Bicameral – 2 houses must vote separately

3 kinds of initiative
1. Consti – the public in general
2. Local statute and legislation
3. Statutes or law

Can consti be amended via own initiative

- Initiative law is insufficient, only national and local laws but not in the constitution

Constitution
- Which are self executing
o Rules
 Distinguish – a provision which lays down a general principle is usually not
self executory, but a provision which is complete in itself and does not
require laws be required.
 All provisions are self executing unless it provides that enabling legislation
is required (as may be provided by law).

National Territory
- EEZ 200 nm
o Explore and exploit
- Territorial Sea 12 nm
- Contiguous Zone 24 nm
o Outside the 12nm, no more power to arrest
o Pero pwede parin I confiscate
o Custom and tariff laws apply
- Continental Shelf 150nm
o Sovereign rights to the exclusion of others

Maritime dispute
- Governed by unclos
Territorial dispute
- Subject to arbitration

General Principles and State Policies

Sample Problems
IF a law is passed on federalism, dividing the Philippines into 3 regions, each constituting a
separate state
- Federalism cannot be made via law, it is unconstitutional, because it violates national
territory, and replaces the democratic state, replacing it into a confederation
- What needs to be revised?
Section 22 art 2, which promotes the indigenous cultural community and national unity and
development
Article 10 section 14, only 2 autonomous regions, ARMM and CAR
Art 2, Sovereignty – independence of one republic and not 3 separate states.

Libingan ng mga bayani

- Constitution is a post dictatorship chapter, is there a violation of art 11 and the
declaration of state policies
- Ocampo v enriquez, NONE
o There is nothing in the constitution which prohibits the burial of a former
president in the libingan ng mga bayani
o RA 6173, the Code of ethical standards
o RA 7080, 9485, pinasa ng congress, but without language which prohibits the
burial of president marcos in the libingan ng mga bayani
o Which these condemn the violations of Human rights
o They should have placed it under law.

Anti VAWC law

9262, only men can be charged under this law
- Under the family code, the obligation to provide support is joint and mutual
- Pero pag di nag bigay ang lalaki under 9262, pwedeng ipakulong?
- There is also a temporary protection order under this law, pwedeng paalisin ang lalaki sa
bahay na pinundar nya! LOL
- Constitutional? Yes!
o There’s a substantial distinction, because the fact that women are more prone to
violence and discrimination
o The distinction is germane to the law.
o Under the constitution, state principle, protection to women lang ang kasama!
o We should amend the constitution
o Discrimination is not prohibited itself as long as there is a valid distinction – Garcia
v. Drillon

Conscientious objector
- Can refuse to provide service based on their religious beliefs.
- You cannot sue the doctor, because there is a conscientious objection clause
- Constitutional?
o Unconstitutional, because it is a discriminatory and violative act
 Against the right to life of the unborn child
 Conscience is not only in the private hospitals, the protective robe that
guarantees the free exercise does not remove conscience when you join a
private hospital
DOST and food manufacturer
- GMO plants
- CA pinagbawal (injunction) are they correct?
o Yes, the SC invented a new animal “Precautionary principle”
o The prevention of harm against those wanting to change the status quo
o Healthful ecology, and precautionary principle, the one tho has the onus of
proving safety is the one being charged, ikaw ang kumumbinsi samin, in the
meantime, bawal mo itanong samin yan. (against the rules of evidence yan. Hence
a new animal).
o It bridges the gap where scientific certainty cannot be achieved.
o When in doubt, cases should be decided in favor of healthful ecology.

BBL- associated state, a state within a state, unlike a federalist system (independent state)
- 1 philippines, but an associated state where they can form laws where other states are
not covered.
- Constitutional?
o This is unconstitutional, in the case of Cotobato v. Gov’t
o The SC states that an associated state is not recognized in the constitution
o Because under the consti, there are only 2 autonomous regions
o The concept goes beyond any power given to the LGUs by the constitution
o It does not contemplate any state other than that of the Philippine state.

Theory of incorporation
- Renounces war as an instrument, and accepts the general principles of international law
as parts of the general principles, kasama ba lahat?
o No, under ang Ladlad, there are conventions that are not included under public
customs, policies
o Ang mga kasunduan na ito ay soft laws.
 E.g. SSM, dapat kasama?
 SC: this is not found in any other source of international law
 There should be a basis in any source of international law.
o There should be state practice, and opinion juris
 Opinion juris- dapat batas sila sa ibang bansa

Legislative Department
Internal government of congress
What does majority vote mean?
- 50%+1?
o Congress says 50+1 does not exist, magkakaron kasi ng .5
o Dapat a number greater than half. So a majority of 23 is 12
 Santiago v. Guingona
 Walang provision sa constitution na 50+1
How do you select the minority leader
- By tradition, yung natatalo sa senate presidency, ang minority floor leader
- Pero dahil si Miriam, maraming kaaway, hindi si Miriam ang nanalo
- Majority parin ang nag decide on who is the minority floor leader
o SC – WALA KAMING PAKELAM
 The senate is a collegial body that determines its rules, so whatever the
majority wants, will prevail.
 Edi majority rin ang pipili. LOL
 Santiago v. Guingona uli
o The house may decide on officers other than that of the speaker
o The method of choosing is merely derivative of the prerogative of the house.
Constitutional respect for a co-equal branch gives the judiciary no power to go
into against a co-equal branch of government

Shifting Majority
- Diba mahalaga ang quorum?
- Ano ang quorum?
o Kasama baa ng senador na naka kulong?
o De lima, 22 or 23 ang bilang?
 SC states kung sino ang nasa pilipinas, yung ang kasama sa quorum
 Who are within the jurisdiction of the senate.
 De lima, kasama sa bilang.
o A quorum is not 50+1
 It is more than half, a number which allows you to do business.

Can courts intervene in the internal rules?

- Nope! See Miriam, Alvarez case.
- Violation of the separation of powers

Are internal rules required to be published?

