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Rulings, Requisites and Definitions1) October 2011 Edition
ATTY. LARRY D. GACAYAN
Professor of Law UNIVERSITY OF THE CORDILLERAS COLLEGE OF LAW Baguio City (CONSTITUTIONAL LAW REVIEW, CONSTITUTIONAL LAW I, CONSTITUTIONAL LAW II )
CPRS BAR REVIEW CENTER Zamboanga City, Iloilo City, Davao City, Cagayan de Oro City and Baguio City EXCELLENT BAR REVIEW CENTER Cebu City and Baguio City COSMOPOLITAN REVIEW CENTER (CRC) UC, Baguio City POWERHAUS LAW REVIEW CENTER Baguio City, Santiago City, Isabela, San Fernando City (LU) Tagbilaran City & Dipolog City UNIVERSITY OF PANGASINAN PRE-BAR REVIEW CENTER Dagupan City HOLY TRINITY BAR REVIEW CENTER General Santos City
The examinee is presumed to have mastered the Constitutional provisions.
POLITICAL LAW 1. Define Political Law It is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. (PEOPLE VS. PERFECTO, 43 Phil. 887) 2. What are included in Political Law? • Constitutional Law; • Administrative Law • Law of Public Officers • Law on Public Corporation • Election Law 3. What is the doctrine of constitutional supremacy? Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. 4. What are the requisites for the exercise of “people’s initiative” to amend the Constitution? It is provided under Section 2, Art. XVII of the Constitution which provides that “Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voter therein.” The Congress shall provide for the implementation of the exercise of this right.
5. Is there a law which would provide for the mechanism for the people to propose amendments to the Constitution by people’s initiative? While Congress had enacted RA 6735 purportedly to provide the mechanisms for the people’s exercise the power to amend the Constitution by people’s initiative, the Supreme Court in MIRIAM DEFENSORSANTIAGO, et al. Vs. COMELEC, G.R. No. 127325, March 19, 1997 & June 10, 1997, the Supreme Court held that RA 6735 is incomplete, inadequate or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned. Its lacunae on this substantive matter are fatal and cannot be cured by “empowering” the COMELEC to promulgate such rules and regulations as may be necessary to carry the purposes of this act. In LAMBINO VS. COMELEC, however, the Supreme Court on November 21, 2006, in the Minute Resolution of the petitioner’s Motion for Reconsideration held that RA No. 6735 is adequate and complete for the purpose of proposing amendments to the Constitution through people’s initiative by a vote of 10 members as per Certification of the En Banc’s Clerk of Court. 5-a. May the question “Do you approve the amendment of Articles VI and VII of the 1987 Philippine Constitution changing the form of government from Presidential-Bicameral to Parliamentary-Unicameral” be allowed to be submitted to the people for their ratification or rejection as a means of amending the Constitution by people’s initiative if the requisite number of signatories (12% nationwide and at least 3% for every legislative district) are met? No for two (2) reasons. 1. The said “proposal” did not indicate which provisions of Articles VI and VII are actually being amended which is a must under Section 2, Art. XVII. Otherwise, who shall make the amendments if the people in a plebiscite approve the same; 2. Changing the form of government from presidential to parliamentary is an act of REVISING the Constitution which is not allowed under Art. XVII, Section 2. People’s initiative may only be allowed to propose amendments to the Constitution, not revision.
the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. Distinguish “Revision” from “amendment” of the Constitution. together with 6. 174153. No. AUMENTADO .952 registered voters vs. The people must author and must sign the entire proposal. These essential elements are present only if the full text of the proposed amendments is first shown to the people who will express their assent by signing such complete proposal in a petition. THE COMMISSION ON ELECTIONS. or perhaps some of its important provisions. “Amendment” of the Constitution. the following requisites must be present: 1. That intention and plan must contemplate a consideration of all the provisions of the Constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one. No agent or representative can sign for and on their behalf. October 25. THE PROPOSAL MUST BE EMBODIED IN A PETITION. LAMBINO and ERICO B. an amendment is “DIRECTLY PROPOSED BY THE PEOPLE THROUGH INITIATIVE UPON A PETIITON “ ONLY IF THE PEOPLE SIGN ON A PETITION THAT OCNTAINS THE FULL TEXT OF THE PROPOSED AMENDMENTS.4 6. 7. G. 505 SCRA 160 . envisages a change or only a few specific provisions. “Revision” is the alterations of the different portions of the entire document [Constitution]. 2. 2006. As an initiative upon a petition. Thus.R. What are the requisites before an amendment to the Constitution by “people’s initiative” is sufficient in form and in substance? In the case of RAUL L. It may result in the rewriting whether the whole constitution. on the other hand. The intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility.327. But whatever results the revision may produce. The intention rather is to improve specific parts of the existing constitution or to add to it provisions deemed essential on account of changed conditions or to suppress . or the greater portion of it.
XVII also means “AND”. PHILIPPINE POLITICAL LAW) 8. form part of the internal waters of the Philippines. territory 3. or misleading in their effect.5 portions of it that seem obsolete. Art. (GONZALES VS. sovereignty 4. (TOLENTINO VS. COMELEC. OR  A constitutional Convention” under Section 1. the elements of a state are. or dangerous.” 11. 468 (Ministrant . 42 SCRA 23. CAMPOS RUEDA. 1. between and connecting the islands of the archipelago. Are the two-fold function of government as enumerated by the Supreme Court in BACANI VS. regardless of their breadth and dimensions. 100 Phil. 21 SCRA 774) 9. What is the “Doctrine of Proper Submission” in connection with proposed amendments to the Constitution? “Doctrine of Proper Submission” means all the proposed amendments to the Constitution shall be presented to the people for the ratification or rejection at the same time. What are the elements of a “state”? As held in COLLECTOR VS. I of the Constitution which states that “the waters around. 41 SCRA 702) 10. NACOCO. there is no prohibition for Congress to propose amendments to the Constitution and at the same time call for the convening of a Constitutional Convention to amend the Constitution. people 2. Art. Vicente. government 12. COMELEC. What is the archipelagic doctrine or archipelago theory? It is the 2nd sentence of Section 1. (SINCO. May Congress propose amendments to the Constitution while at the same time calling for a Constitutional Convention to amend the Constitution? Yes. not piecemeal. The word “or” in the provision “…Congress. upon a vote of ¾ of all its members.
13. and others. CUGCO. the two-fold function of the government as classified by President Wilson is no longer relevant as a result of the changing society wherein what are considered merely ministrant functions of the State before are now considered constituent . Great Britain. The first. by force or by the voice of the majority. is considered de jure if it is already accepted by the family of nations or other countries like the United States. by the troops of the United States. A government formed as a result of a people’s revolution. This is due to complexities of the changing society. What kind of government was the “Aquino Government” after former President Marcos left Malacanang for Hawaii due to the EDSA Revolution in February 1986. 30 SCRA 649. and which is denominated a government of paramount force. Mexico. What are the three (3) kinds of de facto government? As held in CO KIM CHAM VS. 14. b. in Maine. 75 Phil. or government de facto in a proper legal sense. c. the same is de jure.6 [merely directory] and Constituent [Mandatory] Functions) still applicable today? No more as held in ACCFA VS. as the cases of Castine. 145 SCRA 160. such as the government of England under the Commonwealth. or vice versa. the rightful legal governments and maintains itself against the will of the latter. and Tampico. which was reduced to British possession in the war of 1812. is that government that gets possession and control of. The second is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war. 113. occupied during the war with Mexico. or usurps. Germany. VALDEZ TAN KEH. Japan. the three (3) kinds of de facto governments are: a. And the third is that established as an independent government by the inhabitants of a country who . As held in In Re: SATURNINO BERMUDEZ. first by Parliament and later by Cromwell as Protector.
15. perhaps. Its distinguishing characteristics are (1).7 rise in insurrection against the parent state of such as the government of the Southern Confederacy in revolt not concerned in the present case with the first kind. by acts of obedience rendered in submission to such force. (Taylor. and (2). What is the postliminy theory or jus postliminium? When a foreign power occupies a state and exercises the powers of government. "But there is another description of government. called also by publicists a government de facto. or wrongdoers. the political laws of the said state are deemed automatically suspended but the former government automatically comes to life and will be in force and in effect again upon the re-establishment of the former government. (Cited in Reagan vs. be more aptly denominated a government of paramount force. there is at the most diminution of jurisdictional rights. that its existence is maintained by active military power with the territories. p." The opinion was at pains to point out though that even then. though not warranted by the laws of the rightful government. 615. it "is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self-restriction." A state then. What is the doctrine of sovereignty as “auto limitation”? In the succinct language of Jellinek. may refrain from the exercise of what otherwise is illimitable competence. but which might. and against the rightful authority of an established and lawful government. but only with the second and third kinds of de facto governments. that while it exists it necessarily be obeyed in civil matters by private citizens who. . International Law. if it chooses to. for those acts.) 16. not its disappearance. do not become responsible.
DIRECTOR OF PRISONS. JALANDONI. EDU. ROBERTSON. 90 Phil. 70. Is the “separation of church and state” a myth or a reality? It is a reality as shown by the following provisions of the Constitution. In case of conflict between a constitutional right of a citizen and a generally accepted principle of international law. LAGMAN. (MEJOFF VS. GOZO. KURODA VS. without discrimination or preference. No law shall be made respecting an establishment of religion. 18. which shall prevail? In the case of REYES VS. 83 Phil 171. 20. What is the “incorporation theory” or the “Incorporation Clause” of the Constitution? It is the principle embodied in Section 2.8 Commissioner. 5. BAGATSING. 66 Phil. Though Article 22 of the Vienna Convention on Diplomatic Relations prohibits rallies within 500 feet of any foreign embassy. III. ART. 88 SCRA 195). the Supreme Court held that the constitutional right shall prevail. Sec. 53 SCRA 476 and COMMISSIONER VS. and AGUSTIN VS. or prohibiting the free exercise thereof. 143 SCRA 397) 17.125 SCRA 553. “The appellant’s argument that he does not want to join the armed forces because “he does not want to kill or be killed” and that “he has no military inclination” is not acceptable because it is his obligation to join the armed forces in connection with the “defense of the State” provision of the Constitution. May a citizen refuse to render personal military service/training because he does not have military inclination or he does not want to kill or be killed? No as held in PEOPLE VS. PEOPLE VS. the same shall give way to the constitutional right of the citizens to “peaceably assemble and to petition the government for redress of their grievances”. shall forever be . 1. 19. The free exercise and enjoyment of religious profession and worship. Article II of the Constitution which states that “The Philippines adopts the generally accepted principles of international law as part of the law of the land”. 13.
benefit. Sec. as stated in Section 8. directly and exclusively used for religious. Religious denominations and sects shall not be registered…as political parties. directly or indirectly. mosques. 2. VI) 5. applied.  national interest. adopts and pursues a policy of freedom from nuclear weapons in its territory. 21. 22. 3(3). 2(5). churches. VI. and  the right to self-determination. or government orphanage or leprosarium. Charitable institutions. is assigned to the armed forces. paid. C. In its relations with other states the paramount consideration shall be  national sovereignty. if it is consistent with national interest. without additional cost to the government. ART. ART. XIV. IX. No public money or property shall be appropriated.” As such. 28 (3). 4. charitable. . “the Philippines. or support of any sect. 3. except when such priest. Is there absolute prohibition for the Philippines to be equipped with nuclear weapons? No.9 allowed. ART. or to any penal institution. denomination or religion. minister. The Philippines shall pursue an independent foreign policy. non-profit cemeteries…actually. for the benefit. or educational purposes shall be exempt from taxation. consistent with the national interest. Sec. Sec. the same is not prohibited. (NOTE: Religious organizations are also prohibited ion connection with sectoral representatives under Art. 29 . church. NO RELIGIOUS TEST SHALL BE REQUIRED FOR THE EXERCISE OF CIVIL OR POLITICAL RIGHTS. for the use. ART.  territorial integrity. II. Art. At the option in writing by parents. VI. II.(2).. religion shall be allowed to be taught to their children in elementary and high schools within the regular class hours by instructors designated or approved by religious authorities to which said children belong. What are the factors to be considered by the Philippines in dealing with other nations? As provided in Section 7 of Art.
WADE]) 24. Is abortion allowed in the Philippines? Section 12. As such. May the State require parents to enroll their small children only to public schools valid? As held in PIERCE VS.10 23. May the State prohibit the teaching of a particular language in any school? No as held in MEYER VS. III) which provides in part that the “State shall strengthen the family” does not take a stand on divorce though it appears that a divorce law would “break” the family instead of “strengthening” it. This is in accordance with this provision which states that the parents have the “natural and primary right in rearing their child for civic efficiency…” 25. They have the right to choose which school is best suited for the . 260 US 260 (1922) because the child is not a mere creature of the State and the parents have the natural right and duty of rearing their children for civic efficiency. SOCIETY OF SISTERS. 26. 390 US 629 (1969). as held in the case of GINSBERG VS. Is a law prohibiting the sale of “girlie(bold) magazines” to minors violates the right of parents in rearing their children for civic efficiency? No. This is so because parents could buy said magazines for their children if they believe the same is already suitable to the understanding of their child. Art. a law prohibiting the sale of “girlie magazines” [bold?) is constitutional and does not violate the above provision. Art. 23. 268 US 510 (1925). Is “divorce” prohibited by the 1987 Philippine Constitution? : Father Bernas opines that the provision of the Constitution (Section 12. II prohibits all forms of abortion except “therapeutic abortion” or when the life of the mother is in danger. NEBRASKA. a Divorce Law to be passed by Congress may or may not be unconstitutional. abortion is allowed but only up to the 2nd trimester of the pregnancy [ROE vs. (Note: In the United States. a law requiring small kids to be enrolled in public schools only is unconstitutional since it interferes with the right of parents in rearing their children. NEW YORK.
Such act would violate Section 28. housing. THIS IS SO BECAUSE THE CHILDREN ARE NOT MERE CREATURES OF THE STATE. Art. 286 SCRA 109 where it was held that the Philippine Constitutions. protection to labor… (NOTE. PHILIPPINE COCONUT AUTHORITY. GOVERNMENT OFFICIALS HAVE LIMITED RIGHT TO PRIVACY. that the 1987 Constitution have provisions which provide for “free enterprise). Sections 6 and 9. CUGCO. Do we practice the free enterprise system in the Philippines or is it the welfare state concept? Distinguish the two. II of the Constitution mandating disclosure of all public transactions involving the public interest. 504 SCRA 704) . The said doctrine was reiterated in PHILIPPINE COCONUT DESICCATORS VS. 27. free enterprise does not call for the removal of “protective regulations” for the benefit of the general public.11 development of their children without interference from the State. it nevertheless reserves to the government the power to intervene whenever necessary to promote the general welfare. Art. XII. and although the present Constitution enshrines free enterprise as a policy. Such act would also violate the “right to information on matters of public concern” as well as the “public accountability of public officials” as embodied in Section 1. a private firm sequestered by the government on account of Executive Order No. May the PCGG Commissioners refuse to appear before a Senate Committee conducting alleged irregularities committed by them while sitting in the Board of PHILCOMSAT. not to mention that such would render nugatory the power of Congress under Section 21. it is very clear that the government reserves the power to intervene whenever necessary to promote the general welfare and when the public interest so requires. As such. HAVE REPUDIATED laissez faire (or the doctrine of free enterprise) as an economic principle. This is so because under Art. It is the welfare-state concept which is being followed as shown by the constitutional provision on agrarian reform. 30 SCRA 649 “the Philippines never practiced the free enterprise system. 1 providing that they should not be the subject of any investigation in connection with their acts in connection with the performance of their duties as such? No. GORDON. As held in ACCFA VS. however. XI of the 1987 Constitution. VI. Art. (SABIO VS. 27-a. starting from the 1935 document. IN FACT.
What are the constitutionally allowed “delegation of legislative power” by Congress? The permissible delegation of legislative power are. Unless sooner withdrawn by Resolution of Congress. of which every legislative district must be represented by at least 3% of the registered voters thereof.12 28. What Are the limitations to the Congress power to exercise legislative power? The limitations are: 1. tonnage and wharfage dues. 30. XVII of the Constitution and Section 32. and other duties or imposts within the framework of the national development program of the government. 2) Sec. whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress of local legislative body after the registration of a petition thereof signed by at least 10% of the total number of registered voters. such powers shall cease upon the next adjournment thereof. Article VI---The Congress shall. provide for a system of initiative and referendum. 28 (2) of Article VI. authorize the President to fix within specified limits. and the exceptions therefrom. Art. principle of separation of powers 3. for a limited period and subject to such restrictions as Congress may provide. and subject to such limitations and restrictions as it may impose. to exercise powers necessary and proper to carry out a declared national policy. 3) Delegation to local governments 4) Delegation of Rule-making power to administrative bodies 5) Delegation to the People (Section 2. The Congress may by law. What is the completeness test? The sufficiency of standard test? . it cannot pass irrepealable laws 2. as early as possible. import and export quotas. 1 ) Sec. 23 (2) of Article VI (Emergency powers to the President in case of war or other national emergency. non-delegability of legislative powers 29. tariff rates.
VOP. the COMELEC Resolution is unconstitutional. or after separation from the Armed Forces of the United states. VP. Senators and members of the House of Representatives to submit a Certification from a government-accredited drug-testing centers that they are free from prohibited drugs before their Certificate of Candidacy is admitted? No. . 31. including those for President. 15 SCRA 569: (a) Completeness Test simply means that the law must be complete in itself when it left Congress. Is it constitutional for the COMELEC to require candidates for all elective offices. (PIMENTEL VS.” And he shall still be considered “natural born” Filipino citizen. It must set forth therein the policy to be executed. or accepting commission in. 2008) 31-a. G. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL and TEODORO CRUZ. 161658. etc.R.13 As held in PELAEZ VS. Act No. carried out or implemented by the delegate which is not given any discretion. Some of the standards to guide the delegate are general welfare. AUDITOR GENERAL. COMELEC. The said Oath of allegiance shall contain a renunciation of any other citizenship. 357 SCRA 545 because Rep. No. public interest. and (b) Sufficiency of Standards Test simply requires Congress to fix a standard. acquired US citizenship. Senators and Members of the House of Representatives not required by the Constitution. 2630 provides that “Any person who had lost his Philippine Citizenship by rendering service to. MAY REACQUIRE PHILIPPINE CITIZENSHIP BY TAKING AN OATH OF ALLEGIANCE TO THE REPUBLIC OF THE PHILIPPINES AND REGISTERING THE SAME WITH THE LOCAL CIVIL REGISTRY IN THE PLACE WHERE HE RESIDES OR LAST RESIDED IN THE PHILIPPINES. November 3. It adds additional qualifications for the President. Is a Filipino citizen who became a member of the US Armed Forces and therefore at one time a US Citizen considered “natural born” for purposes of complying with the qualifications of a member of the House of Representatives? Yes as held in ANTONIO BENGSON III VS. the limits of which are sufficiently determinate or determinable to which the delegate must conform in the performance of his functions. the Armed Forces of the United States.
COMELEC and DOMINO VS. 2004. HOUSE ELECTORAL TRIBUNAL and MARIO CRESPO. when a candidate has not been disqualified by final judgment during the election day he was voted for. In the computation of party-list representatives. Art. VI. Hence. is the Veterans Federation Party . a. COMELEC. must the law creating it be first submitted to the people therein in a plebiscite in accordance with Section 10. If the candidate for Congressman is subsequently disqualified for non-compliance of the residence requirement under Art.14 32. December 8. 1. There must be a final judgment disqualifying a candidate in order that the votes of a disqualified candidate can be considered “stray”. The said principle was laid down as early as 1912 and reiterated in the cases of LABO VS. 32-a. the votes cast in his favor cannot be declared stray. The disqualification of a candidate who obtained the highest number of votes AFTER THE ELECTION does not entitle the second placer to be declared the winner. This was the ruling in the case of CODILLA VS. COMELEC. June 15. As held in OCAMPO VS. may the 2nd placer be declared the winner in his place? When may the 2 nd placer be allowed to be declared the winner? It depends. DE VENECIA. COMELEC. This final judgment must be rendered BEFORE THE ELECTION. because the creation of another district when the same is warranted as when there is an increase of population justifying the creation of a new district does not create a new or divide a local government unit.k. 2008) 32-b. MARK JIMENEZ. To do so would amount to disenfranchising the electorate in whom sovereignty resides. In order to validly create an aditional district for Cagayan de Oro City. (BAGABUYO VS. 2.a. The reason behind this is that the people voted for him bona fide and in the honest belief that the candidate was then qualified to be the person to whom they would entrust the exercise of the powers of government. ABELLA VS. X of the 1987 Constitution? No.
