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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.
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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26. 7. the protection of life. when it is necessary to save the life of the mother. 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. 5. and the right to self-determination. Sec. and prohibit political dynasties as may be defined by law. The prime duty of the Government is to serve and protect the people. The State shall guarantee equal access to opportunities for public service. Negatively. The Philippines. The State shall pursue an independent foreign policy. Paramount considerations in its relations with other states: 1) National sovereignty 2) Territorial integrity 3) National interest 4) Right to self-determination Sec. 6. Hence. territorial integrity. 4. No person shall be deprived of life. 28. consistent with the national interest. Sec. Article III – BILL OF RIGHTS Sec. liberty or property without due process of law. 16. Subject to reasonable conditions prescribed by law. 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. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. Principle that the family is not a creature of the state. military. national interest. Factoran. 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. 2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. Sec. under conditions provided by law. adopts and pursues a policy of freedom from nuclear weapons in its territory. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. The maintenance of peace and order. the paramount consideration shall be national sovereignty. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. control and manufacture of nuclear weapons b) Nuclear arms tests. The policy does NOT prohibit and a peaceful use of QuickTime™ the TIFF (Uncompressed) decompressor nuclear energy. to render personal. nor shall any person be denied the equal protection of the laws. The separation of Church and State shall be inviolable. Sec. Policy of freedom from nuclear weapons 1. () The right to a balanced and healthful ecology carries with it an intergenerational responsibility to care for and protect the environment. the Roe v. 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. in the fulfillment thereof. Sec.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Mark of sovereignty (2nd and 3rd sentences) Positively. the life of the unborn may be sacrificed. It shall equally protect the life of the mother and the life of the unborn from conception x x x Oposa v. In its relations with other states. Under this provision. 12. 8. Sec. The policy PROHIBITS: a) The possession. Page 4 of 125 . The Government may call upon the people to defend the State and. 1. are needed to see this picture. or civil service. Sec. liberty and property. it is an expression against military abuses. Protection for the unborn It is not an assertion that the unborn is a legal person. Sec. 27. Selected state policies 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.
which is the subject of the proceedings. or b. e. of Lands) .Due process depends on circumstances. . Proceedings in student disciplinary cases may be summary. with the assistance of counsel if desired. but not in the promulgation of general rule. Exceptions: a. Requisites of PROCEDURAL due process: For JUDICIAL proceedings: CODE: I J H J a. The right to a hearing. The tribunal must consider the evidence presented. cross-examination is not essential Page 5 of 125 . c. proceeds upon inquiry and renders judgment only after trial. g. but a real opportunity to be heard.Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting one’s person or property (Lopez v. in all controversial questions. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P a. d. b. 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. Dir. ordain. NOTE: What is required is not actual hearing. f. Violation of due process: when same person reviews his own decision on appeal. Jurisdiction must be lawfully acquired over the person of the defendant or over the property. b. c. Evidence supporting the conclusion must be substantial. it varies with the subject matter and the necessities of the situation. The board or body should. statutes. and not simply accept the views of a subordinate in arriving at a decision. The penalty imposed must be proportionate to the offense. The defendant must be given notice and an opportunity to be heard. and a QuickTime™ which includes the TIFF (Uncompressed) decompressor right to present one’s picture. An impartial court or tribunal clothed with judicial power to hear and determine the matter before it. 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.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 “POLICE POWER” Power vested in the legislature by the Constitution to make. The student must be informed in writing of the nature and cause of any accusation against them. c. (notice and hearing) d. The decision must have something to support itself. d. Notice and hearing are required in judicial and quasijudicial proceedings. 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. and application of laws. -A law which hears before it condemns. The requirement of due process can be satisfied by subsequent due hearing. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. The student has the right to adduce evidence in his own behalf. e. and establish all manner of wholesome and reasonable laws. f. Aspects of “Due Process”: Procedural due process – refers to the mode of procedure. Judgment must be rendered upon a lawful hearing. NOTE: The school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for. For ADMINISTRATIVE proceedings: CODE: H E D S H I P a. b. which government agencies must follow in the enforcement. and submit are needed to see this case evidence in support thereof. The student has the right to be informed of the evidence against him. Serious breach of discipline. The student shall have the right to answer the charges against him. Failure to maintain the required academic standard. 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 right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law. 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. g. requires the interference by the government and b. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank. Must not contravene the Constitution or any statute b. Requisites of a valid ordinance: CODE: Must NOT CUPPU. j. It merely requires that all persons shall be treated alike. 2. Judicial order which prevents an accused from traveling abroad in order to maintain the effectivity of the court’s jurisdiction. Why is a VAGUE law unconstitutional? 1) It VIOLATES DUE PROCESS for failure to accord persons fair notice of the conduct to avoid. Be GERMANE to the purposes of the law c. as distinguished from those of a particular class.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 f. Must be GC a. but may regulate trade e. h. Requisites of SUBSTANTIVE due process: CODE: I M a. Cancellation of the passport of a person charged with a crime. 148560) 3. and 2) It leaves law enforcers UNBRIDLED DISCRETION in carrying out its provisions. d. Requisites for valid classification for purposes of the equal protection clause The classification must: CODE: SGEE a. Must not prohibit. Removal of temporary employees in the government service. e. i. NOT LIMITED TO EXISTING CONDITIONS only d. Abatement of nuisance per se. Issuance of warrants of distraint and/or levy by the BIR Commissioner. 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. Instances when hearings are NOT necessary: a. When administrative agencies are exercising their quasi-legislative functions. Vagueness and overbreadth are distinct from each other. The INTERESTS of the public generally. Must not be unfair or oppressive c. The MEANS employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.R. EQUAL PROTECTION OF THE LAW The equality that it guarantees is legal equality or the equality of all persons before the law. f. Overbreadth as an analytical tool is applicable only to cases involving speech. G. Granting by courts of provisional remedies. a vague law must lack clarity and precision. while an overbroad law need not. Issuance of sequestration orders (considered a provisional remedy). QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. as held in Estrada v. Vagueness may be applied to cases involving speech and also criminal cases (although see contrary ruling that vagueness does not apply to criminal cases. Must not be partial or discriminatory d. NOTE: 1. Cases of preventive suspension. c. under like circumstances and conditions both as to privileges conferred and liabilities enforced. b. which may not be increased or reduced by law. No. except for the minimum appellate jurisdiction of the Supreme Court provided in Article VIII Section 5 of the Constitution. OVERBREADTH DOCTRINE: A government purpose may not be achieved by means. APPLY EQUALLY to all members of the SAME CLASS. It does not demand absolute equality. Must not be unreasonable Page 6 of 125 . which sweep unnecessarily broadly and thereby invade the area of protected freedoms. Rest on SUBSTANTIAL DISTINCTIONS b. Substantive due process – prohibition against arbitrary laws. Sandiganbayan.