- SC – Tanada v. Tuvera
o Lahat dapat ipublish except internal rules, especially if it only applies to the senate
or the house, there is no requirement.
o Only the rules of the house on legislative investigation are required A6S21
- Pag kelangan ipublish, website compliance?
o Nope, kelangan sa OG parin, or a newspaper of general circulation
o Under the NCC, iyon lang ang modes of publication
o Ecommerce law does not make the internet the medium of the publication of laws

Party-List
Can Major Party-List join in the party-list elections?
- Pwede, pero hindi pwedeng sumali bilang partido, they should represent an
underrepresented or marginalized sector.
- It has to be identified under an underrepresented or marginalized sector
Mikee arroyo
- Security guard ang party list. LOL
- Pwede, basta dapat advocacy mo.

Formula mandated by the constitution

- Ilan ang party list
- How is it computed?
- The house shall be composed by not more than 250 members unless otherwise fixed by
law. Art 6 s 5
o Pag may batas, pwedeng dagdagan
o Hindi na tayo 250 sa ngayon, so how?
o The number of seats is based on the ratio of party lists versus the number of
representatives expressed in a mathematical formula
o Ilan ang congressmen sa district divide by .20 multiplied by .20
o 20% of the total membership of the house should be reserved
- pano mananalo?
o 4 parameters
1. 20% allocation
2. 2% threshold – of the total valid votes cast for the party list
3. 3 seat limit
4. proportional representation
a. banat v comelec
i. kahit less than 2% pwede, the remaining with less, will
be ranked until it is all filled up

Discipline of members

Sec 16- each house can determine its rules, punish its rules, and with the concurrence of 2/3 can
suspend or expel a member.
- Who suspends? Congress itself by 2/3 vote so can ombudsman?
o SC – disorderly behavior is kung ano ang gusto nila, the interpretation is the
prerogative of the house, and cannot be the subject of judicial review.
o Pwede, there is a law expanding the powers of the ombudsman
o Congress consents to be suspended, all they had to do is to amend the law.
o RA 6770 has not yet been amended.
o RA 3019
 It states that you will be suspended from office.
o Notice and hearing?
 No, under Santiago v, Sandiganbayan
 Sec 13, ra 3019, automatic

Legislative inquiries
 - Scope of the subject matter
o It is infinite
 A few limitations though
 The right to counsel and self incrimination shall be respected
 The rules of procedure shall be published
 Must be in aid of legislation
 Cannot summon president, although can voluntarily appear, or
former president
 No more contempt after the final adjournment
 If there is a case already pending, you cannot be called, but this is
no longer valid? Why?
o The mere filing of a criminal/administrative complaint
should not bar the inquiry. This supersedes the ruling in
bengzon v. Blue Ribbon
- Question Hour
o Art 6 S 22

What is executive privilege

- Congress cannot ask for any reason when executive privilege is invoked.
- What is covered
1. Communication must relate to the pres
2. There should be operational proximity
a. E.g. under secretary, alter ego, department head, cabinet member
3. Must contain state secrets or must pertain to the operation of the government

JPEPA
- Disclosure of the negotiations in the jpepa might impair the ability of the executive to
deal and negotiate not only with japan, but with other countries

May senate continue the Inquiry even with no rules?

- You still need to publish, because kulang ang bilang, no quorum, no senate.
- Each senate is distinct from the one before/after it.

Salaries Privileges and DQ

Can they increase their salaries?

- Yes but they cannot benefit from the increase..

Can you transfer appropriations?

- No, pero pwede, pag savings in their respective appropriations
- DAP is unconstitutional
 - Kasama ito sa pag bayad ng hacienda luisita
- Augmentation must be for an item in the GAA law, di pwede sa bagay na wala sa loob ng
budget mo, sa loob ng iyong office.
- Demetria v. Alba
o Sobrang pera, savings, pinambili ng supplies. Kinasuhan, pinag bayad, pina kulong
 Eh si Pnoy? Pakyu
o The leeway is limited, purposes are limited, transfer is limited
 Cannot transfer into any activity in the GAA
- Di ka pwede gumawa ng savings sa simula palang ng taon
o You cannot make a law reversing the law of the supreme court.

Operative fact doctrine

- Since ngayon lang dineclare na unconstitutional, all previous acts are considered valid
- Ulol pakyu Pnoy
- This is not a mitigating nor an exempting circumstance under the penal code
o Technical malversation ito eh
o Usurpation of authority lang ang kinaso kay pnoy

Disqualifications
- Are members of the congress allowed to practice law?
o Yes, but they cannot personally appear as counsel.
o Section 14, art 6 – no member may personally appear (hindi not practice).
- Cannot be financially interested directly or indirectly with the government
- Cannot intervene in any matter in the government for his pecuniary benefit

A lawyer can be a congress, but he cannot appear.

- Section 90 of the LGC board member can appear

Incompatible office
- Section 13, no senator may hold any other office in the government

Forbidden office
- Cannot be appointed for an office
- If he accepts, he forfeits his seat for congress

Harry Roque v. Mark Villar

- V – he was a congressman, in session appointed as DPWH
- R – congress, not in session – appointed
o Villar is appointed, kasi hindi immediately appointed, kasi hindi immediately
assumed office, kelangan pa nya ma confirm.
- Butch Abad – he was once congressman of batanes, appointed sec agrarian in ad-interim
o they rejected him in CA, the president did not reappoint him ano gagawin natin?
o Di ka na congressman
Not all positions are incompatible
- Compatible offenses
o Ex officio
 Chairman of the senate can sit as the ex officio chairan of the JBC

Gordon case (red cross)

- Sui generis rule
- Red cross is sui generis – because there are public funds, bagamat private
- Employees are CSC laws applicable
- Di sila governed ng labor code
- Torres v de leon
o GOCC ka na, but SUI Generis

Parliamentary Immunities
- Immunity from arrest (misinterpreted for quite so long)
o Jalosjos
 Hindi totoo na hindi pwede arrestohin
 Privileged, and not a right (convicted of offenses more than 6 years,
di kasama) while in session.
 Pag naka sagasa ka, pwede kang hulihin gago!

Relative to minor offenses.

- Only while in session

Rape convicted of rape pending appeal?

- No, kasi convicted kana.

Trillanes/de lima
- Because detention prisoners are still prisoners, their liberties are already curtailed, and it
will be discriminatory if these rights are given to senators and congressmen.

