1. The State may be sued, with its consent, either 7.
The VP may validly sit in the Cabinet even if he
expressly or impliedly. Only Congress can give was not confirmed by the Commission on a written waiver of immunity from suit in the Appointments. form of a law. If a government agency 8. The President may not transfer savings to the undertakes a proprietary function, it waives its COMELEC as aid. The constitutional prohibition immunity from suit. against the transfer of appropriations to other 2. Public officials may be sued if they acted branches of the government of Constitutional oppressively or illegally in the performance of Commission applies for whatever reason. their duties. A suit against a public officer who 9. Congress cannot exempt the foreign grants acted illegally is not a suit against the State. from the jurisdiction of the COA. Its jurisdiction 3. A GOCC may be sued A suit against it is not a extends to all government owned or controlled suit against the State, because it has a separate corporations, including those funded by juridical personality. donations through the Government. 4. The only instances in which the President may 10. The doctrine of command responsibility can be not extend pardon remain to be in: (1) invoked to determine the author who is Impeachment cases; (2) cases that have not accountable for, and has the duty to address yet resulted in a final conviction; (3) cases the disappearance and harassment complained involving violations of election laws, coming of to enable the courts to devise remedial from the COMELEC. Any act of Congress by any measures that may be appropriate under the way of statute cannot operate to delimit the premises to protect their rights covered by the pardoning power of the President. writ of amparo. To hold someone liable under 5. The differences of pardon and amnesty are: (1) the doctrine of command responsibility, the Pardon can be given only after final conviction; following elements must be obtained: (1) The amnesty can be given even before the filing of existence of a superior-subordinate a criminal case; (2) Pardon is given to relationship between the accused as superior individuals; amnesty is given to a class of and the perpetrator of the crime as his persons; (3) Pardon looks forward; amnesty subordinate; (2) the superior knew or had looks backward, as if the accused never reason to know that the crime was about to be committed a crime; (4) Pardon is given for all or had been committed, and; (3) the superior criminal offenses; amnesty is given for political failed to take the necessary and reasonable offenses; (5) Pardon does not require the measures to prevent the criminal acts or concurrence of Congress; amnesty requires the punish the perpetrators thereof. concurrence of the majority of Congress; (6) 11. The president, being the commander-in-chief Pardon must be proven, because it is a private of all armed forces necessarily possesses act; amnesty need not be proven because it is control over the military that qualifies him as a a public act. superior within the purview of the command 6. The Complete test means that the law sets responsibility doctrine. The incumbent forth the policy to be executed out or President is immune from suit during his implemented by the delegate. The Sufficient incumbency. The immunity, however, exists Standard Test means the law lays down only during the incumbency of the President. adequate guidelines of limitations to map out One his/her term ahs ended, he/she may be the boundaries of the authority of the delegate held accountable under the doctrine. and prevent the delegate from miming riot. 12. A complaint for disbarment cannot be filed The standard must specify the limits of the against the Ombudsman during her authority of the delegate, announce the incumbency. The Constitution imposes legislative policy and identify the condition membership of the Philippine Bar as a under which it is to be implemented. qualification to be an Ombudsman. The Ombudsman is removable only by laws which violate freedom of speech but impeachment. applies to all violations of fundamental rights 13. The term “capital” mentioned in Section 11, under the Bill of Rights. Article XII of the Constitution refers to the total 19. Judicial legislation refers to the encroachment outstanding capital stock of public utilities. The by the Judiciary upon the function of the requirement that at least sixty percent of the legislature by making law rather than capital must be owned by Filipino citizens declaring, construing or enforcing the law. applies separately to each class of shares, Meanwhile, the rule-making power or the whether common, preferred, non-voting, power of the SC to promulgate rules under preferred voting, or any class of shares. Mere Section 5, Article VIII granted the SC power to legal title is not enough. Full beneficial promulgate rules concerning the protection ad ownership of sixty percent of the outstanding enforcement of constitutional rights. In the capital is required. exercise of this power, the SC promulgated the 14. Pursuant to the obligation of the State under Rule on the Writ of Amparo, the Rule on the Section 16, Article II of the Constitution to Writ of Habeas Data, and the Rule of protect and advance the right of people to a Procedure for Environmental cases. balanced and healthful ecology in accord with 20. The rules promulgated by the SC for the the rhythm and harmony of nature, minors payment of legal fees was in the exercise of its have standing to sue based on the concept of rule-making power cannot be modified by a intergenerational responsibility. law granting an exemption from payment. 