Professional Documents
Culture Documents
IN POLITICAL LAW
(Prepared by Judge ESTELA ALMA A. SINGCO)
ARTICLE I
NATIONAL TERRITORY
- Archipelago as defined by Article 46 of UNCLOS:
A group of islands, including parts of the islands,
interconnecting waters and other natural features which are
closely interrelated that such islands, waters, and other
natural resources form an intensive geographical, economic,
political entity or to have historically regarded as an
archipelago.
- Archipelagic State- means a State constituted wholly by
one or more archipelagos and may include other islands.
- Archipelagic Baselines- basis: UNCLOS: how to treat
Kalayaan Group of Islands (KIG) and Scarborough
shaol: whether to include or to exclude them from the
baselines; and/or consider as part of the regime of
islands.
- Kalayaan Islands- part of Region IV-B, Province of
Palawan but under the custody of DND. Found some 380
miles west of the southern end of Palawan.
- Scarborough shaol also known as scarborough reef,
panatag shoal and Huangyan Dao. Found in the South China
Sea, part of the province of Zambales. A shaol is a traingle
shaped chain of reefs and islands (but mostly rocks. 55
kilometers around with an area of 150 square kilometer. Its
123 miles west of Subic Bay. Basis: terra nullius; 200 EEZ
- Spratly Archipelago- international reference to the entire
archipelago wherein the Kalayaan chain of islands is located.
The Philippines essentially claims only the western section
of Spratlys, which is nearest to Palawan.
- RA 9552- redrew the countrys baseline to comply with the
UNCLOS requirements for archipelagic state, in the process
excluding the disputed Kalayaan Island Group and the
Scarborough from the main archipelago and classifying them
instead as regimes of islands. They excluded from the
baselines. The national territory constitutes a roughly
triangular delineation which excludes large areas of waters
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE
POLICIES
- Republicanism
- Separation of Powers
- Principles of Blending of Powers and Checks & Balances
- under the principle of separation of powers, courts cannot
interfere with the exercise by the legislature of its authority to
conduct investigations in aid of legislation (Senate Blue
Ribbon vs Majaducon, GR # 136760, July 29, 2003;
Executive privilege -Neri vs. Senate Committee, GR. No.
180643, Mach 25, 2008)
-
ARTICLE IV
CITIZENSHIP
- Valles vs. COMELEC, 337 SCRA 543- Having a Filipino
father at the time of birth makes one a Filipino. Having an
Australian passport and an alien certificate of registration
does not constitute an effective renunciation of citizenship
and does not militate against the claim of Filipino citizenship.
- Co vs. HRET, 199 SCRA 692- An attack on a persons
citizenship may be done through a direct action for its nullity.
- Re: Vicente Ching, 316 SCRA 1- There are two conditions
in order that the election of Philippine citizenship is
effective:
1. the mother of the person making the
election must be citizen of the
Philippines; and
2. said election must be made upon
reaching the age of majority.
- Bengson vs. HRET, May 7, 2001- Repatriation may be had
under various statutes by those who lost their citizenship
due to: 1) desertion of the AFP; 2) served in the armed forces
of the allied forces in WWII; 3) service in the AF of the US at
any other time; 4) marriage of a Filipino woman to an alien;
5) political and economic necessity.
- R.A. No. 8171, which has lapsed into law on 23 October 1995, is
an act providing for the repatriation (a) of Filipino women who
have lost their Philippine citizenship by marriage to aliens and (b)
of natural-born Filipinos who have lost their Philippine
8
- Corodora v. COMELEC, GR No. 176947, February 19, 2009The Supreme Court recently ruled that a natural-born Filipino, who
also possesses American citizenship having been born of an
American father and a Filipino mother, is exempt from the twin
requirements of swearing to an Oath of Allegiance and executing a
Renunciation of Foreign Citizenship under the Citizenship
Retention and Reacquisition Act (RA 9225) before running for
public office. The Supreme Court En Banc held that that it has
applied the twin requirements to cases which involve naturalborn Filipinos who later became naturalized citizens of another
country and thereafter ran for elective office in the Philippines. In
the present case, [private respondent Gustavo S.] Tambunting, a
natural-born Filipino, did not subsequently become a naturalized
citizen of another country. Hence, the twin requirements in RA No.
9225 do not apply to him.
- LOPEZ VS. COMELEC, G.R. No. 182701, July 23, 2008
Valles and Mercado Doctrines do not apply is one reacquires his
citizenship under RA 9225 and runs for public office. To comply
with the provisions of Section 5 (2) of RA 9225, it is necessary that
the candidate for public office must state in clear and unequivocal
terms that he is renouncing all foreign citizenship.