Legislative Privilege
- Hindi ito karapatan
- Privileged Speech
o Subject to limits
 Speech must be made in the performance of duties as members of
congress
o Miriam applied as CJ, pero during the JBC interviews, nawawala ang quorum pag
siya na.
o I am foaming in the mouth. Blabla
 Di pwede, in session, pag sa labas ng session tho, or her functions
 GG ka, her duty to respect courts of justice and of the tribunal, such
privilege is not to protect them as prosecution for their own benefit, but
must serve the public without fear of being responsible of their actions.
Congressional Electoral Tribunal
- SET and HRET
o Composition is 3 SCJ +6 members of the congress
o Jurisdiction – Sole Judge of all contests in elections and qualifications of their
members. Pag di ka pa member, di ka pa under the JD of the HRET/SET, Comelec
will have Sole jurisdiction
- To be considered as a member
o Proclamation and oath
o +Assumption of office (added by the SC).

Can you remove a member of the ET

- death
- resignation from Political party
- removal from congress
- no longer a member of congress

Nominees? SET?
- Qualifications of members of congress, JD of ET parin

Jurisdiction of the CA
- The powers to confirm applies only to the FF
o Heads of Executive secs
o Ambassadors consuls and other public ministers
o Colonel and naval captain – AFP only
o Other officers whose appointments are vested by the constitution
 Congress cannot pass a law to increase the JD of the CA

Limitations on confirmation
- Cannot add or remove to the list
- Ad interim appointments, alam mo na yan

What is the regular session of congress

- There is a 30 day break (adjournment sine die)
- May 30-June 30 Adjournment

Joint session vote jointly?

- 2 times
1. revoke proclamation the Habeas corpus cases
2. revoke Martial law

Enrolled bill Doctrine

- basta napirmahan na ng both houses
o pinirmahan ng president? Law na
- once the bill is signed by the SP and HSpeaker it is the enrolled bill
 - The journals and minutes prevail
o When it is required by the constitution to put it into the journal or minutes

Bills required to originate from the house only

- APRIL
o Appropriation bills (GAA)
o Private bills (Franchise, Citizenship)
o Revenue Bills (Train Law)
o Bills Increasing Public Debt
o Local Bills

Can Pres take active part in the legislative process?

- Yes in the FF instances
o Address congress anytime to propose laws (GAA, Special session, urgent[3
readings 1 day]).
o Veto
o Sign bill into law

Can bill become law without signature?

1. If he vetoes and veto is overridden by a 2/3 vote of all members Voting Separately
2. Inaction for 30 days.

Uuwi ng pilipinas si Imelda marcos

- Kasama sa residual power

National artists awards

- Under the law, nominations will be made, and the president will choose between NCCA
and CCP
- Wala sa listahan ang sinama
- Katwiran, Residual powers
- Can the president do this?
o Residual power is only used when no law is passed giving authority, under the law,
the NCCA and CCP will choose to those.
o The president is not above the law, she must follow the law.
o It does not include the removal of a legal impediment or a legal restriction
o Cannot use discretion outside of what the law provides.

Pichay was charged with grafts charges under PAGC

- When PNOY sat in office, PAGC hid the files. After such, PNOY abolished the PAGC and all
pending cases was given to ODESLA
o Pichay on pure question of law asked
  Can the president abolish the PAGC and transfer the powers to an
executive office by mere executive order?
 Yes! Because under the law EO 292, the president has continuing
authority to organize the executive department.
 Hindi naman bago ang ODESLA, pwede mag abolish, bawal lang
gumawa ng bago without a law. (not EO).

Incompatible office
- Same prohibition is with appointed officers
- Unless otherwise allowed by law, or the primary functions of his position, no
o Appointive official holding any other office or employment in the Gov’t or GOCCs

GMA – Elena Bautista Horn

- Appointed to many positions ONLY AS OIC
o DOTC lang may appointment
o This was questioned by dennis funa
 Defense, hindi naman siya permanent appointment
 Did she violate section 7 article 19
 Yes, this is not valid, the constitutional prohibition is that you
cannot HOLD (possess or occupy) any position.
 So kahit temporary, OIC, permanent, bawal yan
 Funa v. Ermita

Alberto Agra – GMA

- Wanted to be sol-gen when he was already the DOJ secretary
- As the DOJ secretary, he put out a legal opinion that he can be the concurrent solgen
- OIC lang naman ako, acting lang as solgen
o Clear violation of the constitution

Exceptions?
1. VP as a member of cabinet
2. Ex-Officio Offices, Basta may kinalaman sa offices
a. DOJ sec- JBC

Flores v. Drillon
- Subic Bay Metropolitan Authority
- Put in law that mayor of olongapo will be the concurrent chairman of the SBAA
o GORDON NANAMAN
- Hindi lang required by law, dapat kasama sa primary requirement of office, Absolute yan
pag elective officials, wala yung Exceptions

Power to appoint

Midnight Appointment
 - 2 are in conflict
o 2 months immediately preceding the elections, cannot make appointments,
except temporary appointments in executive offices where continued absence
will be prejudicial
o kung magkakaroon ng vacancy sa judiciary, the president must appoint within 90
days from the occurrence of the vacancy.
 What if it is within the 120 days?
 Bawal o pwede?
 Previous cases (matibag v. Benipayo), the SC said bawal, kasi 120
days, the ban will prevail
 But in SC, pwede raw, legal reasoning?

GMA did not stop here!

- Kahit isang position nga lang kahindik hindik na nga eh!
- Plantilya position – 800 during the BAN!
o Appointment is not made effective until july 1. LOL
o E.O. #2, PNOY cancelled all the midnight appointments of GMA
 Correct?
 E.O. 2 is constitutional, because kalokohan yung effective under the ban,
what is not allowed here is appointment and not acceptance.

Ad interim – pwede ka na pumasok pag walang session, pero pag di ka confirmed, GG ka

Commander in chief.
Maguindanao Massacre – can the president call out the armed forces even without invasion and
rebellion?

CIC powers of the president divided into 3

1. Powers for lawless violence
2. Powers for rebellion
3. Powers for invasion

Duterts declared martial law for 1 year, can you question the power? Who can challenge the
constitutionality of martial law
- Any citizen can question

Can pres impose martial law without concurrence of the president?

