ATENEO CENTRAL BAR OPERATIONS 2007 Political Law SUMMER REVIEWER

CONSTITUTIONAL LAW ............................................................................................................................. 2 ARTICLE I – THE NATIONAL TERRITORY ............................................................................................... 2 ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES................................................... 2 ARTICLE III – BILL OF RIGHTS ................................................................................................................. 4 ARTICLE IV – CITIZENSHIP .................................................................................................................. 23 ARTICLE V – SUFFRAGE ......................................................................................................................24 ARTICLE VI – THE LEGISLATIVE DEPARTMENT............................................................................... 25 ARTICLE VII. THE EXECUTIVE DEPARTMENT .................................................................................. 35 ARTICLE VIII. THE JUDICIAL DEPARTMENT...................................................................................... 43 ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS ..................................................................... 46 THE CIVIL SERVICE COMMISSION................................................................................................. 47 THE COMMISSION ON ELECTIONS................................................................................................ 50 THE COMMISSION ON AUDIT ......................................................................................................... 53 ARTICLE X: LOCAL GOVERNMENT.................................................................................................... 54 ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS................................................................... 57 ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY ................................................................... 61 ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS..................................................................... 65 ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS .... 67 ARTICLE XVI - GENERAL PROVISIONS.............................................................................................. 68 ARTICLE XVII- AMENDMENTS OR REVISIONS................................................................................... 69 ARTICLE XVIII - TRANSITORY PROVISIONS ...................................................................................... 71 PUBLIC INTERNATIONAL LAW ............................................................................................................... 72 THE NATURE OF INTERNATIONAL LAW............................................................................................ 72 SOURCES OF INTERNATIONAL LAW..................................................................................................72 TREATIES .............................................................................................................................................. 73 INTERNATIONAL LAW AND MUNICIPAL LAW..................................................................................... 74 SUBJECTS OF INTERNATIONAL LAW.................................................................................................74 STATE RESPONSIBILITY...................................................................................................................... 76 SETTLEMENT OF DISPUTES ............................................................................................................... 77 SPECIAL TOPICS .................................................................................................................................. 77 LAW ON HUMAN RIGHTS..................................................................................................................... 81 ADMINISTRATIVE LAW ............................................................................................................................ 84 LAW ON PUBLIC CORPORATION ........................................................................................................... 89 LAW ON PUBLIC OFFICERS .................................................................................................................... 98 ELECTION LAW....................................................................................................................................... 104

QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

—Advisers: Atty. Sedfrey Candelaria; Head: Patricia Libo-on; Understudy: Grip Bueta Members: Felippe Closa, Juancho Hernandez, Immaculada Ylagan

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
CONSTITUTIONAL LAW Article I – THE NATIONAL TERRITORY The national territory of the Philippines comprises: 1) the Philippine archipelago; 2) all other territories over which the Philippines has sovereignty or jurisdiction PHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty with Great Britain (1930). – consists of its a)Terrestrial b)Fluvial c) Aerial domains – including its a)Territorial sea b)The seabed c) The subsoil d)The insular shelves; and e)The other submarine areas INTERNAL WATERS – the waters Around, Between and Connecting the islands of the archipelago, regardless of their breadth and dimensions ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION –includes any territory that presently belongs or might in the future belong to the Philippines through any of the accepted international modes of acquiring territory. ARCHIPELAGIC PRINCIPLE Two elements: 1. The definition of internal waters (supra); 2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines connecting the outermost points on the coast without departing to any appreciable extent from the general direction of the coast.
are needed see this picture. Important distances with to respect to the waters around the Philippines Territorial Sea 12 nautical miles (n.m.) Contiguous Zone 12 n.m. from the edge of the territorial sea Exclusive 200 n.m. from the baseline Economic Zone [includes T.S. and C.Z.] NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ without a Continental Shelf. QuickTime™ and a TIFF (Uncompressed) decompressor

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. 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. EXCLUSIVE ECONOMIC ZONE Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources The state in the EEZ exercises jurisdiction with regard to: 1. the establishment and use of artificial islands, installations, and structures; 2. marine scientific research; 3. the protection and preservation of marine environment; Article II – DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles Sec. 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. Elements of a State (for municipal law purposes) 1) People – A group of persons sufficiently numerous held together by a common bond 2) Territory – A definite area over which the State exercises sovereign jurisdiction 3) Sovereignty – Power of the State to regulate matters within its own territory. 4) Government – Institution organized and run in order to manage the affairs of the State. Classification of governments 1) De jure – Government which is placed in power following legal / constitutional processes. 2) De facto – a government that actually exercises power or control but without legal title. Classification of de facto governments
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Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
1) De facto proper a. That government that gets possession and control of b. or usurps by force or by the voice of majority c. the rightful legal government d. and maintains itself against the will of the latter. 2) Government of paramount force a. That which is established and maintained by military forces b. who invade and occupy a territory of the enemy c. in the course of war. d. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state. “REPUBLICAN STATE” It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people. “DEMOCRATIC STATE” This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. • The Philippines renounces AGGRESSIVE war as an instrument of national policy, but allows for a defensive war. Pimentel, Jr. v Office of the Executive Secretary (462 SCRA 622) (July 6, 2005) Ratio: 1) Signing of the Treaty shows the assent of the State to the treaty which it seeks to enter and has the corresponding duty on the State to refrain from actions which may defeat the purpose of the treaty. 2) A State party is not bound to ratify a treaty which it signs, however it goes without saying that the refusal must be based on substantial grounds and not on superficial or whimsical reasons. 3) The President has the discretion even after the signing of the treaty by the Philippine representative whether or not to ratify the same. 4) It is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it. Southern Cross Cement Corporation v. Cement Manufacturers Association of the Philippines (465 SCRA 532) (August 3, 2005) Ratio: Our treaty obligations dissuade the State for now from implementing default protectionist trade measures such as tariffs, and allow the same only under specified conditions. To insulate factual determination from political pressure, and to assure that it be conducted by an entity especially qualified by reasons of its general functions to undertake such investigation, Congress deemed it necessary to delegate to the Tariff Commission the function of ascertaining whether or not those factual conditions exist to warrant the atypical imposition of safeguard measures

Examples of Generally Accepted Principles of International Law" cited in Philippine Jurisprudence: 1) The right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70) 2) The right of a country toandestablish military QuickTime™ a TIFF (Uncompressed) decompressor commissions to are needed to see criminals (Kuroda v. try war this picture. Jalondoni, 83 Phil. 171) 3) The Vienna Convention on Road Signs and Signals and Pacta Sunt Servanda (Agustin v. Edu, 88 SCRA 195) 4) Duty to protect the premises of embassies and legations (Reyes v. Bagatsing, G.R. 65366)

Sec. 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
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Civilian authority/Supremacy clause (1 sentence) The Constitution provides that the head of the armed forces is a civilian president and the primary purpose of AFP is to serve and protect the people.

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Paramount considerations in its relations with other states: 1) National sovereignty 2) Territorial integrity 3) National interest 4) Right to self-determination Sec. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. Factoran. under conditions provided by law. in the fulfillment thereof. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. No person shall be deprived of life. the military is the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. The policy does NOT prohibit and a peaceful use of QuickTime™ the TIFF (Uncompressed) decompressor nuclear energy. to render personal. 12. consistent with the national interest. control and manufacture of nuclear weapons b) Nuclear arms tests. nor shall any person be denied the equal protection of the laws. and prohibit political dynasties as may be defined by law. Policy of freedom from nuclear weapons 1. Hence. 7. Selected state policies Sec. the Roe v. territorial integrity. it is an expression against military abuses. Protection for the unborn It is not an assertion that the unborn is a legal person. when it is necessary to save the life of the mother. Article III – BILL OF RIGHTS Sec. The Philippines. the life of the unborn may be sacrificed. In its relations with other states. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. Sec. 4. The State shall guarantee equal access to opportunities for public service. The maintenance of peace and order. 2. Subject to reasonable conditions prescribed by law. and the right to self-determination. The prime duty of the Government is to serve and protect the people. Negatively. The Government may call upon the people to defend the State and. Page 4 of 125 . The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Sec. national interest. Sec. () The right to a balanced and healthful ecology carries with it an intergenerational responsibility to care for and protect the environment. It shall equally protect the life of the mother and the life of the unborn from conception x x x Oposa v. 5.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Mark of sovereignty (2nd and 3rd sentences) Positively. Sec. The separation of Church and State shall be inviolable. 27. 224 SCRA 792 The right to a balanced and healthful ecology is not less important than any of the civil and political rights enumerated in the Bill of Rights. the protection of life. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. the paramount consideration shall be national sovereignty. are needed to see this picture. Principle that the family is not a creature of the state. Under this provision. military. adopts and pursues a policy of freedom from nuclear weapons in its territory. The policy PROHIBITS: a) The possession. 16. The State shall pursue an independent foreign policy. 6. or civil service. Sec. Sec. liberty or property without due process of law. 8. all citizens may be required. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. 1. 26. 28. Sec. Sec. liberty and property.

b. which is the subject of the proceedings. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it. (notice and hearing) d. g. c. Violation of due process: when same person reviews his own decision on appeal. Proceedings in student disciplinary cases may be summary. Requisites of PROCEDURAL due process: For JUDICIAL proceedings: CODE: I J H J a. The student has the right to adduce evidence in his own behalf. of Lands) . The board or body should. with the assistance of counsel if desired. For ADMINISTRATIVE proceedings: CODE: H E D S H I P a. The requirement of due process can be satisfied by subsequent due hearing. it varies with the subject matter and the necessities of the situation. or b. c. The decision must have something to support itself. The tribunal must consider the evidence presented. proceeds upon inquiry and renders judgment only after trial. b. e. The student has the right to be informed of the evidence against him. -A law which hears before it condemns. The right to a hearing.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 “POLICE POWER” Power vested in the legislature by the Constitution to make.Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting one’s person or property (Lopez v. cross-examination is not essential Page 5 of 125 . Serious breach of discipline. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy. and not simply accept the views of a subordinate in arriving at a decision. e. Jurisdiction must be lawfully acquired over the person of the defendant or over the property.Due process depends on circumstances. and a QuickTime™ which includes the TIFF (Uncompressed) decompressor right to present one’s picture. and application of laws. Dir. d. render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered. The defendant must be given notice and an opportunity to be heard. and establish all manner of wholesome and reasonable laws. ordain. The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. Judgment must be rendered upon a lawful hearing. Exceptions: a. but not in the promulgation of general rule. statutes. The student shall have the right to answer the charges against him. f. but a real opportunity to be heard. and ordinances either with penalties or without not repugnant to the constitution as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same. Evidence supporting the conclusion must be substantial. Aspects of “Due Process”: Procedural due process – refers to the mode of procedure. NOTE: The school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for. which government agencies must follow in the enforcement. Failure to maintain the required academic standard. b. The penalty imposed must be proportionate to the offense. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P a. and submit are needed to see this case evidence in support thereof. . f. c. NOTE: What is required is not actual hearing. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. d. in all controversial questions. Notice and hearing are required in judicial and quasijudicial proceedings. The student must be informed in writing of the nature and cause of any accusation against them.

Rest on SUBSTANTIAL DISTINCTIONS b. It does not demand absolute equality. Substantive due process – prohibition against arbitrary laws. Must not prohibit. Issuance of warrants of distraint and/or levy by the BIR Commissioner. while an overbroad law need not. The right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law. No. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Instances when hearings are NOT necessary: a. requires the interference by the government and b. The INTERESTS of the public generally. except for the minimum appellate jurisdiction of the Supreme Court provided in Article VIII Section 5 of the Constitution. f. Granting by courts of provisional remedies. Sandiganbayan. c. which sweep unnecessarily broadly and thereby invade the area of protected freedoms. Overbreadth as an analytical tool is applicable only to cases involving speech. Judicial order which prevents an accused from traveling abroad in order to maintain the effectivity of the court’s jurisdiction. NOTE: The right to counsel is a very basic requirement of substantive due process and has to be observed even in administrative and quasi-judicial bodies. Must be GC a. which may not be increased or reduced by law. i. Vagueness and overbreadth are distinct from each other. b. NOT LIMITED TO EXISTING CONDITIONS only d.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 f. EQUAL PROTECTION OF THE LAW The equality that it guarantees is legal equality or the equality of all persons before the law. Removal of temporary employees in the government service. under like circumstances and conditions both as to privileges conferred and liabilities enforced. 148560) 3. Must not contravene the Constitution or any statute b. d. Why is a VAGUE law unconstitutional? 1) It VIOLATES DUE PROCESS for failure to accord persons fair notice of the conduct to avoid. as held in Estrada v. as distinguished from those of a particular class. Requisites of a valid ordinance: CODE: Must NOT CUPPU. but may regulate trade e. Cases of preventive suspension. g. When administrative agencies are exercising their quasi-legislative functions. Vagueness may be applied to cases involving speech and also criminal cases (although see contrary ruling that vagueness does not apply to criminal cases. Abatement of nuisance per se. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank. Requisites for valid classification for purposes of the equal protection clause The classification must: CODE: SGEE a. It merely requires that all persons shall be treated alike. The MEANS employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. APPLY EQUALLY to all members of the SAME CLASS.R. Cancellation of the passport of a person charged with a crime. h. NOTE: 1. Must be general and consistent with public policy VOID FOR VAGUENESS DOCTRINE When is a law VAGUE? When it lacks COMPREHENSIBLE STANDARDS That men of common intelligence must necessarily GUESS as to its meaning and differ as to its application. Be GERMANE to the purposes of the law c. a vague law must lack clarity and precision. G. OVERBREADTH DOCTRINE: A government purpose may not be achieved by means. Must not be unfair or oppressive c. 2. Issuance of sequestration orders (considered a provisional remedy). e. Must not be partial or discriminatory d. Requisites of SUBSTANTIVE due process: CODE: I M a. Must not be unreasonable Page 6 of 125 . j. and 2) It leaves law enforcers UNBRIDLED DISCRETION in carrying out its provisions.

the Judge must go beyond the prosecutor’s certification and investigation report whenever necessary. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized. e. It must be issued upon PROBABLE CAUSE.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Millares v. • Actual adversarial proceeding becomes necessary only for clarification or when there is a need to propound searching questions to unclear witnesses. “PROBABLE CAUSE” Ratio: • Procedural due process requires the employer to give the employee two notices – first is the notice apprising him of the particular acts or omissions for which his dismissal is sought. NOTE: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific offender be established. 2005) Ratio: • Procedural due process requires the employer to give the employee two notices – first is the notice apprising him of the particular acts or omissions for which his dismissal is sought. 167 SCRA 394 The judge is NOT required to personally examine the complainant and his witnesses. the employer should be held liable for indemnity in the form of nominal damages. Felix. It must be in connection with One specific offense. on the basis thereof. which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce. Procedure: The judge personally evaluates the report and supporting documents submitted by the prosecutor regarding the existence of probable cause and. Requisites for a valid warrant: CODE: P J E D One a. 2005) Sec. • Where the dismissal of the employee from service is due to dishonesty or for a just cause but due process was not observed as no hearing was conducted despite her request. second is the subsequent notice informing him of the employer’s decision to dismiss him. second is the subsequent notice informing him of the employer’s decision to dismiss him. The right of the people to be secure in their persons. and. 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 to be searched. c. a procedural right which the employee must ask for. issue a warrant of arrest or if on the Page 7 of 125 Lavador v. and. and no search warrant or warrant of arrest shall issue except upon probable QuickTime™ and a be determined cause to TIFF (Uncompressed) decompressor are after examination under oath personally by the judgeneeded to see this picture. b. and particularly describing the place to be searched and the person or things to be seized. papers. General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest . (458 SCRA 102) (May 6. Makasiar. For the issuance of a search warrant: Probable cause would mean such facts and circumstances. houses. For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances. Lim v. unlike in the case of a warrant of arrest. and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE” Soliven v. The existence of probable cause is determined personally by the JUDGE. Inc. Philippine Long Distance Telephone Co. 2. or affirmation of the complainant and the witnesses he may produce. 187 SCRA 292 To be sure. d. “J” Marketing Corporation (461 SCRA 497) (June 28.

Veloso. There was a prior valid intrusion. The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and seizures without a search warrant to enforce customs laws. JOHN DOE WARRANT A “John Doe” warrant can satisfy the requirement of particularity of description if it contains a descriptio personae such as will enable the officer to identify the accused (People v.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 basis thereof. 33 The oath required must refer to the truth of the facts within the personal knowledge of the complainant or his witnesses because the purpose is to convince the judge of the existence of probable cause. Requisites of a valid waiver: i. There is an actual intention to relinquish such right Page 8 of 125 . 341 SCRA 25) Waiver of right A. the judge finds no probable cause. B. C. Ruiz. are needed see the issuance of the warrant. C. 159) GENERAL WARRANT A general warrant is one that does not allege any specific acts or omissions constituting the offense QuickTime™ and a TIFF (Uncompressed) decompressor charged in the application tofor this picture. v. PARTICULARITY OF DESCRIPTION (SEARCH WARRANT) Bache and Co. ii. Searches in these areas do not require the existence of probable cause Seizure of evidence in Plain view A. 48 Phil. VALID WARRANTLESS SEARCH (IM CWAPO) Search made as an Incident to lawful arrest A. (People v. iii. The search of a moving vehicle must be based on probable cause. Valdez. B. The person had actual or constructive knowledge of the existence of such right. The evidence was inadvertently discovered. D. Which may be used in evidence in the trial of the case B. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described. Seizure of goods concealed to avoid Customs duties/authorized under the Tariffs and Customs Code A. The evidence is immediately apparent. An officer making an arrest may take from the person arrested: i. 64 Phil. Any money or property found upon his person which was used in the commission of the offense or ii. a warrant must first be obtained. Thus. if there is time to obtain a warrant in order to search the vehicle. Plain view is justified seizure without further search. The search must be made simultaneously with the arrest and it may only be made in the area within the immediate control of the person arrested Search of Moving vehicles A. 37 SCRA 823 A search warrant may be said to particularly describe the things to be seized when the description therein is as specific as the circumstances will ordinarily allow or When the description expresses a conclusion of fact – not of law – by which the warrant officer may be guided in making the search and seizure or When the things described are limited to those which bear a direct relation to the offense for which the warrant is being issued. The right exists. Searches under this exception include searches at borders and ports of entry. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether it has been drawn in such a manner that perjury could be charged thereon and affiant could be held liable for the damages caused. Which might furnish the prisoner with the means of committing violence or escaping or iv. Was the fruit thereof or iii. B. CFI. This exception is based on exigency. Exception: A search warrant is required for the search of a dwelling house. he may disregard the prosecutor’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause. Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES” Alvarez v.

Hot pursuit A. The search made pursuant to the waiver must be made within the scope of the waiver.V. when an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is presently dangerous. Stop and Frisk Even before an arrest. Armed Conflict (wartime) Others A. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest. Should he find. he may conduct a limited protective search. but the Commissioner of Immigration may order the arrest of QuickTime™ and a TIFF (Uncompressed) decompressor an alien in order to carry out a FINAL deportation order. Exigent and emergency circumstances best illustrated in People v. B. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending. where a warrantless search was allowed where there was a prevailing general chaos and disorder because of an ongoing coup. Conduct of "Areal Target Zone" and "Saturation Drives" in the exercise of military powers of the President (Guazon vs. which is unlicensed.L. Page 9 of 125 . he can arrest such person then and there for having committed an offense in the officer’s presence. is actually committing. C. however. D.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 B. De Villa. before he enters a plea. Waiver requires a positive act from the person. Waiver of an invalid arrest: When a person who is detained applies for bail. 1. Abnormal times 2. he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. NOTE: Probable cause is the minimal requirement for the validity of either a warrantless arrest or a warrantless search. Checkpoints (Valmonte vs. De Gracia (233 SCRA 716). There must be no supervening event which breaks the continuity of the chase. c. Stop and frisk When a policeman observes suspicious activity. The purpose of this limited search is not to discover evidence of a crime but to allow the officer to pursue his investigation without risk of violence. Limited to visual search 3. 178 SCRA 211) REQUISITES: CODE: P. b. D. a weapon on the suspect. De Villa As long as the vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search. when a person who is detained applies for bail. or is about to commit an offense in the presence of the arresting officer. or has escaped while being transferred from one confinement to another. 181 SCRA 623) B. Vehicle not searched 4. NOTE: are needed to see this picture. he is not barred from later questioning the legality of his arrest. When an offense has in fact just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances indicating that the person to be arrested has committed it. C.A. Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality or jurisdiction is valid The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges. INSTANCES WHEN WARRANTLESS ARRESTS ARE VALID: a. The right against unreasonable searches and seizures is a personal right. Passengers not subjected to body search Valmonte V. Thus. which leads him to believe that a crime is about to be committed. De Villa. However. Mere absence of opposition is not a waiver. When the person to be arrested has committed. he is deemed to have waived any irregularity which may have occurred in relation to his arrest. only the person being searched can waive the same.

the right to form associations. However. R. restricted to cases of public prosecutions and not a process for adjudicating civil rights or maintaining mere private rights. and made necessary because of public necessity. a criminal proceeding or the commencement of a prosecution – it is a special and peculiar remedy. the right to privacy of communications. liberty of abode. unconnected with a search directed against the accused. both a party and a third person could be held liable under R. 145 SCRA 112 The use of a telephone extension to overhear a private conversation is not a violation of R. a private corporation may file the petition for certiorari which may be considered as the petition filed by the OSG. the right to be left alone. a telephone extension is not purposely installed for the purpose of secretly intercepting or recording private communication. participate and file pleadings in the search warrant proceedings to maintain. Constitutional Right to Privacy The right to privacy. drastic in nature. available to him. v.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 United Laboratories. is protected by the guarantee of due process over liberty. at discovery of are needed to see thisor the facts therein the object picture. Isip (461 SCRA 574) (June 28. (Ople v. Gaanan v. 4200. 4200 because it is not similar to any of the prohibited devices under the law. 4200 if they commit any of the prohibited acts under R. Hence. Also. Types of communication protected: Letters. such as the BFAD. A private individual or a private corporation complaining to the NBI or to a government agency charged with the enforcement of special penal laws. On the plain view doctrine • The plain view doctrine is not an exception to the warrant – it merely serves to supplement the prior justification. 4. 193 SCRA 57 Any evidence obtained shall be inadmissible for any purpose in any proceeding. telegrams and the like. may appear. or when public safety or order requires otherwise as prescribed by law. of expression. probable cause must be the direct result of the officer’s instantaneous sensory perception of the object. Page 10 of 125 . determine probable cause of the object’s incriminating evidence – to be immediate. the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals. 3. Exclusionary rule: People v. to validity of the search warrant issued by the court and the admissibility of the properties seized. or of the right of the people peaceably to assemble and petition the government for redress of grievances. hot pursuit. 293 SCRA 141) Sec. and the right against self incrimination. resembling in some respect with what is commonly known as John Doe proceedings • A search warrant is a legal process which has been likened to a writ of discovery employed by the State to procure relevant evidence of crime – it is in the nature of a criminal process.A. • The immediate requirement means that the executing TIFF (Uncompressed) decompressor officerQuickTime™ and a any time of can. Marti. whether it be a warrant for another subject. Ca The law does not distinguish between a party to the private communication or a third person. • The immediately apparent test does not require an unduly high degree of certainty as to the incriminating character of the evidence – incriminating means the furnishing of evidence as proof of circumstance tending to prove the guilt of a person. telephone calls. • While the general rule is that the proper party to file a petition in the Court of Appeals or Supreme Court to assail any adverse order of the RTC in search warrant proceedings is the People. the right against unreasonable searches and seizures. in no sense. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court.A. in the absence of governmental interference. or of the press. Sec. 2005) Ratio: On search warrant proceedings • A search warrant proceeding is. 4200 (Anti-Wiretapping Act) Ramirez v. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceedings. inter alia.A.A. messages. Inc. No law shall be passed abridging the freedom of speech. IAC. Torres. search as an incident to a lawful arrest or some other legitimate reason for being present.

and d. Commercial Speech Communication which no more than proposes a commercial transaction. It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. These enjoy the same degree of protection. Obscene publications c. tape or disc recorded. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. (Focus on CONTENT) There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent. Dangerous Tendency Test CRITERION There should be a RATIONAL CONNECTION between the speech and the evil apprehended. c. does not. It is within the constitutional power of the government. Examples/forms of prior restraint a. b. COMELEC The prohibition of publication of election surveys shortly before elections does not meet the last two tests. Clear and Present Danger Test 3. however. The incidental restriction is no greater than is essential to the furtherance of the interest. Prohibitions under Section 4 Prohibition against PRIOR RESTRAINT Prohibition against SUBSEQUENT PUNISHMENT Prohibition against prior restraint Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Page 11 of 125 . i. which communicates political. The causal connection of expression to the asserted government interest makes such interest related to the suppression of free expression. judicial prior restraint = injunction against publication c. When is a Government control-based regulation justified? a. Standards for allowable subsequent punishment TEST 1. movie censorship b.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 What are considered protected speech: Protected speech includes every form of expression. speech. flat license fees for the privilege of selling religious books When prohibition does not apply (Near v. Peaceful picketing has also been included within the meaning of speech. license taxes based on gross receipts for the privilege of engaging in the business of advertising in any newspaper d. The governmental interest is unrelated to the suppression of free expression. The regulation can be more narrowly pursued by Freedom of Speech The doctrine on freedom of speech was formulated primarily for the protection of “core” speech. 238 US 697) a. (Focus on CONTENT & CONTEXT) The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. It furthers an important or substantial government interest. written. Minnesota. Ex: government can prevent publication about the number/location of its troops b. The COMELEC can confiscate false survey results by virtue of its power under the Administrative Code of 1987 to stop false election propaganda. Commercial speech. punishing unlawful acts rather than prohibiting speech.e. social or religious ideas. (Focus on weighing Government and Private interest) 2. The courts will then decide where the greater weight should be placed. Balancing of Interests Test Social Weather Station v. When the nation is at war. Security of community life may be protected against incitements to acts of violence or overthrow by force of orderly government. whether oral.

Whether the work. specifically defined by law. taken as a whole. Test for obscenity (Miller v. OBSCENITY A. the public place where and the time when the assembly will take place. No. based on facts. 301 SCRA 1 Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. 3. California) Whether the average person. B. 447 US 557) Unprotected Speech 1. These are statements of OPINION. not of fact. With respect to public personalities (politicians. 2. May be regulated if: 1. v. The statements are not used to attack personalities but to give one’s opinion on decisions and actions. Right of Assembly and Petition 1. 201 of the RPC. 2. Public Service Commission of NY. must be transmitted to the applicants at the earliest opportunity so that they may. it is not necessarily actionable. nevertheless. appeals to the prurient interest.S. The grant or refusal should be based on the application of the Clear and Present Danger Test. Apply clear and present danger test. Bagatsing. G. lacks serious literary. political or scientific value. unless it be a false allegation of fact or a comment based on a false supposition. 2. the applicants must be heard on the matter. Government has a substantial interest to protect. taken as a whole. If the comment is an expression of opinion. and 2. sexual conduct. then it is immaterial that the opinion happens to be mistaken as long as it might reasonably be inferred from the facts. The application should be filed ahead of time to enable the public official concerned to appraise whether there are valid objections to the grant of the permit or to its grant. b) Court must be convinced that the materials are obscene. and 3. but in another public place. L-65366): Applicant should inform the licensing authority of the date. actors. whether favorable or adverse. The doctrine of fair comment means that while in general. (Central Hudson Gas and Electric Corp. Rules on assembly in PUBLIC places (Reyes v. are not are their see this picture. if not germane to needed topublic personae. Rules on assembly in PRIVATE properties: Only the consent of the owner of the property or person entitled to possession thereof is required. If the public authority is of the view that there is an imminent and grave danger of a substantive evil. Borjal v. The standards for allowable impairment of speech and press also apply to the right of assembly and petition. when the discreditable imputation is directed against a public person in his public capacity. Rule). The regulation directly advances that interest.” d) Judge will issue a search warrant. Page 12 of 125 . have recourse to the proper judicial authority. CA. The decision of the public authority. opinions can be aired regarding their public actuations. and are not considered actionable. in a patently offensive way. anyone with a connection to a newsworthy event). It should not propose an illegal transaction. protected. because every man is presumed innocent until his guilt is judicially proved. if they so desire. even if the words used are neither mild nor temperate. Procedure for seizure of allegedly obscene publications a) Authorities must apply for issuance of search warrant. f) Conviction is subject to appeal. e) Proper action should be filed under Art. OPINIONS. artistic. It is not more extensive than is necessary to protect that interest.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 To enjoy protection: 1. every discreditable imputation publicly made is deemed false. c) Judge will determine whether they are in fact “obscene.R. Whether the work depicts or describes. It must not be false or misleading. LIBEL FAIR COMMENT (U. applying contemporary community standards would find that the work. What is important is that the opinion is the true and honest opinion of the person. and every false imputation is deemed malicious. QuickTime™ and a on their private Comment TIFF (Uncompressed) decompressor lives.

place and manner of public assemblies. Do they constitute prior restraint? d. 2006)* Facts: Petitioners in this case contest the validity of BP 880 (The Public Assembly Act of 1985) and the policy of “Calibrated Preemptive Response” (CPR). Do they violate international human rights treaties and the Universal Declaration of Human Rights? 2.4). B. setting forth the requirements and procedure which are necessary to regulate the time. which was issued in lieu of the “Maximum Tolerance” policy through a statement by Executive Secretary Ermita. Ratio: The Court held that although people have the right to peaceably assemble and stage mass actions (1987 Constitution. 2005? QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 880 thus readily shows that it refers to all kinds of public assemblies that would use public places. however. A fair and impartial reading of B.P. This is a recognized exception to the exercise of the right even under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Are they undue delegations of powers to Mayors? e. the permit can only be denied on the ground of clear and present danger to public order. 5 and 6. No.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Right of the people peaceably to assemble BAYAN versus EDUARDO ERMITA (G.R. 6. Advance notices should. no rally” policy and the recently issued CPR policy.3.R. No. 7160: a. be given to the authorities to ensure proper coordination and orderly proceeding. no prior permit may be required for the exercise of such right in any public park or plaza of a city or municipality until that city or municipality shall have complied with Section 15 of the law. so its use cannot be avoided. No. the Court is constrained to rule that after thirty (30) days from the finality of this Decision. maximum tolerance is for the protection and benefit of all rallyists and is independent of the content of the expressions in the rally. For without such alternative forum. since it does not mean anything other than the maximum tolerance policy set forth in B. the Solicitor General has conceded that the use of the term should now be discontinued. 880. Is the policy void on its face or due to vagueness? b.R. On the matter of the CPR. 169881) (April 25. 880 is a codification of the ruling in Reyes v. specifically Sections 4. Considering that the existence of such freedom parks is an essential part of the law’s system of regulation of the people’s exercise of their right to peacefully assemble and petition. 880. Is the policy of CPR void as applied to the rallies of September 26 and October 4. to deny the permit would in effect be to deny the right. Issues: 1. B. The reference to “lawful cause” does not make it contentbased because assemblies really have to be for lawful causes. 5. Are these content-neutral or content-based regulations? b. No. Page 13 of 125 . On the constitutionality of Batas Pambansa No. 12 13(a) and 14(a) thereof. No.P. otherwise they would not be “peaceable” and entitled to protection. On the constitutionality and legality of the policy of Calibrated Preemptive Response (CPR): a. such right is not absolute (Primicias v. Furthermore. Bagatsing.” “protesting” and “influencing” in the definition of public assembly content based. and Republic Act No. 169838)/ Jess del prado versus ERMITA (G. Sec.P. Neither are the words “opinion.P. Fugoso and Reyes v. Finally. Is it void for lack of publication? c. public convenience. public safety. Are they void on grounds of overbreadth or vagueness? c. 169848)/ KILUSANG MAYO UNO versus THE HONORABLE EXECUTIVE SECRETARY (G. since they can refer to any subject. public morals or public health. 880 was also held to be a content-neutral legislation. Art. Petitioners are protesters who claim that they were conducting a peaceful mass action when they were violently dispersed by virtue of the “no permit. Bagatsing). The words “petitioning the government for redress of grievances” come from the wording of the Constitution.

shall forever be allowed. the rally is immediately dispersed. 2005) Ratio: Sec. or prohibiting the free exercise thereof. whether by Muslim employees or those belonging to other denominations. two requisites must be met: A. in which case the rally may be peacefully dispersed following the procedure of maximum tolerance prescribed by the law. The test of compliance with the nonestablishment clause can be stated as follows: What are the purposes and primary effect of the enactment? If either is the advancement or inhibition of religion. Free exercise of Religion School District v. 5. In order to show a violation of this clause. and it will be the burden of the authorities to show that there has been a denial of the application. to 2:00 p. Clauses under Section 5 QuickTime™ and a TIFF (Uncompressed) decompressor 1.P. If. 880. as a necessary consequence and part of maximum tolerance. the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. It has a secular legislative purpose. all public parks and plazas of the municipality or city concerned shall in effect be deemed freedom parks. the Court goes even one step further in safeguarding liberty by giving local governments a deadline of 30 days within which to designate specific freedom parks as provided under B. The non-establishment clause does not depend upon any showing of direct governmental compulsion. there is need to address the situation adverted to by petitioners where mayors do not act on applications for a permit and when the police demand a permit and the rallyists could not produce one. It must not require excessive entanglement with recipient institutions.m. which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. with respect to their request to be excused from work from 10:00 a. No law shall be made respecting an establishment of religion. It must have a primary effect that neither advances nor inhibits religion. • To allow the Muslim employees in the Judiciary to be excused form work from 10:00 a. c. after that period. In such a situation. rallyists who can show the police an application duly filed on a given date can. should not prejudice the court and the public.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Furthermore. In this Decision. no prior permit of whatever kind shall be required to hold an assembly therein. The remedy of the Muslim employees. clause 2. Non-establishmentare needed to see this picture. Thus. in order for a law to comply with the non-establishment clause. B. No religious test shall be required for the exercise of civil or political rights. no such parks are so identified in accordance with Section 15 of the law. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the free exercise of religion. every Friday (Muslim Prayer Day) during the entire calendar year would mean a diminution of the prescribed government working hours – the performance of religious practices. The free exercise and enjoyment of religious profession and worship. Requisites for government aid to be allowable: a. Schempp.m. to 2:00 p. Re: Request of Muslim Employees in Different Courts in Iligan City (Re: Office Hours)* (477 SCRA 648) (December 14. 374 US 203 Distinction between the clauses 1.m. rally in accordance with their application without the need to show a permit. it becomes subject to government regulation. It must have a secular legislative purpose. Its primary effect neither advances nor inhibits religion. is legislative. every Friday during the entire calendar year. While the freedom to believe (non-establishment) is absolute. the moment such belief flows over into action. No. The only requirement will be written notices to the police and the mayor’s office to allow proper coordination and orderly activities. b. the law violates the non-establishment clause. after two days from said date.m. 2. It is violated by the enactment of laws • Page 14 of 125 . without discrimination or preference. the grant of the permit being then presumed under the law.

-Government employees have the right to form unions. to form unions. Public utilities. or public health. as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. 6. Congress c. subject to the same limitation. Private property shall not be taken for public use without just compensation. Banking transactions 5. Trade secrets 4. It is also an aspect of the freedom of contract. . Right to travel NOTE: The right to travel and the liberty of abode are distinct from the right to return to one’s country. associations. QuickTime™ and a TIFF (Uncompressed) decompressor Sec. the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract. as may be provided by law. 2. The right of the people. Closed door cabinet meetings 8. public safety or public health. shall not be abridged. Liberty of abode MANNER OF CURTAILMENT Lawful order of the court and within the limits prescribed by law. Right to information on matters of public concern 2. Page 15 of 125 Only Filipino are needed Discretion of government to see this picture. including those employed in the public and private sectors. pursuant to an ordinance enacted by their respective legislative bodies (under LGC) e. 2. Hence. In addition. Intelligence information 3. The right of the people to information on matters of public concern shall be recognized. 177 SCRA 668) Sec. Curtailment of rights: RIGHT 1. (Marcos v. Manglapus. Right of access to official records and documents Persons entitled to the above rights: citizens. Thus. pursuant to legislation enacted by Congress d. the right to return to one’s country is not covered by the specific right to travel and liberty of abode. passport officers) in the interest of national security. Who can exercise the power of eminent domain: a. . The national government b. Freedom to choose and change one’s place of abode. They also have the right to strike. Freedom to travel within the country and outside. Local government units. or societies for purposes not contrary to law. Supreme Court deliberations 9. National security matters 2. Executive. Rights guaranteed under Section 7 1. if a valid contract exists between the government and the owner. When is the exercise of the power of eminent domain necessary? It is only necessary when the owner does not want or opposes the sale of his property. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. ban on public school teachers). the freedom of association is an aspect of the freedom of speech and expression. 8. Sec. Executive sessions 7. insofar as the associations may have for their object the advancement of beliefs and ideas. unless there is a statutory ban on them (i. The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Recognized restrictions on the right of the people to information: 1. 7. Diplomatic correspondence 6. Neither shall the right to travel be impaired except in the interest of national security. as may be provided by law. -The right also covers the right not to join an association. 9. Rights guaranteed under Section 6: 1. public safety.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Sec.The right to form associations shall not be impaired without due process of law and is thus an aspect of the right of liberty.e. as may be delegated by law. May be curtailed even by administrative officers (ex.

even if bare title still remains with the owner. is synonymous with public welfare as the latter term is used in the concept of police power. future potential use of the land is not considered in computing just compensation. Judicial review of the exercise of the power of eminent domain QuickTime™ and a TIFF (Uncompressed) decompressor a. "JUST COMPENSATION" Compensation is just if the owner receives a sum equivalent to the market value of his property. To determine the "public use" character of the taking. "PUBLIC USE" Public use. without any compensation. property acquired by the municipality with its private funds in its corporate or private capacity. The taxation power can also be used as an implement for the exercise of the power of eminent domain. then the value is that of the latter filing of the case. the the adequacy of compensation b. B. Central Luzon Drug Corporation (456 SCRA 414) (April 15. Compensable taking does not need to involve all the property interests which form part of the right of ownership. The point of reference used in determining fair value is the value at the date of the taking of the property or the filing of the complaint. there is already a compensable taking. When municipal property is taken by the State: Compensation is required if the property is a patrimonial property. i. Thus. BUT if the value increased independently of what the expropriator did. the value is that of the time of the earlier taking. Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the use to which the expropriator has put it. The deposit of money or an equivalent form of payment such as government bonds is necessary and sufficient to satisfy the requirement. When one or more of the property rights are appropriated and applied to a public purpose. REGULATION v. Page 16 of 125 • . However. if it is any other property such as public buildings or legua comunal held by the municipality for the State in trust for the inhabitants. There is a TAKING of private property 2. NOTE: Even before compensation is given. if the expropriation is pursuant to a specific law passed by Congress. the State is free to dispose of it at will. Taking is for PUBLIC USE 3. Elements: CODE: E P A P O a. However. Point of reference for valuating a piece of property: General rule: The value must be that as of the time of the filing of the complaint for expropriation. Payment of JUST COMPENSATION "TAKING" A. Entry is made under warrant or color of legal authority d. To determineare needed to see this picture. 2005) Ratio: • The tax benefit granted to the establishments can be deemed as their just compensation for private property taken by the State for public use. entry may be made upon the property condemned.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Elements of the power of eminent domain CODE: TPJ 1. whichever came first. To determine the necessity of the taking c. The entrance must not be for a momentary period. Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his property. not for public use TAKING Just compensation Title is transferred Property taken for public use Commissioner of Internal Revenue v. that is. for purposes of expropriation. the courts cannot question the public use character of the taking.. Any law fixing the amount of just compensation is not binding on the courts because it is a question of fact which is always subject to review by the courts.e. The expropriator enters the property b. Property is devoted to Public use e. it must be permanent c. Examples of public use include land reform and socialized housing. TAKING REGULATION Compensation is not required Title is not transferred Property interest is restricted or destroyed An exercise of police power. Market value is generally defined as the fair value of the property as between one who desires to purchase and one who desires to sell.