- Jacot vs. COMELEC, G. R. No. 179848, November 27, 2008
Mercado case was decided under Section 40 of LGC re dual
allegiance, and that time RA 9225 was not yet enacted.
- Manuel B. Japzon vs. COMELEC, GR No. 180088, January
19, 2009- It bears to point out that Republic Act No. 9225 governs
the manner in which a natural-born Filipino may reacquire or
retain his Philippine citizenship despite acquiring a foreign
citizenship, and provides for his rights and liabilities under such
circumstances. A close scrutiny of said statute would reveal that it
does not at all touch on the matter of residence of the natural-born
Filipino taking advantage of its provisions. Republic Act No. 9225
imposes no residency requirement for the reacquisition or retention
of Philippine citizenship; nor does it mention any effect of such
reacquisition or retention of Philippine citizenship on the current
residence of the concerned natural-born Filipino.
Clearly,
Republic Act No. 9225 treats citizenship independently of
11
- Tecson vs. COMELEC, 424 SCRA 148; Velez vs. Poe and
Fornier vs. COMELEC, March 3, 2004- Under the Philippine
Bill of 1902, a citizen of the Philippines was one who was an
inhabitant of the Philippines, and a Spanish subject on the 11th day
of April 1899. The term inhabitant was taken to include 1) a
native-born inhabitant, 2) an inhabitant who was a native of
Peninsular Spain, and 3) an inhabitant who obtained Spanish
papers on or before 11 April 1899. Whether or not respondent
FPJ is a natural-born citizen, which, in turn, depended on whether
or not the father of respondent, Allan F. Poe, would have himself
been a Filipino citizen and, in the affirmative, whether or not the
alleged illegitimacy of respondent prevents him from taking after
the Filipino citizenship of his putative father. Any conclusion on
the Filipino citizenship of Lorenzo Pou could only be drawn from
the presumption that having died in 1954 at 84 years old, Lorenzo
would have been born sometime in the year 1870, when the
Philippines was under Spanish rule, and that San Carlos,
Pangasinan, his place of residence upon his death in 1954, in the
absence of any other evidence, could have well been his place of
residence before death, such that Lorenzo Pou would have
1
ARTICLE V
(SUFFRAGE)
- READ: RA 9225 and RA 9189 (Absentee Voting)
- AKBAYAN-Youth vs. COMELEC, March 26, 2001- where it is
both impractical and illegal to conduct a two-day special
registration for new voters, the COMELEC cannot be compelled to
do so.
- The right of suffrage is not absolute. The exercise of the right is
subject to existing substantive and procedural requirements
embodied in our Constitution, statute books and other repositories
of law.
- The right of citizen to vote is necessarily conditioned upon
certain procedural requirements he must undergo, among others
the process of registration under RA 8189 (Voters Registration Act
of 1996).
- Makalintal vs. COMELEC, July 10, 2003- The interpretation of
residence is synonymous to domicile. An absentee remains
attached to his residence in the Philippines, as residence is
considered synonymous with domicile. Domicile means an
individuals permanent home or a place to which, whenever absent
for business or for pleasure, one intends to return, and depends on
facts and circumstances in the sense that they disclose intent.
- Absentee voting under Section 2 of RA 9189 is an exception
to the six-month/one-year residency requirement.
- Lewis vs. COMELEC, August 4, 2006- There is no provision in
the dual citizenship law - R.A. 9225 - requiring "duals" to
1
ARTICLE VI
(LEGISLATIVE DEPARTMENT)
- Pimentel III vs. COMELEC, G. R. No. 178413, March 13,
2008- in elections for President, V-President, Senators and
Members of the House of Representatives, the general rule
still is that pre-proclamation cases on matters relating to the
preparation, transmission, receipt, custody and appreciation of
election returns or certificates of canvass are prohibited. As
with other general rules, there are recognized exceptions to he
prohibition namely: (1) correction of manifest errors; (2)
questions affecting the composition of proceeding of the
board of canvassers; and (3) determination of the authenticity
and the due execution of certificates of canvass as provided in
Section 30 of RA 7166, as amended by RA No. 9369.
- Non delegation of legislative power
- Gerochi vs. DOE, GR. No. 159796, July 17, 2007 - Under
the first test, the law must be complete in all its terms and
conditions when it leaves the legislature such that when it
reaches the delegate, the only thing he will have to do is to
enforce it. The second test mandates adequate guidelines or
limitations in the law to determine the boundaries of the
delegate's authority and prevent the delegation from running
riot. The Court finds that the EPIRA, read and appreciated in
its entirety, in relation to Sec. 34 thereof, is complete in all its
essential terms and conditions, and that it contains sufficient
standards. xxx In the past, accepted as sufficient standards the
following: "interest of law and order;" "adequate and efficient
instruction;" "public interest;" "justice and equity;" "public
convenience and welfare;" "simplicity, economy and
efficiency;" "standardization and regulation of medical
education;" and "fair and equitable employment practices."