- Yes, the power to declare martial law is exclusive to the president, no other act is needed
for the declaration of martial law, or the suspension of the writ of habeas corpus

Does congress have the mandatory duty to convene jointly after the declaration of martial law?
- Di kelangan mag sama sa isang lugar (padilla v. Congress)
o Mindanao martial law declaration of duterte – consti says, congress has the duty
to VOTE jointly, but not CONVENE Jointly!
 o The requirement only applies when congress revokes the president’s
proclamation of martial law. So there is no need to vote in joint session

Writ of habeas corpus

- Police can’t arrest/detain without charging you with any offense.
- But can you post bail if suspended yung writ?
o The right to bail shall not be impaired even if the WHC is suspended.

Martial law
- Only when
o Actual invasion or rebellion
o Public safety requires thereof
o Cannot be more than 60 days
 Unless extended by congress (Constitution does not say upto how long the
extension may be).

WHC/ML Guidelines
1. Invasion rebellion
2. Public safety requires
3. Invasion rebellion must be actual and not only imminent.

What is the role of congress in the declaration of martial law

- Power of congress is to revoke, not to ratify or allow.
- Power is exclusive within the president.

GMA – muntikan na matanggal sa posisyon

EDSA 3, arrested Erap, and tinalo si FPJ – I am sorry scandal.
- Araw araw may welga, State of national emergency was declared
- Can she exercise emergency powers? (take over of public utilities, Issuance of Warrant of
arrest of the Secretary of JUSTICE).
o Such act does not give her additional powers, the declaration of national
emergency is only a declaration, it does not authorize the issuance of warrantless
arrests and takeover of public utilities.
o So ano ang national emergency?
 ONLY CONGRESS MAY DEFINE WHAT NATIONAL EMERGENCY IS, so walang
emergency powers.

Pardoning power of the president

GR on Executive clemency (What can be pardoned).

1. Only the president can decide on the grant
2. Absolute? It restores the political and civil rights
3. If conditional, only the president can determine if recipient violated any of the conditions.
Pardon v. Amnesty
- Pardon 1 person, amnesty is a public act, or per class of persons (maramihan).
- Amnesty needs a congressional act, Pardon – president may make on his own.
- Amnesty is only for political offenses, pardon, any offense.
- Pardon is granted after final conviction, amnesty, kahit di ka pa nakakasuhan, pwede ka
na patawarin.
- Pardon moves forward, amnesty parang wala kang ginawa.

Art 36/41
- A pardon shall not work to the right to the restoration of the rights, unless the restoration
is expressly made
- Reclusion temporal/perpetua, shall carry an accessory penalty of Perpetual absolute
disqualification, unless shall be expressly remitted in the pardon

Erap, is he disqualified from running again for mayor?

- Siyempre si erap yan e! (di pwede matalo ang bida)
- The pardoning power of the president cannot be limited by law, the power is a
constitutional power, it cannot be limited even by law.
- Any act of congress by way of statute cannot be made to limit the pardoning power of the
president.

EJK?
- Barilin nyo yan, pardon ko kayo sabi ni Duterts
- Opposition sa senate, pag naconvict ka raw, tokhang di ka pwede I pardon
o Constitutional?
 No, any act of congress cannot be made to delimit the pardoning power of
the president.

Can the president on his own terminate treaties?

- No, because for a treaty to take effect, it has to be ratified by the senate via 2/3 vote
- One can logically argue that it’s consent is required to terminate it.

Can the president repeal a law by itself?

- Same banana, the president cannot repeal a law by himself.

President was asked to enter into an agreement with another country, can he choose to reduce
the agreement into an executive agreement just to avoid to send it into the senate for
ratification?
- Executive agreements need not be submitted into the senate, how to denominate an
agreement depends on the president, and the president alone
o Pimentel v. Executive Secretary
 The president is the one ratifying the treaty, the Senate only CONCURS
Presidential Succession
- What if nag tie?
o One chosen by a majority of the house and the senate.
 Magkaiba pinili?
 Senate president in the interim, until the deadlock is broken
- Term of the president
o Succession, you serve the unexpired portion of the term
 Can you run again?
 It depends (More than 4 years)
 PGMA less than 4 years.

- Rules of presidential succession

o Depende kung san ang vacancy
 Beginning of the term after manumpa
 VP assumes the position
 New president will nominate VP from congress
o Nominee shall assume after confirmation by both HR and
Senate voting separately
 What if Pres and VP di pa proclaimed, what will happen for vacancy during
the term
 Convene within 7 days calling for a special election within 60 days
 Bill automatically becomes law
 Kung yung vacancy happens within 18 months within the next
election
o Sino magiging presidente? Siyempre si Senate president or
speaker of the HR.
Presidential immunity
Is the president immune from suit?
- 1987 there is no provision granting immunity from suit for the president
o does this mean wala nang immunity?
 Estrada v desierto
 SC held that even if 1987 removed, the president still enjoys while
he is in office
 The state cannot be sued nga without it’s consent
 An impeachable officer cannot be removed without his consent nga
diba?

Judiciary

Judiciary independence
- Can a member of the SC be removed via Quo Warranto?
o Sabi nya good question for the final exam.
 - Judicial independence
o Broken down into two
 Decisional independence

 Institutional independence
 Collective independence of the judiciary as a body

Period for the courts to decide

1. RTC 90 days
2. Collegiate courts 1 year from the time submitted for decision
3. SC 2 years.

Can congress pass a law intruding into the jurisdiction of the courts?
- SC pwede ito, in fact under present laws (general banking act, and act creating the banko
sentral) pwede ito.
- Because sec2 art 8, jurisdiction of the courts may be defined by law.
- The constitution allows this regulation

Decisions required to be decided en banc?

1. All administrative cases against judges when the penalty is dismissal.

Jardeleza was removed from the short list

- he filed a case
- why does he have a right, when he does not have a right, it is a privilege.
o though there is no vested right? But the jbc failed to follow the minimum
requirements of due process
 dapat alam nya kung bakit di siya sinama sa due process

JBC, sino sa conges sang nag rerepresent?