120 SCRA 337) 34. RA 3019 applies to all government officers and employees. which shall prevail? . May a court suspend a member of Congress when Section 16 . COMELEC. this was the rulings of the Supreme Court in the cases of MIRIAM DEFENSOR and REP. To strictly comply with it requiring at least 2% for every sectoral representative to obtain in order to garner 1 seat would require 110% in order that there will be 55 sectoral representatives based on the number of legislative districts. SANDIGANBAYAN. when imposed. suspend or expel a Member. ( LOZADA vs. What could not be done directly could not likewise be done indirectly. In case of vacancy in the Senate or in the House of Representatives under Section 9 of Article VII. A penalty of suspension. PAREDES VS. 33. not as counsel for the corporation. shall mot exceed sixty days? Yes. While a Member of Congress is not allowed to appear as counsel for any party in court or before administrative bodies. 36. is it automatic for the COMELEC to hold a special election? No. 35. and with the concurrence of 2/3 of all its members. may he do so as a “stockholder”? No as held in PUYAT vs. DE GUZMAN. Article VI appears to give such exclusive power to each House only for disorderly behavior. So a member of Congress who is a stockholder of the corporation involved in a case is not allowed to appear under the guise that he is appearing as such. 113 SCRA 31. COMELEC Formula or the Panganiban Formula still applicable? No more because it results in a mathematical impossiblity. there must be a law passed by Congress appropriating the funds for the said purpose.15 vs. In case of conflict between the entries in a journal of both Houses of Congress and extraneous evidence like affidavits of witnesses.
voted . the journal will prevail since what is left is no longer considered an “enrolled bill. However. 34 Phil. PONS. then. 7 SCRA 347. the journal prevails over extraneous evidence like accounts of newspaper journalists and reporters as to what the proceedings all about. 729. in a preliminary voting in a protest case against an LDP Member. VS.16 As held in U. and not urea and formaldehyde which appears in the journal which was really approved. Senate President and the Speaker of the House of Representatives withdraw their signatures as a result of an anomaly surrounding the printing of the final copy of the bill. If the enrolled bill provides that it is urea formaldehyde is the one exempt from tax. which shall prevail? In CASCO PHIL. like yeas and nays on the final reading of a bill or on any question at the request of 1/5 of the members present. 37. if the President of the Philippines. however. (NOTE: In Cunanan vs. Tan. May Congress change the existing membership of the Commission on Appointments or Electoral Tribunals as a result of the changes of membership of the different political parties? Yes If the changes in the political party affiliations of the members of Congress is substantial and at the same time permanent so as to dramatically increase the membership of one party while significantly reducing the other. it was held by the Supreme Court that The enrolled bill prevails over the journal. In case of conflict between the journal and the enrolled bill. NOT JUDICIAL LEGISLATION.” (NOTE. GIMENEZ.S. May a political party (LDP) replace its representative in the House of Representatives Electoral Commission who. the membership of the Senators was only “temporary” so as not to result in the change of membership in the Commission on Appointments) 38-a. the former prevails and only CURATIVE LEGISLATION COULD CHANGE THE SAME. [Justice Isagani Cruz]) 38. vs. that the journal prevails over the enrolled bill on all matters required to be entered in the journals. the number of representatives of the different parties in the Commission on Appointments may also be changed in proportion to their actual memberships.
ET AL.” 40. Art. EDUARDO ERMITA. 488 SCRA 1) 40-a... “A witness who refuses to answer a query by the Committee may be detained during the term of the members imposing said penalty but the detention should not be too long as to violate the witness’ right to due process of law. No. VI or during the “question hour”. except only to vote for a party-mate who is involved in the protest. it may not change a Member who completely heard and participated in a particular case [and has already indicated his vote to the members of the tribunal] and replace him with another who has no participation therein. Art. (BONDOC VS. VI of the Constitution. 87 Phil. then the President may validly demand that they must get her consent first because such appearance is DISCRETIONARY. (SENATE OF THE PHILIPPINES. If the appearance is due to the power of Congress to investigate in aid of legislation under Section 21. EXEC. ET AL. 2006 . Art. While a Member of the Cabinet may be compelled to appear before Congress under Section 21. 1991) 39. SEC. April 20.17 in favor of the other party and against the candidate of his very own party? While as a rule the different political parties may change their representatives in the Electoral Tribunal or Commission on Appointments. represented by SENATE PRESIDENT FRANKLIN DRILON. September 26. such act of the President is unconstitutional for it would violate the oversight powers of Congress and because the appearance of said executive officers is MANDATORY. if the invitation to appear is based on Section 22. may he be compelled to answer questions regarding his conversations with the . G. PINEDA. May a committee of Congress cite a person for contempt of court for refusing to answer its questions during investigations in aid of legislation? How long may it imprison such witness? As held in ARNAULT vs. It would also violate the right to information on the part of the citizens. NAZARENO. Such would be a travesty of justice. VS. 16977. However. 29. VI.R. May the President validly prohibit members of the Cabinet and those of the executive department from appearing before any Committee of Congress without her consent? It depends.
” The latter includes ‘advisory opinions. Practice and Recent Developments at p. The first is rooted in the constitutional principle of separation of power and the President’s unique constitutional role.” Apparently. Distinguish the “presidential communications privilege” and the “deliberative process privilege” which comprise said “executive privilege”. the deliberative process privilege. documents or other materials that reflect presidential decision-making and deliberations and that the President believes should remain confidential. Law.” The privilege is said to be necessary to guarantee the candor of presidential advisors and to provide “ the President and those who assist him… with freedom to explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately. to decision-making of executive officials. Court of Appeals delved deeper. 418 U. Who are covered by this rule? The Nixon and post-Watergate cases established the broad contours of the presidential communications privilege. 3 Nixon.” It thus considered presidential communications as “presumptively privileged. recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated. It ruled that there are two (2) kinds of executive privilege. 40-b. Explain the “executive privilege” doctrine. the second on common law privilege.” Accordingly. Presidential Claims of Executive Privilege: History. Unlike the deliberative process 2  3 4 CRS Report for Congress. the other is the deliberative process privilege.2 In United States v. Court recognized a great public interest in preserving “the confidentiality of conversations that take place in the President’s performance of his official duties.S. Presidential communications privilege applies to decision-making of the President while. 96-3124.18 President on matters subject of the investigation/inquiry in aid of legislation? No if the conversations are covered by the “executive privilege”. the presumption is founded on the “President’s generalized interest in confidentiality. . they are characterized by marked distinctions.” In In Re: Sealed Case. June 17.4 the U. 1997. one is the presidential communications privilege and. the U. In Re: Sealed Case No. 683.S. 2. The former pertains to “communications.S.
345 U. while the presidential decision involved is the exercise of the President’s pardon power.C. There. involving what the court characterized as “quintessential and non-delegable Presidential power. 141. Reynolds. CRS Report for Congress.S. however. a nondelegable. the privilege is meant to encompass only those functions that form the core of presidential authority. In Re: Sealed Case confines the privilege only to White House Staff that has “operational proximity” to direct presidential decision-making. the sole-authority to receive ambassadors and other public officers. Presidential Claims of Executive Privilege: History. Turning on who are the officials covered by the presidential communications privilege. but concluded that an organizational test was more appropriate for confining the potentially broad sweep that would result from the In Re: Sealed Case’s functional test. 361 U. v. . appointment and removal power. 92 U.S. Department of Justice7 tested the In Re: Sealed Case principles. 18-19. Chicago v. Airlines. 105. the presidential communications privilege applies to documents in their entirety.D.” such as commander-in-chief power. Practice and Recent Developments at pp. Inc. United States.341 withheld documents.6 The situation in Judicial Watch. 6-8 (1953). But more specific classifications of communications covered by executive privilege are made in older cases. 106-107 (1875). The Court conceded that functionally those officials were performing a task directly related to the President’s pardon power.S. the Deputy Attorney General and the Pardon Attorney were deemed to be too remote from the President and his senior White House advisors to be protected. core-presidential function. Totten v. etc. found insufficient to justify the confidentiality of the 4. the power to grant pardons and reprieves. Serv. 1. 111. Inc. congressional or judicial negation of the presidential communications privilege is always subject to greater scrutiny than denial of the deliberative process privilege. 183. Evid. 333 U.3d 1108. The majority concluded that. 8 See United States v. 103. That privilege was. R. 64 Fed. 7  365 F.S. the lesser protections of the deliberative process privilege would suffice. Waterman Steamship Corp. Thus.8 identity of government informers in some 5 6 Id. Courts ruled early that the Executive has a right to withhold documents that might reveal military or state secrets. Law. the power to negotiate treaties.19 privilege. v. and covers final and post-decisional materials as well as pre-deliberative ones5 As a consequence.App..
Section 20 and 21. 353 U.C. Article VII.S. Article VII. 3) 9 10 11 12 13 14 15 16        Supra.10 An area where the privilege is highly revered is in foreign relations. See Friedman v. The presidential communications privilege remains a qualified privilege that may be overcome by a showing of adequate need. especially. Section 16.13 appointing. the claim of executive privilege is highly recognized in cases where the subject of inquiry relates to a power textually committed by the Constitution to the President. The above cases. . the concept of presidential communications privilege is fully discussed. 1984). such that the information sought “likely Roviaro v. 133 (1998). PEA. Nixon. Article VII.” In Chavez v. Consistent with the doctrine of separation of powers.12 there is also a recognition of the confidentiality of Presidential conversations. The judicial test is that an advisor must be in “operational proximity” with the President. United States. 738 F. Cir. Article VII. correspondences. such as the area of military and foreign relations. Section 19. 2d 1336.15  and diplomatic16 powers. 360 Phil. Ermita. As may be gleaned from the above discussion. Majority of the above jurisprudence have found their way in our jurisdiction. Bache Halsey Stuart Shields. Section 18.1341-43 (D. the information relating to these powers may enjoy greater confidentiality than others. diplomatic and other security matters. and discussions in closed-door Cabinet meetings. 53.20 circumstances.14 pardoning. In Re Sealed Case and Judicial Watch.9 and information related to pending investigations. Inc.” The communication must be authored or “solicited and received” by a close advisor of the President or the President himself. somehow provide the elements of presidential communications privilege. 59-61. this Court held that there is a “governmental privilege against public disclosure with respect to state secrets regarding military. to wit: 1) 2) The protected communication must relate to a “quintessential and non-delegable presidential power. Under our Constitution.. PCGG11. In Chavez v. the President is the repository of the commander-in-chief. In Senate v.
First.J. the bases are presidential communications privilege and executive privilege on matters relating to diplomacy or foreign relations.S. i. being a member of President Arroyo’s cabinet. the communications relate to a “quintessential and non-delegable power” of the President. the present case’s distinction with the Nixon case is very evident. 18 Bernas. Law Practice and Recent Developments. 2003 Ed. the communications are “received” by a close advisor of the President.) We see no dispute on this. p. we are convinced that. there is a pending criminal proceeding where the information is requested and it is the demands of due process of law and the fair administration of criminal justice that the information be disclosed. indeed. Court was quick to “ limit the scope of its decision.. S. In Nixon. Using the above elements. And third.17 Simply put. petitioner can be considered a close advisor. Presidential Claims of Executive Privilege: History.e.21 contains important evidence” and by the unavailability of the information elsewhere by an appropriate investigating authority. Nixon19 that “demonstrated. It is settled in United States v. the communications elicited by the three (3) questions are covered by the presidential communications privilege. supra. . specific need for evidence in pending criminal trial” outweighs the President’s “generalized interest in confidentiality.” It stressed that it is “not concerned here with the balance between the President’s generalized interest in confidentiality x x x 17 CRS Report for Congress. The 1987 Constitution of the Republic of the Philippines. there is no adequate showing of a compelling need that would justify the limitation of the privilege and of the unavailability of the information elsewhere by an appropriate investigating authority. the US Supreme Court held that invocation of “executive privilege” is unavailing if it involves the commission of a crime and there is already a pending criminal case. (NOTE: In Nixon.. This is the reason why the U. 19  Supra. This authority of the President to enter into executive agreements without the concurrence of the Legislature has traditionally been recognized in Philippine jurisprudence.18 Second. the power to enter into an executive agreement with other countries. A Commentary. 903.” However. Under the “operational proximity” test.
As such. Jr. the provision of Exec. it was held that “the power of both houses of Congress to conduct inquiries in aid of legislation is not. diplomatic or sensitive national security secrets. Order No. Nor is the Congress a law enforcement or trial agency. In Bengzon. There is no general authority to expose the private affairs of individuals without justification in terms of the functions of Congress. It violates Section 28. 1 provides that they should not be questioned regarding their activities as such? No. 1991. it must be related to and in furtherance of a legitimate task of Congress. 41-a. II. No inquiry is an end in itself. "The rights of persons appearing in or affected by such inquiries shall be respected. May a person validly refuse to honor an invitation to appear before the Senate Blue Ribbon Committee in connection with its alleged investigation “in aid of legislation”? Yes. absolute or unlimited. including the right to due process and the right not to be compelled to testify against one's self. but in a legislative inquiry. in Nixon. Ermita stressed that the validity of the claim of executive privilege depends not only on the ground invoked but. In the present case. it is not unlimited. 20. 41. These are functions of the executive and judicial departments of government. the information here is elicited.” Unlike in Nixon. In this regard. not in a criminal proceeding. Nov. Investigations conducted solely for the personal aggrandizement of the investigators or to "punish" those investigated are indefensible. Furthermore. vs. Senate v. 1 regarding their privilege not to attend such hearings is unconstitutional.22 and congressional demands for information. the President did not interpose any claim of need to protect military. But broad as is this power of inquiry. Executive Secretary Ermita categorically claims executive privilege on the grounds of presidential communications privilege in relation to her executive and policy decision-making process and diplomatic secrets. if the person invited is already an accused before the Sandiganbayan or facing a case in the Ombudsman in connection with a subject matter related to the House or Senate inquiry. on the procedural setting or the context in which the claim is made. Senate Blue Ribbon Committee. The ." It follows then that the rights of persons under the Bill of Rights must be respected. also. Art. then he could validly refuse to attend to said hearing. May the PCGG Chairman and commissioners refuse to attend inquiries in ad of legislation being done by the Senate because Executive Order No.
VI and Section 1. revenue or tariff bills. the Supreme Court held that such power was not delegated by Congress to local government units. What are the bills that must exclusively originate from the House of Representatives? Under Section 24. bills of local application. III. to spend funds made possible by Congress. Nov. In NEGROS ORIENTAL II ELECTRIC COOPERATIVE VS.) 43. VI. Art. Art. This is so because the Senate is allowed to “propose amendments” to bills which must exclusively originate from the House of Representatives. 5. 41-b. May local legislative bodies validly cite a person in contempt of court (as what Congress could do) for refusing to appear therein or to answer the questions of the members thereof? No. but the Senate may propose or concur with amendments. the Supreme Court held that the E-VAT Law is constitutional even if the same was the VERSION which came from the Senate. the President of the Senate. and the heads of the constitutional commissions may. 72492. and private bills shall originate exclusively in the House of representatives.” 44. (NOTE: In Tolentino vs. XI or the accountability of public officers. SANGGUNIANG PANGLUNGSOD OF DUMAGUETE CITY. What is the so-called “executive impoundment”? It means that although an item of appropriation is not vetoed by the President. the Speaker of the house of Representatives. by law. be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. 155 SCRA 421.  authority to impound .23 right to information under Art. however. not from the House of Representatives. the Chief justice of the Supreme Court. All appropriations. bills authorizing increase of the public debt. No. Art. Proponents of impoundment have invoked at least three (3) principal sources of authority of the President.R. G. the President. When is transfer of appropriations allowed by the Constitution? Only those covered by Section 25  which provides that “No law shall be passed authorizing any transfer of appropriations. Secretary of Finance. 42. he however refuses for whatever reason. 1987. It is the failure to spend or obligate budget authority of any type. Section 21.
No. ET AL. he will be arrogating unto himself the power to interpret the law. 43 Phil. . The President of the Philippines. It enables the President to fix a uniform standard of administrative efficiency and check the official conduct of his agents. affects the life and liberty of every Filipino citizens and foreign residents and therefore.24 given to him by Congress. (PHILCONSA VS. VS.38) 46.S. 235 SCRA 506) 45.  the executive power drawn from his power as Commander-in-chief. not merely to implement it. Administrative Power. mandates the “ADOPTION OF A NATIONAL COMPUTERIZED IDENTIFICATION REFERENCE SYSTEM” and appropriating funds therefore?Is this within his “executive power”? No as held by the Supreme Court in BLAS OPLE VS. it is supposed to be a law passed by Congress that implements it.. purchase of ambulances and computers and other priority projects and activities. July 23. ENRIQUEZ. either expressly or impliedly. ( L. Prescinding from the foregoing precepts. Otherwise. RUBEN TORRES. May the President refuse to enforce a law on the ground that in his opinion it is unconstitutional? No. he will be violating the doctrine of separation of powers because by doing so. by Administrative Order. MOON & CO. It must be in harmony with the law and should be for the sole purpose of implementing the law and carrying out the legislative policy. 127685.R. and  the Faithful execution clause of the Constitution. which is supposed to be exercised by the President. The subject of AO 308 therefore is beyond the power of the President to issue and it is a usurpation of legislative power. HARRISON. is concerned with the work of applying policies and enforcing orders as determined by proper governmental organs. AO 308 involves a subject that is not appropriate to be covered by an Administrative Order. An administrative order is an ordinance issued by the President which relates to specific aspects in the administrative operation of the government. not by an Administrative Order issued by the President. G. 1998. and credit facilities to qualified beneficiaries as proposed and identified by said Senators and Congressmen. the AO establishes a system of identification that is all-encompassing in scope. Note that in this case the SC held that the Countryside Development Fund (CDF) or “Pork Barrel” of Congressmen and Senators is CONSTITUTIONAL because the same is “set aside for ‘infrastructure.
and other officers are vested in him in this Constitution. Art. her government is de jure. 50. President of the Philippines” which was passed on January 24. 49. 2001 “confirming President Arroyo’s nomination of Senator Teopisto Guingona. or officers of the armed forces from the rank of colonel or naval captain. ambassadors. Section 15. another resolution dated January 24. how did she succeed? Resignation or permanent disability of former President Estrada? Since both Houses of Congress had recognized that Arroyo is the President when they passed Resolution “expressing their support to the administration of Her Excellency Gloria Macapagal Arroyo.25 47. May the President makes appointment to vacancies in the judiciary within two months immediately before the next presidential election and up to the end of his term” in order to comply with the requirement of Sections 4 and 8. THE TOTALITY OF PRIOR. Jr. VIII for him to fill up vacancies in the judiciary within 90 days from the submission of the list of nominees by the Judicial and Bar Council? No. 48. VII which are the heads of the executive departments. . other public ministers and consuls. What appointments made by the President shall be the subject of confirmation by the Commission on Appointments? Only those covered by the 1st sentence of Section 16. What is the “totality test” used by the Supreme Court in holding that former President Joseph Estrada resigned as President on January 20. CONTEMPORANEOUS AND POSTERIOR FACTS AND CIRCUMSTANTIAL EVIDENCE BEARING MATERIAL RELEVANCE TO THE ISSUE. Art. Is President Gloria Macapagal Arroyo a de jure or a de facto President? If de jure. 2001. and the Resolution dated February 7. 2001 “expressing full support to the assumption into office by VP Arroyo as President of the Philippines”. Article VII applies only to temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety and not to the judiciary. as Vice President of the Philippines”. 2007? THIS IS THE TOTALITY TEST.
The temporary appointments are valid. AQUILINO PIMENTEL. Acting appointments are a way of temporarily circumventing the need of confirmation by the Commission on Appointments. The essence of an appointment in an acting capacity is its temporary nature. 472 SCRA 587) 1. through a law cannot impose on the President the obligation of automatically appointing the Undersecretary as her alter ego. Moreover. What is the “take care power” of the President of the Philippines? . whereas acting appointments may be extended any time that there is a vacancy. He must be of the President’s confidence and provided that the temporary appointment does not exceed one (1) year. There is a need to distinguish ad interim appointments and appointments in an acting capacity. acting appointments are not submitted to the Commission on appointments. such as the office of a department secretary. Yes provided the temporary appointments of cabinet members do not exceed one (1) year. vs. (SEN.. While both are effective upon acceptance. It is a stop-gap measure intended to fill an office for a limited time until the appointment of a permanent occupant to the office. SECRETARY EDUARDO ERMITA. The power to appoint is essentially executive in nature and the legislature may not interfere with the exercise of this executive power except in those instances when the Constitution expressly allows it to interfere. In case of vacancy in an office occupied by an alter ego of the President. 52. the President must necessarily appoint an alter ego of her choice as acting secretary before the permanent appointee of her choice could assume office. et al. et al. EXEC. ad interim appointments are extended only during the recess of Congress. ad interim appointments are submitted to the Commission on Appointments for confirmation or rejection.26 51. May the President make temporary appointments involving the members of the Cabinet while Congress in session or not in session? Distinguish ad interim appointment and appointment in an acting capacity.. Congress.
ET AL. (MONDANO VS. Under our constitutional set-up. Pano. 2006) But not for a national ID system which includes civilians as held in Ople vs. What are the differences between the power of the President to declare martial law or suspend the privilege of the writ of habeas corpus under the 1987 Constitution and the previous Constitutions? .27 It is the power of the President under Section 17. Where the Executive Secretary acts "by authority of the President" his decision is that of the President." "Supervision" on the other hand means "overseeing or the power or authority of an officer to see that subordinate officers perform their duties. modify. he has undisputed jurisdiction to affirm. vs. What is the doctrine of qualified political agency? It simply means that “the President is not expected to perform in person an the multifarious executive and administrative functions. (KILUSANG MAYO UNO VS. 21 SCRA 895). 56. EXECUTIVE SECRETARY EDUARDO ERMITA. 2006 & June 20. May the President validly require all officers and employees under the executive department to maintain ID systems and have ID cards? Yes in accordance with her power of control under Section 17. SILVOSA) 54. He shall ensure that the laws be faithfully executed. Torres. 55. "Control" has been defined as "the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for test of the latter. Art.. the Executive Secretary acts for and in behalf of the President: and by authority of the President. April 19. VII of the Constitution. What is the power of control of the President. The Office of the Executive Secretary is an auxillary unit which assists the President. Distinguish it from power of supervision. (Lacson-Magallanes Co. bureaus and offices. 53. or even reverse any order of the Secretary of Natural Resources and other Cabinet Secretaries . supra.. Inc. Art. VII which provides that The President shall have control of all the executive departments .
