Credence) – No. 142396, February 11, 2003)
with the name, rank and general
character of his mission, and a request V. TREATY
for favorable reception and full - An international agreement
credence. concluded between states in written
form and governed by international law
89
whether embodied in a single instrument to regulate the relations between the

or in two or more related instruments church and the state in those matters
(Vienna Convention on the Law of which, in some respect are under the
Treaties, 1969) jurisdiction of both.
Requisites: (SCRAD) Pacta Sunt Servanda – “Every treaty in

1. Entered into by parties having force is binding upon the parties to it
treaty-making capacity; and must be performed by them in good
2. Through their authorized organs or faith.” (Art. 26, Vienna Convention on
representatives; the Law of Treaties).
3. Without attendance of duress,
fraud, mistake or other vices of Rebus Sic Stantibus – legal principle
consent; which would justify non-performance of
4. Lawful subject matter and object; treaty obligations where an unforeseen
and or substantial changes occur which
5. Ratification in accordance with would render one of the parties thereto
their respective constitutional unable to undertake treaty obligations as
processes. stipulated therein.
Effect of Unwritten Treaty Most Favored Nation Clause – pledge

1. has legal force; made by a contracting party to a treaty
2. convention rules on matters to grant to other party treatment not
governed by international law less favorable than that which had been
independently of convention shall given or may be granted to the most
apply; and favored among parties.
3. convention rules apply to the
relations of states as between Interpretation of Treaties
themselves under international 1. Founding Father Test;
agreement with other subjects as 2. Literal or textual;
parties. 3. “Teleological aims and objects”
school
Steps in Treaty-making Process:
1. Negotiation; Termination of Treaty: (NEW DEVIL
2. Signature; (made) VITAL) ACCOMPLISHMENT
3. Ratification; 1. expiration of term;
4. Exchange of instruments of 2. accomplishment of purpose;
ratification; and 3. impossibility of performance;
5. Registration with UN. 4. loss of subject matter;
5. novation;
Doctrine of Unequal Treaties – treaties 6. desistance of parties;
which have been imposed in an unequal 7. extinction of one of parties, if treaty
character, are void. is bipartite;
8. occurrence of vital change of
Jus Cogens – customary international circumstance;
law that has attained the status of a 9. outbreak of war; and
peremptory norm, accepted and 10. voidance of treaty.
recognized by the international
community of states as a rule from which Protocol de cloture – an instrument
no derogation is permitted and can be which records the winding up of the
modified only by a subsequent norm proceedings of a diplomatic conference
having the same character. e.g customs and usually includes a reproduction of
out-lawing slave trade, genocide, the texts of treaties, conventions,
terrorism, etc. recommendations and other acts agreed
upon and signed by the plenipotentiaries
Concordat – a treaty or agreement attending the conference. It is not the
between ecclesiastical and civil powers treaty itself and does not require the

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
concurrence of the Senate. (Tañada v. circumstances he appears to be in fact
Angara, 272 SCRA 18). most closely connected. (Frivaldo v.
Comelec, 174 SCRA 245)
Statelessness – condition or status of
TREATY EXECUTIVE individual who is born without any
AGREEMENT nationality or who loses his nationality
1. Basic political 1. adjustment of without retaining or acquiring another.
issues ; changes details carrying
of national out established Treatment of Stateless Individual
policies national policies - international conventions provide that
permanent 2. temporary stateless individuals are to be treated
international arrangements
more or less like the subjects of a
agreements
foreign state.
Reintegration – recovery of nationality