- A representative, so isa lang.

Administrative case – mayor’s office matagal ang case, he applied as clerk of court, the CSC said
na dapat siyang tanggalin. Pano ito?
Clerk of court na siya? Can CSC still impose the penalty?
- ONLY THE SC en banc can “Discipline” a member of the judiciary (Includes Staff).
- Seloso ang SC, lagging ganito ang desisyon

What is the scope of the rule making power of the courts?

- The Judiciary has law making power, so rules promulgated by the SC has the force and
effect of law

The EO creating the LEB is unconstitutional?

- Good question for the final exam.
- Ang sagot ko ditto, only the SC may add/decrease to the requirements of law
Can congress enact laws to regulate the practice of law?
- Bawal, 1987 consti, exclusive to the SC ang practice of law
- Although you can be punished for usurpation of authority.

Can congress lower the passing rate?

- No. bar flunkers case
o In re: Cunanan
o The admission is exclusive to the judiciary
o Congress has no longer any power under 1987 consti

Congress passed a law saying GSIS, pag sila ang dinemanda, or sila ang nag dedemanda, di sila
mag babayad ng filing fees.
- Valid?
o Di pwede yan, bawas raket sa SC yan, the power to promulgate rules is exclusive!
That power is no longer shared with the supreme court with congress, much less
the executive.
o Separation of powers rin kasi exclusive sa judiciary yan

A bill was passed seeking to abolish the JDF, can the SC issue a TRO?
- Cannot, still a bill, there is no danger to institutional independence.
- So there was no reason for the court to intervene.
- It will be better for him to lobby in the congress.

Congress passed a law regarding the rules of retirement of all government employees incuding
members of the judiciary.
- Does this apply to the judiciary?
o No, why? Judicial independence, why would they ask for clearance from the
ombudsman? Because the ombudsman cannot discipline them (only SC has that
power).
o To apply this would disregard the supreme court’s constitutionally enshrined
power of administrative supervision over it’s personnel.

Power of judicial review

- Can declare an act of it’s co-equal branch as unconstitutional for GAOD
- This power was never found in the 1935-1973
- Only the Philippine constitution has a power of judicial review over a co-equal branch of
the government.

New animal of the SC

- Tax payer suit dati eh where you have locus standi (public funds must be involved),
ngayon ano na?
- Citizen suit ang bago, under the Rules of procedure on environmental cases?
o Can be filed by any Filipino citizen, in representation of others.
o Kahit usisero ka lang
 o Only environmental cases ah.
o Even minors or generations yet unborn
o Doctrine of intergenerational responsibility
- What about resident marine mamals?
o Siyempre hindi naman, only generations yet unborn.

3 functions of judicial reviews

- Checks
- Legitimize whether a law is constitutional
- Educate the bench and the bar

Moot and academic principle

- May the SC decide?
o Yes even if moot and academic, and hindi na justiciable, the SC can still decide
 Violation of the constitution
 Public interest
 Application of controlling principles
 The case is capable of repetition, yet evading judicial review
o Lacson v. Executive secretary
 State of national emergency ule
 Exercised emergency powers, made arrest warrants
 Case filed with the SC
 Withdrew the PP 1017.
o They will still review this case, kasi capable of repetition

BJE creating the associated states

- The president cancelled the MOA-AD
- Once a suit is filed, the court cannot be deprived of jurisdiction
o Because if this is followed, the doer would be dictating when this court will
relinquish jurisdiction.

Is the PET constitutional?

- Yes (macalintal v. PET)

Can the SC issue a TRO to restrain congress from impeaching an impeachable officer?
- Kahit impeachment saklaw ng aming power of judicial review
- A TRO was issued to prevent PSbank from issuing the records of CJ corona

National patrimony
- Regalian doctrine
o All lands of the public domain, pag walang titolo yan, gov’t ang may pag mamayari
nyan.
- The president may enter into agreements with foreign corporation for technical
assistance (FTAA)
 o Requirements
1. Service contract must pertain to a general law
2. The president must be the signatory
3. Within 30 days from execution, the president shall report It to congress

Reclaimed lands
- Who owns
- can they be appropriated by private individuals?
o Chavez –PEA-amari

Constitutional bodies
- What is meant by fiscal autonomy
o Freedom from outside control
o The imposition of restraints on how funds are allocated cannot be interfered with
o To the extent that the CJ and the court en banc determine the who what where
when and how the privilege and benefits.

Can a member of a constitutional body be reappointed?

- Yes. But the total must not exceed 7 years

Ombudsman
- Can the SC review the act of the ombudsman in a certiorari petition?
o No, Soriano v ombudsman, the power is plenary and unqualified
o So the SC cannot replace the judgment exercised by the ombudsman
o Hence, the filing, non filing of the information is lodged with the ombudsman

1. Protection of constitutional rights of the accused

2. When necessary for the orderly administration of justice or to avoid
oppression or multiplicity of suits
3. When there is a prejudicial question which is sub judice
4. When the acts of the officer are without or in excess of authority
5. Where the prosecution is under an invalid law, ordinance or regulation
6. Where the court has no jurisdiction over the offense
7. Where there is a case of persecution rather than prosecution
8. Where the charges are manifestly false and motivated by the lust for
vengeance

Does CHR enjoy fiscal autonomy?

- No, Only the SC, COA, CSC, COMELEC and Ombudsman
- Not mentioned in the SC
 - So pwedeng galawin ang budget
- Di pwedeng 0-1000
o Kasi tantamount to abolishing
o Gago k aba?