57. GLORIA MACAPAGAL-ARROYO. in an appropriate proceeding filed by any citizen. invasion or rebellion. May the President under the 1987 Constitution validly issue decrees after declaring a state of national emergency. nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function. DAVID. Likewise. A state of martial law does not suspend the operation of the Constitution. such would be considered “political question” which is beyond the review powers of the courts. there is a definite period for the said suspension unlike before and more importantly. May she direct the take over of business affected with national interest by reason of the “emergency” which she herself proclaimed? I n t h e c a s e o f PROF. it was held that in declaring a state of national emergency. nor automatically suspend the privilege of the writ.28 Under the 1987 Philippine Constitution. the sufficiency of the factual basis of the proclamation of martial law or suspension of the privilege of the writ or the extension thereof. The Supreme Court may review. 171396. such acts of the President may be reviewed not only by the Supreme Court but also the Congress of the Philippines. May 3. G. the grounds are only invasion and rebellion WHEN THE PUBLIC SAFETY REQUIRES IT. President Arroyo did not only rely on Section 18. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. et al. 2006 . Previously.. otherwise. any person thus arrested or detained shall be judicially charged within 3 days.R. The Supreme Court ruled that the assailed PP 1017 is unconstitutional insofar as it grants President Arroyo the authority to . a provision on the State’s extraordinary power to take over privately-owned public utility and business affected with public interest. During the suspension of the privilege of the writ. et Al VS. and must promulgate its decision thereon within 30 days from its filing. No. AS PRESIDENT AND COMMANDER-IN-CHIEF. Article XII. She also relied on Section 17. nor supplant the functioning of the civil courts or legislative assemblies. he shall be released. Article VII of the Constitution. a provision calling on the AFP to prevent or suppress lawless violence. RANDOLF S.
20 so that a declaration thereon would be of no practical use or value. 2004. there must be an actual case or controversy. G. . the decision of the constitutional question must be necessary to the determination of the case itself. third. May 27. the exceptional character of the situation and the paramount public interest is involved (Lacson vs. second. 429 SCRA 736). 429 SCRA 736. if: first.R. 20 21 Province of Batangas v. the constitutional question must be raised at the earliest opportunity. 2001. No. Civil Aeronautics Board. 2004. 147780. What are the requisites of judicial review? Courts may exercise the power of judicial review only when the following requisites are present: first. May 10. Nos. Generally. otherwise moot and academic. When may the courts still validly decide moot and academic cases? A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events. Courts will decide cases. 152774. petitioners have to raise a question of unconstitutionality.” To be sure. is also unconstitutional. 421 SCRA 21. second. 2004. Likewise. 58. there is a grave violation of the Constitution ( Province of Batangas vs.” Legislative power is peculiarly within the province of the Legislature. May 27.R. This requires a delegation from Congress. Article VI categorically states that “[t]he legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives. Romulo. and fourth. G. Romulo. G.R. 59. the exercise of emergency powers. The “moot and academic” principle is not a magical formula that can automatically dissuade the courts in resolving a case. . neither Martial Law nor a state of rebellion nor a state of emergency can justify President Arroyo’s exercise of legislative power by issuing decrees. supra. De Dabao v. 152774.R. 357 SCRA 756). Vda. January 26. such as the taking over of privately owned public utility or business affected with public interest.29 promulgate “decrees. 103055-56. Section 1. Royal Cargo Corporation v. courts decline jurisdiction over such case21 or dismiss it on ground of mootness. No. Court of Appeals. Perez. No.
275 Ky 91. to prevent just about any person from seeking judicial interference in any official policy or act with which he disagreed with. G. 61. standing is governed by the “realparties-in interest” rule as contained in Section 2.R.  If it does not involve disbursement of public funds. What are the tests of locus standi in the Philippines? The original was:  If the act involves the disbursement of public funds. Acop v. The distinction was first laid down in Beauchamp v. Executive Secretary. 134855. Silk. . the case is capable of repetition yet evading review (Albaña v. Sanlakas v. G.30 third. the bar. Define locus standi. Romulo). 2004. Guingona. 125 (1951). when constitutional issue raised requires formulation of controlling principles to guide the bench. July 2. 383 SCRA 577.R. only those who are “directly injured” by the said law or contract entered into by the government.. No. Salonga v. Case law in most jurisdictions now allows both “citizen” and “taxpayer” standing in public actions. the plaintiff’s standing is based on his own right to the relief sought. the “real-party-in interest” is “the party who stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the suit. Jr.”23 Succinctly put.24 where it was held that the plaintiff in a taxpayer’s suit is in a different category from the plaintiff in a citizen’s suit. 159085. and 22 23 24 Black’s Law Dictionary. 2002. Warner Barnes & Co. 6th Ed. In the former.”22 In private suits. Commission on Elections. 163302. 941. It provides that “ every action must be prosecuted or defended in the name of the real party in interest . 1991.R. 435 SCRA 98. Rule 3 of the 1997 Rules of Civil Procedure. G. Locus standi is defined as “a right of appearance in a court of justice on a given question. ) 60. No. 120 SW2d 765 (1938). 88 Phil. as amended. while in the latter. 421 SCRA 656. mere taxpayer has the capacity to sue and question such act. July 23. No. the plaintiff is affected by the expenditure of public funds. he is but the mere instrument of the public concern However. and the public (Province of Batangas vs. and fourth. February 3. 2004. p.” Accordingly..
brushing aside. he must show that he has sustained a direct injury as a result of that action. such as. 1959 (Unreported). and civic organizations to prosecute actions involving the constitutionality or validity of laws. if we must. regulations and rulings.25 later reaffirmed in Tileston v. This Court adopted the “direct injury” test in our jurisdiction. In Aquino v.S.33 this Court resolved to pass upon the issues raised due to the “far-reaching implications” of the petition notwithstanding its categorical statement that petitioner therein had no personality to file the suit. 84 Phil. 1985. January 31. 1012 (1947). being a mere procedural technicality.27 it held that the person who impugns the validity of a statute must have “a personal and substantial interest in the case such that he has sustained. 1945 (Unreported). January 11. Ullman. 331 (1960). where the Court held that where the question is one of public duty and the enforcement of a public right. No. In People v.R. 633. April 24.R. 77 Phil. members of Congress. Custodio v.R. or will sustain direct injury as a result . 65 Phil. 318 U. No. and it is not sufficient that he has a general interest common to all members of the public. the requirement of locus standi may be waived by the Court in the exercise of its discretion. 2947. the transcendental importance to the public of these cases demands that they be settled promptly and definitely. Tañada v.28 Manila Race Horse Trainers’ Association v. President of the Senate. Secretary of Public Works 30 and Anti-Chinese League of the Philippines v. De la Fuente. 62 SCRA 275. This was done in the 1949 Emergency Powers Cases.34 25 26 27 28 29 30 31 32 302 U.31 However. 1975. 56 (1937).” The Vera doctrine was upheld in a litany of cases.29 Pascual v. 117. No. there is a chain of cases where this liberal policy has been observed. the people are the real party in interest. G. Tuvera .31 thus hinders the activities of governmental agencies engaged in public service.32 where the “transcendental importance” of the cases prompted the Court to act liberally. 110 Phil. 63915. 40004. allowing ordinary citizens.S. Dinglasan.26 The same Court ruled that for a private individual to invoke the judicial power to determine the validity of an executive or legislative action. Indeed. Araneta v. technicalities of procedure. the United State Supreme Court laid down the more stringent “direct injury” test in Ex Parte Levitt.” L-No. G. G. November 7. Such liberality was neither a rarity nor accidental. 446. Vera. 368 (1949) The Court held: “Above all. Comelec. Felix. 136 SCRA 27. and it is sufficient that the petitioner is a citizen interested in the 33 34 .
May 29. Sec. Nos. Zamora. where the Court held that where serious constitutional questions are involved. v. Zamora.R. No. 1988. where the Court held that it enjoys the open discretion to entertain taxpayer’s suit or not and that a member of the Senate has the requisite personality to bring a suit where a constitutional issue is raised. July 14. 138587. (2) Bagong Alyansang Makabayan v. 72119. 138698. October 10. 208 SCRA 420. Inc. 1989. it has the discretion to waive the requirement. No. 342 SCRA 449. G. Executive Secretary . Comelec . G. July 9.. 1992. 87636. 175 SCRA 343. July 30.” Pertinent are the following cases: (1) Chavez v. 1991. G. in determining the validity of the implementation of the CARP.R. 191 SCRA 452. 150 SCRA 530. has the personality to file the instant petition. where the Court held that while no expenditure of public funds was involved under the questioned contract. Gonzales v. 104712. of Agrarian Reform. No. where the Court held that in cases involving an assertion of a public right. 138570. 38 Supra. No. Jr. as the issues involved. the requirement of personal interest is satisfied by the mere fact that the petitioner is a citizen and part of the general public which possesses the right. where the Court held that petitioner as a taxpayer. G. they have been allowed to sue under the principle of “transcendental importance.. G. 175 SCRA 264. Maceda v. G.36 wherein the Court held that “given the transcendental importance of the issues involved. public interest was definitely involved and this clothed petitioner with the legal personality under the disclosure provision of the Constitution to question it. the execution of the law. Civil Service Commission . June 30. 1990. 197 SCRA 771. Association of Small Landowners in the Philippines. 133250.R.32 Thus. G. Jr . Tan . April 11. 1989. No. De Guia v. 100417. Kapatiran ng mga Naglilingkod sa Pamahalaan ng Pilipinas. 2000. (3) Lim v. the Court has adopted a rule that even where the petitioners have failed to show direct injury. 100308. No. necessitates the brushing aside of the procedural requirement of locus standi. 1987. Public Estates Authority.R. 151445.” nonetheless. Reyes.R. the “transcendental importance” to the public of the cases involved demands that they be settled promptly and definitely. not covered by the definition of a “proper party. where the Court ruled that while petitioners are strictly speaking. Legaspi v. nonetheless considering its important role in the economic development of the country and the magnitude of the financial consideration involved. it reiterated its ruling in Bagong Alyansang Makabayan v. where the Court held that the importance of the issues involved concerning as it does the political exercise of qualified voters affected by the apportionment.100420. Albano v. 384 SCRA 152. 88291. 2002. L. v. . July 11. No.35 where the Court ruled that the enforcement of the constitutional right to information and the equitable diffusion of natural resources are matters of transcendental importance which clothe the petitioner with locus standi. brushing aside technicalities of procedures. Inc. No. 1991. 380 SCRA 739. May 6. 100318. Comelec . Macaraig. 81311.38 that in cases of transcendental importance. November 19.R. No. pertains to illegal expenditure of public money.R.R. G. Macaraig. May 31. where the Court held that objections to taxpayers’ lack of personality to sue may be disregarded in determining the validity of the VAT law. 2002. G. 78742. Osmeña v. the Court may relax the standing requirements and allow the suit to prosper despite the lack of direct injury to the parties seeking judicial review” of the Visiting Forces Agreement. 199 SCRA 750. No.R.R. 163 SCRA 371. 83551.37 while the Court noted that the petitioners may not file suit in their capacity as taxpayers absent a showing that “Balikatan 02-01” involves the exercise of Congress’ taxing or spending powers. 138680. 35 36 37 G. 138572.
Comelec.” 39 40 G. concerned citizens. the cases involve constitutional issues. Moreover. 1995. No. v. there must be a claim that the official action complained of infringes upon their prerogatives as legislators. Taxpayers. Significantly. Inc. and legislators may be accorded standing to sue. voters. 118910.R. recent decisions show a certain toughening in the Court’s attitude toward legal standing. and for legislators. there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional. It held that “there must be a showing that the citizen personally suffered some actual or threatened injury arising from the alleged illegal official act. By way of summary. G. 1998. In Telecommunications and Broadcast Attorneys of the Philippines. 3. 250 SCRA 130. 132922. Inc. it cannot sue as a taxpayer absent any allegation that public funds are being misused. Nor can it sue as a concerned citizen as it does not allege any specific injury it has suffered. 289 SCRA 337.39 the Court ruled that the status of Kilosbayan as a people’s organization does not give it the requisite personality to question the validity of the on-line lottery contract. 4. more so where it does not raise any issue of constitutionality. v. provided that the following requirements are met: 1. the following rules may be culled from the cases decided by this Court.33 cases must be settled promptly and definitely and standing requirements may be relaxed.40 the Court reiterated the “direct injury” test with respect to concerned citizens’ cases involving constitutional issues.R. 2. In Kilosbayan. No. for concerned citizens. April 21. Morato. for voters. for taxpayers. 5. November 16. . there must be a showing of obvious interest in the validity of the election law in question. there must be a showing that the issues raised are of transcendental importance which must be settled early.
rules and regulations without the favorable G. Nor can he determine when such exceptional circumstances have ceased. Perez. February 3.41 the Court ruled that one of the petitioners. While the President alone can declare a state of national emergency. Article VII in the absence of an emergency powers act passed by Congress. the President has no absolute authority to exercise all the powers of the State under Section 17. In Sanlakas v. In short. What is the “take over” provision of the Constitution.R.34 In Lacson v. Partido Manggagawa. during the emergency and under reasonable terms prescribed by it. 2001. 147781. 357 SCRA 756. 147799. Likewise. No. 2004. equating them with the LDP in Lacson. May the President validly exercise the same? This is Section 17. 63. he has no power to take over privately-owned public utility or business affected with public interest. 147810. Laban ng Demokratikong Pilipino (LDP). . What are the limitations of the President’s power of executive clemency? of 41 42 The same is not available in cases of impeachment as well as violation election laws. members or supporters. without legislation. the State may. the Court declared them to be devoid of standing. As to petitioners Sanlakas. which reads: Sec. when the public interest so requires. May 10. In times of national emergency. No. is not a real party-in-interest as it had not demonstrated any injury to itself or to its leaders. G. 159085. thus impairing their legislative powers . Article XII . without legislation.R. 62. 147780. the President has no power to point out the types of businesses affected with public interest that should be taken over. 421 SCRA 656. 17. as they claim that the President’s declaration of a state of rebellion is a usurpation of the emergency powers of Congress. The President cannot decide whether exceptional circumstances exist warranting the take over of privately-owned public utility or business affected with public interest.42 the Court ruled that only the petitioners who are members of Congress have standing to sue. however. and Social Justice Society. temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest. Executive Secretary.
247. Eby. 71 S. Art. IX-C)) 64. 271. generally before or after the institution of the criminal prosecution and sometimes after conviction. VII and Section 5.Y. 236 U. Is it required for the person applying for amnesty to admit his guilt before his amnesty application be considered? . N.  Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted. 403. Blalock. vs. 267. Distinguish pardon from amnesty. 61.C. 47 S.)  Pardon is complete with the act of the President while Amnesty is valid only with the concurrence of the majority of the members of all the members of Congress.. ed. 35 GA.. and for that reason it does ""nor work the restoration of the rights to hold public office.E. In re Briggs. 642.S. 476. 285. 402. (section 10. while amnesty looks backward and abolishes and puts into oblivion the offense itself. 497. Article VII. that is.. while amnesty by Proclamation of the Chief Executive with the concurrence of Congress. Revised Penal Code).35 recommendation of the Commission on Elections. FERNANDEZ.C. 242." and it "in no case exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence" article 36.. or the right of suffrage. 82 Phil. 118.. 59 Law. Art. Philippine Constitution. Ct. 296. unless such rights be expressly restored by the terms of the pardon... while amnesty is granted to classes of persons or communities who may be guilty of political offenses.  Pardon is granted to one after conviction (of ordinary crimes) . State vs.W 52. and it is a public act of which the courts should take judicial notice. the distinctions are as follows:  Pardon is granted by the Chief Executive and as such it is a private act which must be pleaded and proved by the person pardoned.. Ex parte Law. State ex rel AnheuserBusch Brewing Ass'n. Burdick vs United States. it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. 65. 35 S. because the courts take no notice thereof. it abolished or forgives the punishment. 79. 170 Mo. As held in BARRIOQUINTO VS. 62 N. (Section 19. 135 N..
he will be proceeded against in the manner prescribed by law" sufficient to revoke such conditional pardon without first securing conviction against the grantee? Yes. receive backpay for lost earnings and benefits. It affords no relief for what has been suffered by the offender. The word “conviction in Section 19. Oct. FACTORAN. As held in MONSANTO VS. a pardon looks to the future. that which has been done or suffered while they were in force is presumed to have been rightfully done and justly suffered. Is the mere filing of a criminal case against a recipient of a conditional pardon with the condition "not again violate any of the penal laws of the Philippines and this condition be violated. though pardoned. 1991. Sec. May the power of executive clemency applied to administrative cases like the suspension of a Provincial Governor? Yes. 68. 66. entitled to automatic reinstatement to her former position without need of a New appointment? No. VII of the Constitution may be used either in a criminal case or in an administrative case. unless appointed again by the appointing authority.36 Yes as held in VERA VS. 152 SCRA 272.February. Art. Fernandez." This would explain why petitioner. 15. It is not retrospective. GONZALES. It makes no amends for the past. "Since the offense has been established by judicial proceedings. 7 SCRA 152. As held in TORRES VS. This rule abandoned the contrary ruling in Barrioquinto vs. Orbos. 67. 1989. It does not impose upon the government any obligation to make reparation for what has been suffered. who has been granted an absolute pardon by the Chief Executive. PEOPLE. Before one may validly apply for executive clemency (pardon or amnesty) he MUST ADMIT HAVING COMMITTED THE ACTS WHICH RESULTED IN HIS IMPRISONMENT. the determination of whether the conditions of a convict’s pardon had been . Exec. This was the ruling of the Supreme Court in Llamas vs. May a public officer. and no satisfaction for it can be required. cannot be entitled to reinstatement.
b. there must be prior concurrence of the Monetary Board. What is judicial power? Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. Art. and containing other matters as may be provided for by law. Tesoro had in effect agreed that the Governor-General's determination (rather than that of the regular courts of law) that he had breached one of the conditions of his parole by committing adultery while he was conditionally at liberty. the Monetary Board shall. Further. within 30 days from the end of every quarter of the calendar year. 71. As held in Tesoro vs. Director of Prisons. was binding and conclusive upon him. 69. 70. May judicial power be exercised by the Supreme Court in cases of decisions of the House of Representatives Electoral tribunal since Section 16. and to determine whether or not there has been a grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of any branch or instrumentality of the government. Art. VII. the President may contract or guarantee foreign loans on behalf of the Republic of the Philippines subject to the following conditions: a. VI of the Constitution provides that the HRET is the “sole judge” of all contestests involving the election. subject to such limitations as may be provided for by law. What are the requisites before the President or his representatives may validly contract or guarantee foreign loans? Under Section 20. in accepting the terms under which the parole had been granted. PINEDA) . submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the government or government owned and controlled corporations which would have the effect of increasing the foreign debt.37 breached rests exclusively in the sound judgment of the President and that such determination would not be reviewed by the courts. returns and qualifications of the members of the House of Representatives? Yes if there is allegation of grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of the HRET (BONDOC VS.
the matter is definitely justiciable or non-political. political questions was defined as questions which are neatly associated with the wisdom. when the crux of the problem deals with the wisdom of an act. Cuenco. no doctrine or principle of law laid down by the court en banc or in division may be modified or reversed except by the court sitting en banc. 103 Phil. 73. Comelec. the judiciary shall enjoy fiscal autonomy and as such appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and. Or in Gonzales vs. VIII. not the legality of a particular act. after approval. application. What is a political question? In ALMARIO VS. 73 SCRA 333. Where the vortex of the controversy refers to the legality or validity of the contested act. ordinances. or operation of presidential decrees.38 72. it is political). and other regulations. expediency and wisdom of a particuar act. 21 SCRA 774 . Also. which shall be heard by the Supreme Court en banc. international or executive agreement. it was defined as a question which deals with the necessity. 74. What are the cases to be decided by the Supreme Court en banc? All cases involving the constitutionality of a treaty. shall be automatically and regularly released. In Tanada vs. shall be decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. 127 SCRA 6. political question was defined as questions to be answered by the people in their sovereign capacity or in regard to which full discretionary authority is vested to the executive or legislative branch of the government. instructions. or law. including those involving the constitutionality. COMELEC.. . What is the extent of the fiscal autonomy granted to the judiciary under the 1987 Constitution? As provided under Section 3. the same is political and not justiciable In Sanidad vs. At. orders. proclamations. ALBA.
mandamus. Cases referred to by the division to the banc involving novel questions of law . (2) Review. proclamation. ordinance. or affirm on appeal or certiorari as the law or the Rules of Court may provide. other public ministers and consuls. revise. and habeas corpus. What are the powers of the Supreme Court? As enumerated in Art. and over petitions for certiorari. law. final judgments and orders of lower courts in: (a) All cases in which the constitutionality or validity of any treaty. international or executive agreement.39 Also if two (2) divisions of the Supreme Court have conflicting decisions. (4) Order a change of venue or place of trial to avoid a miscarriage of justice. Section 5. the same shall be resolved by the Supreme Court en banc. order. (e) All cases in which only an error or question of law is involved. reverse. Finally. VIII. modify. 75. (c) All cases in which the jurisdiction of any lower court is in issue. . instruction. or regulation is in question. (b)All cases involving the legality of any tax. or toll. assessment. or any penalty imposed in relation thereto. prohibition. quo warranto. dismissal of judges and disbarment of lawyers are also decided by the Supreme Court en banc. impost. presidential decree. t he Supreme Court shall have the following powers: (1) Exercise original jurisdiction over cases affecting ambassadors. the same shall be decided by the en banc accepted by the latter. Such temporary assignment shall not exceed 6 months without the consent of the judge concerned. (3) Assign temporarily judges of lower courts to other stations as public interest may require. (d)All criminal cases in which the penalty imposed is reclusion perpetua or higher.
and procedure in all courts. (YNOT VS. etc. the Integrated Bar. March 20. What is the “writ of amparo”? It is a writ issued by the courts for the protection and enforcement of the constitutional rights of a person under detention. treaty. sitting separately could not declare a law. Rules of procedure of special courts and quasijudicial bodies shall remain effective unless disapproved by the Supreme Court. Likewise. VIII). treaty. (6) Appoint all officials and employees of the judiciary in accordance with the civil service law. 3) symbolic or educational function or when the supreme court decide a case even if it is moot and academic to educate the lower courts and other government officials. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. (Section 5 (5).40 (5) Promulgate rules concerning the protection and enforcement of constitutional rights. 78. unconstitutional) in the light of the requirements of Section 4(2) of Article VIII that not even any of the Supreme Court’s three (3) divisions.. etc. 1987) . IAC. 76. Art. as shown by Section 5  (a). increase or modify substantive rights. the admission to the practice of law. pleading . Art. practice . May inferior courts also exercise the power of judicial review (declaring a law. the decision of lower courts declaring a law unconstitutional is subject to review by the Supreme Court. shall be uniform for all courts of the same grade. 2) checking function or to declare the law unconstitutional. unconstitutional? Yes because the power of judicial review is just a part of judicial power which is available to all courts (Section 1. What are the 3-fold Functions of Judicial Review? These are the: 1) legitimizing function or to declare the law valid and constitutional. VIII) 77. and legal assistance to the underprivileged. and shall not diminish.