1
the first party, Bayan Muna, garnered the highest number of votes,
that is, a total of 1,203,305 votes. Petitioner CIBAC, on the other
hand, received a total of 495,190 votes. It was proclaimed that the
first party, Bayan Muna, was entitled to a maximum of three (3)
seats19 based on June 2, 2004 Resolution No. NBC 04-004 of the
COMELEC. A computation using the Veterans formula would
therefore lead us to the following result:
No. of votes of
concerned party
No. of votes of the first
party
No. of
additional
x seats allocated =
to
the first party
0.82304986
Rank
Party
(B)
Votes
Addition
Applyin
Guarantee
plus
Garnere
al
g the
d Seat
(C), in
d over
Seats
three
whole
Total
seat
integer
Votes
cap
s
Votes
for Party
Garnered List, in
%
(First
(Second
Round)
Round)
(A)
(B)
(C)
(E)
(D)
BUHAY
1,169,234
7.33%
2.79
N.A.
BAYAN
MUNA
979,039
6.14%
2.33
N.A.
CIBAC
755,686
4.74%
1.80
N.A.
GABRIELA
621,171
3.89%
1.48
N.A.
APEC
619,657
3.88%
1.48
N.A.
A Teacher
490,379
3.07%
1.17
N.A.
AKBAYAN
466,112
2.92%
1.11
N.A.
ALAGAD
423,149
2.65%
1.01
N.A.
1[31]
COOPNATCCO
409,883
2.57%
N.A.
10
BUTIL
409,160
2.57%
N.A.
11
BATAS
385,810
2.42%
N.A.
12
ARC
374,288
2.35%
N.A.
13
ANAKPAWIS
370,261
2.32%
N.A.
14
ABONO
339,990
2.13%
N.A.
15
AMIN
338,185
2.12%
N.A.
16
AGAP
328,724
2.06%
N.A.
17
AN WARAY
321,503
2.02%
N.A.
18
YACAP
310,889
1.95%
N.A.
19
FPJPM
300,923
1.89%
N.A.
20
UNI-MAD
245,382
1.54%
N.A.
21
ABS
235,086
1.47%
N.A.
22
KAKUSA
228,999
1.44%
N.A.
23
KABATAAN
228,637
1.43%
N.A.
24
ABA-AKO
218,818
1.37%
N.A.
25
ALIF
217,822
1.37%
N.A.
26
SENIOR
CITIZENS
213,058
1.34%
N.A.
27
AT
197,872
1.24%
N.A.
28
VFP
196,266
1.23%
N.A.
29
ANAD
188,521
1.18%
N.A.
30
BANAT
177,028
1.11%
N.A.
31
ANG
KASANGGA
170,531
1.07%
N.A.
32
BANTAY
169,801
1.06%
N.A.
33
ABAKADA
166,747
1.05%
N.A.
34
1-UTAK
164,980
1.03%
N.A.
35
TUCP
162,647
1.02%
N.A.
36
COCOFED
155,920
0.98%
N.A.
Total
17
55
ARTICLE VII
(PRESIDENT)
- PRESIDENTIAL IMMUNITY- The immunity enjoyed by a
sitting president evolved through case law.
Soliven vs. Makasiar- The privilege pertains to the President
by virtue of the office. There is nothing in our laws that
would prevent the President from waiving the privilege. The
choice of whether to exercise the privilege or to waive it is
solely the Presidents prerogative.
Estrada vs. Desierto- There is no basis in the contention that
the immunity of the President extends to the end of the term
to which he was elected notwithstanding his resignation. It is
clear that the immunity of the President from suit is
concurrent only with his tenure (representing the period
during which the incumbent actually holds office) and not his
term (the time during which the officer may claim to hold
office as a matter of right).
Romualdez vs. Sandiganbayan, 435 SCRA 371- Executive
immunity applied only during the incumbency of a President.
David, et al. vs. Ermita, et al., April 20, 2006 It is not
proper to implead President Arroyo as respondent. Settled is
the doctrine that the President, during his tenure of office or
actual incumbency, may not be sued in any civil or criminal
case, and there is no need to provide for it in the Constitution
or law.
- SUPREME COURT AS PRESIDENTIAL ELECTORAL
TRIBUNAL- Lopez vs. Roxas, 17 SCRA 755- When the
law grants the Supreme Court the power to resolve an election
contest between or among presidential candidates, no new or
separate court is created. The law merely conferred upon the
Supreme Court the functions of a Presidential Electoral
Tribunal.