NBI) with respect to a criminal offense. (2) the power of eminent domain is exercised for public use. 2005) Ratio: • The following requisites for the valid exercise of the power of eminent domain by a local government unit must be complied with: (1) an ordinance is enacted by the local legislative council authorizing the local chief executive. purpose or welfare. Exclusionary rule Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused). A valid exercise of police power isand a QuickTime™ superior to TIFF (Uncompressed) decompressor are obligation of contracts. 5) Signing of arrest reports and booking sheets. to exercise the power of eminent domain or pursue expropriation proceedings over a particular private property. knowingly. or for the benefit of the poor and the landless. No. Page 17 of 125 . Requisites for a valid extra-judicial confession: CODE: WAVES 1) voluntary 2) made with the assistance of competent and independent counsel 3) must be express 4) made in writing Sec. Sec. No law impairing the obligation of contracts shall be passed. and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts. A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract. and other pertinent laws. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect. If it imposes new conditions or dispenses with those expressed 3 If it authorizes for its satisfaction something different from that provided in its terms. 10. any evidence obtained by virtue of an illegally obtained confession is also inadmissible. Therefore. 11. Requisites of valid waiver of these rights: 1) Made voluntarily. being the fruit of a poisonous tree. When rights are not available: 1) During a police line-up. 4) Right to be informed of these rights. Rights of person under investigation for the commission of an offense (Miranda Rights) CODE: SCISI 1) Right to remain silent 2) Right to have competent and independent counsel. (3) there is payment of just compensation as required under Section 9.A. 2) During administrative investigations. Article 3 of the Constitution. When does a law impair the obligation of contracts: 1. but said offer was not accepted. Metro Manila* (466 SCRA 235) (August 9. in behalf of the local government unit. 3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation. If it changes the terms and conditions of a legal contract either as to the time or mode of performance 2.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Jesus is Lord Christian School Foundation Inc. Rights of person under investigation for the commission of an offense. (4) a valid and definite offer has been previously made to the owner of the property sought to be expropriated. When rights are available: 1) AFTER a person has been taken into custody or 2) When a person is otherwise deprived of his freedom of action in any significant way 3) When a person is merely “invited” for questioning (R. needed to see this picture. preferably of his own choice 3) Right to be provided with the services of counsel if he cannot afford the services of one. 12. Municipality (now City) of Pasig. Sec. 7438) 4) When the investigation is being conducted by the government (police. DOJ. v. and intelligently 2) Waiver should be made in WRITING 3) Waiver should be made in the PRESENCE OF COUNSEL. 4) Statements made to a private person. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

e. BEFORE CONVICTION be entitled to bail. Other rights in relation to bail. No.g. The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5) signed. not. Sec. measurements. Factors considered in setting the amount of bail: 1) Ability to post bail 2) Nature of the offense 3) Penalty imposed by law 4) Character and reputation of the accused 5) Health of the accused 6) Strength of the evidence 7) Probability of appearing at the trial 8) Forfeiture of previous bail bonds 9) Whether accused wasQuickTime™ and afrom justice a fugitive TIFF (Uncompressed) decompressor when arrested are needed to see this picture. 3) Persons who are members of the AFP facing a court martial. guaranteeing the appearance of the accused for trial. garments. Presumption of guilt should not be conclusive.v. b. Rights during custodial investigation apply only against testimonial compulsion and not when the body of the accused is proposed to be examined (i. 10) If accused is under bond in other cases Implicit limitations on the right to bail: a. Excessive bail shall not be required. Sec. Rights of an accused 1) Rights of a person charged with a criminal offense 2) Right to due process of law 3) Right to be presumed innocent 4) Right to be heard by himself and counsel 5) Right to be informed of the nature and cause of the accusation against him 6) Right to have a speedy. b. Bail is only discretionary pending appeal. Who are not entitled to bail: 1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH. 14. a. shoes). It is in the nature of a contract between the surety and the state. Apart from bail. The person claiming the right must be in actual detention or custody of the law. provided that the facts proved have a reasonable connection to the ultimate fact presumed. Right to bail is not available in the military. photographs. The constitutional right is available only in criminal cases. Olivares. Page 18 of 125 . 13.R. thumbmarked by him (P. e. G. or if the confessant does not know how to read and write. impartial and public trial 7) Right to meet the witnesses face to face 8) Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf “DUE PROCESS” This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. when evidence of guilt is strong. Right to bail Who are entitled to bail: All persons ACTUALLY DETAINED shall. a person may attain provisional liberty through recognizance. Waiver of the right to bail: 1) if appellant escapes from prison or confinement 2) if appellant jumps bail 3) if appellant flees to another country during the pendency of the appeal NOTE: Persons charged with offenses punishable by LIFE IMPRISONMENT. when evidence of guilt is strong 2) Persons CONVICTED by the trial court. “PRESUMPTION OF INNOCENCE” The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt. which is an obligation of record entered into by a third person before a court. urine sample. are likewise not entitled to bail. 77865) CUSTODIAL INVESTIGATION commences when a person is taken into custody and singled out as a suspect in the commission of a crime under investigation. in deportation proceedings.

If the accused desires to obtain his own are needed to see this picture. b. the court must give him reasonable time to get one. After arraignment.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 “RIGHT TO BE HEARD BY HIMSELF AND COUNSEL” The right to be heard includes the following rights: 1) Right to be present at the trial 2) The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence. While the accused is entitled to be present during promulgation of judgment. Effect of dismissal based on the ground of violation of the accused’s right to speedy trial If the dismissal is valid. Note: Trial in absentia is allowed only if the accused has been validly arraigned and the following 2 requisites are met: i. If he is detained. the witness is to be understood as referring to him. The accused may waive the right to be present at the trial by not showing up. To furnish the accused with a description of the charge against him as will enable him to make his defenses b. and that any time a witness refers to a name by which he is known. Length of delay involved c. If the accused desires counsel. 3. has stipulated that he is indeed the person charged with the offense and named in the information. Ask the accused if he desires the aid of counsel c. The real nature of the crime charged is determined from the recital of facts in the information. To inform the court of the facts alleged. trial may proceed notwithstanding absence of accused.” It is an element of due process. Right to counsel Right to counsel means the right to EFFECTIVE REPRESENTATION. Reasons for the delay d. If the accused appears at arraignment without counsel. IMPARTIAL AND PUBLIC TRIAL” Factors used in determining whether the right to a speedy trial has been violated: a. Inform the accused that he has a right to a counsel before arraignment b. counsel. ii. If the information fails to allege the material elements of the offense. To avail himself of his conviction or acquittal against a further prosecution for the same cause c. However. the absence of his counsel during such promulgation does not affect its validity. after arraignment. Prejudice caused to the defendant. a counsel de oficio must be appointed QuickTime™ and a TIFF (Uncompressed) decompressor d. 4. “RIGHT TO SPEEDY. the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. it amounts to an acquittal and can be used as basis to claim double jeopardy. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated. Time expired from the filing of the information b. Assertion or non-assertion of the right by the accused e. the judge must: a. Definition of public trial Page 19 of 125 . but cannot afford one. Accused has been duly notified. EXCEPTION: If the accused. Right to an impartial judge 5. Definition of impartial trial The accused is entitled to the “cold neutrality of an impartial judge. the court can still compel the attendance of the accused if necessary for identification purposes. He can move for the dismissal of the case. Right to compulsory process to secure the attendance of witnesses “RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM” Purposes of the right: a. Remedy of the accused if his right to speedy trial has been violated a. This would be the effect even if the dismissal was made with the consent of the accused. Right of confrontation and cross-examination 6. His failure to appear is unjustifiable. he can file a petition for the issuance of writ of habeas corpus.

17. or administrative bodies. The accused cannot be compelled to produce a private document in his possession which might tend to incriminate him. However. Sec. 2005) Ratio: • Promulgation of judgment in absentia is valid provided that the essential elements are present: (a) that the judgment be recorded in the criminal docket. To afford the accused an opportunity to cross-examine the witness b. Scope of right What is PROHIBITED is the use of physical or moral compulsion to extort communication from the witness or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The attendance at the trial is open to all irrespective of their relationship to the accused. Principal EXCEPTIONS to the right of confrontation 1. see this picture. No person shall be compelled to be a witness against himself. and. “RIGHT TO MEET WITNESS FACE TO FACE” Purposes of the right: a. In all other government proceedings. While the rights of an accused only apply to the trial phase of criminal cases. it cannot be availed of during preliminary investigations. However.” the public may be excluded. When is a question incriminating: A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. either with the consent of the accused or if failed to object thereto. (b) that a copy be served upon the accused or counsel. Recording the decision in the criminal docket of the court satisfies the requirement of QuickTime™ and a notifying the accused ofdecompressor the decision TIFF (Uncompressed) are needed to wherever he may be. The admissibility of “dying declarations” 2. When the right can be invoked: 1. People* (468 SCRA 233) (August 25. Distinction between Section 14 and Section 16. the right to a speedy disposition of cases covers ALL phases of JUDICIAL. He can only refuse to answer specific questions which would incriminate him in the commission of an offense. In criminal cases 2. Trial in absentia under Section 14(2) 3. the testimony of the witness should be excluded. QUASI-JUDICIAL or ADMINISTRATIVE proceedings. • Sec. When the right to cross-examine is demandable? It is demandable only during trials. Page 20 of 125 . a third person in custody of the document may be compelled to produce it. obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification. However. including civil actions and administrative or legislative investigations. All persons shall have the right to a speedy disposition of their cases before all judicial. To allow the judge the opportunity to observe the deportment of the witness Failure of the accused to cross-examine a witness: If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution. the fingerprinting of an accused would not violate the right against self-incrimination. Thus. An ordinary witness cannot refuse to take the stand. Distinction between an accused and an ordinary witness An accused can refuse to take the witness stand altogether by invoking the right against selfincrimination. Hence. 16. quasijudicial. if the evidence to be adduced is “offensive to decency or public morals. The right does NOT PROHIBIT the examination of the body of the accused or the use of findings with respect to his body as physical evidence. With respect to child testimony Estrada v. The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays.

this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu. Minors under patria potestas are obliged to obey their parents. A penalty is degrading if it exposes a person to public humiliation. First Sentence of Sec. Sec. resulting in any liability to pay money. whether express or implied. Punishment for a crime for which the party has been duly convicted 2. It must not be unacceptable to contemporary society 4. The fraudulent debt constitutes a crime such as estafa. The accused has been duly convicted. NOTE: Fr. all other types of obligations are not within the scope of this prohibition. 2005) Ratio: • The deafening silence of all the accused does not necessarily point to conspiracy. Excessive fine 6. the law is not a penal law.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Who can invoke the right: a. (Ex. conviction or acquittal under either shall constitute a bar to another prosecution for the same act.e. Sec. Sec. Prohibition against cruel. It must not be excessive. or dismissal of the case without the express consent Page 21 of 125 . 18. degrading or inhuman. conviction or acquittal under either shall constitute a bar to another prosecution for the same act. 21: No person shall be twice put in jeopardy of punishment for the same offense. b. it is disproportionate to the offense. Only natural persons. 20. Crisostomo v. Bernas says that the accused cannot be convicted of the crime to which the punishment is attached if the court finds that the punishment is cruel.) lingering suffering.) Standards used: 1. 3.needed to see this picture. The punishment must not be so severe as to be degrading to the dignity of human beings. then paraded throughout town. Being tarred and feathered. 2. if an accused fails to pay the fine imposed upon him. When is a penalty “cruel. Sandiganbayan (456 SCRA 45) (April 14. A FRAUDULENT debt may result in the imprisonment of the debtor if: 1. Second Sentence: When an act is punished by a law and an ordinance. Return to work order issued by the DOLE Secretary or the President 6. Under the first kind of jeopardy. when under any circumstance. An accused has the right to remain silent and to be exempt from being compelled to be a witness against himself. Debt refers to a CONTRACTUAL obligation. A fine is excessive. acquittal. Thus. What are the TWO KINDS OF JEOPARDY? a. Exceptions: 1. 21. In naval enlistment: a person who enlists in a merchant ship may be compelled to remain in service until the end of the voyage 4. i. degrading and inhuman”? A penalty is cruel and inhuman if it involves torture or QuickTime™ and a TIFF (Uncompressed) decompressor are Being drawn and quartered. 5. Thus. The reason for this is without a valid penalty. No person shall be twice put in jeopardy of punishment for the same offense. It must not be applied arbitrarily. degrading and inhuman punishment Sec. Posse comitatus for the apprehension of criminals 5. Right against involuntary servitude “INVOLUNTARY SERVITUDE” It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised. Judicial persons are subject to the visitorial powers of the state in order to determine compliance with the conditions of the charter granted to them. 19. and 2. Personal military or civil service in the interest of national defense 3. it must serve a penal purpose more effectively than a less severe punishment would. Definition of “DEBT” under Section 20. conviction. (Ex. If an act is punished by a law and an ordinance. No person shall be imprisoned for debt or non-payment of a poll tax.

Requisites for a valid defense of double jeopardy: CODE: ATS 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of the accused will bar a subsequent prosecution. If information does not charge any offense 2. What are considered to be the “SAME OFFENSE”: st (under the 1 sentence of Sec. b. 3. Under the second kind of jeopardy. only conviction or acquittal – not dismissal without the express consent of the accused – will bar a subsequent prosecution. SUPERVENING FACTS Under the Rules of Court. Dismissal on the merits. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence. 2. Dismissal on motion of the prosecution. If the dismissal was made with grave abuse of discretion. The facts constituting the graver offense became known or were discovered only after the filing of the former information. 3. After the person is arraigned 5. Acquittal 2. If dismissal does NOT amount to an acquittal or dismissal on the merits. First jeopardy must have attached prior to the second. upon pleading guilty. If the dismissal violates the right of due process of the prosecution. 21) Double jeopardy will result if the act punishable under the law and the ordinance are the same. A person is charged 2. When does jeopardy ATTACH: (1 requisite) CODE: CICAV 1. subsequent to a motion for reinvestigation filed by the accused. Page 22 of 125 nd When does first jeopardy TERMINATE: (2 REQUISITE) 1. ND st When can the PROSECUTION appeal from an order of dismissal: 1. or is an attempt or frustration of the first. 2. 2. The second jeopardy must be for the same offense. it would not be considered a supervening event. One offense is necessarily included or necessary includes the other. If the information for an offense cognizable by the RTC is filed with the MTC. Discharge of an accused to be a state witness. If dismissal is on motion of the accused. If. Under (1)(b). d. This amounts to an acquittal. One offense is an attempt to commit or a frustration of the other offense. the prosecution for one will not bar the other so long as none of the exceptions apply. 21) 1. Dismissal based on to see this picture. a conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense charged in the former information where: a. c. Dismissal based on a demurrer to evidence. the accused presents evidence of complete self-defense. 4. Dismissal W/O the EXPRESS consent of the accused 4. and the court thereafter acquits him without entering a new plea of not guilty for accused. 2. Exact identity between the offenses charged in the first and second cases. 3. The first jeopardy must have terminated. or is an element thereof. 4. 4. Before a court of competent jurisdiction 4. Conviction 3. if the facts could have been discovered by the prosecution but were not discovered because of the prosecution’s incompetence. For there to be double jeopardy. Examples of termination of jeopardy: QuickTime™ and a TIFF (Uncompressed) decompressor 1. one that includes or is necessarily included in the first offense. Definition of double jeopardy (2 sentence of Sec. NOTE: Where a single act results in the violation of different laws or different provisions of the same law. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. 3. When does jeopardy NOT attach: 1. There is no valid plea here. it is not necessary that the offense be the same. Such person enters a valid plea. . the right to a are needed violation of speedy trial. If a complaint filed for preliminary investigation is dismissed. This is a dismissal on the merits. If the question to be passed upon is purely legal. This amounts to an acquittal. The plea of guilty to the lesser offense was made without the consent of the prosecutor and the offended party. 3. Under a complaint or information sufficient in form and substance to sustain a conviction 3. 5.

Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born citizen. NOTE: The prohibition on ex post facto laws only applies to retrospective PENAL laws. 4. 4. and punishes such action. ARTICLE IV – CITIZENSHIP Who are citizens of the Philippines? 1. Such court may even increase the penalties imposed on the accused by the trial court. NOTE: The Philippines follows (2) and (3) “EX-POST FACTO LAW” One which makes an action done before the passing of the law. The bill of attainder does not need to be directed at a QuickTime™ and a TIFF (Uncompressed) decompressor specifically named person. One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in order to convict the accused. he WAIVES his right to plead double jeopardy. she lost her Filipino citizenship. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial. So. the provision on election of citizenship under the 1987 Constitution only applies to those persons who were born under the 1935 Constitution. One which assumes to regulate civil rights and remedies only BUT. 2. Those born before January 17. 3. One which aggravates the crime or makes it greater than when it was committed. One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal. refer to easily are needed to may also ascertainable members of a group in such a way as to inflict punishment on them without judicial trial. a NAMED INDIVIDUAL or EASILY ASCERTAINABLE MEMBERS of a GROUP. which. and which was innocent when done. Causes prejudice to the accused “BILL OF ATTAINDER” A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. imposes a penalty or deprivation of a right.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effect of appeal by the accused: If the accused appeals his conviction. The whole case will be open to review by the appellate court. 3. was lawful. Those whose fathers or mothers are citizens of the Philippines. Jus Sanguinis – acquisition of citizenship on the basis of blood relationship 3. Therefore. if a Filipina married an alien. Elements of the bill of attainder: 1. One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed. The law imposes a PENAL burden. her child would have to elect Filipino citizenship upon reaching the age of majority. you can elect Filipino citizenship upon reaching the age of majority. who elect Philippine citizenship upon reaching the age of majority. In order for the children to elect Filipino citizenship. children born of Filipino mothers were already considered Filipinos. in effect. 1973 of Filipino mothers. on. Sec. if your mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17. Jus Soli – acquisition of citizenship on the basis of place of birth 2. 2. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution 2. Under the 1973 Constitution. No ex post facto law or bill of attainder shall be enacted. when done. Those who are naturalized in accordance with law. Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution. criminal. The legitimate minor children of the naturalized father become Filipinos as well. 1973. Characteristics of an Ex Post Facto Law 1. Modes of acquiring citizenship: 1. or a proclamation of amnesty. 22. Retrospective 3. Hence. When must election be made: The election must be made within a reasonable period after reaching the age of majority. however. It see this picture. Refers to criminal matters 2. the mothers must have been Filipinos at the time of their marriage. Effects of naturalization: 1. provided that she does not have any Page 23 of 125 . There must be a LAW. The wife also becomes a Filipino citizen.

under the law. by some positive act. to vote upon expiration of 5 years after service of sentence. Dual nationality is involuntary and legal. Marriage of Filipino with an alien: General Rule: The Filipino RETAINS Philippine citizenship Exception: If. At least 18 years old 4. 2. RA 9225. a person is simultaneously considered a citizen of those states. Resident of the Philippines for at least 1 year 5. loyalty to two or more states. By naturalization 3. By direct act of Congress 2. who lost their citizenship by reason of their naturalization as citizens of a foreign country. under Article V has 2 senses: 1. Any person sentenced by final judgment to imprisonment of not less than 1 year. The principal elements of domicile – physical presence in the country and intention to adopt it as one’s domicile – must concur. 4. By cancellation of certificates of naturalization 6. Not Disqualified by law 3. How may one lose citizenship (C. TEMPORARY RESIDENCE – This is in reference to the 6 month residency requirement in the place where one wants to vote. By serving in the armed forces of an enemy country 5. Natural-born citizens: 1. however. Old of those who re-acquired the citizenship shall likewise be deemed as citizens of the Philippines. to have renounced it. That such a person shall automatically reacquire the right 2. which disability has not been removed by plenary pardon. By subscribing to an oath of allegiance to the laws or constitution of a foreign country 4. Sec. Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their Philippine citizenship. Residency requirement Residency.the picture. by their act or omission they are deemed. Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election. 63): 1. residence can either mean domicile or temporary residence. 3. Distinguish dual citizenship from dual allegiance Mercado v. Disqualifications: 1. Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines. NOTE: NO literacy. By being a deserter of the armed forces of one’s country How may one reacquire citizenship: 1. Those who elect Philippine citizenship under Art. Citizen of the Philippines 2. are deemed to have reacquired their Philippine citizenship upon taking the oath of allegiance to the Republic. IV. ARTICLE V – SUFFRAGE Qualifications: CODE: CD18RR 1. provided. are needed to see this unmarried child below 18 yrs. Page 24 of 125 . Dual allegiance refers to the situation in which a person simultaneously owes. as a result of the concurrent application of the laws of two or more states. By express renunciation of citizenship 3. 1(3) of 1987 Constitution. Insane or incompetent persons as declared by competent authority. 2. QuickTime™ and a TIFF (Uncompressed) decompressor Derivative citizenship. In this case. property or other substantive requirement can be imposed on the exercise of suffrage. Manzano Dual citizenship arises when. This involves taking an oath of allegiance and filing the same with the civil registry.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 disqualification which would bar her from being naturalized. By repatriation Re-acquisition of citizenship Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via repatriation proceedings. No. By naturalization in a foreign country 2. DOMICILE – This is in reference to the 1 year residency requirement in the Philippines.Citizen Retention and Reacquisition Act Natural born citizens.A. while dual allegiance is voluntary and illegal.

as a general rule. Substantive – limitations on the content of laws. Page 25 of 125 . as far as practicable. Senator 24 senators District Representatives: 1. by law. Congress mayaredelegate this picture. Ordinary – The power to pass ordinary laws Limits on the legislative power of Congress: 1. Emergency powers delegated by Congress to the President QuickTime™ and a TIFF (Uncompressed) decompressor 3. Congress cannot. HOUSE OF REPRESENTATIVES Representative Not more than 250 members 35 yrs. Delegation to administrative bodies 5. Unless otherwise provided by law. add or subtract from these qualifications. 2. usually to administrative agencies. Congress.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 To whom does Absentee Voting apply: 1. Congress cannot pass irrepealable laws. “Filling up the details” on an otherwise complete statute. Original – Possessed by the people in their sovereign capacity which is exercised via initiative and referendum. e. Delegation to local governments What may Congress delegate: Congress can only delegate. Persons who have the qualifications of a voter but who happen to be temporarily abroad 2. Each district shall comprise. old 25 yrs. old Natural. generally a bill must go through three readings on three separate days. The legislative power shall be vested in the Congress of the Philippines. Voluntary renunciation For any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Qualified voters who are in the Philippines but are temporarily absent from their voting places ARTICLE VI – THE LEGISLATIVE DEPARTMENT Sec. compact and adjacent territory. contiguous. Term of 3 yrs. Constituent – The power to amend or revise the Constitution 4. 1. 4. Exceptions to non-delegability of legislative power: (PETAL) 1. RULE-MAKING POWER or LAW EXECUTION. or 2. Elected from legislative districts which are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio. e. SENATE Sections 5-7.born citizen of the Philippines Able to read and write Registered voter Registered voter in the district in which he shall be elected – n/a to party-list Resident of the Resident of the said Philippines for at least district for at least 1 2 years immediately year immediately preceding the election preceding election – n/a to party-list Term of 6 yrs. 3. except to the extent reserved to the people by the provision on initiative and referendum. Delegation to the people through initiative and referendum 2. This involves either of two tasks for the administrative agencies: 1. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution 3. 2. powers to the needed to see tariff President 4. which shall consist of a Senate and a House of Representatives. cannot delegate its legislative power.g. under the maxim delegata potestas non potest delegari (delegated power may not be delegated). Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation. Sections 2-4. Procedural – limitations on the manner of passing laws. no law shall be passed establishing a state religion.g. 2. Classification of legislative power: (O De CO) 1. term of office commence at noon of June 30 next following the lection Term limit of not more Term limit of not more than 2 consecutive than 3 consecutive years years NOTE: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution.

During the elections. Each city with at least 250. 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. Under Art. by limited law.000 inhabitants will be entitled to at least one representative while each province will have at least one representative. 4. Natural born citizen of the Philippines 2. 7. 6645) 1. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. at least one (1) year before the next regular election members of Congress 2. but none of them shallQuickTime™ and a than 3 seats have more TIFF (Uncompressed) decompressor are needed to see this picture. In case of vacancy in the Senate or in the House of Representatives. b. Those parties getting at least 2% of the total votes cast for the party-list system shall be entitled to one seat each. 1987 (i. The standards used to determine the apportionment of legislative districts is meant to prevent ‘gerrymandering’. Political parties who wish to participate must comply with this requirement. a special election may be called to fill such vacancy in the manner prescribed by law. (Ang Bagong Bayani-OFW Labor Party v.e. GR No. be Party-List Representatives Constitute 20% of the total number of representatives or a maximum of 50 party-list members. b. but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. Mechanics of the party-list system 1. COMELEC. 2. At least 25 years of age on the day of the election (Youth sector nominee must be at least 25 years but not more than 30 years old on day of election) 3. 5. Registered organizations submit a list of candidates in order of priority. 4. However. 5. 3. MAY. 3. Distinctions between Term and Tenure Term The period during which the elected officer is legally authorized to assume his office and exercise the powers thereof CANNOT be reduced Tenure The period during which such officer actually holds his position 4. 25 seats shall be allotted to sectoral representatives. for 3 consecutive terms from February 2. these organizations are voted for at large. which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. calling for a special election to be held within 45 to 90 days from the date of the resolution or certification.A. Its nominees must likewise comply with the requirement of the law.e. The party or organization must not be disqualified under Section 6 of R. XVIII. Sec. religious sector/ organization. if Congress is not in session. No special election will be called if vacancy occurs: a. 9. Page 26 of 125 . foreign party or organization. the sectoral representatives are to be appointed by the President until legislation otherwise provides. The religious sector may not be represented.A. Able to read and write Special Election (R. advocates of violence or unlawful means to seek its goal. 1. 147589) Sec. 7941 (Party-List Law). each.. The party or organization must not be an adjunct of or a project organized or a entity funded or assisted by the government. declaring the existence of vacancy. Guidelines for the election of party-list representatives: The parties or organizations must represent the marginalized and underrepresented in section 5 of R. the 1987-92. Those obtaining more than 2% shall be given additional seats in proportion to their total number of votes. Qualifications of Party-List Representative 1. Must be a bona fide member of the party he seeks to represent at least ninety days before election day. a. Its nominees must likewise be able to contribute to the formation and enactment of legislation that will benefit the nation. 7941 i.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. 92-95 and 95-98 terms). 2. at least eighteen (18) months before the next regular election for the members of the Senate.A.

or special privilege granted by the Government.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. including GOCCS or their subsidiaries. The ‘speech or debate’ must be made in performance of their duties as members of Congress. quasi-judicial and administrative bodies. 2) Legislators cannot be appointed to any office. Limitation on the privilege: 1. as the case may be. Page 27 of 125 . Congress need NOT be in session when the utterance is made. Hence. Legislative privilege: No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof. 3) Legislators cannot personally appear as counsel before any court of justice. upon assumption of office. QuickTime™ and a it forms part of as long as TIFF (Uncompressed) decompressor legislative action needed to part picture. electoral tribunal. When it is for his pecuniary benefit or where he may be called upon to act on account of his office. If he does so. 11: CONGRESSIONAL IMMUNITIES A. All Members of the Senate and the House of Representatives shall. The Senator or representative elected shall serve only for the unexpired term. Immunity from arrest: Legislators are privileged from arrest. are i. B. or any subdivision. including any GOCC or its subsidiary. 2. 5) Legislators cannot intervene in any matter before any office of the government.’ they can appropriate for themselves other sums of money such as travel allowances. 10.’ Sec.e. CONGRESSIONAL WHEN APPLICABLE During his term. IF the office was created or the emoluments thereof increased during the term for which he was elected. During his term of office. the Senate or the House. Sections 13-14: DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION 1) Cannot hold any other office or employment in the Government or any subdivision. 12. 3. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. and not to prosecution for criminal offenses. he forfeits his seat. Sec. Salaries of Senators and Members of the House Determination of Salaries: Their salaries shall be determined by law. see this of the deliberative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress’ jurisdiction. NOTE: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments. while Congress is “in session” only (whether regular or special) with respect to offenses punishable by up to 6 years of imprisonment. may discipline their members. Protection is only against prosecution in any forum other than Congress itself. During his term of office. make a full disclosure of their financial and business interests. Rule on increase in salaries: No increase in their salaries shall take effect until AFTER the EXPIRATION OF THE FULL TERM (NOT TENURE) of all the members of the Senate and the House of Representatives approving such increase. 4) Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise. agency or instrumentality thereof. Sec. agency or instrumentality thereof. as well as other side ‘benefits.

Special Sessions: Called by the President at any time when Congress is not in session. Thus where the certifications are valid and are not withdrawn. Congressional Journals and Records: General rule. returns. they can determine their own rules. 15: REGULAR AND SPECIAL SESSIONS An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Neither can they adjourn to any other place than that where the two houses are sitting. the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill. Adjournments: 1. and 3) Such other officers as necessary. the Journal is conclusive upon the courts but an enrolled bill prevails over the contents of the Journal. Sec. and qualifications of their respective members. the Electoral Tribunal is without jurisdiction. Or. 1. Sundays. NOTE: The congressional members of the ET’s shall be chosen on the basis of proportional representation from the political parties and party-list organizations. Quorum to do business: 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Sec. it may deem Election of Officers By a majority vote of all respective members. until 30 days before the opening of the next regular session. Officers: 1) Senate President. The Senate and the House shall each have an Electoral Tribunal which shall be composed of: 1. without the consent of the other. QuickTime™ and a TIFF (Uncompressed) decompressor 2. Jurisdiction: Each Electoral tribunal shall be the sole judge of all CONTESTS relating to the election. as the case may be. 16. Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House. members who are outside the country and thus outside of each House’s coercive jurisdiction are not included. Issues regarding the Electoral Tribunals: Since the Electoral Tribunals are independent constitutional bodies. A smaller number may adjourn from day to day and may compel the attendance of absent members. Discipline: 1. The senior Justice in the Electoral Tribunal shall be its Chairman. excluding Saturdays. Continues in session for as long as it sees fit. 3 Supreme Court Justices to be designated by the Chief Justice. An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner. However. Page 28 of 125 Regular Sessions: Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law). . 3. Suspension – needs concurrence of 2/3 of ALL its members and shall not exceed 60 days. Internal Rules: As part of their inherent power. In computing a quorum. In the absence of an election contest. Majority of each House shall constitute a quorum. 6 Members of the Senate or House. Hence. Expulsion . 2/3 of ALL its are needed to see this of members. & 2. the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress. and legal holidays. 2) Speaker of the House. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. 17: THE ELECTORAL TRIBUNAL Sec. 2. Neither Congress nor the Courts may interfere with procedural matters relating to the functions of the Electoral Tribunals. the power of each House to expel its own members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest.Concurrencepicture. 2.

Neither may they be removed for not voting according to party lines. Jurisdiction Commission on Appointments shall confirm the appointments by the President with respect to the following positions: (CODE: HAPCOO) 1. Officers of the AFP from the rank of Colonel or Naval Captain: and 4. then it is beyond the scope of congressional powers. and 3. Other officers whose appointments are vested in him by the Constitution (e. other public ministers or consuls. The Electoral Tribunals being independent bodies. 4. it is indefinite because the Senate. Judicial review of decisions of the Electoral Tribunals may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process. The continuance of such incarceration only subsists for the lifetime. with its staggered terms. The Commission on Appointments shall act on all appointments within 30 session days from their submission to Congress. are needed to see this picture. 2. Limitations 1. 2. Ambassadors. each ‘Congress’ of the House lasts for only 3 years. since they are acting independently of Congress. 2. 12 Senators. and may have them incarcerated until such time that they agree to testify. COMELEC members). 3. or term. Senate President as ex-officio chairman. if the investigation is no longer “in aid of legislation” but “in aid of prosecution” which the stated purpose of the investigation is to determine the existence of violations of the law. The mere fact that the members of either the Senate or the House sitting on the Electoral Tribunal are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the Electoral Tribunal. The chairman shall only vote in case of a tie. of such body.g. 3. Thus.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. 3. the materiality of a question is determined not by its connection to any actually pending legislation. But. its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. But if one is incarcerated by the Senate. Page 29 of 125 . Scope of Legislative Inquiries: Such must be conducted “in aid of legislation” which does not mean that there is pending legislation regarding the subject of the inquiry. Hence. Meetings of the CA Commission on Appointments meets only while Congress is in session. Sec. Since the Commission on Appointments is also an independent constitutional body. The Commission shall rule by a majority vote of all the Members. Sections 21-22: LEGISLATIVE INQUIRIES NOTE: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations. Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA. Heads of the Executive Departments (except if it is the Vice-President and a is appointed to QuickTime™ who TIFF (Uncompressed) decompressor the post). NOTE: The Electoral Tribunal and the Commission on Appointments shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President and the Speaker. 18: THE COMMISSION ON APPOINTMENTS Composition: 1. Enforcement: Congress or local government units if they are expressly authorized to do so. 12 Members of the House. is a continuing body. has the inherent power to punish recalcitrant witnesses for contempt. Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress. Voting/Action 1. 2. but by its connection to the general scope of the inquiry. its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary. Meetings are held either at the call of the Chairman or a majority of all its members.