• 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. Requisites for a valid warrant: CODE: P J E D One a. second is the subsequent notice informing him of the employer’s decision to dismiss him. the employer should be held liable for indemnity in the form of nominal damages. and particularly describing the place to be searched and the person or things to be seized. It must be issued upon PROBABLE CAUSE. 2. 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. Felix. houses. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized. c. or affirmation of the complainant and the witnesses he may produce. Philippine Long Distance Telephone Co. The existence of probable cause is determined personally by the JUDGE. and. issue a warrant of arrest or if on the Page 7 of 125 Lavador v. Inc. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce. a procedural right which the employee must ask for.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Millares v. For the issuance of a search warrant: Probable cause would mean such facts and circumstances. The right of the people to be secure in their persons. For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances. which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. papers. “J” Marketing Corporation (461 SCRA 497) (June 28. d. and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. “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. the Judge must go beyond the prosecutor’s certification and investigation report whenever necessary. • Actual adversarial proceeding becomes necessary only for clarification or when there is a need to propound searching questions to unclear witnesses. b. 167 SCRA 394 The judge is NOT required to personally examine the complainant and his witnesses. 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. on the basis thereof. e. Makasiar. (458 SCRA 102) (May 6. It must be in connection with One specific offense. 187 SCRA 292 To be sure. Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE” Soliven v. second is the subsequent notice informing him of the employer’s decision to dismiss him. NOTE: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific offender be established. Procedure: The judge personally evaluates the report and supporting documents submitted by the prosecutor regarding the existence of probable cause and. General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest . What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. and. unlike in the case of a warrant of arrest. 2005) Sec. Lim v. 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.
Requisites of a valid waiver: i. An officer making an arrest may take from the person arrested: i. the judge finds no probable cause. VALID WARRANTLESS SEARCH (IM CWAPO) Search made as an Incident to lawful arrest A. Seizure of goods concealed to avoid Customs duties/authorized under the Tariffs and Customs Code A. Which might furnish the prisoner with the means of committing violence or escaping or iv. 48 Phil. There was a prior valid intrusion. C. 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. B. ii. 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. a warrant must first be obtained. Was the fruit thereof or iii. The evidence was inadvertently discovered. Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES” Alvarez v. Plain view is justified seizure without further search. Which may be used in evidence in the trial of the case B. Searches in these areas do not require the existence of probable cause Seizure of evidence in Plain view A. 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. 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. Veloso. D. CFI.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 basis thereof. 341 SCRA 25) Waiver of right A. 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. are needed see the issuance of the warrant. B. 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. 64 Phil. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described. Thus. C. The search of a moving vehicle must be based on probable cause. B. Any money or property found upon his person which was used in the commission of the offense or ii. There is an actual intention to relinquish such right Page 8 of 125 . The right exists. iii. The person had actual or constructive knowledge of the existence of such right. 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. This exception is based on exigency. PARTICULARITY OF DESCRIPTION (SEARCH WARRANT) Bache and Co. if there is time to obtain a warrant in order to search the vehicle. Searches under this exception include searches at borders and ports of entry. 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. The evidence is immediately apparent. Valdez. Ruiz. (People v.
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. C. Page 9 of 125 . When the person to be arrested has committed. The search made pursuant to the waiver must be made within the scope of the waiver. 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. However. Thus.A. 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. Should he find. Waiver requires a positive act from the person. he may conduct a limited protective search. where a warrantless search was allowed where there was a prevailing general chaos and disorder because of an ongoing coup. D. The right against unreasonable searches and seizures is a personal right. a weapon on the suspect. 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. Passengers not subjected to body search Valmonte V. 178 SCRA 211) REQUISITES: CODE: P.V. NOTE: Probable cause is the minimal requirement for the validity of either a warrantless arrest or a warrantless search. when a person who is detained applies for bail. 181 SCRA 623) B. NOTE: are needed to see this picture. Mere absence of opposition is not a waiver.L. INSTANCES WHEN WARRANTLESS ARRESTS ARE VALID: a. De Villa. There must be no supervening event which breaks the continuity of the chase. before he enters a plea. 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. B. when an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is presently dangerous. De Gracia (233 SCRA 716). De Villa. Hot pursuit A. Vehicle not searched 4. Conduct of "Areal Target Zone" and "Saturation Drives" in the exercise of military powers of the President (Guazon vs. Armed Conflict (wartime) Others A. Abnormal times 2. he can arrest such person then and there for having committed an offense in the officer’s presence. 1. b. which leads him to believe that a crime is about to be committed. 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. he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. D. C. or has escaped while being transferred from one confinement to another. Exigent and emergency circumstances best illustrated in People v. Checkpoints (Valmonte vs. however. Waiver of an invalid arrest: When a person who is detained applies for bail. Stop and Frisk Even before an arrest. which is unlicensed. or is about to commit an offense in the presence of the arresting officer. Limited to visual search 3. 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. 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. is actually committing.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 B. he is not barred from later questioning the legality of his arrest. c. Stop and frisk When a policeman observes suspicious activity.
