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San Beda College of Law

1
MEMORY AID

IN

POLITICAL LAW

CONSTITUTIONAL LAW
IN GENERAL
CONSTITUTION
- the document which serves as the
fundamental law of the state. (V. Sinco,
Philippine Political Law, 11th ed., p.6870); that written instrument enacted by
direct action of the people by which the
fundamental powers of the government
are established, limited and defined,
and by which those powers are
distributed
among
the
several
departments for their safe and useful
exercise for the benefit of the body
politic
(Malcolm,
Philippine
Constitutional Law, p.6)
Classification:
1. written (conventional or
enacted) v. unwritten
(cumulative or evolved).
2. rigid v. flexible
The Philippine Constitution is written
and rigid. (Art. XVII)
The 1987 Constitution took effect on
February 2, 1987, the date of
the plebiscite for its ratification
and not on the date its
ratification was proclaimed. (De
Leon v. Esguerra, 153 SCRA 602)
Interpretation: a doubtful provision
shall be examined in the light of the
history of the times and the
conditions and circumstances under
which the Constitution was framed
(Civil Liberties Union v. Executive
Secretary, 194 SCRA 317). In case of
doubt, the provisions should be
considered
self-executing;
mandatory rather directory; and
prospective rather than retroactive
(Nachura, Reviewer in Political Law,
p.3)
CONSTITUTIONAL LAW
- designates the law embodied in the
Constitution and the legal principles
growing out of the interpretation and
application of its provisions by the courts
in specific cases (Sinco, supra, p.67)
POLITICAL LAW COMMITTEE

STATE
- A community of persons, more or
less numerous, permanently occupying a
definite portion of territory, independent
of external control, and possessing a
government to which a great body of the
inhabitants render habitual obedience; a
politically
organized
sovereign
community independent of outside
control bound by ties of nationhood,
legally supreme within its territory,
acting through a government functioning
under a regime of law. (CIR v. Campos
Rueda, 42 SCRA 23).
Elements:
People inhabitants of the State, the
number of which is capable for selfsufficiency and self-defense; of both
sexes for perpetuity.
Different meanings of the word
people:
-People as inhabitants (Sec.1,
Art.XIII; Secs.15 -16, Art. II;
Sec.2, Art.III);
-People as citizens (Preamble; Secs.
1 and 4, Art. II; Sec.7, Art. III);
-People as electors (Sec.4, Art. VII;
Sec.2, Art. XVI; Sec. 25, Art.
XVIII).
Territory fixed portion of the surface
of the earth inhabited by the people
of the State; see Art I.
Sovereignty

supreme
and
uncontrollable power inherent in a
State by which that State is
governed;
Characteristics:
a. permanent
b. exclusive
c. comprehensive
d. absolute
e. indivisible
f. inalienable
g. imprescriptible
Theory of Auto-Limitation - any
state may by its consent, express
or implied, submit to a
restriction of its sovereign

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

2005 CENTRALIZED BAR OPERATIONS

rights. There may thus be a


curtailment of what otherwise is
a power plenary in character.
(Reagan v. CIR, G.R. No. L26379. Dec. 27, 1969).

Extraterritorial authority over


persons, things or acts,
outside its territorial limits
by reason of their effects to
its territory.

Imperium - the states authority to


govern embraced in the concept of
sovereignty; includes passing laws
governing a territory, maintaining
peace and order over it, and
defending it against foreign invasion.

Government that institution or


aggregate of institutions by which an
independent society makes and
carries out those rules of action
which are necessary to enable men
to live in a social state or which are
imposed upon the people forming
that society by those who possess
the power or authority of prescribing
them. (US v. Dorr, 2 Phil. 332).

Dominium - capacity of the state to


own or acquire property. (Lee
Hong Hok v. David, 48 SCRA 372)
Effect of Belligerent Occupation No change in sovereignty.
However, political laws, except
those of treason, are suspended;
municipal laws remain in force
unless
changed
by
the
belligerent occupant.
principle
of
jus
postliminium At the
end of the occupation,
political
laws
are
automatically
revived.
(Peralta v. Director of
Prisons, 75 Phil. 285)
Effect of Change of Sovereignty
The political laws of the former
sovereign, whether compatible
or not with those of the new
sovereign, are automatically
abrogated, unless they are
expressly
re-enacted
by
affirmative act of the new
sovereign.
Municipals
laws
remain in force. (Macariola v.
Asuncion, 114 SCRA 77)
Jurisdiction manifestation of
sovereignty
Territorial authority to have
all persons and things within
its territorial limits to be
completely subject to its
control and protection.
Personal - authority over its
nationals, their persons,
property, and acts, whether
within
or
outside
its
territory.

Government of the Republic of the


Philippines is the corporate
governmental entity through
which
the
functions
of
government
are
exercised
throughout
the
Philippines,
including the various arms which
political authority is made
effective, whether pertaining to
the autonomous regions, the
provincial, city or barangay
subdivisions or other
forms of
local government. [Sec. 2(1),
E.O. 292 or the Administrative
Code of 1987]
Classification:
De jure has a rightful title but no
power or control, either, because
same has been withdrawn from it or
because same has not yet actually
entered into the exercise thereof.
De facto actually exercises power or
control but without legal title
(Lawyers League for a Better
Philippines v. Aquino, G.R. No.
73748, May 22, 1986).
De facto proper government that
gets possession and control of,
or usurps, by force or by the
voice of the majority, the
rightful legal government and
maintains itself against the will
of the latter;
Government of paramount force
established and maintained by
military forces who invade and

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law


3
MEMORY AID
occupy a territory of the enemy
in the course of war; and
Independent
government

established by the inhabitants of


the country who rise in
insurrection against the parent
state (Ko Kim Cham v. Valdez
Tan Keh, 75 Phil. 113).
Functions:
constituent compulsory because
constitutive of the very bonds of
society;
ministrant undertaken to advance
general interest of society (Bacani v.
NACOCO, 100 Phil. 468); merely
optional.
Doctrine of Parens Patriae government
as guardian of the rights of People
(Government of Philippines Islands
v. El Monte de Piedad, 35 SCRA
738).
FUNDAMENTAL
POWERS OF THE STATE
Inherent Powers of the State:
I . POLICE POWER
- Law of overruling necessity - power
promoting public welfare by restraining
and regulating the use of liberty and
property.
Basis: public necessity and right of State
and of public to self-protection and
self-preservation.
Who may exercise: generally,
legislature but also:
the President,
Administrative bodies, and
Law-making bodies of LGUs

the

Requisites (Limitations):
Lawful Subject the interests of the
public in general, as distinguished
from those of a particular class,
require the exercise of the power;
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

Lawful Means the means employed are


reasonably
necessary
for
the
accomplishment of the purpose, and
not unduly oppressive on individuals;
When exercised by a delegate:
express grant by law;
within territorial limits for LGUs
except when exercised to
protect water supply; and
must not be contrary to law.
II . POWER OF EMINENT DOMAIN
- power of State to forcibly take
private property for public use upon
payment of just compensation
Basis: necessity of the property for
public use.
Who may exercise: generally,
legislature but also:
the President;
Law-making bodies of LGUs;
Public Corporations, and;
Quasi-public Corporations.

the

Two stages:
determination of the authority of
the plaintiff to exercise the power
and the propriety of its exercise; and
determination
of
just
compensation.
Requisites:
1. Necessity when exercised by:
Congress political question;
Delegate justiciable question
2. Private property all private
property capable of ownership
may be expropriated, except
money and choses in action; may
include services (Republic v.
PLDT, 26 SCRA 620).
3. Taking:
there is taking when:
i. owner actually deprived or
dispossessed of his property;
ii. there is practical destruction
or a material impairment of
value of property;
iii. owner is deprived of ordinary
use of his property; and

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

2005 CENTRALIZED BAR OPERATIONS

iv. owner
is
deprived
of
jurisdiction, supervision and
control of his property.
requisites:
i. expropriator must enter a
private property;
ii. entry must be more than a
momentary period;
iii. entry must be under a
warrant or color of authority;
iv. property must be devoted to
public use or otherwise
informally appropriated or
injuriously affected;
v. utilization of the property
must be in such a way as to
oust the owner and deprive
him of beneficial enjoyment
of the property (Republic v.
Castelvi, 58 SCRA 336).
4. Public use - has been broadened
to include not only uses directly
available to the public but also those
which redound to their indirect
benefit; that only a few would
actually
benefit
from
the
expropriation of the property foes
not necessarily diminish the essence
and character of public use (Manosca
v. Court of Appeals, 252 SCRA 412).
Once expropriated change of
public use is of no moment. It is
well within the rights of the
condemnor as owner to alter and
decide its use so long as it still
for public use. (Republic vs.
C.A., G.R. No. 146587, July 2,
2002)
5. Just
compensation
compensation is qualified by the
word just to convey that equivalent
must be real, substantial, full and
fair; the value of the property must
be determined either as of the date
of the taking of the property or the
filing of the complaint, whichever
came first. (Eslaban v. vda. De
Onorio, G.R. No. 146062, June 28,
2001)
Formula: -- fair market value of
the property, to which must be
added
the
consequential
damages,
minus
the
consequential benefits, but in no
case will the consequential

benefits
exceed
the
consequential damages
Fair market value the price
that maybe agreed upon by
parties who are willing but
are not compelled to enter
into a contract of sale.
Consequential damages
consist of injuries directly
caused on the residue of the
private property taken by
reason of expropriation
6. Due process of law the
defendant must be given an
opportunity to be heard.
III. POWER OF TAXATION
- power by which State raises revenue
to defray necessary expenses of the
Government.
Scope: covers persons, property, or
occupation to be taxed within taxing
jurisdiction
Basis: power emanating from necessity
(lifeblood theory)
Who may exercise: generally, the
legislature but also:
Law-making bodies of LGUs (Sec.5,
Art. X); and
The President, under Sec. 28 (2), Art.
VI of the Constitution or as
incident of emergency powers
that Congress may grant to him
under Sec. 23(2), Art. VI.
Limitations on the Power of Taxation:
Inherent limitations
Public purpose;
a. Non-delegability of power;
b. Territoriality or situs of taxation;
c. Exemption of government from
taxation;
d. International comity.
Constitutional limitations
a. Due process of law;
b. Equal protection of law;
c. Uniformity, equitability, and
progressivity of taxation;
d. Non-impairment of contracts;
e. Non-imprisonment
for
nonpayment of poll tax;

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law


5
MEMORY AID
f.

Origin of appropriation, revenue,


and tariff bills;
g. Non-infringement of religious
freedom;
h. Delegation
of
legislative
authority to the President to fix
tariff rates, import and export
quotas, tonnage and wharfage
dues;
i. Tax exemption of properties
actually, directly and exclusively
used for religious, charitable and
educational purposes;
j. Majority vote of all members of
Congress required in case of
legislative
grant
of
tax
exemptions;
k. Non-impairment of the Supreme
Courts jurisdiction in tax cases;
l. Tax exemption of revenues and
assets of, including grants,
endowments,
donations,
or
contributions to, educational
institutions.

Any question regarding the


constitutionality
of
a
tax
measure must be resolved in
favor of its validity.

Any
doubt
regarding
the
taxability of any person under a
valid law must be resolved in
favor of that person and against
the taxing power.

Any doubt as to the applicability


of a tax exemption granted to a
person must be resolved against
the exemption.

IN

POLITICAL LAW

Double Taxation additional taxes are


laid:
1. on the same subject;
2. by the same taxing jurisdiction;
during the same taxing period;
and
3. for the same purpose.
Despite
lack
of
specific
constitutional prohibition, double
taxation will not be allowed if the
same will result in a violation of the
equal protection clause (Nachura,
Reviewer in Political Law, p.38).
TAX

LICENSE FEE
1. as to basis

Power of taxation
to raise revenue

Police power to
regulate

2. limitation
Rate or amount to
be collected
unlimited provided
not confiscatory.

Amount limited to
cost of: (a) issuing
the license and (b)
necessary
inspection or police
surveillance.

3. object
Imposed on persons
or property.

Paid for privilege


of doing something
but privilege is
revocable.

4. effect of non-payment
Business or activity
does not become
illegal.

Business becomes
illegal.

DISTINCTIONS
POLITICAL LAW COMMITTEE

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

2005 CENTRALIZED BAR OPERATIONS

POLICE
POWER

EMINENT
DOMAIN

TAXATION

1. Regulates
both liberty
and property

Affects only
property
rights

Affects only
property
rights

2. Exercised
only by the
Government

Maybe
exercised
by private
entities

3. Public
necessity and
the right of
the state and
of the public
to selfpreservation
and selfprotection.

Necessity of
the public
for the use
of private
property

4. Property
intended for a
noxious
purpose is
taken and
destroyed.

Property is
wholesome
and is
devoted to
public use
or purpose

Property is
wholesome
and is
devoted to
public use or
purpose

5. Compensa
tion is the
intangible,
altruistic
feeling that
the individual
has
contributed to
the public
good

Compensati
on is full
and fair
equivalent
of the
property
taken

Compensatio
n is the
protection
and public
improvemen
ts instituted
by the
government
for the taxes
paid

6. Contracts
may be
impaired.

Contracts
may be
impaired.

Contracts
may not be
impaired.

POLICE POWER

EMINENT DOMAIN

1.

Lawful subject

1.

Necessity

Exercised
only by the
Government

2.

Lawful means

2.

Private property;

3.

Taking;
.
Public use;

Public
necessity

3.

Express grant by
law

5.

4.

Within the
territorial limits

Just
compensation;

6.

Due process of
law.

When exercised by a
delegate:

5.

4.

Must not be
contrary to law

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT


CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law


7
MEMORY AID

POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

Article I : NATIONAL TERRITORY


I. Territory of the Philippines:
1.
Philippine archipelago, with all
the islands and waters embraced
therein;
ARCHIPELAGIC DOCTRINE
integration of a group of islands to
the sea and their oneness so that
together they can constitute one unit,
one country, and one state.
An
imaginary single baseline is drawn
around the islands by joining
appropriate points of the outermost
islands of the archipelago with
straight lines and all islands and
waters enclosed within the baseline
form part of the territory. Main
purpose is to protect the territorial
interests of an archipelago. (see last
sentence, Art. I).
2.

all other territories over which


the Philippines has sovereignty or
jurisdiction, consisting of its:
terrestrial;
fluvial; and
aerial domain;
Kalayaan Isand Group
a. historic right;
b. effective control and occupation.
(P.D. No. 1596)

3.

4.

including its:
sea bed;
subsoil;
insular shelves; and
other marine areas.

Waters:
around;
between; and
connecting
- the islands of the archipelago,
regardless of
(i) breadth; and
(ii) dimensions
- form part of the internal waters
of the Philippines.

II. Territorial Sea

The belt of the sea located


between the coast and internal

waters of the coastal state on


the one hand, and the high seas
on the other, extending up to 12
nautical miles from the low
water mark.
III. Contiguous Zone
Extends up to 12 nautical miles
from
the
territorial
sea.
Although not part of the
territory, the coastal State may
exercise jurisdiction to prevent
infringement of customs, fiscal,
immigration or sanitary laws.
IV. Two hundred Mile Exclusive
Economic Zone
not a part of the national
territory but exclusive economic
benefit is reserved for the
country. Thus, the coastal state
has in the exclusive economic
zone:
1. sovereign rights for the purpose
of exploring and exploiting,
conserving and managing the
natural resources, whether living
or non living, if the waters
superjacent to the seabed and
subsoil, and with regard to other
activities for the economic
exploitation and exploration of
the zone, such as the production
of energy from the waters,
currents, and winds;
2. jurisdiction with regard to:
a. the establishment and use of
artificial islands,
installations, and structures;
b. marine scientific research;
c. the protection and
preservation of marine
environment;
3. other rights and duties provided
for in the Convention. (Art. 56
of the UN Convention on the
Law of the Sea)
V. Territorial Jurisdiction
- power of the state over persons
and thing within its territory.
Entities exempt from this control are:
1. Foreign states, head of states,
diplomatic representatives, and to
certain degree, consuls;

2. Foreign state property, including their


embassies, consulates and public
vessels engaged in non-commercial
activities;
3. Acts of states;
4. Foreign merchant vessels exercising
their rights of innocent passage or
involuntary entry, such as arrival
under distress;
5. Foreign armies passing through or
stationed in its territory with its
permission; and
6. Such other persons and property, over
which the state may, by agreement,
waive jurisdiction (Nachura, Reviewer
in Political Law, 1996 ed., p. 18).
Article II :
PRINCIPLES AND STATE POLICIES
I. SEPARATION OF POWERS
Purpose: to prevent concentration of
authority in one person or group of
persons
that
might
lead
to
irreparable error or abuse in exercise
to the detriment of republican
institutions.
(Pangasinan
Transportation Co. v. Public Service
Commission, G.R. No. 47065. June
26, 1940)
Principle of Blending of Powers
instance when powers are not
confined exclusively within one
department but are assigned to or
shared by several departments.
(Nachura, Reviewer in Political Law,
2000 ed., p. 42).
Principle of Checks and Balances
allows
one department to resist
encroachments upon its prerogatives
or to rectify mistakes or excess
committed
by
the
other
departments.
II. DELEGATION OF POWERS
General Rule: Potestas delegata non
potest delegare
- premised on the ethical principle
that delegated power constitutes not
only a right but a duty to be
performed by the delegate through

the instrumentality of his own


judgment and not through the
intervening mind of another.
Exceptions (Permissible Delegation):
(PETAL)
1. Tariff powers of the President [Sec.
28 (2), Art. VI]
2. Emergency powers of President [Sec.
23 (2), Art. VI]
3. Delegation to the people [Sec. 32,
Art. VI; Sec. 10, Art. X; Sec. 2, Art.
XVII; RA 6753].
4. Delegation to Local Government
units (Art X; RA 7160); and
5. Delegation to administrative bodies
(power of subordinate legislation).
Tests for Valid Delegation:
Completeness test law must be
complete in all essential terms and
conditions so that there is nothing
for delegate to do except enforce it;
Sufficient standard test map out the
boundaries of delegates authority by
defining legislative policy and
indicating
circumstances
under
which it is to be pursued (Pelaez v.
Auditor General, 15 SCRA 569).
III. STATE PRINCIPLES
REGARDING FOREIGN POLICY
(SEC. 2, ART. II)
1. renounces war as an instrument of
national policy;
2. incorporation clause adopts the
generally accepted principles of
international law as part of the law
of the land; and
3. adheres to the policy of peace,
equality,
justice,
freedom,
cooperation, and amity with all
nations.
IV. SUPREMACY OF CIVILIAN AUTHORITY
(SEC. 3, ART. II)
Ensured by:
1. the installation of the President,
the highest civilian authority as
the commander-in-chief of the
military [Sec. 18, Art. VII];

2. the
requirement
that
the
members of the AFP swear to
uphold
and
defend
the
Constitution, which is the
fundamental law of the civil
government;
3. the professionalization of the
service and the strengthening of
the patriotism and nationalism,
and respect for human rights, of
the military;
4. insulation of the AFP from
partisan politics;
5. prohibition against appointment
to a civil position;
6. compulsory
retirement
of
officers,
so
as
to
avoid
propagation of power;
7. a 3-year limitation on the tour of
duty of the Chief of Staff, which
although extendible in case of
emergency by the President,
depends
on
Congressional
declaration of emergency;
8. requirement
of
professional
recruitment, so as to avoid any
regional clique from forming
within the AFP [Sec. 5, Art. XVI];
and
9. the establishment of a police
force that is not only civilian in
character but also under the
local executives [Sec. 6, Art.
XVI].
V. SEPARATION OF CHURCH AND
STATE (SEC. 6, ART. II)
Reinforced by:
1. Freedom of religion clause;
2. Non-establishment of religion
clause;
3. No religious test clause [Sec. 5,
Art. III];
4. No sectoral representative from
religious sector [Sec. 5 (2), Art.
VI];
5. Prohibition against appropriation
for sectarian benefits. [Sec.
29(2), Art. VI]; and
6. Religious denominations and
sects cannot be registered as
political parties [Sec. 2 (5) Art.
IX-C].

Exceptions:
1. Churches,
personages,
etc.,
actually, directly and exclusively
used for religious, charitable and
educational purposes shall be
exempt from taxation [Sec. 28
(3), Art. VI];
2. Prohibition against appropriation
for sectarian purposes, except
when, priest etc., is assigned to
the armed forces, or to any
penal institution or government
orphanage or leprosarium [Sec.
29 (2), Art. VI];
3. Optional religious instruction for
public elementary and high
school students [Sec. 3 (3), Art.
XIV];and
4. Filipino ownership requirement
for
educational
institutions,
except those established by
religious groups and mission
boards [Sec. 4 (2), Art. XIV].
VI. AUTONOMY OF LOCAL
GOVERNMENTS
(SEC. 25, ART. II; ART. X)
Decentralization of Administration delegation of administrative powers to
local government unit in order to broaden
the base of governmental powers.
Decentralization of Powers abdication
of political power in the favor of local
governments units declared to be
autonomous. (Limbonas v. Mangelin, 170
SCRA 786)
Article III : BILL OF RIGHTS

set of prescriptions setting forth


the funda-mental civil and
political rights of the individual,
and imposing limitations on the
powers of government as a
means
of
securing
the
enjoyment of those rights.

Classification of Rights:
1. Political rights granted by law to
members of community in relation
to
their
direct
or
indirect
participation in the establishment

2.

3.
4.

or
administration
of
the
government;
Civil rights rights which municipal
law will enforce at the instance of
private individuals, for the purpose
of securing them the enjoyment of
their means of happiness;
Social and economic rights; and
Human rights.

I. DUE PROCESS OF LAW

That which hears before it


condemns, which proceeds upon
inquiry and renders judgment
only after trial (Darmouth
College
v.
Woodward,
4
Wheaton 518).

Aspects of Due Process:


1. Substantive due process
Requisites:
a. the Interest of the public in
general, as distinguished from
that of a particular class require
the intervention of the state;
b. means employed are reasonably
necessary for accomplishment of
purpose
and
not
unduly
oppressive.
- Publication of laws is part of
substantive due process (Taada v.
Tuvera, 146 SCRA 446).
2.

Procedural due process


Requisites of Civil Procedural due
process:
a. an impartial court or tribunal
clothed with judicial power to
hear and determine matters
before it;
b. jurisdiction properly acquired
over person of defending and
over property which is subject
matter of proceeding;
c. opportunity to be heard;
d. judgment rendered upon lawful
hearing and based on evidence
adduced (Banco Espaol Filipino
v. Palanca, G.R. No. L-11390.
March 26, 1918.)

Requisites of Criminal due process [Sec.


14 (1), Art. III]:
a. accused has been heard in a
court of competent jurisdiction;
b. accused is proceeded against
under the orderly processes of
law;
c. accused is given notice and
opportunity to be heard; and
d. judgment
rendered
within
authority of constitutional law
(Mejia v. Pamaran, 160 SCRA
457).
Requisites
of
Administrative
Due
Process:
a. right to a hearing, which
includes the right to present
ones case and support evidence
in support thereof;
b. tribunal must consider evidence
adduced;
c. decision must have something to
support itself;
d. evidence must be substantial;
e. decision must be based on
evidence adduced, or at least
contained in the records and
disclosed to the parties;
f. independent consideration of
evidence, and not rely on the
recommendation
of
a
subordinate; and
g. the decision must state the facts
and the law in such a way that
the parties can know the issues
involved and the reasons for the
decision (Ang Tibay v. CIR, 69
Phil 635).
Requisites of Due Process for Students
before
Imposition
of
Disciplinary
Sanctions:
a. must be informed in writing of
the nature and cause of the
accusation against him;
b. right to answer charges against
him, with the assistance of
counsel, if desired;
c. informed of the evidence against
him;
d. right to adduce evidence in his
behalf;

e. evidence must be duly considered


by the investigating committee
or official designated by the
school to hear and decide the
case.(Ateneo
de
Manila
University v.Capulong, 222 SCRA
644)
Right to appeal is not natural right
nor part of due process, instead,
it is a mere statutory right, but
once given, denial constitutes
violation of due process.
II. EQUAL PROTECTION OF LAW
(SEC. 1, ART. III)

all persons or things similarly


situated must be similarly treated
both as to rights conferred and
responsibilities imposed.

Requisites
(SNAG)

of

Valid

Classification:

1. Such
classification
rests
upon
substantial distinctions;
2. It is germane to purpose of the law;
3. It is not confined to existing
conditions;
4. It applies equally to all members of
the same class. (People v. Vera, G.R.
No. 45685. November 16, 1937).
III. SEARCHES AND SEIZURES
(SEC. 2, ART. III)
Scope: a popular right and hence,
protects all persons, including aliens
(Qua Chee Gan v. Deportation Board,
9 SCRA 27) and, to a limited extent,
artificial persons. (Bache & Co., Inc.
v. Ruiz, 37 SCRA 825)

Phil 667); Must refer to one


specific offense (Asian Surety v.
Herrera, 54 SCRA 312);
For a search warrant, such facts
and circumstances which would
lead a reasonably discreet and
prudent man to believe that an
offense has been committed and
that the objects sought in
connection with the offense are
in the place sought to be
searched (Burgos v. Chief of
Staff, 133 SCRA 800).

2. Determination of probable
personally by the judge;

cause

SEARCH
WARRANT

WARRANT OF
ARREST

The
judge
must
personally examine
in the form of
searching questions
and
answers,
in
writing and under
oath, the complaints
and any witnesses he
may produce on facts
personally known to
them. (Sec. 4, Rule
126, Rules of Court);
the determination of
probable
cause
depends to a large
extent
upon
the
finding or opinion of
the
judge
who
conducted
the
required examination
of the applicant and
the witnesses (Kho v.
Judge
Makalintal
G.R. No. 94902-06,
April 21, 1999)

It is not necessary
that the judge should
personally examine
the complainant and
his
witnesses
(Soliven v. Makasiar,
167 SCRA 393); the
judge would simply
personally review the
initial determination
of the prosecutor to
see if it is supported
by
substantial
evidence; he merely
determines
the
probability, not the
certainty
of
the
accused and, in so
doing, he need not
conduct a de novo
hearing (Webb v. De
Leon, 247 SCRA 652)

Requisites of Valid Warrant:


1. Probable Cause
Such facts and circumstances
antecedent to the issuance of a
warrant that in themselves are
sufficient to induce a cautious
man to rely on them and act in
pursuance thereof (People v.
Syjuco, 64

3. After personally examining under


oath
or
affirmation
of
the
complainant and the witness he may
produce;
4. On the basis of their personal
knowledge of the facts they are
testifying to;
5. The
warrant
must
describe
particularly the place to be searched

and the things or person to be


seized.
SEARCH
WARRANT

WARRANT OF
ARREST

The description of
property to be seized
need
not
be
technically accurate
nor
necessarily
precise,
and
its
nature
will
necessarily
vary
according to whether
the identity of the
property
or
its
character is a matter
of
concern;
the
description
is
required
to
be
specific only in so far
as the circumstances
will allow (Kho v.
Judge
Makalintal,
G.R. No. 94902-06,
April 21, 1999)

General warrants
are proscribed and
unconstitutional
(Nolasco v. Puno, 139
SCRA 152); However,
a John Doe Warrant
(a warrant for the
apprehension of a
person whose true
name is unknown)
satisfies
the
constitutional
requirement
of
particularity if there
is some descrpitio
personae which will
enable the officer to
identify the accused
(Nachura, Reviewer
in Political Law, p.
73)

Commissioner of Immigration
and Deportation may issue
warrant only for purpose of
carrying out a final decision of
deportation (CID v. Judge De la
Rosa, 197 SCRA 853) or there is
sufficient proof of guilt of an
alien (Harvey v. DefensorSantiago, G.R. No. 82544, June
28, 1988).

Exclusionary Rule Evidence obtained in


violation of Sec. 2, Art. III, shall be
inadmissible for any purpose in any
proceedings (Fruit of a Poisonous Tree
Doctrine) (Stonehill v. Diokno, 20 SCRA
383)
Warrantless Arrest, When Valid
1. when person to be arrested has
committed, is actually committing,
or is attempting to commit an
offense;
2. when
a. an offense has just been
committed; and
b. he has probable cause to believe
based on personal knowledge of
facts or circumstances that the

person to be arrested has


committed it; and
3. when a person to be arrested is an
escapee or detention prisoner. (Sec.
5, Rule 113, Revised Rules of
Criminal Procedure)
- An application for or admission to bail
shall not bar the accused from
challenging the validity of his arrest,
provided that he raises them before
entering
his
plea.
(Sec.
26,
Rule 114, Revised Rules of Criminal
Procedure)
Warrantless Searches, When Valid:
1. when right has been voluntarily
waived (People v. Malasugui, 63 Phil
221);
2. as an incident to a lawful arrest,
provided search is contemporaneous
to arrest and within permissible area
of search (see Sec. 13, Rule 126,
Revised
Rules
on
Criminal
Procedure);
a valid arrest must precede the
search; the process cannot be
reversed. (People v. Chua Ho
San, 308 SCRA 432).
3. searches of vessel and aircraft for
violation of fishery, immigration and
customs laws (Roldan v. Arca, 65
SCRA 336);
4. searches of automobiles at borders
or constructive borders for violation
of immigration and smuggling laws
(Papa v. Mago, 22 SCRA 857);
5. Inspection of buildings and other
premises for the enforcement of
fire,
sanitary
and
building
regulations;
6. Visual
search
at
checkpoints
(Valmonte vs. de Villa, 178 SCRA
211);
7. Conduct of areal target zoning and
saturation drive in the exercise of
military powers of the President
(Guazon v. de Villa, 181 SCRA 623);
8. When there is a genuine reason to
stop-and-frisk in the light of the
police officers experience and
surrounding conditions to warrant a
belief that the person detained has
weapons concealed (Malacat v.
Court of Appeals, G.R. No. 123595,

December 1, 1997 citing Terry vs.