15. With respect to element of public use, the 21. Although Section 1, Article XVII of the expropriator should commit to the use the Constitution (Amendments or Revisions) did property for the purpose stated in the not expressly provide that the Senate and petitions, if not, it is incumbent upon it to House of Representatives must vote return the property to the owner, if the owner separately, when the Legislature consists of 2 desires to require it. Otherwise, the judgment houses, the determination of one house is to of expropriation will lack the element of public be submitted to the separate determination of use. the other house. 16. Defining the penalty for a criminal offense 22. Once a law has been declared unconstitutional, involves the exercise of legislative power. it remains unconstitutional unless 17. The power of the President to declare a state circumstances have so changed as to warrant a of rebellion is based on the power of the reverse conclusion. President as chief executive and commander- 23. The Senate is to be considered as a continuing in-chief of the AFP. It is not necessary for the body for purposes of its exercise of its power President to declare a state of rebellion before to punish for contempt. Accordingly, the calling out the AFP to suppress it. The continuing validity of its orders punishing for proclamation only gives notice to the nation contempt should not be affected by its sine die such a state exists and that the AFP. It is not adjournment. necessary for the President to declare a state 24. The President can make appointments to the of rebellion before calling out the AFP to SC two months before a presidential election suppress it. In proclamation of state of national until the end of his term but not to the rest of emergency, the President is already calling out the Judiciary like the CA. Under Section 4(1), the AFP to suppress not only rebellion but also Article VII of the Constitution, vacancies in the lawless violence. SC shall be filled within 90 days from the 18. Because of the expanded power of judicial occurrence of the vacancy. Under Section 9, review of the SC, the facial challenge of the Article VIII of the Constitution, vacancies in the constitutionality of laws is no longer limited to lower courts shall be filled within 90 days from submission of the list of nominees. These a treaty, granting tax exemption which appointments are screened by the JBC, and the requires the concurrence of a majority of all process necessarily precludes or prevents the the Members of Congress. President from making purely political 32. Presidential communication privilege applies appointments to the court, which is sought to to decision-making of the President. The be prevented by the prohibition. deliberate process privilege applies to 25. The prohibition in Section 13, Article VII of the decision-making of officials. Unlike the Constitution against appointment by the deliberative process privilege, the presidential President of relatives within the fourth degree communication privilege applies to documents of consanguinity or affinity does not include in their entirety and covers final and post- appointments to the Judiciary. decisional matters, as well as pre-deliberative 26. The faithful execution of the laws requires the ones. The deliberate process privilege includes President to desist from implementing a law if advisory opinions, recommendation and by doing so will prejudice public interest. deliberations comprising part of a process by 27. Gerrymandering refers to the practice of which governmental decisions and policies are creating or dividing congressional districts in a formulated. manner intended to favour a particular party 33. Only the President or the Executive Secretary or candidate. by order of the President can invoke executive 28. The SC decision cannot be deemed to have privilege. been promulgating simply because of the 34. The doctrine of operative facts means that announcement of the voting in a press release, before a law is declared unconstitutional, its because the decision has not yet been issued actual existence must be taken into account and filed with the Clerk of Court. Until the and whatever was done while the law is in decision is filed with the Clerk of Court, the operation should be recognized as valid. Justices still have control over the decision and 35. The doctrine of necessary implication means they can still change their votes. that every statute is understood by implication 29. The Department Head is an alter ego of the to contain all such provisions as may be President and must enjoy his confidence even necessary to effectuate its objects and if the appointment will be merely temporary. purpose, or to make effective rights, powers, The Senators cannot require the President to privileges or jurisdiction which it grants, designate an Undersecretary to be temporary including all such collateral and subsidiary alter ego of the President. consequences as may be fairly and logically 30. Judicial power (Section 1, Article VIII) is the inferred from its terms. authority to settle justifiable controversies or 36. The rotational scheme of appointments in the disputes involving rights that are enforceable COMELEC refers to the scheme in which there and demandable before the courts of justice or is a regular recurrence of a two-year interval the redress of wrongs for violation of such between the expiration of terms of the rights. It includes the duty of the courts to Chairman and the Commissioners. The two settle actual controversies involving rights conditions for the workability of the rotational which are legally demandable and enforceable, scheme of appointments are the following: (1) and to determine whether or not there has the terms of the first Chairman and been a grave abuse of discretion amounting to Commissioners should start on a common lack or excess of jurisdiction on the part of any date, irrespective of variation of dates of their branch