The right against self-incrimination. Upon their own initiative. This need for prior consent is based on the executive privilege. and 3. Upon the request of either House (which cannot compel them to attend) And. postponement is impossible.Appearance of department heads before Congress: Under the principle of separation of powers. or 2. the courts and the Congress. Senator Drilon said that the request was belatedly sent and all preparation were already made. No. ADHERENCE TO THE RULE ON EXECUTIVE PRIVILEGE AND RESPECT FOR THE RIGHTS OF PUBLIC OFFICIALS APPEARING IN LEGISLATIVE INQUIRIES IN AID OF LEGISLATION UNDER THE CONSTITUTION AND FOR OTHER PURPOSES. pursuant to Section 6 thereof. Question Hour -. Neither may the department heads impose their appearance upon Congress. defined as the power of the Government to withhold information from the public. 22. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House conducting the inquiry. department heads cannot be compelled to appear before Congress. are covered by the executive privilege. However. However. Eduardo Ermita* (G. Page 30 of 125 .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Limitations: 1. And. thus. Required by the security of state or required by public interest. Such law provides that “all heads of departments of the Executive Branch of the government shall secure the consent of the President prior to appearing before either House of Congress”. Facts: Several invitations were issued by the Senate to various officials of the Executive Department including officials of the AFP for them to appear as resource speakers in a public hearing on the alleged overpricing and unlawful provisions of the contract covering the North Rail Project. 169777) (20 April 2006) EO 464: ENSURING OBSERVANCE OF THE PRINCIPLE OF SEPARATION OF POWERS. and 2. 2. On that same day. Department heads may appear before Congress in the following instances: 1. with the consent of the President (and that of the House concerned). Ex. The inquiry must in aid of legislation. Senate of the Philippines vs. their appearance will be conducted in EXECUTIVE SESSION when: 1. Article VI) Only a department head Entire body Legislative Investigation (Sec. The rights of persons appearing in or affected by such inquiries shall be respected. 21. in the discretion of the president. took effect immediately.R. When the President so states in writing Question Hour (Sec. this does not only cover department heads but several officials which. the President issued EO 464 which. Article VI) Any person As to persons who may appear As to who conducts the investigation As to the subject matter Committees Matters related to the department only Any matter for the purpose of legislation QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. they received a letter requesting a postponement of the hearing in order to be given opportunity to prepare for the various issues involved.

the court held when the proceeding involves the assertion of a public right. several petitions were filed questioning the said EO. Section 2b and 3 of EO 464 are void while section 1 and 2A are valid. However. In Francisco v House of Representatives. Such power – with the process to enforce it – is an essential and appropriate auxiliary to the legislative function.g. QuickTime™ and a • As for PDP-Laban . PD. Ratio: A. Executive privileges are properly involved to specific categories of information and to categories of persons. Therefore. group is bereft of standing to file the present petition. 87 Phil 29 (1950)]. For one to be accorded standing on the ground of transcendental importance. • Individuals (e.EO 464 stifles its fundamental right in making sound legislation. EO orders and other regulations must be direct and personal. Issue: • W/N the petitioners have standing to file the suit. the only way for department heads to exempt themselves therefrom is by a valid claim of privilege. is valid on its face. They are not exempt by the mere fact that they are department heads. Assuming that the order refers to “officials in possession of information”. in view of its specific reference to Section 22 of Article VI of the constitution and the absence of any reference to inquiries in aid of legislation. • Party list representatives . Thus. enumerated in the law. Under the rule of ejusdem generis. Page 31 of 125 . A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change [Arnault vs. Francisco Chavez) . Standing: • The Senate of the Philippines . the Senate was informed that no officer of the Executive Branch can attend the hearing without seeking approval from the President while those military officials who testified without the approval from the President were relieved.allowed to sue absent any claim that an investigation called by the House of Representative was aborted due to the implementation of EO 464. (3) lack of any party with a more direct and specific interest in raising the questions being raised. the provision which requires all the public officials. The first and last are lacking since no public funds or assets are involve in the present petition. Nazareno. Constitutionality of EO 464 The Congress has the power of inquiry as provided in Section 21 of Article VI. Section 1 therefore. Only one executive official may be exempted from this power – the president.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Because of this law. to secure the consent of the President prior to appearing before either house of Congress is too broad.well settled rule that when suing as a citizen the interest of the petitioner assailing the constitutionality of the laws. when congress exercises its power of inquiry. (2) the presence of clear case of disregards of a constitutionality or statutory provision. • W/N EO 464 is unconstitutional for violating the certain provisions of the constitutions Held: The petitions were partly granted.the court held that the said TIFF (Uncompressed) decompressor are needed to see this picture. must be construed to be limited in its application to appearances of department heads in the question hour. The requirement then to secure presidential assent is limited as it is only to appearances in the question hour. the determination by the president under this provision is intended to be based on a similar finding of coverage under executive privilege. the mere fact that he is a citizen satisfies the requirement of personal interest. it must be established that (1) the character of the funds (public) or other assets are involved in this case. This power is broad enough to cover officials of the executive branch.

authorize the President to Page 32 of 125 . there is no explicit invocation of executive privilege. 30-31 LEGISLATION Bills that must originate from the House of Representatives (Sec. Limitations: A. 2/3 of both Houses. such invocation must be construed as a declaration to Congress that the President has determined that the requested information is privileged. This frustrates the power of inquiry of the Congress. examining the ground involved and circumstances surrounding them. Ermita merely invokes 464 coupled with an announcement that the President has not given her consent. Revenue bills 3. exercise powers necessary and proper to carry out a declared national policy. the Senate approved its own version. the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill. Section 2b in relation to section 3 provides that once a head of office determines that certain information is privileged.g. propose or concur with amendments. Appropriation bills The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. such as one asking for the conversion of a municipality into a city. Tariff bills 4. the letter of Sec. and appropriating funds therefor is NOT an appropriation bill. Congress may. such a claim is not asserted. upon the next adjournment of Congress Limitations: 1. But a provision in. Bills authorizing the increase of public debt 5. in the case at bar. Appropriation bills 2. Bills of local application A bill of local application. Cannot increase the appropriations recommended by the President for the Sections 23-24. in the letter of Sec. 2. For appropriation bills: 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 whenever an official involves EO 464 to justify his failure to be present. such a determination is presumed to bear the President’s authority. Private bills NOTE: The Senate may. even without mentioning the term “executive privilege” amounts to an implied claim that the information is privileged. BY LAW. Section 3 cannot be dismissed outright as invalid by the mere fact that it sanctions claims of executive privilege. and 2. These provisions thus allow the President to authorize claims of privilege by mere silence. Ermita. for instance. Claims of privilege must be assessed on a case to case basis. Bills of local application 6. E. however. in the end. Powers will be exercised for a limited period only. by resolution of Congress or 2. DECLARATION WAR/EMERGENCY POWERS OF QuickTime™ Vote requirement:TIFF (Uncompressed) decompressor (to declare and a existence of a the are needed to see this picture. Voting separately Emergency powers: During times of war or other national emergency. What is important is that the President asserts such a privilege. Powers will be subject to restrictions prescribed by Congress Sections 24-27. Instead of providing precise and certain reasons from the claim. is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if. Section 3 and Section 2 of EO 464 must be invalidated. Such declaration however. However. 24) (CODE: A R T Pu Lo P) 1. Budget BUT: A bill creating a new office. In fine. in joint session 3. Revenue Bill A revenue bill is one specifically designed to raise money or revenue through imposition or levy. However. state of war) 1. Such powers expires 1.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
operation of the Government as specified in the budget. 2. Must relate specifically to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to which it relates. 3. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. 4. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal therein. Transfer of appropriations: Rule: No law shall be passed authorizing any transfer of appropriations BUT the following 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 1. President 2. President of the Senate 3. Speaker of the House of Representatives 4. Chief Justice of the Supreme Court 5. Heads of the Constitutional Commissions Discretionary funds appropriated for particular officials shall be: 1. Disbursed only for public purposes; 2. Should be supported by appropriate vouchers; and 3. Subject to guidelines as may be prescribed by law. NOTE: If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year: The GAB for the previous year is deemed reenacted It will remain in full force and effect until the GAB is passed by Congress. B. For law granting tax exemption: Concurrence of a MAJORITY of ALL the members of QuickTime™ and a TIFF (Uncompressed) decompressor Congress. are needed to see this picture. C. For bills in general Every bill shall embrace only one (1) subject, as expressed in the title thereof, which does not have to be a complete catalogue of everything stated in the bill. A title expressing the general subject of the bill and all the provisions of the statute are germane to that general subject is sufficient
Page 33 of 125

Readings Each bill must pass three (3) readings in both Houses which shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three (3) days before its passage. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency, the 3 readings can be held on the same day. First reading – only the title is read; the bill is passed to the proper committee Second reading – Entire text is read and debates are held, and amendments introduced. Third reading – only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. Veto power of President: 1. Must be presented to and signed by the President. 2. May veto the same and return it with his objections to the House from which it originated. The House shall enter the objections in the Journal and proceed to reconsider it. 3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it. 4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill. 5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overridden and becomes a law without need of presidential approval. 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

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Definition of item TYPE OF BILL 1. Revenue/tax bill ITEM Subject of the tax and the tax rate imposed thereon Indivisible sum dedicated to a stated purpose Within the framework of the national development program of the Government Constitutional tax exemptions: The following properties are exempt from REAL PROPERTY taxes (CODE: Cha Chu M- CA) 1. Charitable institutions 2. Churches, and parsonages or convents appurtenant thereto 3. Mosques 4. Non-profit cemeteries; and 5. All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes. NOTE: All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec. 4 (3)) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec. 4 (4)) Sec. 29. Power of the Purse Specific limitations on legislation No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice and concurrence. No law shall be enacted granting titles of royalty or nobility. Sec. 28. POWER TO TAX Limitations: (UP DEP) 1. The rule of taxation should be UNIFORM 2. It should be EQUITABLE 3. Congress should evolve a PROGRESSIVE system of taxation. 4. The power to tax must be exercised for a Public purpose because the power exists for the general welfare 5. The Due process and equal protection clauses of (Uncompressed) decompressor should be the QuickTime™ and a Constitution TIFF observed. are needed to see this picture. Delegation of power to fix rates Congress may, BY LAW, authorize the President to fix the following: 1. Tariff rates 2. Import and Export Quotas 3. Tonnage and wharfage dues 4. Other duties and imposts No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law. BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual appropriation. Limitations. 1. Appropriations must be for a PUBLIC PURPOSE 2. Cannot appropriate public funds or property, directly or indirectly, in favor of a. any sect, church, denomination, or sectarian institution or system of religion or b. Any priest, preacher, minister, or other religious teacher or dignitary as such. EXCEPT if the priest, etc is assigned to: i. the Armed Forces; or ii. any penal institution; or iii. government orphanage; or iv. leprosarium NOTE: BUT the government is not prohibited from appropriating money for a valid secular purpose,
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2. Appropriations bill

Exceptions to the Exception: 1. Doctrine of Inappropriate Provisions- a provision that is constitutionally inappropriate for an appropriation bill may be singled for veto even if it is not an appropriation or revenue “item” (Gonzales vs. Macaraig, 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 vs. Enriquez, G.R. No. 113105. August 19, 1994) Veto of RIDER A rider is a provision which does not relate to a particular appropriation stated in the bill. Since it is an invalid provision under Section 25(2), the President may veto it as an item.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
even if it incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects the safety of clergymen. ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions Special Funds Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government Sec. 32. INITIATIVE AND REFERENDUM President Vice President At least 40 years old on the day of election Natural- born citizen of the Philippines Able to read and write Registered voter Resident of the Philippines for at least 10 years immediately preceding the election Term of 6 yrs. Unless otherwise provided by law, term of office commence at noon of June 30 next following the lection Single term only; not Term limitation: 2 eligible for any successive terms. reelection Any person who has succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to the same office at any time. Pimentel, Jr. v. Ermita* (472 SCRA 587) (October 13, 2005) Ratio: “The power to appoint is essentially executive in nature, and the legislative may not interfere with the exercise of this executive power except in those instances when the Constitution expressly allows it to interfere.”

Sec. 2 Qualifications

Initiative: The power of the people to propose amendments to the Constitution or to propose and enact legislation called for the purpose. Referendum: Power of the electorate to approve or reject legislation through an election called for the purpose. Required Petition 1. Should be signed by at least 10% of the total number of registered voters 2. Every legislative district should be represented by at least 3% of the registered voters 3. Petition should be registered ARTICLE VII. THE EXECUTIVE DEPARTMENT Sec. 1. Executive Power Scope: 1. Executive power is vested in the President of the Philippines. 2. Such is not limited to those set forth in the constitution. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others QuickTime™set a forth in the not and TIFF (Uncompressed) decompressor Constitution. areEXAMPLE:picture. President is The needed to see this immune from suit and criminal prosecution while he is in office. 3. Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. 4. BUT The President CANNOT dispose of state property unless authorized by law.

Sec. 4. OFFICE

MANNER OF ELECTION/ TERM OF

Manner of Election 1. The President and Vice-President shall be elected by direct vote of the people. 2. Election returns for President and VicePresident, as duly certified by the proper Board of Canvassers shall be forwarded to Congress, directed to the Senate President. 3. Not later than 30 days after the day of the election, the certificates shall be opened in
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e) The law shall be deemed enacted upon its approval on third reading. The convening of Congress cannot be suspended. The Supreme Court en banc shall act as the sole judge over all contests relating to the election. b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses. c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law. are inability. Senate President Vice-President die. the Senate President shall be the acting President until the deadlock is broken. 5. b) Within 7 days after convening. is the unexpired term. without need of a call. Both President 1) Senate President or and VP-elect are 2) In case of his not chosen or do inability. impeached. 6. In case of his disabled. who will be the acting President. voting separately. Prohibited from receiving any other emolument from the government or any other source during their TENURE 2. Vacancies at the beginning of the term VACANCY SUCCESSOR President-elect VP-elect will be Acting fails to qualify or to President until someone be chosen is qualified/chosen as President. voting separately. House shall act as President until the President or VP shall have been elected and qualified. the Speaker not qualify or both of the House shall act die. or become permanently 2. 6. In case of a tie between 2 or more candidates. (Nominee forfeits seat in Congress) 4. or resigns. Sec. Congress shall determine. PRESIDENTIAL SUCCESSION 1. chosen and qualified. shall canvass the votes. In case of death or disability of (1) and (2). Sections 7-12. or Speaker of the resign. Both President and 1. after determining the authenticity and due execution of the certificates. permanently disabled. The person receiving the highest number of votes shall be proclaimed elected. Vacancies after the office is initially filled: VACANCY SUCCESSOR President dies. is Vice-President permanently becomes President for disabled. 4. Salaries cannot be decreased during the TENURE of the President and the VicePresident.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the presence of both houses of Congress. Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved. President-elect VP becomes President. by law. one shall be chosen by a majority of ALL the members of both Houses. assembled in joint public session. In case this results in a deadlock. 4. Vacancy in office of Vice-President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. the impeached. and qualifications of the President or Vice-President and may promulgate its rules for the purpose disabled. 7. SALARIES AND EMOLUMENTS 1. Election of President and Vice-President after vacancy during term a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP. d) The 3 readings for the special law need not be held on separate days. Official salaries are determined by law. 3. or both as President until a become President or a VP permanently shall have been Page 36 of 125 . Congress shall enact a law calling for a special election to elect a President and a VP. returns. The Congress. QuickTime™ and a dies or is TIFF (Uncompressed) decompressor are needed to see this picture. The special election cannot be postponed. 2. 3.

Cannot be appointed during President’s tenure as: 1) Members of the Constitutional Commissions. including GOCC's or their subsidiaries. Constitution (e.B. Congress shall reconvene within 48 hours if it is not in session. b) Even during such illness. without need of a call. 5. the Secretary of Foreign Affairs. the public must be informed thereof. the Vice-President will be Acting President until the President transmits a written declaration to the contrary. agency or instrumentality thereof. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. In this case. 2) Practicing. In this event. VicePresident. IX-B. 2) Office of the Ombudsman. in any Spouses and 4th degree relatives of the President (consanguinity or affinity) SUBJECT President.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election. TEMPORARY DISABILITY of the President: The temporary inability of the President to discharge his duties may be raised in either of two ways: • a) By the President himself. 3) Participating business. Within 10 days after Congress is required to assemble. he reassumes his position iii. Sec. is needed to find the President temporarily disabled.g. 5) Chairman or heads of Page 37 of 125 . Congress shall decide the issue. in which case. 13. 7. Cabinet Members. directly or indirectly. of Finance is head of Monetary Board). The VP will immediately be Acting President. the majority of the Cabinet retransmits their written declaration. or in any franchise. Deputies or Assistants of Cabinet Members SOURCE OF DISQUALIFICATION Prohibited from: 1) Holding any office or employment during their tenure. i. any other profession during their tenure. Sec. 4) Department undersecretaries. of Justice sits on Judicial and Bar Council). a 2/3 majority of both Houses. b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration. the VP will be Acting President. N. when he sends a written declaration to the Senate President and the Speaker of the House. iv. or 12 days if Congress is not in session. Sec. the National Security Adviser.g. VP can be appointed a Cabinet Member. DISQUALIFICATIONS and a QuickTime™ TIFF (Uncompressed) decompressor are needed to see this picture. BUT: If the President transmits a written declaration that he is not disabled. If within 5 days after the President reassumes his position. voting separately. or the positions are ex-officio and they do not receive any salary or other emoluments therefor (e. 6. UNLESS: • otherwise provided in the 4) Being financially interested in any contract with. 3) Department Secretaries. ii. and the Chief of Staff of the AFP are entitled to access to the President Sec. Presidential Illness: a) If the President is seriously ill. or special privilege granted by the government or any subdivision.

Bangko Sentral Governor). he/she may continue in office. Page 38 of 125 . NOTE: At any time before all four steps have been complied with.B. the President can withdraw the nomination/appointment. These appointments are effective immediately. 1) If the spouse. CA confirmation needed: a) Nomination by President b) Confirmation by CA c) Appointment by President. POWER TO APPOINT Principles: Power to appoint is executive in nature. d. or in the heads of departments. etc. c. 3. ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. 5. President also appoints members of the Supreme Court and judges of the lower courts. the determination of who among those who are qualified will be appointed is the President’s prerogative. can be appointed to the judiciary and as ambassadors and consuls. All other officers whose appointments are not otherwise provided for by law. While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 bureaus or offices including GOCC’s and their subsidiaries. 4. Ambassadors. N. What is prohibited is appointment and reappointment. other public ministers. Ad-interim appointments: 1. QuickTime™ and a d. and those whom he may be authorized by law to appoint. Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval. boards or commissions. NLRC Commissioners. but are only effective until they are disapproved by the CA or until the next adjournment of Congress. agencies.. but these appointments do not need CA confirmation. Scope: The President shall appoint the following: 1. Congress may. Officers of AFP from rank of colonel or naval captain (CA confirmation needed). COA and CSC. c. NOT continuation in office. BUT: Congress cannot. The President cannot extend the scope of the CA’s power as provided for in the Constitution. Heads of executive departments (CA confirmation needed): 2. Sectoral representatives in Congress. was already in any of the above offices at the time before his/her spouse became President. TIFF (Uncompressed) decompressor are needed to see this picture. a. whose appointments are provided for by law NOT by the Constitution. etc. and consuls (CA confirmation needed). 2) Spouses.g. by law. by law. No CA confirmation: a) Appointment. This includes the Chairman and members of the Commission on Human Rights. Appointments by an Acting President: N. 2. b. NOTE: Once appointee accepts. and b) Acceptance. Chairmen and members of the COMELEC. Other officers whose appointment is vested in him by the Constitution (CA confirmation needed). Regular members of the Judicial and Bar Council. vest the appointment of other officers lower in rank in the President alone or in the courts..B. Sections 14-16. such as: a. require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e. b. the President may still appoint officers to positions subject to CA confirmation. President can no longer withdraw the appointment. 3. Procedure: 1. The Ombudsman and his deputies. 2. and d) Acceptance by appointee. When Congress is in recess.

and b. Rebellion. and NOT from the power to control.” 2. may revoke the same. the officers. the President must submit a report to Congress. b. He cannot suspend the operation of laws. If the acts are disapproved or reprobated by the President. 17. COMMANDER-IN-CHIEF POWERS POWER OF CONTROL: The power of an officer to alter. c. Limitation 1. and to substitute the judgment of the officer for that of his subordinate. but the power of control necessarily includes the power of supervision. 18.appealed to the are needed to not be President in order to comply with the requirement of exhaustion of administrative remedies. b. 3. Proclaim a state of martial law. Suspend the privilege of the writ of habeas corpus. Rebellion. 2. Invasion. Limitations: a. the President or Acting President SHALL NOT make appointments. and employees entitled to security of tenure cannot be summarily removed from office. Suspension or proclamation is effective for only 60 days. Disciplinary Powers: The power of the President to discipline officers flows from the power to appoint the officer. b. and c. or those officers with no set terms. and up to the end of his term. Suspension of the privilege of the writ of habeas corpus and declaring martial law. Public safety requires it. to PREVENT or SUPPRESS: a. Power of Supervision: This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates. Congress. such as Department Heads. The power of the president over local government units is only of general supervision. Hence. If the President is required to act in person by law or by the Constitution Example: The power to grant pardons must be exercised personally by the President NOTE: Under Administrative Law. Qualified Political Agency: Generally the acts of these department heads. The execution of laws is an OBLIGATION of the President. or set aside what a subordinate officer has done in the performance of his duties. decisions of QuickTime™ and a TIFF (Uncompressed) decompressor Department Secretaries needsee this picture. EXCEPTION: a) Can make TEMPORARY APPOINTMENTS b) To fill EXECUTIVE POSITIONS. and the President cannot set aside the revocation. etc. 1. Lawless violence. This is to prevent the practice of ‘midnight appointments. Thus. by majority vote and voting jointly. which are performed and promulgated in the regular course of business. Scope: Being the Commander-in-Chief of the Armed Forces. 2 months immediately before the next Presidential elections. whenever necessary. BUT While the President may remove from office those who are not entitled to security of tenure. May also: a. Page 39 of 125 . c) If continued vacancies therein will prejudice public service or endanger public safety. he can only interfere with the actions of their executive heads if these are contrary to law.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office. Invasion or b. or c. The invasion or rebellion must be ACTUAL and not merely imminent. The President’s power over government-owned corporations comes not from the Constitution but from statute. Grounds a. are presumptively the acts of the President. Exception: a. it may be taken away by statute. Within 48 hours from the declaration or suspension. Power of Control and Supervision Sec. The power of supervision does not include the power of control. modify. Sec. the President may call out the AFP 1. 2.

W/N PP 1017 and G. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. Procedural 1. Suspension of privilege of the writ of habeas corpus: i. fails to prove that he has a “personal and substantial interest in the case such that he has sustained. the actual use by the President of the armed forces is not. et.R. The appropriate proceeding can be filed by any citizen. Declaration of State are needed to see this picture. iii. Decision is promulgated within 30 days from filing. and 171424 (Legarda) have legal standing. there is a grave violation of the Constitution. President Arroyo issued Presidential Proclamation No. Otherwise he should be released. et. Courts will decide cases. NOTE: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review. W/N the SC can review the factual bases of PP 1017 2. Thus. political rallies were cancelled. B. SUBSTANTIVE 1. Martial Law does NOT: i. f. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and iv. 2006 Facts: G. Anyone arrested or detained during suspension must be charged within 3 days. including media. On March 3. troop deployments in times of war are subject to the President’s judgment and discretion. second. the exceptional character of the situation and the paramount public interest is involved. and fourth.al. Even if the plaintiff who asserts a “public right”. .O. the bar.al). All petitioners have locus standi. PGMA’s issuance of PP 1021 did not render the present petitions moot and academic. NOTE: Congress CANNOT extend the period motu propio. and the public. Public safety requires it. Invasion or rebellion persist and 5.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. Inc. 1017 declaring a state of national emergency. and warrantless arrests and take-over of facilities. G. In the same manner. By virtue of PP1017. Suspend the operation of the Constitution. Zamora. ii. Macapagal-Arroyo* 171396. when constitutional issue raised requires formulation of controlling principles to guide the bench. The SC can review the FACTUAL BASIS of the proclamation or suspension. g. or will sustain direct injury as a result”. Constitutional Basis c. Issues: A. 141284 The factual necessity of calling out the armed forces is something that is for the President to decide. Supreme Court review: i. 171489 (Cadiz. ii.). W/N the petitioners in 171485 (Escudero. otherwise moot and academic. iii. at the President’s initiative. but the Court may look into the factual basis of the declaration to determine if it was done with grave abuse of discretion amounting to lack of jurisdiction. 171483 (Kilusang Mayo Uno. if: first. et al. May 3.R. PGMA issued PP1021 declaring that the state of national emergency has ceased to exist. the case is capable of repetition yet evading review. stating that the proximate cause behind the executive issuances was the conspiracy among members of the political opposition in a plot to unseat or assassinate President Arroyo. ii. PROCEDURAL 1. 2006. 171400 (Alternative Law Groups. of Rebellion QuickTime™ and a TIFF (Uncompressed) decompressor David v. third.). Congress can extend the same for a period determined by Congress if: 4. were implemented. rallyists were violently dispersed. Supplant the functioning of the civil courts or legislative assemblies. 2. Automatically suspend the privilege of the writ of habeas corpus. W/N the issuance of PP 1021 renders the petitions moot and academic 2. As Applied Challenge Held: A. 5 are unconstitutional a.). No. e. Facial Challenge b. the requirement of locus standi may Page 40 of 125 IBP v.

provided the following requirements are met: a. Hence. Cannot be granted: 1. which is manifestly subject to state regulation. it is incumbent upon the petitioner to show that the President’s decision is totally bereft of factual basis of which they failed to show that PGMA’s exercise of the calling-out power. or violate the citizen’s constitutional rights. Limitations: A. such portion of G.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 be waived by the Court in the exercise of its discretion. as well as decrees promulgated by the President. but such declaration does not authorize the President to take over privately-owned public utility or business affected with public interest without prior legislation. In addition. 3. to enforce laws pertinent to its duty to suppress lawless violence. Hence. the standard laid down is not correctness. Substantive The Petitions are partly needed to see this picture. 19: EXECUTIVE CLEMENCY Scope: After conviction by final judgment.O. the provision in PP 1017 declaring national emergency under Section 17. Article VII of the Constitution is CONSTITUTIONAL. the various warrantless arrest. there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional.e. A. there must be a showing that the issues raised are of transcendental importance which must be settled early.” Legislative power is peculiarly within the province of the Legislature. for voters. the imposition of standards on media or any form of prior restraint on the press. Where a conditional pardon is granted. but arbitrariness. QuickTime™ and a TIFF (Uncompressed) decompressor 2. Commutations 4. for taxpayers. Thus. it is not proper to implead PGMA as a respondent. there must be a claim that the official action complained of infringes upon their prerogatives as legislators 3. as well as the warrantless search of the Tribune offices and whimsical seizure of its articles for publication and other materials. Sec. The Court rules that PP 1017 is CONSTITUTIONAL insofar as it constitutes a call by President Gloria Macapagal-Arroyo on the AFP to prevent or suppress lawless violence. Review of Factual Bases 4. in Lansang v. whatever is “necessary and appropriate actions and measures to suppress and prevent acts of lawless violence. Settled is the doctrine that the President. G. under the principle of “transcendental importance”. may not be sued in any civil or criminal cases. and not free speech. under PP 1017. SUBSTANTIVE 1. 4. However. i. No. e. Garcia.O. 5. there must be a showing of obvious interest in the validity of the election law in question. 5 is CONSTITUTIONAL since it provides a standard by which the AFP and the PNP should implement PP 1017. are declared UNCONSTITUTIONAL. The assailed PP 1017 is unconstitutional insofar as it grants PGMA the authority to promulgate “decrees. the President may grant the following: [ Pa R C Re] 1. there is nothing in it allowing the police. during his tenure of office or actual incumbency. by issuing PP 1017. She can only order the military. c. Reprieves 3. Before conviction In cases of impeachment Page 41 of 125 1. .” Considering that “acts of terrorism” have not yet been defined and made punishable by the Legislature. No. for legislators. Remittance of fines and forfeitures NOTE: The power to grant clemency includes cases involving administrative penalties. d. to conduct illegal arrest. and there is no need to provide for it in the Constitution or law. the cases involve constitutional issues b. search. it adopted the test that “judicial inquiry can go no further than to satisfy the Court not that the President’s decision is correct but that the President did not act arbitrarily. 5 is declared UNCONSTITUTIONAL. the determination of whether it has been violated rests with the President. Pardons (conditional or plenary) 2. the provisions of PP 1017 commanding the AFP to enforce laws not related to lawless violence. B. As to how the Court may inquire into the President’s exercise of power. for concerned citizens. is totally bereft of factual basis. expressly or impliedle. are declared UNCONSTITUTIONAL for PP 1017 is merely an invocation of the President’s calling-out power. which pertains to a spectrum of conduct. are granted.

Disapprove outright. undertake an obligation which indirectly circumvents a legal prohibition. he must admit his guilt of the offense which is subject to such amnesty. Absolute pardon restores. under international law. with suggested amendments which if re-negotiated and the Senate’s suggestions are incorporated. a. or c. Power to contract and guarantee foreign loans on behalf of the Republic Power to deport aliens a. 2. and consuls. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board. Approve with 2/3 majority. May or may not restore political rights. Pardon AMNESTY Addressed to POLITICAL offenses Granted to a CLASS of persons Need not be accepted Requires concurrence of majority of all members of Congress A public act. Conditional does not. NOTE: The President cannot. 2) Does not restore public offices already forfeited. Power to appoint ambassadors. NOTE: While our municipal law makes a distinction between international agreements and executive agreements. May be granted before Only granted after or after conviction conviction by final QuickTime™ and a judgment TIFF (Uncompressed) decompressor are needed to see this picture. there is no such distinction. Subject to judicial notice Extinguishes the offense itself PARDON Addressed to ORDINARY offenses Granted to INDIVIDUALS Must be accepted No need for Congressional concurrence Private act of President. Power to Contract or Guarantee Foreign Loans Limitations: 1. the treaty will go into effect without need of further Senate approval However. It must be proved. This power is vested in the President by virtue of his office. Amnesty V. which puts into oblivion the offense itself. When a person applies for amnesty. other public ministers. he can be convicted based on this admission of guilt. Power to receive ambassadors and other public ministers accredited to the Philippines. a. and regulations without the favorable recommendation of the COMELEC 3. and 4.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 For violations of election laws. If there’s conflict between treaty and municipal law. Foreign Relations Powers include: 1. A State cannot plead its municipal law to justify noncompliance with an international obligation. Monetary Board shall submit to Congress report on loans within 30 days from the end of every quarter. rules. although eligibility for the same may be restored. 2. If his application is denied. as it is the latest expression of the State’s will. Amnesty: An act of grace concurred in by Congress. b. Approve conditionally. Philippine Courts: The later enactment will prevail. then under. if re-negotiated. 20. 5. by executive agreement. President alone CANNOT grant amnesty for it needs the concurrence by a majority of all the members of Congress. In cases of civil or legislative contempt B. b. Subject to such limitations as may be provided by law. with the former requiring Senate approval and the latter not needing the same. International tribunal: Treaty will always prevail. subject only to restrictions as may be provided by 3. As to effect: 1) Does not absolve civil liabilities for an offense. Page 42 of 125 . Sec. Civil indemnity is not extinguished. there is no treaty. Only penalties are extinguished. usually extended to groups of persons who commit political offenses. be it treaty or law. 2. Section 21. Power to negotiate treaties and other international agreements BUT: Such treaty or international agreement needs to pass to the Senate which has the following options: a.

appropriations shall be automatically and regularly released. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. ARTICLE VIII. The power to deport aliens is limited by the requirements of due process. 1. CA. Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. FISCAL AUTONOMY The entire judiciary shall enjoy fiscal autonomy. then it is VALID. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. judges of lower noncollegiate courts Citizen of the Philippines (may be a naturalized citizen) At least 40 years old Possesses other qualifications prescribed by Congress Page 43 of 125 . BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary. 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 the government. c. d. In the absence of any legislative restriction to authority. are needed to to a co-equal branch of the Government. Sec. Qualifications of members of the: SC lower collegiate courts e. to settle actual controversies involving rights which are legally demandable and enforceable. The duties of the courts are 1. BUT. for these questions have been vested by the Constitution in the Executive and Legislative Departments. and 2. 12 JUDICIARY Composition of the Supreme Court: 1) Chief Justice and 2) 14 Associate Justices NOTE: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. Political Questions: A ‘POLITICAL QUESTION’ is one the resolution of which has been vested by the Constitution exclusively in either the people. JUDICIAL POWER Definition: Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights.g. they cannot review government policy and the wisdom thereof. THE JUDICIAL DEPARTMENT Sec. or in whicha full discretionary QuickTime™ and TIFF (Uncompressed) decompressor authority has been delegatedsee this picture. 2. in the exercise of their sovereign capacity.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 legislation as regards to the grounds for deportation. 1. b. 3. Creation and abolition of courts: The power to create courts implies the power to abolish and even re-organize courts. Once approved. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year. BUT: The alien is not entitled to bail as a matter of right. ROLES OF CONGRESS Defining enforceable and demandable rights and prescribing remedies for violations of such rights. which entitles the alien to a full and fair hearing. CTA. To whom vested: Supreme Court and such lower courts as may be established by law. the President may still exercise this power. Hence. they may neither attempt to assume or be compelled to perform non-judicial functions. If the abolition/re-organization is done in good faith and not for political or personal reasons. while courts can determine questions of legality with respect to governmental action. and 2. Sandiganbayan Natural born citizen of the Philippines Sec. Thus. Note: The courts cannot be asked for advisory opinions. Sections 4-7.

THE SUPREME COURT Hearing of cases: En banc. and 8. Appeals from Sandiganbayan. to the President of TIFF are needed to see this picture. 5. 4-6. Instructions e. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. as an ex-officio member 4. 13. They cannot be disbarred while they hold office. Representative of the Integrated Bar 5. Proclamations c. or 7. 7. Sec. Appointments to the Judiciary President shall appoint from a list of at least 3 nominees for each vacancy. 6. All cases involving the constitutionality. as ex-officio chairman 2. Cases heard by a division where required majority of 3 was not obtained. No CA confirmation is needed for appointments to the Judiciary. Law. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy. Composition 1. Regular members serve for 4 years. 5. Treaty b. Administrative cases to discipline or dismiss judges of lower courts. probity and independence Sec. with staggered terms. or Divisions of 3. Presidential decrees b. Secretary of Justice. Ordinances. Page 44 of 125 . 8. TENURE/DISCIPLINARY POWERS OF SC 1. A retired member of the SC. Orders d. A. JUDICIAL AND BAR COUNCIL Under the supervision of the SC. application or operation of: (CODE: PPOIRO) a. integrity. Members of the Judiciary are NOT exempt from payment of income tax. Representative of Congress. A professor of law 6. 3. Cases required to be heard en banc: 1. Vacancies in lower courts should be filled within 90 QuickTime™ and a days from submission (Uncompressed) decompressor the JBC list. All cases involving constitutionality of a/an: (CODE: T I L) a. or b) They become incapacitated to discharge their duties.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 At least 15 years of experience as a judge or in the practice of law in the Philippines Member of the Philippine Bar Sec. and 7. International or executive agreement or c. and f. 10. Functions of JBC Principal function: recommend appointees to the Judiciary Exercise such other functions as the SC may assign to it. 2. All cases required to be heard en banc under the Rules of Court: 3. Other regulations. a) The age of 70 years old. Cannot be decreased during their continuance in office. as an ex-officio member 3. as prepared by the JBC. Sections. Chief Justice. Disciplinary action against judges of lower courts: Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts. SALARIES Salaries of SC Justices and judges of lower courts shall be fixed by law. Election contests for President and VicePresident. 11. Members of the SC and judges of the lower courts hold office during good behavior until. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein. 2. Only by IMPEACHMENT SC Justices can be removed. Regular members are appointed by the President with CA approval. Private sector representative NOTE: The last four are the regular members of the JBC. B. and from the Constitutional Commissions 4. Person of proven competence. C. but can be increased.

The protection and enforcement of constitutional rights. 3. unconstitutional. Order a change of are needed to seeplace of trial to avoid a venue or this picture. miscarriage of justice. instruction. 3) All cases in which the jurisdiction of any lower court is in issue 4) Criminal cases where the penalty imposed is reclusion perpetua or higher. subject to the appellate jurisdiction of the SC. Reached in consultation before being assigned to a member for the writing of the opinion. impost. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.e. 2) All cases involving the legality of any: tax.e. other public ministers and consuls. 2. treaty. assessment or any penalty imposed in relation thereto. i. Legal assistance to the underprivileged. direct injury as a result of its enforcement. and the Sandiganbayan). It should be uniform for all courts of the same grade 3. law.. An ACTUAL CASE calling for the exercise of judicial power 2. iv. Temporarily assign lower court judges to other stations in the public interest. Members of the SC who took no part. mandamus. ordinance. the government act must have had an adverse effect on the person challenging it. ordinance etc. 3. etc. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Cases heard by division 1. practice and procedure in all courts. only SC decisions are binding on all. international or executive agreement. or will sustain. 2. increase. Admission to the practice of law. or. Requisites: Code: [A R S E L] 1. Decisions of the Supreme Court: 1. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties. i. 6. The Integrated Bar. 4. Pleading. Exercise administrative supervision over ALL courts and the personnel thereof. presidential order. Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned. Promulgate rules concerning: i. and 5) All cases where ONLY errors or questions of law are involved. and v. QuickTime™ and a TIFF (Uncompressed) decompressor Page 45 of 125 . JUDICIAL REVIEW Definition Judicial Review is the power of the SC to declare a law. Only SC decisions are precedent. Powers of the SC ORIGINAL jurisdiction 1) Cases affecting ambassadors. Appoint ALL officials and employees of the Judiciary. 5. regulation. proclamation. 7. and habeas corpus. NOTE: This procedure shall also be observed by all lower collegiate courts (CA. APPELLATE jurisdiction over final judgments and orders in the following: 1) All cases involving the constitutionality or validity of any: treaty. The person challenging the governmental act must have ‘STANDING’. ii. a personal and substantial interest in the case such that he has sustained. stationed in the Philippines 2) Petitions for certiorari. quo warranto. CTA. 2. Lower courts may also exercise the power of judicial review. NOTE: This refers to foreign ambassadors. decree. in accordance with Civil Service Law. and thus. The question involved must be RIPE FOR ADJUDICATION. It should not diminish. Majority vote in a division should be at least 3 members. Limitations on Rule Making Power 1. or modify substantive rights. iii. 3. toll. prohibition. or who dissented or abstained must state the reasons therefore.

acquired under such law before it was declared unconstitutional. 4. Commission on Audit (COA) Safeguards that guarantee Independence of Commissions: 1. SC alone may order temporary detail of judges. 1. The chairmen and the members are given fairly a long term of office of 7 years. The Commissions may appoint their own officials and employees in accordance with Civil Service Law (Nachura. privilege granted by the government. p. The Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity. in any contract. SC can appoint all officials and employees of the Judiciary (Nachura. 10. These rules only apply to courts. 6. 3. 9. 9. SC has administrative supervision over all inferior courts and personnel. it is considered as an ‘operative fact’ which at that time had to be complied with. Commission on Elections (COMELEC) 3. appellate jurisdiction may not be increased without its advice or concurrence. Yorac. 14. Reviewer in Political Law. are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference. judiciary enjoys fiscal autonomy. Constitutional Commissions Independent Constitutional Commissions: 1. 3. Civil Service Commission (CSC) 2. 4. Page 46 of 125 .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. DECISIONS 1. during their tenure: 1. increase or modify substantive rights (though subject to disapproval by the SC. 5. which. Decisions MUST state clearly and distinctly the facts and the law on which they are based. 192 SCRA 358). The Commissions enjoy fiscal autonomy. Sec. Members of judiciary may not be designated to any agency performing a quasi-judicial or QuickTime™ and TIFF (Uncompressed) decompressor administrative functions. Memorandum decisions. these vested rights. Be financially interested. directly or indirectly. DISQUALIFICATIONS Disqualifications: Members cannot. Being a Constitutional body. Hold any other office or employment.). 5. and 4. 10. The question of Constitutionality must be raised in the first instance. Each is conferred certain powers and functions which cannot be reduced by statute. SC had exclusive power to discipline judges/ justices of inferior courts. franchise. The Chairmen and members may not be reappointed or appointed in an acting capacity (Brillantes v. 2. may not be abolished by statute. SC may not be deprived of minimum and appellate jurisdiction. Safeguards that guarantee Independence of the Judiciary: 1. 8. 199-200. are not prejudiced by the subsequent declaration that the law is unconstitutional. Thus. 2. where the appellate court adopts the findings of fact and law of the lower court. it may not be abolished by law.) ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS Sec. 5. Engage in the active management or control of any business. They are constitutionally created. picture. SC alone may initiate Rules of Court. p. 2. Members are only removable by impeachment. Each is expressly described as “independent” 3. The Chairmen and members cannot be removed except by impeachment. Engage in the practice of any profession. may be affected by the functions of their office. in any way. The salaries of the Chairmen and members are relatively high and may not be decreased during continuance in office. are needed to see this 8.\ 3. 2. Resolution of the issue of constitutionality is unavoidable or is the very lis mota Effect of a declaration of unconstitutionality: Prior to the declaration that a particular law is unconstitutional. Reviewer in Political Law. They do not apply to quasi-judicial or administrative bodies nor to military tribunals. Each Commission may promulgate its own procedural rules. 6. 7. 209) Sec. any of its subdivisions. or at the earliest opportunity. 7. 2. 11. and 11. Salaries of judges may not be reduced. provided they do not diminish. Members of the judiciary enjoy security of tenure.

and no one member can decide a case for the entire commission. GOCC's and their subsidiaries. QuickTime™ and a TIFF (Uncompressed) decompressor c. DECISION MAKING/APPEAL Decision-Making: 1. In proceedings before a court. NOT candidates for any elective position in the elections immediately preceding their appointment. 5. exercise JUDICIAL REVIEW Sec. b. orders or ruling of the CSC should be appealed to the CA under Rule 43. Scope: The Civil Service embraces all: 1. including pre-proclamation controversies are decided in division. c. 4. VIII Sec. no reappointment 3. it does not fall within the Civil Page 47 of 125 NOTE: The Ombudsman and his deputies are subject to the same qualifications. 2. Decisions. The SC may. 1 Commissioner has 5 years while another has 3 years) 2. 2. Power of SC a. As COLLEGIAL BODIES. SALARIES 1. Sec.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 agencies. No temporary appointments. 2. Appointment to vacancy: only for unexpired term of predecessor 4. the rules of the Commission prevail.1. 3. instrumentalities. Rules: The Commissions may promulgate their own rules EN BANC. The SC has are needed to see thisa majority decision held that picture. Appointees by the President to the CSC need Commission on Appointments (CA) confirmation Term: st 1. however. The Chairman cannot ratify a decision which would otherwise have been void). 6. each commission must act as one. In proceedings before the Commissions. Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. agencies of the government. Salaries are fixed by law and shall not be decreased during their TENURE. "With Original Charter" means that the GOCC was created by special law/by Congress b. At least 35 years old at the time of their appointments. Election cases. in appropriate cases. THE CIVIL SERVICE COMMISSION Sec. orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65." b. decided by a division of the COMELEC is a valid decision. 5(5).e. RULES OF PROCEDURE Procedures: 1. which are final. b. including GOCCs with original charters. 3. a. Sec. Commissioners – 2 commissioners Qualifications: 1. 4. subdivisions. Chairman 2. and 4. Sec. Decisions. 2. or appointments in acting capacity. the Rules of Court prevail. Diminish. branches. With proven capacity for public administration. 3. Increase. The SC may not. d. a. Enforcement: It has been held that the CSC can issue a writ of execution to enforce judgments. If incorporated under the Corporation Code. 2. Limitation: The rules shall not: a. Natural-born citizens of the Philippines. instrumentalities. 2. Incumbent members do not lose any salary. COMELEC may sit en banc or in 2 divisions. with motions for reconsideration filed to the COMELEC en banc. 7 years (except for the 1 appointees where the Chairman has 7 years. 7. Modify substantive rights. . COMPOSITION/QUALIFICATIONS/TERM Composition: 1. including Appeals: 1. 5. exercise the power to disapprove rules of "special courts and quasi-judicial bodies. Increases take effect IMMEDIATELY. 3. 3. 2. or c. Limitation: single term only. Decreases in salaries only affect those members appointed AFTER increase. (i. under Art.