Bill of rights ~Notes on Poli Rev

- 2018 updates on the bill of rights

Fundamental powers of the state (Recent cases)

- police power, can the mayor order the demolition of a hotel without a business permit
without judicial proceedings?
o Yes (Aquino v municipality of malay aklan), LGC authorizes LGUs to issue
demolition orders.
o From the general welfare clause, property rights of individuals may be subjected
to restraints and burdens in order to fulfill the best interest of the estate
- Mayor vested with Quasi-Judicial power?
o Yes, the mayor can adjudicate between 2 contending parties.
- Can mayor be compelled by writ of mandamus to issue a business permit?
o No, a mandamus is to compel a ministerial power, but issuance of permit is a
discretionary power in nature.
o There is no ministerial duty in the exercise of such power.
o The remedy is to file an administrative complaint, and not mandamus
- Can mayor enact an ordinance that requires property owners to lower fences, reguild it
with 6 meters setback and make it 80% see through? Is it valid?
o No (Fernando v St. Scho), cannot use police power for the purpose of aesthetic
purposes. There is still taking, because you made private property to be used for
the public. It is not necessary for you to get the title. You just need to render it for
public use.
o Null and void
- Qualifications for voting, no biometrics, no boto – is this valid?
o Constitutional (kabataan party list v COMELEC)
o The requirement is not a qualifications, but merely a regulation, and registration
has many phases, one phase is the registration, the second phase is the biometrics
phase.
Eminent domain
- When should the payment be reckoned from?
o Time of taking (secretary of DPWH v. Sps. Tecson)
o The owner shall be paid for, for only what he actually loses. From the time of
taking, the property is no longer his
o Also, payment of just compensation never prescribes, merong forever in short.
- The determination of just compensation is a judicial function.
 o Judicial independence applies, any valuation for just compensation is exclusive to
the courts, statutes may only be guiding principles.
- What is the standard for valuation of just compensation?
o The measure is not the taker’s gainm, but the owner’s loss

Taxation
- Do LGUs have an inherent power to tax?
o An LGU has no inherent power to tax, while it may be true that they may create
sources of revenue, it is still not an inherent power, but still guided by a basic law
and statute (Ferrer v. Bautista)
o In FvB ordinance S.H.I.T. law socialized housing incentive tax law for the relocation
of squatters. The fund will be given to the city government, it was challenged
because such tax is not found in the LGC and the garbage collection fee.
 SHIT valid, because there is a law, LINA law (RA. 7277).
 Garbabe collection is unconstitutional, there is no law.
- Can tax be used as a tool to implement police power?
o Levy can be for a regulatory power, for the general welfare of the people.

Bill of rights
- Created as a limit to the fundmental powers of the state.
- It limits the interaction between the people and the state, you cannot invoke it against
another private person.
o In the absence of governmental interference, the liberties granted by the
constitution cannot be invoked against acts of private individuals.
o EX to the GR (Zulueta v. CA)
 Where the husband invoked his right to privacy of communication and
correspondence against a private individual, his wife, who had forcibly
taken from his cabinet and presented as evidence against against him
documents and private correspondence, held theses papers inadmissible
in evidence, upholding the husband’s right to privacy.
Due process clause, and equal protection clause.
1. Substantive DP and procedural DP
a. Notice nad hearing is required.
i. Ex to the GR – preventive suspension, provrem (TRO 72H), cancellation of
passports, provisional increase sa pamasahe
2. Cudia v. PMA case
a. Expelled for being tardy, and voted unanimously by the honors committee.
b. Due process – yes there was, he was given the opportunity to be heard
c. Right to counsel? No, the right to counsel is not required in a school sertting

EPC
1. EPC – the law must apply to all? Otherwise none at all?
a. No, it can apply to all members of the same class based on substantial distinctions,
and it is germane to the law.
 2. Truth commission, can this be established specifically to investigate alleged irregulatiries
in the arroyo administration
a. Unconstitutional because? (Biraogo v. PTC)
i. Such distinctive differentiation seems vindictive, because there is no
substantial distinctions
3. Flight stewardess dismissed by the airline beause tumaba, dahil nabuntis
a. EPC?
i. The case will not prosper, because this is a private company (yrasuegi v,
PAL)
ii. In the absence of governmental interference, the liberties of EPC cannot
be invoked.
4. RA 9262 favors only womnen and denies the same protection to men, is this
constitutional?
a. RESTS on substantial disticntions

Arrests, Searches and Seizures.

1. Only unreasonable searches and seizures.
2. Who may issue a warrant?
a. GR. Judge, EX(FROM JURISPRUDENCE) BIR (TO IMPLEMENT A FINAL ORDER OF
DEPORTATION), IMMIGRATION COMMISSIONER MAY ORDER THE ARREST THAT
HAS ALREADY BECOME FINAL
3. What are the instances of a valid warrantless arrest
a. Flagrante delicto – the person has either committed, about to commit, committing
b. Hot pursuit – when an offense has in fact just been committed, and the arresting
officer has probable cause to believe, based on personal knowledge of the facts
and circumstances indicating, that the person to be arrested has committed it.
c. Escaped prisoner or detainee – when a person arrested who has escaped from a
penal establishment or a place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another (ANYBODY MAY ARREST)
4. What is flagrante delicto arrest?
a. 2 requisites
i. overt act that he committed, actually committing, or about to commit
ii. overt act done within the presence or within view of the arresting officer
5. can there be a waiver of the right to question an invalid arrest?
a. Yes, if he applies for bail before questioning the irregularity of his arrest.
b. Only applies to invalid arrest and not unlawful search and seizure
6. Fails to timely object to the irretgularity of his arrest, is he estopped to question the
warrantless search?
a. Favorable always to the accused, basic human rights
7. Search warrant was issued without complying with the required procedures
a. There is no waiver until the case is final and executory
8. Other cases where warrantless arrests may be made?
a. Continuing offenses
 b. Rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes
or offenses committed in furtherance thereof, or in connection therewith.
9. Enforce warrantless arrests in relation to those flagrante delicto act of violating election
laws.
a. No, why? Because OEC has art 266. EXCEPT ONLY UPON A WARRANTLESS ARREST
PROVISION
10. What are the instances of warrantless searches?
a. Consented
i. Must appear first that the right exists
ii. The person involved had knowledge, either actual or constructive, of the
existence of such right
iii. Said person of an actual intention to relinquish the right
b. Plain view doctrine
i. Prior valid intrusion based on a warrantless arrest in which the police are
legally present in the pursuit of their official duties.
ii. Evidence inadvertently discovered by the police who had the right where
they are.
iii. Evidence immediately apparent.
c. Stop and frisk
i. Limited protective search of outer clothing for weapons
- Police observes unusual conduct producing reasonable belief of commission of a crime
- He must identify himself as a police officer
- Nothing in the encounter dispels the reasonable belief
- Careful limited search of his outer clothing of such persons may be conducted
d. Incident to a lawful arrest
i. May be searched without a warrant for dangerous weapons, or anything
which may have been used to constitute proof in the commission of an
offense.
- Search must be contemporaneous to the arrest (pag lumabas ka ng bahay, bawal na
bumalik, kasi pag bumalik ka para mag search, inadmissible na).
- Within the area of immediate control
e. Search of moving vehicles
i. Justified on the ground that it is not practicable to secure a warrant for all
cars
- Inspection limited to a visual search
- Neither vehicle itself nor the occupants are subjected to a search
- Extensive search, only upon probable cause
f. Exclusionary rule
i. Inadmissible for any purpose for any proceeding laban sa accused, but not
against the police officer in an administrative case.