Ohio); and
9. Where prohibited articles are in
plain view (Chia v. Actg. Collector of
Customs, 177 SCRA 755)
Plain View Doctrine objects within the
sight of an officer who has the right to
be in a position to have that view are
subject to seizure and may be presented
as evidence (open to the eye and hand).
Elements:
a. a prior valid intrusion based on
the valid warrantless arrest in
which the police are legally
present in the pursuit of their
official duties;
b. the evidence was inadvertently
discovered by the police who
have the right to be where they
are;
c. the
evidence
must
be
immediately apparent;
d. plain view justified mere seizure
of evidence without further
search. (People v. Bolasa, GR No.
125754, Dec.22, 1999).
IV. PRIVACY OF COMMUNICATION AND
CORRESPONDENCE
(SEC. 3(1), ART. III]
Limitations:
1. by lawful order of the court;
2. public safety or public order requires
otherwise, as may be provided by
law (Sec. 3, Art. III).
V. FREEDOM OF EXPRESSION
(SEC. 4, ART. III)
Aspects:
1. freedom from censorship or prior
restraint;
2. freedom
from
subsequent
punishment.
Tests
for
Valid
Government
Interference to Freedom of Expression:
1. Clear and present danger rule
when words are used in such
circumstance and of such nature as
to create a clear and present danger
that will bring about substantive evil

that State has right to prevent


(Schenck v. U.S., 249 US 97);
a. clear causal connection with
the danger of the substantive
evil arising from the utterance
questioned; and
b. present time element,
identified with imminent and
immediate danger; the danger
must not only be probable, but
very likely inevitable (Gonzales
v. Comelec, 27 SCRA 835).
2. Dangerous tendency rule words
uttered create a dangerous tendency
of an evil which the State has a right
to prevent (Cabansag v. Fernandez,
102 Phil. 502);
3. Balancing of interest rule when
particular conduct is regulated in
interest of public order, and the
regulation results in an indirect,
conditional, partial abridgment of
speech, the duty of the courts is to
determine which of the 2 conflicting
interests demands the greater
protection under the particular
circumstances presented (American
Communications
Association
v.
Douds, 339 US 282).
Assembly and Petition:
The right to assemble is not
subject to prior restraint and
may not be conditioned upon the
prior issuance of a permit or
authorization
from
the
government
authorities.
However, the right must be
exercised in such a way as will
not prejudice the public welfare
(De la Cruz v. Court of Appeals,
G.R. Nos. 126183 &129221,
March 25, 1999).

If assembly is to be held at a
public place, permit for the use
of such place, and not for the
assembly itself may be validly
required.
Power of local
officials is merely for regulation
and
not
for
prohibition.
(Primicias v. Fugoso, 80 Phil 71)

Permit for public assembly is not


necessary if meeting is to be
held in:
a. a private place;
b. the campus of a governmentowned
or
operated
educational institution; or
c. a freedom park. [B.P. Blg.
880 (The Public Assembly Act
of 1985)].
VI. FREEDOM OF RELIGION
(SEC. 5, ART. III)
1.

2.

Non-establishment clause
Scope:
a. State cannot set-up church;
b. Cannot pass laws which aid one
religion, all religions or prefer
one over another;
c. Nor influence a person to go to
or remain away from church
against his will; nor
d. Force him to profess a belief or
disbelief in any religion (Martin,
Reviewer in Political Law, p.
39)
Freedom of religious belief and
worship
Dual aspect of freedom of religious
belief and worship:
a.
b.

Freedom to believe absolute;


and
Freedom to act on ones belief
subject to regulation.

VII. LIBERTY OF ABODE


(SEC. 6, ART. III)
Limitations:
1. Liberty of abode - lawful order of
the court
2. Right to travel
a. In the interest of national
security, public safety, public
health, as may be provided by
law;
b. any person on bail (Silverio vs.
CA, G.R. No. 94284. April 8,
1991.)

VIII. RIGHT TO INFORMATION


(SEC. 7, ART. III)
Rights guaranteed:
1. Right to information to matters of
public concern; and
2. Corollary right of access to official
records and documents.
These are political rights that
are available to citizens only.
(Bernas, Philippine Constitution,
p. 85)
IX. RIGHT TO FORM ASSOCIATIONS (SEC.
8, ART. III

Right to form association shall


not be impaired without due
process of law;

Also guarantees the right not to


join an association.

X. NON-IMPAIRMENT OF
CONTRACTS (SEC. 10, ART. III)
Impairment anything that diminishes
the efficacy of contract
Limitations:
1. police power prevails over
contracts.
2. eminent domain may impair
obligations of contracts.
3. taxation cannot impair obligation
of contracts.
XI. RIGHTS OF AN ACCUSED UNDER
CUSTODIAL INVESTIGATION
(SEC. 12, ART. III
1. right to be informed of his right to
remain silent and to counsel;
Rationale:
a. to make him aware of it;
b. to overcome the inherent
pressure
of
the
interrogating atmosphere;
and
c. to show the individual
that his interrogators are

prepared to recognize his


privilege should he choose
to invoke it.
Carries
the
correlative
obligation on the part of the
investigator to explain, and
contemplates
effective
communication which results in
the subject understanding what is
conveyed (People v. Agustin, 240
SCRA 541).
2.

right to be reminded that if he


waives his right to remain silent,
anything he says can and will be
used against him;
- Rationale:
a. to warn him of the
consequences of waiving
his right to remain silent;
and
b. to make him aware that
this is an adversary
system, and the police are
not acting in his interest.

3. right to remain silent;


4. right to have competent and
independent counsel preferably of
his own choice;
- Rationale:
a. to mitigate the dangers
of untrustworthiness in
his testimony, since the
inherent
pressure
initially overcome by the
right to remain silent
may again run unless
coupled with the right to
counsel;
b. to lessen the possibility
of coercion by the
police.
preferably of his own choice
does not mean that the
choice of a lawyer is
exclusive as to preclude
other equally competent
and
independent
attorneys from handling
the defense (People v.
Barasina, 229 SCRA 450).

5. right to be provided with counsel,


if the person cannot afford the
services of former;
Rationale:
a. to inform him that if he
does not have counsel or
cannot afford one, he
does not have to defend
himself alone;
b. to inform him that his
poverty is no reason why
he should lose his right to
counsel.
While the choice of the
lawyer is naturally lodged in the
police investigators, the suspect
has the final choice as he may
reject the counsel chosen for him
and ask for another one (People v.
Jerez, G.R. No. 114385, January
19, 1998).
6. no force, etc. which vitiates free
will shall be used;
7. secret detention places, etc., are
prohibited;
8. confessions/admissions obtained
in violation of these rights are
inadmissible as evidence.
What is sought to be avoided
by the rule is the evil of
extorting from the very mouth
of the person undergoing
interrogation
for
the
commission of an offense the
very evidence with which to
prosecute and thereafter to
convict him (People v. Bonola,
G.R. No. 116394, June 19,
1997).
When available
the rights under Sec.12, Art. III are
available when the investigation is
no longer a general inquiry unto an
unsolved crime but has begun to
focus on a particular suspect, the
suspect has been taken into police
custody, the police carry out a
process of interrogation that lends
itself to eliciting incriminating

statements (People v. Mara, 55 SCAD


418).

Sec. 2 of RA No. 7438 provides that


custodial investigation shall include
the practice of issuing an invitation
to a person who is under
investigation in connection with an
offense he is suspected to have
committed.

What rights may be waived:


1. the right to remain silent;
2. the right to counsel.
Waiver must be in writing and in the
presence of counsel.
What rights cannot be waived:
1. the right to be informed of his right
to remain silent and to counsel;
2. the right to counsel when making the
waiver of the right to remain silent
or to counsel.
Rights of Person Suspected and
Subsequently Charged:
1. Before
case
is
filed
in
court/prosecutor for preliminary
investigation but after being put into
custody to or otherwise deprived of
liberty, and on being interrogated by
police:
a. to remain silent;
b. to be informed thereof;
c. not to be subjected to force,
violence, threat, or intimidation
which vitiates free will;
d. to have evidence obtained in
violation
of
these
rights
inadmissible as evidence.
2. After the case is filed in court:
a. to refuse to be witness against
himself;
b. not to have prejudice imputed
on him as a result of such
refusal;
c. to testify on his behalf;
d. to cross-examination;
e. while testifying, to refuse
questions
which
tend
to
incriminate him for some crime
other than present charge.

XII. RIGHT TO BAIL


(SEC. 13, ART. III)
BAIL
- security given for the release of a
person in custody of law, furnished by
him or a bondsman, to guarantee his
appearance before any court as
required under conditions specified
under the rules of court. (see Sec. 1,
Rule 114, Revised Rules of Criminal
Procedure).
- The right to bail may be invoked
once detention commences even if
no formal charges have yet to be
filed (Teehankee v. Rovira, 75 Phil.
634).
- Suspension of the writ of habeas
corpus does not suspend right to bail
[Sec.13, Art.III].
- Even when the accused has
previously jumped bail, still he
cannot be denied bail before
conviction if it is a matter of right.
The remedy is to increase the
amount of bail. (Sy Guan v. Amparo,
G.R. No. L-1771.
December 4,
1947);
BAIL, A MATTER OF RIGHT
(RULE 114, SEC. 4)
All persons in custody shall be admitted
to bail as a matter of right, with
sufficient sureties, or be released on
recognizance as prescribed by law or
this rule:
(a.) Before or after conviction by
the MTC, and
(b.) Before conviction of the RTC
of an offense not punishable
by death, reclusion perpetua
or life imprisonment.

6. weight of evidence against him;


7. probability of his appearance at
trial;
8. forfeiture of other bail;
9. whether he was a fugitive from
justice when arrested ; and
10. pendency of other cases where he is
on bail.

BAIL, WHEN DISCRETIONARY


(RULE 114, SEC. 5)
Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or
life imprisonment, the court, on application,
may admit the accused to bail.
The court, in its discretion, may allow the
accused to continue on provisional liberty
after the same bail bond during the period to
appeal subject to the consent of the
bondsman.
If the court imposed a penalty of
imprisonment exceeding 6 years but not more
than 20 years, the accused shall be denied
bail, or his bail previously granted shall be
cancelled, upon showing by the prosecution,
with notice to the accused, of the following
or other similar circumstances:
(a) that the accused is a recidivist, quasirecidivist, or habitual delinquent, or has
committed the crime aggravated by the
circumstance of reiteracion;
(b) that the accused is found to have
previously
escaped
from
legal
confinement, evaded sentence, or has
violated the conditions of his bail
without valid justification;
(c) that the accused committed the offense
while on probation, parole, or under
conditional pardon;
(d) that the circumstances of the accused or
his case indicate the probability of flight
if released on bail; or
(e) that there is undue risk that during the
pendency of the appeal, the accused
may commit another crime.

Hearing: whether bail is a matter of


right or of discretion, reasonable notice
of hearing is required to be given the
prosecutor, or at least he must be asked
for his recommendation, because in
fixing the amount of bail, the judge is
required to take into account a number
of factors (Cortes v. Judge Catral, A.M.
No. RTJ-97-1387, September 10, 1997).
Standards for fixing amount of bail:
1. financial ability of accused;
2. nature and circumstances of offense;
3. penalty for offense;
4. character and reputation of accused;
5. age and health of accused;

Excessive bail shall not be required.


(Sec. 9, Rule 114, Revised Rules of
Criminal Procedure)
WHEN BAIL SHALL BE DENIED
(RULE 114, SEC. 7)

No person, regardless of the stage of the


criminal prosecution, shall be admitted to
bail if:
(a.) charged with a capital offense, or
an offense punishable by reclusion
perpetua or life imprisonment; AND
(b.) evidence of guilt is strong.

When the accused is charged with an


offense punishable by reclusion
perpetua or higher, a hearing on the
motion for bail must be conducted
by the judge to determine whether
or not the evidence of guilt is strong
(Baylon v. Judge Sison, 243 SCRA
284).

Without a hearing, the judge could


not possibly assess the weight of the
evidence against the accused before
granting the latters application for
bail (Buzon v. Judge Velasco, 253
SCRA 601).
XIII. RIGHTS OF THE ACCUSED
(SEC. 14, ART. III)
1. Criminal Due Process:
a. accused to be heard in court of
competent jurisdiction;
b. accused proceeded against under
orderly processes of law;
c. accused
given
notice
and
opportunity to be heard;
d. judgment rendered was within
the authority of constitutional
law.
2.

Presumption of Innocence

Speedy free from vexatious,


capricious
and
oppressive
delays;
Impartial accused entitled to cold
neutrality of an impartial judge.
Public to prevent possible abuses
which may be committed
against the accused.

- Every circumstance favoring the


innocence of the accused must be
taken into account;
- The proof against him must
survive the test of reason; the
strongest suspicion must not be
permitted to sway judgment.
(People v. Austria, 195 SCRA 700)
6.
Equipoise
or
Equiponderance
of
Evidence evidence of both sides are
equally balanced.
Effect
in
criminal
prosecution:
acquittal of accused because it is
insufficient to overcome presumption of
innocence.
3.

4.

Right to be heard by himself and


counsel
The accused is amply accorded
legal assistance extended by a
counsel who commits himself to
the cause of the defense and
acts accordingly; an efficient
and
truly
decisive
legal
assistance, and not simply a
perfunctory
representation
(People v. Bermas, G.R. No.
120420, April 21, 1999).
Right to counsel during the trial
is not subject to waiver (Flores
v. Ruiz, 90 SCRA 428).
Right to be informed of nature and
cause of accusation against him;
Description not designation of
the offense is controlling.

Void-for-vagueness rule accused is


denied the right to be informed of the
charge against him, and to due process
as well, where the statute itself is
couched in such indefinite language that
it is not possible for men of ordinary
intelligence to determine therefrom
what acts or omissions are punished and,
hence shall be avoided (Nachura,
Reviewer in Political Law, p. 131).
5.

Right to speedy, impartial and


public trial;

Right to meet witness face to face

Witnesses not submitted for

7.

8.

cross-examination not admissible


as evidence;
Right to cross-examination may
be waived.

Right to compulsory process to


secure attendance of witnesses
and production of evidence;
Trial in absentia
after arraignment;

due notice;
absence is unjustified.
XIV. HABEAS CORPUS
(SEC. 15, ART. III)
WRIT OF HABEAS CORPUS
writ issued by court directed to
person
detaining
another,
commanding him to produce the
body of the prisoner at designated
time and place, with the day and
cause of his capture and detention,
to do, to submit to, and to receive
whatever court or judge awarding
writ shall consider in his behalf.
(Nachura, Reviewer in Political Law,
p. 135).

Habeas corpus lies only where the


restraint of a persons liberty has
been judicially adjudged to be illegal
or unlawful (In Re: Petition for
Habeas Corpus of Wilfredo S.
Sumulong-Torres, 251 SCRA 709).
XV.RIGHT TO SPEEDY DETERMINATION
OF CASES
(SEC. 16, ART. III)

all persons shall have the right to


speedy disposition of cases before
judicial,
quasi-judicial
and
administrative bodies.
XVI. SELF-INCRIMINATION
(SEC. 17, ART. III)
Availability:
not only in criminal
proceedings, but also in all other
government proceedings, including
civil actions and administrative or
legislative investigations.
May be
claimed not only by accused but by
witness to whom an incriminating
question is addressed.
Scope:
applies only to testimonial
compulsion
and
production
of
documents, papers and chattels in
court except when books of account
are to be examined in exercise of
power of taxation and police power.

to labor for another, whether he is


paid or not.
General Rule: No involuntary Servitude
shall exist.
Except:
1. as punishment for a crime whereof
one has been duly convicted [ Sec.
18(2), Art. III];
2. service in defense of the state [Sec
4, Art. II];
3. naval enlistment (Robertson v.
Baldwin, 165 US 275);
4. posse comitatus (US v. Pompeya, 31
Phil. 245)
5. return to work order in industries
affected
with
public
interest
(Kaisahan ng Mangagawa sa Kahoy v.
Gotamco Sawmills, G.R. No. L-1573.
March 29, 1948); and
6. patria potestas [Art. 211, par.(2), FC]
XIX. PROHIBITED PUNISHMENTS
(SEC. 19, ART. III)

Transactional Immunity Statute


testimony of any person or whose
possession of documents or other
evidence necessary or convenient to
determine
the
truth
in
any
investigation conducted is immune from
criminal prosecution for an offense to
which such compelled testimony relates
[Sec. 18 (8), Art. XIII].

Prohibited punishment - mere severity


does not constitute cruel or unusual
punishment. To violate constitutional
guarantee, penalty must be flagrant
and
plainly
oppressive,
disproportionate to nature of offense as
to shock senses of community.

Use and Fruit Immunity Statute


prohibits the use of a witness
compelled testimony and its fruits in
any manner in connection with the
criminal prosecution of the witness
(Galman v. Pamaran, 138 SCRA 274).

- No person shall be imprisoned for


debt or non-payment of poll tax.

XVII. NON-DETENTION BY REASON OF


POLITICAL BELIEFS OR ASPIRATION
[SEC. 18 (1), ART. III]
No person shall be detained by
reason of his political beliefs or
aspirations
XVIII. INVOLUNTARY SERVITUDE [SEC.
18 (2), ART. III]

Condition
where
one
is
compelled by force, coercion, or
imprisonment, and against his will,

XX. NON-IMPRISONMENT FOR DEBTS


(SEC. 20, ART. III)

Coverage:
1. Debt any civil obligation arising
from a contract.
2. Poll Tax a specific sum levied upon
any person belonging to a certain
class without regard to property or
occupation (e.g. Community Tax )

A Tax is not a debt since it is an


obligation arising from law hence its
non-payment maybe validly punished
with imprisonment.

XXI. DOUBLE JEOPARDY


(SEC. 21, ART. III)
Requisites:

1.
2.
3.
4.

valid complaint or information;


filed before competent court;
to which defendant has pleaded;
and
defendant was previously acquitted
or convicted or the case dismissed
or otherwise terminated without his
express consent (People v. Ylagan,
58 Phil 851)

Two types:
1. No person shall be twice put in
jeopardy of punishment for the same
offense;
2. If an act is punishable by a law and
an ordinance, conviction or acquittal
under either shall constitute a bar to
another prosecution for the same
act.

Dismissal of action, when made at


instance of the accused, does not
put accused in first jeopardy,
except:
a. when ground for dismissal is
insufficiency of evidence; or
b. when the proceedings have been
unreasonably prolonged as to
violate the right of the accused
to a speedy trial.

Crimes covered:
1. same offense; or attempt to commit
or frustration thereof or for any
offense which necessarily includes or
is necessarily included in the offense
charged in original complaint or
information; and
2. when an act is punished by a law and
an ordinance, conviction or acquittal
under either shall bar another
prosecution for the same act.

Doctrine of Supervening Event


prosecution for another offense
if
subsequent
development
changes character of the first
indictment under which he may
have already been charged or
convicted.

Conviction of accused shall NOT bar


another prosecution for an offense
which necessarily includes the offense
originally charged when:

1. graver offense developed due to


supervening facts arising from the
same act or omission;
2. facts constituting graver offense
arose or discovered only after filing
of former complaint or information;
and
3. plea of guilty to lesser offense was
made without the consent of
prosecutor or offended party (People
v. Judge Villarama, 210 SCRA 246).
Reopening of Kuratong Baleleng Cases:
The new rule (Rule117, Sec 8) has fixed a
time-bar of one year or two years for the
revival of criminal cases provisionally
dismissed with the express consent of
the accused and with a priori notice to
the offended party.

The time-bar cannot be applied


retroactively in 1999 when the cases
were dismissed for to so, the state
shall effectively have less than two
years to reopen the case because the
rule only took effect in December
2000. This would prevent absurd
results and injustice to the Sate.
(People, et al. vs. Panfilo Lacson,
G.R. No. 149453, April 1, 2003)

XXII. EX POST FACTO LAW AND BILL OF


ATTAINDER
(SEC. 22 ART. III)
EX POST FACTO LAW
Kinds:
1.
law making an act criminal which
was not before its passage;
2.
law aggravating penalty for
crime committed before passage;
3.
law inflicting greater or more
severe penalty;
4.
law altering legal rules of
evidence and receive less or
different
testimony
than
law
required at time of commission, in
order to convict accused;
5.
law assuming to regulate civil
rights and remedies only, in effect
imposes a penalty
6.
of deprivation of right for
something which when done was
lawful;
7.
law depriving accused of some lawful
protection to which he had been

entitled, such a protection of a


former conviction or acquittal, or a
proclamation of amnesty.
Characteristics:
1. refers to criminal matters;
2. retroactive; and
3. prejudice the accused.
BILL OF ATTAINDER - legislative act that
inflicts punishment without trial;
legislative declaration of guilt.
Article IV : CITIZENSHIP
I. CITIZENSHIP
- membership in a political
community which is personal and more
or less permanent in character.
Modes of acquiring citizenship:
1. By birth
a. jus sanguinis; and
b. jus soli;
2. By naturalization;
3. By marriage
Citizens of the Philippines (Sec. 1, Art.
IV):
1. Those who are Filipino citizens at
time of adoption of the 1987
Constitution;
a. Those who are citizens under the
Treaty of Paris;
b. Those declared citizens by
judicial declaration applying the
jus soli principle, before Tio
Tiam v. Republic (25 April 1957,
G.R. No. L-9602);
c. Those who are naturalized in
accordance with law (Act 2927);
d. Those who are citizens under the
1935 Constitution;
e. Those who are citizens under the
1973 Constitution.
2. Those whose fathers or mothers are
citizens of the Philippines;
3. Those born before January 17, 1973,
of Filipino mothers, who elect
Philippines citizenship upon reaching
the age of majority;
Time to elect: 3 years after age
of majority

4.

Those naturalized in accordance


with law.
Caram Rule under the 1935
Constitution, those born in the
Philippines of foreign parent, who
before
the
adoption
of
the
Constitution had been elected to
public office in the Philippines, are
considered Filipino citizens.
FPJ Disqualification Case: The 1935
Constitution, during which regime
respondent FPJ has seen first light,
confers citizenship to all persons
whose fathers are Filipino citizens
regardless of whether such children
are legitimate or illegitimate (Tecson
vs. Comelec, G.R. No. 161434.
March 3, 2004)

Natural Born Citizens (Sec. 2, Art. IV)


1. Citizens of the Philippines from birth
without having to perform any act to
acquire or perfect their Philippine
citizenship;
2. Those born before January 17, 1973
of Filipino mothers, who elect
Philippine citizenship upon reaching
the age of majority
Who Must Be Natural Born Citizens
a.President [Sec.2, Art. VII];
b. Vice President [Sec.3, Art. VII];
c.Members of Congress [Sec.3 & 6,
Art. VI];
d. Justices of the Supreme Court
and lower collegiate courts [Sec.
7(1), Art. VIII];
e. Ombudsman and his deputies
[Sec.8, Art.XI];
f. Constitutional
Commissions
[Secs.1(1) of Arts. IX-B, IX-C, and
IX-D];
g.Members of the governing board of
the Central Monetary Authority
[Sec.20, Art. XII];
h. Chairman and members of the
Commission of Human Rights
[Sec.17(2), Art.XIII].
II. NATURALIZATION
Qualifications for Naturalization:
1. not less than 18 years of age on date
of hearing of petition (as amended
by RA 6809);

2. resided in the Philippines for not less


than 10 years; may be reduced to 5
years, if:
a.honorably held office in the
Philippines;
b. established new industry or
introduced a useful invention;
c.married to a Filipino woman;
d. engaged as teacher in Philippine
public or private school not
established
for
exclusive
instruction
to
particular
nationality or race, or in any of
branches
of
education
or
industry for a period of not less
than 2 years; and
e. born in the Philippines;
3. character:
a.good moral character;
b.believes in the Constitution;
c. conducted
himself
in
an
irreproachable conduct during his
stay in the Philippines;
4. Own real estate in the Philippines
not less than P5,000 in value; or
have
some
lucrative
trade,
profession or lawful occupation that
can support himself and his family;
5. Speak and write English or Filipino
and any principal Philippine dialects;
(as amended by Sec. 6 Art. XIV); and
6. Enrolled minor children in any public
or private school recognized by
government where Philippine history,
government and civics are taught as
part of curriculum, during the entire
period of residence prior to hearing
of petition.
Declaration of Intention must be filed
with the Office of the Solicitor General
one year before filing of application for
naturalization.
Exception:
a.Those born in the Philippines and
received primary and secondary
education in a Philippine school;
b.Those who have resided in the
Philippines for thirty years;
c. The widow or children of the
applicant who died before his
application was granted.

Disqualification for Naturalization:


a. opposed
to
organized
government or affiliated
with any association or group
of persons who uphold and
teach doctrines opposing all
organized governments;
b. defending
or
teaching
necessity or propriety of
violence, personal assault or
assassination for the success
or predominance of their
ideas;
c. polygamists or believers in
polygamy;
d. suffering
from
mental
alienation
or
incurable
contagious disease;
e. convicted of crime involving
moral turpitude;
f. who during residence in the
Philippines have not mingled
socially with Filipinos, or not
evinced sincere desire to
learn and embrace customs,
traditions and ideals of
Filipinos;
g. citizens or subjects of
nations with whom the
Philippines is at war, during
the period of such war;
h. citizens or subjects of
foreign country whose laws
do not grant Filipinos right to
become naturalized citizens
or subjects thereof (no
reciprocity).
Effects of Naturalization :
1. ON THE WIFE
vests citizenship on wife who
might
herself be lawfully
naturalized; She need not prove
her qualifications but only that
she is not disqualified. (Moy Ya
Lim Yao v. Comm. of Immigration,
41 SCRA 292).

2. ON THE MINOR CHILDREN

(i) If born in the Philippines


automatically becomes a citizen;
If born abroad

If born before the naturalization


of
the father
(ia) residing in RP at the
time of naturalization
automatically becomes
citizen;
(ib) if not residing in RP at
the
time
of
naturalization

considered citizen only


during minority, unless
begins
to
reside
permanently
in
the
Philippines;
(ii) If born born outside the
Philippines after parents
naturalization
considered
Filipino, provided registered
as
such
before
any
Philippines consulate within
1 year after attaining
majority age and takes oath
of allegiance.
Grounds for Denaturalization:
a) naturalization
certificate
obtained
fraudulently
or
illegally;
b) if, within 5 years, he returns to
his native country or to some
foreign country and establishes
residence therein;
c) naturalization obtained through
invalid declaration of intention;
d) minor children failed to graduate
through the fault of the parents
either by neglecting support or
by transferring them to another
school; and
e) allowing himself to be used as
dummy.
Effects of Denaturalization:
a) If ground affects intrinsic
validity
of
proceedings,
denaturalization shall divest
wife and children of their
derivative
naturalization;
and
b) If the ground is personal, the
wife and children shall retain
citizenship.

Doctrine of Indelible Allegiance an


individual may be compelled to
retain
his
original
nationality
notwithstanding that he has already
renounced or forfeited it under the
laws of the second state whose
nationality he has acquired.
III. LOSS OF PHILIPPINE CITIZENSHIP:
(CA 63) (C2 RAND)
1. Naturalization in a foreign country;
2. Express renunciation of citizenship
(expatriation);
The
mere
application
or
possession of an alien certificate
of registration does not amount
to renunciation (Mercado vs.
Manzano, G.R. No. 135083, May
26, 1999)
3. Subscribing to an oath of allegiance
to constitution or laws of foreign
upon attaining of 21 years of age;
Citizens
may
not
divest
citizenship when Philippines is at
war.
4. Rendering service to or accepting
commission in the armed forces of a
foreign country;
5. Cancellation
of
certificate
of
naturalization;
6. Having been declared by final
judgment a deserter of Philippines
Armed Forces in times of war.
General Rule: Res judicata does not
set in citizenship cases.
Exception:
1. persons
citizenship
is
resolved by court or an
administrative body as a
material
issue
in
the
controversy, after a fullblown hearing;
2. with the active participation
of the Solicitor General or
his representative; and
3. finding of his citizenship is
affirmed by the Supreme
Court.