41 79. October 5. It is only the declaration of unconstitutionality which is the “operative fact” which would stop the people from complying with its provisions. MEER.. 38 SCRA 429) 80. 85 Phil. etc. Art. 1988) . 83. Up to when are members of the judiciary entitled to hold on to their positions? Section 11. The members of the Supreme Court and other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. all acts done in connection with the said law before its declaration of unconstitutionality shall be considered legal. COMMISSIONER. The Supreme Court en banc shall have the power to discipline judges of lower courts. 552 and ENDENCIA VS. VIII provides that the Members of the Supreme Court and judges of the lower court shall hold office during good behavior until they reach the age of 70 years or become incapacitated to discharge the duties of their office. DAVID. As such. PNB. is prospective. What are the qualities of one aspiring to become a member of the judiciary aside from the citizenship and age qualifications? A member of the judiciary must be a person of proven competence. (DE AGBAYANI VS. valid and binding. or order their dismissal by a vote of majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. 93 Phil. integrity. 696 82. (IN RE: JUDGE RODOLFO MANZANO. 152 SCRA 284 which abandoned the contrary rulings in the cases of PERFECTO VS. 81. Article VIII which would have the effect of decreasing the same? No. What is the “operative fact doctrine”? It simply means that the declaration of unconstitutionality of a law. Under the 1987 Constitution. probity and independence. This was the ruling in NITAFAN VS. May an RTC Judge be appointed as a member of the Provincial Peace and Order Council of the place where he holds office? No. treaty. may the salaries of the members of the judiciary be taxed without violating Section 10.
152 SCRA 205) 87. CA. 47 SCRA 354 . NLRC. VDA DE ESPIRITU VS. MALACORA VS. Is the requirement under Section 15. brief or memorandum required by the Rules of Court or by the court itself. NAPOLCOM. MANGCA VS. VIII. 102 SCRA 7 . VII. VALLADOLID VS. CFI. 12 months for all lower collegiate courts. Art. BUSCAYNO VS. 18 SCRA 155 . 121 SCRA 51 and DE ROMA VS. 86. NUNAL VS. It applies only to the courts as defined or included by Section 1. all cases or matters filed after the effectivity of this Constitution must be decided or resolved within 24 months from date of submission for the Supreme Court. VIII that “No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based”? No. A case shall be deemed submitted for decision or resolution upon the filing of the last pleading. VIII. Art. CA. CA 98 SCRA 424. 127 SCRA 75. 112 SCRA 273. VIII is mandatory in all courts except the Supreme Court where said provision is considered merely directory. VIII mandatory or merely directory? Section 15. MILITARY COMMISSIONS) bound by the requirement of Section 14. Are the different administrative and quasi-judicial bodies (COMELEC. (AIR FRANCE VS. CA. ENRILE. Art. MARCELINO VS. (CORPUS VS. What are covered by the powers of the Civil Service Commission? . CRUZ.42 84. LOOD. however. This is so because it is “impossible” for the Supreme Court to comply with such provision considering the volume of cases filed before it. CA. What are the periods given to the different courts to decide cases before them? Under Section 15. and 3 months for all other lower courts. 215 SCRA 230) 85. CARRASCOSO. Art. INCIONG. 169 SCRA 356 and Mangelen vs. and unless reduced by the Supreme Court. Under Section 18. Art. a case questioning the validity of the declaration of martial law or suspension of the writ of habeas corpus must be decided within 30 days from the date of filing. NAPOLCOM VS. COMELEC. 117 SCRA 435. Art. 121 SCRA 205.
Under Section 2, Article IX-B of the Constitution, the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the government, including government owned and controlled corporations WITH ORIGINAL CHARTERS. 88. What are the requirements before one may be appointed in the civil service? Exceptions? Appointments in the CS shall be made only according to merit and fitness to be determined as far as practicable, and except as to positions which are policy determining, primarily confidential or highly technical , by competitive examination. 89. Define the three (3) exceptions to the rule that the appointee must be chosen based on merit and fitness to be determined by competitive examination? Policy determining is one charged with laying down of principal or fundamental guidelines or rules, such as that head of a department. Primarily confidential position is one denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of the personal trust on confidential matters of the state (Example: Chief Legal Counsel of the PNB, Besa vs. PNB, 33 SCRA 330) Highly technical position requires the appointee thereto to possess technical skill or training in the supreme or superior degree. 90. Is the position of City Engineer of Baguio City a “highly technical” position? No. The position of City Engineer of Baguio City is technical “but not highly so.” (DE LOS SANTOS VS. MALLARE, 87 Phil. 289) 91. Is there such a thing as “next-in-rank” or seniority rule in filling up vacancies in the classified civil service? No. As held in Medenilla vs. CSC, February 19, 1991, there is no need “to wait for the deadwoods to retire” before one may be promoted to fill-up a vacancy as a result of the presence of other employees with longer
years of service or “next-in-rank”. What is important is that the appointee meets all the qualifications for the said position. 92. What is the extent of the powers of the CSC in appointment cases? It has only the power to approve the appointment if the appointee meets all the qualifications and the power to deny the appointment if the appointee does not meet the qualifications. IT DOES NOT HAVE THE POWER TO SUBSTITUTE THE APPOINTEE CHOSEN BY THE APPOINTING AUTHORITY WITH ANOTHER WHICH IT BELIEVES TO BE MORE QUALIFIED. 93. Is the position of City or Provincial Legal Officer a primarily confidential position? Yes, as held in CADIENTE VS. SANTOS, 142 SCRA 280, the Provincial Legal Officer is a primarily confidential office, but not his assistant. The same was reiterated in SAMSON VS. CA, 145 SCRA where it was held that The City Legal officer is a primarily confidential officer. 94. May gov't. employees form unions for purposes of collective bargaining and to strike against the government? As held in ALLIANCE OF GOVT. WORKERS VS. MOLE, 124 SCRA and Executive Order No. 180 , June 1, 1987, government employees may form unions but not authorized to strike or demand for collective bargaining agreement with the government. authorizing govt. employees to form unions. 95. May government employees be removed without cause as a result of a government reorganization? No. This is clear from RA 6656, June 10, 1988 , which is “An act to protect the security of tenure of civil service officers and employees in the implementation of government reorganization.” There must be full compliance of the due process requirement. It must be based on just cause and with due process.( DARIO VS. MISON, August 8, 1989, FLOREZA VS. ONGPIN, February 26, 1990, MENDOZA VS. QUISUMBING, June 4, 1990, DOTC vs. CSC, October 3, 1991, Romualdez vs. CSC, August 12, 1993 and Torio vs. CSC, 209 SCRA 677)
96. May a person be appointed in a temporary capacity as a Commissioner of the Commission on Elections? No, Section 1, Art. IX-C provides that “ In no case shall any member be appointed or designated in a temporary or acting capacity. “)Brillantes vs. Yorac, Dec. 18, 1991) 97. What are the more important powers of the COMELEC? Under Section 2, Art. IX-C, its powers are to enforce and administer all laws relative to the conduct of election, plebiscite, initiative, referendum and recall….original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial and city officials and appellate jurisdiction over all contests involving elective municipal officials decided by courts of general jurisdiction and elective barangay officials decided by trial courts of limited jurisdiction. Also, it has the power to: a. b. c. d. Deputize law enforcement agencies, including the AFP.. Register political parties, except religious groups File complaints for violation of election laws Regulate the enjoyment or utilization of all franchises for the operation of transportation and other public utilities, media of communication..
98. Which court has jurisdiction over election cases involving municipal and barangay officials? Election cases involving municipal official shall be filed before the RTC whose decision may be appealed to the COMELEC. Those involving barangay officials shall be filed with the MTC whose decision is likewise subject to appeal to the COMELEC whose decision in both instances is final and not appealable. 99. Where must election cases involving city and provincial officials be filed? It must be filed with the COMELEC, not with the courts. 100. Does the President have discretion on the release of the Internal Revenue Allotment (IRA) for the Local Government Service
particularly the IRA. not by succession. May 27.46 Equalization Fund (LGSEF) and may she validly impose conditions for the release thereof? No. September 3. In 2005. ET AL. and JOSE T. is mandated with no conditions imposed for its release. there must be animus manendi coupled with animus non revertendi. HON. because there was “INVOLUNTARY RENUNCIATION” of his 3 terms. COMELEC. X of the 1987 Constitution. Is the 3-term limit of elected local officials applicable to a term acquired through succession? No. 2001 and 2004 elections. 2007 elections? Yes. local governments have fiscal autonomy under Art. No. 133495.. It was not voluntary which could have resulted in the counting of his election in 2004 as his 3 rd term.. the Vice Mayor died and he took over the said position by way of succession in accordance with the Local Government Code.R. To allow the President to impose conditions for the release of the IRA amounts to control to local government units when the President’s power over local government units is confined to general supervision. JR. The intent to remain in the new domicile of choice must be for an indefinite period of time. G. (BENJAMIN BORJA VS. May validly run again for Municipal Councilor during the May. it was held that to validly effect a change of residence. ALBERTO ROMULO. must be voluntary and the residence at the new domicile must be actual. COMELEC. Montebon was elected Municipal Councilor of Tuburan. 101. 2004. What are the requirements for a valid change of residence for purposes of the requirement on “residence” under the Local Government Code? In the case of DUMPIT-MICHELENA VS. the 3-term limit applies only if the official was DULY ELECTED to the said position for three (3) consecutive terms. He was number councilor in the election of 2004. 102. Lim. Cebu during the 1998. automatic release of funds of Local Government Units. He was forced by law to rd . As held by the Supreme Court in the case of PROVINCE OF BATANGAS VS. 235 SCRA 135. CAPCO. 1998) 102-a. not power of control as enunciated in Drilon vs.
other high crimes. (MONTEBON VS. March 17. was elected Barangay Captain of Barangay Biking. 136 SCRA 633) 104. Dauis. Bohol during the 2004 National and Local Elections and won. municipality or barangay or when it will be divided. METRO MANILA COMMISSION. merged or abolished. i. 2009) 103.. 102-b. 142 SCRA 727 and Padilla vs. Is he qualified to run for Barangay Captain of his barangay during the barangay elections of October. or betrayal of public trust”. 1997 and 2002 Barangay elections. Without having completed his 3 rd term. Nicasio Bolos. 106. VS. bribery. 105. or its boundary substantially altered. ( TAN VS. 214 SCRA 735 abandoning the doctrines in PAREDES VS. 415 SCRA 44. must participate in the plebiscite. Jr. he ran for Municipal Councilor of Dauis. His non-completion of his 3rd term WAS VOLUNTARY when her run for Municipal Councilor. What are the grounds for impeachment? Only for “Culpable violation of the constitution. EXECUTIVE SECRETARY. JR. What is the extent of a judgment in impeachment cases? Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any other office under the Republic of the Philippines but shall nevertheless be liable to prosecution. an impeachment complaint . 2007. city. 2003. April 8. Bohol during the 1994. COMELEC. (BOLOS. COMELEC. 128 SCRA 6 and LOPEZ VS. His term ended on June 30. When is an impeachment complaint deemed “initiated” to bar another complaint within a period of one year? As held in FRANCISCO VS. COMELEC.47 vacate his position as Municipal COMELEC. 2008) Councilor. SPEAKER JOSE DE VENECIA.e. 2007? No more because he was elected to three consecutive terms. who shall vote in the plebiscite to be conducted? All the residents of the political units affected. graft and corruption. November 10. treason. ET AL. trial and punishment according to law. former and new local government unit to be formed. In the creation of a new province.
68 SCRA 277). d. only institutions of higher learning enjoy academic freedom because the provision then states that “all institutions of higher learning shall enjoy academic freedom (Art. New Hampshire (354 US 234 . (Corpuz vs. “academic Freedom includes the power of a University to REVOKE a degree or honor it has conferred to a student after it was . 1999. b. Tanodbayan. and who may be admitted to study"' (Emphasis supplied.48 deemed “initiated” to be a bar to the filing of another complaint within a 1year period upon its [a] filing. Does academic freedom on the part of the school carries with it the power to revoke a degree or honor it has bestowed to its students? Yes. What is covered by the “academic freedom” provision of the 1987 Constitution? It covers not only academic freedom on the part of the school but also those of the teachers. what may be taught. GARCIA VS. citing Sinco. 110. and [b] COUPLED WITH CONGRESS TAKING INITIAL ACTION OF SAID COMPLAINT. c. rules and regulations wherein only the COMELEC has the power to investigate and to file the appropriate information in court. As held in UP BOARD OF REGENTS VS. XV. August 31. who may teach. Section 8 . (1962) and the concurring opinion of Justice Frankfurter in Sweezy v. how it shall be taught. 491.” 107. What is the extent of academic freedom on the part of schools? It includes the power to determine: a. professors and the students because the provision states that “Academic freedom shall be enjoyed in all institutions of higher learning” while under the 1973 Constitution. CA. FACULTY ADMISSION. Who investigates and prosecutes public officials for crimes committed in the performance of their official duties? Exception It is the Office of the Ombudsman and the Office of the Special Prosecutor except if the offense is in violation of election laws. 1973 Constitution.” 109. 149 SCRA 281) 108. Philippine Political Law.
it descended to the level of an individual making it susceptible to counterclaims or suits. it certainly can also determine on whom it can confer the honor and distinction of being its graduates. 112 SCRA 26) This rule was reiterated in the cased of DE LA SALLE UNIVERSITY VS. How may the State gives its consent to be sued? Expressly when there is a law allowing it and impliedly when it enters into a contract with an individual because in the latter.49 found out that the student’s graduation was obtained through fraud. ( ANGELES VS. it will be distracted from performing its functions to serve the people and it will be left just answering cases in court). while conceding the power of the school over its students held that the penalty of expulsion is too harsh a penalty. May a school punish its students for illegal acts committed outside the school premises and beyond school hours but within the semester where they are enrolled? Yes because they still carry the name of the school and their actuations affect the reputation of the school. May the government be sued in the exercise of its governmental functions? . What are the underlying principles behind the constitutional proscription that the State may not be sued without its consent? By reason of public policy (if every citizen is allowed to sue the government. 114. they are not allowed to enroll at the De La sale but they should be given transfer credentials so that they may enroll in another school. meaning. The Supreme Court. CA (2008) where a rumble between two fraternities took place outside the school campus but the students involved were EXPELLED by the school.) and by reason of consent (when the people ratified the Constitution which includes the provision that the State cannot be sued without its consent. by reason of sovereignty (the people shall not be allowed to sue the very entity that gives it said right. 111. 113. SISON. 112. It should be EXCLUSION. it has consented or waived said right to sue). Academic freedom is given a wide sphere of authority. however. If an institution of higher learning can decide on who can and cannot study in it.
This was the ruling in U. it will be causing an injustice to its citizens. the government is not allowed to invoke its immunity from suit if by doing so. 87 SCRA 294) 115. 136 SCRA where it was held that even if there is a contract entered into by the US Government but the same involves its “jusre imperii” functions (governmental functions”. 85 SCRA 599) 117. Also. CANCHELA. city. 110 SCRA 456). 117. May a municipality be held liable for damages as a result of the death of a person arising from the collapse of a stage constructed by the local government in connection with its town fiesta? Yes. It is only when the contract involves its “jus gestiones” or business or proprietary functions that it may be sued.. since no law requires any town. 87 SCRA 294) PART II . 40 SCRA and SANTIAGO VS. Are local governments also entitled to invoke immunity from suit? Yes. CFI of Cebu. REPUBLIC. (RAYO VS. FONTANILLA. not governmental. VS. et al. the said immunity from suit defense is not applicable if to do so would cause an injustice to a citizen ( MINISTERIO VS. a town fiesta is a business or proprietary function.50 Yes if the government agency has a charter which allows it to be sued. May the government still be held liable to a private individual if the contract it entered into is void but the other party had already complied with his obligations under said agreement? Yes. C. (DEPARTMENT OF HEALTH VS. CFI OF BULACAN. 40 SCRA) It does not also apply if it was the government which violated its contract with its citizen ( SANTIAGO VS. because the government shall not enrich itself at the expense of its citizens. RUIZ. (MINISTERIO VS. REPUBLIC. it cannot be sued.S. CFI OF CEBU. 116. (TORIO VS. 475 SCRA 218) Also. province or barangay to hold an annual fiesta. Is the US Government also immune from suit in the Philippines in connection with the exercise of its governmental functions? Yes.V.
(GUAZON VS.. to promote and protect public safety. ERMITA MALATE HOTEL VS. 123 SCRA 569. SECRETARY. HERNANDEZ. February 13. 1967. It is a valid exercise of police power to promote public morals. JMM PROMOTIONS VS. (DE LA CRUZ VS. 101 Phil. to promote and preserve public health. 11155) 2-a. to promote the general welfare. What are the basic purposes/aspects of police power: a. 180 SCRA 533 [NMAT]. Yes. EDU. TORIBIO.? A. 1967) 2. PARAS. DIRECTOR OF HEALTH. ( ERMITA MALATE HOTEL VS. to protect public morals. i. September 21. comfort and convenience of the people. ordain. July 31. May an Ordinance of the City of Manila validly require people/couples checking in the different motels in the city to  register at the motel’s desk facing a public street. establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people. July 31. July 31. 1967) . TAXICAB OPERATORS VS.51 CONSTITUTIONAL LAW 1. (VILLANUEVA VS. (ICHONG VS. CITY MAYOR. JUINIO. 88 SCRA 195.e. 85 b. 119 SCRA 897 ) d. CITY MAYOR. curb prostitution or illicit relationships. LORENZO VS. CITY MAYOR. etc. to maintain and safeguard peace and order. CASTANEDA. DECS VS. DE VILLA) e. VILLEGAS. (AGUSTIN VS. to promote the economic security of the people. 1987. 595—apprehend and confine lepers in a leprosarium) c. 15 Phil. US VS. and  show their identification card. CA. Define police power. SAN DIEGO. 175 SCRA 343. 1983) f. 50 Phil. It is the power vested in the legislature by the Constitution to make. 260 SCRA 319. ERMITA MALATE HOTEL VS. VELASCO VS. (ASSOCIATION OF SMALL LANDOWNERS VS.
restaurants.R. Finally. The Ordinance is unconstitutional. G. 2008) 2-c. Further. 2009. January 20.52 2-b. (WHITE LIGHT CORPORATION VS. 122846.) 3. G. there is nothing that would prevent people engaged in illicit relationships to check in in said motels by paying 12 hours or more though they will just stay there for 3 hours. May the City of Manila validly prohibit the operation of night clubs. and MALATE TOURIST DEVELOPMENT CORPORATION.00 or change the nature of their business to gift shops.000. etc. represented by MAYOR ALFREDO LIM. No. There is no logic in allowing said establishments in other parts of the City of Manila but not in the Ermita-Malate area. karaoke bars. 118127. May the City of Manila validly prohibit hotels and motels. No. It violates the due process clause by depriving the owners of said establishments of their legitimate businesses. ( CITY OF MANILA. etc. represented by Mayor Alfredo Lim VS. April 12. . and similar establishments in the Ermita-Malate Area and gives the existing establishments three (3) months to transfer to any place outside said area under pain of imprisonment of up to 1 year and fine of P5. sauna parlors. JUDGE PERFECTO LAGUIO. even assuming that the said Ordinance is intended to promote public morals. the means employed is constitutionally infirm and not a valid exercise of police power. JR. The distinctions are: 1. It likewise violates the equal protection clause.R. ? A. beerhouses. The Ordinance is unconstitutional and is not a valid exercise of police power. at the Ermita-Malate area. There is nothing immoral in staying in a motel or hotel for a period of three (3) hours only because a person’s stay therein could be for purposes other than having sex or using illegal drugs. massage parlors.. The power of eminent domain is the inherent right of the State to condemn or to take private property for public use upon payment of just compensation while police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property without compensation. to offer “short time” admission therein? A. Distinguish police power with power of eminent domain. CITY OF MANILA.