11. RA 9165 drug tests HS students, violates rights against unreasonable searches and
seizures? Is the law unconstitutional?
 a. No, valid because they are not suspects, it is within the prerogative of educational
institutions (students)
b. What about employees?
i. Still constitutional, as long as RANDOM

12. Right to unlawful seartches and seizures applies only to those peace officers, and not to
employers in a motel (people v. Marti)

Right to privacy
- Privacy of communication
- Evidence obtained shall be inadmissible for any purpose in any proceeding
- Right to be left alone!

1. Writ on habeas data

a. Remedy available to any person whose right to privacy has been violated or
threatened, can be used against another private person
b. Seeks to protect a person’s right to control information regarding oneself,
particularly in circumstances in which such information is collected through
unlawful means in order to achieve unlawful ends.
c. It must be shown through substantial evidence that you actually published the
documents violating the right to privacy, the right to privacy cannot outweigh the
purpose of dismantling private armies.

2. Can a gov’t employee question his right to privacy against the gov’t?
a. Ricky Pollo v. Karina David
i. He cannot invoke, why? The computer has no password, the computer
may be used by other persons
ii. How can you invoke the right to privacy when you don’t even have an
actual expectation of privacy.
1. Dapat lagging may password!!!!!!!
iii. Government employee has no reasonable expectation of privacy when it
is not your equipment.
1. Mag dala ng sariling computer! Lol
3. Can a corporation invoke the right to privacy?
a. No, such belongs to the individual in its private capacity, and not to public and
governmental agencies like the GSIS
b. A corporation has no right to privacy in its name since the entire basis of the right
to privacy is an injury to the feelings and sensibilities of the party and a corporation
would have no such ground for relief.
4. Does a prisoner/detainee have the right to privacy?
a. There is no right to privacy, impaired right na ang rights mo, unless! Privileged
communication (from your lawyer).
b. Can be opened but not read.
5. Can you invoke right to privacy on facebook?
 a. Private chat ito ha!
b. Vivares v. STC
i. There is no privacy in facebook, you share it because there is an intention
of a public viewing.
ii. The digital image is considered for all intents and purposes, PUBLIC.
iii. No reasonable expectation of privacy by the very nature of social media.

Administrative law
- Di ko nasama, pagod na. lol so wala notes ng 7th day of discussion

Aguinaldo doctrine
-overturned by the junjun binay
- the concept of public office and public trust is mandated by the constitution, and it is against
the constitution, because election is not a valid mode of condonation of previous offenses.

Administrative cases, is there an appeal?

- Depends on the penalty
o Demotion, dismissal, suspension for more than 30 days, pwede ka mag appeal
o Less than 30, alaws appeal.

Habang nag MR ka, does this mean that while the MR is pending that you should vacate the
office?
- Yes, it means exactly that. It does not stay the execution of the case.
- Appeals from decisions of the ombudsman do not stay the execution of the
suspension/dismissal.

Laila Delima is being charged with the RTC

- HER MODE OF APPEAL IS SANDIGANBAYAN!
- Filomena v people RA 8249 which makes SB an appellate court.

Who can vote

- Age, citizenship, residency.
- No literacy requirement
- No PHYSICAL HOUSE requirement
- Registration is not a qualification, but a mode of ascertaining your qualifications on
whether or not you can vote, A “precondition to the right of suffrage”.
- No Bio No Boto – it is a mere aspect of the registration proceedings.

Petition for Exclusion

- RA 8189 – anytime except 100 days prior to regular, and 65 days prior to special
elections
- Any registered voter in that city or municipality, or political party, or election officer or
the comelec
Petition for Inclusion
 - RA 8189 – anytime except 105 prior to regular election or 75 days prior to a special
election
- Kung sino yung natanggal sa listahan, and comelec

Res judicata ba Inclusion/exclusion?

- No, because pwede ka magkaron ng qualifications.
Quasi public corporation
- Public corporations are corporations created by law, quasi public are created by the SEC,
they are private corporations exercising public functions

Boy scouts of the Philippines, are they a quasi public?

- Created by law, public, pero In BSP, it is a public corporation, even if it is created under
corporation code.
- Not all corporations are ipso facto to be considered private
- Since the BSP has private members of the board, but functions purely for public purposes,
it uses public funds, it has public officials in their board of directors, then they are a public
corporation subject to COA audit

NAIA, is it a GOCC/instrumentality
- In a previous ruling, the SC states that an airport asks for terminal fees, kumikita siya, so
GOCC siya because may proprietary function.
o So magbayad kayo ng tax gagu
- Reversed by the SC in 2015, in the case of Mactan cebu airporat v. Lapulapu
o Bago mo tawaging GOCC, are they a corporation? Walang shareholder ang airport,
so how are they a GOCC?
o Instrumentality siya, they are not subject to tax. The fact that it earns money, they
are still for public use, they are not subject to the commerce of man.

GOCC
- Is the GSIS a GOCC?
o No, it is not a corporation, there are no shares divided into stockholders,
o It’s a public instrumentality, government instrumentality, the real property is not
subject to tax.