IV. REACQUISITION OF
CITIZENSHIP
1. By naturalization;
2. By repatriation;
RA 8171 is an act providing for
the repatriation of:
a. Filipino women who have
lost
their
Philippine
citizenship by marriage to
aliens and;
b. natural-born Filipinos who
have lost their Philippine
citizenship on account or
political
or
economic
necessity.
The applicant should not be a:
a. Person opposed to organized
government or affiliated
with any association or group
of persons who uphold and
teach doctrines opposing
organized government;
b. Person defending or teaching
the necessity or propriety of
violence, personal assault, or
association
for
the
predominance of their ideas;
c. Person convicted of crimes
involving moral turpitude: or
d. Person suffering from mental
alienation
or
incurable
contagious diseases.

Repatriation shall be effected by


taking the necessary oath of
allegiance to the Republic of the
Philippines and registration in
the proper civil registry and in
the Bureau of Immigration. The
Bureau of Immigration shall
thereupon cancel the pertinent
alien certificate of registration
and issue the certificate of
identification as Filipino citizen
to the repatriated citizen.

Allows the person to recover or


return to his original status
before he lost his Philippine
citizenship (Bengzon III v. HRET,
G.R. No. 142840, May 7, 2001)
3. By direct act of Congress.

RA 9225 also known as the "Citizenship


Retention and Re-acquisition Act of
2003," approved on August 29, 2003
provides that, upon taking the oath of
allegiance to the Republic:
a. Natural born citizens of the
Philippines who have lost their
Philippine citizenship by reason
of their naturalization as citizens
of a foreign country are deemed
to have re-acquired Philippine
citizenship; and
b. Natural born citizens of the
Philippines who, after the
effectivity of the said RA become
citizens of a foreign country shall
retain
their
Philippine
citizenship.
Derivative Citizenship - The unmarried
child,
whether
legitimate,
illegitimate or adopted, below
eighteen (18) years of age, of those
who re-acquire Philippine citizenship
upon effectivity of the said RA shall
be
deemed
citizens
of
the
Philippines.
V. DUAL ALLEGIANCE
(Sec. 5, Art. IV)
DUAL
CITIZENSHIP

DUAL
ALLEGIANCE

1. Arises when, as a
result
of
concurrent
application of the
different laws of
two
or
more
states, a person is
simultaneously
considered
a
national by said
states.

1. Refers
to
the
situation where a
person
simultaneously
owes, by some
positive
act,
loyalty to two or
more states.

2. Involuntary

2. Result
of
an
individuals
volition and is
prohibited by the
Constitution

Article V : SUFFRAGE
I.

SUFFRAGE
- right to vote in elections.
Who may exercise (Sec. 1, Art. V)
1. all citizens of the Philippines, not
otherwise disqualified by law;
2. at least 18 years of age
3. resided in the Philippines for at least
one year; and
4. resided in the place they propose to
vote for at least 6 months
immediately preceding the election.
II. RESIDENCE
- has dual meaning (Sec.1, Art. V):
First as a requirement of residence
in the Philippines: synonymous with
domicile
imports both intention to reside
and personal presence coupled
with conduct indicative of such
intention.
Second requirement of residence
in the place where one intends to
vote:
can mean domicile or temporary
residence
Requisites of Acquisition of Domicile by
Choice:
1. residence or bodily presence in the
new locality;
2. an intention to remain there; and
3. an intention to abandon the old
residence. (Gallego v. Verra, 73 Phil.
453)
III. THE OVERSEAS ABSENTEE VOTING
ACT OF 2003 (R.A. 9189)
1. Definition of Terms
Absentee Voting - the process by
which qualified citizens of the
Philippines abroad exercise their
right to vote;
Overseas Absentee Voter - a citizen
of the Philippines who is
qualified to register and vote
under this Act, not otherwise
disqualified by law, who is
abroad on the day of elections.
2. Coverage all citizens of the
Philippines abroad, who are not
otherwise disqualified by law, at

least eighteen (18) years of age on


the day of elections, may vote for
president, vice-president, senators
and party-list representatives.
3. Disqualifications
a. Those who have lost their
Filipino citizenship in accordance
with Philippine laws;
b. Those who have expressly
renounced
their
Philippine
citizenship
and
who
have
pledged allegiance to a foreign
country;
c. Those who have committed and
are convicted in a final judgment
by a court or tribunal of an
offense
punishable
by
imprisonment of not less than
one (1) year, including those who
have committed and been found
guilty of Disloyalty as defined
under Article 137 of the Revised
Penal Code, such disability not
having been removed by plenary
pardon or amnesty; Provided,
however, That any person
disqualified to vote under this
subsection shall automatically
acquire the right to vote upon
expiration of five (5) years after
service of sentence; Provided,
further, That the Commission
may take cognizance of final
judgments issued by foreign
courts or tribunals only on the
basis of reciprocity and subject
to the formalities and processes
prescribed by the Rules of Court
on execution of judgments;
d. An immigrant or a permanent
resident who is recognized as
such in the host country, unless
he/she
executes,
upon
registration,
an
affidavit
prepared for the purpose by the
Commission
declaring
that
he/she shall resume actual
physical permanent residence in
the Philippines not later than
three (3) years from approval of
his/her registration under this
Act. Such affidavit shall also
state that he/she has not
applied for citizenship in another
country. Failure to return shall
be the cause for the removal of

the name of the immigrant or


permanent resident from the
National Registry of Absentee
Voters and his/her permanent
disqualification to vote in
absentia.
e. Any citizen of the Philippines
abroad
previously
declared
insane
or
incompetent
by
competent authority in the
Philippines or abroad, as verified
by the Philippine embassies,
consulates or foreign service
establishments
concerned,
unless such competent authority
subsequently certifies that such
person is no longer insane or
incompetent.
Article VI : LEGISLATIVE
DEPARTMENT
I. LEGISLATIVE POWER
1. power to propose, enact, amend and
repeal laws.
2. Vested in Congress, except to the
extent reserved to the people by
provision
on
initiative
and
referendum.
The Peoples Participation in the
Government Consist of:
1. Suffrage
2. Plebiscite
a. Ratifying the Constitution
[Sec.27, Art. XVIII];
b. Approving any amendment
thereto [Sec.4, Art.XVII];
c. Approving any changes in
boundaries of LGUs,
mergers, divisions, or
abolitions of LGUs [Sec.10,
Art.X];
d. Creating
metropolitan
authorities [Sec.11, Art.X];
e. Creating autonomous regions
[Sec.18, Art.X].
3. Referendum and Initiative

Initiative power of the people to


propose amendments to the
Constitution or to propose and
enact legislation through an
election called for the purpose.
Classes of initiative:
1. Initiative on the Constitution
petition proposing amendments
to the Constitution;
2. Initiative on Statutes petition
proposing to enact a national
legislation;
3. Initiative on Local Legislation
petition proposing to enact a
regional,
provincial,
city,
municipality or barangay law,
resolution or ordinance.
Limitations:
1. power of local initiative shall not be
exercised more than once a year;
2. initiatives shall extend only to
subjects or matters which are within
the legal powers of the local
legislative bodies to enact;
3. if at anytime before the initiative is
held, the local legislative body shall
adopt in toto the proposition
presented, the initiative shall be
cancelled.
Limitation on Local Legislative Body
vis-a-vis Local Initiative:
Any proposition or ordinance
approved through an initiative and
referendum shall not be repealed,
modified or amended by the sanggunian
within 6 months from the date of
approval thereof, and may be amended ,
modified or repealed within 3 years
thereafter by a vote of of all its
members. In case of barangays, the
period shall be 18 months after approval.
(Sec. 125, RA 7160)
Indirect Initiative exercise of initiative
by the people through a proposition sent
to Congress or the local legislative body
for action.
Referendum power of the electorate
to approve or reject legislation through
an election called for that purpose.

Classes of Referendum:
1. Referendum on Statutes
petition to approve or reject an
act or law, or part thereof,
passed by Congress;
2. Referendum on Local Laws
legal process whereby the
registered voters of the local
government units may approve,
amend or reject any ordinance
enacted by the sanggunian. (Sec.
126, RA 7160 or the LGC of 1991)
II. COMPOSITION
Senate 24, elected at large by the
qualified
voters
of
the
Philippines;
House of Representatives not more
than 250 members consisting of:
a. District Representatives
elected
from
legislative
districts apportioned among
the provinces, cities and the
Metropolitan Manila area;
b. Party-list Representatives
shall constitute 20% of the
total
number
of
representatives,
elected
through a party-list system
of
registered
national,
regional and sectoral parties
or organizations.

The Party-list organization


must
represent
the
marginalized
and
underprivileged and the
nominees themselves must
comply with this qualitative
requirement (Ang Bagong
Bayani, et al. vs. Comelec
G.R. No. 147589, June 26,
2001)

DISTRICT
REPRESENTATIVE

PARTY-LIST
REPRESENTATIVE

1. Elected according
to
legislative
district by the
constituents
of
such district

1. Elected nationally,
with
party-list
organizations
garnering at least
3% of all the votes
cast for the partylist
system
entitled to 1 seat,
which is increased

according
to
proportional
representation,
but is in no way to
exceed 3 seats per
organization

2. Must be a
resident of his
legislative district
for at least 1 year
immediately
before the
election

2. No
special
residency
requirement

3. Elected
personally, i.e. by
name.

3. Voted upon by
party
or
organization. It is
only when a party
is
entitled
to
representation
that it designates
who will sit as
representative.

4. Does not lose


seat if he/she
changes party or
affiliation.

4. If he/she changes
party
or
affiliation,
loses
his seat, in which
case he/she will
be substituted by
another qualified
person
in
the
party
/
organization based
on
the
list
submitted to the
COMELEC

5. In case of
vacancy, a special
election may be
held provided
that the vacancy
takes place at
least 1 year
before the next
election.

5. In case of vacancy,
a substitution will
be made within
the party, based
on
the
list
submitted to the
COMELEC.

6. A district
representative is
not prevented
from running
again as a district
representative if
he/she lost
during the
previous election.

6. A party-list representative
cannot
sit if he ran and
lost in the previous
election.

7. A change in

7.

change

in

affiliation within
6 months prior to
election does not
prevent a district
representative
from running
under his new
party.

affiliation within
6 months prior to
election prohibits
the
party-list
representative
from sitting as
representative
under his new
party
or
organization.

III. APPORTIONMENT OF LEGISLATIVE


DISTRICT
[Sec. 5 (3) and (4), Art. VI]
1. Maintain
proportional
representation based on number
of inhabitants;
Each city with not less than
250 thousand inhabitants,
entitled to at least one (1)
representative;
Each province, irrespective
of
the
number
of
inhabitants, entitled to at
least one (1) representative.
2. Each district must be contiguous,
compact
and
adjacent.
Gerrymandering is not allowed;
Gerrymandering formation
of one legislative district out
of separate territories for
the purpose of favoring a
candidate or a party (Bernas,
Reviewer
in
Philippine
Constitution, P. 186)
3. Reapportionment within 3 years
following return of every census.
IV.

ELECTION

1. Regular second Monday of May,


every three years
2. Special (RA 6645)
No special election will be called
if vacancy occurs:
a. at least eighteen (18)
months before the next
regular election for members
of the Senate;
b. at least (1) year before the
next regular election for
Members of Congress.
The particular House of Congress
where vacancy occurs must pass

either a resolution if Congress is


in session or the Senate
President or the Speaker must
sign a certification, if Congress is
not in session,
a. declaring the existence of
the vacancy;
b. calling for a special election
to be held within 45 to 90
days from the date of the
resolution or certification.
the Senator or representative
elected shall serve only for the
unexpired term.
V. SESSIONS
[SEC. 14, ART. VI]
1. Regular convene once every year.
The fourth Monday of July until 30
days before the start of new regular
session;
2. Special
a. called by the President [Sec. 15,
Art VII];
b. to call a special election due to
a vacancy in the offices of the
President and Vice President at
10 oclock a.m. on the third day
after the vacancies [Sec. 10, Art.
VII];
c. to decide on the disability of the
President because the majority
of all the
members of the cabinet has
disputed his assertion that he
is able to discharge the powers
and duties of his office [Sec.11
par(3), Art. VII];
d. to revoke or extend the
Presidential Proclamation of
Martial Law or suspension of the
writ of habeas corpus. [Sec. 18,
Art. VII]
3. Joint sessions
a. voting separately
(i) choosing the President [Sec.
4, Art. VII];
(ii) determine Presidents
disability [Sec. 11, Art. VII];
(iii) confirming nomination of
Vice-President [Sec. 9, Art.
VI];
(iv) declaring existence of a
state of war [Sec. 23, Art.
VI];

(v)

proposing constitutional
amendments [Sec. 1, Art.
XVII].
b. voting jointly
(i.) to
revoke
or
extend
proclamation
suspending
the privilege of writ of
habeas corpus [Sec. 18, Art.
VII];
(ii.) to
revoke
or
extend
declaration of martial law
[Sec. 18, Art. VII].
4. Adjournment neither Chamber
during session, without the consent
of the other, adjourn for more than 3
days, nor any other place than that
in which the two Chambers shall be
sitting [Sec. 16 (5), Art. VI].
Adjournment Sine Die interval
between the session of one Congress and
that of another; Congress must stop the
clock at midnight of the last day of
session in order to validly pass a law.

The Senate is a continuing body


while the House is not.
VI. DISCIPLINE OF MEMBERS
[SEC. 16 (3), ART. VI]
Each house may punish its members
for disorderly behavior, and, with the
concurrence of 2/3 of all its
members, suspend (for not more
than 60 days) or expel a member.
The interpretation of the phrase
disorderly
behavior
is
the
prerogative of the House concerned
and cannot be judicially reviewed.
(Alejandrino v. Quezon, 46 Phil 83).
VII. MATTERS MANDATED BY
CONSTITUTION TO BE ENTERED
INTO THE JOURNAL
[SEC. 16 (4), ART. VI]
1. yeas and nays on third and final
reading of a bill [Sec. 26(2), Art. VI];
2. veto message of President [Sec.
27(1), Art.VI];
3. yeas and nays on re-passing a bill
vetoed by President [Sec.27(1), Art.
VI]; and

4. yeas and nays on any question at the


request of 1/5 of members present
[Sec.16(4), Art.VI].
Enrolled Bill conclusive upon courts as
regards the tenor of the measure passed
by Congress and approved by the
President (Mabanag v. Lopez Vito, 78
Phil. 1)
Journal Entry vs. Enrolled Bill
Enrolled bill prevails (Field v. Clark,
143 US 649), except to matters,
which under the Constitution, must
be entered into the Journal.
(Astorga v. Villegas, 56 SCRA 714)
VIII. CONGRESSIONAL ELECTORAL
TRIBUNALS (SET OR HRET) (SEC. 17,
ART. VI)
Composition:
1. 3 Supreme Court Justices designated
by Chief Justice; and
2. 6 members of the Chamber
concerned (Senate or HR) chosen on
the
basis
of
proportional
representation from political parties
and parties registered under the
party-list system
Senior Justice shall act as Chairman.
Power of Electoral Tribunals:
1. Sole judge of all contests relating to
the
election,
returns
and
qualification of their respective
members.(Sec. 17, Art. VI)
2. Rule-making power (Lazatin v. HRET,
168 SCRA 391)

It is independent of the Houses of


Congress and its decisions may be
reviewed by the Supreme Court only
upon showing of grave abuse of
discretion.
IX. COMMISSION ON APPOINTMENTS
(SEC. 18, ART. VI)
Composition:
12 Senators and 12 Representatives,
elected by each house on the basis
of proportional representation from
the political parties and parties and
organizations registered under the

party-list
system
represented
therein.
Senate President as ex-officio
chairman.
Chairman shall not vote except in
case of tie.

Powers:
1. Shall act on all appointments
submitted to it within 30 session
days of Congress from their
submission; and
2. Power to promulgate its own rules of
proceedings.
X. POWERS OF CONGRESS
Classification of Powers:
1. Legislative
General plenary power (Sec.1,
Art.VI);
specific power of appropriation,
taxation and expropriation;
legislative investigations;
question hour.
2. Non-Legislative includes power to:
a. canvass presidential elections;
b. declare existence of a state of
war;
c. delegation of emergency powers;
d. call
special
election
for
President and Vice-President;
e. give concurrence to treaties and
amnesties;
f. propose
constitutional
amendments
(constituent
power);
g. confirm certain appointments;
h. impeach;
i. decide the disability of the
President because majority of
the
Cabinet
disputes
his
assertion that he is able to
discharge his duties;
j. revoke or extend proclamation
of suspension of privilege of writ
of habeas corpus or declaration
of martial law (to revoke =
legislative veto)
k. power with regard to utilization
of natural resources [Sec.2, Art.
XII];

Limitations on the Powers of Congress:


1. Substantive
a. Express:
(i) bill of rights [Art. III];
(ii) on appropriations [Sec. 25
and 29 (1) and (2), Art. VI];
(iii) on taxation [Sec. 28 and 29
(3), Art. VI; Sec 4 (3), Art.
XIV];
(iv) on constitutional appellate
jurisdiction of Supreme
Court [Sec. 30, Art. VI];
(v) no law granting title of
royalty or nobility shall be
passed [Sec. 31, Art. VI];
(vi) no specific funds shall be
appropriated or paid for use
or benefit of any religion,
sect, etc., except for
priests, etc., assigned to AFP,
penal institutions, etc.
[Sec.29(2), Art.VI].
b. Implied:
(i) prohibition
against
irrepealable laws;
(ii) non-delegation of powers.
2. Procedural
a. only one subject, to be stated in
the title of the bill [Sec. 26(1),
Art. VI]; and
b. 3 readings on separate days;
printed copies of the bill in its
final
form
distributed
to
members 3 days before its
passage, except if President
certifies to its immediate
enactment to meet a public
calamity or emergency; upon its
last reading , no amendment
allowed and the vote thereon
taken immediately and the yeas
and nays entered into the
Journal [Sec. 26(2), Art. VI];
c. appropriation, revenue and tariff
bill (RAT Bills) shall originate
exclusively from the House of
Representatives (Sec. 24, Art. VI)
shall originate exclusively
from the House the
initiative for filing of RAT
Bills must come from the
House, but it does not
prohibit the filing in the
Senate a substitute bill in

anticipation of its receipt of


the bill from the House, so
long as the action by the
Senate is withheld pending
the receipt of the House bill.
(Tolentino
v.
Sec.
Of
Finance, 235 SCRA 630).
POWER OF APPROPRIATION
Appropriations Law a statute, the
primary and specific purpose of
which, is to authorize release of
public funds from treasury.
- The existence of appropriations and
the
availability
of
funds
are
indispensable
pre-requisites to
or
conditions sine qua non for the execution
of government contracts. (Comelec v.
Judge Quijano-Padilla and Photokina
Marketing Corp., G.R. No. 151992,
September 18, 2002)
Implied Limitations on Appropriation
Power:
1. must specify public purpose; and
2. sum authorized for release must be
determinate,
or
at
least
determinable.
Constitutional Limitations on Special
Appropriations Measures:
1. must specify public purpose for
which the sum was intended; and
2. must be supported by funds actually
available as certified by National
Treasurer or to be raised by
corresponding
revenue
proposal
included therein. [Sec. 25(4), Art.
VI].
Constitutional Rules on General
Appropriations Laws (Sec. 25, Art. VI)
1. Congress
may
not
increase
appropriations recommended by the
President
for
operations
of
Government;
2. Form, content and manner of
preparation of budget shall be
provided by law;
3. No provision or enactment shall be
embraced in the bill unless it relates
specifically to some particular
appropriations therein;

4. Procedure
for
approving
appropriations for Congress shall be
the same as that of other
departments in order to prevent
sub-rosa appropriations by Congress.
5. Prohibition against transfer of
appropriations
(doctrine
of
augmentation), however:
a. President;
b. Senate President;
c. Speaker of the House of
Representative;
d. Chief Justice; and
e. Heads
of
Constitutional
Commissions
may, 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.
6. Prohibitions against appropriations
for sectarian benefit; and
7. Automatic re-appropriation.
Limitations on Power of Legislative
Investigation [Sec. 21, Art. VI]
1. must be in aid of legislation;
2. in accordance with duly published
rules of procedures; and
3. right of person appearing in, or
affected by such inquiry shall be
respected.
QUESTION
HOUR
(Sec. 22, Art. VI)

LEGISLATIVE
INVESTIGATION
(Sec. 21, Art. VI)

1. As to persons who may appear


only a department
head

any person

2. As to who conducts the investigation


entire body

committees

3. As to subject matter
Matters related to
the
department
only

any matter for the


purpose
of
legislation

XI. LEGISLATIVE PROCESS


Doctrine of shifting majority: For each
House of Congress to pass a bill, only
the votes of the majority of those
present in the session, there being a
quorum, is required.
Quorum majority of each House, but a
smaller number may adjourn from day to
day and may compel the attendance of
absent Members in such manner and
under such penalties as such House may
determine [Sec. 16(2), Art. VI].
The basis for determining the
existence of a quorum in the Senate
shall be the total number of Senators
who are in the country and within
the coercive jurisdiction of the
Senate (Avelino v. Cuenco, 83 Phil
17).
Bills that must originate from the
House of Representatives:
1. Appropriations bill;
2. Revenue and tariff bills;
3. Bill authorizing increase in public
debts;
4. Bill of local application; and
5. Private bills [Sec.24, Art. VI].
Procedure for Approval of Bills:
1. Bill is approved by both chambers;
2. President approves and signs it;
3. If the President vetoes the bill,
return
bill
with
presidential
objections to the house of origin.
Veto may be overridden upon vote of
2/3 of all members of the House of
origin and other house; and
4. Presidential inaction for 30 days
from receipt of the bill: bill becomes
a law as if the same has been signed
by him
How a Bill becomes Law:
1. Approved and signed by the
President;
2. Presidential veto overriden by
2/3 vote of all members of both
Houses;

3. Failure of the President to veto


the bill and to return it with his
objections to the House where it
originated, within 30 days after
the date of receipt;
4. A bill calling a special election
for President and Vice-President
under Sec. 10, Art. VII becomes
law upon third and final reading.
PRESIDENTIAL VETO
General
Rule:
If
the
President
disapproves a bill enacted by Congress,
he should veto the entire bill. He is not
allowed to veto separate items of a bill.
Exception: Item-veto in the case of
appropriation, revenue, and tariff bills
[Sec. 27 (2), Art. VI].
Exceptions to the exception:
1. Doctrine
of
Inappropriate
Provisions a provision that is
constitutionally inappropriate for an
appropriation bill may be singled out
for veto even if it is not an
appropriation or revenue item
(Gonzales v. Macaraig, Jr., 191 SCRA
452).
2. Executive Impoundment - refusal
of the President to spend funds
already allocated by Congress for
specific purpose. It is the failure to
spend or obligate budget authority of
any type. (Philconsa v. Enriquez,
G.R. No. 113105. August 19, 1994).
Pocket Veto occurs when (1) the
President fails to act on a bill and (2)
the reason he does not return the
bill to Congress is that Congress is
not in session.
Not applicable in the Philippines
because
inaction
by
the
President for 30 days never
produces a veto even if Congress
is in recess. The President must
still act to veto the bill and
communicate
his
veto
to
Congress
without
need
of
returning the vetoed bill with his
veto message.

Article VII:
EXECUTIVE DEPARTMENT
I. ELECTION
1. Regular second Monday of May,
every six years;
2. Special
Requisites:
a. death, permanent disability,
removal
from
office
or
resignation of both the President
and the Vice President;
b. vacancies occur more than
eighteen months before the next
regular presidential election;
c. a law passed by Congress calling
for a special election to elect a
President and a Vice President to
be held not earlier than 45 days
nor later than 60 days from the
time of such call.[Sec.10,
Art.VII].
II. POWERS OF THE PRESIDENT
1. EXECUTIVE POWER power to
enforce and administer laws.
President shall have control of
all
executive
departments,
bureaus and offices. He shall
ensure that laws are faithfully
executed. (Sec. 17, Art. VII)
Until and unless a law is
declared
unconstitutional,
President has a duty to execute
it regardless of his doubts as to
its validity (faithful execution
clause) [Sec.1 and 17 Art. VII]
2. POWER OF APPOINTMENT
a. with the consent of the
Commission on Appointments
(i) heads
of
executive
departments;
(ii) ambassadors
and
other
public ministers and
consuls;
(iii) officers of the AFP from the
rank of colonel or naval
captain; and
(iv) other
ministers
whose
appointments are vested in

him by the Constitution


(Sarmiento v. Mison, GR No.
79974, December 17, 1987)
b. prior
recommendation
or
nomination by the Judicial and
Bar Council;
(i) Members of the Supreme
Court and all lower courts
(Sec.9, Art. VIII); and
(ii)
Ombudsman and his 5
deputies.
c. requiring nominations by multisectoral groups;
(i) Regional
consultative
commission (Sec. 18, Art. X);
and
(ii) Party-list
representatives,
before the Party-List Law
(Sec.7,Art. XVIII).
d. appointment of Vice-President as
member of the Cabinet;
e. appointment solely by the
President.
(i) those
vested
by
the
Constitution on the President
alone;
(ii) those whose appointments
are not otherwise provided
for by law;
(iii) those whom he may be
authorized
by
law
to
appoint; and
(iv) those other officers lower in
rank who appointment is
vested by law in the
President alone.
Appointing Procedure for those that
need CA Confirmation:
1. nomination by the President;
2. confirmation by the Commission on
Appointments;
3. issuance of commission; and
4. acceptance by appointee.
Deemed complete upon acceptance
(Lacson vs Romero, 84 Phil 740)
Limitations on Appointing Power:
1) appointments made by an
acting-President shall remain
effective unless revoked within
90 days from assumption of

office by elected President [Sec.


14, Art. VII]; and
2) President or acting-President
shall not make appointments
except temporary ones to
executive positions 2 months
immediately
before
next
Presidential elections and up to
the end of his term. Only when
continued vacancy will prejudice
public service or endanger public
safety [Sec. 15, Art. VII].
3) The spouse and relatives by
consanguinity or affinity within
the 4th civil degree of the
President shall not, during his
tenure be appointed as:
a. members of the
Constitutional Commissions;
b. member of the Office of the
Ombudsman;
c. Secretaries;
d. Undersecretaries;
e. Chairman or heads of
bureaus or offices, including
GOCC and their subsidiaries.
[Sec.13,par. 2, Art. VII]
4. The President shall have the power
to make appointments during the
recess of the Congress, whether
voluntary or compulsory, but such
appointments shall be effective only
until disapproval by the CA or until
the next adjournment of the
Congress. [Sec. 16 par.2, Art. VII]
3. POWER OF REMOVAL
General rule: this power is implied
from the power to appoint.
Exception: those appointed by him
where the Constitution prescribes
certain methods for separation from
public service.(e.g. impeachment)
4. POWER OF CONTROL
Control power of an office to:
Alter,
Modify,
Nullify, or
Set aside
what a substitute had done in
the performance of his duties
and to substitute his judgment to

that of the former (Mondano v.


Silvosa, 97 Phil, 143).

Doctrine of Qualified Political


Agency or Alter Ego Principle acts
of the Secretaries of Executive
departments when performed and
promulgated in the regular course of
business or unless disapproved or
reprobated by the Chief Executive,
are presumptively the acts of the
Chief Executive (Villena v. Secretary
of the Interior, 67 Phil 451).