Constitutional Right to Privacy The right to privacy. Sec. Isip (461 SCRA 574) (June 28. Marti. Hence. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. or when public safety or order requires otherwise as prescribed by law. • The immediate requirement means that the executing TIFF (Uncompressed) decompressor officerQuickTime™ and a any time of can.A. to validity of the search warrant issued by the court and the admissibility of the properties seized.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 United Laboratories. 4. determine probable cause of the object’s incriminating evidence – to be immediate. 4200 because it is not similar to any of the prohibited devices under the law. the right against unreasonable searches and seizures. Page 10 of 125 . 4200 if they commit any of the prohibited acts under R. a private corporation may file the petition for certiorari which may be considered as the petition filed by the OSG. in no sense. inter alia. both a party and a third person could be held liable under R. Types of communication protected: Letters. 193 SCRA 57 Any evidence obtained shall be inadmissible for any purpose in any proceeding. Gaanan v. available to him. 3. Torres. • 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. 293 SCRA 141) Sec. drastic in nature. at discovery of are needed to see thisor the facts therein the object picture. or of the press. or of the right of the people peaceably to assemble and petition the government for redress of grievances. • 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. search as an incident to a lawful arrest or some other legitimate reason for being present. the right to be left alone. IAC. 145 SCRA 112 The use of a telephone extension to overhear a private conversation is not a violation of R. Exclusionary rule: People v. participate and file pleadings in the search warrant proceedings to maintain. liberty of abode. a telephone extension is not purposely installed for the purpose of secretly intercepting or recording private communication. v. Ca The law does not distinguish between a party to the private communication or a third person. may appear. and made necessary because of public necessity. 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. R. in the absence of governmental interference. telegrams and the like. No law shall be passed abridging the freedom of speech. a criminal proceeding or the commencement of a prosecution – it is a special and peculiar remedy. unconnected with a search directed against the accused. 2005) Ratio: On search warrant proceedings • A search warrant proceeding is. 4200.A. However. Also. the right to form associations. On the plain view doctrine • The plain view doctrine is not an exception to the warrant – it merely serves to supplement the prior justification.A. Inc. such as the BFAD. the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals. (Ople v. telephone calls. and the right against self incrimination. messages.A. hot pursuit. probable cause must be the direct result of the officer’s instantaneous sensory perception of the object. the right to privacy of communications. restricted to cases of public prosecutions and not a process for adjudicating civil rights or maintaining mere private rights. A private individual or a private corporation complaining to the NBI or to a government agency charged with the enforcement of special penal laws. 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. whether it be a warrant for another subject. of expression. is protected by the guarantee of due process over liberty.
Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 What are considered protected speech: Protected speech includes every form of expression. Balancing of Interests Test Social Weather Station v. The incidental restriction is no greater than is essential to the furtherance of the interest. judicial prior restraint = injunction against publication c. 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. Clear and Present Danger Test 3. When the nation is at war. Obscene publications c. (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. movie censorship b. Standards for allowable subsequent punishment TEST 1. punishing unlawful acts rather than prohibiting speech. i. These enjoy the same degree of protection. Dangerous Tendency Test CRITERION There should be a RATIONAL CONNECTION between the speech and the evil apprehended. It furthers an important or substantial government interest. Page 11 of 125 . flat license fees for the privilege of selling religious books When prohibition does not apply (Near v. Security of community life may be protected against incitements to acts of violence or overthrow by force of orderly government. which communicates political. and d. (Focus on weighing Government and Private interest) 2.e. It is within the constitutional power of the government. does not. COMELEC The prohibition of publication of election surveys shortly before elections does not meet the last two tests. The governmental interest is unrelated to the suppression of free expression. however. b. 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. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 238 US 697) a. Examples/forms of prior restraint a. c. license taxes based on gross receipts for the privilege of engaging in the business of advertising in any newspaper d. The causal connection of expression to the asserted government interest makes such interest related to the suppression of free expression. whether oral. Peaceful picketing has also been included within the meaning of speech. (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. Ex: government can prevent publication about the number/location of its troops b. social or religious ideas. Commercial speech. The COMELEC can confiscate false survey results by virtue of its power under the Administrative Code of 1987 to stop false election propaganda. tape or disc recorded. When is a Government control-based regulation justified? a. 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. speech. written. Commercial Speech Communication which no more than proposes a commercial transaction. The courts will then decide where the greater weight should be placed. Minnesota.
in a patently offensive way. If the public authority is of the view that there is an imminent and grave danger of a substantive evil. 3. (Central Hudson Gas and Electric Corp. May be regulated if: 1. sexual conduct. c) Judge will determine whether they are in fact “obscene. Government has a substantial interest to protect. Test for obscenity (Miller v. but in another public place. artistic.S. LIBEL FAIR COMMENT (U. opinions can be aired regarding their public actuations. Whether the work depicts or describes. 201 of the RPC.R. Rules on assembly in PRIVATE properties: Only the consent of the owner of the property or person entitled to possession thereof is required. political or scientific value. anyone with a connection to a newsworthy event). No. It must not be false or misleading. QuickTime™ and a on their private Comment TIFF (Uncompressed) decompressor lives. e) Proper action should be filed under Art. because every man is presumed innocent until his guilt is judicially proved. based on facts. nevertheless. whether favorable or adverse. The decision of the public authority. The regulation directly advances that interest. when the discreditable imputation is directed against a public person in his public capacity. It should not propose an illegal transaction. 447 US 557) Unprotected Speech 1. 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. and 2. and 3. must be transmitted to the applicants at the earliest opportunity so that they may. Procedure for seizure of allegedly obscene publications a) Authorities must apply for issuance of search warrant. What is important is that the opinion is the true and honest opinion of the person. taken as a whole. L-65366): Applicant should inform the licensing authority of the date. OBSCENITY A. b) Court must be convinced that the materials are obscene. the public place where and the time when the assembly will take place. even if the words used are neither mild nor temperate. have recourse to the proper judicial authority. applying contemporary community standards would find that the work. then it is immaterial that the opinion happens to be mistaken as long as it might reasonably be inferred from the facts.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 To enjoy protection: 1. specifically defined by law. 2. These are statements of OPINION. OPINIONS. The grant or refusal should be based on the application of the Clear and Present Danger Test. are not are their see this picture. B. 2. the applicants must be heard on the matter. and every false imputation is deemed malicious. The statements are not used to attack personalities but to give one’s opinion on decisions and actions. not of fact. 301 SCRA 1 Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. taken as a whole. it is not necessarily actionable. Bagatsing. every discreditable imputation publicly made is deemed false. if not germane to needed topublic personae. unless it be a false allegation of fact or a comment based on a false supposition. Borjal v. Rule). lacks serious literary. It is not more extensive than is necessary to protect that interest. CA. Apply clear and present danger test. Page 12 of 125 . 2. Right of Assembly and Petition 1. protected. and are not considered actionable. Rules on assembly in PUBLIC places (Reyes v. The standards for allowable impairment of speech and press also apply to the right of assembly and petition. California) Whether the average person. Whether the work. If the comment is an expression of opinion.” d) Judge will issue a search warrant. if they so desire. appeals to the prurient interest. v. f) Conviction is subject to appeal. G. The doctrine of fair comment means that while in general. With respect to public personalities (politicians. Public Service Commission of NY. actors.