Validity of the Balikatan Exercises
by individuals who are natural born
- The VFA permits United States
citizens of a state, but who lost their
personnel to engage, on an impermanent
nationality.
basis, in "activities," the exact meaning
of which was left undefined. The
VII . TREATMENT OF ALIENS
expression is ambiguous, permitting a
wide scope of undertakings subject only
to the approval of the Philippine  Flowing from its right to
government. After studied reflection, it existence and as an attribute of
appeared farfetched that the ambiguity sovereignty, no State is under
surrounding the meaning of the word obligation to admit aliens. The
"activities" arose from accident. In our State can determine in what
view, it was deliberately made that way cases and under what conditions
to give both parties a certain leeway in it may admit aliens
negotiation. In this manner, visiting US
forces may sojourn in Philippine territory Deportation – expulsion of an alien
for purposes other than military. considered undesirable by local state,
As conceived, the joint exercises usually but not necessarily to his own
may include training on new techniques state.
of patrol and surveillance to protect the
nation's marine resources, sea search- Reconduction -- forcible conveying of
and-rescue operations to assist vessels in aliens back to their home state without
distress, disaster relief operations, civic any formalities
action projects such as the building of
schoolhouses, medical and humanitarian A. Doctrine of State Responsibility -
missions, and the like (Lim vs. Honorable state may be held liable for injuries
Executive Secretary, G.R. No. 151445, and damages sustained by the alien
April 11, 2002). while in the territory of the state
provided:
VI . NATIONALITY AND STATELESSNESS 1. the act or omission constitutes
an international delinquency;
Doctrine of Effective Nationality 2. the act or omission is directly
– expressed in Art.5 of the Hague or indirectly imputable to the
Convention of 1930 on the Conflict of State; and
Nationality Laws that states that within 3. injury to the claimant State
a third State a person having more than indirectly because of damage to
one nationality shall be treated as if he its national.
had only one – either the nationality of Direct State Responsibility – where the
the country in which he is habitually and international delinquency was
principally resident or the nationality of committed by superior government
the country with which in the officials or organs like the chief of state
or the national legislature, liability will
91
attach immediately as their acts may not - surrender of a fugitive by one state
be effectively prevented or reversed to another where he is wanted for
under the constitution or laws of the prosecution or, if already convicted, for
state. punishment. Surrender is made at
request of latter state on basis of
Indirect State Responsibility – where extradition treaty.
the offense is committed by inferior
government official or by private General Principles:
individuals, the state will be held liable 1. Based on consent expressed through
only if, by reason of its indifference in treaties
preventing or punishing it, it can be 2. SPECIALTY- a fugitive who is
considered to have connived in effect in extradited may be tried only for the
its commission. crime specified in the request for
extradition and included in the list
International Standard of Justice – the of offenses in the treaty.
standard of the reasonable state that is, 3. NON-LIST TYPE OF TREATY- offenses
as referring to the ordinary norms of punishable under the laws of both
official conduct observed in civilized states by imprisonment of one year
jurisdiction; thus, to constitute an or more are included among the
international delinquency, the treatment extraditable offenses.
of an alien should amount to an outrage, 4. Any person may be extradited; he
bad faith, willful neglect of duty, and need not be a citizen of the
insufficiency of governmental action that requesting State
every reasonable and impartial man 5. Political or religious offenders are
would readily recognize its insufficiency. generally not subject to extradition
Calvo Clause – provision frequently  Attentat Clause–