5. MILITARY POWERS (SEC. 18, ART.


VIII)
a. Commander-in Chief clause
To call out the Armed Force
to prevent or suppress
lawless violence, invasion or
rebellion;
organize courts martial and
create military commissions.
b. Suspension of the Privilege of
Writ of Habeas Corpus and
Declaration of Martial Law
(i.) Grounds:
invasion
or
rebellion, when public safety
requires it.
(ii.) Duration: not more than 60
days, following which it shall
be lifted, unless extended by
Congress.
(iii.)
Duty of the President to
report to Congress: within 48
hours personally or in
writing.
(iv.)Authority of Congress to
revoke
or
extend
the
effectivity of proclamation:
by majority vote of all of its
members voting jointly.
(v.) Authority of the Supreme
Court: to inquire into the
sufficiency of the factual
basis for such action, at the
instance of any citizen.
Decision
must
be
promulgated 30 days within
its filing.
(vi.)
Proclamation does not
affect the right to bail.
(vii.) Suspension applies only
to persons facing charges of

rebellion
or
offenses
inherent in or directly
connected with invasion.
(viii.) Person arrested must be
charged within 3 days; if
not, must be released.
(ix.)
Proclamation does not
supersede civilian authority.
Effects of Proclamation of Martial Law
1. The President can:
a. Legislate;
b. order the arrest of people who
obstruct the war effort.
2. The following cannot be done:
a. suspend the operation of the
Constitution.
b. Supplant the functioning of the
civil courts and the legislative
assemblies;
c. Confer jurisdiction upon military
courts
and
agencies
over
civilians, where civil courts are
able to function.
Open Court Doctrine civilians
cannot be tried by military
courts if the civil courts are open
and functioning.
d. Automatically
suspend
the
privilege of the writ of habeas
corpus.[Sec.18, par(4), Art.VII].
Four ways for the proclamation or
suspension to be lifted:
1. lifting by the President himself;
2. revocation by Congress;
3. nullification by the Supreme Court;
4. operation of law after 60 days.
6. PARDONING POWER
(SEC. 19, ART. VII)
discretionary, may not be
controlled by the legislature or
reversed by the court, unless
there
is
a
constitutional
violation.
Limitations:
1. cannot be granted in cases of
impeachment;
2. cannot be granted in violations
of
election
laws
without
favorable recommendations of
the COMELEC;

3. can be granted only after


convictions by final judgment
(except amnesty);
4. cannot be granted in cases of
legislative contempt or civil
contempt;
5. cannot absolve convict of civil
liability; and
6. cannot restore public offices
forfeited.
Pardon act of grace which exempts
individual on whom it is bestowed
from punishment which the law
inflicts for a crime he has
committed.
Pardon Classified:
1. Plenary or partial; and
2. Absolute or conditional.
Commutation

reduction
mitigation of the penalty.

or

Reprieve postponement of sentence or


stay of execution.
Parole release from imprisonment, but
without full restoration of liberty, as
parolee is in the custody of the law
although not in confinement.
Amnesty act of grace, concurred in by
the Legislature, usually extended to
groups of persons who committed
political offenses, which puts into
oblivion the offense itself.

AMNESTY
1.

Political
offenses

2.

Classes
persons

3.

4.

PARDON
1.

Infraction
of
peace/ common
crimes

2.

individuals

Requires
concurrence of
Congress

3.

does not require


concurrence of
Congress

Public act to
which court may
take
judicial

4.

Private act which


must be pleaded
and proved

of

Whatever

notice of
5.

Looks backward
and
puts
to
oblivion
the
offense itself

5.

Looks forward
and relieves the
pardonee of the
consequence of
the offense.

6.

May be granted
even before trial

6.

Can be granted
only after
conviction.

is
not
judicial,
whatever is not legislative, is
residual power exercised by the
President (Marcos v. Manglapus,
178 SCRA 760)

7. BORROWING POWER (SEC. 20, ART.


VII)
the President may contract or
guarantee foreign loans on
behalf of the Republic with the
concurrence of the Monetary
Board,
subject
to
such
limitations as may be provided
by law.
Monetary Board shall submit to
Congress report on loans within
30 days from end of every
quarter.

12. OTHER POWERS


a. call Congress to a special session
[Sec. 15, Art. VI];
b. approve or veto bills [Sec. 27,
Art. VI];
c. deport aliens (Qua Chee Gan v.
The Deportation Board, G.R. No.
L-10280. September 30, 1963);
d. consent to deputization of
government
personnel
by
COMELEC [Sec.2 (4), Art. IX-C];
e. to discipline such deputies [Sec.
2 (8), Art. IX-C];
f. general supervision over local
government
units
and
autonomous
regional
governments (Art. X);

8. DIPLOMATIC POWER (SEC. 21, ART.


VII)
No treaty or international
agreement shall be valid and
effective unless concurred in by
at least 2/3 of all members of
Senate.

general supervision mere


overseeing of a subordinate to
make sure that they do their
duties under the law but does
not include the power to
overrule their acts, if these acts
are within their discretion.

9. BUDGETARY POWER (SEC. 22, ART.


VII)
within 30 days from opening of
every regular session, President
shall submit to Congress a
budget of expenditures and
sources of financing, including
receipts from existing and
proposed revenue measures.

g. immunity from suit during his


tenure
- deemed implied in the
Constitution (Bernas, The
1987
Constitution,
A
Commentary 2003 Ed., p
803)

10. INFORMING POWER (SEC. 23, ART.


VI)
President shall address Congress
at the opening of its regular
session. President may also
appear before it at any other
time.
11. RESIDUAL POWER

the immunity does not


however extend to nonofficial acts or for wrong
doing (Estrada vs. Desierto,
G. R. Nos. 146710-15, March
2, 2001)

h. by delegation from Congress,


exercise emergency [Sec. 23 (2),
Art. VI] and tariff powers [Sec.
28 (2), Art. VI].

Conditions for the Exercise of the


President of Emergency Powers:
1.
there must be a war or national
emergency;
2.
there must be a law authorizing
President to exercise emergency
powers;
3.
exercise must be for a limited
period;
4.
must be subject to restrictions that
Congress may provide; and
5.
exercise must be necessary and
proper to carry out a declared
national policy [Sec.23 (2), Art.VI].
Article VIII:
JUDICIAL DEPARTMENT
I. JUDICIAL POWER
- duty of courts of justice to settle
actual controversies involving rights
which are legally demandable and
enforceable, and to determine whether
or not there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of government (Sec. 1,
par.2, Art. VIII).
I

Judicial power is vested in:


1. One Supreme Court; and
2. Such lower courts as may be
established by law (Sec. 1, Art.
VIII).
Jurisdiction - power to hear and
decide a case and execute decision
thereof.
Safeguards
that
guarantee
Independence of Judiciary:
1. SC is a Constitutional body; may not
be abolished by law;
2. Members are only removable by
impeachment;
3. SC may not be deprived of minimum
and appellate jurisdiction; appellate
jurisdiction may not be increased
without its advice or concurrence;
4. SC has administrative supervision
over
all inferior courts
and
personnel;
5. SC has exclusive power to discipline
judges/justices of inferior courts;

6. Members of judiciary enjoy security


of tenure;
7. Members of judiciary may not be
designated to any agency performing
quasi-judicial
or
administrative
functions;
8. Salaries of judges may not be
reduced; judiciary enjoys fiscal
autonomy;
9. SC alone may initiate Rules of Court;
10. SC alone may order temporary detail
of judges; and
11. SC can appoint all officials and
employees of the Judiciary (Nachura,
Reviewer in Political Law, p. 199200).
II. APPOINTMENT TO THE JUDICIARY:
Qualifications
a. Chief Justice and Associate
Justices of the Supreme Court:
1. Natural-born citizen;
2. At least 40 years old;
3. 15 years or more a judge of a
lower court or engaged in
the practice of law in the
Philippines;
4. a
person
of
proven
competence,
integrity,
probity and independence.
b. Presiding Justice and Associate
Justices of the Court of
Appeals:
Same qualifications as those
provided for Justice of the
Supreme Court;
c. Regional Trial Court Judges:
1. Citizen of the Philippines;
2. At least 35 years old; and
3. Has been engaged for at
least 5 years in the practice
of law in the Philippines or
has held public office in the
Philippines
requiring
admission to the practice of
law as an indispensable
requisite.
4. a
person
of
proven
competence,
integrity,
probity and independence.

d. Metropolitan, Municipal and


Municipal Circuit Trial Court
Judges:
1. Citizen of the Philippines;
2. At least 30 years old;
3. Has been engaged for al
least 5 years in the practice
of law in the Philippines or
has held public office in the
Philippines
requiring
admission to the practice of
law as an indispensable
requisite;
4. a
person
of
proven
competence,
integrity,
probity and independence.
Procedure in Appointment:
1. Appointed by President from among
a list of at least 3 nominees
prepared by Judicial and Bar Council
for every vacancy.
2. For lower courts, President shall
issue the appointment 90 days from
submission of the list.
Tenure of Justices and Judges
a. Supreme Court hold office until
they reach 70 years of age or
become incapacitated to discharge
their duties [Sec.11, Art.VIII].
May be removed only through
impeachment.
a. Lower Courts hold office during
good behavior until they reach 70
years
of
age
or
become
incapacitated to discharge their
duties [Sec. 11, Art. VIII].
By majority vote of members
who actually took part in the
deliberation on the issues and
voted thereon, SC en banc shall
have the power to discipline
judges of lower courts or order
their dismissal.
No law shall be passed
reorganizing the Judiciary when
it undermines the security of
tenure of its members (Sec. 2,
Art. VIII).
III. JUDICIAL AND BAR COUNCIL
Composition:

Ex-officio chairman
Supreme Court Chief Justice
Ex-officio members
- Secretary of Justice
- Representative of Congress
Regular members
- Representative of the IBP;
- Professor of Law;
- Retired member of SC; and
- Representative of private sector
Secretary de officio
- Clerk of the Supreme Court

Appointment
Regular members shall be appointed
by the President for a 4 year term
with the consent of the Commission
on Appointments.
Powers and Functions of Judicial and
Bar Council:
1. Recommend appointees to the
judiciary;
2. Recommend appointees to the Office
of the Ombudsman and his 5
deputies;
3. May exercise such other functions as
may be assigned by Supreme Court.
(Sec. 8, Art. VIII)
IV. SUPREME COURT
Composition:
Chief Justice and 14 Associate
Justices
-may sit en banc or in its
discretion, in divisions of 3, 5, or 7
members.
- Any vacancy shall be filled within
90 days from occurrence thereof
Powers of the Supreme Court
1. Original Jurisdiction
Over
cases
affecting
ambassadors,
other
public
ministers and consuls;
Over petition for Certiorari,
Prohibition,
Mandamus,
Quo
Warranto, and Habeas Corpus;
and
Review of factual basis for the
declaration of martial law or

suspension of the privilege of


writ of habeas corpus.
2. Appellate Jurisdiction
Over final judgments and
orders of lower courts in
a.
all cases in which the
constitutionality
or
validity of any treaty,
international or executive
agreement,
law,
presidential
decree,
proclamation,
order,
instruction, ordinance, or
regulation is in question;
b.
All cases involving the
legality of any tax impost,
assessment, or toll, or any
penalty
imposed
in
relation thereto;
c.
All cases in which the
jurisdiction of any lower
court is in issue;
d.
All criminal cases in which
the penalty imposed is
reclusion
perpetua
or
higher;
e.
All cases in which only a
question
of
law
is
involved. [Section 5 (2),
Art. VIII.]
3.

4.

Electoral Tribunal for Presidential


and Vice-Presidential Contests
Sitting En Banc, over all contests
relating to the election, returns
and
qualification
of
the
President or Vice-President (Sec.
4(7) Article VII)
The jurisdiction of the Supreme
Court, defined by Article VII,
Section 4, paragraph 7, of the
1987 Constitution, would not
include cases directly brought
before it, questioning the
qualifications of a candidate for
the
presidency
or
vicepresidency before the elections
are held. (Tecson vs. Comelec,
G.R. No. 161434. March 3, 2004)
Temporary assignments of judges of
lower courts to others stations as
public interest may require. Not to
exceed 6 months without the
consent of the judge concerned.

5. Order change of venue or place of


trial, to avoid miscarriage of justice.
6. Rule-making power promulgates
rules concerning:
a. protection and enforcement of
constitutional rights;
b. pleading,
practice
and
procedures in all courts;
c. admissions to the practice of
law;
d. Integrated Bar of the Philippines;
and
e. legal
assistance
to
the
underprivileged.
Limitations on rule making power:
(i.) provide
a
simplified
and
inexpensive
procedure
for
speedy disposition of cases;
(ii.) uniform for all courts in the
same grade;
(iii.) shall not diminish, increase or
modify substantive rights.
7. Power of appointment
appoints all officials and
employees of the Judiciary in
accordance with Civil Service
Law;
8. Power of administrative supervision
administrative supervision over
all courts and the personnel
thereof.
mere division of the SC may
discipline a judge of the lower
court; the SC is required to
decide a case en banc only when
the dismissal of a judge is
involved.
9. Yearly report
Within 30 days from the opening
of each regular session of
Congress, SC shall submit to the
President and Congress an annual
report on the operation and
activities of the Judiciary.
V. POWER OF JUDICIAL REVIEW
Judicial Review the power of the
courts to test the validity of executive

and legislative acts in light of their


conformity with the Constitution. This is
not an assertion of superiority by the
courts over the other departments, but
merely an expression of the supremacy
of the Constitution (Angara v. Electoral
Commission, 63 Phil. 139)

Doctrine of Judicial Supremacy


1. Although holding neither purse
nor sword and so regarded as the
weakest
of
the
three
departments of the government,
the judiciary is nonetheless
vested with the power to annul
the acts of either the legislative
or the executive or of both when
not
conformable
to
the
fundamental law. (Association of
Small
Landowners
of
the
Philippines v. Secretary of
Agrarian Reform, 175 SCRA 343).
2. When the judiciary allocates
constitutional boundaries, it
neither asserts superiority nor
nullifies
an
act
of
the
Legislature. It only asserts the
solemn and sacred obligation
assigned to it by the Constitution
to determine conflicting claims
of
authority
under
the
Constitution and to establish for
the parties in an actual
controversy the rights which that
instrument
secures
and
guarantees to them. (Laurel,
Angara v. Electoral Commission,
63 Phil 139)
Requisites of Judicial Review:
1. Actual case or controversy a
conflict of legal rights, an assertion
of opposite legal claims susceptible
of judicial determination;
2. Constitutional question must be
raised by the proper party one who
has sustained or is in imminent
danger of sustaining an injury as a
result of the act complained of;
For a taxpayers suit, 2
requisites:
a. public funds are disbursed by a
political
subdivision
or
instrumentality; and

b. a law is violated or some


irregularity is committed, and
that the petitioner is directly
affected by the alleged ultra
vires act (Anti-Graft League of
the Philippines v. Court of
Appeals, 260 SCRA 250)
3. Constitutional question must be
raised at the earliest opportunity
General Rule: must be raised in
the pleadings
Exceptions:
a. criminal cases at any time
at the discretion of the
court;
b. civil cases at any stage of
the proceedings if necessary
for the determination of the
case itself;
c. every case (except where
there is estoppel ) at any
stage if it involves the
jurisdiction of the court
4. Determination of constitutionality of
the statute must be necessary to a
final determination of the case.
(People vs. Vera, 65 Phil. 56).
Therefore, the following must be
avoided:
political questions;
advisory opinions
moot and academic issues;
no standing.
Seven
Rules
of
Avoidance
of
Constitutional Questions (Brandeis, J.)
1. Friendly, non-adversary proceedings
(no vital conflict);
2. Anticipation of a question of
constitutional law in advance of the
necessity of deciding it (premature
case);
3. Formulation of a rule broader than is
required by the precise facts to
which it is applied;
4. Existence of other grounds upon
which the case may be disposed of.
(not the very lis mota);
5. Complaint made by one who fails to
show injury as to its operations (no
standing);
6. Instance of one who has availed
himself of its benefit;

7. Possibility of a construction of
statute that can avoid the resolution
of the constitutional question.
Policy of Strict Necessity (Rescue Army
Case) the court must refrain from
exercising judicial review unless all the
requisites for its exercise are fulfilled
because:
1. the danger of exercising the
function, in view of possible
consequences
for
others
stemming
also
from
constitutional roots;
2. comparative finality of those
consequences;
3. consideration
due
to
the
judgment
of
the
other
repositories of constitutional
power concerning the scope of
their authorities;
4. necessity for each to keep within
its own power;
5. inherent limitations of the
judicial process its largely
negative character, and its
limited
resources
for
enforcement;
6. withal in paramount importance
of constitutional adjudication.
Judicial Power includes:
1. duty of courts to settle actual
controversies involving rights which
are
legally
demandable
and
enforceable; and
2. to determine whether or not there
has been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on part of any branch or
instrumentality of government [Sec.
1, Art. VIII].
Grave Abuse of Discretion Amounting to
Lack of Jurisdiction capricious and
whimsical exercise of judgment. The
abuse of discretion must be patent and
gross as to amount to an evasion of
positive duty or a virtual refusal to
perform a duty enjoined by law, or to act
at all in contemplation of law, as where
the power is exercised in an arbitrary
and despotic manner by reason of
passion or hostility (Intestate Estate of
Carmen de Luna v. IAC, 170 SCRA 246).

JUSTICIABLE
QUESTION

POLITICAL
QUESTION

A
definite
and
concrete
dispute
touching on the
legal relations of
parties
having
adverse
legal
interests
which
may be resolved by
a court of law
through
the
application of a
law. (Cutaran v.
DENR, G.R. No.
134958,
January
31, 2001).

Two aspects:
Those
questions
which, under the
Constitution, are to
be decided by the
people in their
sovereign capacity;
or
in regard to which
full
discretionary
authority has been
delegated to the
legislature
or
executive branches
of
government.
(Taada v. Cuenco,
100 Phil 1101)

Functions of Judicial Review


1. checking invalidating a law or
executive act that is found to be
contrary to the Constitution;
2. legitimating upholding the validity
of the law that results from a mere
dismissal of a case challenging the
validity of the law;
rule on double negative uses the
term not unconstitutional; the
court
cannot
declare
a law
constitutional because it already
enjoys
a
presumption
of
constitutionality.
3. symbolic to educate the bench and
bar as to the controlling principles
and concepts on matters of grave
public importance for the guidance
of and restraint upon the future.
(Salonga v. Cruz Pao, 134 SCRA 438)
All courts can exercise Judicial Review
The Constitution contemplates that
the inferior courts should have
jurisdiction
in
cases
involving
constitutionality of any treaty or law
for Sec. 5 (2), Art. VIII speaks of
appellate review of final judgments
of inferior courts in cases where such
constitutionality happens to be in
issue. (J.M. Tuason and Co. v. Court
of Appeals, 3 SCRA 696).

The Constitution vests the power of


judicial review not only in the
Supreme Court but also in the RTC.
However, in all actions assailing the
validity of a statute, treaty,
presidential
decree,
order
or
proclamation and not just in
actions involving declaratory relief
and similar remedies, notice to the
Solicitor General is mandatory, as
required in Sec. 3, Rule 64 of the
Rules of Court. The purpose of this
mandatory notice is to enable the
Solicitor General to decide whether
or not his intervention in the action
is necessary (Mirasol v. Court of
Appeals, G.R. No. 128448, February
1, 2001)

Period for Decision (Sec. 15, Art. VIII)


All cases filed after the effectivity of
the Constitution must be decided or
resolved,
from
the
date
of
submission, within:
a. SC 24 months
b. Lower Collegiate Courts 12
months, unless period is reduced
by SC;
c. All other lower courts 3 months
unless period is reduced by SC
In case of delay:
A certification to be signed by
the Chief Justice or Presiding
Justice shall be issued stating
the reason for the delay.
Court, without prejudice to such
responsibilities as may have been
incurred in consequence thereof
shall decide or resolve the case
or matter submitted to it
without further delay, despite
expiration of mandatory period.
Court does not lose jurisdiction
over the case, despite the lapse
of the mandatory period.
Erring judge or justice may be
subjected
to
administrative
sanctions for the delay.
Effect
of
Declaration
Unconstitutionality
The law is either :

of

1. void if on its face it does not enjoy


any presumption of validity because
it is patently offensive to the
Constitution. It produces not effect,
creates no office and imposes no
duty. (Igot v. Comelec, 95 SCRA 392)
2. voidable if on its face it enjoys the
presumption of constitutionality. The
laws becomes inoperative only upon
the judicial declaration of its
invalidity; the declaration produces
no retroactive effect. (Serrano de
Agbayani v. PNB, 38 SCRA 429)

Art. 7, NCC is the orthodox view on


the matter.
Requisites before a Law can be
Declared Partially Unconstitutional:
1) the legislature must be
willing to retain valid portion
(separability clause); and
2) the valid portion can stand
independently as law.
Article IX :
CONSTITUTIONAL COMMISSIONS

Independent Constitutional
Commissions:
1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (COA)
Prohibitions and Inhibitions
No member of a Constitutional
Commission shall, during his tenure:
1. hold
any
other
office
or
employment;
2. engage in the practice of any
profession
3. engage in the active management
and control of any business which in
any way may be affected by the
functions of his office
4. be financially interested, directly or
indirectly, in any contract with, or in
any franchise or privilege granted by
the Government, any of its
subdivisions,
agencies
or
instrumentalities,
including
government-owned and controlled
corporations or their subsidiaries.

Safeguards
that
guarantee
Independence of Commissions:
1.
they
are
constitutionally
created; may not be abolished by
statute;
2. each is expressly described as
independent;
3. each is conferred certain powers and
functions which cannot be reduced
by statute;
4. the Chairmen and members cannot be
removed except by impeachment;
5. the Chairmen and members are given
fairly a long term of office of 7
years;
6. the Chairmen and members may not
be reappointed or appointed in an
acting capacity (Brillantes v. Yorac,
192 SCRA 358);
7. the salaries of the Chairmen and
members are relatively high and may
not be decreased during continuance
in office;
8. the
Commissions
enjoy
fiscal
autonomy;
9. each Commission may promulgate its
own procedural rules, provided they
do not diminish, increase or modify
substantive rights [though subject to
disapproval by the SC];
10. the Chairmen and members are
subject to certain disqualifications
calculated to strengthen their
integrity;
11. the Commissions may appoint their
own officials and employees in
accordance with Civil Service Law
(Nachura, Reviewer in Political Law,
p.209)
Certiorari Jurisdiction of the Supreme
Court
- Limited to decisions rendered in
actions or proceedings taken cognizance
of the Commissions in the exercise of the
adjudicatory or quasi-judicial functions.
It does not refer to purely executive
powers. Hence, questions arising from
the award of a contract for construction
of voting booths can be brought before
the trial court (Ambil vs. Comelec, G.R.
No. 143398, October 5. 2000)
I. CIVIL SERVICE COMMISSION
Composition:

1 chairman;
2 commissioners

Qualifications:
1. natural-born citizen;
2. at least 35 years old at the time
of appointment;
3. with proven capacity for public
administration; and
4. not a candidate in any election
immediately
preceding
the
appointment.
Term:
7 years without reappointment.
Scope of the Civil Service: embraces
all
branches,
subdivisions,
instrumentalities and agencies of the
Government, including governmentowned and controlled corporations with
original charters [Sec. 2(1), Art. IX-B]
Classes of Service:
a. Career service characterized
by:
1. entrance based on merit and
fitness to be determined by
competitive examination or
based on highly technical
qualifications.
2. Opportunity
for
advancement;
3. Security of tenure
Kinds:
1) open career positions prior
qualification
via
examination;
2) closed career positions
e.g., scientific or highly
technical;
3) career executive service
e.g.,
Undersecretaries,
Bureau Directors;
4) career officers appointed
by President, e.g., foreign
service;
5) positions in AFP, governed by
separate merit system;
6) personnel of GOCCs with
original charter;
7) permanent laborers, whether
skilled,
semi-skilled
or
unskilled.

b. Non-career
Service
characterized by :

1. entrance on bases other than


those of usual tests utilized
for career service.
2. Tenure limited to period.
Kinds:
1) elective officials and their
personal and confidential
staff;
2) department
heads
and
officials of cabinet rank, and
their
personal
and
confidential staff;
3) chairmen and members of
commissions and boards with
fixed terms of office and
their
personal
and
confidential staff;
4) contractual personnel or
those whose employment in
government is in accordance
with special contract for
specific work; and
5) emergency and seasonal
personnel.
Exceptions
to
requirement
competitive
examinations
determine merit and fitness):

of
(to

Policy Determining lays down principal


or fundamental guidelines or rules.
Formulates method of action.
Primarily Confidential primarily close
intimacy which insures freedom of
intercourse without embarrassment of
freedom from misgivings or betrayals
on confidential matters of state;
Or one declared to be so by
President upon recommendations
of CSC (Salazar v. Mathay, 73
SCRA 275).
Highly Technical requires possession of
technical skill or training in supreme or
superior degree. (de los Santos v.
Mallare, 87 Phil 289)
II. COMMISSION ON ELECTION
Composition:

1 chairman;
6 commissioners

Qualifications:
1. natural-born citizen;
2. at least 35 years old at the time
of appointment;
3. college degree holder ;
4. not
candidate
in
election
immediately
preceding
the
appointment; and
5. majority, including the chairman,
must be members of the
Philippine Bar who have been
engaged in the practice of law
for at least 10 years
Term:
7 years without reappointment.
If however, the appointment was ad
interim, a subsequent renewal of
the appointment does not violate the
prohibition
on
reappointments
because no previous appointment
was confirmed by the Commission on
Appointments. Furthermore, the
total term of both appointments
must not exceed the 7 year limit
(Matibag vs. Benapayo G.R. No.
149036, April2, 2002)
Powers and Functions of COMELEC:
1. enforce and administer law and
regulations relative to conduct of
elections,
plebiscite,
initiative,
referendum or recall;
2. exclusive original jurisdiction over
all contests relating to election,
returns and qualifications of all
elective regional, provincial, and
city officials.
3. Exclusive appellate jurisdiction over
all contests involving elective
municipal officials decided by RTC,
or involving elective barangay
officials by MTC;
4. Decide, except those involving right
to vote, all questions affecting
elections,
including
the
determination
of number
and
location
of
polling
places,
appointment of election officials and
inspectors and registration of voters;
5. Deputize, with concurrence of
President, law enforcement agencies
and instrumentalities for exclusive

6.

7.

8.

9.

purpose of insuring free, orderly,


honest, peaceful and credible
elections;
Register, after sufficient publication,
political parties, organizations or
coalitions which must present their
platform or program of government;
accredit citizens arms;
File upon verified complaint or motu
propio
petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate ,
prosecute cases of violations of
elections laws;
Recommend to Congress effective
measures to minimize election
spending, limitation of places and
prevent and penalize all forms of
election
frauds,
offenses,
malpractice
and
nuisance
candidates; and
Submit to President and Congress,
comprehensive reports on conduct of
each election, plebiscite, initiative,
referendum or recall.

The COMELEC's exercise of its


quasi-judicial powers is subject
to Section 3 of Article IX-C which
expressly requires that 1) all
election cases, including preproclamation controversies, shall
be decided by the COMELEC in
division, and 2) the motion for
reconsideration shall be decided
by the COMELEC en banc.
The prosecution of election law
violators involves the exercise of
the COMELEC's administrative
powers. Thus, the COMELEC en
banc can directly approve the
recommendation of its Law
Department to file the criminal
information
for
double
registration against petitioners in
the instant case. There is no
constitutional requirement that
the filing of the criminal
information be first decided by
any of the divisions of the
COMELEC. (Baytan vs. Comelec,
G.R. No. 153945, February 4,
2003)

III. COMMISSION ON AUDIT

Composition:
1 chairman;
2 commissioners.
Qualifications:
1. natural-born citizen;
2. at least 35 years old at the time
of appointment;
3. CPAs with at least 10 years
auditing experience or members
of the Bar with at least 10 years
practice of law; at no time shall
all members belong to the same
profession;
4. Not a candidate in election
immediately
preceding
appointment.
Term:
7 years without reappointment.
Powers and Duties of COA:
1. examine, audit and settle all
accounts pertaining to revenue and
receipts of, and expenditures or uses
of funds and property owned or held
in trust or pertaining to government;
2. keep
general
accounts
of
government and preserve vouchers
and supporting papers;
3. authority to define scope of its audit
and
examination,
establish
techniques and methods required
therefor; and
4. promulgate accounting and auditing
rules and regulations, including
those
for
prevention
and
disallowance.
Jurisdiction of the Commission: no law
shall be passed exempting any entity of
the Government, or any investment of
public funds, from the jurisdiction of the
Commission on Audit (Sec. 3, Art. IX-D)
Article XI:
ACCOUNTABILITY OF
PUBLIC OFFICERS
I.
1.
2.
3.

IMPEACHABLE OFFICERS:
President;
Vice-President;
Justices of the Supreme Court;

4. Chairmen and Members of the


Constitutional Commissions;
5. Ombudsman.

2. When
the
President
of
the
Philippines is on trial the Chief
Justice of the Supreme court shall
preside but shall not vote.
3. A decision of conviction must be
concurred in by at least two thirds of
all the members of the Senate.