7160: a. 880 was also held to be a content-neutral legislation. 5. Finally.R. public convenience. No. maximum tolerance is for the protection and benefit of all rallyists and is independent of the content of the expressions in the rally. Ratio: The Court held that although people have the right to peaceably assemble and stage mass actions (1987 Constitution. the Solicitor General has conceded that the use of the term should now be discontinued. to deny the permit would in effect be to deny the right. 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. On the matter of the CPR.P. Is the policy void on its face or due to vagueness? b. however.P. such right is not absolute (Primicias v.R. 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. No. Fugoso and Reyes v. since they can refer to any subject. Issues: 1. no rally” policy and the recently issued CPR policy.P.R. 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. B. the permit can only be denied on the ground of clear and present danger to public order. On the constitutionality and legality of the policy of Calibrated Preemptive Response (CPR): a. since it does not mean anything other than the maximum tolerance policy set forth in B. and Republic Act No. otherwise they would not be “peaceable” and entitled to protection. B. 6. which was issued in lieu of the “Maximum Tolerance” policy through a statement by Executive Secretary Ermita. Do they constitute prior restraint? d. On the constitutionality of Batas Pambansa No. public safety. 169881) (April 25. For without such alternative forum. 12 13(a) and 14(a) thereof.P. public morals or public health.” “protesting” and “influencing” in the definition of public assembly content based. Petitioners are protesters who claim that they were conducting a peaceful mass action when they were violently dispersed by virtue of the “no permit. Is it void for lack of publication? c. No.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Right of the people peaceably to assemble BAYAN versus EDUARDO ERMITA (G. so its use cannot be avoided. place and manner of public assemblies. Do they violate international human rights treaties and the Universal Declaration of Human Rights? 2. Is the policy of CPR void as applied to the rallies of September 26 and October 4. 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). Bagatsing). Are they void on grounds of overbreadth or vagueness? c. 880 is a codification of the ruling in Reyes v. No. Are they undue delegations of powers to Mayors? e. setting forth the requirements and procedure which are necessary to regulate the time. Bagatsing. Art. be given to the authorities to ensure proper coordination and orderly proceeding. The reference to “lawful cause” does not make it contentbased because assemblies really have to be for lawful causes. 5 and 6. 2005? QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. The words “petitioning the government for redress of grievances” come from the wording of the Constitution.4). Furthermore.3. Advance notices should. A fair and impartial reading of B. Sec. 169838)/ Jess del prado versus ERMITA (G. No. 169848)/ KILUSANG MAYO UNO versus THE HONORABLE EXECUTIVE SECRETARY (G. 880. specifically Sections 4. 880 thus readily shows that it refers to all kinds of public assemblies that would use public places. Are these content-neutral or content-based regulations? b. the Court is constrained to rule that after thirty (30) days from the finality of this Decision. Page 13 of 125 . Neither are the words “opinion.
The remedy of the Muslim employees. Requisites for government aid to be allowable: a. No religious test shall be required for the exercise of civil or political rights. It has a secular legislative purpose. rally in accordance with their application without the need to show a permit. If.m. b. no such parks are so identified in accordance with Section 15 of the law. In this Decision. the rally is immediately dispersed. should not prejudice the court and the public. In order to show a violation of this clause. in which case the rally may be peacefully dispersed following the procedure of maximum tolerance prescribed by the law. 880. Clauses under Section 5 QuickTime™ and a TIFF (Uncompressed) decompressor 1. to 2:00 p. In such a situation. Thus. with respect to their request to be excused from work from 10:00 a. and it will be the burden of the authorities to show that there has been a denial of the application. B. every Friday during the entire calendar year. The non-establishment clause does not depend upon any showing of direct governmental compulsion. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the free exercise of religion. Free exercise of Religion School District v. is legislative.P. after that period. to 2:00 p. It must have a secular legislative purpose. It must have a primary effect that neither advances nor inhibits religion. as a necessary consequence and part of maximum tolerance. Non-establishmentare needed to see this picture. No. whether by Muslim employees or those belonging to other denominations. two requisites must be met: A. 5. rallyists who can show the police an application duly filed on a given date can. 2. the moment such belief flows over into action. all public parks and plazas of the municipality or city concerned shall in effect be deemed freedom parks. which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. • To allow the Muslim employees in the Judiciary to be excused form work from 10:00 a. 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. clause 2.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Furthermore.m. the law violates the non-establishment clause. 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. after two days from said date. without discrimination or preference. in order for a law to comply with the non-establishment clause. Its primary effect neither advances nor inhibits religion. shall forever be allowed. 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. The only requirement will be written notices to the police and the mayor’s office to allow proper coordination and orderly activities. 374 US 203 Distinction between the clauses 1. While the freedom to believe (non-establishment) is absolute. It is violated by the enactment of laws • Page 14 of 125 . It must not require excessive entanglement with recipient institutions. 2005) Ratio: Sec.m. it becomes subject to government regulation. No law shall be made respecting an establishment of religion. Schempp. The free exercise and enjoyment of religious profession and worship. no prior permit of whatever kind shall be required to hold an assembly therein. c. the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. Re: Request of Muslim Employees in Different Courts in Iligan City (Re: Office Hours)* (477 SCRA 648) (December 14. or prohibiting the free exercise thereof. 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. the grant of the permit being then presumed under the law.m.