inserted in contracts where nationals of assassination of head of
another state renounce any claim upon state or any member of his
his national state for protection. family is not regarded as
 But such waiver can be legally political offense for purposes
made only by alien’s state. of extradition. Also for the
crime of genocide.
B. Refugees
Requisites: 6. offense must have been
1. Those who are outside the country of committed within the territory
his nationality or if stateless, outside or against the interest of the
the country of his habitual demanding State
residence; 7. double criminality -- act for
2. Lacks national protection; and which the extradition is sought
3. Fears persecution. must be punishable in both
States
Non-refoulement – prohibits a state to
return or expel refugee to the territory Procedure for Extradition (Judicial
where he escaped because his life or and diplomatic process of request
freedom is threatened. The state is and surrender) PD 1069
under obligation to grant temporary 1. Request through diplomatic
asylum. (Refugee Convention of 1951) representative with:
Diplomatic Asylum – refuge in a. decision of conviction;
diplomatic premises b. criminal charge and warrant
of arrest;
Political Asylum - refuge in another c. recital of facts;
state for political offense, danger to life, d. text of applicable law
no assurance of due process. designating the offense;
e. pertinent papers;
C. Extradition 2. DFA forwards request to DOJ;
Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
3. DOJ files petition for 8. Individual placed at the
extradition with RTC; disposal of the authorities of
4. Upon receipt of a petition for requesting state – costs and
extradition and its supporting expenses to be shouldered
documents, the judge must study by requesting state.
them and make, as soon as
possible, a prima facie finding  A state may not compel another
whether (a) they are sufficient in state to extradite a criminal without
form and substance, (b) they going through the legal processes
show compliance with the provided in the laws of the former.
Extradition Treaty and Law, and  Due process requirement
(c) the person sought is complied at the RTC level upon
extraditable. At his discretion, filing of petition for extradition.
the judge may require the No need to notify the person
submission of further subject of the extradition
documentation or may personally process when the application is
examine the affiants and still with the DFA or DOJ
witnesses of the petitioner. If,
 Extradition is not a criminal
in spite of this study and
examination, no prima facie proceeding which will call into
finding is possible, the petition operation all the rights of an
may be dismissed at the accused provided in the bill of
discretion of the judge. rights
 For the provisional arrest of an
On the other hand, if the accused to continue, the formal
presence of a prima facie case is request for extradition is not
determined, then the magistrate required to be filed in court – it
must immediately issue a only needs to be received by the
warrant for the arrest of the requested state in accordance
extraditee, who is at the same with PD 1069
time summoned to answer the
petition and to appear at Entitlement to Bail
scheduled summary hearings. As suggested by the use of the word
“conviction,” the constitutional
provision on bail, as well as Section 4 of
 Prior to the issuance of the warrant, Rule 114 of the Rules of Court, applies
the judge must not inform or notify only when a person has been arrested
the potential extraditee of the and detained for violation of Philippine
pendency of the petition, lest the criminal laws. It does not apply to
latter be given the opportunity to extradition proceedings, because
escape and frustrate the extradition courts do not render
proceedings. The foregoing judgments of conviction or acquittal.
procedure will “best serve the ends Exception: after a potential extraditee
of justice” in extradition cases; has been arrested or placed under the
(Government of the US vs. Hon. custody of the law, bail may be applied
Purganan and Mark Jimenez G.R. No. for and granted only upon a clear and
G.R. No. 148571. September 24, convincing showing (1) that, once
2002) granted bail, the applicant will not be a
5. hearing (provide counsel de flight risk or a danger to the community;
officio if necessary); and (2) that there exist special,
6. appeal to CA within ten days humanitarian and compelling
whose decision shall be final circumstances including, as a matter of
and executory; reciprocity, those cited by the highest
7. Decision forwarded to DFA court in the requesting state when it
through the DOJ; grants provisional liberty in extradition
cases therein. (Government of the US vs.
93
Hon. Purganan and Mark Jimenez G.R. Retorsion – retaliation where acts
No. G.R. No. 148571. September 24, complained of do not constitute legal
2002) ground of offense but are rather in
nature of unfriendly acts done in
VIII . INTERNATIONAL DISPUTE pursuance of legitimate state interest
 actual disagreement between states but indirectly hurtful to other states.
regarding conduct to be taken by
one of them for protection or Reprisal – unlawful acts taken by one
vindication of interest of other. state in retaliation for also unlawful acts
 Art. 33 of the UN Charter provides of another state, purpose being to bring
that the parties to any dispute shall offending state to terms. Includes:
first seek a solution through pacific 1. Display of force;
or amicable methods 2. Pacific blockade;
3. Occupation of territory; and
Amicable Methods of Settling Disputes: 4. Suspension of treaties;
(JC MARGEN) 5. Embargo – detention by state
1. Negotiation seeking redress of vessels of
2. Enquiry offending state or its nationals,
3. Tender of Good offices whether such vessels are found
4. Mediation in territory of former or in the
5. Conciliation highseas.
6. Arbitration
7. Judicial settlement; and X. WAR
8. Resort to regional and international  armed contention between
organizations. public forces of states or other
belligerent communities implying
Hostile methods: (SIR2) employment of force between
1. Severance of dipomatic relations; parties for purpose of imposing
2. Intervention; their respective demands upon
3. Reprisal; each other.
4. Retorsion.
Basic Principles of War:
Intervention – act by which state 1. Principle of Military necessity –
interferes with domestic or foreign belligerents may employ any amount
affairs of another state through the use and kind of force to compel
of force or threat of force. complete submission of enemy with
least possible loss of lives, time and
When Intervention is Sanctioned: money;
1. as an act of self-defense; 2. Principle of Humanity – prohibits
2. when decreed by the Security use of any measure that is not
Council as a preventive or absolutely necessary for purposes of
enforcement action for the war; and
maintenance of international peace 3. Principle of Chivalry – basis of such
and security; rules as those that require
3. when such action is agreed upon in a belligerents to give proper warning
treaty; or before launching a bombardment or
4. when requested from fellow states prohibit use of perfidy (treachery) in
or from the United Nations by the conduct of hostilities.
parties to a dispute or a state beset
by rebellion. Participants in War:
1. Combatants
Drago Doctrine – intervention not a. non-privileged;
allowed for purpose of making state pay b. privileged.
its public debts. 2. Spies;
3. Mercenaries.