II. IMPEACHMENT PROCESS


Grounds for Impeachment:
1. Culpable
violation
Constitution;
2. Treason;
3. Bribery;
4. Graft and Corruption;
5. Other high crimes; and
6. Betrayal of public trust.

of

the

Initiation of Impeachment Case


The House of Representatives shall
have the exclusive power to initiate
all cases of impeachment
Process of Impeachment
1. Verified Complaint filed by any
member of the house or any citizen
upon resolution of endorsement by
any member thereof
2. Included in the order of business
within 10 session days.
3. Referred to the proper committee
within 3 session days of its inclusion.
If the verified complaint is filed
by at least one third of all its
members,
the
same
shall
constitute
the
Articles
of
Impeachment, and trial by the
Senate shall forthwith proceed.
4. The Committee, after hearing, and
by majority vote of all its members,
shall submit its report to the House
together with the corresponding
resolution.
5. Placing on calendar the Committee
resolution within 10 days from
submission;
6. Discussion on the floor of the report;
7. A vote of at least one third 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.
Trial and Decision in Impeachment
proceedings
1. The Senators take an oath
affirmation.

or

Effect of Conviction:
1. Removal from Office;
2. Disqualification to hold any other
office under the Republic of the
Philippines;
3. Party convicted shall be liable and
subject to prosecution, trial and
punishment according to law.
Limitations:
1. The House of Representatives shall
have the exclusive power to initiate
all cases of impeachment.
2. Not more than one impeachment
proceeding shall be initiated against
the same official within a period of
one year
- An impeachment case is the legal
controversy that must be decided by
the Senate while an impeachment
proceeding is one that is initiated in
the House of Representatives. For
purposes of applying the-one year
bar
rule,
the
proceeding
is
initiated or begins when a
verified complaint is filed and
referred to the Committee on
Justice for action (Francisco, et al.
vs. House of Representatives, et al.
G.R. No. 160261, November 10,
2003).
III. SANDIGANBAYAN
the
anti-graft
court
shall
continue
to
function
and
exercise its jurisdiction as now
and hereafter may be provided
by law.
Composition:
1 Presiding Justice and 14 Associate
Justices with the rank of Justice of
the CA.

Sits in 5 divisions of 3 members


each.

Decision and Review


unanimous vote of all 3 members
shall
be
required
for
the
pronouncement of judgment by a
division. Decision shall be reviewable
by the SC on petition for certiorari.
Jurisdiction of the Sandiganbayan:
1. Original Jurisdiction
a. violations of R.A. 3019 (AGCPA)
as amended; R.A. 1379; and
Chapter II, Sec.2, Title VII, Book
II of the Revised Penal Code
where one or more of the
accused are officials occupying
the following positions in the
government, whether in a
permanent, acting or interim
capacity at the time of the
commission of the offense:
(i.) Officials of the Executive
branch with the position of
regional director or higher,
or with Salary Grade Level
27 (G27) according to R.A.
6758, specifically including:
(a.) Provincial
governors,
vice-governors;
Board
members,
provincial
treasurers,
assessors,
engineers
and
other
provincial
department
heads;
(b.) City
mayors,
vicemayors, city councilors;
city
treasurers,
assessors, engineers and
other city department
heads;
(c.) Officials
of
the
diplomatic service from
consuls or higher;
(d.) PA/PAF
colonels; PN
captains and all officers
of higher rank;
(e.) Officers of the PNP while
occupying the position of
provincial director and
those holding the rank of

senior superintendent or
higher;
(f.) City/provincial
prosecutors and their
assistants, and officials
and prosecutors in the
Office
of
the
Ombudsman and special
prosecutor; and
(g.) Presidents,
directors,
trustees, or managers
of
GOCCs
state
universities
or
educational institutions
or foundations;
(ii.) Members of Congress and
officials thereof with G27
and up;
(iii.) Members of the Judiciary
without prejudice to the
Constitution;
(iv.) Chairmen and members of
the
Constitutional
Commissions
without
prejudice
to
the
Constitution; and
(v.) All other national and local
officials with G27 or higher;
b. Other offenses or felonies
whether simple or complexed
with other crimes committed by
the
public
officials
and
employees
mentioned
in
Subsection a in relation to their
office;
c. Civil and criminal cases filed
pursuant to and in connection
with E.O. nos. 1, 2, 14 and 14-A
issued in 1986.
2. Exclusive Original Jurisdiction over
petitions for the issuance of the
writs of mandamus, prohibitions,
certiorari, habeas corpus, injunction
and other ancillary writs and
processes in aid of its appellate
jurisdiction,
Provided,
that
jurisdiction over these petitions shall
be not exclusive of the Supreme
Court; and
3. Exclusive Appellate Jurisdiction over
final judgments, resolutions or
orders of regional trial courts
whether in the exercise of their own

original jurisdiction or of their


appellate jurisdiction. (RA 8249)
V.

THE OMBUDSMAN

The champion of the citizens


and protector of the people
Tasked to entertain complaints
addressed to him against erring
public officers and take all
necessary actions thereon.

Composition:
An Ombudsman to be known
as Tanodbayan
1 overall Deputy; and
at least 1 Deputy each for
Luzon,
Vizayas
and
Mindanao;
A separate Deputy for the
military establishment may
likewise be appointed.
Qualifications of the Ombudsman and
his deputies:
1. natural born citizen;
2. at least 40 years old;
3. of recognized probity and
independence;
4. member of the Philippine Bar;
and
5. must not have been candidates
for any elective office in the
immediately preceding election.
Term of Office:
7 years without reappointment.
Disqualifications and Inhibitions:
During their tenure:
1. shall not hold any other office or
employment;
2. shall not engage in the practice of
any profession or in the active
management or control of any
business which in any way may be
affected by the functions of his
office;
3. shall not be financially interested,
directly or indirectly, in any contract
with, or in any franchise or privilege
granted by the government, or any
of its subdivisions, etc.;
4. shall not be qualified to run for any
office in the election immediately

succeeding
office.

their

cessation

from

Powers, Functions and Duties:


a. Investigate any act or omission of
any public official, employee, office
or agency, when such act or omission
appears to be illegal, unjust,
improper, or inefficient;
b. Direct any public official or
employee of the Government, or any
subdivision,
agency
or
instrumentality thereof, as well as
any GOCC with original charter, to
perform or expedite any act or duty
required by law, or to stop, prevent,
and correct any abuse or impropriety
in the performance of duties.
c. Direct the officer concerned to take
appropriate action against a public
official or employee at fault, and
recommend his removal, suspension,
demotion,
fine,
censure,
or
prosecution, and ensure compliance
therewith.
d. Direct the officer concerned, in any
appropriate case, and subject to
such limitation as may be provided
by law, to furnish it with copies of
documents relating to contracts or
transactions entered into by his
office involving the disbursement or
use of public funds or properties,
and report any irregularity to the
COA for appropriate action.
e. Request any government agency for
assistance and information necessary
in the discharge of its responsibilities
and examine, if necessary, pertinent
records and documents.
f. Publicize matters covered by its
investigation when circumstances so
warrant and with due process.
g. Determine the causes if inefficiency,
red tape, mismanagement, fraud and
corruption
and
to
make
recommendations
for
their
elimination and observance of high
standards of ethics and efficiency.
h. Promulgate its rules of procedure
and exercise such other powers or
perform such function or duties as
may be provided by law. (Sec. 13,
Art. XI)
i. The Office of the Ombudsman shall
enjoy fiscal autonomy. Its approved

annual appropriations shall be


automatically and regularly released.
(Sec. 14, Art XI)

Committee on Behest Loans v. Disierto,


GR No.130140, October 25, 1999)

- The Constitution and RA 6770 (The


Ombudsman Act of 1989) has
endowed
the
Office
of
the
Ombudsman with a wide latitude of
investigatory and prosecutory power
virtually free from legislative,
executive or judicial intervention.
The Supreme Court consistently
refrains from interfering with the
exercise of its powers, and respects
the initiative and independence
inherent in the Ombudsman who,
beholden to no one, acts as the
champion of the people and the
preserver of the integrity of public
service. (Loquias v. Office of the
Ombudsman, GR No. 139396, August
15, 2000)

Article XII :
NATIONAL ECONOMY AND PATRIMONY

- The Ombudsman is clothed with


authority to conduct preliminary
investigation and prosecute all
criminal cases involving public
officers and employees, not only
those within the jurisdiction of the
Sandiganbayan but those within the
jurisdiction of the regular courts as
well. (Uy v. Sandiganbayan, GR No.
105965-70, March 20, 2001).
- The power to investigate also
includes the power to impose
preventive suspension. This is
different from the power to
recommend suspension. The latter is
a suspension as a penalty; preventive
suspension is not a penalty (Bernas,
The 1987 Constitution A ReviewerPrimer, 2002. Ed., Citing, Buenesada
vs. Flavier , 226 SCRA 645)
V. ILL-GOTTEN WEALTH
- the right of the State to recover
properties unlawfully acquired by public
officials or employee, from them or from
their nominees or transferees, shall not
be barred by prescription, laches or
estoppel (Sec. 15, Art. XI) but it applies
only to civil actions and not to criminal
cases. (Presidential Ad Hoc Fact-Finding

I. GOALS OF THE NATIONAL ECONOMY


(SEC.1, ART. XII)
1. more equitable distribution of
wealth;
2. increased wealth for the benefit of
the people; and
3. increased productivity.
II.
REGALIAN DOCTRINE
(JURA REGALIA)
- universal feudal theory that all
lands were held from the Crown
(Holmes, Cario v. Insular Government,
212 US 449).
Exception:
any land
in the
possession of an occupant and of his
predecessors-in-interest since time
immemorial. (Oh Cho v. Director of
Land, 75 Phil 890);

The 1987 Constitution reaffirmed


the Regalian doctrine in Sec. 2,
Art. XII. (Cruz v. Secretary of
DENR,
G.R.
No.
135385,
December 6, 2000).

All lands of the public domain,


waters,
minerals,
coal,
petroleum and other mineral
oils, all forces of potential
energy, fisheries, forests, or
timber, wildlife, flora and fauna,
and natural resources belong to
the state. With the exception of
agricultural lands, all other
natural resources shall not be
alienated. (Sec. 2, Art. XII).

Classification of Lands of the Public


Domain (Sec. 3, Art. XII)
1. agricultural
2. forest timber;
3. mineral lands; and
4. national parks.
Requirement of Reclassification or
Conversion: positive act of government;
mere issuance of title not enough
(Sunbeam Convenience Food v. Court of
Appeals, 181 SCRA 443).

III. FILIPINIZED ACTIVITIES REGARDING


THE NATIONAL ECONOMY AND
PATRIMONY:
1. co-production, joint venture or
production sharing agreement for
exploration,
development
and
utilization
(EDU)
of
natural
resources:
Filipino
citizens
or
entities (read: corporations or
associations) with 60% Filipino
capitalization;
Exception: For large-scale EDU of
minerals, petroleum and other
mineral oils, the President may enter
into agreements with foreign-owned
corporations involving technical or
financial assistance.
- These agreements refer to
service contracts which involve
foreign
management
and
operation provided that the
Government shall retain that
degree of control sufficient to
direct and regulate the affairs of
individual
enterprises
and
restrain undesired activities (La
Bugal-Blaan Tribal Assoc., et al.
vs. Secretary, DENR, et al., G.R.
No. 127882, December 1, 2004)
2. use and enjoyment of nations
marine wealth within territory:
Exclusively for Filipino citizens;
3. Alienable lands of the public
domain: Only Filipino citizens may
acquire not more than 12 hectares
by purchase, homestead or grant, or
lease not more than 500 hectares.
Private corporations may lease not
more than 1,000 hectares for 25
years renewable for another 25
years;
4. Certain
areas
of
investment:
reserved for Filipino citizens or
entities with 60 % FC, although
Congress may provide for higher
percentage;
5. grant of rights, privileges and
concessions
covering
national
economy and patrimony, State shall
give
preference
to
qualified
Filipinos; and
6. Franchise, certificate or any other
form of authorization for the
operation of a public utility: only to

Filipino citizens or entities with 60%


FC;
such franchise, etc., shall not be
exclusive, nor for period longer
than 50 years and subject to
amendment, alteration or repeal
by Congress; all executive and
managing officers must be
Filipino citizens.

IV. PRIVATE LANDS


General Rule: no private land shall be
transferred or conveyed except to
individual, corporations or associations
qualified to acquire or hold lands of the
public domain.
Exceptions:
1. foreigners who inherit through
intestate succession;
2. former natural-born Filipino citizen
may be a transferee of private lands
subject to limitations provided by
law.
3. ownership in condominium units.
4. Parity right agreement, under the
1935 Constitution
Stewardship Doctrine Private property
is supposed to be held by the individual
only as a trustee for the people in
general, who are its real owners.
VI. TEMPORARY
TAKE
OVER
OF
BUSINESS AFFECTED WITH PUBLIC
INTEREST
They State may:
1. In times of national emergency,
2. when the public interest so requires,
3. during the emergency and under
reasonable terms prescribed by it,
and
4. temporarily take over or direct the
operation of any privately owned
public utility or business affected
with public interest. (Sec. 17, Art.
XII)
The temporary takeover by the
government extends only to the
operation of the business and not to
the ownership thereof. As such the
government is not required to

compensate the private entityowner of the said business as there


is no transfer of ownership,
whether permanent or temporary.
The private entity-owner affected by
the temporary takeover cannot,

likewise, claim just compensation for the


use of the said business and its
properties as the temporary takeover by
the government is in exercise of its
police power and not of its power of
eminent domain. (Agan vs. PIATCO, G.R.
No. 155001, May 5, 2003)

Article XIII : SOCIAL JUSTICE AND


HUMAN RIGHTS
Social Justice as Envisioned by the
Constitution
equitable diffusion of wealth and
political power for common good;
regulation of acquisition, ownership,
use and disposition of property and
its increments; and
creation of economic opportunities
based on freedom of initiative and
self-reliance (Sec. 1 and 2, Art. XIII).
Distributive Justice the attainment of
a more equitable distribution of land
which recognizes the right of farmers
and regular farm workers who are
landless to own the land they till, and a
just share of other or seasonal farm
workers in the fruits of the land;
- based on the Aristotelian notion of
giving each one what is due him on
the basis of personal worth and
value, and not merely what he has
contracted for.
Rights of Labor Guaranteed
by the Constitution (Sec. 3, Art. XIII)
1. full protection to labor;
2. promotion of full employment and
equality of employment opportunity
to all;
3. guarantee of right of workers to selforganization;
4. collective
bargaining
and
negotiations;

5. peaceful
concerted
activities
including the right to strike in
accordance with law;
6. right to security of tenure;
7. right to human conditions of work;
8. right to participate in policy and
decision-making
affecting
their
rights and benefIts.
Article XIV : EDUCATION
Principal Characteristic of Education
which State must Promote and Protect:
1. quality education;
2. affordable
education
[Sec.1,
Art.XIV];
3. education that is relevant to the
needs of the people [Sec.2(1),
Art.XIV].
Nationalized Educational Activities:
1. ownership, except those established
by religious groups and mission
boards;
2. control and administration; and
3. student
population
[Sec.4(2),
Art.XIV].
Aspects of Academic Freedom:
1. to the institution to provide that
atmosphere which is most conducive
to speculation, experimentation and
creation;
Freedom to determine for itself on
academic grounds:
a. who may teach;
b. what may be taught;
c. how shall it be taught; and
d. who may be admitted to study
(Miriam College Foundation v.
CA, GR No. 127930, December
15, 2000);
- As part of its constitutionally
enshrined academic freedom, the
University of the Philippines has the
prerogative to determine who may
teach its students. The Civil Service
Commission has no authority to force
it to dismiss a member of its faculty
even in the guise of enforcing Civil
Service Rules.(UP v. Civil Service
Commission, GR No.132860, April 3,
2001)

2. to the faculty a. freedom in research and in the


publication of the results,
subject
to
the
adequate
performance
of
his
other
academic duties;
b. freedom in the classroom in
discussing his subject, less
controversial matters which bear
no relation to the subject;
c. freedom
from
institutional
censorship or discipline, limited
by his special position in the
community.
3. to the student - right to enjoy in
school the guarantee of the Bill of
rights (Non v. Dames, 185 SCRA 523).
Article XVI :
STATE IMMUNITY FROM SUIT
Basis: The state may not be sued without
its consent. (Sec. 3, Art. XVI).
Test to determine if suit is against
State:
If the enforcement of the
decision rendered against the
public
officer
or
agency
impleaded will require an
affirmative act from State,
then, it is a suit against the
State (Nachura, Reviewer in
Political Law, p. 20).

A suit is against the state,


regardless of who is named as
defendant, if it produces adverse
consequences on the public
treasury,
whether
in
the
disbursement of funds or loss of
property, the public official
proceeded against not being
liable in his personal capacity.
(Begosa v. Chairman, Phil.
Veterans Adm. 32 SCRA 466)

Forms of Consent:
1. Express consent
a. general law
(i.) Act No. 3083 and CA 327 as
amended by Secs. 49-50, PD
1445: money claims arising
from contracts first filed

with COA before suit may be


filed in court;
(ii.) Art.
2180,
NCC:
tort
committed by special agent;
(iii.) Art. 2189, NCC: LGUs liable
for injuries or death caused
by defective condition of
roads xxx or public works
under their control (City of
Manila vs Teotico, 22 SCRA
267)
(iv.) Sec. 22 (2) of RA 7160 (LGC
of 1991): LGUs have power
to sue and be sued;
(v.) Sec. 24 of LGC, LGUs and
their
officials
are
not
exempt from liability for
death or injury or damage to
property.
b. special
law
(Merritt
v.
Government of the Philippine
Islands, 34 Phil., 311).
2. implied consent
a. when State commences litigation
becomes
vulnerable
to
counterclaim; (Froilan v. Pan
Oriental Shipping, GR No. L-6060
Sept. 30, 1950)
b. State enters into a business
contract
Jure Gestonis - by right of
economic
or
business
relations, may be sued (US v.
Guinto, 182 SCRA 644);
Jure Imperii
- by right of
sovereign power, in the
exercise
of
sovereign
functions.
No
implied
consent (US v. Ruiz, 136
SCRA 487).
c When it would be inequitable
for the state to claim immunity
(Amigable v. Cuenca, 43 SCRA
360)
Scope of Consent: Consent to be sued
does not include consent to the
execution of judgment against it. Such
execution will require another waiver,
because the power of the court ends
when the judgment is rendered, since
government funds and properties may
not be seized under writs of execution or
garnishment, unless such disbursement is
covered
by
the
corresponding

appropriation as required by law


(Republic v. Villasor, 54 SCRA 84).
1. Under Act No. 3083
Ordinary rule for execution will
not apply after money judgment
against the government, for the
consent to be sued is only up to
the point of judgment
2. Under a charter
May be enforced by a writ of
execution because consent is
until the satisfaction of the
money judgment.
Rules Regarding Government Agencies:
1. Incorporated (GOCC)
if its charter provides that it has the
right to sue and be sued, it is an
express consent and it is suable.
(SSS v. CA, 120 SCRA 707);
if its charter is silent, inquire into
its function based on the purpose
for which it was created.(Malong
v. PNR, 138 SCRA 63)
(i.) propriety if the purpose is to
obtain
special
corporate
benefits or earn pecuniary
profit, suable;
(ii.) governmental if it is in the
interest of health, safety and
for the advancement of public
good and welfare, affecting
the public in general, not
suable (Balquera v. Alcala,
295 SCRA 366).
2. Unincorporated a. performs
governmental
functions: not suable without
State consent even if performing
proprietary function incidentally
(Bureau of Printing v. Bureau of
Printing Employees Association,
1 SCRA 340).
b. performs proprietary functions:
suable
(Civil
Aeronautics
Administration v. CA, 167 SCRA
28).
Rules Regarding Garnishment or Levy
of Government Funds in Government
Depository:
General
Rule:
deposited with

government
funds
PNB or authorized

depositories cannot
garnishment.

be

subject

to

Exceptions: where law or ordinance has


already been acted appropriating a
specific amount to pay a valid
governmental obligation. (Municipality
of San Miguel, Bulacan v. Fernandez,
G.R. No. L-61744. June 25, 1984); funds
belonging to government corporations
which can sue and be sued that are
deposited with a bank (PNB v. Pabalan,
83 SCRA 595).
Rules Regarding Payment of Interests
by Government in Money Judgments
Against It:
General Rule: Government cannot be
made to pay interests;
Exceptions:
1. eminent domain;
2. erroneous collection of taxes; or
3. where government agrees to pay
interest pursuant to law.
Article XVII: PROCEDURE IN AMENDING
THE CONSTITUTION
Steps in Amendatory Process:
1. Proposal
i.

Congress acting as Constituent


Assembly
(i.) Direct proposal vote of
of all its members
(ii.) by calling a Constitutional
Convention called either
by:
(iia.) 2/3 vote of all the
members
of
the
Congress; or
(iib.) a majority vote of all
the
members
of
Congress, with the
question of whether or
not
to
call
a
constitutional
convention
to
be

resolved by the people


in a plebiscite (Sec. 3,
Art. XVII)

If Congress, acting as a
Constituent Assembly, omits
to
provide
for
the
implementing
details,
Congress,
acting
as
a
Legislative Assembly this
time,
can
enact
the
necessary
implementing
legislation to fill in the gaps.
(Imbong v. Ferrer, G.R. No.
L-32432.
September 11,
1970).

b. by the people through Initiative


by 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
voters therein.
Initiative the power of the
people
to
propose
amendments
to
the
Constitution or to propose
and enact legislation through
an election called for the
purpose; Indirect Initiative
the exercise of initiative by
the
people
through
a
proposition sent to Congress
or the local legislative body
for action (Sec 2, RA6735).

no amendment in this manner


shall be authorized within 5
years following the ratification
of this Constitution (February 2,
1987) nor more often than once
every 5 years.
RA 6735 (System of Initiative and
Referendum) does not authorize
a system of initiative to amend
the Constitution. The law was
deemed sufficient to cover only
the systems of initiative on
national and local legislation
because:
Sec. 2 on the Statement of
Policies of the Act does not

suggest an initiative on the


Amendments
to
the
Constitution;
Sec. 5 of the Act does not
provide for the contents of
the provision for initiative on
the Constitution;
That the Act does not
provide a sub-title for
initiative on the Constitution
simply means that the main
thrust of the Act is initiative
and referendum on National
and Local Laws. (DefensorSantiago v. Comelec, GR No.
127325, March 17, 1997).

PROPOSAL
BY
CONGRESS

CONCON

PROPOSAL
BY
PEOPLE

For both
Amendments
and
Revisions

For both
amendments
and
Revisions

For
amendments
only!

AMENDMENT

REVISION

Alteration of one or
a few specific and
isolated provisions
of the Constitution

Reexamination of the
entire Constitution or
an important cluster
of provisions in the
Constitution

2. Ratification
- Proposed amendment(s) shall be
submitted to the people and shall be
deemed ratified by majority of the votes
cast in a plebiscite, held not earlier than
60 days nor later than 90 days:
a. after approval of the proposal by
Congress or ConCon, or;
b.

after certification by the


COMELEC of sufficiency of
petition of the people.

Doctrine of Proper Submission


plebiscite may be held on the same day

as
regular
election.(Gonzales
v.
Comelec, 21 SCRA 774) provided the
people are sufficiently informed of the
amendments to be voted upon, to
conscientiously deliberate thereon, to
express their will in a genuine manner.

Submission

of
piece-meal
amendments is unconstitutional. All
the amendments must be submitted
for ratification at one plebiscite
only. The people have to be given a
proper frame of reference in arriving
at their decision. They have no idea
yet of what the rest of the amended
constitution would be. (Tolentino v.
Comelec, G.R. No. L-34150. October
16, 1971).
Questions as to amendments are now
subject to Judicial review. (Sanidad
v. Comelec, 78 SCRA 332)

ADMINISTRATIVE LAW
ADMINISTRATIVE LAW
- Branch of public law that fixes the
organization of the government and
determines competence of authorities
who execute the law and indicates to
the individual remedies for the violations
of his rights.
I. ADMINISTRATIVE BODIES OR AGENCIES
- A body, other than the courts and
the legislature, endowed with quasilegislative and quasi-judicial powers for
the purpose of enabling it to carry out
laws entrusted to it for enforcement or
execution.
How Created:
1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES:
1.Quasi-legislative
or
rule-making
power;
2.Quasi-judicial or adjudicatory power;
and
3.Determinative powers.
A. QUASI-LEGISLATIVE OR RULEMAKING POWER
In exercise of delegated legislative
power, involving no discretion as to
what law shall be, but merely
authority to fix details in execution
or enforcement of a policy set out in
law itself.
Kinds:
1. Legislative regulation
a. Supplementary or detailed
legislation, e.g. Rules and
Regulations
Implementing
the Labor Code;
b. Contingent regulation

2. Interpretative
BIR Circulars

legislation, e.g.

Requisites for valid exercise:


1. Issued under authority of law;
2. Within the scope and purview of the
law;
3. Promulgated in accordance with the
prescribed procedure:
a. notice and hearing generally,
not required; only when:
i. the legislature itself requires
it and mandates that the
regulation shall be based on
certain facts as determined
at
an
appropriate
investigation;
ii. the
regulation
is
a
settlement of a controversy
between specific parties;
considered
as
an
administrative adjudication
(Cruz,
Philippine
Administrative Law, p.42 43); or
iii. the administrative rule is in
the nature of subordinate
legislation
designed
to
implement
a
law
by
providing its details (CIR v.
Court of Appeals, 261 SCRA
236).
b. publication
4. Reasonable
Requisites for Validity of Administrative
Rules With Penal Sanctions:
1. law itself must declare as punishable
the violation of administrative rule
or regulation;
2. law should define or fix penalty
therefor; and
3. rule/regulation must be published.
Doctrine of Subordinate Legislation
power of administrative agency to

promulgate rules and regulations on


matters of their own specialization.
Doctrine of Legislative Approval by Reenactment - the rules and regulations
promulgated
by
the
proper
administrative agency implementing the
law are deemed confirmed and approved
by the Legislature when said law was reenacted by later legislation or through
codification. The Legislature is presumed
to have full knowledge of the contents of
the regulations then at the time of reenactment.
QUASILEGISLATIVE
FUNCTIONS
1.

2.

QUASIJUDICIAL
FUNCTIONS

consists of
issuance of rules
and regulations

1.

general
applicability

2. applies to a
specific
situation

3. prospective; it
envisages the
promulgation of
a rule or
regulation
generally
applicable in the
future

3.

refers to its end


product called
order, reward
or decision

present
determination
of rights,
privileges or
duties as of
previous or
present time or
occurrence

B. QUASI-JUDICIAL OR ADJUDICATORY
POWER
Proceedings partake of nature of
judicial
proceedings.
Administrative body granted
authority to promulgate its own
rules of procedure.
Two necessary conditions:
1. due process; and
2. jurisdiction
Includes the following powers:
1. Prescribe rules of procedure
2. Subpoena power
3. Contempt Power
Administrative Due Process:

1. right to a hearing;
2. tribunal must consider evidence
presented;
3. decision must have something to
support itself;
4. evidence must be substantial;
5. decision must be based on evidence
adduced at hearing or at least
contained in the record and
disclosed to parties;
6. board of judges must act on its
independent consideration of facts
and law of the case, and not simply
accept view of subordinate in
arriving at a decision; and
7. decision must be rendered in such a
manner that parties to controversy
can know various issues involved and
reason for decision rendered.(Ang
Tibay vs CIR, 69 Phil 635)
Substantial
Evidence

relevant
evidence as a reasonable mind might
accept as adequate to support a
conclusion.
Administrative Determinations Where
Notice and Hearing Not Necessary:
1. summary proceedings of distraint
and levy upon property of delinquent
taxpayer;
2. grant of provisional authority for
increase of rates, or to engage in
particular line of business;
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
se which affects safety of persons or
property;
5. preventive suspension of officer or
employee pending investigation; and
6. grant or revocation of licenses for
permits
to
operate
certain
businesses affecting public order or
morals.
Administrative Appeal or Review
1. Where provided by law, appeal from
administrative determination may be
made
to
higher
or
superior
administrative officer or body.
2. By virtue of power of control of
President, President himself or
through Department Head may
affirm, modify, alter, or reverse

administrative
decision
of
subordinate.
3. Appellate administrative agency may
conduct
additional
hearing
in
appealed case, if deemed necessary.
Res judicata effect of Administritve
Decisions
- has the force and binding effect of a
final judgment (note: applies only to
judicial and quasi judicial proceedings
not to exercise of administrative
functions, Brillantes vs. Castro 99 Phil.
497)
C. DETERMINATIVE POWERS
1. enabling permit the doing of an act
which
the law undertakes to
regulate;
2. directing order the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes
3. dispensing to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty;
4. examining - also called investigatory
power;
5. summary

power
to
apply
compulsion or force against persons
or property to effectuate a legal
purpose without judicial warrants to
authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever there is an available
administrative remedy provided
by law, no judicial recourse can
be made until all such remedies
have been availed of and
exhausted.
1. Doctrine of Prior Resort or
(Doctrine of Primary Administrative
Jurisdiction) where there is
competence or jurisdiction vested
upon administrative body to act
upon a matter, no resort to courts
may
be
made
before
such
administrative body shall have acted
upon the matter.
2. Doctrine
of
Finality
of
Administrative Action no resort to

courts will be allowed unless


administrative action has been
completed and there is nothing left
to be done in administrative
structure.
3. Judicial Relief from Threatened
Administrative Action courts will
not render a decree in advance of
administrative action and thereby
render such action nugatory. It is not
for
the
court
to
stop
an
administrative
officer
from
performing his statutory duty for
fear he will perform it wrongly.
Effect
of
Failure
to
Exhaust
Administrative Remedies: as a general
rule, jurisdiction of the court is not
affected but the complaint is vulnerable
to dismissal due to lack of cause of
action.
Exceptions to the Doctrine:
1. doctrine of qualified political agency
(when
the
respondent
is
a
department secretary whose acts as
an alter ego of the President bears
the implied and assumed approval of
the latter); except where law
expressly provides exhaustion;
2. administrative remedy is fruitless;
3. where there is estoppel on part of
administrative agency;
4. issue involved is purely legal;
5. administrative action is patently
illegal, amounting to lack or excess
of jurisdiction;
6. where there is unreasonable delay or
official inaction;
7. where there is irreparable injury or
threat thereof, unless judicial
recourse is immediately made;
8. in land case, subject matter is
private land;
9. where law does not make exhaustion
a condition precedent to judicial
recourse;
10. where observance of the doctrine
will result in nullification of claim;
11. where there are special reasons or
circumstances demanding immediate
court action; and
12. when due process of law is clearly
violated.
IV. JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS

When made:
1. to determine constitutionality or
validity of any treaty, law,
ordinance, executive order, or
regulation;
2. to determine jurisdiction of any
administrative board, commission
or officer;
3. to determine any other questions
of law; and
4. to determine questions of facts
when necessary to determine
either:
a. constitutional or jurisdictional
issue;
b. commission
of
abuse
of
authority; and
c. when
administrative
fact
finding
body
is
unduly
restricted by an error of law.
Modes of review:
1. Statutory;
2. Non-statutory inherent power of
the court to
review such
proceedings upon questions of
jurisdiction and questions of law;

3. Direct proceeding;
4. Collateral attack.
General Rule: Findings of facts of
Administrative Agencies accorded great
weight by the Courts.
Exceptions to the Rule:
1. factual findings not supported by
evidence;
2. findings are vitiated by fraud,
imposition or collusion;
3. procedure which led to factual
findings is irregular;
4. palpable errors are committed; and
5. grave
abuse
of
discretion,
arbitrariness or capriciousness is
manifest.