3.. Procedural due process---one which hears before it condemns. (DIDIPIO EARTH SAVERS MULTI PURPOSE ASSOCIATION VS. property rights of private individuals are subjected to restraints and burdens in order to secure the general comfort. What are the Kinds of Due Process? a. it is to determine whether it has a valid governmental objective like for the interest of the public as against mere particular class. the means employed is reasonably necessary for the accomplishment of the purpose and not unduly oppressive to individuals. In short. there should be compensable taking if it would result to public use. In such case. the interests of the public. Due process is a law which hears before it condemns. DENR SEC. which proceeds upon inquiry and renders judgment only after trial (Per Daniel Webster in the DARTMOUTH COLLEGE CASE) 6. substantive due process---requires the intrinsic validity of the law in interfering with the rights of the person to life. no compensation shall be paid. Define due process. hence . liberty or property. In short. in the exercise of police power. there is no compensable taking provided none of the property interests is appropriated for the use or for the benefit of the public. (LAWFUL MEANS). . health and prosperity of the state. require the exercise of police power. ET AL. (LAWFUL SUBJECT) b. Properties condemned under police power are usually noxious or intended for noxious purpose.53 2. enjoyment of a property is restricted because the continued use thereof would be injurious to public welfare. Likewise. What are the tests for a valid exercise of police power a. 485 SCRA 586) 4. ELISEA GOZU. not mere particular class. Otherwise. the end does not justify the means. 5. or the procedure as pointed out by Daniel Webster. In the exercise of police power. b.
8. but was represented by a lawyer when he presented his evidence. 3. The defendant must be given the opportunity to be heard. f. e. 69 Phil. However. CIR. c.54 7. the decision must be based on the evidence presented during the hearing. What are the requisites of due process before administrative bodies? As held in TIBAY VS. there is no . 635. 4. ( DELGADO VS. 9. the evidence must be substantial. November 10. his right to due process was violated and therefore. 921. PALANCA. particularly when the prosecution presented its evidence. the requisites are: a. The requisites are: 1. even if he was not represented by a non-lawyer at the start of the criminal trial. Jurisdiction must be lawfully acquired over the person of the defendant or over the property subject of the proceedings. render its decision in such a manner that the parties to the proceedings can know the various issues involved. the tribunal or body must act on its own independent consideration of the law or facts. what right of the said accused was violated? Is he entitled to a new trial? If an accused was represented by a non-lawyer during the entire trial (though she thought that he was a lawyer). There must be an impartial court or tribunal clothed with judicial power to hear and decide the matter before it. Judgment must be rendered only after lawful hearing. the decision must have something to support itself. 1986). What are the requisites of “judicial due process”? As held in BANCO ESPANOL VS. 2. 37 Phil. g. the board or body shall in all controversial questions. he entitled to a new trial. If an accused was represented by a non-lawyer during the trial of his criminal case. the tribunal must consider the evidence presented. b. d. the right to a hearing which includes the right to present evidence. CA.
4. and 2. Notice. 2009) 10. they shall have the right to answer the charges against them. the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. the requisites are: 1. EXENEA. (CONSULTA VS.R. 142 SCRA 706. that. 5. with the assistance of counsel. NU. they shall be informed of the evidence against them. What are the requisites of due process before an employee may be dismissed from his work? The requisites of Due Process before the NLRC are: 1. petitioner herein was given the opportunity several times to engage the services of a lawyer to assist him but he confidently informed the investigators that he could protect himself. 11. 3. 2. which provides that a respondent in an administrative case should be assisted by counsel in order that the proceedings therein is considered valid. 282 SCRA 125) . they shall have the right to adduce evidence in their own behalf. G. 179642. February 12. (LUMIQUED VS. What are the requisites of procedural due process in disciplinary actions against students? As held in GUZMAN VS. Not only. whether the Civil Service Act or the Administrative Code of 1987.55 violation of his right to due process or right to counsel. the students must be informed in writing of the nature and cause of any accusation against them. PEOPLE. No. Is due process satisfied in administrative proceedings if the respondent is not assisted by counsel? There is no law. Hearing 12.
How about in investigations involving disciplinary actions against students. No. Due process is served if was given the chance to present his evidence.. 127980. Is there violation of the equal protection clause if policemen who are charged of a criminal offense punishable for more than six (6) years will remain suspended until after the his acquittal unlike other public officers whose maximum suspension even when facing graft and corrupt charges is only three (3) months? No there is o violation. In HIMAGAN VS. What are the requisites for a valid classification? As held in People vs. The right to due process on the part of a student is not violated even if he was not allowed to cross-examine the other party or his witnesses. Cayat. 2007) 13. It must be germane tot he purposes of the law. 68 Phil. c. are the latter entitled to cross-examine the complainant and his witnesses? A. d. G. Manila. G. ROMEO ERECE VS. RTC 36. No. No.R.R. There must be real and substantial distinctions. 14. Is there a violation of a person’s right to due process before an administrative body like the Civil Service Commission if a party was not allowed to cross-examine the witnesses against him despite his request? No. JUDGE WILFREDO REYES. It must not be limited to existing conditions only. the Supreme Court held that the fact that policemen charged with a criminal offense punishable by more than 6 years are to be suspended during the entire duration of the case unlike other government employees is valid since it rests on valid classification because policemen carry weapons and the . ET AL. the requisites are: a. and It must apply equally to all members of the same class. 2008) 12-b. 166809. LYN MACALINGAY. (ATTY. April 22. 12. What he is entitled to is the right to be heard. (DE LA SALLE UNIVERSITY VS. December 19. PEOPLE. b.56 12-a. The right to due process is not violated even if a party to an administrative case was not allowed to cross-examine the other party or his witnesses.
57 badge of the law which can be used to harass or intimidate witnesses against them. There is real and substantial distinction. (QUINTO VS. 2010) 15. witnesses are required. Is there violation of the equal protection clause if policemen and soldiers are given allowances in the General Appropriations Act while other government workers are not since the allowances of all government workers were incorporated already in their salaries under the Compensation and Position Classification Act of 1989? No. III) In addition. except in exceptional circumstances. DEPARTMENT OF BUDGET AND MANAGEMENT. Since their basic pay does not vary on location. 2010) 14-b. Rule 126 of the Rules on Criminal Procedure requires that no warrant shall be issued for more than one (1) specific offense and that in the implementation of a search warrant when the respondent is not present. . and particularly describing the place to be searched and the persons or things to be seized. (GUTIERREZ VS. the continued grant of COLA to them is intended to help them offset the effects of living in higher cost areas. February 22. Is there a violation of the right to equal protection of the laws of appointed government officials who are deemed automatically resigned upon the filing of their certificate of candidacy while elected officials are not? No. What are the requisites of a valid search warrant or warrant of arrest? No search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. COMELEC. 14-a. March 18. a Circular issued by the Supreme Court requires that no warrant or warrant of arrest shall be implemented during the night. Policemen and soldiers are in charge of the defense of the country and could be transferred to virtually anywhere in the country. week-ends or holidays. (Section 2. there is real and substantial distinction. Most elected officials have a fixed term under the Constitution and said term could not be shortened by means of a law. Art. Finally.
having been duly authorized in writing by the AntiTerrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall. and b.The provisions of Article 125 of the Revised Penal Code. The executive determination of probable cause by the Prosecutor where he determines whether to file a criminal case in court or not. Judicial determination of probable cause to be done by the judge for the purpose of issuing a warrant of arrest against the accused. and taken into custody by the said police. 2007 (This Law shall be automatically suspended one (1) month before and two (2) months after the holding of any election) a person may be taken into custody by the police if there is a written authorization by the Anti-Terrorism Council and such detention may be extended upon written approval of the Commission of Human Rights in case of actual or imminent terrorist attack. any police or law enforcement personnel. August 3. 18. Approved on March 6. DELIVER SAID CHARGED OR SUSPECTED PERSON TO THE PROPER JUDICIAL AUTHORITY WITHIN A PERIOD OF THREE (3) DAYS counted from the moment said charged or suspected person has been apprehended or arrested. detained. notwithstanding.. Republic Act No. JUDGE ALAMEDA. 2010) NOTE: Under the Human Security Act/AntiTerrorism Law. What are the two (2) kinds of probable cause? The two (2) kinds of probable cause are: a. (LEVISTE VS. Period of detention without judicial warrant of arrest.58 15-a. 9372. or law enforcement personnel: Provided. WITHOUT INCURRING ANY CRIMINAL LIABILITY FOR DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES. 2007 and effective on July 15. who. Sec. That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the .
the Sandiganbayan or a justice of the Court of Appeals .. city. among other things. to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the subject has been subjected to any physical. provincial or regional official of a Human Rights Commission. Period of Detention in the event of an actual or imminent terrorist attack. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. Section 19. The judge shall forthwith submit his report within 3 calendar days from the time the suspect was brought to his/her residence or office. the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. That where the arrest is made during Saturdays. moral or psychological torture by whom and why.. Sundays. The penalty of 10 years and 1 day to 12 years imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify any judge as provided in the preceding paragraph.59 surveillance under Section 7 and examination of bank deposits under Section 27 pf this Act. present him or her before any judge at the latter’s residence or office nearest the place where the arrest took place at any time of the day or night. the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest. It shall be the duty of the judge.In the vent of an actual or imminent terrorist attack. before detaining the person suspected of the crime of terrorism. holidays or after office hours. suspects may not be detained for more than three days without the written approval of a municipal. The police or law enforcement personnel concerned shall. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her. regional trial court. or judge of the municipal. provided.
That within three days after the detention the suspects whose connection with the terror attack or threat is not established. 4. CA. May a judge deputize his Clerk of Court to take the deposition of the applicant for a search warrant subject to clarificatory questions after his hearing in other cases? . 17. and stop and frisk measures. What are the different instances when a warrantless search and seizure is allowed under our existing jurisprudence? Warrantless search is allowed in the following instances: 1. 6. NOT WHAT THE APPLICANTS HAD IN THEIR THOUGHTS. seizure of evidence in plain view. OR HAD REPRESENTED IN THE PROOFS THEY SUBMITTED TO THE COURT ISSUING THE WARRANT. 5. 2. 3. As held in PEOPLE VS. Sundays or holidays. consented searches. In case the place to be searched as indicated in the search warrant is erroneous because it is different from the place mentioned by the applicants who searched the place indicated by them in their affidavit. search incidental to a lawful arrest. WHAT IS MATERIAL IN DETERMINING THE VALIDITY OF A SEARCH IS THE PLACE STATED IN THE WARRANT ITSELF. 288 SCRA 626) 18. 291 SCRA 400. 16. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned. (PEOPLE VS. or after office hours. shall be released immediately. customs searches. If the arrest is made during Saturdays. are the things seized admissible in evidence? No. ARUTA.60 nearest the place of arrest. however. searches of moving vehicle. Provided. the arresting police of law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested.
As such. he shall: . CA. 54 SCRA 312) 20. the warrant shall be void. the Court noted that the addition of the word personally after the word determined and the deletion of the grant of authority by the 1973 Constitution to issue warrants to other respondent officers as to may be authorized by law does not require the judge to personally examine the complainant and his witness in his determination of probable cause for the issuance of a warrant of arrest. 99054-57). May a judge validly issue a warrant of arrest based from the Information and the Resolution of the Prosecutor finding probable cause against the accused? No. G. Otherwise. As held in the case of Soliven vs. the same is not valid since there could have been no searching questions. (VICENTE LIM. As held in Bache vs.What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. 1990 that when the questions asked to the applicant for a search warrant was pre-typed. FELIX . Makasiar. He could not have determined probable cause based from the said documents. the SC held in PENDON VS.R. theft and qualified theft”. (Asian Surety vs. Herrera. tax evasion and insurance fraud? No. Following established doctrine and procedures. Ruiz. N. 37 SCRA 823. CA. (TAMBASEN VS.HON. What is a “scatter-shot warrant”? It is a search warrant issued for more than one (1) specific offense like a search warrant issued for more than one specific offense like one for estafa.61 No. falsification. such would be a “general warrant” and violates the rule that a warrant shall be issued for one (1) specific offense. decided under the 1987 Constitution. PEOPLE VS.SR. the examination of the complainant ant the witnesses he may produce must be done personally by the judge. There will be no basis for the issuance since the Prosecutor is neither the complainant nor the witness to the case. NO. PEOPLE. robbery. 1995. July 14. AND MAYOR SUSANA LIM VS. November 16. 19. 216 SCRA 101) 21. May a search warrant be issued for the crimes of search warrant for estafa.
62 (1) personally evaluate the reports and the supporting documents submitted by the fiscal regarding the existence of probable cause and. It merely assist him to make the determination of probable cause. he may disregard the fiscal's report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause. The case of People vs. The judge does not have to follow what the prosecutor's present to him. must he examine the complainant and his witnesses face to face in order to comply with the said constitutional provision? It depends. . with searching questions. By itself. issue a warrant of arrest. While the former seeks to determine probable cause for the issuance of warrant of arrest. Honorable Enrique B. It is not for the Provincial Fiscal or Prosecutor nor for the Election Supervisor to ascertain. the affidavits. Inting reiterates the following doctrines: (1) The determination of probable cause is a function of the judge. and all other supporting documents behind the prosecutor's certification which are material in assisting the judge to make his determination. on the basis thereof. the latter ascertains whether the offender should be held for trial or be released. Only the judge alone makes this detemination. the transcripts of stenographic notes. (2) If on the basis thereof he finds no probable cause. It is the report. 22. he must personally examine the complainant and the witnesses. (3) Preliminary inquiry should be distinguished from the preliminary investigation proper. (2) The preliminary inquiry made by the prosecutor does not bind the judge. the prosecutor's certification of probable cause is ineffectual. face to face. As to the requirement that the judge must “personally” determine probable cause. In connection with the issuance of a SEARCH WARRANT.
G. vs. (P. . 210 SCRA 174. Is the judge bound by the findings of existence of “probable cause” by the Prosecutor as indicated in his Certification in the information so that the issuance of a warrant of arrest is only ministerial? If not satisfied of the existence of probable cause. he can require the Prosecutor to submit additional evidence if he is not convinced of the existence of probable for the issuance of a warrant of arrest. there is no need to examine the complainant and his witnesses face to face. “OPERATION KAPKAP” or warrantless search without probable cause is unconstitutional. Such search is valid only if covered by Section 5. 126 SCRA 463).A peace officer or private person may. the person to be arrested has committed. 110 SCRA 465. is actually committing. SOLIVEN VS. Article 113 of the Rules of Court which provides: Sec. Villanueva. however. Probable cause to justify the issuance of a warrant of arrest is a judicial function vested only in the judge. may the judge require the Prosecutor to submit additional evidence? The judge is not bound by the findings of the Prosecutor because the said finding is only “probable cause” that a crime was committed. without warrant. No. 167 SCRA 393 23. Placer vs.R. MENGOTE.63 In connection with the issuance of a warrant of arrest. Arrest without warrant. or is attempting to commit an offense. in his presence. 24. In fact. 1992. Is "Operation Kapkap" being done by the police because the suspect has something bulging in his waist and keeps on touching his abdomen as if touching a gun valid? As held in PEOPLE VS. As such. It is sufficient if the judge is convinced of the existence of probable cause upon reading the affidavits or deposition of the complainant and his witnesses. the word “personally” after the word determined does not necessarily mean that the judge should examine the complainant and his witnesses personally or face to face before issuing the warrant of arrest but the exclusive responsibility on the part of said judge to satisfy himself of the existence of probable cause. 87059. 5. arrest a person: (a) When. Villanueva.. MAKASIAR. June. when lawful.
26. the SC held that mere suspicions not sufficient to validate warrantless arrest. as the prosecution incorrectly suggested. 283 SCRA 159. there was no probable cause that. to all appearances no less innocent than the other disembarking passengers. GALVEZ. In arrests without warrant based on the fact that a crime has just been committed. May the Iloilo Police arrests without warrant or search the person disembarking from a ship without warrant based solely on an information relayed to them by an informant that the suspect’s bag contains marijuana? No. The search was declared valid by the Supreme Court. CA. PEOPLE. Indeed. As held in PEOPLE vs. what kind of knowledge is required on the part of the arresting officer? In PEOPLE VS. Considering that the accused- . AMMINUIDIN. The policemen saw several suspicious looking men at dawn who ran when they went near them. the prosecution admitted that there was no warrant of arrest issued against accused-appellant when the latter was taken into custody. Compare this case to MANALILI VS. or has escaped while being transferred from one confinement to another.64 (b) When an offense has in fact just been committed. that in MALACAT VS. and he has personal knowledge of facts indicating that the person to be arrested has committed it. and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending. however. He had not committed nor was actually committing or attempting to commit an offense in the presence of the arresting officers. an unlicensed firearm was confiscated. 1997. the Supreme Court held that t he policeman arrested the accused-appellant on the basis solely of what Reynaldo Castro had told him and not because he saw the accusedappellant commit the crime charged against him. In short. As the policemen ran after them. This was effected while he was coming down the vessel. October 9. Note. dispensed with the constitutional requirement of a warrant. He was not even acting suspiciously. 25. 163 SCRA 402 a warrantless arrest of the accused was unconstitutional. 355 SCRA 246.
IT IS NOW SETTLED THAT OBJECTION TO A WARRANT OF ARREST OR THE PROCEDURE BY WHICH A COURT ACQUIRES JURISDICTION OVER THE PERSON OF AN ACCUSED MUST BE MADE BEFORE HE ENTERS HIS PLEA. 482 SCRA 660) 29. 81561. January 18. there is no valid search incidental to a valid arrest if she will be brought to her residence and thereafter search the said place. ET AL. G. (PEOPLE OF THE PHILIPPINES VS. 139 SCRA 541. PANO. Is a warrantless search and seizure by a private individual valid? Yes since the constitutional provision is not applicable to him. What is the effect on the illegality of the arrest by the subsequent act of the accused in posting bond for his provisional liberty and entering a plea during his arraignment? By entering a plea of not guilty during the arraignment. If the accused was validly arrested without warrant inside a night club for illegal possession of firearm. What are the requisites of a valid search incidental to a valid arrest? As held in NOLASCO VS. if accused was arrested while inside a jeepney.65 appellant was not committing a crime at the time he was arrested nor did the arresting officer have any personal knowledge of facts indicating that accused-appellant committed a crime. 1991. 355 SCRA 246) 28. NO. may the arresting officers .. ANDRE MARTI. OTHERWISE. VS. THE OBJECTION IS DEEMED WAIVED. CA.R. As such. THE FACT THAT THE ARREST WAS ILLEGAL DOES NOT RENDER THE SUBSEQUENT PROCEEDINGS VOID AND DEPRIVE THE STATE OF ITS RIGHT TO CONVICT THE GUILTY WHEN ALL THE FACTS POINT TO THE CULPABILITY OF THE ACCUSED. 30. (PEOPLE VS. 27. a search incidental to a valid arrest must be done at the place where the accused is arrested or its immediate vicinity or on the person of the accused. ROGELIO SOLUTA. GALVEZ. 288 SCRA 588. SILAHIS INTERNATIONAL HOTEL. INC. the search of his house nearby is not a valid search incidental to a valid arrest. the accusedappellant waived his right to raise the issue of illegality of his arrest. if the accused was arrested in the street during a buy-bust operation. Or as held in ESPANO VS. his arrest without a warrant cannot be justified.
DAMASO. VALDEZ. As such. PEOPLE VS. of a drug paraphernalia and shabu. Commissioner. “plain . (PEOPLE VS. the subsequent discovery in his car which was parked in a distant place from where the illegal possession of firearm was committed [after he requested that he will bring his car to the Police Station after his warrantless arrest) . No warrant is necessary in such a situation. it being one of the recognized exceptions under the Rules. no search warrant is necessary and in the absence of any license for said firearm. which may justify a search without warrant. 354 SCRA 338) 31. May the police authorities validly search the rented apartment of a suspect without a search warrant or without the consent of the said person BUT WITH THE CONSENT OF THE OWNER OF THE APARTMENT? No. In order that there is a valid consent to a warrantless search. GO. APPLIES ONLY WHERE THE POLICE OFFICER IS NOT SEARCHING FOR EVIDENCE AGAINS THE ACCUSED. he may be lawfully searched for dangerous weapons or anything which may be used as proof of the commission of an offense. he may be arrested at once as he is in effect committing a crime in the presence of the police officers. 212 SCRA 547 abandoned the ruling in Lopez vs. This is a valid search incidental to a lawful arrest. As a consequence of the accused’s valid warrantless arrest inside the nightclub. drug paraphernalia and the shabu. Rule 126. 341 SCRA 25. In fact. CANNOT BE SAID TO HAVE BEEN MADE DURING AN ILLEGAL SEARCH because of his consent. BUT INADVERTENTLY COMES ACROSS AN INCRIMINATING OBJECT. As such. not due to search incidental to a valid arrest. the “plain view” doctrine. without a search warrant in accordance with Section 12. 32.66 validly search his car parked several meters from the place of arrest based on “search incidental to a valid arrest”? Where the gun tucked in a person’s waist is plainly visible to the police. What is the “plain view doctrine” in connection with warrantless search and seizure? As held in PEOPLE VS. the items do not fall under the exclusionary rule and the unlicensed firearms. the consent must come from the person directly affected by said warrantless search. can be used as evidence against the accused .
VS. 566). CFI. supra. 33. which was seen on top of a table after the opening of the apartment’s door without a warrant nor consent of the occupant therein. 82870. 34. This probable cause must be shown to be within the personal knowledge of the complainant or the witnesses he may produce and not based on mere hearsay. the Supreme Court clarified that the military . The checkpoints are legal as where the survival of the organized government is on the balance. RTC 33. Manila & People of the Philippines. US VS. DAYRIT. 667. THE HON. 64 PHIL. 28 PHIL. 33. Damaso. However. June 23. the Supreme Court held that warrantless searches and seizures in military and police checkpoints are not illegal as these measures to protect the government and safeguards the lives of the people. EXECUTIVE JUDGE ABELARDO M. GR No. SY JUCO. has been defined "as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed. (P. NEMESIO PRUDENTE VS. What is the “sufficiency test” in connection with applications for a search warrant? "The true test of sufficiency of a deposition or affidavit to warrant issuance of a search warrant is whether it was drawn in a manner that perjury could be charged thereon and the affiant be held liable for damage caused." (DR. 83988. September 29. ALVAREZ VS. and that the objects sought in connection with the offense are in the place sought to be searched". 1988). December 14. The "probable cause" for a valid search warrant. not of the facts merely reported by a person whom one considers to be reliable. ADDISON. (Quintero vs. May the police and military authorities validly search the citizens without warrant in checkpoints set up by them? What is the extent of the search that they may conduct? In RICARDO VALMONTE VS. 64 PHIL. 1989) 35. 1989.67 view doctrine could not be used to justify the seizure of an unlicensed firearm in People vs. GR No. Define probable cause in connection with the issuance of a search warrant. GEN RENATO DE VILLA. or where the lives and safety of the people are in grave peril. The oath required must refer to the truth of the facts within the personal knowledge of the applicant of a search warrant and/or his witnesses. NBI.