unless there is a statutory ban on them (i. Supreme Court deliberations 9. Executive sessions 7. The right of the people. as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. 8. Local government units. including those employed in the public and private sectors. May be curtailed even by administrative officers (ex. the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract. Right to information on matters of public concern 2. QuickTime™ and a TIFF (Uncompressed) decompressor Sec. as may be provided by law. Liberty of abode MANNER OF CURTAILMENT Lawful order of the court and within the limits prescribed by law. -The right also covers the right not to join an association. to form unions. associations. -Government employees have the right to form unions. the right to return to one’s country is not covered by the specific right to travel and liberty of abode. Banking transactions 5. Trade secrets 4. Closed door cabinet meetings 8. 177 SCRA 668) Sec. pursuant to legislation enacted by Congress d. 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. Diplomatic correspondence 6. . Neither shall the right to travel be impaired except in the interest of national security. the freedom of association is an aspect of the freedom of speech and expression. Right of access to official records and documents Persons entitled to the above rights: citizens. Private property shall not be taken for public use without just compensation. Manglapus. Rights guaranteed under Section 7 1. Public utilities. In addition.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Sec. Intelligence information 3. subject to the same limitation. as may be delegated by law. Congress c.The right to form associations shall not be impaired without due process of law and is thus an aspect of the right of liberty. Hence. The right of the people to information on matters of public concern shall be recognized. 2. 9. 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. 6. insofar as the associations may have for their object the advancement of beliefs and ideas. 7. . Rights guaranteed under Section 6: 1. Sec. pursuant to an ordinance enacted by their respective legislative bodies (under LGC) e. Freedom to choose and change one’s place of abode. (Marcos v. passport officers) in the interest of national security. Curtailment of rights: RIGHT 1. Page 15 of 125 Only Filipino are needed Discretion of government to see this picture. or public health. if a valid contract exists between the government and the owner. 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. shall not be abridged. or societies for purposes not contrary to law. Recognized restrictions on the right of the people to information: 1. as may be provided by law. 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. The national government b.e. public safety or public health. Thus. public safety. Executive. ban on public school teachers). Who can exercise the power of eminent domain: a. They also have the right to strike. National security matters 2. Freedom to travel within the country and outside. 2.
Payment of JUST COMPENSATION "TAKING" A. Thus. B. for purposes of expropriation. Central Luzon Drug Corporation (456 SCRA 414) (April 15. To determineare needed to see this picture. even if bare title still remains with the owner. 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. is synonymous with public welfare as the latter term is used in the concept of police power. REGULATION v. then the value is that of the latter filing of the case. whichever came first. 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. The deposit of money or an equivalent form of payment such as government bonds is necessary and sufficient to satisfy the requirement. the courts cannot question the public use character of the taking. BUT if the value increased independently of what the expropriator did. When one or more of the property rights are appropriated and applied to a public purpose. However. not for public use TAKING Just compensation Title is transferred Property taken for public use Commissioner of Internal Revenue v. "JUST COMPENSATION" Compensation is just if the owner receives a sum equivalent to the market value of his property. if the expropriation is pursuant to a specific law passed by Congress. TAKING REGULATION Compensation is not required Title is not transferred Property interest is restricted or destroyed An exercise of police power. 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. the the adequacy of compensation b. NOTE: Even before compensation is given. There is a TAKING of private property 2. The entrance must not be for a momentary period. "PUBLIC USE" Public use. Compensable taking does not need to involve all the property interests which form part of the right of ownership. Page 16 of 125 • . 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. Judicial review of the exercise of the power of eminent domain QuickTime™ and a TIFF (Uncompressed) decompressor a.. 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. Taking is for PUBLIC USE 3. To determine the "public use" character of the taking.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Elements of the power of eminent domain CODE: TPJ 1. that is. 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. property acquired by the municipality with its private funds in its corporate or private capacity. it must be permanent c. Entry is made under warrant or color of legal authority d.e. without any compensation. The taxation power can also be used as an implement for the exercise of the power of eminent domain. The expropriator enters the property b. future potential use of the land is not considered in computing just compensation. When municipal property is taken by the State: Compensation is required if the property is a patrimonial property. To determine the necessity of the taking c. Examples of public use include land reform and socialized housing. the value is that of the time of the earlier taking. entry may be made upon the property condemned. i. 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. However. the State is free to dispose of it at will. there is already a compensable taking. 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. Property is devoted to Public use e. Elements: CODE: E P A P O a.
Exclusionary rule Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused). 3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation. 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. 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. 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.A. Rights of person under investigation for the commission of an offense. No. 5) Signing of arrest reports and booking sheets. and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. purpose or welfare. 2) During administrative investigations. If it changes the terms and conditions of a legal contract either as to the time or mode of performance 2. any evidence obtained by virtue of an illegally obtained confession is also inadmissible. Page 17 of 125 . 12. Sec. A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract. or for the benefit of the poor and the landless. 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. (3) there is payment of just compensation as required under Section 9. Municipality (now City) of Pasig. Therefore.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Jesus is Lord Christian School Foundation Inc. When does a law impair the obligation of contracts: 1. 11. preferably of his own choice 3) Right to be provided with the services of counsel if he cannot afford the services of one. 4) Statements made to a private person. knowingly. and other pertinent laws. to exercise the power of eminent domain or pursue expropriation proceedings over a particular private property. 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. Sec. No law impairing the obligation of contracts shall be passed. (4) a valid and definite offer has been previously made to the owner of the property sought to be expropriated. (2) the power of eminent domain is exercised for public use. needed to see this picture. 7438) 4) When the investigation is being conducted by the government (police. A valid exercise of police power isand a QuickTime™ superior to TIFF (Uncompressed) decompressor are obligation of contracts. Requisites of valid waiver of these rights: 1) Made voluntarily. DOJ. 4) Right to be informed of these rights. but said offer was not accepted. 10. NBI) with respect to a criminal offense. and intelligently 2) Waiver should be made in WRITING 3) Waiver should be made in the PRESENCE OF COUNSEL. When rights are not available: 1) During a police line-up. Article 3 of the Constitution. Metro Manila* (466 SCRA 235) (August 9. v. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect. being the fruit of a poisonous tree. in behalf of the local government unit.