- Pursuant to this rule, only two persons, the 2nd and 3rd placers,
may contest the election. By this express enumeration, the
rule makers have in effect determined the real parties in
interest concerning an on-going election contest. It envisioned
a scenario where, if the declared winner had not been truly
voted upon by the electorate, the candidate who received that
- VACANCY IN THE OFFICE OF THE PRESIDENTEstrada vs. Desierto, March 2, 2001- Also Read:
TEMPORARY DISABILITY OF PRESIDENT- The
question whether the claimed temporary inability of Estrada is
a political question beyond the Supreme Courts power of
review. The decision that President Arroyo is the dejure
President made by a co-equal branch of government
cannot be reviewed by the Supreme Court.
POLITICAL QUALIFIED AGENCY (ALTER-EGO
DOCTRINE) Constantino vs. Cuisia, G.R. No. 106064,
October 13, 2005- Nevertheless, there are powers vested in
the President by the Constitution which may not be delegated
to or exercised by an agent or alter ego of the President.
Justice Laurel, in his ponencia in Villena, makes this clear:
Withal, at first blush, the argument of ratification may seem
plausible under the circumstances, it should be observed that
there are certain acts which, by their very nature, cannot be
validated by subsequent approval or ratification by the
President. There are certain constitutional powers and
prerogatives of the Chief Executive of the Nation which must
be exercised by him in person and no amount of approval or
ratification will validate the exercise of any of those powers
by any other person. Such, for instance, in his power to
suspend the writ of habeas corpus and proclaim martial law
(PAR. 3, SEC. 11, Art. VII) and the exercise by him of the
benign prerogative of mercy (par. 6, sec. 11, idem]. These
distinctions hold true to this day. There are certain
presidential powers which arise out of exceptional
circumstances, and if exercised, would involve the suspension
of fundamental freedoms, or at least call for the supersedence
of executive prerogatives over those exercised by co-equal
branches of government. The declaration of martial law, the
suspension of the writ of habeas corpus, and the exercise of
the pardoning power notwithstanding the judicial
determination of guilt of the accused, all fall within this
special class that demands the exclusive exercise by the
President of the constitutionally vested power. The list is by
no means exclusive, but there must be a showing that the
executive power in question is of similar gravitas and
exceptional import. We cannot conclude that the power of the
President to contract or guarantee foreign debts falls within
the same exceptional class. Indubitably, the decision to
contract or guarantee foreign debts is of vital public interest,
but only akin to any contractual obligation undertaken by the
sovereign, which arises not from any extraordinary incident,
but from the established functions of governance.
3
- APPOINTING POWER OF THE PRESIDENTSarmiento vs. Mison; Bautista vs. Salonga; Bermudez vs.
Torres; Calderon vs. Carale- Congress cannot expand the
constitution by increasing those officers who need prior
confirmation by the CA.
-
ARTICLE VIII
(JUDICIAL)
- JUDICIAL REVIEW- Joya vs. PCGG; Kilosbayan vs.
Guingona; Oposa vs. Factoran (petitioners-children);
Kilosbayan vs. Morato; IBP vs. Zamora (IBP not proper
party); Gonzales vs. Narvasa (private citizen not proper
party).
- Garcia v. Executive Secretary, GR No. 157584, April 2,
2009- The immediate implementation of full deregulation of
the local downstream oil industry is a policy determination by
Congress which this Court cannot overturn without offending
the Constitution and the principle of separation of powers.
That the law failed in its objectives because its adoption
spawned the evils petitioner Garcia alludes to does not
warrant its nullification. In the words of Mr. Justice Leonardo
A. Quisumbing in the 1999 Garcia case, [a] calculus of fear
and pessimism xxx does not justify the remedy petitioner
seeks: that we overturn a law enacted by Congress and
approved by the Chief Executive.
4
(a)
the penalty of reclusion perpetua, when the law violated
makes use of the nomenclature of the penalties of the Revised Penal Code;
or
(b)
the penalty of life imprisonment, when the law violated
does not make use of the nomenclature of the penalties of the Revised
Penal Code.
hold that the petition for review should not be entertained and
the petition to review decision of the CA is not a matter of
right but of sound judicial discretion, hence, there is no need
to fully explain the Courts denial since, for one thing, the
facts and the law are already mentioned in the CA decision.
- German Machineries Corporation vs. Endaya, 444 SCRA
329- The mandate under Section 14, Article VIII of the
constitution is applicable only in cases submitted for
decision, i.e, given due course and after the filing of the
briefs or memoranda and/or other pleadings, but not where a
resolution is issued denying due course to a petition and
stating the legal basis thereof.