3 kinds a. 2. NOT the administrative or legislative description given to it. it ceases to fall under CSC. Both types of positions are entitled to security of tenure. Competitive positions According to merit and fitness to be determined by competitive examinations. Entrance on bases on merit and fitness OTHER than usual to be determined as tests of merit and far as practicable by fitness. F. For "LEGAL CAUSE" .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Service. Next-In-Rank Rule While a person next in rank is entitled to preferential consideration. can be appointed. authority is not bound to appoint the person next in rank. 2. 2. Non-competitive positions 1.formulate a method of action for the government b. Security of tenure for Non-competitive positions a. Tenure (Classification of Positions) Career Service Non-Career Service 1.more than ordinary confidence. With opportunity for advancement to higher career positions. Entrance based 1. and no one else.Cause is: a. as long as the appointee is himself qualified. Jurisdiction is determined as of the time of filing the complaint. QuickTime™ and a TIFF (Uncompressed) decompressor 3. or c) Limited to the duration of a particular project for which purpose the employment was made. RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. Entitled to security 2. Appointments to civil service shall be: A. c. Policy-determining . The CSC cannot disapprove an appointment just because another person is better qualified. but merely the expiration of the term of office c. are needed to add qualifications other than those provided by law. c. They only differ in the MANNER in which they are filled. close intimacy insures freedom of intercourse without betrayals of personal trust. It guarantees both procedural and substantive due process. Tenure limited to: of tenure a) Period specified by law. The CSC CANNOT see this picture. and is not subject to the CSC jurisdiction. b. d. b) Coterminous with the appointing authority or subject to his pleasure. If previously government-controlled. it does not follow that only he. but is later privatized. Primarily confidential . Who may be appointed: 1. competitive examinations or based on highly technical qualifications.requires technical skill to a superior degree. B. Highly technical . related to and affects the administration of office. Non-career service officers and employees do not enjoy security of tenure. Such person has no vested right to the position and the appointing Page 48 of 125 . D. If there is GENUINE loss of confidence. C. there is no removal. and b. 2. or highly technical. No need for competitive examinations. E. Security of Tenure: 1. The TEST to determine whether non-competitive is the nature of the responsibilities. 3. as far as practicable except to positions which are policy-determining. Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. must be substantial (directly affects the rights & interests of the public) 3. primarily confidential. Primarily confidential officers and employees hold office only for so long as confidence in them remains.

Pensions and gratuities are NOT considered as additional. 3. authorize the appointment of an elective official. In good faith. VII. Even Congress cannot. (good faith is presumed) 2. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned. Not eligible for appointment or designation in ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure. One must be VALIDLY APPOINTED to enjoy security of tenure. Sec. one who is not appointed by the proper appointing authority does not acquire security of tenure. 4. Not in violation of law.e. Prohibitions: apply to elected or appointed officers and employees cannot receive: a. by law. Not protected by security of tenure . Cannot accept any present. and to mention the names of the candidates whom he supports. BUT: Allowed to express views on political issues. any subdivision. The Vice President may be appointed as a Cabinet member e. EXCEPTION: May hold ex officio positions. b. c. 13. Additional compensation: an extra reward given for the same office i. They are governed by the stricter prohibitions contained therein. 6-7. government or GOCC's or their subsidiaries b. Indirect Compensation 2. This exception DOES NOT APPLY to Cabinet members. EXCEPTION: Unless specifically authorized by law a. Examples: d. Period of disqualification: (1) year after such election. COMPENSATION 1. 2. bonus b. agency. and 3. Prohibition does not apply to department secretaries Right to organize The right to organize does NOT include the right to strike Sec. No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity 1. 3. 4. including GOCC's and their subsidiaries. 4. Cannot give campaign contributions or distribute campaign materials. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3. Cannot solicit votes in favor of a particular candidate. A Congressman may sit in the Judicial and Bar Council f. or indirect compensation. DISQUALIFICATIONS Disqualifications: 1. Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure. Elective officials a. b. Cannot hold any other office or employment in the government. b. the elected official must first resign from his office g. Thus. office. BUT: They can only be removed by the one who appointed them 3. double. emolument. or by the primary functions of his position. Not for political or personal reasons. Sec. this is considered an expiration of his term. Double compensation: when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer c. 8. abolition must be made: 1. and those officers mentioned in Art. EXCEPTION: Unless otherwise allowed by law. Losing candidatesQuickTime™ election in any and a TIFF (Uncompressed) decompressor a.can be removed anytime even without cause 2. Entitled only to such protection as may be provided by law. Cannot be appointed to any office in the are needed to see this picture. To be eligible to hold any other office. If they are separated. instrumentality.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. Appointive officials a. Temporary employees are covered by the following rules: 1. 2. Page 49 of 125 . Abolition of Office To be valid. title of any kind from foreign governments UNLESS with the consent of Congress.

are needed to initiative. including determination of the number and location of polling places. If it is a pre-proclamation controversy. and City officials Page 50 of 125 . except those involving the right to vote. knowledge. which requires the application of law. is in exercise of its judicial functions. the COMELEC exercises quasijudicial/administrative powers. iii. or appointments in acting capacity a. The choice of temporary chairman falls under the COMELEC’s discretion. legal procedure.3 yrs) 2. Exception: Appealable to the SC on questions of law. LIMITATION: Single term only: no reappointment allowed 3. i. referendum.” 6. 3. d. Decide.5 yrs. Provincial. 7 years (1 appointed: Chairman -7 yrs. returns. Elective barangay officials decided by trial courts of limited jurisdiction. including the Armed Forces of the Philippines. 1 Member .1. e. with the concurrence of the President. plebiscite. This is not an inherent power. including the Chairman must be: a.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 THE COMMISSION ON ELECTIONS Sec.COMPOSITION/QUALIFICATIONS/TERM Composition: (7) 1. 4. executory. NOTE: Questions involving the right to vote fall within the jurisdiction of the ordinary courts. At least 35 years old at the time of appointment 3. Regional. prohibition and mandamus in exercise of its appellate jurisdiction. 6 Commissioners Qualifications: 1. Members of the Philippines Bar b. peaceful. Exclusive original jurisdiction over all contests relating to the elections. Its jurisdiction over ‘contests’ (after proclamation). and not appealable. Not candidates for any elective position in the immediately preceding elections. 2 Members . law enforcement agencies and instrumentalities of the Government. Decisions. iii. and qualifications of all elective b. Sec. Natural-born citizens of the Philippines. for the exclusive purpose of ensuring free. see this picture. c. Engaged in the practice of law for at least 10 years: “any activity in or out of court. honest. and recall. and registration of voters. No temporary appointments. Elective municipal officials decided by trial courts of general jurisdiction ii. Deputize. Majority of the Commission. 3 Members . ii. 2. training and experience. orderly.7 yrs. the President cannot designate an incumbent commissioner as acting Chairman. or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final. 2. and credible elections. Ex: COMELEC can enjoin construction of public works within 45 days of an election. The COMELEC may issue writs of certiorari. Holders of college degrees. 1Chairman and 2. ii. It CANNOT exercise this in connection with its purely executive or ministerial functions. Thus. final orders. Exercise: a. 5. Appointment to a vacancy: only for unexpired portion of predecessor’s term 4. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. Appointments subject to CA approval Term: st 1. POWERS AND FUNCTIONS Powers: 1. Enforce and administer all laws and regulations relative to thea conduct of an QuickTime™ and TIFF (Uncompressed) decompressor election. b. Appellate jurisdiction over all contests involving: i. and 4. Contempt powers i. all questions affecting elections. 2. appointment of election officials and inspectors.

or disobedience to its directive. It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases. 6. a. or coalitions/accreditation of citizens’ arms of the Commission on Elections. in addition to other penalties that may be prescribed by law. prosecute cases of violations of election laws.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. offenses. 5. order. the COMELEC CAN ORDER IMMEDIATE EXECUTION OF ITS OWN JUDGMENTS. 166032). it is an additional ground for the cancellation of their registration with the Commission. Registration of political parties. must present their platform or program of government. COMELEC can sit en banc or in two divisions 2. 3. for violation or disregard of. b. media of communication or information. b. Sec. a. Groups which are supported by any foreign government such as financial contributions related to elections. and to prevent and penalize all forms of election frauds. including limitation of places where propaganda materials shall be posted. What can COMELEC supervise or regulate a. Election cases should be heard and decided in division. . investigate and. MAKING RULES OF PROCEDURE/ DECISION- Rules of Procedure 1. Preliminary investigation conducted by COMELEC is QuickTime™ and a valid TIFF (Uncompressed) decompressor are needed to see this picture. plebiscite. 9. 4. or recall. EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers. including pre-election controversies. malpractices. SUPERVISION/REGULATION OF FRANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises 1. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. If accepted. Groups which refuse to uphold and adhere to the Constitution iv. and nuisance candidacies. File. referendum. c. petitions in court for inclusion of exclusion of voters. or the imposition of any other disciplinary action. Groups which seek to achieve their goals through violence or unlawful means iii. The political parties etc. COMELEC (GR No. Grants. There should be sufficient publication c. b. b. Recommend to the President the removal of any officer or employee it has deputized. Submit to the President and the congress a comprehensive report on the conduct of each election. ”Decisions” mean resolutions on substantive issues. COMELEC can deputize prosecutors for this purpose. or decision. Recommend to the Congress effective measures to minimize election spending. or on its own initiative. Sec. The actions of the prosecutors are the actions of the COMELEC c. the Motion for Reconsideration here may be heard by the division. 8. Religious denominations/sects But not applicable to political parties with religious affiliation or which derive their principles from religious beliefs ii. 2. Decision-Making 1. initiative. However. upon a verified complaint. organizations. special privileges or concessions granted by the Government or any Page 51 of 125 7. a. motions for reconsideration of decisions should be decided by COMELEC en banc. b. NOTE: In Balajonda v. If a division dismisses a case for failure of counsel to appear. Applies to both criminal and administrative cases. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities. offenses and malpractices. including acts or omissions constituting elections frauds. This power is NOT limited to the election period. Groups which cannot be registered: i. where appropriate.

Sec. EXCEPTION: those registered under the party-list system Sec. Prohibition on block-voting 1. Poll Watchers Political parties. General rule: Block voting NOT allowed 2. COMELEC may not regulate media practitioners. No pardon. It informs the public of the party's existence and ideals. Registration confers juridical personality on the party. Discrimination includes unequal treatment in the availment of media facilities. 7.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 subdivision. Boards of election inspectors. Importance of registrationtoof a political party are needed see this picture. QuickTime™ and a TIFF (Uncompressed) decompressor Page 52 of 125 . COMELEC can fix a period. Applies not just to elections but also to plebiscites and referenda. Funds should be certified by the COMELEC as necessary. 3. COMELEC and the MEDIA 1. Sec. This section does not give candidates immunity from suit. Referendum: power of the electorate to approve or reject legislation through an election called for that purpose. Sec. plebiscites. 6. When can COMELEC exercise this power a. 10. A free and open PARTY SYSTEM Definition of “POLITICAL PARTY” Organized group of persons pursuing the same political ideals in a government and includes its branches. During the election period i. the election period commences 90 days before the day of the election and ends 30 days thereafter. In special cases. agency or instrumentality thereof. Other similar bodies. however. and regulations shall be granted by the President without the favorable recommendation of the Commission. 3. ii. Section 9. 2. Release of funds Once approved. are entitled to appoint poll watchers in accordance with law. 8. 3. 2. 1. or 4. or suspension of sentence for violation of election laws. Boards of canvassers. etc. including any GOCC or its subsidiary 2. 2. b. compel it to provide space after paying just compensation. 11. COMELEC cannot compel print media to donate free space to the COMELEC. 5. or coalition shall be valid. NOT individuals. Power of COMELEC is over franchises and permits. organization. Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections. initiative. amnesty. Sec. 2. No votes cast in favor of a political party. It may. referenda and recalls. rules. Plebiscite: Submission of constitutional amendments or important legislative measures to the people for ratification 4. parole. 1. and divisions. 2. organizations. For example. Voters’ registrations boards. funds should be released automatically upon certification by the Chairman of COMELEC. shall provided in the regular or special appropriations. Under Article XI. or coalitions registered under the party-list system shall NOT be represented in the following: 1. FUNDING How provided: 1. PARTY LIST SYSTEM No Right to be represented in Various Boards Political parties. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. for this would violate the freedom of expression. It identifies the party and its officers for purposes of regulation by the COMELEC. except for those registered under the party-list system as provided in this Constitution. Sec.

Commissioner2-3 yrs) 2. Term: st 1. POWERS 1. 4. commissions. and settle accounts pertaining to: a. b. Promulgate accounting and auditing rules (including those for the prevention of irregular…expenditures). or b. or unconscionable expenditures or uses of government funds and properties. no reappointment allowed 3. NOTE: 1. 2. 5. Commissioner1-5yrs. Members of Phil. as may be necessary. which may be adjusted simply by arithmetic process. directly or indirectly. To decide administrative cases involving expenditures of public funds. The functions of COA can be classified as: a. unnecessary. preserving vouchers and other supporting papers pertaining thereto. Revenue and receipts of funds or property. Constitutional bodies. Including GOCC’s with original charters.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 THE COMMISSION ON AUDIT Section1. COA does not have the power to fix the amount of an unfixed or undetermined debt. and offices granted fiscal autonomy. Qualifications: 1. Bar with 10 years of practice. Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and methods required therefor. LIMITATION: Single terms only. Keep the general accounts of the government. agencies or instrumentalities. CPA’s with at least 10 years auditing experience. 6. Must not have been candidates for any elective position in the elections immediately preceding their appointment. Autonomous state colleges and universities. Page 53 of 125 2. Either: a. d. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure. GOCC’s and their subsidiaries incorporated under the Corporation Code. Expenditures and uses of funds or property Owned or held in trust by. from or through the government. At least 35 years old at the time of their appointment. Examine and audit all forms of government revenues. COA may adopt measures.COMPOSITION/QUALIFICATIONS Composition: 1. Commissioners (2). b. and 2. 2. Promulgate accounting and auditing rules and regulations. and the adoption of internal rules of control. 3. audit. Any of its subdivisions. c. including temporary or special pre-audit. Members cannot all belong to the same profession. Including those for the prevention or disallowance of irregular. 3. Subject to confirmation of the CA. b. Examine. COA can settle only LIQUIDATED ACCOUNTS or those accounts. 4. COA has authority not just over accountable officers but also over other officers who perform functions related to accounting such as verification of evaluations and computation of fees collectible. 3. Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term Sec. which are required by law of the granting of institution to submit to such audit. Settle gov’t accounts d. 3. e. excessive. 6. Natural-born citizens of the Philippines 2. Chairman. or b. The Government. Examine and audit all forms of gov’t expenditures c. Non-governmental entities receiving subsidies or equity. 7 years (1 appointees) Chairman-7yrs. 2. 4. If COA finds internal control system of audited agencies as inadequate. a. Conduct post-audit with respect to the following: a. 5. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. or pertain to: 1. . extravagant.

and d. responsibilities. 3. and 4. ARTICLE X: LOCAL GOVERNMENT Sec. it cannot abolish an entire class of LGUs Sec.4. such as suspension for 120 days. 2. b. This power is limited to ensuring that lower officers exercise their functions in accordance with law. and may even remove them from their posts. a. c. Independent cities. and 2. however. allocate among the different local government units their powers. salaries. as attested by the proper officer. President may exercise disciplinary power over LGU officials. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever. Sec. These political subdivisions. and not by law. TIFF (Uncompressed) decompressor Cordillera ADMINISTRATIVE region] are needed to see this picture. Muslim Mindanao. NOTE: 1. and provide for the qualifications. election. 6. The President exercises GENERAL supervision over all LGUs 2. 3. 2. 7. 7. or any investment of public funds. 3. 5. COA has the power to determine the meaning of ‘public bidding’ and what constitutes failure when regulations require public bidding for the sale of government property. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES Page 54 of 125 . While Congress can abolish or eradicate individual units. Cordilleras [At QuickTime™ and ait is only the present. Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall.1. 4. from the jurisdiction of the Commission on Audit. Provinces b. A third autonomous region would require a constitutional amendment. and resources. 5. made by the proper officer. Sec. 3. Provinces 2. There is a law appropriating funds for a particular purpose. 3. and all other matters relating to the organization and operation of the local units. in accordance with law. Payment has been authorized by officials of the corresponding department or bureau. powers and functions and duties of local officials. Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. impose administrative sanctions against LGU officials. created by the Constitution can be replaced by AMENDMENT. Autonomous regions and c. Barangays There shall be Autonomous regions in: 1. and referendum. This does not mean that the LGUs are completely free from the central government. There is a contract. Cities. entered into in conformity with the above-mentioned law. The goods or services covered by such contract have been delivered or rendered in pursuance to such contract. Judiciary may still pass on LGU actions b. it becomes the ministerial duty of the COA to approve and pass in audit vouchers for payment: a. Municipalities. Where the following requirements are complied with.TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1. This is because COA’s interest in such accounts is merely administrative. SEC. Sec. Local Autonomy 1. The President may. 6. PRESIDENTIAL SUPERVISION OF LGUS Supervision of President 1. term. initiative. Cities and municipalities exercise DIRECT supervision over component barangays. appointment and removal. All political subdivisions shall enjoy local autonomy 2. The President exercises DIRECT supervision over a.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5. Provinces exercise DIRECT supervision over component cities and municipalities. The President cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law.

(Alvarez v. Forestry and fishery charges 4. 8. This is released. No elective official shall serve for more than 3 consecutive terms 2. 2. AS DETERMINED BY LAW. Mining taxes 2. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES. DILG Secretary iii. SEC. Requisites a. Urban poor b. fees and charges 5. 2. municipal or barangay treasurer. TERM OF OFFICE Term of Office Elective local officials. Other taxes. charges The taxes. abolition and division of LGU’s 1. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Ground: Unmanageable public section deficit b. The workers 3. fees and charges shall accrue exclusively to the local governments. are needed see conversion from one political subdivision to the next. Share in any co-production. FEES AND CHARGES ETC. 7. SHARE OF LGUS IN NATIONAL WEALTH Share of LGUs in national wealth 1. Compliance with the requirements of the Local Government Code. directly to the provincial. This should not be subject to any lien or holdback that may be imposed by the national government for whatever purpose. Adjustments in IRA a. It is subject to such guidelines and limitations as Congress may provide. Release is made on a quarterly basis within 5 days after the end of each quarter. Share of LGUs in national taxes is limited to the internal revenue taxes. Disabled persons d. The guidelines set by Congress should be consistent with the basic policy of local autonomy. President can make the necessary adjustments in the IRA upon the recommendation of the following: i. SECTORAL REPRESENTATION IN LGUS Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law There should be representatives from: 1. city. Royalties 3. now including barangay officials. 2. fees. 10. DBM Secretary 6. 9. Third sector (can choose from any of the following) a. joint venture or production sharing agreement in the utilization and development of the national wealth w/in their territorial jurisdiction SEC.-FOS LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from 1. Sec. Department of Finance Secretary ii. Limitations: 1. Limitations on Power 1. Creation.6. and Page 55 of 125 . 4. The women’s sector 2. Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development or infrastructure projects in accordance with local development plan 5. Internal Revenue Allotment (IRA) 1. LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas in the manner provided by law.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 OF REVENUE/LEVY TAXES. This includes sharing the same with the inhabitants by way of direct benefits. See Local Government Code for examples. without need of any further action. have a term of 3 years. 3. WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM. Accrual of taxes. IRA is included as part of the income of an LGU for purposes of compliance with the QuickTime™ and a TIFF (Uncompressed) decompressor income requirementto forthis picture. Under the LGC: CODE: MR. Indigenous cultural communities c. Guingona) Sec. Any other sector as may be determined by the sanggunian SEC.

Cultural heritage 3. Basic Autonomy of Component Cities and Municipalities The component cities and municipalities retain their basic autonomy. Page 56 of 125 Sec. LGC. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1. An LGU can: 1. Territorial integrity. AUTONOMOUS REGIONS Where: Muslim Mindanao and the Cordillera region Factors: 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. real estate. if a province is to be divided into 2 separate provinces. Component cities (cities still under provincial control). To accelerate the economic and social growth and development of the units in the region Sec. Other relevant characteristics within: 5. Sec. Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through MEMORANDA OF AGREEMENT. Only those Provinces. Historical heritage 2. They shall be entitled to their own local executive and legislative assemblies. equipment and other kinds of property 2. 13. Representatives of NGOS within the regions For Purpose of: 1. Component cities whose charter contains no such prohibition are still under the control of the province and its voters may still vote for elective provincial QuickTime™ and a officials. Regional heads of departments and other government offices 3. Coordination among LGUS Consolidation and Coordination of Efforts. Sec. Economic and social structures. TIFF (Uncompressed) decompressor are needed to see this picture. CITIES Classification of Cities: 1. SEC. 3. 14. Thus. and not just the area to comprise the new province. and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region. LGC requirements relate to matters such as POPULATION. Cities. 2. Creation: Provided BY LAW. 2. Congress may create special metropolitan political subdivisions by law. To strengthen local autonomy 3. . plebiscite will include voters of the ENTIRE province. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected. It can be done for purposes commonly beneficial to them in accordance with the law. EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast in a plebiscite held among the constituent units. and 3. 2. Services and Resources It is optional on the part of LGUs as shown by the use of the word “may”. 11. 12. REVENUE. The framework of the constitution 6. Contribute funds. 4. Highly urbanized cities and independent component cities are independent of the province. Highly urbanized (as determined by law) 2. It is subject to a plebiscite Jurisdiction of Metropolitan authority It is limited to basic services requiring coordination. National sovereignty 7. 15. Administrative decentralization 2. Local government officials 2. Independent component cities (non-highly urbanized cities whose voters are prohibited by the city charter from voting in provincial elections) Independence from the Province 1. Section 33 Consolidation and coordination may be done through appropriate ordinance wherein a PUBLIC HEARING should be conducted and the approval of the sanggunian obtained. and AREA requirements. Special Metropolitan political subdivisions Creation: 1.

urban. GENERAL SUPERVISION AUTONOMOUS REGIONS By Whom: Purpose: executed. 2. VP c. functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested in the National Government. 2) National defense and Security 3) Monetary Affairs Sec. OVER Public officers and employees must at all times be accountable to the people. Administrative organization. 3. Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region. Subject to the provisions of the Constitution and national laws QuickTime™ and a TIFF (Uncompressed) decompressor 2. act with patriotism and justice and lead modest lives. by law. Economic. other high crimes or e. NO AUTONOMOUS REGION is created. he can be charged with the appropriate offense. Culpable violation of the Constitution b. Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings. Personal. and 9. 7. add to the list of impeachable offenses. social. treason c. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: 1. Preservation and development of the cultural heritage. ARTICLE XI: OFFICERS of the national ACCOUNTABILITY OF PUBLIC Sec. Creation of sources of revenues. Sec. Filling of verified complaint. Procedure: 1. 17. Regional. betrayal of public trust f. Grounds (CODE: CT-GOBB) a. Who may be impeached: a. Ancestral domain and natural resources 4. Constitutional Commission members e. Limitations: 1. All Other Public Officers and Employees They may be removed from office as provided by law BUT: NOT by impeachment Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeachment. BUT AFTER an official has been impeached. These officers cannot be charged in court with offenses that have removal from office as penalty. Educational policies. 8. Ombudsman 2. family and property relations 5. Impeachment: (as means of removal from office) 1. Examples: 1) Foreign relations. bribery NOTE: It is an exclusive list. graft and corruption d. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY Peace and Order It shall be the responsibility of the local police agencies. serve them with utmost responsibility. Sec. 1: PUBLIC OFFICE AS A PUBLIC TRUST The President To ensure that the laws are faithfully Page 57 of 125 . integrity. All powers. 21. 16. President b. To be exercised seewithin its territorial are needed to this picture. Congress cannot. jurisdiction Sec. Can be filed by: Defense and Security It shall be the responsibility government.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 If only 1 province approved the law. since the constitution requires more than one province to constitute one (like what happened in the Cordillera plebiscite) The question of which LGUs shall constitute an autonomous region is one which is exclusively for Congress to decide. 6. SC Justices d. he can still be impeached. 20. 2: IMPEACHMENT/REMOVAL FROM OFFICE SEC. and rural planning development. and tourism development. loyalty and efficiency.

in any contract with or in any Page 58 of 125 . Visayas and Mindanao. Of recognized probity and independence 4. A judge or b. Disqualification neededhold this picture. When the President of the Philippines is on trial. 2005 451 SCRA 413. 4. Any citizen upon a resolution or endorsement by any Member of the House or c. Any member of the House of Representatives or b. Sections 5-6. Removal from office of the official concerned QuickTime™ and a TIFF (Uncompressed) decompressor 2. Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the functions of his office 3. 8. 3. However. he/she will not vote. in mandating the inclusion of “ presidents. OMBUDSMAN 8-14: OFFICE OF THE NOTE: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House. after hearing. and by a majority vote of ALL its members. Cannot be financially interested. For this purpose. has consistently refrained form making any distinction with respect to the manner of their creation clearly reveals its intention to include such officials of GOCCs with original charters and those organized and incorporated under the Corporation Code within the jurisdiction of the Sandiganbayan whenever they are involved in graft and corruption. Officer still liable to prosecution. the Senators shall be under oath or affirmation. the CJ of the Supreme Court presides. 2. By at least 1/3 of all the Members of the House of Representatives Inclusion of complaint in the order of business with 10 session days Referral to proper Committee within 3 session days thereafter Submission of Committee report to the House together with corresponding resolution The report should be submitted within 60 days from referral. Trial in the Senate shall proceed. Sandiganbayan. February 16. Composition: 1. Deputy for military establishment may be appointed Qualifications: (Ombudsman and his deputies) 1. are to to see any office under the Republic of the Philippines 3. 6. Cannot hold any other office or employment during his tenure 2. directly or indirectly. Member of the Philippine bar 5. or managers of government-owned and controlled corporations” within the jurisdiction of the Sandiganbayan. Engaged in the practice of law in the Philippines Disqualifications/Prohibitions (under Article IX. trial. 4. directors or trustees. Judgment of Conviction This requires the concurrence of 2/3 of all the Members of the Senate Effect of the Impeachment 1. and punishment if the impeachable offense committed also constitutes a felony or crime. 7.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. At least 40 years old at time of appointment 3. Must not have been candidate for any elective office in the immediately preceding election 6. Section 2) 1. Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof Vote of at least 1/3 of all Members of the House necessary to: a. For Ombudsman: He must have been for ten years or more a. Natural born citizen of the Philippines 2. it shall constitute the Articles of Impeachment. Overall deputy . 5. Ombudsman/Tanodbayan 2. To override its contrary resolution Sec. Affirm a favorable resolution with the Articles of Impeachment of the Committee or b. Ratio: The fact that legislature. SANDIGANBAYAN Sandiganbayan = the anti-graft court People v.at least one Deputy each for Luzon. Trial in the Senate Senate has the sole power to try and decide all cases of impeachment.

The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption. and ensure compliance therewith. a. Investigate on its own. e. and recommend his removal. suspension. The complaint need not be drawn up in the usual form. The Ombudsman does NOT himself prosecute cases against public officers or employees. b. a. 7 years with reappointment 2. agencies or instrumentalities. 3. or inefficient. censure. Appointments do NOT require confirmation 3. Their salaries cannot be decreased during their term of office. Powers. d. GOCC’s with original charters c. even if they are under the Supreme Court. b. The Ombudsman has PERSUASIVE POWER. and correct any abuse or impropriety in the performance of duties. upon complaint or at its own instance. By the Ombudsman 2. The Members have the rank of members of a Constitutional Commission 3. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office Rank/Salaries: 1. All vacancies shall be filled within 3 months after they occur. are investigation. in any appropriate case. But. 2. The Ombudsman has the rank of Chairman of a Constitutional Commission 2. including GOCCs or their subsidiaries Appointment: A. to perform and expedite any act of duty required by law. In accordance with Civil Service Law Term: (Ombudsman and deputies) 1. and report any irregularity to COA for appropriate action. the Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors. Functions and Duties of the Office of the Ombudsman 1. agency or instrumentality thereof. unjust. as well as of any government-owned or controlled corporation with original charter. c. The Government ii. any public official or employee of the government. Any subdivision. improper. Such may be delegated. B. this is not a penalty. Direct. c. Direct the officer concerned to take the appropriate action against a public official or employee at fault.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 franchise or privilege granted by the Government. Final say to prosecute still rests in the executive department. The public official or employee must be employed in: i. any of its subdivisions. In this regard. Request any government agency for assistance and information necessary in the discharge of its responsibilities. ANY illegal act may be investigated by the Ombudsman. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute. when such act or omission appears to be illegal. The power to investigate includes the power to impose preventive suspension. “INVESTIGATE” does not mean QuickTime™ and a TIFF (Uncompressed) decompressor preliminary needed to see this picture. and to Page 59 of 125 . or on complaint by any person. and subject to such limitations 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 of properties. employee. f. Vacancies will be filled from a list of 3 nominees 2. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. agency. or instrumentality thereof. The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or employee concerned. a. office or agency. or to stop. Of Ombudsman and deputies 1. Direct the officer concerned. demotion. or prosecution. b. 3. Of other officials and employees of the Office of the Ombudsman 1. fine. and may require that proper legal steps are taken by the officers concerned. or iii. any act or omission of any public official. or any subdivision. 4. prevent.

Any firm or entity in which they have controlling interest When prohibition applies: during their TENURE. When declaration shall be disclosed to the public: Page 60 of 125 Under the 1987 Constitution. or ii. NOTE: According to Jack. the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases. Determine the cause of inefficiency. Fiscal Autonomy: The Office of the Ombudsman enjoys fiscal autonomy. Loans b. Section 7: PROCECUTOR OFFICE OF THE SPECIAL Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription. Laches. The above mentioned officials cannot obtain. Members of the Cabinet 4. Members of Supreme Court 6. Scope of prohibition: 1. 2. mismanagement. Members of Congress 5. Their right to prosecute criminally these officials and employees may prescribe. In appropriate cases. Government owned or controlled banks. fraud and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency 7. pertinent records and documents. If the loan. agency or instrumentality including GOCCs and their subsidiaries. Section 16: PROHIBITION FINANCIAL TRANSACTIONS ON CERTAIN Coverage: This prohibition applies to: 1. etc. laches or estoppel. or any subdivision. red tape. the prohibition does not apply. Vice-President 3. the existing Tanodbayan became the Office of the Special Prosecutor Powers It will continue to function and exercise its powers as now or hereafter may be provided by law Exception: Powers conferred on the Office of the Ombudsman NOTE: The Office of the Special Prosecutor is subordinate to and acts QuickTime™ and a orders of the under the TIFF (Uncompressed) decompressor Ombudsman are needed to see this picture. Members of Constitutional Commissions Ombudsman 7.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 examine. a housing loan. Guarantees c. it should notify the complainants of the action taken and the result thereof. liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets. Public matters covered by its investigation when circumstances so warrant and with due process 6. Its approved annual appropriations should be automatically and regularly released. Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law NOTE: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or manner against public officials or employees of the government. . liabilities and net worth upon assumption of office and as often as required under the law. directly or indirectly for BUSINESS PURPOSES: a. Other forms of financial accommodation from: i. Estoppel The right of the State to recover properties unlawfully acquired by public officials and employees from them or from their nominees or transferees shall NOT be barred by prescription. if necessary. is NOT for business purpose. Section 17: Statements of assets. 5. President 2. e. Government owned or controlled financial institutions.g.

REGALIAN DOCTRINE Distinction between Imperium and Dominium Imperium: Government authority possessed by the State which is appropriately embraced in sovereignty. Vice-President 3.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 These declarations shall be disclosed to the public in a manner provided by law in the case of: 1. 2. Incumbent public officers and employees who seek either change in his citizenship. Bacolod City*. or to acquire immigrant status in another country shall be dealt with by law. 2005 Ratio: The transfer of the branch clerk of court to the office of the Provincial Prosecutor or the difficulty encountered by the legal researcher in studying some material points. shall be encouraged to broaden the base of their ownership. and prior to. Re: Report on the On-the-Spot Judicial Audit Conducted in the RTC Branches 45 & 53. 4. i. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural resources. period as mandated by the Constitution. It should be through industries that make full and efficient use of human and natural resources. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people. The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless they expressly waive their status as such NOTE: This renunciation must be some other than. and similar collective organizations. Other constitutional offices 8. 3. Justices of the Supreme Court 6. the loss of such citizenship means the loss of the office by the incumbent. the filling of the certificate of candidacy. Members of the Cabinet 4. Industries should also be competitive in both domestic and foreign markets. If Philippine citizenship is one of the qualifications to the office. 3. It should be based on sound agricultural development and agrarian reform 2. 467 SCRA 20. Chan v. Role of Private Enterprises Private enterprises. More equitable distribution of opportunities. including corporations. his being assigned in other salas with also heavy case load. and 4. 1. President 2. Scope: Page 61 of 125 . GOALS OF THE NATIONAL ECONOMY Three-fold goal: 2. Members of Constitutional Commissions 7. ARTICLE XII PATRIMONY – NATIONAL ECONOMY AND SEC. income and wealth. Section 2. Members of Congress 5.e. Lantion*. not to mention the fact that he has to traverse long distance by public utility buss and has to attend to some other additional assignments could constitute sufficient justification for his non-compliance with QuickTime™ andto decided cases his duty a TIFF (Uncompressed) decompressor within the 90-day are needed to see this picture. Expanding productivity. 468 SCRA 37. persons running for elective offices. Dominium: a. and other circumstances allegedly beyond her control does not absolve a judge from liability for failure to decide a case within the reglementary period. as the key to raising the quality of life for all. Officers of the armed forces with general or flag rank Section 18: Allegiance of public officers and employees Allegiance to the State and to the Constitution Change in Citizenship/Immigrant Status 1. b. The State shall promote industrialization and full employment 1. The capacity of the State to own and acquire property. heavy work load. cooperatives. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. August 25. The Election Code provides the rules with respect to non-incumbents. 2005 Ratio: A judge’s high case load. August 16.