The person claiming the right must be in actual detention or custody of the law. Right to bail is not available in the military. are likewise not entitled to bail. 13. Apart from bail. Presumption of guilt should not be conclusive. Right to bail Who are entitled to bail: All persons ACTUALLY DETAINED shall. Other rights in relation to bail. It is in the nature of a contract between the surety and the state. which is an obligation of record entered into by a third person before a court. e. 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. Sec. 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. Sec.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5) signed. provided that the facts proved have a reasonable connection to the ultimate fact presumed. guaranteeing the appearance of the accused for trial. a. Who are not entitled to bail: 1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH.g.R. a person may attain provisional liberty through recognizance. No. Excessive bail shall not be required. The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended. G. measurements. 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. shoes). b. “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. Olivares. The constitutional right is available only in criminal cases. in deportation proceedings. when evidence of guilt is strong. not. photographs. Bail is only discretionary pending appeal. BEFORE CONVICTION be entitled to bail. Rights during custodial investigation apply only against testimonial compulsion and not when the body of the accused is proposed to be examined (i. when evidence of guilt is strong 2) Persons CONVICTED by the trial court. 14. urine sample. 10) If accused is under bond in other cases Implicit limitations on the right to bail: a. or if the confessant does not know how to read and write. garments.e. b. 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. thumbmarked by him (P. 3) Persons who are members of the AFP facing a court martial. Page 18 of 125 . 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.v.
the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. His failure to appear is unjustifiable. the court must give him reasonable time to get one. If the accused desires to obtain his own are needed to see this picture. If the accused desires counsel.” It is an element of due process. and that any time a witness refers to a name by which he is known. Right to an impartial judge 5. Prejudice caused to the defendant. Time expired from the filing of the information b. the absence of his counsel during such promulgation does not affect its validity. If the accused appears at arraignment without counsel. While the accused is entitled to be present during promulgation of judgment. ii. Ask the accused if he desires the aid of counsel c. he can file a petition for the issuance of writ of habeas corpus. b. has stipulated that he is indeed the person charged with the offense and named in the information. Reasons for the delay d. IMPARTIAL AND PUBLIC TRIAL” Factors used in determining whether the right to a speedy trial has been violated: a. Right to counsel Right to counsel means the right to EFFECTIVE REPRESENTATION. the court can still compel the attendance of the accused if necessary for identification purposes. This would be the effect even if the dismissal was made with the consent of the accused. the judge must: a. but cannot afford one. The accused may waive the right to be present at the trial by not showing up. 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. Right of confrontation and cross-examination 6. Remedy of the accused if his right to speedy trial has been violated a. Definition of impartial trial The accused is entitled to the “cold neutrality of an impartial judge. Inform the accused that he has a right to a counsel before arraignment b. To avail himself of his conviction or acquittal against a further prosecution for the same cause c. Length of delay involved c. 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. Accused has been duly notified. The real nature of the crime charged is determined from the recital of facts in the information. a counsel de oficio must be appointed QuickTime™ and a TIFF (Uncompressed) decompressor d. the witness is to be understood as referring to him. Note: Trial in absentia is allowed only if the accused has been validly arraigned and the following 2 requisites are met: i. If the information fails to allege the material elements of the offense. 3. EXCEPTION: If the accused. 4. Definition of public trial Page 19 of 125 . “RIGHT TO SPEEDY. To furnish the accused with a description of the charge against him as will enable him to make his defenses b. Effect of dismissal based on the ground of violation of the accused’s right to speedy trial If the dismissal is valid. If he is detained. After arraignment. Assertion or non-assertion of the right by the accused e. He can move for the dismissal of the case. counsel. To inform the court of the facts alleged. However. trial may proceed notwithstanding absence of accused. 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.
When the right can be invoked: 1. 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. either with the consent of the accused or if failed to object thereto. The accused cannot be compelled to produce a private document in his possession which might tend to incriminate him. (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. if the evidence to be adduced is “offensive to decency or public morals. In all other government proceedings. No person shall be compelled to be a witness against himself. 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. While the rights of an accused only apply to the trial phase of criminal cases. 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.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. the testimony of the witness should be excluded. However. With respect to child testimony Estrada v. see this picture.” the public may be excluded. including civil actions and administrative or legislative investigations. 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. a third person in custody of the document may be compelled to produce it. Thus. the fingerprinting of an accused would not violate the right against self-incrimination. He can only refuse to answer specific questions which would incriminate him in the commission of an offense. People* (468 SCRA 233) (August 25. However. Hence. Sec. the right to a speedy disposition of cases covers ALL phases of JUDICIAL. Distinction between Section 14 and Section 16. In criminal cases 2. “RIGHT TO MEET WITNESS FACE TO FACE” Purposes of the right: a. Principal EXCEPTIONS to the right of confrontation 1. Trial in absentia under Section 14(2) 3. The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays. 17. quasijudicial. • Sec. Page 20 of 125 . and. obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification. Distinction between an accused and an ordinary witness An accused can refuse to take the witness stand altogether by invoking the right against selfincrimination. QUASI-JUDICIAL or ADMINISTRATIVE proceedings. 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. When the right to cross-examine is demandable? It is demandable only during trials. it cannot be availed of during preliminary investigations. The admissibility of “dying declarations” 2. All persons shall have the right to a speedy disposition of their cases before all judicial. However. An ordinary witness cannot refuse to take the stand. or administrative bodies. To afford the accused an opportunity to cross-examine the witness b. 16.
Thus. i.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Who can invoke the right: a. Return to work order issued by the DOLE Secretary or the President 6. Posse comitatus for the apprehension of criminals 5. If an act is punished by a law and an ordinance. Being tarred and feathered. The reason for this is without a valid penalty. 19. and 2. the law is not a penal law. Sec. Under the first kind of jeopardy. Sec. Only natural persons. Debt refers to a CONTRACTUAL obligation. A FRAUDULENT debt may result in the imprisonment of the debtor if: 1. When is a penalty “cruel. Definition of “DEBT” under Section 20. Excessive fine 6. The fraudulent debt constitutes a crime such as estafa. What are the TWO KINDS OF JEOPARDY? a. The accused has been duly convicted. An accused has the right to remain silent and to be exempt from being compelled to be a witness against himself. Sandiganbayan (456 SCRA 45) (April 14. It must not be unacceptable to contemporary society 4. Crisostomo v. The punishment must not be so severe as to be degrading to the dignity of human beings. degrading or inhuman. Thus. resulting in any liability to pay money. (Ex. 21. 18.needed to see this picture.) lingering suffering. (Ex. 5. First Sentence of Sec. 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.) Standards used: 1. Second Sentence: When an act is punished by a law and an ordinance. Minors under patria potestas are obliged to obey their parents. if an accused fails to pay the fine imposed upon him. Exceptions: 1. A penalty is degrading if it exposes a person to public humiliation. 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. Sec. 2. No person shall be twice put in jeopardy of punishment for the same offense. acquittal. degrading and inhuman punishment Sec. conviction or acquittal under either shall constitute a bar to another prosecution for the same act. conviction. it must serve a penal purpose more effectively than a less severe punishment would. whether express or implied. 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. It must not be excessive. NOTE: Fr. Prohibition against cruel. Personal military or civil service in the interest of national defense 3. It must not be applied arbitrarily. 21: No person shall be twice put in jeopardy of punishment for the same offense. 20. this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu. it is disproportionate to the offense. Punishment for a crime for which the party has been duly convicted 2. A fine is excessive. all other types of obligations are not within the scope of this prohibition. 3. or dismissal of the case without the express consent Page 21 of 125 . 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. conviction or acquittal under either shall constitute a bar to another prosecution for the same act.e. then paraded throughout town. No person shall be imprisoned for debt or non-payment of a poll tax. when under any circumstance. 2005) Ratio: • The deafening silence of all the accused does not necessarily point to conspiracy. 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. b.