- Joaquin-Agregado v. Yama, March 20, 2009, GR No.
181107- The Supreme Court stressed that it has the discretion
to decide whether a minute resolution should be used in lieu
of a full-blown decision in any particular case. Further, the
Supreme Court explained that the grant of due course to a
petition for review is not a matter of right, but of sound
judicial discretion. When it fails to find any reversible error
committed by the CA, there is no need to fully explain the
Courts denial as it means that the Supreme Court agrees
with or adopts the findings and conclusions of the CA. There
is no point in reproducing or restating in the resolution of
denial the conclusions of the appellate court affirmed.The
constitutional requirement of sec. 14, Art. VIII of a clear
presentation of facts and laws applies to decisions, where
the petition is given due course, but not where the petition
is denied due course, with the resolution stating the legal
basis for the dismissal.
- Oil & National Gas Com. vs. CA, 293 SCRA 26- Section 14
does not preclude the validity of Memorandum Decision
which adopt by reference the findings of fact and conclusions
of law contained in the decisions of inferior tribunals. It is
intended to avoid cumbersome reproduction of the decision
(or portions thereof) of the lower court.
ARTICLE IX
(CONSTITUTIONAL COMMISSIONS)
- GSIS VS. CSC, 202 SCRA 799- The grant to the Civil
Service Commission of adjudicatory power, or the authority
to hear and adjudge cases, necessarily includes the power to
enforce or order execution of its decisions, resolutions, or
orders. The authority to decide cases would be inutile unless
accompanied by the authority to see that what has been
decided is carried out.
- CSC vs. Sojor, GR No. 168766, May 22, 2008- The
Constitution grants to the CSC administration over the entire
civil service. As defined, the civil service embraces every
branch, agency, subdivision, and instrumentality of the
government, including every government-owned or controlled
corporation. It is further classified into career and non-career
service positions. Career service positions are those where:
(1) entrance is based on merit and fitness or highly technical
qualifications; (2) there is opportunity for advancement to
higher career positions; and (3) there is security of tenure. A
state university president with a fixed term of office
appointed by the governing board of trustees of the
university, is a non-career civil service officer. He was
appointed by the chairman and members of the governing
board of CVPC. By clear provision of law, respondent is a
non-career civil servant who is under the jurisdiction of
the CSC.
- CSC v. Alfonso, GR No. 179452, June 11, 2009,- Even though
the CSC has appellate jurisdiction over disciplinary cases decided
by government departments, agencies, and instrumentalities, a
complaint may be filed directly with the CSC, and the CSC has the
authority to hear and decide the case, although it may in its
discretion opt to deputize a department or an agency to conduct the
investigation, as provided for in the Civil Service Law of 1975. The
Supreme Court also ruled that since the complaints were filed
directly with the CSC and the CSC had opted to assume
jurisdiction over the complaint, the CSCs exercise of jurisdiction
shall be to the exclusion of other tribunals exercising concurrent
jurisdiction.
- CSC vs. DBM, GR No. 158791, July 22, 2005- The no
report, no release policy may not be validly enforced
against offices vested with fiscal autonomy. Being automatic
connotes
something
mechanical,
spontaneous
and
perfunctory. It means that no condition to fund releases to it
may be imposed.
- CSC vs. Albao, October 13, 2005- The present case partakes
of an act by petitioner CSC to protect the integrity of the civil
service system, and does not fall under the provision on
disciplinary actions under Sec. 47. It falls under the
provisions of Sec. 12, par. 11, on administrative cases
instituted by it directly. This is an integral part of its duty,
authority and power to administer the civil service system
and protect its integrity, as provided in Article IX-B, Sec. 3 of
the Constitution, by removing from its list of eligibles those
who falsified their qualifications. This is to be distinguished
from ordinary proceedings intended to discipline a bona fide
member of the system, for acts or omissions that constitute
violations of the law or the rules of the service.
- SSS Employees Ass. vs. CA, 175 SCRA 686- While the
Constitution and the Labor Code are silent as to whether
government employees may strike, they are prohibited from
striking by express provision of Memorandum Circular
No. 6, series of 1997 of the CSC and as implied in E.O.
180.
COMELEC
- REAPPOINTMENT OF COMMISSIONERS- Matibag vs.
Benipayo, April 2, 2002- The phrase without reappointment
applies only to one who has been appointed by the President and
confirmed by the Commission on Appointments, whether or not
such person completes his term of office which could be seven,
five or three years. There must be a confirmation by the
Commission on Appointments of the previous appointment
before the prohibition on reappointment can apply.
- ISSUANCE of writs of certiorari, prohibition and mandamus
only in aid of its appellate jurisdiction.- Relampagos vs.