or instrumentality of the government. appointments and qualifications; and (2) any 31. The statement that a treaty which provides tax vacancy due to death, resignation or disability exemption needs no concurrence by a majority before expiration of the term should be filled of all the Members is true. It is only a law, not only for the unexpired balance of the term. The rotational scheme of appointments applies situation in which a person simultaneously also to the JBC, the CSC, and the COA. owes by some positive and voluntary act, 37. A pocket veto is when the President is loyalty to two or more states. considered to have rejected the bill submitted 46. The mere delay in payment of just to him for his approval when Congress compensation will not entitle the owner of the adjourns during the period given to the expropriated property to recover the land. President to approve or reject the bill. On the Instead, legal interest on the just other hand, an item veto, or partial veto, is the compensation should be paid. However, if power of the President to nullify or cancel payment was not made within 5 years from specific provisions of a bill, usually a budget the finality of judgment in expropriation case, appropriations bill, without vetoing the entire the owner can recover the property. To be just, legislative package. the compensation must be paid within a 38. An education institution which is 100% foreign- reasonable time. owned may be established in the Philippines if 47. The owner of expropriated property can legally it established by religious groups and mission demand to repurchase the property if the boards. purpose for the expropriation was abandoned. 39. The law absolutely prohibiting all forms of 48. The elements of a valid petition for a people’s gambling is a valid exercise of police power, initiative are the following: (1) at least 12% of because it is an evil that undermines the social, the registered voters, of which every legislative moral and economic growth of the nation. district must be represented by at least 3% of 40. A person not being subjected to a criminal the registered voters in it, should directly sign penalty cannot invoke their right against self- the entire proposal; (2) the draft of the incrimination unless a question calling for an proposed amendment must be embodied in incriminating answer is propounded. the petition. 41. The power to invoke executive privilege is 49. The SC has supervisory jurisdiction over all limited to the President. courts and personnel thereof. Exercising 42. A natural-born Filipino who lost his Filipino executive clemency over judges disciplined by citizenship and subsequently reacquired the Court is a violation of the separation of Filipino citizenship through repatriation is a powers. Moreover, executive clemency cannot natural-born citizen. be delegated. 43. Under Section 7, Article XII of the Constitution, 50. The CHR cannot order the City Mayor to stop aliens may acquire private lands by hereditary the implementation of the EO, because it has succession. Under Section 6, Article XII, no power to issue writs of injunction. The CHR natural-born Filipino citizens who lost their is purely investigatory body and does not Filipino citizenship may be transferees of perform adjudicative function. private land. 51. Calling out power of the President refers to the 44. Under Section 18, Article VII of the power of the President to order the armed Constitution, the President has control of all forces, whenever it becomes necessary, to executive departments, bureaus and offices. suppress lawless violence, invasion or His power of control extends to agencies with rebellion. respect to their administrative functions, even 52. A citizen has standing to question the validity if they are performing quasi-judicial functions. of the Presidential Proclamation placing the PH 45. Dual citizenship arises when, as a result of the under Martial Law. concurrent application of different laws of two 53. Since the exercise of the power to proclaim or more states, a person is simultaneously martial law is subject to the condition that considered a national by those states and is there is invasion or rebellion, and that public involuntary. Dual allegiance refers to the safety requires the proclamation, the SC may inquire into the sufficiency of the factual basis has been charged, it applies to any office which of the proclamation. he may be holding. 54. A law fixing the terms of local officials, other 60. A sale of land to an alien can no longer be than baranggay officials, at six years is annulled if it has been conveyed to a Filipino unconstitutional, because the Constitution citizen. fixes the terms of local offices at three years. 61. When the Government expropriates private The Congress may only determine the terms of property without paying compensation, it is barangay officials. deemed to have waived its immunity from the 55. The function of the Senate Electoral Tribunal suit. Otherwise, the constitutional guaranty and House of Representative Electoral Tribunal that private property shall not be taken for is to be the sole judge of all contests relating public use without payment of just the election, returns and qualifications of compensation will be rendered nugatory. Senators and Congressmen respectively. 62. In Krivinko v. Register of Deeds, aliens can 56. In a parliamentary form of government, the lease private agricultural land, because they cabinet, the executive arm, are simultaneously are granted temporary rights only and this is members of the legislature. The Prime Minister not prohibited by the Constitution. is the head of the cabinet. The cabinet remains 63. Cronyism is a legal ground for the in power only so long as it enjoys the support impeachment of the President. Under Section of the legislature. The Prime Minister may be 2, Article XI of the Constitution, betrayal of removed on a vote of “no confidence”. The public trust is one of the grounds for Prime Minister can dissolve the legislature and impeachment. This refers to violation of the call for new elections. In Parliamentary form of oath of office and includes cronyism which government, there is a fusion of executive and includes unduly favouring a crony to the legislative powers. prejudice of public interest. 