In the agreements. They can only hold alienable lands of the public domain BY LEASE Page 62 of 125 . But as to FOREST AND NATIONAL PARKS. 3. by law. 5. Limitations regarding Alienable Lands of the Public Domain 1. Lands of the public domain: 2. The President should notify Congress of every contract under this provision within 30 days from its execution. Congress may. the State should promote the development and use of local scientific and technical resources. Fisheries. authorize small-scale utilization of natural resources by Filipino citizens 2. Shall be under the full control and supervision of the State 2. fishworkers are lakes. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO: 1. 6. Large-Scale Exploration. and 9. bays and lagoons. it is the Congress which has the sole power to reclassify. Development and Utilization of Natural Resources 1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large- Protection of Marine Wealth 1. petroleum. Other natural resources. Means a. 3. territorial sea & EEZ 2. coals. Flora and fauna. All sources of potential energy. The state may DIRECTLY UNDERTAKE such activities b. Sec. The State shall reserve its use and enjoyment exclusively to Filipino citizens. The beneficial use may be the measure and limit of the grant. Exception: Agricultural lands scale exploration etc. 2. 2. The State shall protect its marine wealth in its archipelagic waters. For private corporations or associations a. Exploration. In case of water rights/water supply/fisheries/industrial uses other than the development of water power 6. Wildlife. 8. Forests or timber. Classification is descriptive of the legal nature of the land and NOT what it looks like. and other mineral oils. Alienation of Natural Resources 1. resources 5. Under terms and conditions as may be provided by law. Management and service contracts are not allowed under this rule. Waters 3. Limitations: a. JOINT VENTURE OR PRODUCTION-SHARING arrangements with Filipino citizen or Corporation or association at least 60% of whose capital is owned by such citizens 3. Minerals. Agricultural lands may be further classified by law according to the uses to which they may be devoted. Congress may also authorize cooperative fish farming with priority given to subsistence QuickTime™ and a TIFF (Uncompressed) decompressor fishermen andneeded to see this picture. upon recommendation by the DENR. 7. Reclassification of PUBLIC (MINERAL AND AGRICULTURAL) lands exclusive prerogative of the Executive Department through the Office of the President. 3. Alienable lands of public domain 1. Period: It should not exceed 25 years. General Rule: All natural CANNOT be alienated 2. Development and Utilization of Minerals/Petroleum/Other Mineral Oils 1. petroleum. 4. Agricultural Forest/timber Mineral lands & National Parks NOTE: 1. of minerals. in the rivers.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The following are owned by the State: 1. These agreements should be in accordance with the general terms and conditions provided by law. The state may enter into COPRODUCTION. 2. renewable for not more than 25 years b. 2. 4. 4. Only agricultural lands are alienable. and other mineral oils. Thus. Small-scale Utilization of Natural Resources 1. 5. the fact that forest land is denuded does not mean it is no longer forest land. They should be based on the real contributions to economic growth and general welfare of the country.

and 3. For Filipino citizens a. ANCESTRAL LANDS QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. where an alien heir of a Filipino is the transferee of private land. the land becomes private property ipso jure without need of any judicial or other sanction. In intestate succession. c. even for religious purposes. Area: Lease cannot exceed 1. Can lease up to 500 hectares b. 5. Thus. b. exclusive. renewable for not more than 25 years c. and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years. a. A religious corporation controlled by nonFilipinos cannot acquire and own land. In this case.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. land can be used only for residential purposes. as long as they do not obtain possession thereof and do not bid in the foreclosure sale. Subject to national development policies and programs Page 63 of 125 . Open. In computing 30 years. Acquired from government by purchase or grant. 4. Land tenure is not indispensable to the free exercise of religious profession and worship. 3. Sec. Period: Cannot exceed 25 years. Can ACQUIRE not more than 12 hectares by purchase. Subject to Constitutional provisions b. Filipino citizenship is only required at the time the land is acquired. as soon as possible. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE LAND. Therefore: a. Private lands CAN only be transferred or conveyed to: a. It refers to lands which are considered as pertaining to a cultural region b. subject to limitation provided by law. iii. 2. ii. 2. homestead or grant Means by Which Lands of the Public Domain Become Private Land 1. Thereafter. Remedies to recover private disqualified aliens: 1. Sec. Escheat proceedings lands from Protection of Indigenous Cultural Communities 1. Hence. In determining ownership and extent of ancestral domain. Upon completion of the requisite period. Congress may use customary laws on property rights and relations. Congress shall provide measures to prohibit logging in endangered forest and Watershed areas for such period as it may determine. Congress shall. 2. Presumption is always that land belongs to the State. start from when land was converted to alienable land. determine by law. Aliens may be mortgagees of land. at least 60% of whose capital is owned by Filipino citizens Exceptions i. 4. PRIVATE LANDS General rule 1. Foreign states may acquire land but only for embassy and staff residence purposes. such as deep forests. Section 7. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial. This includes lands not yet occupied. Aliens may be lessees or usufructuaries of private lands b. “ANCESTRAL DOMAIN” a. the specific limits of forest lands and national parks.000 hectares NOTE: A corporation sole is treated like other private corporations for the purpose of acquiring public lands. he only acquires derivative title. loss of citizenship after acquiring the land does not deprive ownership. Corporations or associations incorporated in the Philippines. Possession since time immemorial leads to the presumption that the land was never part of public domain. 5. Filipino citizens b. The State protects the rights of indigenous cultural communities to their ancestral lands a. Restriction against aliens only applies to acquisition of ownership. marking clearly their boundaries on the ground. such forest lands and national parks shall be conserved and may not be increased or diminished. 3. except by law. not when it was still forest land d.

b. If the foreign shareholdings of a landholding corporation exceeds 40%. Filipino citizens or 2. The BOT grantee merely constructs the utility. To whom granted: 1. or Participation of Foreign Investors 1. Duration: Not more than 50 years 2. alteration. Article XII of the Constitution applies only to ownership of land – it does not extend to immovable or real property as defined in Article 415 of the Civil Code The agreement of co-shareholders to mutually grant the right of first refusal to each other. privileges a QuickTime™ and and concessions TIFF (Uncompressed) decompressor covering the national economy and patrimony. Alien still has the title (didn’t pass it on to one who is qualified) J. by itself. etc of private corporations through a general law. it is not the foreign stockholders’ ownership of the shares which is adversely affected but the capacity of the corporation to own land – that is. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. National Economy and Patrimony In the grant of rights. and thus subject to this provision. By incorporation under the general corporation law. January 31. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital. the are needed to see this picture. or repeal by Congress when the common good so requires. The former in pari delicto principle has been abandoned b. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s Public utility 1. This may be done when the national interest dictates. 2. Summit Holdings v. Special charters in the interest of the common good and subject to the test of economic viability. Court of Appeals. Congress may directly grant a legislative franchise. 11. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens. the corporation becomes disqualified to own land.FORMATION/ORGANIZATION/ REGULATION OF CORPORATIONS 1. 2. Sec. 2005 Ratio: The prohibition under Section 7. Franchise is NOT exclusive in character 3. Terms and conditions: 1. does not constitute a violation of the provisions of the Constitution limiting land ownership to Filipinos and Filipino Corporations. can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens. 2. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1.16. a Build-Operate-Transfer grantee is NOT a public utility. State shall give preference to QUALIFIED Filipinos.G. the undertaking must involve dealing directly with the public. 2. An action by the former Filipino owner to recover the land a. NATIONAL PATRIMONY/INVESTMENTS ECONOMY AND 2. GOCC’s They may be created by: a. It is the government which operates the public utility (operation separate from ownership). In order to be considered as a public utility. or such higher percentage as Congress may prescribe. Sec.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Page 64 of 125 . Thus. upon the recommendation of NEDA. Section 10. Franchise is granted under the condition that it is subject to amendment. Action for reversion under the Public Land Act 3. 450 SCRA 169. Private corporations Congress can only provide for the formation. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens. and it leases the same to the government. certain areas of investment. Power of Congress 1. Congress.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT 1. Temporary takeover or direction of operations: a. Conditions i. National emergency and ii. When the public interest requires b. May be used against privately owned public utilities or businesses affected with public interest. c. Duration of the takeover: period of emergency d. Takeover is subject to reasonable terms and conditons e. No need for just compensation because it is only temporary. 2. Nationalization of vital industries: a. Exercised in the interest of national welfare or defense b. Involves either: i. Establishment and operation of vital industries; or ii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated by the government. Section 19. MONOPOLIES transferees, with certain legal restrictions; and 4. Alien heirs as transferees in case of intestate succession. Filipino citizens only (natural persons) *But Congress may, by law, otherwise prescribe 1. Filipino citizens; or 2. Corporations incorporated in RP, and 100% Filipino owned 1. Filipino citizens; or 2. Corporations incorporated in RP, and 70% Filipino owned 1. Filipino citizens; or 2. Corporations incorporated in RP, and 60% Filipino owned EXCEPT: Schools established by religious groups and mission boards. Congress may, by law, increase Filipino requirements for ALL educational institutions Congress may, by law, reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher) certain investment areas.

Practice of ALL professions

Mass media

Advertising

Educational Institution

Other economic activities

1. The Constitution does NOT prohibit the existence of monopolies. 2. The State may either regulate or prohibit monopolies, when public interest so requires. 3. Combinations in restraint of trade or unfair competition are prohibited. Filipino citizenship or equity requirements: ACTIVITY CITIZENSHIP AND/OR EQUITY REQUIREMENTS Exploitation of natural 1. Filipino citizens; or resources 2. Corporations incorporated in RP, with 60% Filipino ownership QuickTime™ and a Operation of Public TIFF (Uncompressed) decompressor 1. Filipino citizens; or are needed to see this picture. Utilities 2. Corporations incorporated in RP, with 60% Filipino ownership Acquisition of alienable 1. Filipino citizens; or lands of the public 2. Corporations domain incorporated in RP, with 60% Filipino ownership 3. Former natural-born citizens of RP, as

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS Social Justice 1. Social justice in the Constitution is principally the embodiment of the principle that those who have less in life should have more in law. 2. The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only economic social justice but also political social justice. Principal activities in order to achieve social justice 1. Creation of more economic opportunities and more wealth; and 2. Closer regulation of the acquisition, ownership, use and disposition of property in

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Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
order to achieve a more equitable distribution of wealth and political power. Labor Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the Constitution, what rights are guaranteed, and what positive measures the state should take in order to enhance the welfare of labor. Right to organize and to hold peaceful concerted activities The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by law. Right to participate in the decision making process of employers The workers have the right to participate on matters affecting their rights and benefits, “as may be provided by law”. This participation can be through 1. collective bargaining agreements, 2. grievance machineries, 3. voluntary modes of settling disputes, and 4. conciliation proceedings mediated by government. Agrarian Reform Goals: Agrarian reform must aim at 1. efficient production, 2. a more equitable distribution of land which recognizes the right of farmers and regular farmworkers who are landless to own the land they till, and 3. a just share of other or seasonal farmworkers in the fruits of the land. CARL as an exercise of police power and power of eminent domain: To the extent that the law prescribes retention limits for landowners, there is an exercise of police power. But where it becomes necessary to deprive owners of their land in excess of the maximum allowed, there is compensable taking and therefore the exercise of eminent domain. Reach of agrarian reform to see this picture. are needed It extends not only to private agricultural lands, but also to “other natural resources,” even including the use and enjoyment of “communal marine and fishing resources” and “offshore fishing grounds”. The Commission on Human Rights Composition: 1. Chairman; and
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2. 4 members Qualifications: 1. Natural-born citizens of the Philippines; 2. Majority of the Commission must be members of the Philippine Bar; 3. Term of office, other qualifications and disabilities shall be provided by law; 4. The appointment of the CHR members is NOT subject to CA confirmation; and 5. The CHR is not of the same level as the COMELEC, CSC, or COA. Powers: 1. INVESTIGATE all forms of human rights violations involving civil or political rights a. Violations may be committed by public officers or by civilians or rebels. b. CHR cannot investigate violations of social rights. c. CHR has NO adjudicatory powers over cases involving human rights violations. d. They cannot investigate cases where no rights are violated. e. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights violation. 2. ADOPT operational guidelines and rules of procedure. 3. CITE FOR CONTEMPT for violations of its rules, in accordance with the Rules of Court. 4. PROVIDE APPROPRIATE LEGAL MEASURES for the protection of the human rights of all persons, within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. a. CHR can INITIATE COURT PROCEEDINGS on behalf of victims of human rights violations. b. They can RECOMMEND THE PROSECUTION of human rights violators, but it cannot itself prosecute these cases. c. BUT: The CHR CANNOT ISSUE RESTRAINING ORDERS OR INJUNCTIONS against alleged human rights violators. These must be obtained from the regular courts. 5. EXERCISE VISITORIAL POWERS over jails, prisons and other detention facilities. 6. ESTABLISH CONTINUING PROGRAMS FOR RESEARCH, education and information
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Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
in order to enhance respect for the primacy of human rights. RECOMMEND TO CONGRESS EFFECTIVE MEASURES to promote human rights and to provide compensation to victims of human rights violations or their families. MONITOR COMPLIANCE BY THE GOVERNMENT with international treaty obligations on human rights. GRANT IMMUNITY FROM PROSECUTION to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any CHR investigation. REQUEST ASSISTANCE from any department, bureau, office, or agency in the performance of its functions. APPOINT ITS OFFICERS and employers in accordance with law. Perform such OTHER FUNCTIONS AND DUTIES as may be provided for by law. medical school by requiring the applicants to take the NMAT. Free Education 1. The State shall maintain a system of free education in: a. Elementary level, and b. High school level. 2. Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion. Educational Institutions: I. Filipinization 1. Ownership: a. Filipino citizens, or b. Corporations incorporated in RP and 60% Filipino-owned. EXCEPT: Schools established by religious groups and mission boards. c. Congress may increase Filipino equity requirements in ALL educational institutions. 2. Control and Administration: a. Must be vested in Filipino citizens b. Refers to line positions, such as President, Dean, Principal, and Trustees c. Faculty members may be foreigners. 3. Student Population: GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment. EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise provided for by law for other foreign temporary residents. II. Tax Exemptions 1. Non-stock, non-profit educational institutions: a. All revenues and assets actually, directly and exclusively used for educational purposes are exempt from taxes and duties. b. This is self-executory. 2. Proprietary educational institutions, including cooperatives: a. Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment b. Requires an enabling statute c. Grants, endowments, donations and contributions actually, directly and exclusively used for educational purposes are exempt from taxes, subject to conditions prescribed by law.
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7.

8.

9.

10.

11. 12.

ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS Education Goals of the State: The State shall promote and protect: 1. The right to quality education at all levels; 2. The right to affordable and accessible education; and 3. Education that is relevant to the needs of people and society. Right to Education and Academic Freedom The right to education must be read in conjunction with the academic freedom of schools to require “fair, reasonable, and equitable admission requirements.” Power to Dismiss Students 1. Schools have the power to dismiss students, after due process, for disciplinary reasons. 2. Acts committed outside the school may also be a ground for disciplinary action if: a. It involves violations of school policies connected to school-sponsored activities; or QuickTime™ and a TIFF (Uncompressed) decompressor b. The misconducttoaffects the student’s are needed see this picture. status, or the good name or reputation of the school. Regulation of Right to Education The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter

With a sun and 3 stars c. Who may be admitted to study 2. Section 6. 2. negligence. or bad faith. and 4. BUT: If he acted pursuant to his official duties. 4. Page 68 of 125 . with the State as one of the defendants being compelled to interplead. white. and the suit is really one against the State. 3. The design may be changed constitutional amendment. c. subject to the adequate performance of their other academic duties. English. Full freedom in research and in the publication of the results. When faculty members speak or write in their capacity as citizens. Social interest of the community 5. Congress is free to determine what should be given budgetary priority in order to enable it to respond to the imperatives of national interest and for the attainment of other state policies or objectives. 2. or C. FLAG a. Faculty members a. or beyond the scope of his authority. 3. Red. Students They have the right to enjoy in school the guarantees of the Bill of Rights. and blue. NATIONAL ANTHEM. Suit is against a government official. This rule applies not only in favor of the Philippines but also in favor of foreign states. 3. Symbols of Nationality 1. by law. c. b. Educational Institutions Schools have the freedom to determine: a. b. When a public officer acts in bad faith. ARTICLE XVI . without malice. The rule likewise prohibits a person from filing for interpleader. by NOTE: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM. b. Who may teach. When considered a suit against the State a. The Republic is sued by name.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 III. What may be taught. Budgetary Priority: Education must be assigned the highest budgetary priority. he can be held personally liable for damages. and unless otherwise provided by law. Instructors are designated and approved by the proper religious authorities. Freedom in the classroom in discussing their subjects. NATIONAL SEAL. Regional languages are auxiliary to the official languages. and d. Suits against an un-incorporated government agency. b. adopt a new: A. How it shall be taught. State Immunity Suability of State 1. c. Religious Education in Public Schools Religion may be taught in public schools subject to the following requisites: QuickTime™ and a TIFF (Uncompressed) decompressor 1. WITHOUT ADDITIONAL COST TO THE GOVERNMENT. Congress may. Taught within regular class hours. Dominant police power of the State b. Language National language: Filipino Official Languages: Filipino. The State cannot be sued without its consent. Spanish and Arabic are promoted only on an optional and voluntary basis.GENERAL PROVISIONS Sections 1-2. BUT: This command is not absolute. 2. guardians. 4. then they are free from institutional censorship or discipline. ii. Academic Freedom 1. but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects. Limitations a. but is such that ultimate liability shall devolve on the government i. Section 3. b. NAME FOR THE COUNTRY. Express writtenneeded to seeby parents and are option this picture. he is not personally liable.

directly or indirectly. Military men cannot engage. Even if the case is decided against the State. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law. when the State conducts business operations through a GOCC. NOTE: difference between: i. they remain government funds and are not subject to garnishment. an award cannot be satisfied by writs of execution or garnishment against public funds. Examples: a. 5. then the money can be garnished. II.by right of sovereign power. 6. in any partisan political activity. including GOCCs or their subsidiaries. Rules regarding payment of Interests Government in Money Judgments against it: by GENERAL RULE: Government cannot be made to pay interests. 3. Consent to be sued is not equivalent to consent to liability: 1. This is becauseQuickTime™ and a they generally conduct TIFF (Uncompressed) decompressor proprietary businessseeoperations and have are needed to this picture. which creates liability against the State when it acts through a special agent. THE ARMED FORCES OF THE PHILIPPINES Composition: A citizen armed force Prohibitions and disqualifications: 1. UNLESS: The suit is entered into only to resist a claim. UNLESS: The operation is incidental to the performance of a governmental function (e. ARTICLE XVII. Thus. 2. a. A law creating a government body expressly providing that such body “may sue or be sued. Section 4. Erroneous collection of taxes.” b.AMENDMENTS OR REVISIONS DEFINITIONS: Page 69 of 125 .by right of economic or business relation =may be sued ii. 2. except to vote. arrastre services) b. Members of the AFP in active service cannot be appointed to a civilian position in the government. UNLESS: The contract is merely incidental to the performance of a governmental function. EXCEPTION: Where a law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation. Art. 2180 of the Civil Code. the latter can generally be sued.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Consent to be sued I. 2. The State enters into an operation that is essentially a business operation. which grant them a separate juridical personality. Whether the money is deposited by way of general or special deposit. Express consent: 1. Garnishment of government funds: GENERAL RULE: Not allowed. 2. the President may extend such tour of duty. The Fact that the State consented to being sued does not mean that the State will ultimately be held liable. The State enters into a private contract. Eminent domain. Where government agrees to pay interest pursuant to law. Jure Gestionis . The Chief of Staff: GENERAL RULE: Tour of duty: Not to exceed three years EXCEPTION: In times of war or other national emergency as declared by Congress. EXCEPTIONS: 1. or 3. The contract must be entered into by the proper officer and within the scope of his authority.= no implied consent. Jure Imperii .g. The State files suit against a private party. cannot be sued. The law expressly grants the authority to sue the State or any of its agencies. Suit against an incorporated government agency. Implied consent: 1. in the exercise of sovereign functions. charters. 4. 2. even if its charter contains no express “sue or be sued” clause.

Proposal of amendments: QuickTime™ and a Amendments may be proposed decompressor by: TIFF (Uncompressed) are needed to a this picture. The exercise of constituent power does not need the approval of the Chief Executive Legislative power 1. Money may be spent from the treasury only pursuant to an appropriation made by law.may supply such details. a. NOTE: 1. 2. Submission of the proposed amendments or revisions. COMELEC. Ratification. By a majority vote of all its members. The only reason Congress can exercise such power is that the Constitution has granted it such power. or ii. 1. as a constituent assembly and the ConCon have no power to appropriate money for their expenses. and 3. Congress may call a ConCon by a 2/3 vote of all its members. Three (3) steps necessary to give effect to amendments and revisions: 1. People’s Initiative a. acting as see constituent assembly. The power of Congress to propose amendments is NOT part of its ordinary legislative power. except when done by people through initiative and referendum. Every legislative district represented by at least 3% of the registered voters therein. b. Congress. by the people through initiative and referendum. calls for a ConCon but does not provide the details for the calling of such ConCon. e. The power to pass. Petition to propose such amendments must be signed be at least 12% of ALL registered voters. If Congress. Congress. It is exercised by Congress (by special constitutional conferment). 2. Since these constituent assemblies owe their Page 70 of 125 the exercise of legislative power ordinarily needs the approval of the Chief Executive. amendment by initiative and referendum must still await a valid law. Therefore. In other words. Constituent power 1. acting as a constituent assembly.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 AMENDMENT: an alteration of one or a few specific provisions of the Constitution. also through initiative and referendum. Constitutional Convention: . affecting the Constitution as a whole. How a Constitutional Convention may be called i. While the substance of the proposals made by each type of constituent assembly is not subject to judicial review. by the sovereign electorate 3. BUT: The manner of calling a ConCon is subject to judicial review. a. repeal or amend ordinary laws or statutes (as opposed to organic law) 2. A revision implies substantive change. b. the Initiative and Referendum law is insufficient. Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assembly. Limitation: It cannot be exercised more often than once every 5 years Defensor-Santiago v. Its main purpose is to improve specific provisions of the Constitution. Proposal of amendments or revisions by the proper constituent assembly. The changes brought about by amendments will not affect the other provisions of the Constitution. c. because the Constitution has provided for voting requirements. it is a political question. 127325 Requires implementing legislation: The Supreme Court held that RA 6735. c. 3. But in so doing. Congress may submit to the electorate the question of whether to call a ConCon or not.R. Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of Congress. REVISION: An examination of the entire Constitution to determine how and to what extent it should be altered. by a 3/4 vote of all its members. The power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal 2.exercising its ordinary legislative power . Congress . d. 2. the manner the proposals are made is subject to judicial review. by a Constitutional Convention or Commission. G. and ultimately. b. It is an ordinary power of Congress and of the people.

Thus. Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition's sufficiency. There cannot be a piece-meal ratification of amendments/revisions. Held in a plebiscite conducted under the election law.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 existence to the Constitution. this took place on February 2. Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly). Issues regarding ratification: The Constitution does not require that amendments and revisions be submitted to the people in a special election. 2. ARTICLE XVIII . All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single plebiscite. The determination of the conditions under which proposed amendments/revisions are submitted to the QuickTime™ and a TIFF (Uncompressed) decompressor people falls within theare needed to see this picture. Presidential proclamation is NOT required for effectivity of amendments/revisions. UNLESS the proposed amendments/revisions so provide. Whether the approved proposals were properly submitted to the people for ratification. Requisites of a valid ratification: 1. Supervised by the COMELEC. That legislative sphere. Proposal of Revisions By Congress. Where only franchised voters (registered) voters take part. Congress could have done better does not make the steps taken unconstitutional.TRANSITORY PROVISIONS Effectivity of the 1987 Constitution The 1987 Constitution took effect immediately upon its ratification. 1987. 3. Amendments proposed by the people via initiative: Valid when ratified by a MAJORITY of votes cast in a plebiscite. Examples of justiciable issues: a. and 3. the courts may determine whether the assembly has acted in accordance with the Constitution. Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions. According to the SC. b. they may be submitted for ratification simultaneously with a general election. upon a vote of 3/4 of its members By a constitutional convention Ratification Amendments and revisions proposed by Congress and/or by a ConCon: Valid when ratified by a MAJORITY of votes cast in a plebiscite. which was the day the Page 71 of 125 .

b.The word 'Publicist' means 'learned writer. treaties may be considered a direct source of Int'l law when concluded by a sizable no. State Practice has been uniform and extensive. exhaustion of local remedies 2. b. when applying int'l law. c.Principles common to most national systems of law. estoppel.' Learned writings. Q: What is 'INSTANT' CUSTOM? A: Customary law may emerge even within a relatively short period of time. the line between a Subject and Object of International is increasingly being blurred. NOTE: Even decisions of national courts.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PUBLIC INTERNATIONAL LAW THE NATURE OF INTERNATIONAL LAW International Law – Set of rules and principles that governs the relationships between States and other international actors which under Modern International Law includes International Organizations. with the birth of the ICC and Arbitration Courts. Divisions of International Law 1. 2. it can be a proper party in transactions involving the application of international law among members of the international community. Custom – General and consistent practice of states followed by them from a sense of legal obligation. Ex.An entity that has rights and responsibilities under international law. By an acknowledged authority in the field.State practice must be accompanied with the conviction that the State is legally obligated to do so by int'l law. ii. a treaty is evidence of custom). Transnational Corporations and Individuals. Generally. Secondary a. Judicial Decisions . Generally. are acceptable. Laws Of Peace.governs the normal relations of States 2.a subsidiary means for the determination of rules of law (e. Requisites for Highly Qualified Publicist 1.g..rules during periods of hostility 3. like judicial decisions. if within that period. General Principles Of Law . Primary QuickTime™ and a a. 2 Elements: i.A person or thing in respect of which rights are held and obligations assumed by the subject. 1. can be evidence of customary law. determining what rules of customary IL exist) that is acceptable so long as they correctly interpret and apply int'l law. it is not directly governed by the rules of international law. Treaty TIFF international conventions / (Uncompressed) decompressor are needed to see this picture. Fair and impartial representation of law. 2.rules governing States not involved in the hostilities SOURCES OF INTERNATIONAL LAW Article 38 of the Statute of the International Court of Justice (ICJ). Distinction between a subject and object of international law 1. and can also play a subsidiary role in developing new rules of law. indirectly through the instrumentality of an international agency. good faith. It comes about as a spontaneous activity of a great number of states supporting a specific line of action. both what states say and what they do are considered state practice. Laws Of War . NOTE: Given the trend in International Law today. of States. a treaty only binds the parties. Laws Of Neutrality. Page 72 of 125 . Teachings Of The Most Highly Qualified Publicists -. rules based on natural justice. Object . and is reflective of the will of the family of nations (in which case. Principles on diplomatic immunity have been developed by judgments of national courts. its rights are received. and its responsibilities imposed. and not through mere courtesy or comity. or because of humanitarian considerations. Subject . Ex. However. Opinio Juris . State Practice – a consistent and uniform external conduct of States.

2. Q: If not in writing. Rebus Sic Stantibus . Page 73 of 125 are of see this picture. if the treaty establishes a boundary b. (Art. Changes in effectivityAdjustment National Policy J of details carrying E 3.e. Pacta Sunt Servanda – All parties to a Treaty must comply with their Treaty Obligation in Good Faith. ratifying. 2. genocide. 1. Difference between Treaty and Executive Agreement TREATY EXECUTIVE AGREEMENT S [CODE: PCI] [CODE: TAAI] U 1. It can only be modified by a subsequent norm having the same character. and slavery Steps in treaty-making process: 1. If a treaty. Ratification. Exchange of Instruments of Ratification. Reservation A unilateral statement made by a State when signing. but it CANNOT escape LIABILITY it may incur as a result of such non-performance. uncompromising) norm of international law where no derogation may be permitted. such must be RATIFIED by the 2/3 of the Senate to become valid and effective (Art. if the 'fundamental change' is the result of a breach by the party invoking it of an obligation under the treaty or of any other obligation owed to any other party to the treaty. as a norm from which no derogation is permitted. is it still considered a treaty? A: Yes. prohibition against piracy.A party is not bound to perform a treaty if there has been a fundamental change of circumstances since the treaty was concluded. Rebus sic stantibus may not be invoked as a ground for terminating or withdrawing from a treaty: a. Negotiation. justifies the non-performance of a treaty obligation if the subsequent condition in relation to which the parties contracted has changed so materially and unexpectedly as to create a situation in which the exaction of performance would be unreasonable.. 4. conflicts with jus cogens. it is void. . Sec 21) Do not need to be ratified by the Senate b. Implementation of T treaties. statutes. Have Transitory B 2. c. Signature. prohibition against the unlawful use of force.a rule which has the status of a preemptory (i. approving or acceding to a treaty. iii. 5. 2. accepting. Examples: 1. 3. NOTE: A state can avoid PERFORMANCE if the treaty obligation collides with its Constitution.7. Vienna Convention on the Law of Treaties). Arrangements of character M temporary nature A 4. at the time of its conclusion. i. iv. Jus Cogens . Involve out well-established international C national policies and arrangements T traditions of a permanent 3. Described as the exception to the rule of pacta sunt servanda. Oral agreements between States are recognized as treaties under customary international law (but are extremely rare nowadays). ii.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 TREATIES A treaty is an International Agreement in written form concluded between States that may be embodied in one or more instrument. by the int'l community of States as a whole iii. and is governed by International Law. Elements: i. 2. absolute. Political Issues 1. T well-established E policies R R a t i f i c a t i o n While the Constitution vests the power to NEGOTIATE treaties with the President. Registration with UN. Principal Rules needed toInternational Connection to Treaties QuickTime™ and a TIFF (Uncompressed) decompressor Law in a. a norm accepted and recognized ii.

Hon. Extinction of one of parties. Occurrence of vital change of circumstances. because the two systems are mutually QuickTime™ and a exclusive. 2. It does not. INTERNATIONAL LAW AND MUNICIPAL LAW Effect of Municipal Law in International Law 2 Theories: 1. Accomplishment of purpose. domestic courts are bound to apply the local law. lose its character as international law. Monism – Monists have a unitary concept of law and see all law – including both international and municipal law – as an integral part of the same system. 2.rules of international law form part of the law of the land and no further legislative action is needed to make such rules applicable in the domestic sphere. IL regulates the relations of sovereign states. 2000) 2. may invalidate a treaty in conflict with it. TIFF (Uncompressed) decompressor a state. however. Thus. 8. as they regulate different subject matters. SUBJECTS OF INTERNATIONAL LAW State Elements of a state: Art. 18. Montevideo Convention: 1. Expiration of term. as the highest law of the land. only because it has been expressly incorporated by municipal law. a state may not plead its own law as an excuse for failure to comply with international law. national legislative enactments. Novation. a permanent population. government. 2. 2. 3. no conflict can ever arise between international and municipal law. 2 Views: 1. a. while municipal law regulates the internal affairs of a state. Municipal rule: When the conflict comes before a domestic court. The state must modify its laws to ensure fulfillment of its obligations under the treaty. the Constitution. Desistance of parties. a defined territory. Loss of subject matter. 5.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 whereby it purports to exclude or to modify the legal effects of certain provisions of the treaty in their application to that State. Fraud 3. (Secretary of Justice v. sec. and 10. Error of fact 2. Dualism – domestic and international law are independent of each other. Should a conflict arise between an international agreement and the Constitution. International rule: Before an international tribunal. 2. Germany is a monist state. international law must prevail. Corruption 4. the newly independent state is not bound to maintain in force. Duress 5. Only when so transformed will they become binding upon the State as part of its municipal law. but are not superior to. Thus. or become a party to. Doctrine Of Transformation . Jan. Voidance of treaty. unless the constitutional violation is manifest and concerns a rule of internal law of fundamental importance." b. Jus cogens Termination Of Treaty 1. 9. 7. if treaty is bipartite. Page 74 of 125 . it is If IL is applied within are needed to see this picture. Succession to treaties: the “Clean Slate” rule When one state ceases to exist and is succeeded by another on the same territory. Outbreak of war. The Philippines is a dualist state.the generally accepted rules of int'l law are not per se binding upon the State but must first be embodied in legislation enacted by the lawmaking body and so transformed into municipal law. 2. Invalidity of treaties: Grounds 1. Such is recognized in art. Impossibility of performance. as the Philippines "adopts the generally accepted principles of international law as part of the law of the land. If conflict exists between international law and municipal law. 1. Rules of international law are given equal standing with. 3. In case of conflict between international law and domestic law: 1. Lantion and Mark Jimenez. 4. Doctine Of Incorporation . any treaty although it may agree to be bound by treaties made by its predecessor. 6. the treaty would not be valid and operative as domestic law.

the integrity of the original State is not affected as what takes place is only a change in one of its elements. It refers to the supreme and uncontrollable power inherent in the State by which such State is governed. b. Succession Of Government 1. 3. the new government may reject the obligations of the old government if they are of a political complexion. c. Universal. capacity to enter into relations with other States Distinctions Between Sovereignty And Independence 1. 4. c. 2. The waters inside the lines are considered internal. Prescription It is a derivative mode of acquisition by which territory belonging to one state is transferred to the sovereignty of another state by reason of the adverse and uninterrupted possession thereof by the latter for a sufficiently long period of time.freedom of the State to manage its own affairs. sovereign. EXTERNAL. Cession It is a derivative mode of acquisition by which territory belonging to one state is transferred to the sovereignty of another state in accordance with an agreement between them. the new government inherits all rights and obligations of the old government. Territory 1. The allegiance of the inhabitants of the predecessor State is transferred to the successor State. 2 types of State Succession: a.takes place when a portion of the territory of a State loses part of its sovereignty by joining a confederation or becoming a protectorate or suzerainty. Principles Of State Succession 1.freedom of the State to direct its foreign affairs.takes place when a State is completely annexed by another. or is dismembered or dissolved. they should be respected. Subjugation It is a derivative mode of acquisition by which the territory of one state is conquered in the course of war and thereafter annexed and placed under sovereignty of the conquering state. b. The political laws of the predecessor State are automatically abrogated but the non-political laws are deemed continued unless expressly repealed or QuickTime™ and a TIFF to the institutions contrary (Uncompressed) decompressor of the new are needed to see this picture.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. the latter taking over the rights and some of the obligations of the former. the territorial sea is drawn from the low-water mark of the coast to the breadth claimed. In succession of government. b. or is created as a result of merger of 2 or more States. Normal baseline method Under this method. Methods used in defining the territorial sea 2. b. following its sinuosities and curvatures but excluding the internal waters in bays and gulfs. 2. 3. However. It has 2 aspects: a. d. Partial . Page 75 of 125 . 2. INDEPENDENCE is synonymous with external sovereignty. Effects of State Succession a. If effected by violence. Some modes of acquisition: a. Straight baseline method Straight lines are made to connect appropriate points on the coast without departing radically from its general direction. State Succession is the substitution of one State by another. If the obligations are the consequence of the routinary act of administration of the old government. Treaties entered into by the predecessor State are not considered binding on the successor State except those dealing with local rights and duties such as servitudes and boundaries. INTERNAL. b. SOVEREIGNTY is the broader term. Effects of a change in government: a. If effected by peaceful means. the new government inherits all the rights of the old government. the government. It is defined as the power of a State to manage its external affairs without direction or interference from another State. The public property of the predecessor State is acquired by the successor State but not the tort liability of the former.

Territoriality principle: The fundamental source of jurisdiction is sovereignty over territory. personal inviolability 2. and scientific relations. 5. ascertaining by all lawful means conditions and developments in receiving state and reporting thereon to government of sending state.right to send diplomatic representatives b. power to prescribe. breach of an international obligation b. 2. right of protection 4. MANDATED AND TRUST TERRITORIES – territories placed by the League of Nations under one or other of the victorious allies of WWI. Universality principle: Recognizes that certain offenses are so heinous and so widely condemned that any state. STATE RESPONSIBILITY 1. Some Incomplete Subjects Of International Law 1.exemption from local jurisdiction on the basis of international custom 5. Diplomatic bag. Types: a. extraterritoriality. NationalityTIFFprinciple:decompressor state has Every are needed to see this picture. inviolability of means of communication 7. 2. representing friendly governments at their request. Active. Diplomatic and Consular immunity 1. immunity of embassy and legation buildings 3. but is increasingly accepted as applied to terrorist and other organized attacks on a state’s nationals by reason of their nationality. negotiating with government of receiving state. jurisdiction over its nationals even when those nationals are outside the state. promoting friendly relations between sending and receiving states and developing their economic. 4. FEDERAL STATE – union of previously autonomous entities. 3. Because of an international wrong imputable to it. Elements of State Responsibility a. Types of State responsibility a.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RIGHT OF LEGATION 1. adjudicate. or to assassination of a state’s diplomatic representatives of other officials. the state will be responsible if it is shown that it participated in the act or omission complained of or was remiss in redressing the resultant wrong. and in some cases. The central organ will have personality in international law. exemption from taxes and personal services 6. attributability 3.right to receive diplomatic representatives Functions of Diplomatic Missions: representing sending state in receiving state. PROTECTORATES – dependent states which have control over their internal affairs but whose external affairs are controlled by another state. This principle has not been ordinarily accepted for ordinary torts or crimes. as long as that conduct is generally recognized as criminal by the states in the international community. Passive personality principle: A state may apply law – particularly criminal law – to an act committed outside its territory by a person not its national where the victim of the act was its national. but the extent of the international personality of the component entities can be a problem. if it captures the offender. and enforce rules for conduct within its territory. cultural. QuickTime™ and a (Uncompressed) 2. Passive. Direct responsibility-attaches to the state if the wrongful act/omission was effected through any of its superior organs acting on its behalf Page 76 of 125 . though not necessarily exclusive. 3. It is the right of a state to maintain diplomatic relations with other states. protecting in receiving state interests of sending state and its nationals. It is the doctrine which holds a state responsible for any injury sustained by an alien within its jurisdiction.immune from search PRINCIPLES OF JURISDICTION OF STATES 1. may prosecute and punish that person on behalf of the world community regardless of the nationality of the offender or victim or where the crime was committed. A state has absolute. 2. Protective principle: A state may exercise jurisdiction over conduct outside its territory that threatens its security.