Cumba, 243 SCRA 690.
- Bedol vs. COMELEC, GR No. 179830, December
3, 2009- The COMELEC possesses the power to conduct
investigations as an adjunct to its constitutional duty to
enforce and administer all election laws, by virtue of the
explicit provisions of paragraph 6, Section 2, Article IX of the
1987 Constitution, which reads:
Article IX-C, Section 2. xxx
- DBP vs. COA, January 16, 2002 -The mere fact that private
auditors may audit government agencies does not divest the
COA of its power to examine and audit the same government
agencies. The COA is neither by-passed nor ignored since
even with a private audit the COA will still conduct its usual
examination and audit, and its findings and conclusions will
still bind government agencies and their officials. A
concurrent private audit poses no danger whatsoever of public
funds or assets escaping the usual scrutiny of a COA audit.
Manifestly, the express language of the Constitution, and the
clear intent of its framers, point to only one indubitable
conclusion - the COA does not have the exclusive power to
examine and audit government agencies. The framers of
the Constitution were fully aware of the need to allow
independent private audit of certain government agencies in
addition to the COA audit, as when there is a private
investment in a government-controlled corporation, or when a
government corporation is privatized or publicly listed, or as
in the case at bar when the government borrows money from
abroad.
- BSP vs. COA, January 22, 2006 - Retirement benefits
accruing to a public officer may not, without his consent, be
withheld and applied to his indebtedness to the government.
- MISON vs. COA, 187 SCRA 445, The chairman of COA,
acting by himself, has no authority to render or promulgate a
decision for the commission. The power to decide on issues
relating to audit and accounting is lodged in the COA acting
as a collegial body which has the jurisdiction to decide any
case brought before it.
- PHIL. OPERATIONS, INC. vs Auditor General, 94 Phil
868, COAs power over the settlement of accounts is
different from power over unliquidated claims, the latter
of which is within the ambit of judicial power.
- NHA vs. COA, 226 SCRA 55, COA can validly disallow the
approval of excess or unnecessary expenditures.
ARTICLE X
(LOCAL GOVERNMENTS)
- TERM OF OFFICE OF ELECTIVE LOCAL
OFFICIALS- Socrates vs. COMELEC, November 12,
2002, What the Constitution prohibits is an immediate reelection for a fourth term following three consecutive terms.
6
The Constituton, however, does not prohibit a subsequent reelection for a fourth term as long as the reelection is not
immediately after the end of the third consecutive term. A
recall election mid-way in the term following the third
consecutive term is a subsequent election but not an
immediate re-election after the third term.
- Adormeo vs. COMELEC, February 4, 2002- The winner in
the recall election cannot be charged or credited with the full
term of three years for purposes of counting the
consecutiveness of an elective officials terms in office. Thus,
in a situation where a candidate loses in an election to gain a
third consecutive term but later wins in the recall election, the
recall term cannot be stitched with his previous two
consecutive terms. The period of time prior to the recall term,
when another elective official holds office, constitutes an
interruption in the continuity of service.
- Lonzanida vs COMELEC, 311 SCRA 602- Voluntary
renunciation of a term does not cancel the renounced term in
the computation of the three-term limit. Conversely,
involuntary severance from office for any length of time short
of the full term provided by law amounts to an interruption of
continuity of service. The petitioner vacated his post a few
months before the next mayoral elections, not by voluntary
renunciation but in compliance with the legal process of writ
of execution issued by the COMELEC to that effect. Such
involuntary severance from office is an interruption of
continuity of service and thus, the petitioner did not fully
serve the 1995-1998 mayoral term.
- Borja vs. COMELEC, 295 SCRA 157- For the three termlimit rule to apply, the local official concerned must serve
three consecutive terms as a result of election. The term
served must be one for which he was elected. Thus, if he
assumes a position by virtue of succession, the official cannot
be considered to have fully served the term.
- Ong vs. Alegre, et al., June 23, 2006- assumption of office
constitutes, for Francis Ong, service for the full term, and
should be counted as a full term served in contemplation of
the three-term limit prescribed by the constitutional and
statutory provisions, barring local elective officials from
being elected and serving for more than three consecutive
terms for the same position. His continuous exercise of the
functions thereof from start to finish of the term, should
legally be taken as service for a full term in contemplation
of the three-term rule, notwithstanding the subsequent
nullification of his proclamation. There was actually no
6
ARTICLE XI
(ACCOUNTABILITY OF PUBLIC OFFICERS)
- IMPEACHMENT- Estrada vs. Desierto, April 3,
2001Section 3(7) of Article XI provides for the limit and the
consequence of an impeachment judgment. Convic
- uted, tried and punished for criminal offenses committed.