One offense is necessarily included or necessary includes the other. When does jeopardy ATTACH: (1 requisite) CODE: CICAV 1. 3. The first jeopardy must have terminated. b. 2. If. Such person enters a valid plea. One offense is an attempt to commit or a frustration of the other offense. 2. If the dismissal violates the right of due process of the prosecution. Under (1)(b). Acquittal 2. or is an attempt or frustration of the first. What are considered to be the “SAME OFFENSE”: st (under the 1 sentence of Sec. d. 2. If the dismissal was made with grave abuse of discretion. 3. Definition of double jeopardy (2 sentence of Sec. the right to a are needed violation of speedy trial. If dismissal does NOT amount to an acquittal or dismissal on the merits. This amounts to an acquittal. For there to be double jeopardy. Dismissal based on a demurrer to evidence. it is not necessary that the offense be the same. 4. Discharge of an accused to be a state witness. Under a complaint or information sufficient in form and substance to sustain a conviction 3. Conviction 3. 5. Dismissal W/O the EXPRESS consent of the accused 4. This amounts to an acquittal. The facts constituting the graver offense became known or were discovered only after the filing of the former information. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence. 21) 1. ND st When can the PROSECUTION appeal from an order of dismissal: 1. if the facts could have been discovered by the prosecution but were not discovered because of the prosecution’s incompetence. There is no valid plea here. 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. If dismissal is on motion of the accused. Requisites for a valid defense of double jeopardy: CODE: ATS 1. 3. Dismissal on motion of the prosecution. NOTE: Where a single act results in the violation of different laws or different provisions of the same law. A person is charged 2. If information does not charge any offense 2. it would not be considered a supervening event. If a complaint filed for preliminary investigation is dismissed. the accused presents evidence of complete self-defense. c. and the court thereafter acquits him without entering a new plea of not guilty for accused. Before a court of competent jurisdiction 4. one that includes or is necessarily included in the first offense. 3. This is a dismissal on the merits. The plea of guilty to the lesser offense was made without the consent of the prosecutor and the offended party. or is an element thereof. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. Exact identity between the offenses charged in the first and second cases. 4. When does jeopardy NOT attach: 1. the prosecution for one will not bar the other so long as none of the exceptions apply. The second jeopardy must be for the same offense. only conviction or acquittal – not dismissal without the express consent of the accused – will bar a subsequent prosecution.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of the accused will bar a subsequent prosecution. Dismissal on the merits. 2. . If the information for an offense cognizable by the RTC is filed with the MTC. If the question to be passed upon is purely legal. 4. After the person is arraigned 5. Examples of termination of jeopardy: QuickTime™ and a TIFF (Uncompressed) decompressor 1. upon pleading guilty. Dismissal based on to see this picture. 3. 21) Double jeopardy will result if the act punishable under the law and the ordinance are the same. Page 22 of 125 nd When does first jeopardy TERMINATE: (2 REQUISITE) 1. SUPERVENING FACTS Under the Rules of Court. Under the second kind of jeopardy. First jeopardy must have attached prior to the second. subsequent to a motion for reinvestigation filed by the accused.
4. ARTICLE IV – CITIZENSHIP Who are citizens of the Philippines? 1. Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born citizen. provided that she does not have any Page 23 of 125 . he WAIVES his right to plead double jeopardy. 3. Causes prejudice to the accused “BILL OF ATTAINDER” A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. Such court may even increase the penalties imposed on the accused by the trial court. No ex post facto law or bill of attainder shall be enacted. she lost her Filipino citizenship. and punishes such action. Therefore. 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. which. who elect Philippine citizenship upon reaching the age of majority. Refers to criminal matters 2. In order for the children to elect Filipino citizenship. 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. the provision on election of citizenship under the 1987 Constitution only applies to those persons who were born under the 1935 Constitution. The bill of attainder does not need to be directed at a QuickTime™ and a TIFF (Uncompressed) decompressor specifically named person. Sec. 3. Effects of naturalization: 1. imposes a penalty or deprivation of a right. The legitimate minor children of the naturalized father become Filipinos as well. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution 2. however. Those whose fathers or mothers are citizens of the Philippines. Those who are naturalized in accordance with law. in effect. 1973 of Filipino mothers. Jus Sanguinis – acquisition of citizenship on the basis of blood relationship 3. Modes of acquiring citizenship: 1. Retrospective 3. NOTE: The Philippines follows (2) and (3) “EX-POST FACTO LAW” One which makes an action done before the passing of the law. criminal. The whole case will be open to review by the appellate court. if your mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17. The law imposes a PENAL burden. you can elect Filipino citizenship upon reaching the age of majority. a NAMED INDIVIDUAL or EASILY ASCERTAINABLE MEMBERS of a GROUP. One which aggravates the crime or makes it greater than when it was committed. Characteristics of an Ex Post Facto Law 1. the mothers must have been Filipinos at the time of their marriage. when done. Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution. her child would have to elect Filipino citizenship upon reaching the age of majority. or a proclamation of amnesty. if a Filipina married an alien. Jus Soli – acquisition of citizenship on the basis of place of birth 2. 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. It see this picture. 2. 22.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effect of appeal by the accused: If the accused appeals his conviction. on. Those born before January 17. NOTE: The prohibition on ex post facto laws only applies to retrospective PENAL laws. So. When must election be made: The election must be made within a reasonable period after reaching the age of majority. was lawful. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial. Elements of the bill of attainder: 1. 4. Hence. and which was innocent when done. children born of Filipino mothers were already considered Filipinos. One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed. Under the 1973 Constitution. The wife also becomes a Filipino citizen. 1973. One which assumes to regulate civil rights and remedies only BUT. 2. There must be a LAW.