300 SCRA 265. the warrant issued by virtue thereof is not valid. GOZO VS. the firearm is not admissible as evidence. July 31. LAYAGUE.1987) . mere conclusions of law. the Supreme Court held that the owner of the house allowed the policemen to enter his house because they will be searching for rebel soldiers but when inside the house. SALVANI. SEPTEMBER 26. must he issue a warrant of arrest as a matter of course? It depends: 1. Dayrit. there was no consent to search for firearms and as a consequence. Ponsica vs. Note: This case involves a minor offense) 2. 1988 (No because a warrant is issued in order to have jurisdiction of the court over the person of an accused and to assure the court of his presence whenever his case is called in court. As such. would such fact sufficient to convince the court of the existence of “probable cause”? No. As such. if the court believes that the presence of the accused could be had even without a warrant of arrest. knowledge based on hearsay information does not justify the existence of probable cause. Ignalaga. If the judge finds that there's probable cause. supra. 37.) In fact. when the statements in the affidavits of witnesses are mere generalities. Is an unlicensed firearm seized in the house of the accused without warrant by the military authorities. 210 SCRA 97. In VEROY VS. If the applicant for a search warrant testifies that his knowledge of the facts and circumstances was derived from a “highly reliable informant”. TAC-AN. SAMULDE VS. they instead seized an unlicensed firearm. admissible in evidence? No. 36. If the offense committed is a serious one like that obtaining in this case for murder. and not positive statements of particular acts. after they were given consent by the said owner of the house for them to search for rebel soldiers.68 officers manning the checkpoints may conduct VISUAL SEARCH ONLY. the Judge must issue a warrant of arrest after determining the existence of probable cause) 38. then he may not issue said warrant. (Prudente vs. NOT BODILY SEARCH.
The provisions of RA 4200 (Anti-Wiretapping Law) to the contrary notwithstanding. Under the Human Security Act/Anti-Terrorism Law. a police or law enforcement official and the members of his team may. listen to. or spoken or written words of a person without violating the right to privacy? Yes under Sections 7 and 8 of the law which provides: Section 7. association. intercept and record. conversation. Republic Act No. conversation. or with the use of any other suitable ways or means for that purpose. upon a written order of the Court of Appeals. form or kind or type of electronic or other surveillance equipment or intercepting and tracking devices. 2007. 9372. or with the use of any other suitable ways or means for that purpose. form or kind or type of electronic or other surveillance equipment or intercepting and tracking devices. what must the applicant submit to the court in order that the search warrant to be issued shall be valid? In Century Fox vs. . 2007 and effective on July 15. discussion. or spoken or written words between members of a judicially declared and outlawed terrorist organization. may police authorities the listen to. In the seizure of alleged pirated tapes. any communication. intercept and record.69 39. message. message. Surveillance of suspects and interception and recording of communications. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. 41. CA. discussion. it was held that the master copy of the allegedly pirated tape should be presented before the judge in order to convince him of the existence of probable cause) 40. 164 SCRA 655 and COLUMBIA PICTURES VS. What is the effect on the evidence obtained in violation of Sections 2 and 3 of Article III? Any evidence obtained in violation of Sections 2 and 3 of Article III shall be inadmissible for any purpose in any proceeding. 261 SCRA 144. any communication. with the use of any mode. Approved on March 6. with the use of any mode. CA.
or is being committed. 9. the original application of the applicant. if any. and the written authorizations of the Anti-Terrorism Council shall be deemed and are hereby declared as classified information: Provided. Section 8. Sec. and record communications. messages. • That there is probable cause to believe based on personal knowledge of facts and circumstances that evidence which is essential to the conviction of any charged or suspected person for. letters. Formal Application for Judicial Authorization. and upon examination under oath and affirmation of the applicant and the witnesses who may produce to establish: • That there is probable cause to believe based on personal knowledge of facts and circumstances that the said crime of terrorism or conspiracy to commit terrorism has been committed. The written order granted by the authorizing division of the Court of Appeals as well as its order. shall only be granted by the authorizing division of the Court of Appeals UPON AN EX-PARTE written application of a police or law enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex-parte application.70 Provided. doctors and patients. tap. to extend or renew the same. discussions. messages. intercept. will be obtained. That the person being surveilled or whose communications. including his application to extend or renew. listen. conversations. That surveillance.. discussions. or is about to be committed. or spoken or written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism. spoken or written words and effects have been . and • That there is no other effective means readily available for acquiring such evidence. papers. Classification and Contents of the Order of the Court. or to the solution or prevention of any such crimes.The written order of the authorizing division of the Court of Appeals to track down. interception and recording of communications between lawyers and clients. journalists and their sources and confidential business correspondence shall not be authorized. if any. conversations.
the legality of the interference before the Court of Appeals which issued said written order. Any authorization granted by the authorizing division of the court of Appeals…shall only be effective for the length of time specified in the written order of the authorizing division of the Court of Appeals. or telephone (whether wireless or otherwise) communications. if he or she intends to do so. such person shall be subject to continuous surveillance provided there is reasonable ground to do so. intercepted or recorded and. bugged or recorded by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge. discussions. and record the communications. electronic. and • The length of time which the authorization shall be used or carried out. in case of radio. intercepted. and recorded and their locations if the person suspected of the crime of terrorism or conspiracy to commit terrorism is not fully known. tapped. discussions. messages. listen to. messages. the electronic transmission systems or the telephone numbers to be tracked down. intercept. such as name and address. or sought to be prevented. tapped. discussions. conversations. of the charged of suspected persons whose communications. or spoken or written words. • The offense or offenses committed. and the police or law enforcement organization) of the members of his team judicially authorized to track down. messages. • The identity (name and address. if known. conversations. or being committed. listened to. Effective Period of Judicial Authorization. Section. tap. 10. or spoken or written words are to be tracked down. or spoken or written words.71 monitored. conversations. listened to. The written order of the authorizing division of the court of Appeals shall specify the following: • The identity. listened to. which shall not exceed 30 days from the date .
The justices of CA designated as special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: • A person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. • Of a judicially declared and outlawed terrorist organization or group of persons. placements. accounts and records. Republic Act No. It provides: Section 27. • Of a member of such judicially declared and outlawed organization. Approved on March 6. may authorize in writing any police or law enforcement officer and the members of his team duly authorized in writing by the anti-terrorism council to: 1. may police authorities examine the bank accounts of individuals without violating their right to privacy? Yes under Sections 27 and 28 of the said law. The bank or financial institution shall not refuse to allow such examination or to provide the desired information. and records from a bank or financial institution.72 of receipt of the written order of the authorizing division of the court of Appeals by the applicant police or law enforcement official. 2007. and 2. association or group of persons. assets. which shall not exceed 30 days from the expiration of the original period…The ex-parte application for renewal has been duly authorized by the Antiterrorism Council in writing. gather or cause the gathering of any relevant information about such deposits. 42. examine or cause the examination of. and records in a bank or financial institution. The CA may extend or renew the said authorization for another non-extendible period. . 9372. Judicial authorization required to examine bank deposits. trust accounts. assets. when so ordered by and served with the written order of the Court of Appeals. placements. trust accounts. Under the Human Security Act/Anti-Terrorism Law. 2007 and effective on July 15. the deposits.
association or group of persons. May a wife validly seize the diaries. • Of a judicially declared and outlawed terrorist organization or group of persons. Application to examine deposits. the evidence obtained by the wife who forcibly opened the drawers at the clinic of her doctor-husband and took diaries. placements. 1996. checks and greeting cards of his alleged paramours is inadmissible as evidence. placements. accounts and records. This is so because the intimacies of husband and wife does not justify the breaking of cabinets to determine marital infidelity. association or group of persons. • Of a member of such judicially declared and outlawed organization. 28. February 10. The written order of the CA authorizing the examination of bank deposits.73 Sec. checks and greeting cards of the alleged paramours of her husband in the latter’s clinic and use the same as evidence in a legal separation case between them? As held in ZULUETA VS. assets and records: • Of A person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. • Of a judicially declared and outlawed terrorist organization or group of persons. • Of a member of such judicially declared and outlawed organization. assets and records: • A person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. CA. trust accounts. 43. in a bank or financial institution-SHALL ONLY BE GRANTED BY THE AUTHORIZING DIVISION OF THE CA UPON AN EX-PARTE APPLICATION TO THAT EFFECT OF A POLICE OR LAW ENFORCEMENT OFFICIAL who has been duly authorized by the Anti-Terrorism Council to file such ex-parte application and upon examination under oath or affirmation of the applicant and his witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits. . trust accounts.
COURT OF APPEALS & RAMON LABO.S. 2004 . May the above rule applicable to private individuals who are public figures or private individuals who are candidates for public office? As held by the Supreme Court in the case of BAGUIO MIDLAND COURIER & CECILLE AFABLE VS. 37 Phil. computers. JR.74 43. 444 SCRA 28 [November 25. 338  and the case of NEW YORK TIMES VS. it provides that persons who have been charged with terrorism or conspiracy to commit terrorism---even if they have been granted bail because evidence of guilt is not strong—can be: “Prohibited from using any cellular phones. SULLIVAN. and occasional injury to the reputations of individuals must yield to the public . 376 U. The interest of the government and the society demands full discussion of public affairs.. under Section 26 of the law. the article involving a private individual running for Mayor of Baguio City is still within the mantle of protection guaranteed by the freedom of expression provided in the Constitution since it is the public’s right to be informed of the mental. or other means of communications with people outside their residence. and the advantages derived so great.” 44. What is the rule on criticisms on the acts of public officers? A public official should not be too onion-skinned with reference to comments upon his official acts. This was recognized as early as the case of US VS. 14 Phil. 254 where the US Supreme Court held: “…it is of the utmost consequence that the people should discuss the character and qualifications of candidates for their suffrages. Is the freedom of speech and expression affected by the Human Security Act? Yes. (US vs. 731) 45. moral and physical fitness of candidates for public office. SEDANO. The importance to the State and to society of such discussions is so vast. Bustos. that they more than counterbalance the inconvenience of private persons whose conduct may be involved.
“ Clearly. The people affected by the issues presented in a plebiscite should not be unduly burdened by restrictions on the forum where the right to expression may be exercised. Ed. What are the tests of obscenity? The three (3) tests as held in Miller vs. The people's right to be informed and to be able to freely and intelligently make a decision would be better served by access to an unabridged discussion of the issues.75 welfare. the same must be [a] a true and fair report of the actual proceedings. such would be an undue interference on the freedom of expression.76 SCRA 448. G. California.R. The public benefit from publicity is so great and the chance of injury to private character so small. IT IS STILL A RESTRICTION ON THE COLUMNIST. that such discussion must be privileged. NO. radio announcers and TV commentator for commenting for or against any issue during the plebiscite period since they can air their views in a program sponsored by the COMELEC itself? No. 1990) 47. INCLUDING THE FORUM. [b] must be done in good faith. 2d 419 are: . What are the requisites that a newspaper must comply in order that its news item on an ongoing trial in court will not be actionable for being libelous? In Elizalde vs. and [c] no comments nor remarks shall be made by the writer} 48. 90878. May the COMELEC validly prohibit columnists. (PABLITO V. Plebiscite issues are matters of public concern and importance. it was held that in order that any news item relating to a judicial proceeding will not be actionable. Gutierrez. 46. 37 L. January 29. COMELEC. the questioned articles constitute fair comment on a matter of public interest as it dealt with the character of the private respondent who was running for the top elective post in Baguio City at that time. although at times such injury may be great. SANIDAD VS. ANNOUNCER OR COMMENTATOR’S CHOICE OF THE FORUM WHERE HE MAY EXPRESS HIS VIEW.
COURT OF APPEALS. 444 SCRA 51 held that “these mass actions were to all intents and purposes a strike. prosecutor and judge at the same time. A City Mayor may not order the warrantless seizure of magazines which he believes to be obscene. instead of going on strike. May public school teachers validly file mass leaves. What is the procedure to be followed in the application of rally permits before the City or Municipal Mayor in accordance with BP Bilang 880? . 49.” It is undisputed fact that there was a work stoppage and that petitioners’ purpose was to realize their demands by withholding their services. political or scientific value. AND NOT ITS APPEARANCE.76 1. 50. He should obtain a search warrant from a judge by following the procedure laid down by the Rules on how to secure a search warrant. 2. (Bangalisan vs. work which it was the teachers’ duty to perform. 276 SCRA 619) 51. CA. WITHOUT INCLUDING THE RIGHT TO STRIKE. CA. 3. he will become the complainant. (Pita vs. SINCE THE SUBSTANCE OF THE SITUATION. undertaken for essentially economic reasons. Whether the work depicts or describes a patently offensive sexual conduct. after their demand to the government was not met” In GESITE et al. 178 SCRA 362). The fact that the conventional term “strike” was not used by the striking employees to describe their common course of action is inconsequential. Whether the average person applying to contemporary community standards would find the work appeals to prurient interest. or absence from. The right of government employees to organize IS LIMITED TO THE FORMATIONS OF UNIONS OR ASSOCIATIONS ONLY. WILL BE DEEMED CONTROLLING. Whether the work as a whole lacks serious literary . they constituted a concerted and unauthorized stoppage of. artistic. May the City Mayor order the confiscation without a search warrant magazines which he believes to be obscene? What is the correct procedure for him to follow? No. vs. otherwise.
LOMIBAO. Neither is the law overbroad. whether favorable or adverse. Is BP 880 unconstitutional for being vague (Void for Vagueness Doctrine) and overbroad (Overbreadth Doctrine)? No. NCRPO Chief Maj. has no place in our legal firmament and must be struck down as a darkness that shrouds freedom. Manila City Mayor LITO ATIENZA. ( BAYAN. ARTURO M. Chief of the Philippine National Police. and GABRIELA vs. Gen. It is very clear that it deals only on public assemblies that deals with rallies. PEDRO BULAONG. If he is of the view that there is such an imminent and grave danger of a substantive evil. the applicants must be heard on the matter. 2006) 52. May. the policy of dispersing rallyists through water cannons. it does not curtail or unduly restrict freedoms. place . On the other hand. G. they can have recourse to the proper judicial authority.R. the public place where and the time when it will take place. If it were a private place. mass actions and similar acts and not all kinds of public assemblies.P. and Western Police District Chief Gen. in his capacity as Executive Secretary. It is an indispensable condition to such refusal or modification that the clear and present danger test be the standard for the decision reached. especially freedom of expression and freedom of assembly. VIDAL QUEROL. EDUARDO ERMITA. No. KARAPATAN. KILUSANG MAGBUBUKID NG PILIPINAS (KMP). B. Thereafter. only the consent of the owner or the one entitled to its legal possession is required. No. It regulates the exercise of the right to peaceful assembly and petition only to the extent needed to avoid a clear and present danger of the substantive evils Congress has the right to prevent. It merely confuses our people and is used by some police agents to justify abuses. Such application should be filed well ahead in time to enable the public official concerned to appraise whether there may be valid objections to the grant of the permit or to its grant but at another public place. 880 cannot be condemned as unconstitutional. For this reason.77 The applicants for a permit to hold an assembly should inform the licensing authority of the date. must be transmitted to them at the earliest opportunity. it merely regulates the use of public places as to the time. 169848. his decision. it is not vague. As such. Thus if so minded. Is the Calibrated Pre-emptive Response (CPR) of the Arroyo Administration towards rallyists constitutional? The Court reiterates its basic policy of upholding the fundamental rights of our people. Gen. the so-called calibrated preemptive response policy. 53.
May the City of Cauayan.R. in his capacity as Executive Secretary. In fact. FELICISIMO G. DY. MEER. KARAPATAN. LOMIBAO. and GABRIELA vs. The act of the City of Cauayan. validly close the Bombo Radio Stations therein on the ground that their building was constructed on an “agricultural land” [that is why the City did not issue business permit for it to operate] which has not been converted to “commercial land” by the DAR despite the fact that it has been there for so many years and was questioned only when the said station was critical of the Dy’s in Isabela who own the only other radio station therein? A. Far from being insidious. G. Gen. Yes as “subsequent punishment”. RACMA FERNANDEZGARCIA and THE CITY OF CAUAYAN. May the MTRCB suspend for three (3) months the airing of the program Ang Dating Daan of Brother Eliseo Soriano as a result of vulgar and uncouth language he uttered against the host of the program Ang Tamang Daan of the Iglesia Ni Kristo? A. KILUSANG MAGBUBUKID NG PILIPINAS (KMP).R. VIDAL QUEROL. Isabela constitutes prior restraint. ( NEWSOUNDS BROADCASTING NETWORK INC. not the government. Per Justice Antonio Carpio] 54-a.78 and manner of assemblies. HON. “maximum tolerance” is for the benefit of rallyists. (BAYAN. and CONSOLIDATED BROADCASTING SYSTEM. 2009) [Dissenting Opinion: The suspension of the program is illegal. and Western Police District Chief Gen. vs. It constitutes “prior restraint”. 170270 &179411. May. PEDRO BULAONG. The delegation to the mayors of the power to issue rally “permits” is valid because it is subject to the constitutionally-sound “clear and present danger” standard. EDUARDO ERMITA. Manila City Mayor LITO ATIENZA. April 2. 2009) . Nos. No. ARTURO M. He is prevented from hosting the program during the succeeding days even if he will just say the “Lord’s Prayer” or to greet “good morning” to his viewers. 2006) 54. it is a valid “prior restraint” measure on the part of the MTRCB (SORIANO VS. Isabela. It shall pay P10M in damages for the losses suffered by Bombo Radyo as a result of the illegal closure. LAGUARDIA. INC. Chief of the Philippine National Police. 169848. NCRPO Chief Maj. G. April 29. Gen. CEASAR G. BAGNOS MAXIMO.
79 54-b. Since the movie producer is primarily after profits only. Freedom to believe. 57. JUAN PONCE ENRILE. 160 SCRA 861) 56. May Senator Juan Ponce Enrile prevent the movie producer of the EDSA I Revolution movie from including his participation during the uprising since it violates his right to privacy? No. Gonzales). Distinguish “clear and present danger”. a. and . the latter’s right prevail because Enrile’s part in the movie deals solely on his acts as a public officer then. As between the right to privacy invoked by the mother and the freedom of expression invoked by the movie producer. then such words are punishable) The balancing-of-interest test (When a particular conduct is regulated in the interest of the public order. partial abridgment of speech. (Lagunzad vs.) 55. the duty of the courts is to determine which of the 2 conflicting interests demand greater protection under the circumstances presented. as between Enrile’s right to privacy and the freedom of expression on the part of the movie producer. JUDGE CAPULONG. conditional. “dangerous tendency rule” and “balancing of interest test”. Clear and present danger and dangerous tendency rule (whether the words used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the State has the right to prevent) Dangerous tendency rule (If the words uttered create a dangerous tendency which the State has the right to prevent. May the mother of a murdered Mayor stop the filming of the life story of her son which would include his alleged love affairs which would blacken his memory? Yes. the right to privacy shall prevail. What are the two (2) aspects of the RIGHT TO RELIGIOUS PROFESSION AND WORSHIP ? Distinguish each. ET AL. (AYER PRODUCTION VS. To exclude him as integral part of the revolution would be a distortion of history. the state shall balance their respective interests. and the regulation results in an indirect..
• That the conjugal arrangement with Quilapio has the approval of her congregation. . He may not be punished even if he cannot prove what he believes.80 b. As held in ESTRADA VS. SOLEDAD ESCRITOR. Freedom to act. if the individual externalizes what he believes. However. his freedom to do so becomes subject to the authority of the State. May a Jehovah’s Witnesses Member who is the Court Interpreter of RTC Branch 253. In the second. worship any god he chooses. The Declaration thus makes the resulting union moral and binding within the congregation all over the world except in countries where divorce is allowed. 408 SCRA 1. 58. Escritor’s conjugal arrangement cannot be penalized as she has made out a case for exemption from the law based on her fundamental right to religion. such freedom is absolute. 492 SCRA 1 (Resolution of the Motion for Reconsideration). be held liable for “grossly immoral conduct” for living with a married man while her very own marriage was still subsisting? No. • That the conjugal arrangement was in conformity with their religious beliefs. Example: “Go forth and multiply---cannot marry several times just to comply. this mode of living with another other than his or her spouse by a married person does not apply in places where divorce is allowed. IN the first. or none at all. This is so because religious freedom can be exercised only with due regard to the rights of others. He may indulge in his own theories about life and death. Las Pinas City. the Supreme Court held that she is not liable for grossly immoral conduct because: • She is a member of the Jehovah’s Witnesses and the Watch Tower Society. Escritor likewise claimed that she had executed a “DECLARATION OF PLEDGING FAITHFULNESS” in accordance with her religion which allows members of the Jehovah’s witnesses who have been abandoned by their spouses to enter into marital relations.
without the authorization of the court. and Salute the Flag. Travel outside of said municipality or city. (ROEL EBRALINAG. May children of Jehovah’s Witnesses in public schools be forced to sing the National Anthem. 60. Religious freedom is superior to the statute requiring the pupils to sing the National Anthem. • Restricted from traveling. Section 26 provides that persons who have been charged with terrorism or conspiracy to commit terrorism---even if they have been granted bail because evidence of guilt is not strong—can be: • Detained under house arrest. THE DIVISION SUPERINTENDENT OF SCHOOLS OF CEBU. Secretary of Education was reversed. and/or Upon application of the prosecutor. March 1. in the interest of national security and public safety. 62.81 59. as may be provided by law. recite the Patriotic Pledge. or public health. May Former President Marcos validly compel the government to issue him his travel papers in order that he could return to the . Is the right to travel affected by the Human Security Act? Yes. shall be deemed a violation of the terms and conditions of the bail which shall then be forfeited as provided in the Rules of Court. and Salute the Flag under pain of being expelled for non-compliance? No since such is in violation of their religious beliefs. How may the right to travel be impaired? The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. or earlier upon the discretion of the court or upon motion of the prosecutor. or the dismissal of the case filed against him. These restrictions shall be terminated upon acquittal of the accused. 61. recite the Patriotic Pledge. ET AL VS. The doctrine laid down in Gerona vs. Neither shall the right to travel be impaired except in the interest of national security. public safety. the suspect’s right to travel shall be limited to the municipality or city where he resides or where the case is pending. 1993).