57. The SC could not interfere with the suspension 64. The following are constitutional safeguards to of a Congressman for disorderly behaviour, the exercise of the power of the President to because the House of Representative is the proclaim martial law: (1) There must be actual judge that constitutes disorderly behaviour. invasion or rebellion; (2) The duration of the 58. Section 3 Article II means that the AFP should proclamation shall not exceed 60 days; (3) not serve the interest of the President but of Within 48 hours, the President shall report his the people and should not commit abuses action to Congress. If Congress is not in against the people. This provision is specifically session, it must convene within 48 hours; (4) addressed to the AFP and not to the PNP, Congress may by majority vote of all its because the latter is separate and distinct from members voting jointly revoke the the former. proclamation, and the President cannot set 59. As held in Santiago v. Sandiganbayan, the aside the revocation; (5) By the same vote and suspension contemplated in Section 16(3), in the same manner, upon initiative of the Article VI is a punishment that I s imposed by President, Congress may extend the the Senate or House of Representative against proclamation if the invasion or rebellion an erring member. It is distinct from the continues and public safety requires the suspension under Section 13 of the Anti-Graft extension; (6) The SC may review the factual and Corrupt Practices Act, which is not a sufficiency of proclamation, and the SC must penalty but a preventive measure. Since decide the case within 30 days from the time it Section 13 of the Anti-Graft and Corrupt was filed; and, (7) Martial law does not Practices does not state that the public officer automatically suspend the privilege of the writ must be suspended only in the office where he of habeas corpus or the operation of the is alleged to have committed the acts which he Constitution. It does not supplant the functioning of the civil courts and of Congress. means that by consenting to be such, the State Military courts have no jurisdiction over does not necessarily admit it is liable. The civilians where civil courts are able to function. State is merely giving the plaintiff the chance 65. A former natural-born Filipino citizen, who has to prove that the State is liable but the State lost their Philippine citizenship by reason of retains the right to raise all lawful defences. their acquisition of foreign citizenship of a 71. Under Section 23(2), Article VI, Congress may foreign country may reacquire their Philippine grant the President emergency powers subject citizenship by: (1) taking an oath of allegiance to the following conditions: (1) There is war or under RA 9225; (2) naturalization; (3) other national emergency; (2) The grant of repatriation pursuant to RA 8171; (4) direct act emergency powers must be for a limited of Congress. period; (3) The grant of emergency powers is 66. Under Section 2, Article XI of the Constitution, subject to such restrictions as Congress may the grounds for impeachment are culpable prescribe; and (4) The emergency powers must violations of the Constitution, treason, bribery, be exercised to carry out a declared national graft and corruption, other high crimes, and policy. betrayal of public trust. Culpable violation of 72. The privilege of the writ of habeas corpus may the Constitution means intentional violation of be suspended only when there is an invasion the Constitution and not violations committed or rebellion and public safety requires it. The in good faith. Treason and bribery have the suspension of the privilege of the writ of same meaning as in the Revised Penal Code habeas corpus shall apply only t persons Graft and corruption refers to prohibited acts judicially charged with rebellion or offenses enumerated in the Anti-Graft and Corrupt inherent in or directly connected with invasion. Practices Act. High crimes refer to offenses Any person arrested or detained should be that strike at the very life or orderly working of judicially charged within 3 days. Otherwise, he the government. Betrayal of public trusts should be released. Moreover, the right to bail refers to any violation of the oath of office. shall not be impaired even when the privilege 67. The COA has the authority to settle all of the writ of habeas corpus is suspended. accounts pertaining to expenditure of public 73. The President can take active part in the funds. legislative process to the extent allowed by the 68. The Restrictive application of State Immunity is Constitution. He can address Congress at any proper only when the proceedings arise out of time to propose the enactment of certain laws. commercial transactions of the foreign He recommends the general appropriations sovereign, its commercial activates or bill. He can call a special session of Congress at economic affairs. State differently, a State may any time. He can certify to the necessity of the have said to have descended to the level of an immediate enactment of a bill to meet a public individual and can thus be deemed to have calamity or emergency. H e can veto a bill. tacitly given its consent to be sued only when 74. The constitutional rights of a person under it enters into business contracts. It does not investigation for the commission of an