Brandeis
Doctrine
of
Assimilation of Facts one
purports to be finding of fact but
is
so
involved
with
and
dependent upon a question of
latter,courts will review the
entire case including the latter.
law as to be in substance and
effect a decision on the .

LAW ON PUBLIC OFFICERS


I.PUBLIC OFFICE
- right, authority and duty created and
conferred by law, by which for a
given period, either fixed by law or
enduring at pleasure of creating
power, and individual is vested with
some
sovereign
functions
of
government to be exercised by him
for the benefit of the public.
(Fernandez vs Sto Tomas, 234 SCRA
546)
Elements of Public Office: (LSDIP)
1. created by law or ordinance
authorized by law;
2. possess sovereign functions of
government to be exercised for
public interests;
3. functions defined expressly or
impliedly by law;
4. functions exercised by an officer
directly under control of law, not
under that of a superior officer
unless they are functioned conferred
by law upon inferior officers, who by
law, are under control of a superior;
(duties performed independently)
and
5. with permanency or continuity, not
temporary or occasional.
Characteristics:
-Public office is a public trust.
-Public office is not property and is
outside the commerce of man. It cannot
be subject of a contract. (Cruz, Law on
Public Officers, p.5)
II. PUBLIC OFFICERS
- individuals vested with public office
Classification of Public Officers:
1. Executive, legislative and judicial
officers;
2. Discretionary or ministerial officers;
3. Civil or military officers;
4. Officers de jure or de facto; and
5. National, provincial or municipal
officials

Eligibility and qualification:

two senses:
1. may refer to endowments,
qualities or attributes which
make an individual eligible for
public office;
2. may refer to the act of entering
into performance of functions of
public office.
Authority to prescribe qualification:
1. when prescribed by Constitution,
ordinarily exclusive, the legislature
may not increase or reduce
qualifications
except
when
Constitution
itself
provides
otherwise as when only minimum or
no qualifications are prescribed( ex:
Art XIII Sec 17 (2), Art VIII Sec 7 (2)
Consti) ;
2. when office created by statute,
Congress has generally plenary
power to prescribe qualification but
such must be:
a. germane to purpose of office;
and
b. not too specific so as to refer to
only one individual.
III. DE FACTO OFFICERS
- one who has reputation of being an
officer that he assumes to be, and
yet is not an officer in point of law.
- a person is a de facto officer where
the duties of the office are exercised
under
any
of
the
following
circumstances:
1. Without a known appointment or
election,
but
under
such
circumstances of reputation or
acquiescence as were calculated
to induce people, without
inquiry, to submit to or invoke
his action, supposing him to the
be the officer he assumed to be;
or
2. Under color of a known and valid
appointment or election, but
where the officer has failed to
conform to some precedent
requirement or condition (e.g.,
taking an oath or giving a bond);

San Beda College of Law


61
MEMORY AID
3. Under color of a known election
or appointment, void because:
a. the officer was not eligible;
b. there was a want of power in
the electing or appointing
body;
c. there was a defect or
irregularity in its exercise;
such ineligibility, want of
power, or defect being
unknown to the public.
4. Under color of an election or an
appointment by or pursuant to a
public, unconstitutional law,
before the same is adjudged to
be such.
Note: Here, what is unconstitutional is
not the act creating the office, but the
act by which the officer is appointed to
an office legally existing. (Norton v.
County of Shelby)
Requisites:
1. valid existing office;
2. actual physical possession of said
office;
3. color of title to office;
4. by reputation or acquiescence;
5. known or valid appointment or
election but officer failed to
conform with legal requirements;
6. known appointment or election but
void because of ineligibility of
officer or want of authority of
appointing or electing authority or
irregularity in appointment or
election not known to public; and
7. known appointment or election
pursuant to unconstitutional law
before
declaration
of
unconstitutionality.
DE JURE
OFFICER
on

DE FACTO
OFFICER

1.

rests
right

the

1.

on reputation

2.

has lawful or
title
to
the
office

2.

has
possession
and performs the
duties
under
color of right
without
being
technically
qualified in all

POLITICAL LAW COMMITTEE

IN

POLITICAL LAW
points of law to
act

3.

cannot be
removed in a
direct
proceeding

3.

DE FACTO
OFFICER

may be ousted in
a
direct
proceeding
against him.

INTRUDER

1.

officer
under
any of the 4
circumstances
mentioned

1.

one who takes


possession of an
office
and
undertakes
to
act
officially
without
any
authority, either
actual
or
apparent

2.

has color of
right or title to
office

2.

has
neither
lawful title nor
color of right or
title to office

3.

acts are valid as


to the public
until such time
as his title to
the office is
adjudged
insufficient

3.

acts
are
absolutely void
and
can
be
impeached
in
any proceeding
at
any
time
unless and until
he continues to
act for so long a
time as to afford
a presumption of
his right to act

4.

entitled to
compensation
for services
rendered

4.

not entitled to
compensation

Legal Effects of Acts


- valid insofar as they affect the
public
Entitlement to Salaries
General Rule: rightful incumbent may
recover from de facto officer salary
received by latter during time of
wrongful tenure even though latter
is in good faith and under color of
title.(Monroy v. CA, 20 SCRA 620)
Exception: when there is no de jure
public officer, de facto officer

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

entitled to salaries for period when


he actually discharged functions.
(Civil Liberties Union v. Exec. Sec.,
194 SCRA 317)
Challenge to a De Facto Officer: must be
in a direct proceeding where the title
will be the principal issue
IV.

COMMENCEMENT
RELATIONS:
1. by appointment; or
2. by election

OF

OFFICIAL

Appointment selection, by authority


vested with power, of individual who is
to perform functions of a given office.
Essentially a discretionary power
and must be performed by the
officer in which it is vested
according to his best lights, the
only condition being that the
appointee should possess the
minimum
qualification
requirements prescribed by law
for the position (Nachura,
Reviewer in Political Law, p.
305)
Commission written evidence of
appointment.
Designation

imposition
of
additional duties, usually by law, on
a person already in public office.
Classification of Appointments:
1. Permanent extended to person
possessing
requisite
qualification for the position and
thus enjoys security of tenure;
2. Temporary

acting
appointment, given to a non-civil
service eligible is without a
definite tenure and is dependent
upon the pleasure of the
appointing power;
3. Provisional- is one which may
be
issued
upon
prior
authorization
of
the
Commissioner of Civil service in
accordance with the provisions
of the Civil Service Law and the
rule and standards to a person
who has no t qualified in an
appropriate examination but who
otherwise
meets
the

requirements for appointment to


a regular position in the
competitive service, whenever a
vacancy occurs and the filling
thereof is necessary in the
interest of the service and there
is no appropriate register of
those who are eligible at the
time of appointment;
4. Regular made by President
while Congress is in session and
becomes
effective
after
nomination is confirmed by the
Commission on Appointments and
continues until the end of term;
and
5. Ad-interim
a. Recess
-made
while
Congress is not in session,
before
confirmation,
is
immediately effective, and
ceases to be valid if
disapproved or bypassed by
CA upon next adjournment of
Congress;
b. Midnight made by the
President before his term
expires, whether or not this
is
confirmed
by
the
Commission
on
Appointments.
Regular
appointment

Ad
interim
appointment

Made during the


legislative
session
Made only after
the nomination
is confirmed by
the Commission
on Appointments
(CA)
Once confirmed
by
the
CA
continues until t
he end of the
term
of
the
appointee

Made during the


recess
Made before
such
confirmation

Shall cease to be
valid
if
disapproved by
the CA or upon
the
next
adjournment

Nepotism all appointments in the


national,
provincial,
city
and
municipal governments or in any
branch or instrumentality thereof,
including GOCC, made in favor of a
relative of the (1) appointing or (2)

San Beda College of Law


63
MEMORY AID
recommending authority or of the (3)
chief of the bureau or office or of
the (4) persons exercising immediate
supervision over him. A relative is
one within the 3rd degree either of
consanguinity or affinity
Vacancy when an office is empty
and without a legally qualified
incumbent appointed or elected to it
with a lawful right to exercise its
powers and performs its duties.
Classifications of vacancy:
1. original when an office is
created and no one has been
appointed to fill it;
2. constructive when the
incumbent has no legal right
or claim to continue in office
and can be legally replaced
by another functionary;
3. accidental when the
incumbent
having
died,
resigned, or been removed;
4. absolute when the term of
an incumbent having expired
and the latter not having
held over, no successor is in
being who is legally qualified
to assume the office.
V. POWERS AND DUTIES OF A
PUBLIC OFFICER:
1. Ministerial discharge is imperative
and requires neither judgment nor
discretion, mandamus will lie; and
2. Discretionary imposed by law
wherein officer has right to decide
how and when duty shall be
performed, mandamus will not lie.
VII.

LIABILITY OF PUBLIC OFFICER

General Rule: not liable for injuries


sustained by another as a consequence
of official acts done within the scope of
his authority, except as otherwise
provided by law.
A Public Officer shall not be civilly
liable for acts done in the
performance of his duties
Exceptions:
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

1. statutory liability under the Civil


Code (Arts. 27, 32 and 34);
2. When there is a clear showing of bad
faith,
malice
or
negligence
(Administrative Code of 1987);
3. liability on contracts; and
4. liability on tort .
Threefold Liability Rule wrongful
acts or omissions of public officers
may give rise to civil, criminal, and
administrative liability. (CAC liability
rule)
Liability of Ministerial Officers:
1. Nonfeasance neglect or refusal to
perform an act which is officers
legal obligation to perform;
2. Misfeasance failure to use that
degree of care, skill and diligence
required in the performance of
official duty; and
3. Malfeasance doing, through
ignorance, inattention or malice, of
an act which he had no legal right to
perform.
Doctrine of Command Responsibility
A superior officer is liable for acts of
a subordinate when: (ERCAL)
1. he negligently or willfully employs or
retains
unfit
or
incompetent
subordinates;
2. he negligently or willfully fails to
require subordinate to conform to
prescribed regulations;
3. he negligently or carelessly oversees
business of office as to furnish
subordinate an opportunity for
default;
4. he directed or authorized or
cooperated in the wrong; or
5. law expressly makes him liable.

Under the Revised Admin. Code of


1987, A Superior Officer shall be
liable for acts of subordinate officers
only if he has actually authorized be
written order the specific act or
misconduct complained.
Subordinate officers are also liable
for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
policy and good customs

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

Preventive Suspension
- a precautionary measure so
that an employee who is formally
charged of an offense may be separated
from the scene of his alleged
misfeasance while the same is being
investigated (Bautista v. Peralta, 18
SCRA 223)
- need not be preceded by prior
notice and hearing since it is not a
penalty but only a preliminary step in an
administrative investigation (Lastimosa
v. Vasquez, 243 SCRA 497)
- the period of preventive suspension
cannot be deducted from whatever
penalty may be imposed upon the erring
officer (CSC Resolution No. 90-1066)
PENDING
INVESTIGATION
[Sec.51, E.O.292]
1. not a penalty
but only a means
of enabling the
disciplinary
authority to
conduct an
unhampered
investigation.

2. no compensation
due for the
period of
suspension even
if found innocent
of the charges.

PENDING
APPEAL
[Sec.27(4), E.O.
292]
1. Punitive in
character

2. If exonerated,
he should be
reinstated with
full pay for the
period of
suspension.

Rules on Preventive Suspension:


1. Appointive Officials
Not a Presidential Appointee (Secs. 4142, P.D. 807):
a. by
whom

the
proper
disciplining
authority
may
preventively suspend;
b. against whom any subordinate
officer or employee under such
authority;
c. when pending an investigation;

d. grounds if the charge against


such
officer
or
employee
involves:
i. dishonesty;
ii. oppression
or
grave
misconduct;
iii. neglect in the performance
of duty; or
iv. if there are reasons to
believe that respondent is
guilty of the charges which
would warrant his removal
from the service
e. duration the administrative
investigation must be terminated
within 90 days; otherwise, the
respondent
shall
be
automatically reinstated unless
the delay in the disposition of
the case is due to the fault,
negligence or petition of the
respondent, in which case the
period of delay shall not be
counted in computing the period
of suspension.
A Presidential Appointee:
a. can only be investigated and
removed from office after due
notice and hearing by the
President of the Philippines
under the principle that the
power to remove is inherent in
the power to appoint as can be
implied from Sec. 5, R.A.2260
(Villaluz v. Zaldivar, 15 SCRA
710).
b. the Presidential Commission
Against Graft and Corruption
(PCAGC) shall have the power to
investigate
administrative
complaints against presidential
appointees in the executive
department of the government,
including GOCCs charged with
graft and corruption involving
one or a combination of the
following criteria:
i. presidential appointees with
the rank equivalent to or
higher than an Assistant
Regional Director;
ii. amount involved is at least
P10M;

San Beda College of Law


65
MEMORY AID
iii. those
which
threaten
grievous harm or injury to
the national interest; and
iv. those which may be assigned
to it by the President (E.O.
No. 151 and 151-A).
2. Elective Officials: (Sec 63, R.A.
7160)
a. by whom against whom
i. President elective official
of a province, a highly
urbanized or an independent
component city;
ii. Governor elective official
of a component city or
municipality;
iii. Mayor elective official of a
barangay
b. when at any time after the
issues are joined;
c. grounds:
i. reasonable ground to believe
that the respondent has
committed the act or acts
complained of;
ii. evidence of culpability is
strong;
iii. gravity of the offense so
warrants;
iv. continuance in office of the
respondent could influence
the witnesses or pose a
threat to the safety and
integrity of the records and
other evidence
d. duration:
i. single administrative case
not to extend beyond 60
days;
ii. several administrative cases
not more than 90 days
within a single year on the
same ground or grounds
existing and known at the
time of the first suspension
- Section 24 of the Ombudsman
Act (R.A. 6770) expressly provide
that the preventive suspension
shall continue until the case is
terminated by the Office of the
Ombudsman but not more than 6
months without pay.
The
preventive suspension for 6
months without pay is thus
according to law (Lastimosa v.
Vasquez, 243 SCRA 497)
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

- R.A. 3019 makes it mandatory for


the Sandiganbayan to suspend, for
a maximum period of 90 days
unless the case is decided within a
shorter period, any public officer
against whom a valid information
is filed charging violation of:
1. R.A. 3019;
2. Book II, Title 7, Revised Penal
Code; or
3. offense involving fraud upon
government or public funds or
property (Cruz, The Law of
Public Officers, pp. 86-87)
VII. RIGHTS OF PUBLIC OFFICERS:
1. Right to Office just and legal claim
to
exercise
powers
and
responsibilities of the public
office.
Term period during which
officer may claim to hold
office as a right.
Tenure period during which
officer actually holds office.
2. Right to Salary
Basis: legal title to office and
the fact the law attaches
compensation to the office.
Salary compensation provided
to be paid to public officer
for his services.
Preventive Suspension public
officer not entitled during the
period of preventive suspension,
but upon exoneration and
reinstatement he must be paid
full salaries and emoluments
during such period.
Back salaries are also payable to
an officer illegally dismissed or
otherwise unjustly deprived of
his office the right to recover
accruing from the date of
deprivation. The claim for back
salaries must be coupled with a
claim for reinstatement and
subject to the prescriptive
period of one (1) year. (Cruz,
Law on Public Officers, p126126)

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

Forms of Compensation:
a. salary

personal
compensation to be paid to
public officer for his services
and it is generally a fixed
annual or periodical payment
depending on the time and
not on the amount of the
service he may render;
b. per diem allowance for
days actually spent in the
performance
of
official
duties;
c. honorarium something
given as not as a matter of
obligation,
but
in
appreciation for services
rendered;
d. fee payment for services
rendered or on commission
on moneys officially passing
through their hands; and
e. emoluments profits arising
from the office, received as
compensation for services or
which is annexed to the
office as salary, fees, or
perquisites.
3. Right to Preference in Promotion
Promotion movement from one
position to another with increase
in duties and responsibilities as
authorized by law and usually
accompanied by an increase in
pay.
Next-in-Rank Rule the person
next in rank shall be given
preference in promotion when the
position immediately above his is
vacated.
But the appointing
authority still exercises his
discretion and is not bound by this
rule.
Appointing officer is only
required to give special
reasons for not appointing
officer next in rank if he fills
vacancy by promotion in
disregard of the next in rank
rule. (Pineda vs. Claudio, 28
SCRA 34)
Automatic Reversion Rule all
appointments involved in chain of

promotions must be submitted


simultaneously for approval by
the Commission, the disapproval
of the appointment of a person
proposed to a higher position
invalidates the promotion of
those in the lower positions and
automatically restores them to
their former positions.
4. Right to vacation leave and sick
leave with pay;
5. Right to maternity leave;
6. Right to pension and gratuity;
Pension regular allowance paid
to an individual or a group of
individuals by the government in
consideration
of
services
rendered or in recognition of
merit, civil or military.
Gratuity a donation and an act
of pure liberality on the part of
the State.
7. Right to retirement pay;
8. Right
to
reimbursement
for
expenses incurred in performance of
duty;
9. Right to be indemnified against any
liability which they may incur in
bona fide discharge of duties; and
10. Right to longevity pay.
11. Right to Self-Organization
Art III, Sec 8 1987Consti. Note: Civil
servants are now given the right to self
organize but they may not stage strikes
(see: SSS Employees Assoc. vs. CA, 175
SCRA 686)
VIII. MODES OF TERMINATION
OFFICIAL RELATIONSHIP:
(TR3A3P DIFC2IT)
1. expiration of term or tenure;
2. reaching the age limit;
3. resignation;
4. recall;
5. removal;
6. abandonment;
7. acceptance of incompatible office;

San Beda College of Law


67
MEMORY AID
8. abolition of office;
9. prescription of right to office (within
one year after the cause of ouster or
the right to hold such office or
position arose);
10. impeachment;
11. death;
12. failure to assume elective office
within 6 months from proclamation;
13. conviction of a crime; and
14. filing of certificate of candidacy.

When public officer holds office at


pleasure of appointing power, his
replacement amounts to expiration
of his term, not removal.(Alajar vs
Alba, 100 Phil 683)
Principle of Hold-Over if no express or
implied Constitutional or statutory
provision to the contrary, public officer
is entitled to hold office until successor
has been chosen and shall have
qualified.
Purpose: to prevent hiatus in public
office. (But subject to Art. 237 of
RPC)
Retirement:
Members of Judiciary : 70 years of
age
Other government officers and
employees : 65 years of age
Optional retirement age: after
rendition of minimum number of
years of service.
Accepting Authority for Resignation:
1. to competent authority provided by
law;
2. If law is silent and public officer is
appointed, tender to appointing
officer;
3. If law is silent and public officer is
elected, tender to officer authorized
by law to call election to fill
vacancy:
a. President and Vice-President Congress
b. Members of Congress
respective Chambers
e. Governors,
Vice
Governors,
Mayors and Vice Mayors of HUCs
and independent component
cities - President.
POLITICAL LAW COMMITTEE

f.

g.
h.

IN

POLITICAL LAW

Municipal Mayors and Vice


Mayors/City Mayors and Vice
Mayors of component cities Provincial Governor;
Sanggunian
Members

Sanggunian concerned; and


Elective Barangay Officials
Municipal or City Mayors

Recall - termination of official


relationship for loss of confidence
prior to expiration of his term
through the will of the people.
Limitations on Recall:
1. any elective official may be subject
of a recall election only once during
his term of office for loss of
confidence; and
2. no recall shall take place within one
year from date of the officials
assumption to office or one year
immediately preceding a regular
local election.
Procedure for Recall (Secs. 70-72, R.A.
7160)
1. Initiation of the Recall Process:
a. by
a
Preparatory
Recall
Assembly (PRA) composed of:
i. Provincial mayors, vice
mayors and sanggunian (sg)
members
of
the
municipalities
and
component cities;
ii. City punong barangay and
(sg) barangay members;
iii. Legislative District:
iiia. SG
Panlalawigan

municipal officials in
the district;
iiib. SG
Panglunsod

barangay officials in
the district;
iv. Municipal - punong barangay
and (sg) barangay members;
majority of the PRA members
shall convene in session in a
public place;
recall of the officials
concerned shall be validly
initiated through a resolution
adopted by a majority of all
the PRA members concerned

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

b. by the Registered Voters (RV) in


the province, city, municipality
or barangay (LGU) concerned at least 25% of the total number
of RV in the LGU concerned
during the election in which the
local official sought to be
recalled was elected;
i. written petition filed with
the COMELEC in the presence
of the representative of the
petitioner
and
a
representative of the official
sought to be recalled, and in
a public place of the LGU;
ii. COMELEC shall cause the
publication of the petition in
a public and conspicuous
place for a period of not less
than 10 days nor more than
20 days
iii. upon lapse of the said
period,
COMELEC
shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled

3. Election on Recall COMELEC shall


set the date of the election on
recall:
a. for barangay, city or municipal
officials not later than 30 days
after the filing of the resolution
or petition;
b. for provincial officials - not later
than 45 days after the filing of
the resolution or petition;
4. Effectivity of Recall only upon the
election and proclamation of a
successor in the person of the
candidate receiving the highest
number of votes cast during the
election on recall.
Should the official sought to be
recalled receive the highest
number of votes, confidence in
him is thereby affirmed, and he
shall continue in office.

ELECTION LAW

San Beda College of Law


69
MEMORY AID

I.SUFFRAGE
- right to vote in election of
officers chosen by people and in
the determination of questions
submitted to people. It includes:
1.election;
2.plebiscite;
3.initiative; and
4.referendum.
Election means by which people
choose their officials for a definite
and fixed period and to whom they
entrust for time being the exercise
of powers of government.
Kinds:
1. Regular election one provided
by law for election of officers
either nationwide or in certain
subdivisions
thereof,
after
expiration of full term of former
members; and
2. Special election one held to fill
vacancy
in
office
before
expiration of full term for which
incumbent was elected.
Failure of Elections
there are
only 3 instances where a failure of
elections may be declared, namely:
a. The election in any polling
place has not been held on
the date fixed on account of
force majeure, violence,
terrorism, fraud, or other
analogous causes;
b. The election in any polling
place had been suspended
before the hour fixed by law
for the closing of the voting
on
account
of
force
majeure,
violence,
terrorism, fraud, or other
analogous causes; and
c. After the voting and during
the
preparation
and
transmission of the election
returns or in the custody or
canvass
thereof
such
election results in a failure
to elect on account of force
majeure, violence,
terrorism, fraud or other
analogous causes. (Joseph
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

Peter Sison v. COMELEC,


G.R. No. 134096, March 3,
1999)

What is common in these


three instances is the
resulting failure to elect. In
the
first
instance,
no
election is held while in the
second, the election is
suspended.
In the third
instance,
circumstances
attending the preparation,
transmission, custody or
canvass of the election
returns cause a failure to
elect. The term failure to
elect means nobody emerged
as a winner. (Pasandalan vs.
Comelec, G.R. No. 150312,
July 18, 2002)
The
causes
for
the
declaration of a failure of
election may occur before or
after the casting of votes or
on the day of the election.
(Sec. 4, R.A. 7166)
The COMELEC shall call for
the holding or continuation
of the election on a date
reasonably close to the date
of the election not held,
suspended, or which resulted
in a failure to elect but not
later than 30 days after the
cessation of the cause of
such suspension or failure to
elect. (Sec. 6, B.P. 881)
In such election, the location
of polling places shall be the
same as that of the
preceding regular election.
However, changes may be
initiated by written petition
of the majority of the voters
of the precinct or agreement
of all the political parties or
by resolution of the Comelec
after notice and hearing.
(Cawasa vs. Comelec, G.R.
No. 150469, July 3, 2002)

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

Postponement of Elections - An
election may be postponed by the
COMELEC either motu proprio or upon
a verified petition by any interested
party when there is violence,
terrorism, loss or destruction of
election paraphernalia or records,
force majeure, or other analogous
cause of such a nature that the
holding of a free, orderly and honest
election becomes impossible in any
political subdivision. (Sec. 5, B.P.
881)

The COMELEC shall call for the


holding of the election on a date
reasonably close to the date of
the
election
not
held,
suspended, or which resulted in
a failure to elect but not later
than 30 days after the cessation
of
the
cause
for
such
postponement or suspension of
the election or failure to elect.
(Sec. 5, B.P. 881)

Qualification for Suffrage:


1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at
least one year;
4. Resident of place where he proposes
to vote for at least 6 months; and
5. Not otherwise disqualified by law.
Disqualification:
1. person convicted by final judgment
to suffer imprisonment for not less
than 1 year, unless pardoned or
granted
amnesty;
but
right
reacquired upon expiration of 5
years after service of sentence;
2. person adjudged by final judgment
of having committed any crime
involving disloyalty to government or
any crime against national security;
but right is reacquired upon
expiration of 5 years after service of
sentence; and
3. insane or incompetent persons as
declared by competent authority
(Sec. 118, OEC).
II. POLITICAL PARTY

- organized group of citizens


advocating an ideology or platform,
principles and policies for the general
conduct of government and which, as
the most immediate means of securing
their adoption, regularly nominates and
supports certain of its leaders and
members as candidate in public office.
(Bayan Muna v. Comelec, GR No. 147613,
June 28, 2001)

To acquire juridical personality


and to entitle it to rights and
privileges granted to political
parties, it must be registered
with COMELEC

policies for the general conduct


of government and which, as the
most immediate means of
securing
their
adoption,
regularly nominates and supports
certain of its leaders and
members as candidate in public
office. (Bayan Muna v. Comelec,
GR No. 147613, June 28, 2001)

To acquire juridical personality


and to entitle it to rights and
privileges granted to political
parties, it must be registered
with COMELEC.

Groups Disqualified for Registration:


1. religious denominations or sects;
2. those who seek to achieve their
goals through violence or unlawful
means;
3. those who refuse to uphold and
adhere to Constitution; and
4. those
supported
by
foreign
governments.
Grounds for Cancellation of
Registration:
1. accepting financial contributions
from foreign governments or their
agencies; and
2. failure to obtain at least 10% of
votes casts in constituency where
party fielded candidates.