. for punishment. Basis of Extradition: a treaty. INQUIRY . SETTLEMENT OF DISPUTES AMICABLE METHODS 1. state organs ii. Outside of treaty.One country cuts of all diplomatic ties with another. b. As distinguished from mediation.a fugitive who is extradited may be tried only for the crime specified in the request for extradition and such crime is included in the list of extraditable offenses in the treaty.Acts of the following are attributable to the state: i. SEVERANCE (OF DIPLOMATIC RELATIONS). protests and warnings) have failed. 4.an investigation of the points in question with the view that this will contribute to the solution of the problem 3.an act which would normally be illegal but which is rendered legal by a prior illegal act committed by the State against which the reprisal is directed. impartial tribunal usually created by the parties themselves under a charter known as the compromis.assassination of head of state or any member of his family is not regarded as political offense for purposes of extradition. by previous agreement.Preventing the ingress to and egress from a country of commercial and other goods. c. 2. Such may be done. Also for the crime of genocide. individuals have no standing to bring a claim before international law). SPECIAL TOPICS Extradition 1. Suggestions of mediator are merely persuasive 5. as a gesture of comity. RETORSION . ARBITRATION. NAVAL BLOCKADE.: cutting off economic aid (this is lawful because there is no legal obligation to provide economic aid). Reprisals may be used only when other means of redress (e. other persons exercising elements of governmental authority in the absence or default of the official authorities and in circumstances calling for the exercise of those elements of authority iii. There can only be extradition if there is a treaty between the states. binding on the parties HOSTILE/NON-AMICABLE METHODS 1. 2. however.method by which a 3rd party attempts to bring the disputing states together in order that they may be able to discuss the issues in contention. refusal by a state to undertake commercial transactions with another state. NEGOTIATION. GOOD OFFICES . Suggestions of conciliator are also not binding.process by which the QuickTime™ and a solution ofTIFF (Uncompressed) decompressor a dispute is entrusted to an are needed to see this picture. most extradition treaties provide that political and religious offenders are not subject to extradition. 4. there is no rule in international law compelling a State to extradite anyone. REPRISAL .discussion by the parties of their respective claims and counterclaims with a view to the just and orderly adjustment. the services of the conciliator were solicited by the parties in dispute.is a lawful act which is designed to injure the wrongdoing State.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Indirect responsibility. CONCILIATION. Principle of Specialty . 2.Blocking the ports of a country with naval forces. He must be represented in the int'l Claim for damages by his own state (ordinarily. The injured alien must first exhaust all local remedies b. The proceedings are essentially judicial and the award is. 3. if already convicted. it is a form of retaliation against the prior illegal act. Page 77 of 125 Ex. EXTRADITION is the surrender of a person by one state to another state where he is wanted for prosecution or.3rd party actively participates in the discussion in order to reconcile the conflicting claims. EMBARGO. insurrectional or other movement which becomes the new government 4. MEDIATION.g. 3. 6.3rd party also actively participates in order to settle the conflict. Conditions for the enforcement of the doctrine of state responsibility a. 6. Attentant Clause. Under the Political offense exception. as a sign of protest/hostility. Principles: a. 5.

ECONOMIC AND SOCIAL COUNCIL . # 139465. The constitutional prohibition applies to penal laws only. is private respondent entitled to the two basic due process rights of notice and hearing? HELD: Private respondent is bereft of the right to notice and hearing during the evaluation stage of the extradition process. GENERAL ASSEMBLY Composition: All members of the UN (as of 1996: 185 member States) Function: The GA may discuss any question or matter within the scope of the Charter or relating to the powers and functions of any other organ. RTC issues summons or warrant of arrest to compel the appearance of the individual. and then proceed to veto any draft resolution dealing with that question. d. Pending evaluation of the extradition documents by the Philippine government. It is not a criminal proceeding which will call into operation all the rights of an accused guaranteed . It is also vested with jurisdiction over matters concerning internal machinery and operations of the UN. 5 Permanent Members (China. The process of extradition does not involve the determination of the guilt or innocence of an accused. 2. HON. 2000. Q: What is the "double veto"? A: In all non-procedural matters. a permanent member may exercise a 'double veto' when it vetoes any attempt to treat a question as procedural. decision forwarded to DFA through the DOJ. SECRETARIAT . When there is a conflict between international law obligations and the Constitution. Is he right? A: No. There is NO deprivation of the right to due process.a Security Council decision is ineffective if even one permanent member votes against it. DOJ files petition for extradition with RTC.R. X argued the extradition would violate the prohibition against ex post facto laws. Q: The Philippines entered into an extradition treaty with another country which provided that it would apply crimes committed before its effectivity. are needed to see this picture. 10 non-permanent: elected for 2 year terms by the General Assembly. DFA forwards request to DOJ c. Oct. 1. United Nations Organs 1. France. the prospective extraditee may be provisionally arrested pending the submission of the request. g. His guilt or innocence will be adjudged in the court of the state where he will be extradited. The country asked the Philippines to extradite X for a crime committed before the effectivity of the treaty. Request through diplomatic representative with: b.CHIEF ADMINISTRATIVE ORGAN OF THE UN 2. Dissent (original decision): Under the extradition treaty. The Secetary of Justice denied that request. 18. Individual placed at the disposal of the authorities of requesting state-costs and expenses t be shouldered by requesting state. However. Thus. UK. each permanent member is given a 'veto' . h. (Wright v. appeal to CA within 10 days whose decision shall be final and executory. SECURITY COUNCIL Composition: 15 members: a. the Constitutional right to procedural due process must override treaty obligations. PROCEDURE FOR EXTRADITION: (Judicial and diplomatic process of request and surrender) PD 1069 a. Russia) b. LANTION AND MARK JIMENEZ (G. Assuming that the extradition treaty does not allow for such rights. CA. Function: the maintenance of international peace and security. US. hearing (provide counsel de officio if necessary) f. e. The veto does not ordinarily apply to Procedural matters.organ charged with promoting social progress and better standards of life in larger freedom Page 78 of 125 ISSUE: During the evaluation stage of the extradition proceedings. the Constitution must prevail. Extradition is a proceeding sui generis. The extradition treaty is not a penal law. by the Bill of Rights. and partakes of the nature of a criminal investigation. 17. the basic due process rights of notice and hearing are indispensable. overturning the Court’s previous decision in 322 SCRA 160 dated Jan. 235 SCRA 341) SECRETARY OF JUSTICE V. Because of this possible consequence. the evaluation process is akin to an administrative agency conducting an investigative proceeding.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. Jimenez requested for copies of the US' extradition QuickTime™ and a TIFF (Uncompressed) decompressor request. the US requested for the extradition of Mark Jimenez for violations of US tax and election laws. 2000) By virtue of an extradition treaty between the US and the Philippines.

2. b. previous decisions have no binding force. would constitute breach of international obligation. a State may declare in advance that they recognize the jurisdiction of the Court as compulsory ipso facto and without need of special agreement. is granted to are needed to see foreign States only in respect of their governmental acts (acts jure imperii). in all legal disputes concerning: a. In the Philippines. such contracts are placed not under any single system of municipal law.collective self. The reason for concluding these so-called internationalized contracts is to establish a balance between the parties and prevent the State party from evading its obligations under the contract by changing its own internal law. territorial integrity or political independence of another state. the interpretation of a treaty. INTERNATIONAL COURT OF JUSTICE . however. Such may take the form of a special agreement between States to submit an existing dispute before the Court (i. and waiver from an individual does not bind his State. under customary international law the doctrine of absolute state immunity applied.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3.. not in respect of their commercial acts (acts jure gestionis). State Immunity (Jure Imperii And Jure Gestionis) Originally.as used in international law means the use of armed force by a state against the sovereignty. Occasionally. Nowadays. immunity decompressor qualified immunity -. "Optional Clause" of the ICJ: As a rule.e. However. Diplomatic Immunity Diplomatic Immunity is a principle of customary international law that grants immunity to diplomatic representatives. In general.judicial organ of the UN. as the right to diplomatic protection is a right which belongs to a State. but under international law. 4. agreements between States and foreign corporations contain stipulations as to which national legal system governs the contract. however.organ charged with administration of Int'l Trusteeship System.(Uncompressed) this picture. immunity is claimed by request of the foreign state for endorsement by the Department of Foreign Affairs. the rule is to adopt a doctrine of QuickTime™ and a TIFF that is. compromis). International Contracts Usually. the Court always takes past decisions into account.defense 2. Use Of Force 1. STARE DECISIS does not apply to the ICJ. functions. ICJ Statute). Types: • direct • indirect. TRUSTEESHIP COUNCIL . if established. in case of powerful multinational companies. the ICJ can operate only on the basis of the consent of States to its jurisdiction. in order to uphold their dignity as representatives of their respective states and to allow them free and unhampered exercise of their Page 79 of 125 . Requirement of proportionality in the use of force 3. nature or extent of reparation to be made for breach of international obligation. Under the statute of the Court. 36(2).ideological agression Calvo Clause It is a provision inserted in contracts. and d. Aggression. Under Article 2(4) of the UN Charter. in relation to any other State accepting the same obligation. general principles of law. International Courts have disregarded such clauses. existence of any fact which. in practice. or in army other manner inconsistent with the charter of the UN. covering all areas of State activity and recognizing only very narrow exceptions. in which the foreigner agrees in advance not to seek the diplomatic protection of his national State. all member States are bound to refrain from the threat or use of force against the territorial integrity or political independence of a State. any question of international law c. or the provisions of the contract itself. Recognized exceptions: a) self-defense b) military action taken or authorized by the UN or competent Regional organizations (such as NATO). This is mostly secured by an arbitration clause referring disputes under the agreement to an international body. under the 'optional clause' (art. The determination by the executive department is considered a political question that is conclusive upon Philippine Courts. The international court of justice 1.

ICJ Statute]. to be treated humanely. 10. and there shall be free access to all areas of celestial bodies. unless all parties agree thereto [art. allowed to communicate with their families 4. repatriation for sick and wounded (1949 Geneva Convention) Page 80 of 125 . Principle of Military Necessity. including the moon and other celestial bodies. When astronauts make such a landing. and money. 2. receive food. by means of use or occupation. RIGHTS OF PRISONERS OF WAR 1. including the moon and other celestial bodies. 38(2). BASIC PRINCIPLES OF WAR: 1. 4. on a basis of equality and in accordance with international law.equity overrides all other rules of law. Outer Space 1. shall be carried out for the benefit and in the interests of all countries. Q: Who has standing before the ICJ? A: Only States may be parties in contentious proceedings before the ICJ (art 34. bare minimum of information. keep personal belongings 7. 5. Outer space. establishment of an informed bureau.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. and states party to the Treaty on the Exploration and Use of Outer Space shall render to them all possible assistance in the event of accident.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Q: What does it mean to decide a case EX AEQUO ET BONO? A: It is to rule in justice and fairness -. WAR Armed contention between public forces of states or other belligerent communities implying employment o QuickTime™ and a TIFF force between parties(Uncompressed) decompressor parties for of force between are needed to see this picture. proper burial.prohibits use of any measure that is not absolutely necessary for purposes of war. 3. medicine. group according to nationality. 3. or emergency landing on the territory of another State party or on the high seas.belligerents may employ any amount and kind of force to compel complete submission of enemy with least possible loss of lives. and shall be the province of all mankind. 8. 6. 9. shall be free from exploration and use by all States without discrimination of any kind. 2. not subject to torture. clothing religious articles. Principle of Humanity. principle of Chivalry. and 3. including the moon and other celestial bodies. purpose of imposing their respective demands upon each other. time. ICJ Statute). or by any other means. irrespective of their degree of economic or scientific development. they shall be safely and promptly returned to the State of registry on their space vehicle. distress. 2. The exploration and use of outer space. is not subject to national appropriation by claim of sovereignty. Outer space. The ICJ has no power to decide a case ex aequo et bono. Astronauts are envoys of mankind in outer space.

which must be determined by law. Thus. 11 (2)). 15) TIFF (Uncompressed) decompressor What are the States-parties’ obligations under the are needed to see this picture. 9& 10) 4. 19) 17. c. conscience. Right to a fair. Freedom of movement and the right to travel (art. 16) 14. ESCR imposes three different types of obligations: a. To fulfill. 2) 3. Right of self-determination (Art. Freedom of thought. Right to privacy (art. To respect. and Cultural Rights ( ICESCR) What are the rights guaranteed by the Covenant? 1. Freedom from ex post fact laws (art. It is the first comprehensive international human rights instrument. Right to marry and found a family (art. 7) 6. public order and the general welfare in a democratic society. 21) 18. To protect. Rights may not be exercised contrary to the purposes and principles of the UN. Thus.requires to refrain from interfering with enjoyment of rights. 23) Page 81 of 125 . and religion (art. social. 15) 13. towards the progressive realization of the rights in the covenant. Right to be treated with humanity in cases of deprivation of liberty (art. failure to ensure compliance by private employers with basic labor standards violates the right to work.requires states to prevent violations by third parties. Specific Obligations under Article 2 To take steps ti the maximum available resources. LAW ON HUMAN RIGHTS UNIVERSAL DECLARATION OF HUMAN RIGHTS What is the Universal Declaration of Human Rights (UDHR)? The UDHR is the basic international statement of the inalienable and inviolable rights of human beings. 12) 11. 14) 12. (Article 29 of the UDHR) International Covenant on Economic. Right of recognition everywhere as a person before the law (art. Right to education (Arts. 1) 2. 3) 4. 11 (1) 5. 6. Freedom from torture or cruel. Right of the peoples to self-determination (art. Freedom of expression (art. Three General duties/ obligations of states: Just like the ICCPR and other human rights conventions. Cultural rights (Art. 8) 7. 7. Social. Freedom of peaceful assembly (art. there is violation if it engages in forced eviction. and (b) economic. Covenant? 1. Non-discrimination. the exercise of these rights and freedoms may be subject to certain limitations. inhuman or degrading punishment (art. 22) 19. Are these rights subject to limitations? Yes.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 11. Right to Social Security and other social rights (Arts. 11) 10. International Covenant on Civil and Political Rights (ICCPR) What are some of the civil and political rights recognized under the ICCPR? 1. 8) 3. (b) right to adequate food (Art. only for the purpose of securing due recognition and respect for the rights of others and of the meeting the just requirements of morality. Right to life (art. Equal rights of men and women in the enjoyment of civil and political rights/ nopndiscrimination on the basis of sex (Art. Thus. 11 (1)). 11 (1). 18) 16. Right to an effective remedy (art. impartial and public trial (art. b. the states’ failure to provide essential primary health care to the needy amounts to a violation. 2 [2]). and cultural rights. 11 (1)) including: (a) right to adequate housing (Art. 6) 5.states guarantee the exercise of the rights without discrimination (Art. Right to liberty and security of person (art.requires states to take appropriate measures (legislative. 17) 15. 10) 9. (c) Right to adequate clothing (Art. What are the rights covered by the UDHR? The UDHR proclaims two broad category of rights: (a) civil and political rights. 9) 8. judicial etc. 13 &14) 7. Adequate standard of living (Art. Freedom of association (art. Right to work and accompanying rights thereto (Arts. Freedom from imprisonment for failure to fulfill a contractual obligation (art. QuickTime™ and a 2. 1) 2. Freedom from slavery (art. 12) 6. Right to health (Art.) towards the full realization of the rights.

Right to life (art.not prejudiced by marriage to a foreigner (art. Right to equal protection before the law (art. Superiority of either men or women (art. 7) 3. Right of recognition everywhere as a person before the law (art. ICCPR) What are the Non-derogable rights under the ICCPR? Even in times of national emergency. Guarantee of Economic. refrain from any act or practice which is discriminatory against women (includes public authorities and institutions) (art. adopt temporary special measures to address de fact inequality of men and women (art. to profess and prtactice their religion and to use their own language. 11) 5. no derogation can be made from the following: 1. Legal Measures (de jure) 1. adopt appropriate legislation to suppress all forms of traffic in women and exploitation and prostitution of women. Administrative Measures (de facto) 1. or any other field. a name and nationality (art. and religion (art. and practices (art. 15) 6. 8) 4. Freedom from imprisonment for failure to fulfill a contractual obligation (art. 2 [b]. (Art. What are the State Obligations of State-Parties under CEDAW? Arts. conscience. modify the social and cultural patterns of conduct of men and women to eliminate practices based on the idea of inferiority. equal rights with men as regards freedom of movement and choice of domicile/ residence (art.16 enumerate the Obligations of StateParties I. colour. 24) 21. social cultural. irrespective or their marital status. regulations. 2 [d]) 2. 6) 2. change. Right to participation. 9 [2]) 4. inhuman or degrading punishment (art. 1 defines Discrimination against Women as “ any are needed to see this picture. Freedom from slavery (art. religion or social origin. Freedom of thought. 9 [1]) 3. 6) II.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 20. or restriction made of the basis of sex which has the effect or purpose or impairing or nullifying the recognition. equal rights with men as regards nationality of children (art. Freedom from torture or cruel. 5 [a]) 4. Right of minorities to enjoy their own culture. 5 [b]) What are some Civil and Political Rights under CEDAW. Social and Cultural Rights under CEDAW which are unique to women? 1. 16) 7. which includes legislation to modify. adopt apprpriate legislative and other measures prohibiting all discrimination against women. suffrage. 2. ICCPR) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) What does discrimination against women cover? QuickTime™ and a TIFF (Uncompressed) decompressor Art. 2[a]) 2. economic. 25) 22. abolish. the States Parties to the present Covenant to the extent strictly required by the exigencies of the situation. 4 (1). When can a State Party derogate from the ICCPR? A state party to the ICCPR may derogate from the treaty “in time of oublic emergency which threatens the life of the nation and the existence of which is officially proclaimed. [f] and [g]) 3. or repeal discriminatory laws. 15 [4]) What are some Economic. embody principle of equality of men and women in the national constitution and other apprpriate laws (art. distinction. 4 [1]) 3. on a basis of equality of men and women. for the purpose of guaranteeing exercise and enjoyment of Human Rights on the basis of equality with men (art. 3) 4. exclusion. civil. language. Right of a child to protection. customs. Guarantee of civil and political rights 2.” (Art. which are unique to women? 1. enjoyment or exercise by women. Freedom from ex post fact laws (art. 26) 23. adopt appropriate legislation to ensure full development and advancement of women. 18) (Art. Social and Cultural rights Page 82 of 125 . 4 (2). sex. and access to public service (art. provided that such measures are not inconsistent with their obligations under international law and do not involve discrimination solely on the ground of race. of human rights and fundamental freedoms in the political. right to acquire. educate family as to proper social function of maternity and common responsibility in rearing children (art. and retain nationality.

equal rights and responsibilities as parents. right to services in connection with pregnancy. 8. prohibition against dismissals due to marriage. 12) 7. pregnancy or maternity leave. revision of textbooks. and access to information on health and well-being of families. equal rights with men as regards education (Art. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 11) 4. including advice of family planning. to freely decide number of children and access to information and education to be able to exercise these rights. Page 83 of 125 . equal rights with men as regards employment (art. programmes and teaching methods.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. special protection to pregnant women as regards type of work. right to enter into marriage. reduction of female student dropouts. 5. equal access with men as regards health services. 6. adequate nutrition during pregnancy and lactation and confinement and the post natal period (art. 10) elimination of stereotyped concept of roles of man and women through coeducation. 3. to freely choose a spouse and to enter into marriage only with free and full consent. promotion of child-care facilities.

The law must offer a sufficient standard to specify the limits of the delegate’s authority. Determinative Powers [DEEDS] 1. SUFFICIENT STANDARD test. any delegation that occurs is UNDUE DELEGATION of legislative powers. LEGISLATIVE power involves the discretion to determine what the law QuickTime™ and a TIFF (Uncompressed) decompressor shall be. Quasi-legislative power / Power of subordinate legislation 2. cannot defeat/ derogate the purpose of the statute 4. 2. but is exercised by a person other than a judge. a rule or regulation must be uniform in operation. . This means that the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers) 4. ENABLING powers Page 84 of 125 . QUASI-legislative power only are needed to see this picture. Tests of Delegation (applies to the power to promulgate administrative regulations) 1. NOTE: These two must CONCUR. it will have nothing to do but to enforce it. supplant. 2. COMPLETENESS test. modify. Ministerial.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ADMINISTRATIVE LAW Sources of power of administrative agencies: charter or statute constitution Powers of Administrative Agencies As to their nature: 1. announce the legislative policy and specify the conditions under which it is to be implemented. morals and public policy Limitations on the exercise of quasilegislative power 1. it must be within the limits of the powers granted to Administrative agencies 2. involves the discretion to determine how the law shall be enforced. reasonable and not unfair or discriminatory Definition of “QUASI-JUDICIAL POWER” It is the power of administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. De Leon is of the opinion that it is separate and distinct. or limit the terms of the statute 5. QUASI-legislative power CAN be delegated. If one or both are absent.nothing is left to discretion. Investigatory power (although some authors include this as part of quasijudicial power. according to the dictates of their own judgment/conscience 2. not merely incidental) Note: the failure to exercise such powers granted to them does not forfeit or extinguish them As to the degree of subjective choice: 1. alter. engaging in profession) regulation or exercise of police power to protect general welfare. Quasi-judicial power/Power of adjudication 3.It partakes of the judicial. enlarge. LEGISLATIVE power CANNOT be delegated. may not amend. Discretionary. cannot make rules or regulations which are inconsistent with the provisions of the Constitution or statute 3. Distinctions between Quasi-legislative power and legislative power 1.the power or right conferred upon them by law to act officially under the circumstances. a duty performed in response to what has been imposed by law Definition of "QUASI-LEGISLATIVE POWER" It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy. Exceptions to the rule requiring standards or guides handling of state property or funds when the law does not involve personal or property rights matters of internal administration power of the board to make recommendation matters involving privileges (like use of property.

if the regulation is in effect a settlement of a controversy between specific parties. statements and testimony of witnesses. The exertion if not expressly provided for by law must be done QuickTime™ and a TIFF (Uncompressed) decompressor through judicial process. Kinds of Administrative Regulations DISTINC TIONS 1. and must. Ex. Abatement of nuisance. 4. reparations under public utility laws. 2. classification and fact finding 3. levy of property of delinquent taxpayers 5. SUMMARY powers Those that apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant authorizing such action. DIRECTING powers Those that involve the corrective powers of public utility commissions. are needed to see this picture. or require the disclosure of information by means of accounts. 4. reports. Power to appoint a receiver. Its difference from licensing power is that dispensing power sanctions a deviation from a standard. Ex. Need for Previous Notice and Hearing 1. Issuance of licenses to engage in a particular business 2. records. It refers to the right to. Capacity that administrati ve agency is acting in 2. What administrati ve agency is doing 3. power to issue injunctions Definition of “INVESTIGATORY POWER” The power to inspect. When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. requiring notice and hearing. It must be promulgated in accordance with the prescribed procedure. It says what the statute means Merely persuasive/ Received by the courts with much respect but not accorded with finality Requisites of a Valid Administrative Regulation 1. 3. Page 85 of 125 .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful without government approval. powers of assessment under the revenue laws. 2. It must be reasonable. or authority to relieve from an affirmative duty. Force and effect LEGISLATIVE Legislative INTERPRE TATIVE Judicial It supplements the statute by filling in the details Legislative regulations have the force and effect of law immediately upon going into effect. and awards under workmen’s compensation laws. it is considered an administrative adjudication. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. And. Exceptions: a. etc. b. secure. usually without notice and hearing. It must be within the scope of the authority given by the legislature. EQUITABLE powers Those that pertain to the power to determine the law upon a particular state of facts. Ex. DISPENSING powers Exemplified by the authority to exempt from or relax a general prohibition. Neither do they have the inherent power to punish a person who fails to appear before them for contempt in the absence of any statutory provision granting the same. Administrative agencies do not have the inherent power to require the attendance of witnesses but has the power to require the production of books. Its promulgation must be authorized by the legislature. and powers of abstract determination such as definitionvaluation. Such is accorded by the courts or by express provision of statute. consider and make proper application of the rules of equity. summary restraint.

Tuvera) Special Requisites of a Valid Administrative Regulation with a PENAL sanction 1. 6. 1. The law itself must make violation of the administrative regulation punishable. and the reason for the decision rendered. Administrative regulations of GENERAL application. Right was previously offered but not claimed 4. its power and duties CANNOT be exercised by the members individually. prior notice and hearing is REQUIRED. 2. in all controversial questions. When an admin agency acts as a collegiate body. Summary abatement of a nuisance per se 5. 2. 2. or at least contained in the record and disclosed to the parties affected. Preventive suspension of a public servant facing administrative charges 6. The decision must be based on facts and law. Requirement of Publication Administrative Regulations that MUST be published: 1. 3. The evidence must be substantial. NOTE: The rule requiring an admin officer to exercise his own judgment and discretion DOES NOT preclude him from utilizing the aid of his subordinates in the hearing and reception of evidence. Exceptions to the Notice and Hearing Requirement: 1. LEGISLATIVE If the rules/rates are meant to apply to all enterprises of a given kind throughout the country. which includes the right to present one’s case and submit evidence in support thereof. Tentativeness of the administrative action 3. 7. Urgency of immediate action 2. The decision must be rendered on the evidence presented at the hearing. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate in arriving at a decision. prior notice and hearing is NOT required. (Tanada v. Replacement of a temporary or acting appointee Doctrine REVIEW of RIPENESS FOR JUDICIAL Requirements of Procedural Due Process in Administrative Proceedings Page 86 of 125 . The tribunal must consider the evidence presented. Due process 1. 5. Padlocking of filthy restaurants/theaters showing obscene movies 7. 2. Requisites for Proper Exercise of QuasiQuickTime™ and a TIFF (Uncompressed) decompressor Judicial Power are needed to see this picture. Cancellation of a passport of a person sought for criminal prosecution 8. 4. 3. INTERNAL RULES AND REGULATIONS governing the personnel of the administrative agency. Administrative regulations which are PENAL in nature. based upon a finding of fact. The right to a hearing. Jurisdiction 2. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates. The regulation must be published. When the law specifically requires notice and hearing Administrative regulations that DO NOT NEED to be published: 1. Summary proceedings of levy upon properties of a delinquent taxpayer 9.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Prescribing of Rates It can be either: 1. The law itself must impose and specify the penalty for the violation of the regulation. INTERPRETATIVE regulations 2. render its decision in such a manner that the parties to the proceeding can know the various issues involved. QUASI-JUDICIAL If the rules and rates imposed apply exclusively to a particular party. The board or body should. 3. 3.

Exceptions: 1. when plaintiff is harmed by the vagueness of the statute Questions Reviewable on Judicial Review: 1. Order made in excess of power Doctrine of PRIMARY JURISDICTION 1. Doctrine of FINALITY General Rule: Courts are reluctant to interfere QuickTime™ and a TIFF (Uncompressed) decompressor with actions of an administrative agency prior to are needed to see this picture. 6. It may be appealed even against legislative prohibition because the judiciary cannot be deprived of its inherent power to review all decisions on questions of law. 3. courts should refrain from disturbing the findings of administrative bodies in deference to the doctrine of separation of powers. Interlocutory order affecting the merits of a controversy. Order not reviewable in any other way. specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved. expertise. 2. Courts cannot or will not determine a controversy. NOTE: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable. 4. 5. its completion or finality. which under a regulatory scheme are within the special competence of an administrative agency. when a party is immediately confronted with the problem of complying or violating a statute and there is a risk of criminal penalties d. resort to the courts is necessary for enforcement.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. 3. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court. This determines the point at which courts may review admin action. if there is no provision. power has not been fully and finally exercised. when the interest of the plaintiff is subjected to or imminently threatened with substantial injury b. Essential to the protection of the rights asserted from the injury threatened. Absent a final order or decision. to enable the administrative superiors to correct the errors committed by their subordinates. Doctrine of EXHAUSTION OF ADMINISTRATIVE REMEDIES General Rule: An administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review. if the statute is self-executory c. courts should not be saddled with the review of administrative cases. Questions of LAW Administrative decision may be appealed to the courts independently of legislative permission. judicial review of administrative cases is usually effected through special civil actions which are available only if there is no other plain. Application: a. Doctrine of PRIOR RESORT When a claim originally cognizable in the courts involves issues. Officer assumes to act in violation of the Constitution and other laws. despite the matter is within the proper jurisdiction of a court. 2. judicial proceedings will be suspended pending the referral of these issues to the administrative body for its view. the courts ordinarily accord respect if not finality to factual findings of administrative tribunals. Questions of FACT General Rule: Courts will not disturb the findings of administrative agencies acting within the parameters of their own competence. Enforcement of admin determinations/ decisions Must be in accordance with the manner prescribed by the statute. By reason of their special knowledge. 2. 2. NOTE: The premature invocation of a court’s intervention is fatal to one’s cause of action Reasons: 1. Preserve status quo pending further action by the administrative agency. and experience. 2. 4. and there can usually be no irreparable harm. Page 87 of 125 . Or. speedy and adequate remedy. Exception: If such findings are NOT supported by substantial evidence. which requires the expertise.

454 SCRA 10 (March 28. respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY – ALTER EGO DOCTRINE) Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. 458 SCRA 59 (May 6. when strong public interest is involved 9. Caayon . concurrent 12. SCRA 196 (March are needed to see 2005) Ratio: • Unjustified failure to comment on an administrative complaint constitutes gross misconduct and insubordination. • The laudable intentions regarding the creation of the MMDA are limited by its enabling law which the Court can but interpret – MMDA’s efforts must be authorized by a valid law. or ordinance. 2005) Ratio: In cases where the decision rendered by a bureau or office is appealable to the Civil Service Commission. when the subject of controversy is private land 10. 2005) Ratio: • Civil Service Commission Resolution No. the same may initially be appealed to the Department and finally to the Commission. and that all its functions are legislative in nature. long-continued and unreasonable delay 14. Hontanosas. Garin. 456 SCRA 176 (April 15. as well as the administration and implementation of all traffic enforcement operations. 99-1936 classifies simple neglect of duty as a less grave offense and imposes the penalty of suspension of 1 month and 1 day to 6 months for the first offense. MMDA v. when no administrative review is provided 15. when irreparable damage is involved 7. decompressor Lim v. when the question raised is purely legal. when there is no other plain. utter disregard of due process 13. Tudtud v. 7924 does not grant the MMDA with the police power. when the administrative body is in estoppel 3. adequate remedy 8. let alone the legislative power. 470 SCRA 218 (September 20. 454TIFF (Uncompressed) this picture. in quo warranto proceedings 11. as that which written motions to be heard. when act complained of is patently illegal 4.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Exceptions: 1. speedy . QuickTime™ and a Bagano v.460 SCRA 399 (June 21. when there is urgent need for judicial intervention 5. when the administrative remedy is permissive. when claim/ amount involved is small 6. Mendoza v National Police Commission . 2005) Ratio: • Only where there is a traffic law or regulation validly enacted by legislature or those agencies to whom legislative powers have been delegated that the MMDA may confiscate and suspend or revoke driver’s licenses in the exercise of its mandate of transport and traffic management. 2005) Ratio: • The prescription provided for in RA 3019 does not apply in administrative cases – administrative offenses do not prescribe. Concerned Taxpayer v Doblada*. • Republic Act No. not knowing about it constitutes gross ignorance of the law even in the absence of malicious intent. involves constitutional questions 2. traffic engineering services and traffic education programs. Page 88 of 125 . 2005) Ratio: • When the law or rule is so elementary. or regulation arising from a legitimate source. 31.Dumlao.

Creation etc. An assumption of corporate powers An attack on Legal Existence A quo warranto proceeding brought by the State is the proper remedy. LGC) Corporate existence commences upon the election and qualification of its chief executive and a majority of members of the Sanggunian unless some other time is fixed by the law or ordinance creating it. Any other political subdivision (A barangay may also be created by law. Population 3. Requisites for the Incorporation Municipal Corporation CODE: Te Po C 1. Charter of a Requisites of a De Facto Municipal Corporation 1. A corporate name by which the artificial personality or legal entity is known and in which all corporate acts are done 3. Municipality b. performing functions not strictly governmental or political b. division. Every LGU created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such. It exercises by delegation a part of the sovereignty of the State 2. Income b. Population c. Governmental a. The municipal corporation acts as an agent of the State for the government of the territory and the inhabitants within the municipal limits b. as a CORPORATE ENTITY representing the inhabitants of its territory. Local Autonomy Local autonomy can be considered a measure of decentralization of the functions of Page 89 of 125 . Private/proprietary a. Territory 2. Province b. Beginning of Corporate Existence ( §14. An attempt in good faith to organize under it 3. A valid law authorizing incorporation 2. By law enacted by Congress a. merger. should be approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Inhabitants constituting the population who are invested with the political and corporate powers which are executed through duly constituted officers and agents 4. Land Area Plebiscite Requirement It applies to the creation. Creation of Local Government Units (LGUs) Authority to Create LGUs (§ 6. (Corporation Code) Elements of a municipal corporation 1. A legal creation or incorporation 2. abolition or substantial alteration of boundaries of LGU. By ordinance passed by Sangguniang Panlalawigan /Panlungsod For barangay located within its territorial jurisdiction Indicators for creation/conversion a. A colorable compliance with the law 4. See §386) 2. Note: Local Government Code §15. Dual nature of municipal corporations 1. it shall exercise powers as a POLITICAL QuickTime™ and a TIFF national government and SUBDIVISION of the (Uncompressed) decompressor are needed to see this picture. Those exercised for the special benefit and advantage of the community. A place or territory within which the local civil government and corporate functions are exercised.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 LAW ON PUBLIC CORPORATION Definition of public corporation It is formed or organized for the government of a portion of the State. It should be commenced within 5 years from the time the act complained of was committed. It acts in a similar category as a business corporation. City c. LGC) 1.

good order etc. Valid and definite OFFER TO PAY which was NOT accepted. Under the principle of local autonomy and decentralization. Devolution It refers to the act by which the national government confers power and authority upon the various LGUs to perform specific functions and responsibilities. to the local levels. ORDINANCE authorizing the local chief executive to subject a certain property to expropriation 2. Payment of JUST COMPENSATION 4. he cannot interfere with the local governments QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2. promote prosperity. To make the units more responsive and accountable c. the President exercises direct supervision over provinces. To ensure the full development of LGUs into self-reliant communities d. Decentralization It is the devolution of national administration. He also exercises indirect supervision over barangays through the city or municipality concerned. Police Power Police power is not inherent in municipal corporations. Under the LGC (§25). Purposes a. Control It means the power of an officer to alter or modify or nullify or set aside what a subordinate officer has done in the performance of his/her duties and to substitute the judgment of the former for that of the latter. 3. Thus. not to the central government. Role of Supervising Local Government Unit It can only declare the ordinance invalid on the sole ground that it is beyond the power of the Page 90 of 125 .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 government. The second branch is more independent of the specific functions of the council. LGC). the President only has the power of supervision over LGUS. Involves the abdication of political power in favor of LGUs declared to be autonomous 2. To relieve the national government from the burden of managing local affairs Political Autonomy 1. LGUs have more powers. It is considered mandatory under the LGC. In relation to LGUS. not power. It would amount to self-immolation because the autonomous government would become accountable to its constituency. as long as they act within the scope of their authority. responsibilities and resources. in which local officials remain accountable to the central government in the manner the law may provide. To break the monopoly of the national government over managing local affairs e. In relation to LGUs. Eminent Domain and Reclassification of Land Requisites for Valid Exercise [CODE: OPJO] 1. improve morals. It authorizes ordinances as are necessary and proper to provide for the health and safety. it is Congress which exercises control over them. authority. Under the LGC. Expropriation should be for a PUBLIC USE/PURPOSE or for the WELFARE of the POOR/LANDLESS. Distinction between Supervision and Control Supervision It means the overseeing or the power or authority of an officer to see that the subordinate officers perform their duties. LGUs exercise police power under the general welfare clause (See § 16) Branches of the general welfare clause One branch relates to such ordinances and regulations as may be necessary to carry into effect and discharge the powers and duties conferred upon the municipal council by law. To broaden the local power base b. He exercises indirect supervision over component cities and municipalities through the provinces. (§ 17. Levels of Decentralization Administrative Autonomy 1. The central government delegates administrative powers to the political subdivisions. highly urbanized cities and independent component cities. peace.