- READ: Francisco, et al. vs. House of Representatives,
November 10, 2003definition of TO INITIATE
IMPEACHMENT- proceeding is initiated or begins,
when a verified complaint is filed and referred to the
Committee on Justice.
- A vote of 1/3 of all the members of the House shall be
necessary either to affirm a favorable resolution with the
Articles of Impeachment of the Committee or override its
contrary resolution, De Castro vs. Committee on Justice,
Batasan Pambansa, September 3, 1995.
- Resignation by an impeachable official does not place him
beyond the reach of impeachment proceedings; he can still be
impeached.
- The 1987 Constitution, the deliberations thereon, and the
opinions of constitutional law experts all indicate that the
Deputy Ombudsman is not an impeachable officer. (Office
of the Ombudsman vs. Court of Appeals and former Deputy
Ombudsman Arturo C. Mojica, March 4, 2005).
- Marquez vs. Desierto, June 27, 2001- there must be a
pending case before a court of competent jurisdiction before
inspection of bank accounts by Ombudsman may be allowed.
- OMBS
POWER
TO
PROSECUTE,
Uy
vs.
Sandiganbayan, March 20, 2001- The power to prosecute
granted by law to the Ombudsman is plenary and unqualified.
The law does not make a distinction between cases
7
ARTICLE XII
(NATIONAL ECONOMY & PATRIMONY)
1
-
ARTICLE XIII
(SOCIAL JUSTICE & HUMAN RIGHTS)
- SOCIAL JUSTICE- while the pursuit of social justice can
have revolutionary effect, it cannot justify breaking the law.
(Astudillo v. Board of Directors, PHHC, 73 SCRA 15).
- HUMAN RIGHTS- read EPZA VS, HR, 208 SCRA; Simon
vs. Com. on Human Rights, 229 SCRA 1170- limited to
violations of civil and political rights only either by
government official or private individual.
- Human Security Act- granting adjudicatory and
prosecutorial powers to the CHR re violations of human
rights.- refer to Section 5- perform such other functions and
duties as may be provided by law.
ARTICLE XIV
(ESTACS)
- Review Center Association of the Philippines v. Ermita,
GR No. 180046, April 2, 2009- A review center is not an
institution of higher learning as contemplated by RA 7722
[i]t does not offer a degree-granting program that would put it
under the jurisdiction of the CHED. Moreover, [a] review
course is only intended to refresh and enhance the
knowledge or competencies and skills of reviewees, and it
does not require enrollment, attendance, a grade or
submission of a thesis in order to complete the review center
course requirements or take the licensure examination.
- ACADEMIC FREEDOM- from standpoint of the
educational institution and the members of the academe. The
Supreme Court sustained the primacy of academic freedom
over Civil service rules on AWOL, stressing when UP opted
to retain private petitioner and even promoted him
despite
his absence, the University was exercising its freedom to
choose who may teach or who may continue to teach its
faculty (UP, et al. vs. CSC, April 3, 2001).
- Morales vs. UP Board of Regents, December 13, 2004- As
enunciated by this Court in the case of University of San
Carlos v. Court of Appeals, the discretion of schools of
learning to formulate rules and guidelines in the granting of
honors for purposes of graduation forms part of academic
freedom. And such discretion may not be disturbed much less
controlled by the courts, unless there is grave abuse of
discretion in its exercise. Therefore, absent any showing of
grave abuse of discretion, the courts may not disturb the
Universitys decision not to confer honors to petitioner.
ARTICLE XVI
(GENERAL PROVISIONS)
- IMMUNITY OF THE STATE FROM SUIT (Read general
principles; Phil Agila Satellite, Inc. vs. Lichauco, May 3,
2006)- The hornbook rule is that a suit for acts done in the
performance of official functions against an officer of the
government by a private citizen which would result in a
charge against or financial liability to the government must be
regarded as a suit against the State itself, although it has not
been formally impleaded. However, government immunity
from suit will not shield the public official being sued if the
government no longer has an interest to protect in the
outcome of a suit; or if the liability of the officer is personal
because it arises from a tortious act in the performance of
his/her duties.
- GTZ v. CA, GR No. 152318, April 16, 2009- German
Agency for Technical Cooperation (GTZ), which implements
a joint health insurance project of the German and Philippine
governments, is not entitled to immunity from suit in the
Philippines as GTZ, being the equivalent of a governmentowned-and-controlled corporation, has the power and
capacity to sue and be sued under the Corporation Code. GTZ
is akin to a governmental owned or controlled corporation
without original charter which, by virtue of the Corporation
Code, has expressly consented to be sued,
- PCCG vs. Sandiganbayan, March 6, 2006- When the
government itself is the suitor, as in Civil Case No. 0034.