San Beda College of Law


71
MEMORY AID
Party System a free and open party
system shall be allowed to evolve
according to free choice of people.
no votes cast in favor of political
party, organization or coalition
shall be valid except for those
registered under the party-list
system
provided
in
the
Constitution;
political parties registered under
party-list
system
shall
be
entitled to appoint poll watchers
in accordance with law; and
part-list representatives shall
constitute 20% of total number
of representatives in the House.
Guidelines for screening party-list
participants
1. The
political
party,
sector,
organization or coalition must
represent the marginalized and
underrepresented groups identified
in Sec. 5 of RA 7941. Majority of its
member-ship should belong to the
marginalized and underrepresented;
2. While even major political parties
are expressly allowed by RA 7941 and
the Constitution, they must comply
with the declared statutory policy of
Filipino citizens belonging to
marginalized and under-represented
sectors to be elected to the House of
Representatives. Thus, they must
show that they represent the
interest of the marginalized and
underrepresented.
3. That religious sector may not be
represented in the party-list system;
except that priests, imam or pastors
may be elected should they
represent not their religious sect but
the indigenous community sector;
4. A party or an organization must not
be disqualified under Sec. 6, RA 7941
as follows:
a. it is a religious sect or
denomination, organization or
association
organized
for
religious purposes;
b. it advocates violence or unlawful
means to seek its goals;
c. it is a foreign party or
organization;
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

d. it is receiving support from any


foreign
government,
foreign
political
party,
foundation,
organization, whether directly or
through any of its officers or
members or indirectly through
third
parties
for
partisan
election purposes;
e. it violates or fails to comply with
laws, rules or regulation relating
to elections;
f. it declares untruthful statements
in its petition;
g. it has ceased to exist for at least
one (1) year; or
h. it fails to participate in the last
two (2) preceding elections or
fails to obtain at least two per
centum (2%) of the votes cast
under the party-list system in
two (2) preceding elections for
the constituency in which it has
registered.
5. the party or organization must not
be an adjunct of, or a project
organized or an entity funded or
assisted by, the government.
6. the party, including its nominees
must comply with the qualification
requirements of section 9, RA 7941
as follows: No person shall be
nominated
as
party-list
representative unless he is: (a)
natural-born
citizen
of
the
Philippines; (b) a registered voter;
(c) a resident of the Philippines for a
period of not less than one year
immediately preceding the day of
the election; (d) able to read and
write; (e) a bona fide member of the
party or organization which he seeks
to represent for at least 90 days
preceding the day of the election;
and (f) at least 25 years of age on
the day of the election. In case of a
nominee of the youth sector, he must
at least be twenty five (25) but not
more than thirty (30) years of age on
the day of the election. Any youth
sectoral representative who attains
the age of thirty (30) during his term
shall be allowed to continue in office
until the expiration of his terms;

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

7. not only the candidate party or


organization
must
represent
marginalized and underrepresented
sectors, so also must its nominees;
8. while lacking the a well-defined
political constituency, the nominee
must likewise be able to contribute
to the formation and enactment of
appropriate legislation that will
benefit the nation as a whole. (Ang
Bagong Bayani-OFW Labor Party, v.
COMELEC, GR No. 147589, June 26,
2001).
III. DISQUALIFICATION OF
CANDIDATES:
1. declared as incompetent or insane
by competent authority;
2. convicted by final judgment for
subversion, insurrection, rebellion or
any offense for which he has been
sentenced to a penalty of 18 months
imprisonment;
3. convicted by final judgment for
crime involving moral turpitude;
4. any person who is permanent
resident of or immigrant to a foreign
country; and
5. one who has violated provisions on:
a. campaign period;
b. removal, destruction of lawful
election propaganda;
c. prohibited forms of propaganda;
d. regulation
of
propaganda
through mass media; and
e. election offenses.
- When a candidate has not yet been
disqualified by final judgment during
the election day and was voted for,
the votes cast in his favor cannot be
declared stray.
To do so would
amount to disenfranchising the
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De
Venecia, G.R. No. 150605, December
10, 2002)
Nuisance Candidate
COMELEC may motu propio
or
upon
petition
of
interested party, refuse to
give due course to or cancel
certificate of candidacy if
shown that said certificate
was filed:

1. to put election process in mockery or


disrepute;
2. to cause confusion among voters by
similarity of names of registered
candidates;
3. by other circumstances or acts which
demonstrate that a candidate has no
bona fide intention to run for office
for which certificate has been filed,
and
thus
prevent
a
faithful
determination of true will of
electorate.
IV. FAIR ELECTIONS ACT OF 2001 (RA
9006)
Lawful election Propaganda (sec. 3):
1. Written/Printed Materials (does not
exceed 8 in. width by 14 in.
length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in
announcing, at the site and
on the occasion of a public
meeting or rally, may be
displayed 5 days before the
date of rally but shall be
removed within 24 hours
after said rally.
4. Print Ads
page in broadsheets and
page in tabloids thrice a
week
per newspaper,
magazine
or
other
publication
during
the
campaign period
5. Broadcast Media (i.e. TV and
Radio)
NATIONAL
POSITIONS

LOCAL
POSITIONS

1.

120 minutes
for TV

1.

60 minutes
for TV

2.

180 minutes
for Radio

2.

90 minutes
for Radio

Prohibited Campaign
1. Public
exhibition
of
movie,
cinematograph
or
documentary
portraying the life or biography of a
candidate during campaign period;

San Beda College of Law


73
MEMORY AID
2. Public exhibition of a movie,
cinematograph
or
documentary
portrayed by an actor or media
personality who is himself a
candidate;
3. Use of airtime for campaign of a
media practitioner who is an official
of a party or a member of the
campaign staff of a candidate or
political party;
Limitation on Expenses:
1. for candidates:
President and Vice President
= P10/voter;
Other candidates, if with
party = P3/voter;
Other candidates, if without
party = P5/voter.
2. for political parties = P5/voter
Statement
of
Contribution
and
Expenses
every candidate and treasurer of
political party shall, within 30 days
after day of election, file offices of
COMELEC the full, true and itemized
statement of all contribution and
expenditures in connection with
election.
Election Survey
The SC held that Sec. 5.4 of the Fair
Election Act prohibiting publication
of
survey
results
15
days
immediately preceding a national
election and 7 days before a local
election violates the constitutional
rights of speech, expression, and the
press because:
it imposes a prior restraint on
the freedom of expression;
It is a direct and total
suppression of a category of
expression even though such
suppression is only for a limited
period; and
the governmental interest sought
to be promoted can be achieved
by means other than the
suppression of freedom of
expression.
(Social
Weather
Station v. Comelec, G.R. No.
147571 May 5, 2001)
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

Substituted and Substitute Candidate


- In case of valid substitutions
after the officials ballots have been
printed, the votes cast for the
substituted
candidates
shall
be
considered as stray votes but shall not
invalidate the whole ballot. For this
purpose, the official ballots shall provide
for spaces where the voters may write
the name of the substitute candidates if
they are voting for the latter: Provided,
however, That if the substitute
candidate is of the same family name,
this provision shall not apply.(Sec.12)
V. PRE-PROCLAMATION
CONTROVERSY
Any question pertaining to or
affecting proceedings of Board of
Canvassers which may be raised
by any candidate or by a
registered political party or
coalition of political parties
before the board or directly with
COMELEC or any matter raised
under Sections 233, 234, 235,
and
236,
in
relation
to
preparation,
transmission,
receipt,
custody
and
appreciation of election returns.
Issues which may be raised in a PreProclamation Controversy:
1. Illegal composition or proceedings of
the board of Canvassers;
2. Canvassed election returns are
incomplete,
contain
material
defects, appears to be tampered
with or falsified; or contain
discrepancies in the same returns or
in other authentic copies thereof as
mentioned in Sec. 233,234,235 and
236 of BP 881;
3. Election returns were prepared
under duress, threat, coercion, or
intimidation, or they are obviously
manufactured or not authentic; and
4. When substitute of fraudulent
returns in controverted polling
places were canvassed, the results of
which materially affected the
standing
of
the
aggrieved
candidate/s.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

VIII.

ELECTION CONTESTS

Nature: special summary proceeding


object of which is to expedite
settlement of controversies between
candidates as to who received majority
of legal votes.
Purpose: to ascertain true will of people
and duly elected officer, and this could
be achieved by throwing wide open the
appeal before the court.
Contest: any matter involving title or
claim of title to an elective office, made
before or after proclamation of winner,
whether or not contestant is claiming
office in dispute.
Election, Returns and qualification
refers to all matters affecting validity of
the contestees title to the position.
Election conduct of the polls,
including the registration of voters,
holding of election campaign, and
casting and counting of votes.
Returns include the canvass of
returns and proclamation of winners,
together with questions concerning
composition of Board of Canvassers
and authenticity of election returns.
Qualifications matter which could
be raised in a quo warranto
proceedings against the proclaimed
winner, such as his disloyalty to the
Republic or his ineligibility or
inadequacy of his certificate of
candidacy.
Original Exclusive Jurisdiction Over
Election Contests
1. President and Vice-President
Supreme Court en banc
2. Senator - Senate Electoral Tribunal
3. Representative - HR Electoral
Tribunal
4. Regional/Provincial/City - COMELEC
5. Municipal - RTC
6. Barangay - MTC
Appellate Jurisdiction:
1. For decisions of RTC and MTC

appeal

to COMELEC whose
decision shall be final and
executory;
2. For decisions of COMELEC
petition for review on Certiorari
with SC within 30 days from
receipt of decision on ground of
grave
abuse
of
discretion
amounting to lack or excess of
jurisdiction or violation of due
process;
3. For decisions of Electoral Tribunal
petition for review on Certiorari
with SC on ground of grave abuse
of discretion amounting to lack
or excess of jurisdiction or
violation of due process.
Actions Which May Be Filed:
1. Election Protest
- May be filed by any candidate who
has filed a certificate of candidacy
and has been voted upon for the
same officer;
Grounds:
a. fraud;
b. terrorism;
c. irregularities; or
d. illegal acts
committed before, during, or
after casting and counting of
votes
Time to file: within 10 days from
proclamation of results of election.
2. Quo warranto
- Filed by any registered voter in the
constituency
Grounds:
a. ineligibility; or
b. disloyalty to Republic.
Time to file: within 10 days from
proclamation of results of election.
QUO WARRANTO
IN ELECTIVE
OFFICE
1. determination is
eligibility of
candidate-elect
2. when person
elected is
declared
ineligible, court

QUO WARRANTO
IN APPOINTIVE
OFFICE
1. determination is
legality of
appointment
2. court
may
determine as to
who among the
parties has legal

San Beda College of Law


75
MEMORY AID
cannot declare 2nd
placer as elected,
even if eligible

IX.

title to office

ELECTION OFFENSES

Vote-Buying and Vote-Selling


(1) Any person who gives, offers
or promises money or anything of
value, gives or promises any
office or employment, franchise
or grant, public or private, or
makes or offers to make an
expenditure,
directly
or
indirectly,
or
cause
an
expenditure to be made to any
person, association, corporation,
entity, or community in order to
induce anyone or the public in
general to vote for or against any
candidate or withhold his vote in
the election, or to vote for or
against any aspirant for the
nomination or choice of a
candidate in a convention or
similar selection process of a
political party.
(2) Any person, association,
corporation, group or community

POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

who solicits or receives, directly


or indirectly, any expenditure or
promise of any office or
employment, public or private,
for any of the foregoing
considerations. (Sec. 261, B.P.
881)

One of the effective ways of


preventing the commission
of
vote-buying
and
of
prosecuting
those
committing it is the grant of
immunity from criminal
liability in favor of the
party (person/s) whose vote
was bought. This grant of
immunity will encourage the
recipient or acceptor to
come into the open and
denounce
the
culpritcandidate, and will ensure
the successful prosecution of
the criminal case against the
latter. (Comelec vs. Hon.
Tagle, G.R. Nos. 148948 &
148951, February 17, 2003)

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

LAW ON PUBLIC CORPORATION


I. LOCAL GOVERNMENT CODE OF 1991
(R.A. 7160)
Effectivity: January 1, 1992
Scope of Application of Local
Government Code:
Applicable to:
1. all provinces,
2. cities,
3. municipalities,
4. barangays;
5. and other political subdivisions
as may be created by law; and
6. to the extent provided in the
Local Government Code:
a. to officials,
b. offices, or
c. agencies of the National
Government.
Local Autonomy in its constitutional
sense, to polarize LGUs from over
dependence on central government and
do not make LGUs mini-republics or
imperium in imperia.
Decentralization of Administration
central
government
delegates
administrative powers to political
subdivisions in order to broaden base of
government power and in process make
LGUs more responsive and accountable
and ensure their fullest development as
self-reliant communities and make them
effective partners in the pursuit of
national
development
and
social
progress.
Decentralization of Power involves
abdication of political power in favor of
LGUs declared autonomous.(Limbona v.
Mengelin, 170 SCRA 786).
Devolution act by which national
government confers power and authority
upon various LGUs to perform specific
functions and responsibilities.[Sec.17(e),
par.2, LGC].

Declaration of Policy:
1. Territorial and subdivisions of State
shall enjoy genuine and meaningful
local autonomy to enable them to
attain fullest development and make
them more effective partners in
attaining national goals;
2. Ensure accountability of LGUs
through institution of effective
mechanisms of recall, initiative and
referendum; and
3. Require all national agencies and
offices
to
conduct
periodic
consultations
with
appropriate
LGUs,
NGOs
and
Peoples
Organizations and other concerned
sector of community before any
project or program is implemented
in their respective jurisdictions.
Rules on Interpretation:
1. provision
on
power:
liberally
interpreted in favor of LGU; in case
of doubt, resolved in favor of
devolution of powers;
2. ordinance or revenue measure:
construed strictly against LGU
enacting it and liberally in favor of
tax payer;
3. tax exemptions, incentive or relief
granted by LGU: construed against
person claiming;
4. general welfare provisions: liberally
interpreted to give more powers to
LGUs in accelerating economic
development and upgrading quality
of life for people in community;
5. rights and obligations existing on
date of effectivity of LGC of 1991
and arising out of contracts or any
other source of prestation involving
LGU, shall be governed by original
terms and conditions of said
contracts or law in force at time
such rights were vested; and
6. resolution of controversies arising
under LGC of 1991 where no legal
provision or jurisprudence applies,
resort may be had to customs and

San Beda College of Law


77
MEMORY AID
traditions
in
place
where
controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the
government of a portion of the State.
Elements of Public Corporation:
1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and
4. territory.
Classes of Corporation:
1. Quasi-corporation

public
corporations created as agencies of
State for narrow and limited
purposes.
2. Municipal corporation body politic
and
corporate
constituted
by
incorporation of inhabitants of city
or
town
purposes
of
local
government thereof or as agency of
State to assist in civil government of
the country.
3. Quasi-public corporation private
corporation that renders public
service or supplies public wants.

IN

POLITICAL LAW

IV. TERRITORIAL AND POLITICAL


SUBDIVISIONS ENJOYING
LOCAL AUTONOMY:
1. Province cluster of municipalities,
or municipalities and component
cities, and serves as dynamic
mechanism for
developmental
processes and effective governance
of LGUs within its territorial
jurisdiction.
2. City composed of more urbanized
and developed barangays, serves as
a general purpose government for
coordination and delivery of basic,
regular and direct services and
effective governance of inhabitants
within its territorial jurisdiction;
3. Municipality consisting of group of
barangays, serves primarily as a
general purpose government for
coordination and delivery of basic,
regular and direct services and
effective governance of inhabitants
within its territorial jurisdiction;

PUBLIC
CORPORATION

PRIVATE
CORPORATION

1. established for
purposes
of
administration
of
civil
and
local
governments

1. created for private


aim, gain or benefit
of members

2. creation of State
either by special or
general act

2. created by will of
incorporators
with
recognizance of State

4. Barangay basic political unit which


serves as primary planning and
implementing unit of government
policies, plans, programs, projects
and activities in community, and as a
forum wherein collective views of
people
may
be
expressed,
crystalized and considered and
where disputes may be amicably
settled;

3.
involuntary
consequence
legislation

3.
voluntary
agreement by and
among members

5. Autonomous Regions created for


decentralization of administration or
decentralization of government; and

III. DE FACTO MUNICIPAL


CORPORATION
Requisites:
1. valid law authorizing incorporation;
2. attempt in good faith to organize
under it;
3. colorable compliance with law; and
4. assumption of corporate powers.

POLITICAL LAW COMMITTEE

6. Special
metropolitan
political
subdivisions created for sole
purpose of coordination of delivery
of basic services.
Creation of Municipal Corporations
1. For province, city or municipality,
only by Act of Congress;
2. For barangays, ordinance passed by
respective Sanggunian

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

Plebiscite Requirement
approved by a majority of
the votes cast in a plebiscite
called for the purpose in the
political
unit/s
directly
affected (Sec. 10, R.A. 7160)
Based
on
verifiable
indicators of viability and
projected
capacity
to
provide services (Sec. 7, R.A.
7160) [Note: see Annex C]

Beginning of Corporate Existence


upon election and qualification
of its chief executive and
majority of members of its
Sanggunian, unless some other
time is fixed therefore by law or
ordinance creating it.
Mode of Inquiry to Legal
Existence of LGU: Quo warranto
which is reserved to State or
other direct proceedings
Abolition of LGU:
When income, population, or land
area of LGU has been reduced to less
than minimum standards prescribed
for its creation. The law or
ordinance abolishing LGU shall
specify
the
province,
city,
municipality or barangay with which
LGU sought to be abolished will be
incorporated or merged.
Division and Merger of LGUs
shall
comply
with
same
requirements, provided:
1. shall not reduce income, population
or land area of LGU concerned to
less than the minimum requirements
prescribed;
2. income classification of original LGU
shall not fall below its current
income
classification
prior
to
division;
3. Plebiscite be held in LGUs affected.
4. Assets and liabilities of creation shall
be equitably distributed between the
LGUs affected and new LGU. When
municipal district of other territorial
divisions is converted or fused into a
municipality all property rights

vested
in
original
territorial
organization shall become vested in
government of municipality.
V. POWERS OF LGUs
Classification of Powers of Local
Government Units
1. Express, implied and inherent;
2. Public or governmental, private or
proprietary;
3. Intramural and extramural; and
4. Mandatory and directory; ministerial
and discretionary.
Governmental Powers of LGU:
1. General Welfare (Sec. 16, R.A.
7160) statutory grant of police
power to LGUs. It is limited to:
a. territoriality;
b. equal protection clause;
c. due process clause; and
d. must not be contrary to law.
2. Delivery of basic services and
facilities (Sec. 17, of R.A. 7160);
3. Power to generate and apply
resources (Sec. 18, of R.A. 7160);
4. Eminent Domain (Sec. 19, of R.A.
7160);
Additional Limitations for Exercise
by LGU:
a. exercise by local chief executive
pursuant to an ordinance;
b. for public use, purpose or
welfare for benefit of poor and
landless;
c. payment of just compensation;
and
d. only after valid and definite
offer had been made to, and not
accepted by owner.(Municipality
of Paraaque v. V.M. Realty
Corp., 292 SCRA 678)
5. Reclassification of Lands (Sec. 20
of RA 7160)
Limited by following percentage of
total agricultural land area:
a. for HUC and independent
component cities: 15%;
b. for component cities and 1st to
3rd class municipalities: 10% ;
and
c. for 4th to 6th class municipalities:
5%.
6. Closure and opening of roads (Sec.
21 of RA 7160)

San Beda College of Law


79
MEMORY AID

In case of permanent closure:


a. adequate provision for public
safety must be made; and
b. may be properly used or
conveyed for any purpose for
which other real property may
be lawfully used or conveyed;
provided no freedom park be
permanently closed without
provisions or transfer to new
site.
7. Local legislative power (Secs. 4859 of RA 7160)
Approval of ordinances:
a. local chief executive with his
signature on each and every
page;
b. if local chief executive vetoes
the same, may be overridden by
2/3 vote of all sanggunian
members;
(i)
grounds
for
veto:
ordinance is ultra vires
or prejudicial to public
welfare;
(ii)
local chief executive
may
veto
particular
item/s of appropriation
ordinance, adoption of
local development plan
and public investment
plan,
or
ordinance
directing payment of
money
or
creating
liability; and
(iii)
local chief executive
may veto an ordinance
only once;
c. veto
communicated
to
sanggunian within 15 days for
province and 10 days for city or
municipality.
Requisites for validity:
a. must
not
contravene
the
Constitution and any statute;
b. must not be unfair or oppressive;
c. must
not
be
partial
or
discriminatory;
d. must not prohibit, but may
regulate trade;
e. must not be unreasonable; and
f. must be general in application
and consistent with public policy.
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

Barangay Chairman has no


veto power.
Corporate Powers of LGU:
1. to have continuous succession in its
corporate name;
2. to sue and be sued;
3. to have and use a corporate seal;
4. to acquire and convey real or
personal property;
5. power to enter into contracts;
Requisites of valid municipal
contracts:
a.
LGU has express, implied, or
inherent power to enter into a
particular contract;
b. Entered
into
by
proper
department, board, committee,
or agent;
c.
Must comply with substantive
requirements;
d. Must comply with formal
requirements; and
e. In case entered into by local
chief executive on behalf of
LGU, prior authorization by
Sanggunian
concerned
is
needed
6. to exercise such other powers as
granted to corporation, subject to
limitations
provided
in
Local
Government Code of 1991 and other
laws.
VI. MUNICIPAL LIABILITY:
Rule: Local government units and their
officials are not exempt from liability for
death or injury to persons or damage to
property (Sec. 24, R.A. 7160)
1. Statutory provisions on liability:
a. Art. 2189, Civil Code defective
condition of roads, streets,
bridges, public buildings, and
other public works;
b. Art. 2180(6th par.), Civil Code
acts through a special agent;
d. Art. 34, Civil Code failure or
refusal of a member of the
police force to render aid and
protection in case of danger to
life and property
2. for Tort depends if engaged in:
a. governmental functions not
liable;
b. proprietary functions liable

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

3. for Violation of Law


4. for Contracts if contract is:
a. intra vires liable;
b. ultra vires not liable
Doctrine of Implied Municipal
Liability a municipality may
become obligated upon an
implied contract to pay the
reasonable value of the benefits
accepted or appropriated by it as
to which it has the general
power to contract (Province of
Cebu v. IAC, 147 SCRA 447); the
doctrine applies to all cases
where money or other property
of a party is received under such
circumstances that the general
law, independent of an express
contract, implies an obligation to
do justice with respect to the
same (Nachura, Reviewer in
Political Law, p. 431)
VII. QUALIFICATION OF ELECTIVE
LOCAL OFFICIALS:
1. citizen of the Philippines;
2. registered
voter
of
barangay,
municipality, city, province, or
district where he intends to be
elected;
3. resident therein for at least 1 year
preceding election;
4. able to read and write Filipino or
local language or dialect; and
5. age:
a. 23 years of age Governor, Vice
Governor, Board Member, Mayor,
Vice Mayor or Member of City
Council for HUCs.
b. 21 years of age Mayor or Vice
Mayor of ICCs, component cities
or municipalities;
c. 18 years of age members of
ICC or component city or
municipal council or punong
barangay
or
member
of
barangay council;
d. at least 15 but not 21 years of
age candidate for sanggunian
kabataan.
(Sec. 39, RA 7160)
Disqualification of Elective Local
Official:
1. sentenced by final judgment for
offense involving moral turpitude or

2.
3.
4.
5.
6.
7.

punishable by 1 year or more of


imprisonment within 2 after service
of sentence;
those removed from office due to
administrative cases;
those convicted by final judgment
for violating oath of allegiance to
the Republic;
those with dual citizenship;
fugitives from justice in criminal or
non-political cases here or abroad;
permanent resident in foreign
country; and
insane or feeble-minded.(Sec.40,
RA.7160)

VIII. MANNER OF ELECTION


1. Elected at large
a. Governor; Vice Governor;
b. City or municipal mayor; City or
municipal vice-mayor;
c. Punong barangay,
d. SK chairman, elected by voters
of Katipunan ng Kabataan
2. Elected by District
a. regular members of Sanggunian
b. ex-officio
members
of
Sanggunian
(i.) panlalawigan
president of leagues of
sanggunian members of
component cities and
municipalities; and
president of liga ng mga
barangay and pederasyon
ng
mga
sanggunian
kabataan
(ii.) panlunsod
president of liga ng mga
barangay
and the
pederasyon ng mga SB
(iii.)
bayan
president of liga ng mga
barangay
and
the
pederasyon
ng
mga
sanggunian kabataan
3. Sectoral representatives women,
worker, urban poor, and other
sectors allowed by law.
Date of Election: Every 3 years on
2nd Monday of May, unless otherwise
provided by law.

San Beda College of Law


81
MEMORY AID

Term of Office: 3 years starting


from noon of June 30 next following
the election or such date as may be
provided by law, except that of
elective barangay officials, for
maximum of 3 consecutive terms in
same position.
Consecutive:
After
three
consecutive terms, an elective
local
official
cannot
seek
immediate reelection for a
fourth term. The prohibited
election refers to the next
regular election for the same
office following the end of the
third consecutive term. Any
other subsequent election, like a
recall election is no longer
covered by the prohibition
(Socrates vs. Comelec, G.R. No.
154512, November 12, 2002).
IX. GROUNDS FOR DISCIPLINARY
ACTIONS:
1. disloyalty to the Republic;
2. culpable
violation
of
Constitution;

POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

3. dishonesty, oppression, misconduct


in office, gross negligence or
dereliction of duty;
4. commission of offense involving
moral
turpitude
or
offense
punishable by at least prision mayor;
5. abuse of authority;
6. unauthorized
absence
for
15
consecutive working days except
sanggunian members;
7. application for, acquisition of ,
foreign citizenship or residence or
status of an immigrant of another
country; and
8. such other grounds as may be
provided in EC and other laws

Under Sec. 60 of RA 7160 an


elective local official may be
removed from office on the
grounds enumerated above
by order of the proper court
only (Salalima vs Guingona,
257 SCRA 55)

the

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

PUBLIC INTERNATIONAL LAW


I. PUBLIC INTERNATIONAL LAW
- Law that deals with the
conduct of States and international
organizations, their relations with each
other and, in certain circumstances,
their relations with persons, natural or
juridical (American Third Restatement)
Main Divisions:
1. Laws of Peace;
2. Laws of War;
3. Laws of Neutrality.
Basis of International Law
1. Law of Nature School based on
rules of conduct discoverable by
every
individual
in
his
own
conscience and through application
of right reasons.
2. Positivist School agreement of
sovereign states to be bound by it
(express in conventional law, implied
in customary law, and presumed in
general principles).
3. Eclectic or Groatian School a
compromise between the first 2
schools
and
submits
that
international law is binding partly
because it is good and right and
partly because states agreed to be
bound by it.
Sources of Public International Law:
1. Primary
a. international
treaties
and
conventions;
(i) law-making treaty (traiteloi);
(ii) contract treaty (traitecontract).
b. international customs;
Requisites:
(i)Prevailing practice by a
number of states;
(ii)repeated
over
a
considerable period of
time and;

(iii)attended by opinio juris


or
sense
of
legal
obligation
c. general principle of law.
2. Subsidiary
a. Judicial decisions;
b. writings of publicists; and
c. Advisory Opinions of the ICJ.
Constitution vs. Treaty
Generally, the treaty is rejected in the
local
forum but
is upheld
by
international tribunals as a demandable
obligation of the signatories under the
maxim pacta sunt servanda.
The treaty is always subject to
qualification or amendment by a
subsequent law, and the same may never
curtail or restrict the scope of the police
power of the State. (Ichong v.
Hernandez, GR no.L-7995, May 31, 1957)
Functions of International Law:
1. promote international peace and
security;
2. foster friendly relations among
nations and discourage use of force
in resolution of difference among
them;
3. provide for orderly regulation of
conduct of states in their mutual
dealings; and
4. ensure international cooperation in
pursuit of certain common purposes
of economic, social, cultural, or
humanitarian character.
INTERNATIONAL
LAW

MUNICIPAL
LAW

1.

Law of
coordination

1.

2.

Regulates
relation of states
and other
international
persons

2.

Law of
subordination
(issued by
political superior)
Regulates
relations of
individuals among
themselves or
with their own
states

San Beda College of Law


83
MEMORY AID
3.

Derived
principally from
treaties,
international
customs and
general principles
of law

3.

When recognized, considered as a


separate state for purposes of
conflict and entitled to all rights and
subjected to all obligations of a fullpledged belligerent under laws of
war.
United Nations international
organization
created
at
San
Francisco Conference held in the US
from April 25 to June 26, 1945. UN
succeeded the League of Nations and
is governed by a charter that came
into force on October 24, 1945.

Resolved thru
state-to-state
transactions

4.

Redressed thru
local
administrative
and judicial
processes

5.

Collective
responsibility
because it
attaches directly
to the state and
not to its
nationals

5.

Breach of which
entails individual
responsibility

Doctrine
of
incorporation

international law are adopted as part of


a states municipal law, by a general
provision or clause usually in its
Constitution. (Sec. 2, Art. II, 1987
Constitution)
Doctrine of transformation requires
the enactment by the legislative body of
such international law principles as are
sought to be part of municipal law.
II. SUBJECTS OF INTERNATIONAL
LAW:
- entity
that
has
rights
and
responsibilities under international
law and having capacity to maintain
its rights by bringing international
claims, includes:

8.