Grounds TIFF (Uncompressed) decompressor are needed to see this picture. (Moday v. Review by Higher/Supervising Council 1. their power must yield to a legislative act. Veto power of local chief executive. CA. Appropriations ordinance ii. Entered into by proper department. To exercise such other powers as are granted to corporations. Taxation Power to tax of LGUs is now pursuant to direct authority conferred by the 1987 Constitution. To enter into contracts 6. 1997) Role of National Government The approval of the national government is not required of local governments to exercise the power of eminent domain. 3. Item veto i. Role of Judiciary 1. in case entered into by local chief executive on behalf of LGU. or agent. must comply with substantive requirements. To have and use a corporate seal 4. implied or inherent power to enter into a particular contract. Grounds for Reclassification 1. 2. To acquire and convey real or personal property 5. committee. To have continuous succession in its corporate name 2. 5. (§ 55) QuickTime™ and a a. Prejudicial to public welfare b. LGU has express. subject to limitations in LGC/other laws. Ordinance directing the payment of money or creating liability. Feb. Ordinance/resolution adopting local development plan and public investment program iii. When the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture.A. the higher council can also rule that it is inconsistent with law or city/municipal ordinances. prior authorization by Sanggunian concerned is needed 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. Hence. board. i. Legislative Power 1. 2. independent Page 91 of 125 . Can inquire into the legality of the exercise of the right. the doctrine applies to all cases where money or other property of a party is received under such circumstances that the general law. Can determine whether there was a genuine necessity NOTE: Only cities and municipalities can reclassify agricultural lands through the proper ordinance after conducting public hearings for the purpose. The higher council can declare the ordinance/resolution invalid if it is beyond the scope of the power conferred upon the lower Sanggunian. 2. it cannot declare the ordinance invalid on the ground that it is unnecessary. Veto communicated to sanggunian within 15 days for province and 10 days for city or municipality. For barangay ordinances. 2. commercial or industrial purposes as determined by the Sanggunian concerned. Since LGUs have no inherent power to tax. When the land shall have substantially greater economic value for residential.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 lower LGU to issue. 4. 20. 7160) 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. 2. Requisites of valid municipal contracts: 1. must comply with formal requirements. To sue and be sued 3. Corporate Powers (§ 22) CODE: S C Re C O 1. Local chief executive (except for punong barangay because he is already a member of the Sangguniang barangay) has to approve the ordinance enacted by the council. Ultra vires ii.

3. 4. Fails to qualify d. Vice Mayor. Removed from office f. Registered voter in: a. 1 year or are needed to see more of imprisonment within 2 years after serving sentence 2. Refuses to assume office c. Sangguniang panlungsod or Sangguniang bayan.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of an express contract. Those removed from office as a result of an administrative case. city or province where he intends to be elected b. Elective local official fills a higher vacant office b. Resident therein for at least 1 year immediately preceding the day of the election. Voluntary renunciation of the office for any length of time shall be considered an interruption in the continuity of service for the full term for which the elective official concerned was elected. Permanently incapacitated to discharge the functions of his office AGE REQUIREMENT At least 23 years old on election day At least 21 years old At least 18 years old Disqualifications for Local Elective Officials (§ 40) 1. p. Those convicted by final judgment for violating the oath of allegiance to the Republic 4. Fugitives from justice in criminal or nonpolitical cases here or abroad 6. Vacancies Permanent vacancy 1. Grounds a. Dies e. Vice Governor. Member of Sangguniang Bayan. Reviewer in Political Law. member of Sangguniang Panlungsod in highly urbanized cities Mayor. municipality. Those sentenced by final judgment for an offense involving moral aturpitude. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this Code 7. 3. Punong Barangay. the barangay. Mayor. Filipino citizen 2. implies an obligation to do justice with respect to the same (Nachura. Voluntarily resigns g. Those with dual citizenship Page 92 of 125 . Able to read and write Filipino/ any other local language or dialect Age requirement POSITION Governor. Member of Sangguniang Barangay 5. or QuickTime™ and TIFF punishable by decompressor for an offense(Uncompressed) this picture. the district where he intends to be elected in case of a member of the Sangguniang panlalawigan. Vice Mayor of independent component cities or municipalities Member of Sangguniang Panglungsod. The insane or feeble minded Term of Office Term of office: 3 years No local elective official shall serve for more than 3 consecutive terms in the same position. 499) Qualifications of Elective Local Officials (§ 39) 1.

mayor or vicemayor 3. except for President and Vice-President. Exception: He/she cannot exercise the power to appoint. The general rule is that the successor (by appointment) should come from the same political party as the Sanggunian member whose position has become vacant. In the office of the governor. Automatic succession VACANCY 1. Suspension from office If the positions of governor. running for any office other than the one which he is holding in a permanent capacity. In the office of the governor. 4. Sangguniang Barangay APPOINTMENT BY WHOM President. Filling of vacancy a. Ranking.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. shall Second highest ranking Sanggunian member Highest ranking sangguniang barangay member/2nd highest ranking sanggunian member b. In the office of the highest ranking Sanggunian member (who was supposed to fill the vacant position of governor etc. Temporary Vacancy Grounds (not exclusive list) 1. the vice-governor. suspend or dismiss employees. the local chief executive should also submit necessary documents showing that the legal causes no longer exist. Appointment of OIC: The local chief executive can designate in writing an OIC if he is traveling within the country but outside his territorial jurisdiction for a period not exceeding 3 consecutive days. suspend or dismiss employees. Recommendation of the Sanggunian barangay concerned Page 93 of 125 . Termination of temporary incapacity Upon submission to the appropriate Sanggunian of a written declaration by the local chief that he has reported back to office If the temporary incapacity was due to legal reasons. ViceMayor Highest ranking Sanggunian member 3. In the office of the punong barangay SUCCESSOR Vice-Governor. mayor 2. Sanggunian Panlalawigan or Panlungsod of highly urbanized cities and independent component cities 2. Omnibus Election Code (§ 67) Any elective official. The exception would be in the case of vacancy in the Sangguniang barangay. The OIC cannot exercise the power to appoint. whether national or local. vice-governor. Travel abroad 3. Sangguniang Bayan 3. mayor or punong barangay become temporarily vacant. by appointment VACANCY 1. Exception to exception: If the period of temporary incapacity exceeds 30 working days. Sangguniang Panlungsod of Component Cities. Leave of absence 2. vice-mayor or highest ranking Sanggunian member will automatically exercise the powers and perform the duties and functions of the local chief executive concerned. through Executive Secretary Governor City/Municipal QuickTime™ Mayor upon and a TIFF (Uncompressed) decompressor are needed to see this picture.It is determined on the basis of proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election 4.

highly urbanized or Independent component city Elective official of a component city or municipality Elective official of a barangay 2. dereliction of duty 4. President RESPONDENT LOCAL OFFICIAL Elective official of a province. adoption of a resolution by the Preparatory Recall Assembly (composed of local officials of the lower/supervised local government unit) 2. Governor 3. When the evidence of guilt is strong c. Commission of any offense involving moral turpitude or an offense punishable by at least prison mayor 5. Sangguniang barangay. Abuse of authority 6. Suspension It should not exceed the unexpired term of the respondent or a period of 6 months for every administrative offense. Removal as result of Administrative Investigation It serves as a BAR to the candidacy of the respondent for any elective position. suspended or removed from office on any of the following grounds: 1. Preventive Suspension (§ 63) 1. oppression. except in the case of members of the Sanggunian panlalawigan. misconduct in office. When can it be imposed a. there is great probability that the 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 2. Two modes of initiating a recall: 1. Sangguniang panlungsod. Mayor 3. gross negligence. If several administrative cases are filed against an elective official. Penalty is NOT a bar to the candidacy of the respondent suspended as long as he meets the qualifications for the office. After the issues are joined b. Application for or acquisition of foreign citizenship or residence or the status of an immigrant of another country. GROUND = Loss of confidence QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Culpable violation of the Constitution 3. petition by at least 25% of the registered voters. Given the gravity of the offense. Such other grounds as may be provided by the Code/other laws. Sangguniang bayan. he cannot be preventively suspended for more than 90 days within a single year on the same ground/s existing and known at the time of the first suspension. Recall (§§ 69-75) Recall is the power of the electorate (registered voters) to remove a local elected official for loss of confidence through the holding of a special/recall election.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 be considered ipso facto resigned from his office upon filing of his certificate of candidacy. 8. Duration of preventive suspension Single preventive suspension should not exceed 60 days. Disloyalty to the Republic of the Philippines 2. 7. Unauthorized absence for 15 consecutive working days. Who can impose preventive suspension IMPOSED BY: 1. Grounds for Disciplinary Actions (§ 60) CODE: DCDCAUAS An elective local official may be disciplined. Dishonesty. Page 94 of 125 .

President RESPONDENT LOCAL OFFICIAL Elective official of a province. Number of voters who should file petition with Sanggunian concerned a. Municipal 2. Provinces and cities . Mayor LEVEL 1. confidence in him is affirmed and he shall continue in office. the SC ruled that a resolution can also be the proper subject of an initiative Who May Exercise Power It may be exercised by all registered voters of the provinces. Sanggunian members of the municipalities and component cities Punong barangay and Sangguniang barangay members in the city Elective municipal/barangay officials Punong barangay and sangguniang barangay members in the municipality It should be signed in a public place. cities. Limitations on Recall Elective local official can be the subject of a recall election only once during his term of office. Provincial 2. barangays. Conduct of Recall Election The official/s sought to be recalled are automatically considered as duly registered candidates. . City 3. Legislative district 4. registered voters in the are LGU concerned during the election in which the local official sought to be recalled was elected. The written petition for recall should be duly signed before the election registrar or his representative and in the presence of the representative of the petitioner and the official sought to be recalled. The date set for the recall election should not be less than 30 days after filing of resolution/petition in the case of barangay. LOCAL Initiative (§§ 120-125) It is the legal process whereby the registered voters of a LGU may directly propose. Procedure 1. Governor 3. Composition of PRA IMPOSED BY: 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Process of Initiating Recall I. highly urbanized or Independent component city Elective official of a component city or municipality Elective official of a barangay COMPOSITION Mayors. Comelec. By Preparatory Recall Assembly (PRA) 1. municipalities. If the official sought to be recalled receives the highest number of votes.at least 1000 registered voters Page 95 of 125 2. Procedure Session in a public place to initiate recall proceeding Resolution adopted by a majority of all the members of the PRA during the session called for the purpose of initiating recall proceedings II. No recall shall take place within 1 year from the date of the official’s assumption to office or 1 year immediately preceding a regular local election. vice-mayors. By Petition of Registered Voters Petition of at QuickTime™ and a of the total least 25% TIFF (Uncompressed) decompressor number of needed to see this picture. city or municipal officials and 45 days in the case of provincial officials Effectivity of Recall Recall will only be effective upon the election and proclamation of a successor. Petition should be filed with COMELEC through its office in the LGU concerned Publication of petition for 10-20 days in order to verify the authenticity and genuineness of the petition and the required % of voters. enact or amend any ordinance NOTE: In Garcia v.

Municipality . Barangays . giving notice to Sanggunian. modify or are needed to see this picture.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Effectivity of Proposition If proposition is approved by a majority of the votes cast. the legal cloud was lifted over the municipalities similarly created by Executive Order but not judicially annulled – Section 442B of the Local Government Code deemed curative whatever legal effects to title those municipalities had labored under. Provinces and cities . If the Sanggunian adopts in toto the proposition presented and the local chief executive approves the same. Signing of petition 5. Camid v. it is considered defeated Limitations It should not be exercised more than once a year. yet limited its nullificatory effects to the particular municipalities challenged in actual cases before this Court.60 days c. • • . QuickTime™ and a TIFF (Uncompressed) decompressor The Sanggunian can amend. Proponents will have the following number of days to collect required number of signatures a. Limitations upon Sanggunians The Sanggunian cannot repeal. If the Sanggunian does not take any favorable action. Authority of Courts The proper courts can still declare void any proposition adopted pursuant to an initiative/referendum on the following grounds: 1. it will take effect 15 days after certification by the Comelec as if the Sanggunian and the local chief executive had taken affirmative action. with the knowledge and acquiescence of the legislature. the applicable period is 18 months. Office of the President. Referendum (§§ 126-127) It is the legal process whereby the registered voters of the local government units may Page 96 of 125 approve. Violation of the Constitution 2. With the promulgation of the Local Government Code. Municipal corporations may exist by prescription where it is shown that the community has claimed and exercised corporate functions. It can only extend to subjects or matters which are within the legal powers of the Sanggunians to enact. The legal effect of the nullification of a municipality in Pelaez case was to revert the constituent barrios of the voided town back into their original municipalities. 2005) Ratio: • Pelaez (122 Phil 965) and its offspring cases ruled that the President has no power to create municipalities. 3. the initiative shall be cancelled.30 days 4. Municipalities . and without interruption or objection for period long enough to afford title by prescription. Sanggunian concerned has 30 days to act on the petition. modify or amend any proposition or ordinance approved through system of initiative/referendum within 6 months from the date of approval thereof.90 days b. the proponents may invoke the power of initiative. If it fails to obtain required number of votes. Date for initiative set by Comelec if required number of signatures has been obtained.at least 50 2. For barangays.at least 100 c. repeal the proposition/ordinance w/in 3 years thereafter by a vote of ¾ of all its members. Want of capacity of the Sanggunian concerned to enact the measure. amend or reject any ordinance enacted by the Sanggunian. Barangay . 448 SCRA 711 (January 17.

has administrative control of the funds of the said body and it is he who has the authority to approve disbursement vouchers for expenditures appropriated for the operation of the Sangguniang Panlalawigan. The Vice-Governor. buildings.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Atienza v Villarosa . Sr. 478 SCRA 474 Laxina. v Office of the Ombudsman*. whose salaries are paid out of the funds appropriated for the Sangguniang Panlalawigan – if the salary of an employee or official is charged aagainst the provincial funds. and a even if this QuickTime™ TIFF (Uncompressed) decompressor employee reports to see this picture. 2005) Ratio: • • The Court cannot accept the Government’s proposition that the only properties that may be expropriated under Republic Act No. this does not extend to the officials and employees of the Sangguniang Panlalawigan because such authority is lodged with the ViceGovernor. • Page 97 of 125 . roads. 8974 contemplates within its coverage such real property constituting land. as the presiding officer of the Sangguniang Panlalawigan. and constructions of all kinds adhered to the soil. 471 SCRA 542 (September 30. the Vice-Governor are needed to or is assigned to his office. 8974 are parcels of land – RA No. the Governor retains the authority to appoint the said employee • The Office of the Ombudsman has concurrent jurisdiction with the local government units over administrative cases against elective officials such as barangay chairmen. (December 19. 2005) Ratio: • • Ratio: The provisions of Republic Act 7160 are anchored on principles that give effect to decentralization. 2005) Republic v Gingoyon*. While the Governor has authority to appoint officials and employees whose salaries are paid out of the provincial funds. the authority granted to the Vice-Governor to sign all warrants drawn on the provincial treasury for all expenditures appropriated for the operation of the Sangguniang Panlalawigan as well as to approve disbursement vouchers relating thereto necessarily includes the authority to approve purchase orders covering the same applying the doctrine of necessary implication. The appointing power of the Vice-Governor is limited to the employees of the Sangguniang Panlalawigan as well as those of the Office of the Vice-Governor. While Republic Act 7160 is silent as to the matter. 458 SCRA 385 (May 10.

3. 7. and public ministerial officers whose actions may affect the rights and interests of individuals. political affiliation. 6. 3. Officer is distinguished from an employee in the greater importance. 2. Congress has the same right to provide disqualifications that it has to provide qualifications for office. Duties are performed independently without control unless those of a subordinate 5. subscribing and filing of an official oath. and perhaps give an official bond and in the liability to be called to account as a public offender for misfeasance or nonfeasance in office. and often. Created by Constitution or by law or by some body or agency to which the power to create the office has been delegated (enabling law) 2. either fixed by law or enduring at the pleasure of the appointing power. being required to take an official oath. Invested with authority to exercise some portion of the sovereign power of the State 3. 6. IV. 4. Appointment Page 98 of 125 REQUIREMENTS FOR PUBLIC OFFICE I. law. 2. misconduct or crime. The legislature may not reduce or increase the qualifications prescribed in an exclusive manner by the Constitution. When the constitution has attached a disqualification to the holding of any office. as distinguished from the officers and employees of instrumentalities of government. to be exercised by him for the benefit of the public. dignity and independence of his position. removal or suspension from office. 4. 5. authority. Selection for Public Office A public officer is chosen either by appointment or election. is by law required to do such as the taking. by which for a given period. Essential elements 1. 3. Eligibility and Qualification Eligibility is the state or quality of being legally fit or qualified to be chosen. grounds under the local government code. previous tenure of office. .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 LAW ON PUBLIC OFFICERS PUBLIC OFFICE is the right. The legislature may prescribe only general qualifications. suffrage. Continuing / permanent in nature Distinctions Public Official is an officer of the Government itself. 8. the giving of an official bond. being an elective official. 1. Powers/Functions defined by the Constitution. and duty created and conferred by law. 9. or through legislative authority 4. holding more than one office. II. 8. 7. before entering upon the performance of his duties. 10. in some cases. consecutive terms. relationship with the appointing power. Disqualifications The following are grounds for disqualification to hold public office: 1. The qualifications must be relevant to the office for which they are prescribed. Congress cannot remove it under the power to prescribe qualifications as to such offices as it may create. mental or physical incapacity. education. The qualifications are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officer’s entire tenure. age. 5. and. 2. civil service examination III. and 12. an individual is invested with some portion of the sovereign functions of the government. having been a candidate for any elective position. 11. Formal qualifications: 1. Presumption is in favor of eligibility. office newly created or the emoluments of which have been increased. Qualification refers to the act which a person. impeachment. In the absence of constitutional inhibition. Who are required to give an official bond? Accountable public officers or those to whom are entrusted the collection and custody of public money. Limitations on the power of the legislature to prescribe qualifications: 1. residence. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. citizenship. ability to read and write.

and to enable appointee to the enjoyment and responsibility of an office. 2. There must be actual physical possession of the office in good faith. Confirmation – belongs to Congress i. the appointee enters upon the exercise of the duties and functions of an office. II. However. Usurper is one who takes possession of the office and undertakes to act officially without any color of right or authority. Vacancy There is a 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 perform its duties. His acts. board. There must be color of right or general acquiescence by the public. De Facto Officers A de facto officer is one who actually possesses an office although he has an imperfect or colorable title thereto. De Jure Officers A de jure officer is one who has the lawful right to the office in all respects. the lawful title and possession are united. acceptance is necessary to possession of office. Issuance of commission – a commission is a written authority from a competent source given to the officer as his warrant for the exercise of the powers and duties of the office to which he is commissioned. Acceptance may be express when it is done verbally or in writing. It is conditional where assent or approval by some other officer or body is necessary to complete the appointment. conviction of a crime. . Causes of vacancy are death. The requisites of de facto officer: 1. Effects of Acts of De Facto Officers The lawful acts of an officer de facto. DE FACTO AND DE JURE OFFICERS I. It presupposes that the officer is already in the service by virtue of an earlier appointment. reaching the age limit. Designation Designation is simply the mere imposition of new or additional duties upon an officer to be performed by him in a special manner. is not subject to reconsideration or revocation. will hold valid so far as they involve the interests of the public and third persons. but who has either been ousted from it. TIFF (Uncompressed) decompressor Confirmation on the part of the Civil Service are needed to see this picture. When the officer de jure is also the officer de facto. Power to appoint is generally regarded as an executive function. performing other functions. or who has never actually taken possession of it. But it is not limited to the executive department. removal from office or resignation of the incumbent. Nomination – exclusive prerogative of the President 2. once made and complete. Commission is called “Attestation”.e. Power of appointment is absolute when the choice of the appointing authority is conclusive. expiration of term. Commission on Appointments 3.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Appointment is the act of designation by the executive officer. or body to whom that power has been delegated. either actual or apparent. and 3. the law. III. if done within the scope and by the apparent authority of the office. Other causes of vacancy are abandonment. The exception is where an officer is removable at will of the appointing power. Acceptance of appointment is not necessary for the completion or validity of appointment. acceptance of incompatible office. It is to be distinguished from the selection or designation by a popular vote. Steps in the Appointing Process: 1. permanent disability. creation of a new office. of the individual who is to exercise the powers and functions of a given office. upon principles of policy and justice. so far as the rights of third persons are concerned are. There must be a de jure office. and recall. Acceptance is implied when without formal acceptance. though not those of a lawful officer. The de facto officer cannot benefit from his own status because public policy demands that unlawful assumption of public office be Page 99 of 125 2. The general rule is that an appointment to an office. considered valid and binding as if he were the officer legally elected and qualified for the office and in full possession thereof. There can be no appointment to a non-vacant position. impeachment conviction. QuickTime™ and a V.

and other officers of equivalent rank as may be identified by the Career Executive Service Board. However. Regional Director. whether performing governmental or proprietary functions. or which is limited to the duration of a particular project for which purpose employment was made. 2. as far as practicable. Career Executive Service – Undersecretary. The civil service does not include government-owned or controlled corporations which are organized as subsidiaries of government-owned or controlled corporations under the general corporation law. all of whom are appointed by the President. Career officers. Positions in the Civil Service QuickTime™ and a TIFF 1. Bureau Director. which shall maintain a separate merit system. Thus. 2. security of tenure The Career Service includes: 1. The authorized proceeding is quo warranto either by the Solicitor General in the name of the Republic or by any person claiming title to the office. semiskilled. 2. IV. Open career positions for which prior qualification in an appropriate examination is required. Permanent laborers. 5. and 7. and agencies of the Government. Entrance on bases other than those of usual tests of merit and fitness utilized for the career service. 4. 3. Chief of Dept. II. such as the Foreign Service Officers in the DFA. The challenge must be made in a direct proceeding where title to the office will be the principal issue. Department Heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their personal or confidential staff. Secretary. The de facto officer is subject to the same liabilities imposed on the de jure officer in the discharge of official duties. or which is co-terminous with that of the appointing authority or subject to his pleasure. Commissioned officers and enlisted men in the Armed Forces. 4. Scope of the Civil Service The civil service embraces all branches. as a general rule. instrumentalities. Asst. and Non-Career Service The Non-Career Service is characterized by: 1. non-career service Career Service The Career Service is characterized by: 1. who are appointed by the President. 3. Asst. opportunity for advancement to higher career positions. Tenure which is limited to a period specified by law. in addition to whatever special damages may be due from him because of his unlawful assumption of office. whether skilled. THE CIVIL SERVICE I.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 discouraged. career service(Uncompressed) decompressor are needed to see this picture. who do not fall under the non-career service. Closed career positions which are scientific or highly technical in nature. the de facto officer cannot claim a salary and other compensations for services rendered by him as such. Elective officials and their personal or confidential staff. subdivisions. and 2. other than those in the Career Executive Service. Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff. there is authority to the effect that the de facto officer may retain salaries collected by him for services rendered in good faith where there is no de jure officer claiming the office. How to challenge a de facto officer: The incumbency of a de facto officer may not be challenged collaterally or in an action to which he is not a party. Regional Director. Service. The Non-Career Service includes: 1. entrance based on merit and fitness to be determined. 6. 2. or based on highly technical qualifications. Personnel of GOCCs. Bureau Director. Contractual personnel or those whose employment in the government is in Page 100 of 125 . 3. including governmentowned or controlled corporations with original charters. Asst. or unskilled. by competitive examinations.

policy-determining – charged with laying down of principal and fundamental guidelines or rules. Emergency and seasonal personnel. appropriate examination but who otherwise meets the requirements for appointment to a regular position in the competitive service.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 accordance with a special contract to undertake a specific work or job.g. the concept of next-in-rank does not import any mandatory or peremptory requirement that the person next in rank must be appointed to the vacancy. discourtesy in the course of official duties 8. being notoriously undesirable 7. except the appropriate civil service eligibility. Magalona) Provisional Appointment – one which may be issued. 3. III. which in no case shall exceed one year. Appointments Appointments in the Civil Service may either be: 1. to a person who has not qualified in an are needed to see this picture. V. e. in accordance with the provisions of the laws. or one declared to be so by the President upon recommendation of the Civil Service Commission. such as that of a head of a department.. inefficiency and incompetence in the performance of official duties 9. The appointing authority has the discretion to fill the vacancy under the next-in-rank rule or by any other method authorized by law. whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of eligibles at the time of appointment. However. falsification of official documents 11. VI. Permanent – issued to a person who meets all the requirements for the position to which he is being appointed. requiring special or technical skills not available in the employing agency. and standards promulgated in pursuance thereof. habitual drunkenness Page 101 of 125 . Temporary appointments shall not exceed 12 months. oppression 3. Discipline Grounds for the discipline of members of the Civil Service: 1. rules. disgraceful and immoral conduct 6. Their tenure ends upon loss of confidence. What is required is a new appointment. upon the prior authorization of the Commissioner of the Civil Service Commission in accordance with the provisions of the Civil Service Law and the rules and standards promulgated QuickTime™ and a TIFF (Uncompressed) decompressor thereunder. but the appointee may be replaced sooner if a qualified civil service eligible becomes available. 2. NOTE: Where a temporary appointee acquires civil service eligibility during his tenure as such. his temporary appointment does not thereby automatically become permanent. to be accomplished within a specific period. Promotion The 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. Exceptions from Requirement of Competitive Examinations 1. primarily confidential – denotes close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of personal trust or confidential matters of state. including the appropriate eligibility prescribed. 2. Distinguished from a Temporary appointment – temporary appointment given to a non-civil service eligible is without a definite tenure and is dependent upon the pleasure of the appointing power. dishonesty 2. IV. and 5. misconduct 5. highly technical – requires the appointee to possess technical skill or training in the supreme or superior degree. and performs or accomplishes the specific work or job. Temporary – issued in the absence of appropriate eligibles when necessary in the public interest to fill a vacancy to a person who meets all the requirements for the position to which he is being appointed. (Maturan v. under his own responsibility with minimum of direction and supervision from the hiring agency. conviction of a crime involving moral turpitude 10. neglect of duty 4. by transfer.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
12. gambling 13. refusal to perform official duty or render overtime service 14. physical or mental incapacity due to immoral or vicious habits 15. willful refusal to pay just debts or willful failure to pay taxes due to the government determining how or whether the act shall be done or the course pursued. The officer is expected to discharge the duty directly and not through the intervening mind of another. It cannot be delegated to another, subject to some exceptions (power of the President to conclude treaties may be assigned to a treaty panel, which can negotiate the treaty on his behalf, under his instructions and subject to his approval).

Preventive Suspension Two Kinds: 1. Preventive Suspension Pending Investigation 2. Preventive Suspension Pending Appeal The duration of preventive suspension is coextensive with the period prescribed for deciding administrative disciplinary cases. If the case is decided before ninety (90) days then the suspension will last less than ninety (90) days, but if the case is not decided within ninety (90) days, then the suspension may not exceed the maximum period of ninety (90) days. SCOPE OF POWER OF A PUBLIC OFFICER 1. expressly conferred upon him by the law under which he has been appointed or elected; 2. expressly annexed to the office by the law which created it or some other law referring to it; or 3. attached to the office as incidents to it. Doctrine of Necessary Implication: The fact that a particular power has not been expressly conferred does not necessarily mean that it is not possessed by the officer claiming it. Such a power may still be sustained under the doctrine of necessary implication pursuant to which all powers necessary to the exercise of the power expressly granted are deemed impliedly granted. Kinds of Duties/Powers: 1. Ministerial – when it is absolute, certain, and imperative involving merely execution of a QuickTime™ and a TIFF specific duty(Uncompressed) decompressor fixed and arising from are needed to see this picture. designated facts. A duty is ministerial when the law exacting its discharge prescribes and defines the time, mode, and occasion of its performance with such certainty that nothing is left for judgment or discretion. It is susceptible of delegation and can be compelled by judicial action. 2. Discretionary – when it requires the exercise of reason and discretion in

Modes of Termination of Official Relations 1. Natural Causes a. Expiration of the term or tenure of office b. Reaching the age limit ( retirement) c. Death or permanent disability 2. Acts / Neglect of Officer a. Resignation b. Acceptance of an incompatible office c. Abandonment of Office d. Prescription of Right to Office 3. Acts of the Government or People a. Removal b. Impeachment c. Abolition of Office d. Conviction of a crime e. Recall OTHER IMPORTANT CONCEPTS 1. HOLD-OVER – a public officer’s term has expired or his services terminated but he should continue holding his office until his successor is appointed or chosen and had qualified. 2. NEPOTISM – all appointments in the national and local governments or any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing authority; recommending authority; chief of the bureau or office; or person exercising immediate supervision over the appointee are PROHIBITED. Exceptions to the nepotism rule: 1. persons employed in a confidential capacity 2. teachers 3. physicians 4. members of the AFP 3. COMPENSATION IS NOT INDISPENSABLE TO A PUBLIC OFFICE.
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Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
4. DIVESTMENT is when a public official is in a conflict-of-interest situation. Such official must resign from his position in any private business enterprise within 30 days from his assumption of office and/or divest himself of his shareholdings or interest within 60 days from such assumption. 5.OFFICIAL IMMUNITY only protects public officials from tort liability for damages arising from discretionary acts or functions in the performance of their official duties. • Even if a public officer had indeed signed his PDS without bothering to review the same, he cannot escape administrative liability therefore – such an omission is considered as gross negligence on his part.

Garcia v Sandiganbayan, 460 SCRA 60 (June 22, 2005) Ratio: • While at present, it is the Ombudsman who should file the petition for forfeiture under RA 1379, the Ombudsman’s exercise of the correlative powers, to investigate and initiate the proper action for recovery of ill-gotten and/or unexplained wealth is restricted only to cases for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 – as regards such wealth accumulated on or before said date, the authority to file forfeiture proceedings belong to the Solicitor General. The Ombudsman has the authority to investigate cases even before February 25, 1986, pursuant to the Ombudsman’s general investigatory power under Section 15(1) of RA 6770. Peralta v Desierto*, 473 SCRA 322 (October 19, 2005) Ratio: • Every public official who signs or initials documents in the course of standard operating procedures does not automatically become a conspirator in a crime that transpired at some stage in which the official had no participation.

Velasco v. Sandiganbayan, (February 28, 2005)

452

SCRA

593

Ratio: • It is not necessary that the officer or employee who willfully refuses or fails to implement such final resolution be a party to the case. Barriga v. Sandiganbayan, 457 SCRA 301 (April 26, 2005) Ratio: • Where the public office of an accused is by statute a constituent element of the crime charged, there is no need for the Prosecutor to state in the Information specific factual allegations of the intimacy between the office and the crime charged, or that the accused committed the crime in performance of his duties. Advincula v. Dicen , 458 SCRA 696 (May 16, 2005) Ratio: • The Personal Data Sheet (“PDS”) is an official document required of a government employee or official by the Civil Service Commission – concealment of any information in the PDS warrants a penalty from the erring official. • Misconduct, by uniform legal definition, is a QuickTime™ and a TIFF (Uncompressed) decompressor transgressionare needed to see this picture. of some established and definite rule of action, more particularly, unlawful behavior as well as gross negligence by the public officer. • It is incumbent on a public official to scrutinize each and every document he signs, it is hard to believe that he would affix his signature on his PDS without bothering to scrutinize, and correct if erroneous.

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Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
ELECTION LAW ELECTION Embodiment of the popular will, the expression of the sovereign power of the people. Components: 1. Choice or selection of candidates to public office by popular vote 2. Conduct of the polls 3. Listing of votes 4. Holding of Electoral campaign 5. Act of casting and receiving the ballots from the voters 6. Counting the ballots 7. Making the election returns 8. Proclaiming the winning candidates REGULAR ELECTION is an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters SPECIAL ELECTION is one which is held when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law (ex. To fill in vacancy in office before the expiration of the term for which incumbent was elected) ELECTION PERIOD shall commence 90 days before the day of the election and shall end 30 days thereafter. Postponement Election Code) of Election (Sec. 5 Omnibus Date of new election The date of the postponed election should be reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect. It should not be later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect. Failure of Election (Sec. 6 Omnibus Election Code) Pre-Conditions for declaring a failure of election: That no voting has been held in any precinct or precincts because of the following grounds: CODE: OFF-TV a. Force majeure b. Violence c. Terrorism d. Fraud e. Other analogous causes Under RA 7166, the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the election. And, that the votes not cast therein are sufficient to affect the results of the elections. Effects of the above grounds: 1. Election in any polling place was not held on the date fixed; 2. Election was suspended before the hour fixed by law for the closing of the voting 3. Elections results in a failure to elect (after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof) Remedy: COMELEC can, on the basis of a verified petition by any interested party, and after due notice and hearing, call for the holding or continuation of the election not held, suspended, or which resulted in a failure to elect. This is decided by the COMELEC, by a majority vote of its members, sitting en banc. Holding of the Special Election: Requisites: 1. There must be failure of election, 2. Such failure would affect the results of the election. NOTE: In fixing the date of the special election, the Comelec should see to it that:
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Causes: Any serious cause, such as: CODE: (VOLT-F) 1. Violence 2. Terrorism or destruction of election 3. Loss paraphernalia/records 4. Force majeure QuickTime™ and a 5. Other analogous causes such that it is TIFF (Uncompressed) decompressor are needed to see this picture. impossible to hold a free, orderly and honest election in any political subdivision COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA 7166): 1. Motu proprio, or 2. Upon a verified petition by any interested party, after due notice and hearing.

Any party already registered need not register anew. fails to obtain at least 10% of the votes cast in the constituency in which it nominated and supported a candidate/s in the election next following its registration. 4. which seeks to achieve its goal through violence. singly or in coalition with others. and It should be reasonably close to the date of the election not held. or which resulted in failure to elect. 3. Registered Parties: a. There shall be notice and hearing. RA 7941 – Party-List System Act I. Grounds for refusing or canceling registration of Party-Lists groups 1. Majority Political Party d. 7. organization Advocates violence Foreign party or organization Receives foreign support Violates election law Untruthful statements in its petition Ceased to exist for at least one year Failed to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned Party List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list Q: How do we determine the number of party list seats in the House of Reps? A: (# of District Reps / 0. entitled to a copy of election return b. 8. Dominant Minority Party – entitled to a copy of election return c. Page 105 of 125 . Seeks to promote proportional representation II. political ideas or platforms of government including its branches and divisions. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 5. Types of Political Parties 1. 6. Bottom 3 political parties – entitled to appoint principal watcher 2. Religious sect or denomination. Non-registered parties Criteria to Determine the Type of Political Party Established Record of the said parties. POLITICAL PARTIES is an organized group of persons pursuing the same ideology. 2. according to the Veterans Federation Case The 5 major political parties are now entitled to participate in the party list system Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each No party shall be entitled to more than 3 seats Forfeiture of Status as a Registered Political Party The status shall be deemed forfeited if the political party. Dominant Majority Party – usually the administration party.20 = # of party list reps There are presently 208 legislative districts. shall be entitled to accreditation. suspended. NOTE: No religious sect shall be registered as a political party. No political party. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate of canvass e. File manifestation not later than 90 days before election.80) x 0. showing in past elections Number of Incumbent Elective Officials Identifiable political organizations and strengths Ability to fill a complete slate of candidates Other analogous circumstances Acquisition of Juridical Personality It is acquired upon registration with the COMELEC.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 It should not be later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect.

Ang Bagong Bayani-OFW Labor Party v.80) seats. Court have allowed substitution and intervention but only by a real party in interest. involving substitution by the widow of a deceased protestant. Protestant’s widow is not a real party in interest to this election protest. G. 147589 26 June 2001 May political parties participate in the partylist elections? Yes. parties and organizations.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Currently. No. Even in analogous cases before other electoral tribunals. the Court has ruled that a public office is personal to the public officer and not a property transmissible to the heirs upon death. A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress. 2005) Ratio: • In the application of Rule 3. So 20 % of 260 is 52 seats. COMELEC. 2005) Ratio: Mere allegation that a candidate’s proclamation is null and void ab initio does not divest the House of Representatives Electoral Tribunal of its jurisdiction. provided that the political parties themselves represent the marginalized and under represented sectors. Poe v Macapagal Arroyo. there are 260 (208/0. • Page 106 of 125 . an election QuickTime™ and a TIFF (Uncompressed) decompressor protest is not are needed to see this picture. in cases where the widow is not the real party in interest. R. Aggabao v. we denied substitution by the wife or heirs. While the right to a public office is personal and exclusive to the public officer. But this is only a ceiling. Ranking in the list submitted determines who shall represent party or organization. 449 SCRA 400 (January 26. 454 SCRA 142 (March 30. COMELEC.and exclusive purely personal to the protestant or protestee such that the death of either would oust the court of all authority to continue the protest proceedings. Section 16 to an election contest.

Read and Write member of Filipino or local dialect sangguniang panlalawigan. Registered in ARMM Registered in District 5 in ARMM 5 in Districts Page 107 of 125 . sangguniang panlungsod in highly urbanized cities: 23 *In component cities/municipalities: 21 *Sangguniang panlungsod. mayor.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Eligibility of Candidates and Certificates of Candidacy QUALIFICATIONS Age Literacy 40 Read and Write 35 Read and Write 25 Read and Write 25 Read and Write (if youth sector: 25-30) *Gov. vice mayor. Vice-Gov. sangguniang bayan. barangay: 18 *Sangguniang kabataan: 15-21 35 Read and Write 21 Read and Write Elective officials President/VP Senator District Reps Party-List Reps* Local Officials Citizenship Natural-born Natural-born Natural-born Natural-born Citizen Voter Registered Registered Registered in District Registered Registered in locality Presidency 10 in the Philippines 2 in the Philippines 1 in District 1 in Philippines 1 in locality ARMM Governor ARMM Legislator Natural-born Natural-born QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

Only candidates who are members of and are nominated by a party can be substituted. or any offense for which he has been sentenced to a penalty of more than 18 months or for a crime involving moral turpitude. Election offenses under Sec 68 of the Omnibus Election Code (OEC) 4. making prohibited contributions. (Fair Election Act) Grounds for disqualification under Sec.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Certificates of Candidacy Rules on filing of certificates of candidacy: 1. No person shall be eligible for more than one office. Convicted by final judgment for violating the oath of allegiance to the Republic 13. Fugitives from justice in criminal or nonpolitical cases here or abroad 15. 6 9. The filing of the withdrawal shall not affect the civil. votes cast for substituted candidates are considered stray. sentenced by final judgment for subversion. he shall not be eligible for any of them unless he cancels all and retains one before the expiration of the period for the filing of certificates of candidacy. Official ballots shall provide spaces where voters may write the names of the substitute candidates. 86. The candidate shall continue to hold office. 4. . induce. Dual citizenship ( more specifically. 12 of the Omnibus Election Code: 1. Upon filing. spending in his election campaign an amount in excess of that allowed 7. QuickTime™ and a Substitute candidate may file his/her certificate of TIFF (Uncompressed) decompressor are needed to see this picture. an individual becomes a candidate. 6. Removed from office as a result of an administrative case 12. death 2. 85. insurrection. receiving. On appointive officials: They are considered ipso facto resigned from office upon filing. rebellion. d. No person who has withdrawn his/her candidacy for a position shall be eligible as a substituted candidate for any other position. criminal. committing acts of terrorism to enhance his candidacy. 83. e. *disqualification is lifted after the expiration of 5 years for service of sentence 3. committing prohibited acts under Sections 80. restrictions and processes involving candidates. Effect of Filing of Certificate of Candidacy on Tenure of Incumbent Government Officials. Substitution is only allowed in the following instances: 1. or administrative liabilities the substituted candidate may have already incurred. or corrupt the voters of public officials performing electoral functions. On elective officials: No effect. Insane or feeble-minded Page 108 of 125 Any candidate may withdraw his/her candidacy anytime before election day. Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence 11. giving money or other material consideration to influence. except if the substitute candidate has the same surname. soliciting. sub-par. unless given plenary pardon or amnesty. he is already covered by rules. withdrawal 3. disqualification No substitution is allowed for an independent candidate. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right 16. and 261 pars. candidacy not later than mid-day of election day. v. declared by competent authority as insane or incompetent 2. and cc. (Fair Election Act) Rules on Candidacy Substitution and Withdrawal of In case of valid substitutions. or 8. Not possessing qualifications and possessing disqualifications under the Local Government Code 10. Thus. k. If he/she files for more than one position. dual allegiance) 14. 5. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. whether he is running for the same or a different position. No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period 2. 3.