Where, as here, the State itself is no less the plaintiff in
the main case, immunity from suit cannot be effectively
invoked. For, as jurisprudence teaches, when the State,
through its duly authorized officers, takes the initiative in
a suit against a private party, it thereby descends to the level
of a private individual and thus opens itself to whatever
counterclaims or defenses the latter may have against it.
Petitioner Republics act of filing its complaint in Civil Case
No. 0034 constitutes a waiver of its immunity from suit.
Being itself the plaintiff in that case, petitioner Republic
cannot set up its immunity against private respondent
Benedictos prayers in the same case.
- NATIONAL POLICE FORCE- Under the DILG (Carpio
vs. Executive Secretary, 206 SCRA 290). Alunan vs.
Asuncion, January 28, 2000, the new PNP absorbed the
ARTICLE XVII
(AMENDMENTS)
- The Province of North Cotabato v. Republic, GR Nos.
183591, 183572, 183893, and 183951, October 14, 2008The Court noted that inclusion of provisions in the MOA-AD
establishing an associative relationship between the BJE and
the Central Government is itself a violation of the
Memorandum of Instructions from the President dated March
1, 2001, addressed to the government peace panel. Moreover,
it virtually guarantees that the necessary amendments to
the Constitution and the laws will eventually be put in
place. Neither the GRP Peace Panel nor the President herself
is authorized to make such a guarantee. Upholding such an
act would amount to authorizing a usurpation of the
constituent powers vested only in Congress, a
Constitutional Convention, or the people themselves
through the process of initiative, for the only way that the
Executive can ensure the outcome of the amendment
process is through an undue influence or interference with
that process.
- IMBONG VS. COMELEC, 35 SCRA 28- Congress when
acting as a Constituent Assembly has full and plenary powers
8
ARTICLE XVIII
(TRANSITORY PROVISIONS)
- LIM VS. EXEC SEC., April11, 2002- Section 25 of the
Transitory Provisions show a marked antipathy towards
foreign military presence in the country, or of foreign
influence in general. Hence, foreign troops are allowed entry
into the Philippines only be way of direct exception.
- Under the Constitution, the US forces are prohibited from
engaging in an offensive war on Philippine territory. The
Supreme Court, however, cannot accept the bare allegations
that the Arroyo administration is engaged in double speak in
trying to pass off as a mere training exercise an offensive
effort by foreign troops on native soil.
- Bayan vs. Zamora, G.R. No. 138570, October 10, 2000, 342
SCRA 449-the VFA was duly concurred in by the Philippine
Senate and has been recognized as a treaty by the United States as
attested and certified by the duly authorized representative of the
United States government. The fact that the VFA was not
submitted for advice and consent of the United States Senate does
not detract from its status as a binding international agreement or
treaty recognized by the said State. For this is a matter of internal
United States law. Notice can be taken of the internationally
known practice by the United States of submitting to its Senate for
advice and consent agreements that are policymaking in nature,
whereas those that carry out or further implement these
policymaking agreements are merely submitted to Congress, under
the provisions of the so-called CaseZablocki Act, within sixty
days from ratification. The second reason has to do with the
relation between the VFA and the RP-US Mutual Defense Treaty
of August 30, 1951. This earlier agreement was signed and duly
ratified with the concurrence of both the Philippine Senate and the
United States Senate.
- AKBAYAN CITIZENS ACTION PARTY (AKBAYAN), et al.,
Petitioners - versus - THOMAS G. AQUINO, et al., No.
170516, July 16, 2008- While Article VII, Section 21 provides for
Senate concurrence, such pertains only to the validity of the treaty
under consideration, not to the conduct of negotiations attendant to
its conclusion. Moreover, it is not even Congress as a whole that
has been given the authority to concur as a means of checking the
treaty-making power of the President, but only the Senate.
- Nicolas vs. Romulo, et al., G.R. No. 175888; Salonga vs. Smith,
et al. G.R. No. 176051; and Makabayan vs. Arroyo, et al., G.R.
No. 176222- February 11, 2009 - The Visiting Forces Agreement
(VFA) between the Republic of the Philippines and the United
States, entered into on February 10, 1998, is UPHELD as
constitutional, but the Romulo-Kenney Agreements of December
19 and 22, 2006 are DECLARED not in accordance with the
VFA, and respondent Secretary of Foreign Affairs is hereby
ordered to forthwith negotiate with the United States
representatives for the appropriate agreement on detention
facilities under Philippine authorities as provided in Art. V, Sec. 10
of the VFA, pending which the status quo shall be maintained until
further orders by this Court.