offense apply where the contract relates to the begins to operate when the investigation exercise of its sovereign powers. ceases to be a general inquiry upon an 69. A decision granting citizenship is not res unsolved crime and begins to be aimed upon a judicata and the right of the government to ask particular suspect who has been taken into for the cancellation of a certification for custody and the questions tend to elicit naturalization is not barred by the lapse of incriminating statements. time. 75. The VAWC law does not violate the equal 70. The phrase that waiver of immunity by the protection clause. It is based on substantial State does not mean a concession of liability distinctions. The unequal power relationship between women and men, the greater free speech, but also those involving religious likelihood for women than men to be victims freedom and other fundamental right. of violence, and the widespread gender bias 80. The void-for-vagueness doctrine is a concept and prejudice against women all make for real which means that if a law is incomprehensible differences. to ordinary people such that they do not really 76. Random drug testing of officers and employees know what is required or prohibited, then the of public and private offices is justifiable. Their law must be struck down. expectation of privacy in office is reduced. The 81. The liberty of abode and the right to travel are drug test and results are kept confidential. not absolute. The liberty of abode and of Public officials and employees are required by changing it can be imposed within the limits the Constitution to be accountable at all times prescribed by law upon lawful order. The right to the people and to serve them with utmost to travel may be impaired in the interest of responsibility and efficiency. The mandatory national security, public safety, or public health testing of all persons charged before the as may be provided by law. prosecutor’s office of a criminal offense is 82. A statute is overbroad when the governmental void. They are not randomly picked and are purpose to control or prevent activities not beyond suspicious. They do not consent to constitutionality subject to state regulations is the procedure or waive their right to privacy. sought t be achieved by means which sweep 77. The right to be informed of the complaint and unnecessarily broadly and invade the area of to be given the opportunity to raise one’s protected freedom. It applies both to free defences does not apply to preliminary speech cases and penal statutes. However, a investigation. Preliminary investigation is facial challenge on the ground of overbreadth merely procedural. It may be dispensed with can only be made in free speech cases because without violating the right of the accused to of its chilling effect upon protected speech. A due process. facial challenge on the ground of overbreadth 78. Benevolent neutrality means that with respect is not applicable to penal statutes, because in to governmental actions, accommodation of general they have an in terrorism effect. religion may be permitted to allow individuals 83. The two basic prohibitions on freedom of and groups to exercise their religion without speech and freedom of the press are prior hindrance. What is sought is not a declaration restraint and subsequent punishment. of unconstitutionality of the law but an 84. The hierarchy of civil liberties means that exemption from its application. freedom of expression and the rights of 79. A facial challenge is one that is launched to peaceful assembly are superior to property assail the validity of statutes concerning not rights. only protected speech, but also all other rights 85. The freedom of exercise of religion entails the in the First Amendment (US). There include right to believe, which is absolute, and the religious freedom, freedom of the press, and right to action on one’s belief which is subject the right of the people to peaceably assemble, to regulation. As a rule, the freedom of and to petition the Government for redress of exercise of religion can be restricted only if grievances. After all, fundamental right to there is a clear and present danger of a religious freedom, freedom of the press and substantive law which the state has the right peaceful assembly are but component rights of to prevent. The non-establishment clause the right to one’s freedom of expression, as implements the principle of separation of they are modes which one’s thoughts are church and state. The state cannot set up a externalized. In this jurisdiction, the scope is church, pass laws that aid one religion, and all expended to cover statutes not only regulating religions prefer one religion over another, force or influence a person to go to or remain away from church against his will, or force him lawful arrest; (2) searches of prohibited articles to profess a belief or disbelief in any religion. in Plain View; (3) search of a moving vehicle; 86. Evidence in plain view can be seized without (4) consented search; (5) enforcing of customs need of a search warrant if the following law; (6) stop and frisk; (7) evident and elements are present: (1) there was a proper emergency circumstances; (8) visual search at valid intrusion based on the valid warrantless checkpoints. arrest in which the police were legally present 92. Academic freedom of an institution includes pursuant of their duties; (2) the evidence was the freedom to determine who may teach, inadvertently discovered by the police who what may be taught, how it shall be taught, had the right to be where they were; (3) the and who may be admitted to study. evidence must be immediately apparent; () 93. The rule of double jeopardy means that when Plainview justified seizure of evidence without a person was charged with an offense and the further