While the right of the people to information on matters of public concern shall be recognized and access to official records…shall be afforded the citizen. BUT IT IS OUR WELLCONSIDERED VIEW THAT THE RIGHT TO RETURN MAY BE CONSIDERED AS A GENERALLY ACCEPTED PRINCIPLE OF INTERNATIONAL LAW. 1989). subject to the following requisites ( Manotoc vs. 64. 1989 and the Resolution of the Motion for Reconsideration dated October 27. IS PART OF THE LAW OF THE LAND.R. 65. (FERDINAND MARCOS. September 15. and  that his sureties are willing to undertake the responsibility of allowing him to travel. The power involved is the President's RESIDUAL POWER to protect the general welfare of the people. 88211. 142 SCRA 149): He must however  convince the courts of the urgency of his travel.82 Philippines from his US exile in accordance with his constitutional right to travel? No. WHICH TREATS ONLY OF THE LIBERTY OF ABODE AND THE RIGHT TO TRAVEL. What is provided by the Philippine Constitution is the right to travel and not the right to return. 63. CA. What is the “residual power” of the President? It is the power of the President in balancing the general welfare and the common good against the exercise of rights of certain individuals. NO. ET AL. HON.  the duration thereof. These two (2) rights are different under the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. RAUL MANGLAPUS. THE RIGHT TO RETURN TO ONE'S COUNTRY IS NOT AMONG THE RIGHTS SPECIFICALLY GUARANTEED BY THE BILL OF RIGHTS. ET AL. May a person out on bail be validly allowed to travel abroad? Yes. UNDER OUR CONSTITUTION. it must be subject to such limitations as may be provided by law as well as reasonable conditions imposed by public officials in custody of . G. Is the right to information on matters of public concern absolute? No.. VS.
Such prohibition violates the right to information on matters of public concern on the part of the citizen.. If the expropriation is for a “National government projects” or “national infrastructure projects”. RA 8974 shall be followed. the COMELEC must publish the same despite the prohibition in the law. MAY 4.R.83 said records like the payment of the expenses of reproduction of public documents. 16977. ET AL.( Barangay Matictic vs. EXEC. EDUARDO ERMITA. and  the 100% of the market value of the property sought to be expropriated must first be paid to the owner of the . No. Such would violate the right of the people to information on matters of public concern. like those covered by the “BuildOperate-Transfer”. the request must be done during office hours. 2007 elections despite the prohibition on such publication as embodied by the Party-List Act? YES. Elbinias. ET AL. 2006 ) 68. This means that there must be a [a] Complaint for expropriation which is sufficient in form and in substance. etc. 148 SCRA 83) 69. (SENATE OF THE PHILIPPINES. 2007) 67. 66. What are the requisites before an expropriator may validly obtain a writ of possession to take over possession of the expropriated property? It depends: 1. represented by SENATE PRESIDENT FRANKLIN DRILON. COMELEC. G. (BANTAY REPUBLIC VS. April 20. May a Barangay validly exercise the power of eminent domain? Yes. VS. subject to the approval by the President. May the COMELEC be compelled to publish the names of the nominees of the different party-list groups for the May 14. May the President validly prohibit members of her Cabinet as well as other officers in the executive department from attending investigations in aid of legislation by Congress? No. It is only through said investigations that the people will be informed of the workings of the different departments of the government.. SEC.
444 SCRA 269. In ordinary expropriation cases. the Supreme Court decision in the case of THE CITY OF ILOILO VS. (Manotok vs. 3. shall be complied with: 1. 354 SCRA 562. (REPUBLIC OF THE PHILIPPINES VS. JUDGE LEGASPI. If the expropriation is being done by a Local Government Unit.84 property. RULE 67 OF THE 1997 RULES OF CIVIL PROCEDURE AND THE DOCTRINE LAID DOWN IN THE ROBERN DEVELOPMENT CASE. the complaint for expropriation filed in court is sufficient in form and substance. It provides: PURSUANT TO SECTION 2. 478 SCRA 474) 2. May 21. THE ONLY REQUISITES FOR THE IMMEDIATE ENTRY BY THE GOVERNMENT IN EXPROPRIATION CASES ARE: • the filing of a complaint for expropriation sufficient in form and substance. JUDGE GINGOYON. ILOILO CITY. 70. the expropriator must deposit the amount equivalent to 15% of the fair market value of the property to be expropriated based on its current tax declaration. cost of acquisition. JUDGE BACALLA. .1987) The factors to be considered compensation/market value are: in determining the just 1. RTC 22. Who determines the just compensation in expropriation cases? What are the factors to be considered in determining the same? Determination of just compensation is a judicial function with the assistance or recommendation of the court-appointed commissioners. and 2. the rule is that in the case of BIGLANG-AWA VS. CA. and • the making of a deposit equivalent to the ASSESSED VALUE OF THE PROPERTY SUBJECT TO EXPROPRIATION.
the entry must be under warrant of color or title. and 6. the market value as recommended by the board of commissioners appointed by the court were at best only ADVISORY AND PERSUASIVE AND BY NO MEANS FINAL OR BINDING. 3. 58 SCRA 336) 72. What are the requisites of “taking” in expropriation cases? The Requisites of taking are: a. 141 SCRA 30. 5. The person arrested. December 14. the entrance must not be for just a momentary period. 71. particular case of lands. the expropriator must enter the property. information or communication must be in a language known to and understood by said person. 40 Phil. the current value of like proerties. 4. What are the rights of a person under custodial investigation under the “Mahinay Doctrine” or the “Expanded Miranda Doctrine”? The rights are: 1. detained. Santos. Finally. if any. Castellvi. COURT OF APPEALS AND REPUBLIC OF THE PHILIPPINES. invited or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown a copy of the warrant of arrest. a private property which is already devoted to public use may not be expropriated for another public purpose. its actual or potential uses. e. INC. Chinese Community. (City of Manila vs. VS. d. note that as held in the case of Republic vs. 73. (Rep. location. and the owner must be ousted from beneficial use of his land. . the tax declarations thereon. 349). May a private property already used as a private cemetery be expropriated for a public purpose? No. their size. c.85 2. 1992). the property must be devoted for public use. Every other warnings. shape. (BERKENKOTTER. b. vs.
4. 5.86 2. priest or minister chosen by him or by any one from his immediate family or by his counsel. 7. preferably of his own choice. radio. . He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer. 8. That whether or not the person arrested has a lawyer. letter or messenger--with his lawyer (either retained or appointed). he must be warned that the waiver is void even if he insist on his waiver and chooses to speak. 3. 6. any member of his immediate family. He must be informed that he has the right to waive any of said rights provided it is made voluntarily. he has the right to communicate or confer by the most expedient means---telephone. or any medical doctor. or may be appointed by the court upon petition of the person arrested or one acting in his behalf. he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. knowingly and intelligently and ensure that he understood the same. He must be warned that he has the right to remain silent and that any statement he makes may be used as evidence against him. one will be provided for him. . otherwise. The person arrested must be informed that. and that a lawyer may also be engaged by any person in his behalf. if the person arrested waives his right to a lawyer. or be visited by/confer with duly accredited national or international non-governmental organization. he must be informed that it must be done in writing AND in the presence of counsel. at any time. He must be informed that if he has no lawyer or cannot afford the services of a lawyer. IT SHALL BE THE RESPONSIBILITY OF THE OFFICER TO ENSURE THAT THIS IS ACCOMPLISHED. In addition.
regardless of whether he may have answered some questions or volunteered some information or statements. Rights of a person under custodial detention. to remain silent and to have competent and independent counsel preferably of his own choice.The moment a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained. 10. It shall be the duty of the free legal assistance unit of the IBP or the PAO’s thus contacted to immediately visit the person detained and provide him with legal assistance. If the person cannot afford the services of counsel of his or her choice. whether inculpatory or exculpatory. the police may not interrogate him if the same had not yet commenced. What are the rights of a person under “custodial detention” for one suspected or arrested as a terrorist under the Human Security Act? The rights are embodied under Section 21 thereof which states: Section 21. 74. 11. These .87 9. SHALL BE INADMISSIBLE IN EVIDENCE. the right to counsel or any of his rights does not bar him from invoking it at any other time during the process. obtained in violation of any of the foregoing. to be informed of the nature and cause of his arrest. he shall forthwith be informed by the arresting police or law enforcement officers to whose custody the person concerned is brought. or the interrogation has begun. as the case may be.He must be informed that any statement OR EVIDENCE.. in whole or in part. of his or her right: 1.The person arrested must be informed that his initial waiver of his right to remain silent. That the person arrested must be informed that he may indicate in any manner at any time or state of the process that he does not wish to be questioned with the warning that once he makes such indication. the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the IBP or the Public attorney’s office (PAO).
custodial investigation refers to the critical pre-trial stage when the investigation ceases to be a general inquiry into an unsolved crime but has began to focus on a particular person as a suspect (People vs. Succinctly stated. The claim that his affidavit is inadmissible in evidence in accordance with section 12  of the Bill of Rights is not tenable. therefore.88 2. informed of the cause or causes of his detention in the presence of his legal counsel. 3. 175 SCRA 216). the rights enumerated by the accused are not available BEFORE GOVERNMENT INVESTIGATORS ENTER THE PICTURE.. Judge Ayson. In fact. confession to a private individual (Kimpo vs. or even to a Mayor approached as a personal confidante and not in his official capacity (People vs.. Zuela. Ordono. rights cannot be waived except in writing and in the presence of the counsel of choice. allowed to communicate freely with his legal counsel and to confer with them at any time without restriction. et al. may attempt to legitimize coerced extrajudicial confessions and place them beyond the exclusionary rule by having an accused admit an offense on television (People vs. Clearly. Endino. with the connivance of unscrupulous media practitioners. he is under 75. 334 SCRA 673). 353 SCRA 307). CA. 426 SCRA 666). even a videotaped interview where the accused willingly admit his guilt in the presence of newsmen is not covered by the said provision though the trial courts were warned by the supreme Court to take extreme caution in admitting similar confessions because of the distinct possibility that the police. 232 SCRA 53). 4. JOSE TING LAN UY. The protective mantle of section 12. Duenas. article III does not apply to administrative investigations (People vs. verbal admission made to a radio announcer who was not a part of the investigation (People vs. JR. Jr. allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and be visited by them. . (THE PEOPLE OF THE PHILIPPINES VS. 5. 323 SCRA 589). and allowed freely to avail of the services of a physician or physicians of choice. Are the above rights available to a suspect if investigation by a private person? No. The “investigation” under said provision refers to “custodial investigation where a suspect has already been taken into police custody and that the investigating officers begin to ask questions to elicit information and confessions or admissions from the suspect.. 475 SCRA 248).
do not fall under custodial investigation. and (iv) in writing. 341 SCRA 600) 77.. as where appellant orally admitted killing the victim before the barangay captain (who is neither a police officer nor a law enforcement agent). when the police investigator starts interrogating or exacting confession from the suspect in connection with an alleged offense. NO. 135405. 1. there was custodial investigation when the police authorities. What are the requisites before an extrajudicial confession is admissible? To be admissible in evidence. 339 SCRA 515. an extrajudicial confession must be: (i) voluntary. A suspect’s confession. SEPT. 78. 346 SCRA 458. 117690. G. when taken without the assistance of counsel. NO. without a valid waiver of such .e.R. does not violate appellant’s constitutional rights AND THEREFORE ADMISSIBLE IN EVIDENCE. immediately asked them regarding their participation in the commission of the crime . Spontaneous statements voluntarily given. Such admission. even while they were still walking along the highway on their way to the police station. whether verbal or non-verbal. 2000. even without the assistance of a lawyer.R. When is custodial investigation deemed to have started so as to entitle the suspect to be informed of his rights under the “Mahinay Doctrine” or the “Expanded Miranda Doctrine”? Custodial investigation begins when it is no longer a general inquiry into an unsolved crime but starts to focus on a particular person as a suspect.89 76. ( PEOPLE VS. (ii) made with the assistance of competent and independent counsel. i. (PEOPLE VS. BARIQUIT. (iii) express. Are spontaneous admissions made before a person could be informed of his rights during custodial investigation admissible as evidence? Yes. DANO. upon their arrest of some of the accused. Thus. 2000). NOVEMBER 29. THE PLACE OF INTERROGATION IS NOT DETERMINATIVE OF THE EXISTENCE OR ABSENCE OF CUSTODIAL INVESTIGATION BUT THE TONE AND MANNER OF QUESTIONING BY THE POLICE AUTHORITIES . MAYORGA. PEOPLE VS. G.
G. an extrajudicial confession must be: (i) voluntary. 1. SEPT. 117690. December 12. 31. is inadmissible in evidence. JIMENEZ. 82604. even if appellant’s confession were gospel truth. NO.R. (PEOPLE VS. A lawyer who could just hear the investigation going on while working on another case hardly satisfies the minimum requirements of effective assistance of counsel. whether verbal or non-verbal. As held in PEOPLE VS. he was likewise denied effective assistance of counsel during the taking of his extra-judicial confession. SAMOLDE.R. 1991. DANO. In this case. 354 SCRA 413. the mere presence of a lawyer is not sufficient compliance with the constitutional requirement of assistance of counsel. the former judge whose assistance was requested by the police was evidently not of Marcos Jimenez' own choice. 336 SCRA 632. 339 SCRA 515.R. 2000).90 assistance. PEOPLE VS. NO. A suspect’s confession. 2000. JUL. G. 128551. (iii) express. it was held that the counsel must be present from the inception of the custodial investigation not at any time thereafter. 79. Also. (ii) made with the assistance of competent and independent counsel. 80. To be admissible in evidence. Assistance of counsel must be effective. even if appellant’s confession were gospel truth. No. G. Not only was the accused subjected to custodial investigation without counsel. vigilant and independent. when taken without the assistance of counsel. is inadmissible in evidence. without a valid waiver of such assistance. regardless of the absence of coercion or the fact that it had been voluntarily given. Is the presence of a lawyer to assist the suspect during custodial investigation sufficient to comply with the requirements of the Constitution? No. PATUNGAN. not one foisted on him by the police investigators or other parties. the lawyer who assists the suspect under custodial interrogation should be of the latter's own choice. and (iv) in writing. From what time must the counsel assist the suspect during custodial investigation? Who must choose such counsel? In PEOPLE V. she was the police officers' . regardless of the absence of coercion or the fact that it had been voluntarily given.
Art. Is the extrajudicial confession of a suspect obtained without the assistance of a lawyer. PEOPLE VS. The above requirements. the confession must be voluntary. it is inadmissible in evidence regardless of the absence of coercion or even if it was voluntarily given. These are: . This is not the mode of solicitation of legal assistance contemplated by the Constitution. 135 SCRA 465. 81. the confession must be made with the assistance of a competent and independent counsel. Section 12 of the Constitution.91 own choice. GALIT. his uncounselled confession is admissible in evidence. 82. ANDAN. March 3. c. BUT GIVEN IN AN ORDINARY MANNER WHEREBY THE ACCUSED ORALLY ADMITTED HAVING COMMITTED THE CRIME. Furthermore. 286 SCRA 207. 1997 when the accused made a voluntary and verbal confession to the Municipal Mayor that he committed the crime imputed to him. the former judge was not present when Marcos was being interrogated by the police. but speaks of gospel truth. the confession must be in writing. III. III of the Constitution? The two (2) kinds of involuntary or coerced confessions under Art. This was the decision of the Supreme Court in the case of PEOPLE VS. and PEOPLE VS. PANFILO CABILES. are not applicable when the suspect makes an spontaneous statement. 284 SCRA 199. and d. it was held that even if the confession of the accused speaks the truth. b. the following requisites must be present: a. In PEOPLE VS. this is far from being substantial compliance with the constitutional duty of police investigators during custodial interrogation. if it was made without the assistance of counsel. admissible in evidence? No. In order that a confession is admissible. What are the two (2) kinds of coerced or involuntary confessions under Section 12. While she asked him if he had voluntarily given the statements contained in the typewritten document. TAN. not elicited through questioning by the authorities. As such. however. the confession must be express. she did not ask Marcos if he was willing to have her represent him.
threat. 332 SCRA 190 83. confession which are the product of third degree methods such as torture. violence. PEOPLE VS. Usman Hassan. 294 SCRA 196 and PEOPLE VS. CA. Gamboa vs. those which are given without the benefit of Miranda Warnings.” 84. JANUARIO. 157 SCRA 261. Is the right to counsel satisfied if the suspect was assisted by the Station Commander of the Western Police District while he was being investigated by the policemen of the same station? How about if the investigation is being conducted by the NBI and the suspect was ordered assisted by a lawyer-applicant therein? There is no compliance of the constitutional requirement of competent and independent counsel to assist an accused during custodial investigation when the accused was assisted by the Station Commander of the WPD. 162 SCRA 642. while being investigated by other policemen of the same police station because the interest of the police is naturally adverse to the accused. then he is not under custodial investigation and therefore. In fact. DE LA TORRE VS. Judge Cruz. OBRERO. and b. there is no need for him to be assisted by a lawyer. OBRERO. force. De los Reyes.92 a. Is the right to counsel available to a suspect during a police line-up? The Supreme Court had conflicting decisions on this aspect but ended up with the rule that since the accused will not be made to make any testimony during the police line-up. What is the status of coerced confessions as evidence in court? Coerced or involuntary confessions are inadmissible as evidence being the “fruit of the poisoned tree. intimidation. 332 SCRA 190) 85. ( P vs. HATTON) 86. the SC in the case of PEOPLE VS. (PEOPLE VS. Is there a valid custodial investigation if the lawyer who assisted him during custodial investigation is a public attorney who was not chosen by the accused himself but given to him free of charge? Could the Fiscal also represent the accused during custodial investigation to satisfy the requirement of the Constitution that the accused is assisted by counsel? . 267 SCRA 608 held that a lawyer applying for a position in the NBI could not validly assist an accused being investigated then by the NBI. Atty.
(P. Matos-Viduaya. the Fiscal could not have protected the rights of the suspect. Pia. the Supreme Court enumerated the following as evidence of voluntariness in the extrajudicial confession of a suspect: Their physical examination reports certify that no external signs of physical injury or any form of trauma were noted during their examination. 43 Id. No. the same is admissible as evidence especially so that there is no evidence of compulsion. 229 Phil. vs. Pia. March 17. As held in the case of PEOPLE OF THE PHILIPPINES VS. Alegria. 86-b. vs. September 11. and (5) where they did not have themselves examined by a reputable physician to buttress their claim. September 28. 43  In People v. 178300. While under custodial investigation by Col. at 19. since the Fiscal is there for the private complainant. REYES. (2) where they failed to complain to the officers who administered the oaths. 1990) Also. March 17. we held that the following factors indicate voluntariness of an extra-judicial confession: (1) where the accused failed to present credible evidence of compulsion or duress or violence on their persons. (P. Was the confessions obtained during the custodial investigation admissible in evidence? Yes. the lawyers given to assist them tare the lawyers of PAOCTF. (3) where they did not institute any criminal or administrative action against their alleged intimidators for maltreatment. What are the evidence of voluntariness in the suspect’s extrajudicial confession making it admissible in evidence? May such confession be used against a co-accusd? Up to what extent? In People vs. No. G. 577 and PEOPLE VS. ET AL.R. Cesar Mancao. . The appellants were arrested by the PAOCTF for Kidnapping and Murder of two (2) minor children of a businessman from Bulacan. DOMINGO REYES.R.93 The counsel must be the choice of the accused or suspect. the Supreme Court held that since the evidence shows that the lawyers of PAOCTF assisted them from the start up to the end of their custodial investigation and that their rights were protected. even if they are known to each other. 2009. G. 178300. 1990) 86-a. 2009.. (4) where there appeared to be no marks of violence on their bodies.