Forming organizations. 2. The votes cast in his favor shall not be counted. meetings. whether national or local. are needed to see this picture. parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. Lifting of the Political Ad Ban – The following are now considered lawful election propaganda: a. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for.If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party. announcements or commentaries or holding interviews for or against the election of any candidate for public office. agroupment. 2. 6. There should be a showing that: Certificate of candidacy has been filed to put the election process in mockery/disrepute or To cause confusion among the voters by the similarity of the names of the registered candidates Other circumstances which clearly demonstrate that the candidate has no QuickTime™ and a TIFF (Uncompressed) decompressor bona fide intention to run for the office…. NUISANCE CANDIDATES refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the people. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 17. RA 9006 – FAIR ELECTION ACT Important Features: 1. Violation of sec 73 of OEC with regard to certificate of candidacy (filing a certificate of candidacy for more than one office) 19. conferences. associations. . Advertisements When the acts enumerated above are NOT considered an election campaign/partisan political activity . 5. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. Election Campaign/Partisan Political Activity It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office. rallies. 2. after due notice and hearing. Holding political caucuses. 3. 67 of the OEC – Now. Letter c. 4. or coalition of parties. Exclusive ground: A material representation in the certificate of candidacy is false. This can be done motu proprio or upon verified petition of an interested party. If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election. 2. clubs. Upon motion of the complainant or intervenor. inquiry or protest.5” W x 14L”) b. Directly or indirectly soliciting votes pledges or support for or against a candidate. Repeal of Sec. It includes: 1. any ELECTIVE official. Nuisance candidate 18. Making speeches. Posters (2’ x 3’) in common-private poster areas (not more than 10 public Page 109 of 125 Petition to deny due course to or to cancel a certificate of candidacy 1. It should be decided not later than 15 days before the election. 3. running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. Written and Printed Materials (8. The petition should be filed not later than 25 days from the filing of the certificate of candidacy. Violation of sec 78: material misrepresentation in the certificate of candidacy Effect of a Disqualification case (under RA 6646) 1. Power of COMELEC 1. the court or COMELEC will continue with the trial and hearing of the action. 2. the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong.

advance or deposit of money or anything of value. grantees of franchises. 5. Authorized Expenses (multiplied with the total number of registered voters) a. dances b. Made for TIFF (Uncompressed) decompressor the purpose of influencing the are needed to see this picture. Prohibited means of raising of funds (Sec. persons who. It shall also be unlawful for any person or organization to solicit and/or accept from any candidate for public office any gift. 6. private places and public places (allocated equitably and impartially) Rally streamers (3’ x 8’) Paid advertisements at discounted rates: Print: 1/4th page in broadsheet and ½ page in tabloid 3x a week TV: 120 mins. e. contribution or donation in cash or in kind from the commencement of Page 110 of 125 . or performances other for the purpose of raising funds for an election campaign or for the support of any candidate from the commencement of the election period up to an including election day. have been granted loans or other accommodations in excess of P100. 4. 2.000 by the government 6. 3. of influencing the results of the election. use of facilities voluntarily donated by other persons. i. foreigners and foreign corporations. 2. public or private financial institutions (except loans to a candidate or political party) 2. the money value of the use of which can be assessed on the rates prevailing in the area. results of the elections. for candidate for national office and 60 minutes for local office Radio: 180 mins. 3. QuickTime™ and a 8. within one year prior to the date of the election. educational institutions which have received grants of public funds not less than P100. or a contract. promise or agreement of contribution.000 7. P 10 for president / vice president b. for candidate for national office and 90 minutes for local office Comelec free space (3 national newspapers for national offices and 1 national newspaper for local offices) and airtime (3 national television networks for national offices and 1 station for local offices): equal allocation for all candidates for 3 calendar days. transportation. entertainments i. subscription. allocations or similar privileges or concessions by the government 5. promise or agreement to make an expenditure. whether or not legally enforceable 7. cinematographic. cockfights d. games e. lotteries c. theatrical. It shall also include the use of facilities personally owned by the candidate. bingo g.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 places per political party or independent candidate. the money value of which can be assessed based on the rates prevailing in the area. h. beauty contests h. loan. P 5 for independent candidates and political parties Electoral Contributions and Expenditures CONTRIBUTION (under Sec 94. and 8. incentives. food. Omnibus Election Code) – includes: 1. persons with contracts to supply the government with goods or services or to perform construction or other works 4. donation. officials or employees in the Civil Service or members of the Armed Forces of the Philippines. f. boxing bouts f. 97 Omnibus Election Code): 1. a gift. EXPENDITURE includes the payment or delivery of money or anything of value. DOES NOT INCLUDE services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. d. Holding any of the following activities: a. 12’ 16’). public utilities or those exploiting natural resources of the nation 3. a contract. exemptions. for the purpose Prohibited Contributions: Those made directly or indirectly by any of the following: 1. P 3 for other candidates for every voter currently registered in the constituency c. g.

2. a person may be physically absent from his residence for a short. Page 111 of 125 . 9189) Who are disqualified from voting under the Absentee Voting Law? 1. however. and corollary to this. or place of meetings 7. Printing sample ballots. and other persons actually employed in the campaign 3. navy or air force. Advertisements 9. studies. is the law that ‘ensures equal opportunity to all qualified citizens of the Philippines abroad’ to exercise their right to vote (suffrage) in the election of President. Rent. Those who have lost their Filipino citizenship in accordance with Philippine laws. Transfer solely because of occupation. profession. EXCEPT normal and customary religious stipends. Age: 18 years old and over. 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. (Sec. the person concerned will be deemed NOT to have lost his original residence: a. or even long period of time. etc. including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code. If the transfer of residence is due to any of the following reasons. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country. clerks. Educational activities c. 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. postage. Provided.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the election period up to and including election day. who are not otherwise disqualified by law. Service in the army. further. maintenance and furnishing of campaign headquarters. Compensation of campaigners. REPUBLIC ACT NO. but as long as he has the INTENT TO RETURN to his place of residence. 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. printing and distribution of printed matters relative to candidacy 5. also known as ‘Absentee Voting Law’. senators and party-list representatives.. TIFF (Uncompressed) decompressor Residence Requirement are needed to see this picture. Employment of counsel. Copying and classifying list of voters. Political meetings and rallies 8. Vice President. Senators and Party-List Representatives. vice-president. the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred Voters Qualifications 1. tithes or collections Lawful Expenditures: 1. due to work. national police force QuickTime™ and a e.A. Telegraph and telephone tolls. Confinement/detention in government institutions in accordance with law NOTE: Residence is equal to domicile. at least eighteen (18) years of age on the day of elections. Stationery. the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred 11. such disability not having been removed by plenary pardon or amnesty. he/she is still a resident in his original domicile (see Imelda Marcos case). 2. the cost of which shall not be taken into account in determining the amount of expenses which a candidate or political party may have incurred 10. Residence: He /she should have resided in the Philippines for one year and resided in the city/municipality wherein he proposes to vote for at least 6 months immediately preceding the election. employment in private or public service b. freight and express delivery charges 4. Work in military or naval reservations d. For traveling expenses 2. Who are qualified to vote under the Absentee Voting Law? All citizens of the Philippines abroad. 4 R. Provided. office. messengers. Hence. may vote for president. 3. NO INTENT TO SETTLE in the place where he is physically present. stenographers. 9189 – THE OVERSEAS ABSENTEE VOTING ACT OF 2003 The Overseas Absentee Voting Act of 2003. investigating and challenging the right to vote of persons registered in the lists. Employment of watchers at the polls 6.

For Qualified citizens of the Philippines abroad who failed to register under Republic Act No. unless he/she executes. if any. Such affidavit shall also state that he/she has not applied for citizenship in another country. the Election Officer shall immediately set the application for hearing. including those certified as registered voters. A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved. consulates and other foreign service establishments that have QuickTime™ and a jurisdiction TIFF (Uncompressed) decompressor where they over the locality are needed to see this picture. (Section 6. In the event that an objection to the application is filed prior to or on the date of hearing. upon registration. Upon receipt of the application for registration.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant’s stated residence for at least one (1) week before the date of the hearing. The embassies. 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. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. If no verified objection to the application is filed. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. 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. temporarily reside. otherwise known as the “The Voters Registration Act of 1996”. hearing and annotation in the permanent list of voters. as verified by the Philippine embassies. any interested party may file a petition for exclusion not later than two hundred ten Page 112 of 125 .A. clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths The application shall be approved or disapproved based on the merits of the objection. The applicant shall have the right to file his counter-affidavit by registered mail. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. An immigrant or a permanent resident who is recognized as such in the host country. consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission. The applicant shall be notified of the approval or disapproval of his/her application by registered mail. 9189) How shall registration be done? Registration as an overseas absentee voter shall be done in person. counter-affidavit and documents submitted by the party objecting and those of the applicant. the Election Officer shall immediately forward the application to the Election Registration Board. (Section 5. 8189. They may personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their departure from the Philippines. The Commission shall include the approved applications in the National Registry of Absentee Voters. R.RA 9189) What is the procedure for registration? A. after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification. consulates or foreign service establishments concerned. or with the representative of the Commission at the Philippine embassies. the Election Officer shall notify the applicant of said objection by registered mail. If the application has been approved. enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer. 5. which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board.

RA 9189) When may voting by mail be allowed? For the May. The overseas absentee voter may also vote by mail. (Section 17. RA 9189) Can the canvass of the overseas absentee votes delay the proclamation of winners? No. The canvass of votes shall not cause the delay of the proclamation of a winning candidate if the outcome of the election will not be affected by the results thereof. Thereafter. Notwithstanding the foregoing. consulates and other foreign service establishments concerned are adequate and well-secured. factors and circumstances peculiar to such country or countries. The overseas absentee voter shall personally accomplish his/her ballot at the embassy. RA 9189) Page 113 of 125 . Should the court fail to render a decision within the prescribed period. The Commission shall ensure that the start of counting in all polling places abroad shall be synchronized with the start of counting in the Philippines. have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. and which events. (section 16. 2004 elections. The Commission shall constitute as many Special Boards of Election Inspectors as may be necessary to conduct and supervise the counting of votes. (Section 18. Voting by mail may be allowed in countries that satisfy the following conditions: Where the mailing system is fairly welldeveloped and secure to prevent the occasion of fraud. voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. and. subject to the QuickTime™ and a TIFF the approval of (Uncompressed) decompressor Congressional Oversight are needed to see this picture. the ruling of the Election Registration Board shall be considered affirmed.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 (210) days before the day of elections with the proper municipal or metropolitan trial court. the applicant or his authorized representative shall. the Special Boards of Election Inspectors shall transmit via facsimile and/or electronic mail the results to the Commission in Manila and the accredited major political parties. (Section 18. the Commission is empowered to order the proclamation of winning candidates despite the fact that the scheduled election has not taken place in a particular country or countries. For Qualified citizens of the Philippines abroad. Where the system of reception and custody of mailed ballots in the embassies. the Commission shall authorize voting by mail in not more than three (3) countries. (Section 6 of RA 9189) How shall voting be done? 1. If the application has been disapproved. B. 8189 They shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith. within a period of five (5) days from receipt of the notice of disapproval. consulates and other foreign service establishments or in such other places as may be designated by the Commission pursuant to the Implementing Rules and Regulations. RA 9189) How will the counting and canvassing of the votes be done? The counting and canvassing of votes shall be conducted on site in the country where the votes were actually cast. who have previously registered as voters pursuant to Republic Act No. (Section 17. Where there exists a technically established identification system that would preclude multiple or proxy voting. factors and circumstances are beyond the control or influence of the Commission.1. Immediately upon the completion of the counting. if the holding of elections therein has been rendered impossible by events. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. RA 9189) 2. The opening of the specially-marked envelopes containing the ballots and the counting and canvassing of votes shall be conducted within the premises of the embassies. consulate or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission. with a corresponding annotation in the Certified Voters’ List. Committee.

QuickTime™ and a Decision is TIFF (Uncompressed) decompressor final and executory. 2. It would also refer to any matter raised under Sections 233.233) Material defects in the election returns (Sec. 234) When election returns appear to be tampered with or falsified. stating grounds. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion or any crime against national security: a. he shall regain his right to vote automaticallyupon expiration of 5 years after service of sentence. political party representative How .any voter. force. Transfer of Residence How is challenge to right to register effected? Who . UNLESS restored to his full civil and political rights in accordance with law. in the inactive file after entering the cause of deactivation. Sworn application for reactivation 2. which provides that the COMELEC has no jurisdiction over questions involving the right to vote. (Sec. However.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RA 8189 – VOTER”S REGISTRATION ACT OF 1996 What kind of registration system do we have? 1. under oath. Exclusion is through sworn petition and not later than 100 days before regular election. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Affidavit 3. transmission. 2. Petition filed at any time except 105 days before regular election or 75 days before special election 2. 3. 3. intimidation. Cannot be done within 90 days before election Pre-Proclamation Controversies refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. Insane or incompetent persons as declared by competent authority. forgery. receipt. Cancellation of Registration in case of Death 4. How is reactivation of registration effected? 1. Continuing. and 236 of the Omnibus Election Code in relation to the preparation. impersonation. candidate. bribery. New voters 5. Computerized and 3. 234. Permanent Disqualifications 1. not prepared in accordance with law or prepared through fraud. RTC will decide the appeal within 10 days. (Board of canvassers has original jurisdiction while COMELEC has appellate jurisdiction) When election returns are delayed. 4.in writing. and appreciation of the election returns. NOTE: Relate this to Article IX of the Constitution. any similar irregularity or which contains data that are statistically improbable. lost or destroyed (Sec. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability was not removed by plenary pardon or has not been granted amnesty. b. 65 days before special election Grounds when the List of Voters will be altered: 1. proof of notice of hearing DEACTIVATION is the removal from the registration records of persons from the precinct book of voters and place the same. Annulment of Book of Voters 6. Deactivation/ Reactivation . Not later than 120 days before regular election and 90 days before special election Annulment of Book of Voters is through verified petition. notice and hearing. custody. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision. 235. Exclusion/ Inclusion 3. properly marked and dated in indelible ink. 235) Page 114 of 125 Jurisdiction in Inclusion/Exclusion cases 1. are needed to see this picture. However. any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. 2.

unless restrained by the SC. Illegal composition or proceedings of the board of canvassers 2. Those that can be filed with COMELEC directly are the ff: 1. Procedure 1. the results of which materially affected the standing of the aggrieved candidate/s. appear to be tampered with or falsified. and certificate of canvass. The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or 2. President 2. as when a majority or all of the members do not hold legal appointments or are in fact usurpers 2. threats. Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with COMELEC. or they are obviously manufactured. HOWEVER: Proceedings MAY CONTINUE if: 1. Issue involves the illegal composition or proceedings of the board of canvassers. or intimidation. The election returns were prepared under duress. This is without prejudice to the filing of a regular election protest by the aggrieved party. The canvassed election returns are incomplete. should be brought in the first instance before the board of canvassers only. Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount There can be a recount under the grounds of 234236. Vice-President 3. 236) Summary nature of pre-proclamation controversy Pre-proclamation controversies shall be heard summarily by the COMELEC. When pre-proclamation cases are deemed TERMINATED (RA 7166) All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari. or not authentic. Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision. are needed to see this picture. or contain discrepancies in the same returns or in authentic copies thereof. contain material defects. Page 115 of 125 . The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a pre-proclamation controversy 1. When substitute or fraudulent returns in controverted polling places were canvassed. custody and appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166) 1. Senator 4. receipt. Contested election returns (under RA 7166) Matters relating to the preparation. 4. 3. transmission.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Discrepancies in election returns (Sec. custody and appreciation of the election returns. transmission. coercion. Contested composition or proceedings of the board (under RA 7166) It may be initiated in the board or directly QuickTime™ and a TIFF (Uncompressed) decompressor with COMELEC. When not allowed Pre-proclamation cases on matters relating to the preparation. 2. Effect of filing petition to annul or suspend proclamation It suspends the running of the period within which to file an election protest or quo warranto proceeding. receipt. Member of the House of Representatives BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person can correct manifest errors in the certificate of canvass or election returns before it.

but the petitioner may not be installed into the office vacated. strictly speaking. 184 SCRA 484) 2. Dividing line: Proclamation of a candidate 2. Soliciting or receiving. corporation. Grounds for quo warranto are disloyalty or ineligibility of the winning candidate.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Election Contest I. In some cases. directly or indirectly. returns. (Galido v. Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections. offer or promise money or anything of value 2. Election contest 1. directly or indirectly. in some cases. The jurisdiction of COMELEC is administrative /quasi-judicial 2. However. the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation. Regional 2. Appellate Jurisdiction COMELEC has APPELLATE jurisdiction over all contests involving: 1. Making or offer to make any expenditure.1991) Distinctions between Pre-Proclamation Controversy and Election Contest 1. An election protest may be filed only by a candidate who has duly filed a certificate of candidacy to the same office and has been voted for. rulings of the Commission on Election contests involving municipal and barangay offices are final. City officials II. (Flores v. In election contest. Pre-proclamation controversy are needed to see this picture. a contest. 1. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation has been made. the respondent may be unseated. Provincial 3. COMELEC. It is a proceeding to unseat an ineligible person from office. The jurisdiction of COMELEC is judicial 2. Covered acts 1. or cause expenditure to be made to any person. final orders. public or private Page 116 of 125 . It does NOT preclude a special civil action of certiorari. Give. association. COMELEC. This only applies to questions of FACT. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction Who can file a petition contesting the election? Any candidate who has duly filed a certificate of candidacy and has been voted for the same office Purpose of an election contest The defeated candidate seeks to oust the proclaimed winner and claims the seat. Distinctions between Pre-Proclamation Controversy and Quo Warranto Quo warranto is not. It is governed by the requirements of administrative due process II. and qualifications of all elective: 1. An election protest more than seeks to oust the winner. Jan. It is governed by the requirements of judicial process I. 18. any expenditure or promise of any office or employment. It is strictly a contest between the winning candidate and the defeated candidate. Election Offenses (Selected Offenses) Vote buying and vote-selling TIFF (Uncompressed) decompressor I. entity or community 3. In quo warranto. Final COMELEC Decisions Provision that decisions. the protestee may be unseated and the protestant may be installed into the office vacated. Quo warranto may be filed by an voter. executory and not appealable: 1. Jurisdiction QuickTime™ and a 3. even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved. it ceases to be a preproclamation controversy and becomes an election contest cognizable by the RTC. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction 2. Grounds for election contest are election fraud and irregularities in the counting and casting of votes or in the preparation of the returns.

directly or through its duly authorized legal officers. Who can be held liable: Any head/official/appointing officer of a government office. valuable consideration or other expenditure by a candidate relatives. remuneration or privilege to any government official or employee. members. employer/landowner II.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 II. public officer 2. wage or compensation or by demotion. tillers or lease holders to aid. temporary or casual) b. 4. or 2. leaders or sympathizers of a candidate is sufficient basis for an investigation by the COMELEC. promised or given money. Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters acceptance of money or other consideration from the relatives. creation of new position. Prohibited acts a. 30 days before a special election 4. whether national or local. campaign or vote for or against a candidate . a new employee may be appointed. Period when acts are prohibited: a. Who can be held liable 1. parishioners or employees or house helpers. Period when acts are prohibited a. any subordinates. including GOCCs. Notice of appointment should be given to COMELEC within 3 days from appointment. city or province to which the public office aspired for by the favored candidate relate. Promoting/giving an increase in salary. Prohibition against release. Appointing or hiring a new employee (provisional. Purpose of acts 1. in any manner. Coercing. Appointment of new employees. 3. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection III. 3. Prohibited acts: The release. promotion or giving salary increases 1. Under RA 6646 buying/selling) (Prosecution of voteor aspirant for the nomination or selection of candidates. overseers. punishing or threatening to punish by reducing salary. Who can be held liable: Any public official or employee including barangay officials and those of GOCCs/subsidiaries 2. disbursement or expenditure of public funds for any and other kinds of public works. intimidating or compelling or influencing. tenants. 2. heads/superior/administrator of any religious QuickTime™ and a TIFF organization (Uncompressed) decompressor are needed to see this picture. 2. Disputable presumption of conspiracy: Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality. This will constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracy Coercion of a subordinate I. Creating or filling any new position c. leaders and/or sympathizers for the purpose of promoting the election of such candidate. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election. 30 days before a special election Page 117 of 125 1. 45 days before a regular election b. transfer. 45 days before a regular election b. suspension etc. disbursement or expenditure of public funds 1. Prohibited acts 1. 3. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality. farm helpers. 2. agency or instrumentality. officer of a public/private corporation/association 3. Exceptions Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the proper functioning of the office/agency concerned AND that the position is not filled in a manner that may influence the election In case of urgent need. Dismissing or threatening to dismiss. city or province has been offered.

or by negotiated contract awarded before the 45 day period before election c. Exceptions: 1. If the chairman of the BEI fails to affix his signature at the back of the official ballot. Tampering. Other election offenses under RA 6646 QuickTime™ and a TIFF (Uncompressed) decompressor 1. candidate or political party (committed by the Chairman of the board of canvassers) 6. increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors) Page 118 of 125 . Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI) 4. Maintenance of existing/completed public works project. 2. the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory Jurisdiction of courts 1. municipal or barangay officer General rule: public official CANNOT suspend any of the officers enumerated above during the election period. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote. Person who violated provisions against prohibited forms of election propaganda 5. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the restoration of the damaged facility. d. Suspension of elective. 2. Voting more than once in the same election/voting when not a registered voter 3. 7. 3. Voting in substitution for another with or without the latter’s knowledge and/or consent etc. Unjustifiable refusal to register and voteNOTE THAT FAILURE TO REGISTER AND/OR VOTE IS NO LONGER A CRIME. Failure to give notice of meetings to other members of the board. in the presence of the voter. city. (under RA 7166) Prescription of Election Offenses Election offenses shall prescribe after 5 years from the date of their commission If the discovery of the offense is made in an election contest proceeding. provincial. election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing 2. Exception a. Work undertaken by contract through public bidding. Payment for the usual cooperation for working drawings. Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act In relation to registration of voters/voting 1. With prior approval of COMELEC 2. e. Ongoing public work projects commenced before the campaign period or similar projects under foreign agreements. Causing the printing of official ballots and are needed to see this picture. A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate (Ex. before delivering the ballot to the voter. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. specifications and other procedures preparatory to actual construction including the purchase of material and equipment and incidental expenses for wages. b. by continuing to campaign) and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission.

custody. Disloyalty to the Republic 2. proceedings and composition of board of canvassers ELECTION OFFENSE Violation Election Code Commission prohibited acts of of VENUE President and VP: Presidential Electoral Tribunal Senators: Senate Electoral Tribunal Representatives: House of Rep. Incumbent-respondent dislodged Petitioner does not assume the petition. receipt. counting of votes. then Courts for prosecution Representatives: House Rep. and appreciation of election returns and certificates of canvass Re: Board of Canvassers: with Board or with Comelec Re: Election Returns: with Board of Canvassers ANNULMENT OF PROCLAMATION Proclamation based on irregular and illegal canvass whether in the election returns. and election incidents 1. Ineligibility PREPROCLAMATION CONTROVERSY Illegal composition and proceedings of the Board of Canvassers Irregularities in preparation. Electoral Tribunal Regional/Provincial/City: Comelec QuickTime™ and a President and VP: Presidential Electoral Tribunal Senators: Tribunal Senate Electoral Comelec Comelec Law Dept. disqualification to hold public office or deprivation of right to vote Page 119 of 125 . certificate of canvass.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELECTION PROTEST QUO WARRANTO GROUNDS Fraud and irregularities in casting. imprisonment. Follow the rules on succession If protestant gains highest number. for preliminary investigation. transmission. Electoral Tribunal Regional/Provincial/City: Comelec Municipal: RTC of EFFECT IF CASE PROSPERS Municipal: RTC Incumbent-protestee removed from office TIFF (Uncompressed) decompressor are needed to see this picture. he/she is proclaimed Election return aside Recount Suspension Proclamation set Proclamation annulled Filing suspends the running of the period within which to file election protest or of Respondent penalized with fine.

Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of officers or conduct special elections Any voter Within 10 proclamation days from quo warranto Any candidate or political party Upon convening of Board When election return presented Any candidate or political party Within 10 days from proclamation Any voter Within 5 years from commission PETITIONER PERIOD Any candidate for the position Within 10 days from proclamation QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 120 of 125 .

Agra REQts Filed by voter Within period Grounds Position Contested PREPROCLAMATION CONTROVERSY Filed by candidate or political party ANNULMENT OF PROCLAMATION Filed by candidate or political party within period ELECTION OFFENSE Complaint-affidavit Trial Documentary and Testimonial Evidence Two objection rule (oral and written) Documentary and testimonial evidence Election returns Trial Documentary and testimonial evidence Summary proceedings Affidavits Documentary and testimonial evidence QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 121 of 125 .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELECTION PROTEST QUO WARRANTO Filed by candidate Within period Protestee proclaimed Payment of filing fee Allegations of fraud Certification against forum shopping PROCEDURE Revision Trial Ballots EVIDENCE Election returns Minutes Documentary and Testimonial Evidence courtesy of Atty.

organization or coalition on any of the following grounds: 1. It violates or fails to comply with laws. and At least twenty-five (25) years of age on election day. 3. It is receiving support from any foreign government. women. cultural communities. organization or association organized for religious purposes. are the geographical territory of at least a majority of the cities and provinces comprising a region. 2. 8. fisherfolk. professionals. sectoral parties or organizations for political and/or election purposes. motu proprio or upon verified complaint of any interested party. foundation. handicapped. 5.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 OTHER LAWS in ELECTION LAW REPUBLIC ACT No. peasant. 6. and A regional party when a constituency is QuickTime™ and its TIFF (Uncompressed) decompressor spread over needed to see this picture. How many seats are available under the party-list system? Twenty percent (20%) of the total membership in the House of Representatives is reserved for party-list representatives. (20% ALLOCATION) Page 122 of 125 . 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM AND APPROPRIATING FUNDS THEREFOR What is the party-list system of election? It is a mechanism of proportional representation in the election of representatives to the House of Representatives from marginalized or underrepresented national. foreign political party. or by employment. Any youth sectoral representative who reaches the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term. political ideas and principles for the general conduct of the government. elderly Sectoral Organization – a group of qualified voters bound together by similar physical attributes or characteristics. It is part of the electoral process that enables small political parties and marginalized and underrepresented sectors to obtain possible representation in the House of Representatives. NOTE: In case of the youth sector. A registered voter. urban poor. overseas workers. rules or regulations relating to elections. Political Party – an organized group of qualified voters pursuing the same ideology. 2. May the Comelec remove and/or cancel registration of any entity? The Comelec may. It advocates violence or unlawful means to achieve its goal. or a ratio of one (1) party list representative for every four (4) legislative district representatives. only registered organized groups may participate and these are: Sectoral Party – an organized group of citizens whose principal advocacy pertains to the special interests and concerns of the following sectors: labor. which traditionally is dominated by parties with big political machinery. It has ceased to exist for at least one (1) year from the time the petition is filed. A natural-born citizen of the Philippines. whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes. COALITION – an aggrupation of duly-registered national. regional and sectoral parties. indigenous. interests or concerns. remove or cancel after due notice and hearing. 6. regional. 3. youth. It is a religious sect or denomination. A bona fide member of the party he seeks to represent for at least ninety (90) days preceding election day. regional or sectoral party. Who may participate? Instead of individual candidates. It has made untruthful statements in its petition. Able to read and write. What are the qualifications of a party-list nominee? 1. A resident of the Philippines for a period of not less than one (1) year immediately preceding the election day. veterans. it may be: A national party when its constituency is spread over the geographical territory of at least a majority of the regions. organization. 4. he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. and 7. 4. 5. the registration of any national. It is a foreign party or organization. or organizations or coalitions thereof registered with the Commission on Elections (Comelec).

Any member of the board of election inspectors who refuses to issue to duly accredited watchers the certificate of votes provided in Section 16 hereof. (Sec. No component city shall be declared or classified as a highly urbanized city within sixty (60) days prior to a local election. or is otherwise disqualified. Any person declared a nuisance candidate as defined under Section 69 of Batas Pambansa Blg. 6) Aside from the prohibited acts and election offenses enumerated in Sections 261 and 262 of the Omnibus Election Code (B. REPUBLIC ACT NO. 881. R. et al. How should City Voters vote? The registered voters of a highly urbanized city shall not vote in the election for provincial officials of the province in which it is located. or decreases the votes received by a candidate in any election or any member of the board who refuses. 881. provided they have mustered at least 2% of votes. 2. (G. printing. to credit the correct votes or deduct such tampered votes. P. They shall serve for a term of three (3) years with a maximum of and a (3) consecutive QuickTime™ three TIFF (Uncompressed) decompressor terms. unless its charter provides otherwise. who continues to misrepresent himself. Any member of the board of election inspectors or board of canvassers who tampers. and 3. Commission on Elections. What is the status of the party-list representatives vis-à-vis representatives of legislative districts in the House of Representatives? Party-list representatives are considered elected Members of the House and as such. respectively) shall be ranked and be the basis for allocating the remaining seats. Only a maximum of three seats may be allowed per party. which have not yet obtained the maximum 3 seats. 2. and the votes cast for him shall not be counted. The registered voters of a component city shall be entitled to vote in the election for provincial officials of the province of which it is a part. what are the other ELECTION OFFENSES? 1. 5. 06 October 2000)]. and emoluments as the regular Members of the House of representatives. upon motion of the complainant or any intervenor. by final and executory judgment. Bigger parties which traditionally will dominate elections cannot corner all the seats and crowd out the smaller parties because of this maximum ceiling. vs. the Court or Commission shall continue with the trial and hearing of the action. No. as amended). increases. Any person who violates Section 11 hereof regarding prohibited forms of election propaganda. NOTE: The variance of percentage in excess of 2% or 4% (equivalent to 1 or 2 seats that have already been obtained. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election. or Page 123 of 125 . (3-SEAT LIMIT) How shall party-list seats be allocated? [See Veterans Federation Party. Any person who causes the printing of official ballots and election returns by any printing establishment. (Sec. 6. inquiry. no single party may hold more than three (3) party-list seats. Party-list seats shall be allocated as follows: 1. which undertakes such unauthorized. after proper verification and hearing. salaries. The parties shall be ranked from highest to lowest based on the number and percentage of votes garnered during the elections.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 How does the party-list system enhance the chances or marginalized or underrepresented parties of winning seats in the House of Representatives? In the party-list system. entitled to the same deliberative rights. Any chairman of the board of canvassers who fails to give notice of meetings to other members of the board. which is not under contract with the Commission on Elections and any printing establishment. Seats are allocated at the rate of one seat per 2% of votes obtained. may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong. 4. candidate or political party as required under Section 23 hereof. 3) What is the effect of a disqualification case? Any candidate who has been declared by final judgment to be disqualified shall not be voted for. This system shall pave the way for smaller parties to also win seats in the House of Representatives. are needed to see this picture. 136781. et al. 6646 AN ACT INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR OTHER PURPOSES. Unallocated seats shall be distributed among the parties. or protest and. 3. Blg.

such as by continuing to campaign thereafter. and 2. AUTHORIZING APPROPRIATIONS THEREFOR. city and municipal officials. and for other candidates Three aPesos (P3.00) for every such voter. and Member of the House of Representatives? As a General Rule. Vice-President and Senators shall be ninety (90) days before the day of the election and for Members of the House of Representatives and elective provincial. 7166 AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS. However. the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. no pre-proclamation cases shall be allowed on matters relating to the preparation.00) for President and Vice-President. within thirty (30) days after the day of the election. . Except candidates for elective barangay office. Any election campaign or partisan political activity for or against any candidate outside of the campaign period herein provided is prohibited and shall be considered as an election offense punishable under Section 263 and 264 of the Omnibus Election Code. (Sec. otherwise. in case of such vacancy in the Senate. forty-five (45) days before the day of the election. file in duplicate with the offices of the Commission the full. and/or other public officer or private individual. in the discretion of the Commission. true and itemized statement of all contributions and expenditures in connection with the election. No person elected to any public offices shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required. failure to file the statements or reports in connection with electoral contributions and expenditures are required herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1. by commission or omission. as the case may be.( Sec.00) for QuickTime™ and TIFF (Uncompressed) decompressor every voter needed to see this picture. .Five pesos (P5.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 holds himself out. Senator. 13) Is the Statement of Contributions and Expenditures required what is the Effect of Failure to File Statement? – Yes. this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it.00) for every voter currently registered in the constituency or constituencies where it has official candidates. The fine shall be paid within thirty (30) days from receipt of notice of such failure. (Sec. FOR CANDIDATES. However. The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein within the period prescribed by this Act. transmission. Every candidate and treasurer of the political party shall.00) to Thirty thousand pesos (P30.000. The campaign period for President. custody and appreciation of the election returns or the certificates of canvass.000. the special election shall be held simultaneously with the succeeding regular election. 27) REPUBLIC ACT NO.Ten pesos (P10. 14) Are Pre-proclamation Cases Allowed in Elections for President Vice-President.00). FOR POLITICAL PARTIES. 4) How long is the election and campaign period? Regular elections shall commence ninety (90) days before the day of the election and shall end thirty (30) days thereafter. How much may a candidate or registered political party spend for election campaign? 1. AND FOR OTHER PURPOSES When may special elections be had? In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term. who knowingly induces or abets such misrepresentation. receipt. as a candidate. shall be guilty of an election offense and subject to the penalty provided in Section 264 of the same Code. it shall be enforceable by a writ of execution issued by the Commission against the properties of the offender. Are Pre-proclamation Cases Involving Provincial. currently registered in the are constituency where he filed his certificate of candidacy: Provided. That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5. City and Municipal Offices allowed? When are they terminated? Page 124 of 125 . (Sec.

the Commission determined that the petition appears meritorious and accordingly issues an order for the proceeding to continue or when an appropriate order has been issued by the Supreme Court in a petition for certiorari. Said election returns shall be submitted by personal delivery within two (2) days from receipt of notice. How should the Congress as the National Board of Canvassers for the Election of President and Vice-President perform such function. appears to be incomplete. Congress shall. unappealable and executory. Page 125 of 125 . for the sole purpose of verifying the actual number of votes cast for President and Vice-President. transmission. How are Election Contests for Municipal Offices resolved? All election contests involving municipal offices filed with the Regional Trial Court shall be decided expeditiously. The decision may be appealed to the Commission within five (5) days from promulgation or receipt of a copy thereof by the aggrieved party. Notwithstanding the pendency of any preproclamation controversy. each certificate of canvass contains the names of all of the candidates for President and Vice-President and their corresponding votes in words and in figures. Are Partial Proclamations allowed? Yes. signed and thumbmarked by the chairman and members of the board of canvassers and transmitted or caused to be transmitted to Congress by them. 2. When it appears that any certificate of canvass or supporting statement of votes by precinct bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the election. each certificate of canvass was executed. count the votes as they appear in the copies of the election returns submitted to it. All pre-proclamation cases pending before the Commission shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned shall be deemed affirmed. and 3. receipt. The Commission shall decide the appeal within sixty (60) days after QuickTime™ and a TIFF (Uncompressed) decompressor it is submitted for to see this picture. custody and appreciation of the election returns. on a showing that: 1. particularly the Determination of Authenticity and Due Execution of Certificates of Canvass? Congress shall determine the authenticity and due execution of the certificate of canvass for President and Vice-President as accomplished and transmitted to it by the local boards of canvassers. When the certificate of canvass. upon request of the Presidential or Vice-Presidential candidate concerned or his party. but not later than are needed decision. city and municipal offices shall be allowed. However. without prejudice to the filing of a regular election protest by the aggrieved party. six (6) months after the filing of the appeal. duly certified by the board of canvassers of each province. there exists no discrepancy in other authentic copies of the certificate of canvass or discrepancy in the votes of any candidate in words and figures in the certificate. which decision shall be final. city or district. the Commission may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy. How are pre-proclamation controversies commenced? Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission. However. the election returns from polling places that were not included in the certificate of canvass and supporting statements. the Senate President shall require the board of canvassers concerned to transmit by personal delivery. proceedings may continue when on the basis of the evidence thus far presented. and the certificates of canvass shall be brought in the first instance before the board of canvassers only. matters raised in relation to the preparation.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Pre-proclamation cases involving provincial.

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