States, independent and dependent;


Colonies and dependencies;
Mandates and trust territories;
The Vatican;
The United Nations;
Belligerent Communities;
International administrative Bodies;
and
Individuals, to a certain extent.
Belligerent Community group of
rebels under an organized civil
government who have taken up arms
against
legitimate
government.

POLITICAL LAW COMMITTEE

POLITICAL LAW

Consists mainly of
statutory
enactments, and
to lesser extent
executive orders
and judicial
pronouncements

4.

1.
2.
3.
4.
5.
6.
7.

IN

Principal Purposes of UN
1. Maintain international peace and
security;
2. Develop friendly relations among
nations;
3. Achieve
international
cooperation: and
4. Center for harmonizing actions
of nations for attainment of
these common goals.
Qualifications for Membership:
1. must be state;
2. must be peace loving;
3. must accept obligations of
member-states
contained
in
Charter; and
4. must be able and willing to carry
out such obligation.
Principal Organs of UN:
1.
General Assembly central
organ where all members are
represented. Classification of
functions:
deliberative,
supervisory, financial, elective,
constituent.
2.
Security Council organ
responsible for maintenance of
peace and security, undertake
preventive and enforcement
actions.
3.
Economic and Social Council
exerts efforts towards higher
standards of living, solutions of
international economic, social,
health and related problems,
universal respect for and
observance of human rights
and fundamental freedoms.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

4.

Trusteeship Council organ


charged with administration of
International
Trusteeship
System (idle council);
5.
International Court of Justice
judicial organ of UN; World
Court governed by Statute
which is annexed to and made
part of UN charter;
Jurisdiction: decide issues
referred to it (consensual).
a. interpretation
of
treaty;
b. question
of
international law;
c. existence
of
fact
constituting a breach
of
international
obligation;
d. nature or extent of the
reparation to be made
for the breach of an
international
obligation.
6.
Secretariat

chief
administrative organ of UN.

Principle of State Continuity the


state continues as a juristic being
notwithstanding changes in its
circumstances provided only that
such change do not result in the loss
of any of its essential elements
III. RECOGNITION
act
by
which
a
state
acknowledges
existence
of
another state, government or
belligerent
community
and
indicates its willingness to deal
with the entity as such under
rules of international law.
Theories:
1. Declaratory merely affirms an
existing fact like the possession by
the state of the essential elements.
Discretionary and political;
2. Constitutive - it is the act of
recognition that constitutes the
entity into an international person.
Compulsory and legal; may be
compelled once the elements of a
state are established.

State a group of people, living together


in a fixed territory, organized for
political ends under an independent
government and capable of entering
into international relations with other
states
Creation of State: (RUSIA2)
1.by peaceful acquisition of
Independence (Philippines) ;
2. by Revolution (USA);
3. by Unification of several
states (Italy);
4.by Secession (Bangladesh);
5.by Agreement (Netherlands);
and
6.by Attainment of civilization
(Japan).

Objects:
1. State generally held to be
irrevocable
and
imports
the
recognition of its govt.
2. Government may be withdrawn
and does not necessarily signify the
existence of a state, as the
government may be that of a mere
colony.
3. Belligerent community rebels are
accorded international personality
only in connection with the
hostilities they are waging.

Extinction of State: ( MA2D2EP)


1.
Overthrow of government
resulting in anarchy;
2.
Emigration en masse of its
population;
3.
Annexation;
4.
Merger or unification;
5.
Dismemberment;
6.
Dissolution of federal union;
7.
Partial loss of independence

Effects of Recognition of a State or


Government:
1. Diplomatic relations;
2. Right to sue in courts of recognizing
state;
3. Right to possession of properties of
predecessor on the reorganizing
state.
4. All acts of the recognized state or
government
are
validated
retroactively,
preventing
the

Kinds:
1. express or implied; and
2. conditional or permanent

San Beda College of Law


85
MEMORY AID
recognizing state from passing upon
their legality in its own courts.
Conditions
for
Recognition
of
Belligerency:
1. organized civil government;
2. rebels occupy a substantial portion
of territory;
3. conflict is serious and outcome is
uncertain;
4. rebels are willing to observe the laws
of war.
absence of one state of
insurgency
Effects of Recognition of Belligerency:
1. Responsibility for acts of rebels
resulting to injury to nationals of
recognizing state shall be shifted to
rebel government;
2. The
legitimate
government
recognizing the rebels as belligerents
shall observe laws/customs of war in
conducting hostilities;
3. Third states recognizing belligerency
should maintain neutrality;
4. Recognition is only provisional and
only for purposes of hostilities.
Wilson/Tobar Doctrine precludes
recognition of government established by
revolution, civil war, coup detat or
other forms of internal violence until the
freely elected representatives of people
have
organized
a
constitutional
government
(Ecuadorian
Foreign
Minister Tobar and US Pres. Woodrow
Wilson)
Stimson Doctrine precludes recognition
of any government established as result
of external aggression (US Sec of State
Henry Lewis Stimson)
Estrada Doctrine dealing or not dealing
with the government established through
a political upheaval is not a judgment on
the legitimacy of the said government
(Mexican Minister Genaro Estrada)

Requisites for recognition de jure:


POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

1. Government is stable and effective;


2. No substantial resistance to its
authority;
3. The
government
must
show
willingness and ability to discharge
its international obligations; and
4. The government must enjoy popular
consent or approval of the people.
absence of one recognition de
facto
RECOGNITION
DE JURE
1.

Relatively
permanent

2.

vests title
properties
government
abroad

RECOGNITION
DE FACTO
1.

Provisional
(duration
of
armed struggle)

to
of

2.

does NOT vest


title
to
properties
of
government
abroad

3.

brings about full


diplomatic
relations

3.

limited
to
certain juridical
relations

IV.

FUNDAMENTAL RIGHTS OF STATES


(TILE2)
1.
Existence and self-defense;
2.
Sovereignty
and
Independence;
3.
Equality;
4.
Territorial
Integrity
and
jurisdiction;
5.
Legation
or
diplomatic
intercourse

A. RIGHT TO EXISTENCE AND SELFDEFENSE


most comprehensive as all other
rights of state flow from it;
state
may
take
measures
including use of force as may be
necessary to counteract any
danger to its existence.

Aggression use of armed force by a


state against sovereignty, territorial

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

integrity or political independence of


another state or in other manner
inconsistent with the UN charter.
Requisites for Proper Exercise of Right
of Self-defense:
1. armed attack;
2. self-defensive action taken by
attacked state must be reported
immediately to Security Council; and
3. such action shall not in any way
affect right of Security Council to
take at any time action as it deems
necessary to maintain or restore
international peace and security.
B. RIGHT OF SOVEREIGNTY AND
INDEPENDENCE
Sovereignty totality of the powers,
legal competence, and privileges arising
from customary international law, and
not dependent on the consent of another
state
Independence means freedom from
control by other state or group of states
and not freedom from the restrictions
that are binding on all states forming the
family of nations; carries with it by
necessary implication the correlative
duty of non-intervention
C. RIGHT OF EQUALITY
every state is entitled to same
protection and respect as are
available to other state under
rules of international law.
D. RIGHT TO TERRITORIAL INTEGRITY
AND JURISDICTION
Components of the Territory of A State:
1. Terrestrial land mass on which the
inhabitants live;
2. Maritime and Fluvial
a. internal or national waters
bodies of water within the land
mass, among them are:
(i) rivers which may be (a)
national; (b) boundary; (c)
international
(iA) Thalweg Doctrine for
boundary rivers, in the
absence of an agreement
between
the
riparian

states, the boundary line


is laid on the middle of
the
main
navigable
channel.
(iB)
Middle of the Bridge
Doctrine where there is
a bridge over a boundary
river, the boundary line is
middle or center of the
bridge.
(ii) bays and gulfs
(iii) strait
b.
Archipelagic waters
ARCHIPELAGO DOCTRINE The waters
around, between and connecting the
islands of the archipelago regardless of
their breadth and dimensions are to be
treated as internal waters
Two kinds of archipelago:
1. coastal situated close to a
mainland
and
may
be
considered a part thereof;
e.g. Loften Islands, Norway.
2. mid-ocean situated in the
ocean at such distance from
the coasts of firm land. e.g.
Indonesia.
c.
Territorial sea
d.
Submarine area
3. Aerial domain
MODES OF
ACQUIRING
TERRITORY
1.

1.

Dereliction

2.

Cession

3. Accretion

3.

Conquest

4. Prescription

4.

2.

5.

Discovery and
occupation
Cession

LOSS
OF
TERRITORY

Conquest and
subjugation

Erosion, or other
natural causes
5. Prescription

Bases of Jurisdiction:
1. Territorial
principle

vests
jurisdiction in state where offense
was committed (Art. 14, NCC);
2. Nationality
principle

vest
jurisdiction in state of offender (Art.
15, NCC, tax laws);
3. Protective
principle

vest
jurisdiction in state whose national

San Beda College of Law


87
MEMORY AID
interests is injured or national
security
compromised
(counterfeiting, treason, espionage);
4. Passive personality principle
vests jurisdiction in state of
offended party.
5. Universality
principle

vest
jurisdiction in state which has
custody of offender of universal
crimes (piracy, genocide);
Genocide acts committed with intent
to destroy, in whole and in part a
national, ethnic, racial, or religious
group by:
1. killing members of the group;
2. deliberately inflicting on group
conditions of life calculated to bring
about its physical destruction in
whole or in part;
3. imposing measures intended to
prevent births within the group;
4. causing serious bodily or mental
harm to members of the group; and
5. forcibly transferring children of the
group to another .
Five Air of Freedoms for Scheduled
International Services:
1. freedom to fly across foreign
territory without landing;
2. freedom to land for non-traffic
purposes;
3. freedom to put down traffic
originating in state of aircraft;
4. freedom to embark traffic destined
for state of aircraft; and
5. freedom to embark traffic destined
for, or to put down traffic coming
from, third state.
Exemptions from Jurisdiction:
1. Doctrine of State Immunity;
2. Act of State Doctrine court of one
state will not sit in judgment over
acts of government of another state
done in its territory.
3. Diplomatic Immunity;
4. Immunity
of
UN
Specialized
agencies,
other
International
Organizations, and its Officers;
5. Foreign Merchant vessels exercising
the right of innocent passage;
6. Foreign armies passing through or
stationed in the territory with the
permission of the State;
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

7. Warships and other public vessels of


another State operated for noncommercial purposes.
Rules on Jurisdiction Under the Visiting
Forces Agreement
1. Exclusive
jurisdiction
over
US
personnel
a. Offenses punishable under Phil
laws but not under US laws
Philippine
b. Offenses punishable under US
laws but not under Phil laws - US
2. Concurrent
jurisdiction
Phil
authorities shall have primary right
to exercise jurisdiction over all
offenses committed by US personnel
except:
a. violations of US military laws;
b. Offenses punishable under US
laws but not under Phil laws;
c. Offenses solely against the
property or security of the US or
against the property or person of
US personnel;
d. Offenses arising out of any act or
omission done in performance of
official duty.
*in a, b, c, & d above, the US
Military authorities have primary
jurisdiction.
3. The authorities of either government
may request the authorities of the
other government to waive the
primary right to exercise jurisdiction
in a particular case.
4. Upon request by the US, Phil
authorities may waive primary
jurisdiction over offenses committed
by US personnel except cases of
particular
importance
to
the
Philippines such as violations of the
Heinous Crimes Act, Anti-Drugs Law,
Anti-Child Abuse Law.
Doctrine of Hot Pursuit
Requisites:
1. Pursuit commence from internal
water,
territorial
sea
or
contiguous zone of pursuing
state;
2. Continuous and unabated;
3. Conducted by warship, military
aircraft,
government
ships
authorized for the purpose;

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

4. Ceases as soon as the ship being


pursued enters the territorial sea
of its own, or of a third, state.
E. RIGHT OF LEGATION
right of state to maintain
diplomatic relations with other
states
Governed
by
the
Vienna
Convention
on
Diplomatic
Relations (1961)
Active right of legation send
diplomatic representatives
Passive right of legation
receive
diplomatic
representatives
Agents of Diplomatic Intercourse:
1. head of state;
2. foreign secretary of minister; or
3. members of diplomatic service.
Functions of Diplomatic Missions:
1. representing
sending
state
in
receiving state;
2. protecting
in
receiving
state
interests of sending state and its
nationals;
3. negotiating with government of
receiving state;
4. promoting friendly relations between
sending and receiving states and
developing their economic, cultural
and scientific relations;
5. ascertaining by all lawful means
conditions and developments in
receiving
state
and
reporting
thereon to government of sending
state; and
6. in some cases, representing friendly
governments at their request.
Agreation process in appointment of
diplomatic envoy. Where states resort to
an informal inquiry (enquiry) as to the
acceptability of a particular envoy, to
which the receiving state responds with
an informal conformity (agreement).
Letre de Creance(Letter of Credence)
with the name, rank and general
character of his mission, and a request
for favorable reception and full
credence.

Kinds of Consuls
1. consules missi professional or
career consuls who are nationals of
sending state and are required to
devote their full-time to discharge
their duties; and
2. consules electi may or not be
nationals of sending state and
perform consular functions only in
addition to their regular callings.
Ranks:
1. consul-general heads several
consular
districts,
or
one
exceptionally
large
consular
district;
2. consul takes charge of a small
district or town or port;
3. vice-consul assists the consul;
and
4. consular
agent

usually
entrusted with the performance
of certain functions by the
consul.
Privileges and Immunities Accorded to
Diplomatic Envoy: (PCLIST)
1. Inviolability of premises and
archives;
2. Right of official communications;
3. Exemption
from
local
jurisdiction;
4. Personal inviolability;
5. Exemption from subpoena; and
6. Exemption from taxation/custom
duties.
Exterritoriality exception of persons
and property from local jurisdiction on
basis of international customs.

If the acts giving rise to a suit


are
those
of
a
foreign
government done by its foreign
agent, although not necessarily a
diplomatic personage, but acting
in his official capacity, the
complaint could be barred by the
immunity
of
the
foreign
sovereign from suit without its
consent. (Municher vs. CA, G.R.
No. 142396, February 11, 2003)

V. TREATY
An
international
agreement
concluded between states in written
form and governed by international law

San Beda College of Law


89
MEMORY AID

IN

POLITICAL LAW

whether embodied in a single instrument


or in two or more related instruments
(Vienna Convention on the Law of
Treaties, 1969)

to regulate the relations between the


church and the state in those matters
which, in some respect are under the
jurisdiction of both.

Requisites: (SCRAD)
1. Entered into by parties having
treaty-making capacity;
2. Through their authorized organs or
representatives;
3. Without attendance of duress,
fraud, mistake or other vices of
consent;
4. Lawful subject matter and object;
and
5. Ratification in accordance with
their
respective
constitutional
processes.

Pacta Sunt Servanda Every treaty in


force is binding upon the parties to it
and must be performed by them in good
faith. (Art. 26, Vienna Convention on
the Law of Treaties).

Effect of Unwritten Treaty


1. has legal force;
2. convention
rules
on
matters
governed by international law
independently of convention shall
apply; and
3. convention rules apply to the
relations of states as between
themselves
under
international
agreement with other subjects as
parties.

Most Favored Nation Clause pledge


made by a contracting party to a treaty
to grant to other party treatment not
less favorable than that which had been
given or may be granted to the most
favored among parties.

Steps in Treaty-making Process:


1. Negotiation;
2. Signature;
3. Ratification;
4. Exchange
of
instruments
ratification; and
5. Registration with UN.

of

Doctrine of Unequal Treaties treaties


which have been imposed in an unequal
character, are void.
Jus Cogens customary international
law that has attained the status of a
peremptory
norm,
accepted
and
recognized
by
the
international
community of states as a rule from which
no derogation is permitted and can be
modified only by a subsequent norm
having the same character. e.g customs
out-lawing slave trade, genocide,
terrorism, etc.
Concordat a treaty or agreement
between ecclesiastical and civil powers
POLITICAL LAW COMMITTEE

Rebus Sic Stantibus legal principle


which would justify non-performance of
treaty obligations where an unforeseen
or substantial changes occur which
would render one of the parties thereto
unable to undertake treaty obligations as
stipulated therein.

Interpretation of Treaties
1. Founding Father Test;
2. Literal or textual;
3. Teleological aims and
school

objects

Termination of Treaty: (NEW DEVIL


(made) VITAL) ACCOMPLISHMENT
1. expiration of term;
2. accomplishment of purpose;
3. impossibility of performance;
4. loss of subject matter;
5. novation;
6. desistance of parties;
7. extinction of one of parties, if treaty
is bipartite;
8. occurrence of vital change of
circumstance;
9. outbreak of war; and
10. voidance of treaty.
Protocol de cloture an instrument
which records the winding up of the
proceedings of a diplomatic conference
and usually includes a reproduction of
the texts of treaties, conventions,
recommendations and other acts agreed
upon and signed by the plenipotentiaries
attending the conference. It is not the
treaty itself and does not require the

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

concurrence of the Senate. (Taada v.


Angara, 272 SCRA 18).
TREATY
1.

Basic
political
issues ; changes
of
national
policies
permanent
international
agreements

EXECUTIVE
AGREEMENT
1.

2.

adjustment
of
details carrying
out established
national policies
temporary
arrangements

Validity of the Balikatan Exercises


- The VFA permits United States
personnel to engage, on an impermanent
basis, in "activities," the exact meaning
of which was left undefined. The
expression is ambiguous, permitting a
wide scope of undertakings subject only
to the approval of the Philippine
government. After studied reflection, it
appeared farfetched that the ambiguity
surrounding the meaning of the word
"activities" arose from accident. In our
view, it was deliberately made that way
to give both parties a certain leeway in
negotiation. In this manner, visiting US
forces may sojourn in Philippine territory
for purposes other than military.
As conceived, the joint exercises
may include training on new techniques
of patrol and surveillance to protect the
nation's marine resources, sea searchand-rescue operations to assist vessels in
distress, disaster relief operations, civic
action projects such as the building of
schoolhouses, medical and humanitarian
missions, and the like (Lim vs. Honorable
Executive Secretary, G.R. No. 151445,
April 11, 2002).
VI . NATIONALITY AND

STATELESSNESS

Doctrine of Effective Nationality


expressed in Art.5 of the Hague
Convention of 1930 on the Conflict of
Nationality Laws that states that within
a third State a person having more than
one nationality shall be treated as if he
had only one either the nationality of
the country in which he is habitually and
principally resident or the nationality of
the country with which in the

circumstances he appears to be in fact


most closely connected. (Frivaldo v.
Comelec, 174 SCRA 245)
Statelessness condition or status of
individual who is born without any
nationality or who loses his nationality
without retaining or acquiring another.
Treatment of Stateless Individual
- international conventions provide that
stateless individuals are to be treated
more or less like the subjects of a
foreign state.
Reintegration recovery of nationality
by individuals who are natural born
citizens of a state, but who lost their
nationality.
VII . TREATMENT OF ALIENS

Flowing from its right to


existence and as an attribute of
sovereignty, no State is under
obligation to admit aliens. The
State can determine in what
cases and under what conditions
it may admit aliens

Deportation expulsion of an alien


considered undesirable by local state,
usually but not necessarily to his own
state.
Reconduction -- forcible conveying of
aliens back to their home state without
any formalities
A. Doctrine of State Responsibility state may be held liable for injuries
and damages sustained by the alien
while in the territory of the state
provided:
1. the act or omission constitutes
an international delinquency;
2. the act or omission is directly
or indirectly imputable to the
State; and
3. injury to the claimant State
indirectly because of damage to
its national.
Direct State Responsibility where the
international
delinquency
was
committed by superior government
officials or organs like the chief of state
or the national legislature, liability will

San Beda College of Law


91
MEMORY AID
attach immediately as their acts may not
be effectively prevented or reversed
under the constitution or laws of the
state.
Indirect State Responsibility where
the offense is committed by inferior
government official or by private
individuals, the state will be held liable
only if, by reason of its indifference in
preventing or punishing it, it can be
considered to have connived in effect in
its commission.
International Standard of Justice the
standard of the reasonable state that is,
as referring to the ordinary norms of
official conduct observed in civilized
jurisdiction; thus, to constitute an
international delinquency, the treatment
of an alien should amount to an outrage,
bad faith, willful neglect of duty, and
insufficiency of governmental action that
every reasonable and impartial man
would readily recognize its insufficiency.
Calvo Clause provision frequently
inserted in contracts where nationals of
another state renounce any claim upon
his national state for protection.
But such waiver can be legally
made only by aliens state.
B. Refugees
Requisites:
1. Those who are outside the country of
his nationality or if stateless, outside
the
country
of
his
habitual
residence;
2. Lacks national protection; and
3. Fears persecution.
Non-refoulement prohibits a state to
return or expel refugee to the territory
where he escaped because his life or
freedom is threatened. The state is
under obligation to grant temporary
asylum. (Refugee Convention of 1951)
Diplomatic
Asylum

refuge
in
diplomatic premises
Political Asylum - refuge in another
state for political offense, danger to life,
no assurance of due process.
C. Extradition
POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

- surrender of a fugitive by one state


to another where he is wanted for
prosecution or, if already convicted, for
punishment. Surrender is made at
request of latter state on basis of
extradition treaty.
General Principles:
1. Based on consent expressed through
treaties
2. SPECIALTY- a fugitive who is
extradited may be tried only for the
crime specified in the request for
extradition and included in the list
of offenses in the treaty.
3. NON-LIST TYPE OF TREATY- offenses
punishable under the laws of both
states by imprisonment of one year
or more are included among the
extraditable offenses.
4. Any person may be extradited; he
need not be a citizen of the
requesting State
5. Political or religious offenders are
generally not subject to extradition

Attentat
Clause
assassination of head of
state or any member of his
family is not regarded as
political offense for purposes
of extradition. Also for the
crime of genocide.

6. offense
must
have
been
committed within the territory
or against the interest of the
demanding State
7. double criminality -- act for
which the extradition is sought
must be punishable in both
States
Procedure for Extradition (Judicial
and diplomatic process of request
and surrender) PD 1069
1. Request
through
diplomatic
representative with:
a. decision of conviction;
b. criminal charge and warrant
of arrest;
c. recital of facts;
d. text of applicable law
designating the offense;
e. pertinent papers;
2. DFA forwards request to DOJ;

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

3. DOJ
files
petition
for
extradition with RTC;
4. Upon receipt of a petition for
extradition and its supporting
documents, the judge must study
them and make, as soon as
possible, a prima facie finding
whether (a) they are sufficient in
form and substance, (b) they
show compliance with the
Extradition Treaty and Law, and
(c) the person sought is
extraditable. At his discretion,
the judge may require the
submission
of
further
documentation or may personally
examine
the
affiants
and
witnesses of the petitioner. If,
in spite of this study and
examination, no prima facie
finding is possible, the petition
may be dismissed at the
discretion of the judge.
On the other hand, if the
presence of a prima facie case is
determined, then the magistrate
must immediately issue a
warrant for the arrest of the
extraditee, who is at the same
time summoned to answer the
petition and to appear at
scheduled summary hearings.

Prior to the issuance of the warrant,


the judge must not inform or notify
the potential extraditee of the
pendency of the petition, lest the
latter be given the opportunity to
escape
and
frustrate
the
proceedings. The
foregoing
procedure will best serve the ends
of justice in extradition cases;
(Government of the US vs. Hon.
Purganan and Mark Jimenez G.R. No.
G.R. No. 148571. September 24,
2002)
5. hearing (provide counsel de
officio if necessary);
6. appeal to CA within ten days
whose decision shall be final
and executory;
7. Decision forwarded to DFA
through the DOJ;

8. Individual placed at the


disposal of the authorities of
requesting state costs and
expenses to be shouldered
by requesting state.

A state may not compel another


state to extradite a criminal without
going through the legal processes
provided in the laws of the former.
Due
process
requirement
complied at the RTC level upon
filing of petition for extradition.
No need to notify the person
subject of the extradition
process when the application is
still with the DFA or DOJ
Extradition is not a criminal
proceeding which will call into
operation all the rights of an
accused provided in the bill of
rights
For the provisional arrest of an
accused to continue, the formal
request for extradition is not
required to be filed in court it
only needs to be received by the
requested state in accordance
with PD 1069

Entitlement to Bail
As suggested by the use of the word
conviction,
the
constitutional
provision on bail, as well as Section 4 of
Rule 114 of the Rules of Court, applies
only when a person has been arrested
and detained for violation of Philippine
criminal laws. It does not apply to
extradition
proceedings,
because
extradition courts do not render
judgments of conviction or acquittal.
Exception: after a potential extraditee
has been arrested or placed under the
custody of the law, bail may be applied
for and granted only upon a clear and
convincing showing (1) that, once
granted bail, the applicant will not be a
flight risk or a danger to the community;
and (2) that there exist special,
humanitarian
and
compelling
circumstances including, as a matter of
reciprocity, those cited by the highest
court in the requesting state when it
grants provisional liberty in extradition
cases therein. (Government of the US vs.

San Beda College of Law


93
MEMORY AID
Hon. Purganan and Mark Jimenez G.R.
No. G.R. No. 148571. September 24,
2002)
VIII . INTERNATIONAL DISPUTE
actual disagreement between states
regarding conduct to be taken by
one of them for protection or
vindication of interest of other.
Art. 33 of the UN Charter provides
that the parties to any dispute shall
first seek a solution through pacific
or amicable methods
Amicable Methods of Settling Disputes:
(JC MARGEN)
1. Negotiation
2. Enquiry
3. Tender of Good offices
4. Mediation
5. Conciliation
6. Arbitration
7. Judicial settlement; and
8. Resort to regional and international
organizations.
Hostile methods: (SIR2)
1. Severance of dipomatic relations;
2. Intervention;
3. Reprisal;
4. Retorsion.
Intervention act by which state
interferes with domestic or foreign
affairs of another state through the use
of force or threat of force.
When Intervention is Sanctioned:
1. as an act of self-defense;
2. when decreed by the Security
Council
as
a
preventive
or
enforcement
action
for
the
maintenance of international peace
and security;
3. when such action is agreed upon in a
treaty; or
4. when requested from fellow states
or from the United Nations by the
parties to a dispute or a state beset
by rebellion.
Drago Doctrine intervention not
allowed for purpose of making state pay
its public debts.

POLITICAL LAW COMMITTEE

IN

POLITICAL LAW

Retorsion retaliation where acts


complained of do not constitute legal
ground of offense but are rather in
nature of unfriendly acts done in
pursuance of legitimate state interest
but indirectly hurtful to other states.
Reprisal unlawful acts taken by one
state in retaliation for also unlawful acts
of another state, purpose being to bring
offending state to terms. Includes:
1. Display of force;
2. Pacific blockade;
3. Occupation of territory; and
4. Suspension of treaties;
5. Embargo detention by state
seeking redress of vessels of
offending state or its nationals,
whether such vessels are found
in territory of former or in the
highseas.
X. WAR
armed
contention
between
public forces of states or other
belligerent communities implying
employment of force between
parties for purpose of imposing
their respective demands upon
each other.
Basic Principles of War:
1. Principle of Military necessity
belligerents may employ any amount
and kind of force to compel
complete submission of enemy with
least possible loss of lives, time and
money;
2. Principle of Humanity prohibits
use of any measure that is not
absolutely necessary for purposes of
war; and
3. Principle of Chivalry basis of such
rules
as
those
that
require
belligerents to give proper warning
before launching a bombardment or
prohibit use of perfidy (treachery) in
conduct of hostilities.
Participants in War:
1. Combatants
a. non-privileged;
b. privileged.
2. Spies;
3. Mercenaries.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala

Rights of a Prisoner of War:


1. To be treated humanely;
2. Not subject to torture;
3. Allowed to communicate with their
families;
4. Receive food, clothing, religious
articles, medicine;
5. bare minimum of information;
6. keep personal belongings
7. proper burial;
8. group according to nationality;
9. establishment of an information
bureau;
10. repatriation for sick and wounded
(1949 Geneva Convention)
Termination of War:
1. simple cessation of hostilities;
2. conclusion of a negotiated treaty of
peace; and

3. defeat of one of belligerents.

X. NEUTRALITY
condition of state that does not
take part, directly or indirectly
in war between other states.
Angary belligerent may upon payment
of just compensation, seize, use or
destroy, in case of urgent necessity for
purposes of offense or defense neutral
property found in its territory, in enemy
territory or on high seas.

NEUTRALITY

NEUTRALIZATION

1. dependent

on
attitude
of
neutral
state,
which is free to
join either of
belligerents any
time it sees fit

1.

result of treaty
wherein
duration
and
other conditions
are agreed upon
by neutralized
state and other
states

2. governed by laws

2.

governed
by
neutralization
agreement

only

3.

intended
to
operate in peace
and in war

4. only states may

4.

applicable
to
portion of state

of nations

3. obtains
during war

become neutral