It should also be noted that the extra-judicial confessions of appellants Arnaldo and Flores are replete with details on the manner in which the kidnapping was committed, thereby ruling out the possibility that these were involuntarily made. Their extra-judicial confessions clearly state how appellants and their cohorts planned the kidnapping as well as the sequence of events before, during and after its occurrence. The voluntariness of a confession may be inferred from its language if, upon its face, the confession exhibits no suspicious circumstances tending to cast doubt upon its integrity, it being replete with details which could only be supplied by the accused. With respect to appellant Reyes’s claim that the extra-judicial confessions of appellants Arnaldo and Flores cannot be used in evidence against him, we have ruled that although an extra-judicial confession is admissible only against the confessant, jurisprudence makes it admissible as corroborative evidence of other facts that tend to establish the guilt of his coaccused.44 In People v. Alvarez,45 we ruled that where the confession is used as circumstantial evidence to show the probability of participation by the co-conspirator, that confession is receivable as evidence against a coaccused. In People v. Encipido46 we elucidated as follows: 87. If the extrajudicial admission or confession of the accused is declared inadmissible as evidence, must the accused be acquitted as a matter of right? No. In PEOPLE VS. ROLANDO FELIXMINIA y CAMACHO, GR No. 125333, March 20, 2002, the Supreme Court held that though the extrajudicial confession of the accused was declared inadmissible for violation of his right to counsel, if there are evidence sufficient to prove his guilt beyond reasonable doubt, like circumstantial evidence, then he can still be convicted of the crime charged. This is so because  the compromising circumstances were duly proven which were consistent with each other and which lead with moral certainty to the conclusion that he was guilty of the crime charged; and  the totality of such circumstances eliminated beyond doubt the possibility of his innocence. In People vs. Mahinay, it was held that conviction may be had on circumstantial evidence provided the following requisites are present: [a] there is more than one circumstance; [b] the facts from which the inferences are derived are proven; and [c] the combination of all circumstances is such as to produce a conviction beyond reasonable doubt.
44 45 46
Santos v. Sandiganbayan, 400 Phil. 1175, 1206 (2000). G.R. No. 88451, 5 September 1991, 201 SCRA 364, 377. 230 Phil. 560, 574 (1986).
88. May a convicted person be released from jail through recognizance? No. In ATTY. JULIANA ADALIM-WHITE VS. JUDGE ARNULFO BUGTAS, RTC 2 BORONGAN, SAMAR, 475 SCRA 175, it was held that respondent Judge is guilty of gross ignorance of the law for ordering the release of Bagaporo pending the approval of his application for parole and before the completion of the minimum period of the sentence imposed upon him. It is patently erroneous to release a convict on recognizance. Section 24, Rule 114 provides that there shall no bail for a convict after final judgment. The only exception is when the convict applies for Probation before he commences to serve his sentence and that the offense and the penalty for the offense is within the purview of the Probation Law. Sections 5 and 16 of Rule 114 of the Rules of Court (on the different kinds of bail) APPLIES ONLY TO AN ACCUSED UNDERGOING PREVENTIVE IMPRISONMENT DURING TRIAL OR ON APPEAL. THEY DO NOT APPLY TO A PERSON CONVICTED BY FINAL JUDGMENT AND ALREADY SERVING SENTENCE. 89. May a judge require “cash bond” only? No. The Rules provides for four (4) ways of posting bond and it is grave abuse of discretion on the part of the judge to require cash bond only. (Almeda vs. Villaluz, 66 SCRA 38). 90. May an accused charged of a capital offense and the evidence of guilt is strong be granted bail? Yes. The purpose of the bond is to assure the court of the presence of the accused during the trial of his case. If the probability of “flight” is nil, then the accused may be allowed to post bail. (BELTRAN VS. THE SECRETARY OF JUSTICE, April, 2007) 91. May a person subject of extradition from another country and where the cases against him in said country are bailable, be allowed to post bail pending the extradition hearings? No. As held in UNITED STATES VS. JUDGE PURUGGANAN & MARK JIMENEZ, 389 SCRA 623 through former
Chief justice Panganiban, the Supreme Court held that a person facing extradition proceedings is not entitled to bail even if the crime he was charged of in a foreign country is bailable. This is so because the constitutional provision on the right to bail under Art. III of the 1987 Constitution applies only to criminal cases, not in extradition proceedings. (EDUARDO RODRIGUEZ VS. THE PRESIDING JUDGE, RTC 17, MANILA, 483 SCRA 290). This is so because of the possibility of flight. BUT IN THE CASE OF GOVERNMENT OF HONGKONG VS. OLALIA, 521 SCRA 470, it was held that the potential extradite may be granted bail if he can prove by clear and convincing evidence that he is not a flight risk and will abide with all the orders and processes of the extradition court. “Clear and convincing evidence” is an evidence with a standard lower than proof beyond reasonable doubt but more than preponderance of evidence. 92. In extradition cases, is the respondent therein entitled to notice and hearing before the issuance of a warrant of arrest against him? No. In SECRETARY OF JUSTICE VS. JUDGE LANTION, 322 SCRA 160 (The Mark Jimenez Case) , the Supreme Court on a 9-6 vote held that the extraditee is entitled to notice and hearing when a request for extradition by another country is still being evaluated. However, on Motion for Reconsideration in the same case, in a 9-6 decision, the Supreme Court held that the prospective extraditee is not entitled to notice and hearing while his case is still under evaluation because this would defeat the purpose of the arrest warrant since it could give warning that respondents would be arrested and even encourage them to flee but entitled to notice and hearing if the case is already filed in court. However, if bail was granted to an extradite, the same may not be cancelled without notice and hearing. Otherwise, his right to due process will be violated. (EDUARDO RODRIGUEZ VS. THE PRESIDING JUDGE, RTC 17, MANILA, 483 SCRA 290) 93. What is the “EQUIPOISE RULE”? If the evidence in a criminal case is evenly balanced, the constitutional presumption of innocence tilts the scale of justice in favor of the accused and he should be acquitted from the crime charged. Where the inculpatory facts and circumstances are capable of two or more interpretations one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction because of the accused’s constitutional
(PEOPLE VS. JR. such would violate the right of the accused to presumption of innocence. What is the extent of the obligation of a counsel de oficio for an accused in a criminal case? While an accused may be given a counsel de oficio which is not a lawyer of his own choice because he could not afford the services of a de parte lawyer. May the court reverse the order of trial in a criminal case? No.. especially that of a defense counsel. Manolo Brotonel of the PAO cannot go unnoticed. NADERA. when the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. Hence. only the faithful performance by counsel of his duty towards his client can give meaning and substance to the accused’s right to due process and to be presumed innocent until proven otherwise. and [c] his failure not only to present evidence for the accused but to inform the accused of his right to do so. 96 SCRA 322) However.97 presumption of innocence. To be required to present his evidence first would be making him prove his innocence and not the State proving his guilt. If the accused has the right to be present during the trial of his case. 3e). Pepito. if he desires. July 10. he must . if the accused does not object to such a procedure. DE LOS SANTOS. then a reverse order of trial is allowed by the Rules. Thus: "However.l986) In fact it should be noted that under the newly adopted 1985 Rules of Criminal Procedure (Sec. The cavalier attitude of Atty. During arraignment. It is discernible in [a] his refusal to cross-examine Oleby Nadera (the complainant for RAPE). It must be performed with all the zeal and vigor at his command to protect and safeguard the accused’s fundamental rights. Rule 119)the said procedure is now expressly sanctioned. must not be taken lightly." 95. [b] the manner in which he conducted Maricris Nadera’s cross-examination. Sandiganbayan. 355 SCRA 415) 94. (Sacay vs. 324 SCRA 490) 96. promulgation of the decision and when he is to be identified by the witnesses for the prosecution. the order of trial may be modified accordingly. a lawyer’s duty. (PEOPLE VS. (Alejandro vs. can he also refuse to appear during the hearings of his case? No.
289 SCRA 721. 98. (Aquino vs. unreasonable delays like failure to decide a complaint against the respondent for more than three (3) years from the time all the pleadings were filed violates the respondent’s right to a speedy disposition of his case and the case must be dismissed. May the right to speedy disposition of cases be invoked for the dismissal of cases pending before quasi-judicial bodies like the Office of the Ombudsman? Yes. During the 8-year period prior to April 19. Judge. ANGCHANGCO VS. SANDIGANBAYAN. P vs. May 20.98 be present. However. petitioner did not complain about the long delay in deciding his case. When may “speedy trial” be raised by the accused to cause the dismissal of his case? What kind of delays must occur before the same could be invoked? In JAIME BERNAT VS. Assertion or failure to assert such right by the accused. (DUTERTE VS. . The determination of whether the delays are of said nature is relative and cannot be based on mere mathematical reckoning of time. Particular regard to the facts and circumstances of the case. OMBUDSMAN. SANDIGANBAYAN. he can validly waive his presence after arraignment when he state in open court or in an affidavit that whenever a witness mentions his name during the presentation of the prosecution’s evidence. Reasons for the delay. There is no violation of the right to speedy disposition of his case because petitioner failed to assert his constitutional right to a speedy disposition of his case. 125 SCRA 269) 97. Military Commission. As held in the case of DE LA PENA VS. and Prejudiced caused by the delay. as follows: Length of the delay. SANDIGANBAYAN. 2002. capricious and oppressive delays. 269 SCRA 301) The determination of whether an accused had been denied the right to speedy trial depends on the surrounding circumstances of each case. 2004. he admits that he is the one being referred to. it was held that the right to speedy trial is violated only if the proceedings were attended by vexatious. certain factors shall be considered and balanced to determine if there is delay. 63 SCRA 546.
GEN. and 3.R. 140863. AUG. HOW. assertion or failure to assert such rights by the accused and the prejudice caused by the delay. BLANCO VS. COURT MARTIAL. P vs. CA. 140188. 150 SCRA 653) 100. The factors to consider in determining whether or not such right has been violated: 1. 136757 – 58. 2. 27. NOS. As such. 346 SCRA 108. he could be convicted of Murder. (SUMBANG VS. The authority of the Secretary of Justice to review resolutions of his subordinates even after an information has already been filed in court does not present an irreconcilable conflict with the 30-day period prescribed in Sec. reasons for such delay. 99.R. SANDIGANBAYAN. May an accused in a “Homicide” case be convicted of “Murder” without violating his right to be informed of the nature and cause of accusation against him? Yes. 2000. length of delay. G. (Sales vs. such delay did not amount to violation of petitioner’s right to speedy trial considering that such delay was not attributable to the prosecution. the entire proceedings is null and void and another trial be conducted in the presence of a sign language expert to inform the accused of the proceedings.99 Although it took about 8 years before the trial of this case was resumed. 2000). 22.R. AUG. 2000. G. INC. Crisologo. NOV. G. 7 of the Speedy Trial Act of 1998. HON. NO. This . 164 SCRA 717. (ii) Speedy Trial Act of 1998. Was the failure of the court to have a sign language expert to inform the accused who is a deaf-mute of the contents of the criminal information fatal to the validity of the proceedings which resulted in the conviction of the said accused? Yes because the accused was denied of the right to be informed of the nature and cause of the accusation against him. Even if the Information was captioned “For: Homicide” only but the body of the Information alleges “treachery” or “evident premeditation” and the same was read to the accused. NO. 338 SCRA 51. 337 SCRA 227. 3. SOLAR TEAM ENTERTAINMENT.
Fajardo vs. only the portion of his direct testimony where he was cross-examined shall be admissible as evidence. (P vs. • The accused was notified of the hearing. Lufthansa. 154 SCRA 610. JR. vs. his right to subpoena witnesses and the production of evidence will not be violated since the hospital could produce said records and another physician could testify on the contents thereof. (Ortigas. Such witness is beyond the jurisdiction of the Philippine Courts. 64 SCRA 610) If the witness was partially examined. (Cavili vs. 159 SCRA 426) 101. Garcia. 103.100 is so because it is the body of the Information that is binding. and • The accused’s absence [during the trial] is unjustifiable. the accused was duly informed of the nature and cause of accusation against him. 99 SCRA 92) 102. It likewise violated the right of confrontation on the part of the accused.( P vs. Hon. What are the requisites of a valid trial in absentia? May an accused who jumped bail after arraignment be validly convicted by the trial court? The requisites of a valid trial in absentia are the following: • The accused was duly arraigned. 98 SCRA 514) 104. Seneris. May an accused compel the trial court to issue subpoena to a Physician who is already working in the United States to testify on his treatment of the accused? Would the failure of said witness to appear and testify for the accused violates his right to subpoena witnesses and the production of evidence in his favor? No. Florendo. What is the effect of the testimony of a witness who did not return to court for his cross examination? How about if there is only partial cross-examination? A witness who did not return to court for his cross-examination would render his entire testimony inadmissible for being hearsay. not the caption thereof and therefore. Further. May the accused be presented by the prosecution as the latter’s witness? . Resavaga.
Such would violate the right of the accused against selfincrimination and if such happened. AUG.02. PEOPLE VS. CA. 108. (Chavez vs. Does the right against self-incrimination applicable to civil and administrative cases also? Yes but unlike in criminal cases where the accused could not be presented by the prosecution and his right not to take the witness stand is absolute. 41 Phil. 25. How about forcing a person to give a sample of his handwriting?. it was her obligation to transcribe the same. 100801. 24 SCRA 663) 105. This is so because the testimony was taken while she was still in the government and as such.” As such. G. the right against self-incrimination will be violated by said act. 145) or under the influence of prohibited drugs (PEOPLE VS. 64 SCRA 131) . pants or shirt does not fall under the above proscription. to what kind of evidence does the right against selfincrimination applies? Generally. (Beltran vs. having received her salary for the day when the testimony was taken. Though the same does not require testimonial compulsion. Likewise forcing one to try a pair of shoes. CONTINENTE. 106. 339 SCRA 1. 570) 107. This is so because it involves the use of the intelligence of the person. 62). 2000. 2000) does not violate the person’s right against self-incrimination. 23 Phil.R. May a court stenographer who had resigned from the government be compelled to transcribe her notes under pain of contempt without violating her right against involuntary servitude? Yes. Gatmaitan. 25. G. BANIHIT. NOS. Tang Teng. (Aclaracion vs. NO.101 No. it applies only to “testimonial compulsion. 50 Phil. an adverse party in a civil or administrative cases may be presented by the other party but could refuse to answer only if the question propounded calls for an incriminatory answer. Summers. Samson. whether a person is suffering from sexually transmitted disease (US vs.R. 132045. Generally. AUG. the proceedings shall be null and void. 339 SCRA 86. forcing a person to give a sample of his urine to determine whether a woman is pregnant (Villaflor vs.
Is death as a penalty a cruel or unuasual punishment? No. 1988 it held in People vs. 110.  filed in a court of competent jurisdiction. Munoz.102 109. Masangkay. this rule admits of two (2) exceptions: . As a general rule. What are the requisites before an accused may validly invoke double jeopardy? There is double jeopardy when there is:  valid complaint of information. and  the accused was convicted or acquitted. P vs. 170 SCRA 107 that it was merely suspended. 111. If the dismissal was with the express consent of the accused. P vs. 647). there is no double jeopardy. However. 156 SCRA 242.  the accused was validly arraigned. the Supreme Court held in ECHEGARAY VS. if the dismissal is through the instance of the accused or with his express consent. Estoista. September 26. Atencio. In fact. (P vs. SECRETARY OF JUSTICE that death through Lethal Injection is the most humane way of implementing the death penalty. ALMARIO. or the case was dismissed or otherwise terminated without the express consent of the accused. Intino. may the dismissal result in double jeopardy? Yes in two (2) instances. Gavarra. 93 Phil. Is the Death Penalty already abolished by the Constitution? 1987 While the Supreme Court answered the same in the affirmative in the cases of P vs. 155 SCRa 327. It is only when the punishment is shocking to the conscience of the community and disproportionate to the offense charged that the penalty becomes cruel and unusual. 155 SCRA 113. 355 SCRA 1) 112. P vs. (PEOPLE VS.
If an act is punished by law and an ordinance. (PEOPLE VS. the government can no longer charge the accused of the same crime under the Revised Penal Code since double jeopardy has set in. The accused pleaded double jeopardy. Is he correct? Yes. The accused was charged of grave coercion before the MTC and was duly arraigned. 113. that in PEOPLE VS. The accused was charged of theft of electricity based on the City Ordinance of Batangas City. As such. acquittal or conviction in one shall bar prosecution from the other. (PEOPLE VS. LEVISTE. ALMARIO. After arraignment.” It is only when there is a clear violation of the accused’s right to speedy trial that the dismissal results in double jeopardy. and 2) the motion to dismiss is based on the denial of the accused’s right to speedy trial. the case was dismissed because it was found out that the same has prescribed because it was filed after more than 60 days. 255 SCRA 238 . Another information for the same offense was filed with the RTC which was likewise dismissed because of lack of jurisdiction. 355 SCRA 1) -double jeopardy has set in. TAMPAL. In these two (2) instances. The Judge dismissed it without any motion form the accused because the case is allegedly outside the MTC’s jurisdiction. the correct description of what happened is that the accused was “acquitted” and not “the case was dismissed with his consent”. 148 SCRA 292) 114. It must be pointed out. 244 SCRA 202 and PEOPLE VS. the Fiscal filed a 3rd information for grave coercion before the MTC. The Fiscal filed another information based on the Revised Penal Code. RELOVA. however. Has double jeopardy set in? Yes. the SC reversed the dismissal of the criminal case by the trial court based on “speedy trial” since the same was not predicated “on the clear right of the accused to speedy trial. Since the accused was already arraigned in the 1 st information before the MTC which has jurisdiction over the same and the case was .103 1) the motion to dismiss is based on insufficiency of evidence or Demurrer to Evidence. If the accused was charged of “theft of electricity” based on the City Ordinance of Batangas and not based on the Revised Penal Code and later on the case is dismissed by the judge due to the fact that the crime has prescribed.
In the case of P vs. As mandated by the . 127444. appeal would put the accused in double jeopardy. he was acquitted. it was insufficient to overturn the evidence of guilt as proven by the prosecution. VELASCO. 116. So even if the court obviously erred in the appreciation of the evidence resulting in a decision of acquittal instead of conviction. After the presentation of the alleged “newly-discovered evidence”. Court. it was not sufficient to overturn the evidence of guilt as shown by the prosecution’s evidence. (PEOPLE VS. 340 SCRA 207. May the accused validly invoke double jeopardy if the Prosecutor moves for the reinstatement of the case for him to present the evidence of the prosecution? No because one of the requisites of double jeopardy is missing. 108 SCRA 121.R. The accused was arraigned of homicide and entered a plea of guilty but prayed that he be given the chance to prove incomplete selfdefense which the court granted. then double jeopardy has set in. There was no valid arraignment. May the prosecution appeal the acquittal since the evidence presented was not really a newly-discovered evidence but a forgotten one and that even assuming that the same is a newly-discovered evidence. the accused was acquitted. HON. the court acquitted him because what was allegedly proven by him was complete self-defense. The accused was convicted of frustrated murder. This is so because his plea was one of guilty and yet. double jeopardy has set in and the government could no longer appeal the decision. Within 15 days from promulgation. though the decision was erroneous. the Supreme Court held that indeed. However. 2000). May the government appeal a judgment of acquittal or for the increase of the penalty imposed? No since double jeopardy has set in. 113 SCRA 217) 117. After presenting his evidence to prove “incomplete self-defense”. In this case. Mun. NO. SEPT. he filed a Motion for New Trial based on a “newly-discovered evidence” which was granted by the court. 13. (Mazo vs. 115. the evidence presented was not “newly-discovered evidence” and that assuming it to be so. he has to be re-arraigned for him to enter a plea of “not guilty” in order that he could be validly acquitted.104 subsequently dismissed without his express consent. Judge Hernando. G.
Villasis. Tarok. if the accused was the one who appealed the decision of the CFI convicting him of homicide (though he was charged of murder). What is the "Supervening Fact Doctrine. 46 O.G. the same will be subject to a complete reexamination of the evidence on record.. ROMEO ACOP & FRANCISCO ZUBIA. an acquittal is final and unappealable on the ground of double jeopardy. THE EXECUTIVE SECRETARY. (Section 7. Buling." It simply provides that an accused’s conviction shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information when the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge or that the facts constituting the graver charge became known only or were discovered after a plea was entered in the former complaint or information. P vs. RA 8249 is not a penal law. the appellate court may convict him of murder if the evidence warrants and that the lower court mis-appreciated the evidence. 268. Ex post facto law prohibits the retrospectivity of penal laws. 766. This is so because if the accused appeals the decision. However. ET AL. When may the “ex-post facto law” rule be invoked? Only if the law sought to be applied is a “criminal law or penal”. 73 Phil.. (PANFILO M. 712. 260. 85 Phil. Rule 117. Otherwise. 128096. People. 1999) 120. and P vs. the same must be one— . P vs. P vs. G.105 Constitution.R. whether it happens at the trial court of a judgment of acquittal brought before the Supreme Court on certiorari cannot be had unless there is a finding of mistrial. City Court of Manila. 121 SCRA 637 119. P vs. 107 Phil. vs. It is a substantive law on jurisdiction which is not penal in character. Adil. Tac-an. No. January 20. What are the different forms of ex-post facto law? In order that a law is an ex post facto law. LACSON VS. 118. 2000 Rules of Criminal Procedure. Melo vs. 76 SCRA 462. statutes and cognate jurisprudence. as in Galman vs. 182 SCRA 601. the same may not be invoked as when the questioned law involves the jurisdiction of the Sandiganbayan which is not a penal law. JR. Sandiganbayan. P. THE SANDIGANBAYAN.
b. every law which. deprives a person accused of a crime of some lawful protection to which he has become entitled. in relation to the offense or its consequences. PEOPLE VS. such as the protection of a former conviction or acquittal. 190 SCRA 686. ******************************************* . or a proclamation of amnesty (KAY VILLEGAS KAMI. c. BARRIOS. 211 SCRA 241). alters the situation of a person to his disadvantage. MEJIA VS. 160 SCRA 457. g. 35 SCRA 429. TAN VS. that which assumes to regulate civil rights and remedies but in effect imposes a penalty or deprivation of a right which when done was lawful. e. which aggravates a crime or makes it greater than when it was committed.106 a. d. and punishes such action. PAMARAN. which alters the legal rules of evidence and receives less or different testimony than the law required a the time of the commission of the offense in order to convict the defendant. SANDIGANBAYAN. f. which changes the punishment and inflicts a greater punishment than the law annexed to the crime when it was committed. which makes an act done criminal before the passing of the law and which was innocent when committed.
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