Geronilla, Mary
Ma.Melissa Yoro,
Joy Zabala
Rights of a Prisoner of War: 3. defeat of one of belligerents.
1. To be treated humanely;
2. Not subject to torture;
3. Allowed to communicate with their
families;
4. Receive food, clothing, religious X. NEUTRALITY
articles, medicine;  condition of state that does not
5. bare minimum of information; take part, directly or indirectly
6. keep personal belongings in war between other states.
7. proper burial;
8. group according to nationality;
9. establishment of an information Angary – belligerent may upon payment
bureau; of just compensation, seize, use or
10. repatriation for sick and wounded destroy, in case of urgent necessity for
(1949 Geneva Convention) purposes of offense or defense neutral
Termination of War: property found in its territory, in enemy
1. simple cessation of hostilities; territory or on high seas.
2. conclusion of a negotiated treaty of
peace; and
NEUTRALITY NEUTRALIZATION
1. dependent on 1. result of treaty

attitude of wherein
neutral state, duration and
which is free to other conditions
join either of are agreed upon
belligerents any by neutralized
time it sees fit state and other
states
2. governed by laws 2. governed by

of nations neutralization
agreement
3. obtains only 3. intended to

during war operate in peace
and in war
4. only states may 4. applicable to

become neutral portion of state

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San Beda College of Law

rights. There may thus be a Extraterritorial – authority over

Imperium - the state’s authority to Government – that institution or

Effect of Belligerent Occupation - Government of the Republic of the

Doctrine of Parens Patriae – government Who may exercise: generally, the

FUNDAMENTAL Two stages:

POLITICAL LAW COMMITTEE

iv. owner is deprived of benefits exceed the

f. Origin of appropriation, revenue, Double Taxation – additional taxes are

 Any doubt regarding the 3. object

POLITICAL LAW COMMITTEE

POLICE EMINENT TAXATION

1. Regulates Affects only Affects only

2. Exercised Maybe Exercised 2. Lawful means 2. Private property;

4. Property Property is Property is

5. Compensa Compensati Compensatio

6. Contracts Contracts Contracts

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

POLITICAL LAW COMMITTEE

1. Probable Cause 3. After personally examining under

5. The warrant must describe

3. right to remain silent; 7. secret detention places, etc., are

 Sec. 2 of RA No. 7438 provides that

Hearing: whether bail is a matter of

5. Right to speedy, impartial and XV.RIGHT TO SPEEDY DETERMINATION

XVI. SELF-INCRIMINATION Except:

 Dismissal of action, when made at  The time-bar cannot be applied

Crimes covered: XXII. EX POST FACTO LAW AND BILL OF

3. Referendum and Initiative Referendum – power of the electorate

6. PARDONING POWER AMNESTY PARDON

6. May be granted 6. Can be granted 12. OTHER POWERS

8. DIPLOMATIC POWER (SEC. 21, ART. general supervision – mere

I I. JUDICIAL POWER Qualifications

a. Lower Courts – hold office during Composition:

3. Electoral Tribunal for Presidential 8. Power of administrative supervision

Policy of Strict Necessity (Rescue Army  A definite and Two aspects:

1. entrance on bases other than Qualifications:

V. THE OMBUDSMAN Powers, Functions and Duties:

- The Constitution and RA 6770 (The Article XII :

2. use and enjoyment of nation’s Stewardship Doctrine – Private property

likewise, claim just compensation for the Article XIV : EDUCATION

Basis: The state may not be sued without 2. implied consent

 no amendment in this manner

Two necessary conditions: Administrative Appeal or Review

C. DETERMINATIVE POWERS Effect of Failure to Exhaust

I.PUBLIC OFFICE two senses:

3. Under color of a known election points of law to

DE JURE DE FACTO Legal Effects of Acts

recommending authority or of the (3) 1. statutory liability under the Civil

POLITICAL LAW COMMITTEE

iii. those which threaten - R.A. 3019 makes it mandatory for

POLITICAL LAW COMMITTEE

8. abolition of office; f. Municipal Mayors and Vice

I.SUFFRAGE Peter Sison v. COMELEC,

POLITICAL LAW COMMITTEE

II. POLITICAL PARTY

POLITICAL LAW COMMITTEE

2. Public exhibition of a movie,

Election Survey Issues which may be raised in a Pre-

cannot declare 2nd title to office who solicits or receives, directly

POLITICAL LAW COMMITTEE

I. LOCAL GOVERNMENT CODE OF 1991

Effectivity: January 1, 1992 1. Territorial and subdivisions of State