search. case was terminated by acquittal or conviction 87. Trial by jury is not contemplated or granted without his consent, he cannot again be under the Constitution. Jury trial supposes the charged with the same identical offense. division of judicial power into fact finding and 94. A first jeopardy attaches: (1) upon a valid legal decision on facts found. The Constitution complaint or information; (2) before a says that judicial power shall be vested in one competent court; (3) after arraignment; (4) a Supreme Court and such other courts which valid entry of plea; and (5) the dismissal or may be created by law. termination of the case was without the 88. The requirement to apply for a permit to hold express consent of the accused. a rally is not a prior restraint on freedom of 95. The doctrine of administrative remedies means speech and assembly because the requirement that when an adequate remedy is available merely regulates the exercise of the right as to within the Executive Department, a litigant the time, place and matter of the rally to the must first exhaust his remedy before he can extent needed to avoid a clear and present resort to the courts. The purpose of the danger of the substantive evil which the State doctrine is to enable the administrative has the right to prevent. The requirement is no agencies to correct themselves if they have content-based since the content of the speech committed an error. is not relevant to the regulation. 96. It is only the President who is authorized to 89. Ordering the accused to produce a sample of exercise emergency powers and call out the his handwriting to be used as evidence that he AFP. Section 465 of the Local Government is the author of a letter wherein he agreed to Code does not sanction his actions. It refers to kill the victim will violate his right against self- calamities and disasters. Looting is not a incrimination. Writing is not a purely calamity or disaster. The power under Article mechanical act, because it requires the 465 of the LGC to call upon national law application of intelligence and attention. enforcement agency to suppress lawless Producing a sample of his handwriting to violence is not applicable. identify him as the writer of the letter. 97. Under Section 118 of the LGC, boundary 90. The constitutional right against unreasonable disputes between and among municipalities in search and seizure is a restraint upon the the same province shall be referred to the government. It does not apply so as to require Sangguniang Panlalawigan exclusion of evidence which came into 98. A De Facto corporation is one so defectively possession of the Government through a created as not to be a de jure corporation but search made by a private citizen. is nevertheless the result of a bona fide 91. Warrantless search may be effected in the attempt to incorporate under existing following cases: (1) search incidental to a statutory authority, coupled with the exercise of corporate powers, and recognized by the 105. If a candidate was proclaimed for three courts as such on the grounds of public policy consecutive terms but did not serve it in full in all proceedings except by a direct attack by because of loss in an election protest, he is the state questioning the corporate existence. not disqualified. 99. A municipal corporation by estoppels is a 106. The rule is that an ineligible candidate who corporation which is defectively formed as not receives the highest number of votes is a to be a de facto corporation but is considered wrongful winner. By express legal mandate, a corporation in relation to someone who he could not even have been a candidate in deals with it and acquiesced in its exercise of the first place, but by the virtue of the lack of its corporation functions or entered into a material time or any other intervening contract with it. circumstances, his ineligibility might not have 100. To be considered a Member of the House of been passed upon prior to election date. Representatives, there must be a concurrence Consequently, he may have had the of the following requisites: (1) a valid opportunity to hold himself out the electorate proclamation; (2) a proper oath; (3) as a legitimate and duly qualified candidate. assumption of office. Once a winning However, notwithstanding the outcome of candidate has been proclaimed and taken his the elections, his ineligibility as a candidate oath and assumed office as a Member of the remains unchanged. Ineligibility does not only House of Representatives, the jurisdiction of pertain to hold public office. The number of the COMELEC over the election contest ends, ballots cast in his favour cannot cure the and the jurisdiction of the HRET begins. defect of failure to qualify with the 101. In computing the three term limit, only the substantive legal requirements of eligibility to term for which the local official was elected run for public office. should be considered. The second sentence of Section 8, Article X of the Constitution states that the voluntary renunciation shall not be considered as interruption of the continuity of the service for the full term for which he was elected. 102. A mayor who served three consecutive terms and did not seek a fourth term but ran and won in the recall election can serve because the recall election was not an immediate re- election. 103. If a municipality in which a mayor served three consecutive terms was converted to a city, he cannot run as a city mayor in the first election. For purpose of applying the three term limit, the office of the municipal mayor should not be considered as different from that of city mayor. 104. The temporary inability of an elective official to exercise his functions due to preventive suspension is not an interruption of his term, because it did not involve loss of the title to the office.