Political law review

Article 4 Citizenship
Those who are PH at the time of adoption of 1987
Mothers/fathers are filipino
Born before january 1973 filipino mothers, who elect Filipino – Caram rule
Naturalized
1. Section 2 natural born citizens – are those born from birth without having to perform any
act in order to obtain citizenship.
a. If you had to take or to perform an act, you are not natural born
b. There are public offices open only to natural born
2. Section 5 of article 4, it says dual allegiance is inimical to public interest and should be
dealt with in accordance with law
3. Modes of acquiring citizenship
a. Birth
i. Sanguinis – ph adopts
ii. Solis – by soil (US and most common law countries)
b. Marriage
i. Filipina/o does not lose citizenship if married, unless they perform acts in
renunciation to their Filipino citizenship
1. E.g. foreign passport
c. Naturalization
d. Foundlings – those whose parents are unknown
i. Is there a law?
1. 1930 hague convention (14) to which the Philippines is not a
signatory
a. a child whose parents are both unknown, shall have the
nationality of country of birth
b. a foundling is presumed to have been born in the state
wherein such has been found
c. does not address whether they are natural born or not
i. in the Philippines, pano ka magkaka birth certificate
1. late registration/simulation of birth
2. adoption
ii. if under i. are they natural born? Did they perform
an act in order to acquire citizensdhip?
1. Grace poe
a. 2 birth certificates
b. 1 is totally fake, Fernando poe
c. which of 2 should be reckoned as the
date of birth?
i. 1974 raw. Lel
ii. late registration rin ito
d. july 27, 1991 kinasal kay llamanzares
e. October 18, 2001, she became an
American national, renounced and
applied for US citizenship
f. 2004 natalo si FPJ, 2005 died
g. back in the ph si grace poe may 24,
2005
h. July 10, 2006 repatriation, kasi she
became an MTRCB chairperson (still
an American national at the time).
i. Appointed 2010, renounced after
such appointment.
 j. Gamit parin nya US passport from
2010-2011 despite renounciation
k. Case filed against her is a case for
disqualification and a petition to
cancel the COC for material
misrepresentation (dismissed for
being filed premature), cancel COC
lang nirule on.
l. Is Gpoe a natural born citizen?
i. Yes, 7-6 (pro hac vice only).
Why? She is a Filipino,
because her hair is black, her
eyes are black, she is small in
stature, therefore her
physical features are Filipino
in nature.
ii. She is a Filipino, because
there is a 99% chance,
because at the time she was
found, 99% of the population
was Filipino.

4. Question for finals – what if you have renounced? But used a us passport?
a. 2 years before the gpoe case, if a former dual citizen holder, after renounciation
or repatriation still uses a foreign passport? This negates the repatriation
b. while those who acquire by choice are offered the right of suffrage, but those who
seek election to public office are required to renounce their other citizenship, if
the passport was not surrendered, then there was no valid renunciation.
c. Never has it been overturned by the supreme court, e siyempre, di pinag usapan
sa grace poe case
5. Required residency? 10 years, dapat umpisahan sa kapanahunan ng kanyang
kapanganakan according to grace poe
a. There was a prior ruling, Japson v comelec Jan 19, 2009
i. Length of residence of someone who reaquires phil citizenship should be
reckoned from the time he/she renounced the other citizenship.
6. MAKILING V COMELEC
a. 2 kinds of dual citizenship
i. borne dual – there is no dual allegiance, but by operation of law, needs no
positive act
ii. acquired dual –
b. what if I and ii seeks for election
i. acquired dual cannot run and be appointed without first renouncing the
other citizenship (sec 5 par 3 of RA 9225).
ii. Borne dual does not need to do anything – cordora v comelec.
 c. The title of 9225 is retention and reacquisition of citizenship act.
i. There is a difference between the 2
1. You must first determine when the applicant lost the Philippine
citizenship, whether before or after 9225 (august 29, 2003)
2. If you lost before, then you need to reacquire Filipino citizenship
through repatriation (deemed lost) di ka na naturalized.
3. If after, the citizenship will never have been lost (david v agbay).
7. What if a foreigner marries a filipino, does he/she acquire Filipino citizenship?
a. Moya lim yao v.
i. If woman, nagiging Filipina siya
ii. If man, the marriage will not make him a Filipino.
8. Derivative citizenship.
a. When if you have an alien wife, but becomes Filipino, but must be under 18 years
old

Article V
Suffrage
1. Who are qualified to vote.
a. (Article V constitution)
2. Asistio v Aguirre
a. SC said that any person who transfers residence solely by reason of his work shall
not be deemed to have lost his residence.
3. When to file petition to cancel COC
a. Material misrepresentation
i. May hindi totoo (misrepresentation)
ii. And must be material (must point out to a qualification).
1. Name is not a qualification
b. 25 days
c. in a proceeding to cancel, does the comelec have the power to look into his
qualifications?
i. Obviously the answer should be yes, but in Gpoe v comelec, in a
proceeding under section 78, the comelec has no authority to determine
the qualifications, because that should be under a petition to disqualify,
and the SET only have the authority to determine the qualification of its
members, not the comelec in a COC petition.
d. 2015 bar question
i. what is the distinction between petition under 78, and 68 of the omnibus
election code.
1. Cancel coc and 78, ground is material misrepresentation
2. 68, is a petition to disqualify a candidate.
3. 68, any day after the filing of the COC but not after proclamation
a. can be substituted 12 noon election day, no substitution for
independent candidates.
b. grounds?
 i. vote buying
ii. overspending
iii. being a resident and a foreign immigrant from
another country
iv. kulong >1 yr
v. section 40
vi. administrative case
vii. dual citizenship (means dual allegiance)
c. pag natalo ka, pero napa disqualify mo, di ikaw ang nanalo!
reelection
4.
5. 78, 25 days after filing coc
a. if cancelled? This candidate’s COC is deemed not even filed
i. so you cannot substitute!!!!!
b. If natalo ka, pero napa cancel mo COC, IKAW ANG NANALO
4. Nuisance 69
a. Who can file?
i. Candidates for the same office (can motu proprio?)
ii. Notice an hearing parin!!
iii. Within 5 days from the last day of filing of the COC
b. Effect of declaration of being a nuisance candidate?
i. Stray ballots, or will they be counted in favor of the legitimate candidate
ii. They are not stray, they must be counted in favor of the bona fide
candidate.
iii. DQ if convicted by 1 year.