By naturalization in a foreign country 2. Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines. Sec. In this case. By being a deserter of the armed forces of one’s country How may one reacquire citizenship: 1. residence can either mean domicile or temporary residence. property or other substantive requirement can be imposed on the exercise of suffrage. Dual nationality is involuntary and legal. DOMICILE – This is in reference to the 1 year residency requirement in the Philippines. By express renunciation of citizenship 3. At least 18 years old 4. QuickTime™ and a TIFF (Uncompressed) decompressor Derivative citizenship. who lost their citizenship by reason of their naturalization as citizens of a foreign country. while dual allegiance is voluntary and illegal. By direct act of Congress 2. 1(3) of 1987 Constitution. Any person sentenced by final judgment to imprisonment of not less than 1 year. are deemed to have reacquired their Philippine citizenship upon taking the oath of allegiance to the Republic. The principal elements of domicile – physical presence in the country and intention to adopt it as one’s domicile – must concur. Those who elect Philippine citizenship under Art. RA 9225. by their act or omission they are deemed. TEMPORARY RESIDENCE – This is in reference to the 6 month residency requirement in the place where one wants to vote. Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election. to vote upon expiration of 5 years after service of sentence. Natural-born citizens: 1. This involves taking an oath of allegiance and filing the same with the civil registry. Residency requirement Residency. Marriage of Filipino with an alien: General Rule: The Filipino RETAINS Philippine citizenship Exception: If. By serving in the armed forces of an enemy country 5. a person is simultaneously considered a citizen of those states. Disqualifications: 1. under Article V has 2 senses: 1. No. by some positive act. Old of those who re-acquired the citizenship shall likewise be deemed as citizens of the Philippines. which disability has not been removed by plenary pardon. Distinguish dual citizenship from dual allegiance Mercado v. By cancellation of certificates of naturalization 6. 2. Insane or incompetent persons as declared by competent authority. to have renounced it. 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. IV.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 disqualification which would bar her from being naturalized. provided.Citizen Retention and Reacquisition Act Natural born citizens. ARTICLE V – SUFFRAGE Qualifications: CODE: CD18RR 1. 63): 1. Manzano Dual citizenship arises when. Page 24 of 125 . loyalty to two or more states. under the law. Citizen of the Philippines 2. How may one lose citizenship (C. are needed to see this unmarried child below 18 yrs.A. Resident of the Philippines for at least 1 year 5. 2. NOTE: NO literacy.the picture. however. Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their Philippine citizenship. That such a person shall automatically reacquire the right 2. 3. as a result of the concurrent application of the laws of two or more states. Not Disqualified by law 3. 4. By subscribing to an oath of allegiance to the laws or constitution of a foreign country 4. By naturalization 3. Dual allegiance refers to the situation in which a person simultaneously owes.
Term of 3 yrs.g. SENATE Sections 5-7. Emergency powers delegated by Congress to the President QuickTime™ and a TIFF (Uncompressed) decompressor 3. Congress. 4. Qualified voters who are in the Philippines but are temporarily absent from their voting places ARTICLE VI – THE LEGISLATIVE DEPARTMENT Sec. HOUSE OF REPRESENTATIVES Representative Not more than 250 members 35 yrs. Original – Possessed by the people in their sovereign capacity which is exercised via initiative and referendum. cannot delegate its legislative power. This involves either of two tasks for the administrative agencies: 1. under the maxim delegata potestas non potest delegari (delegated power may not be delegated). Delegation to administrative bodies 5. Congress cannot. generally a bill must go through three readings on three separate days.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. as a general rule. Classification of legislative power: (O De CO) 1. The legislative power shall be vested in the Congress of the Philippines. Senator 24 senators District Representatives: 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 To whom does Absentee Voting apply: 1. Each district shall comprise. e. Substantive – limitations on the content of laws. contiguous. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution 3. by law. Delegation to local governments What may Congress delegate: Congress can only delegate. 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. Constituent – The power to amend or revise the Constitution 4. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation. except to the extent reserved to the people by the provision on initiative and referendum. no law shall be passed establishing a state religion. 3. 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. Procedural – limitations on the manner of passing laws. Sections 2-4. Page 25 of 125 . “Filling up the details” on an otherwise complete statute. old Natural. compact and adjacent territory. or 2. Congress mayaredelegate this picture. Ordinary – The power to pass ordinary laws Limits on the legislative power of Congress: 1. powers to the needed to see tariff President 4. e. 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. 2.g. Persons who have the qualifications of a voter but who happen to be temporarily abroad 2. Exceptions to non-delegability of legislative power: (PETAL) 1. Congress cannot pass irrepealable laws. as far as practicable. which shall consist of a Senate and a House of Representatives. Delegation to the people through initiative and referendum 2. 2. 2. add or subtract from these qualifications. usually to administrative agencies. old 25 yrs. RULE-MAKING POWER or LAW EXECUTION. Unless otherwise provided by law. 1.
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. for 3 consecutive terms from February 2. declaring the existence of vacancy. at least one (1) year before the next regular election members of Congress 2. 1987 (i. 7941 i. 4.. Qualifications of Party-List Representative 1. Each city with at least 250. 7. GR No.A. 2. 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. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. Those obtaining more than 2% shall be given additional seats in proportion to their total number of votes. Must be a bona fide member of the party he seeks to represent at least ninety days before election day. 3. the 1987-92. if Congress is not in session. by limited law. COMELEC. 9. b. 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. each. The standards used to determine the apportionment of legislative districts is meant to prevent ‘gerrymandering’. Page 26 of 125 . at least eighteen (18) months before the next regular election for the members of the Senate. 5. 5.A.A. but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. 6645) 1. advocates of violence or unlawful means to seek its goal. 92-95 and 95-98 terms). calling for a special election to be held within 45 to 90 days from the date of the resolution or certification. foreign party or organization. Natural born citizen of the Philippines 2.e. but none of them shallQuickTime™ and a than 3 seats have more TIFF (Uncompressed) decompressor are needed to see this picture. be Party-List Representatives Constitute 20% of the total number of representatives or a maximum of 50 party-list members. 2. The party or organization must not be an adjunct of or a project organized or a entity funded or assisted by the government. 147589) Sec. the sectoral representatives are to be appointed by the President until legislation otherwise provides. 1. In case of vacancy in the Senate or in the House of Representatives. No special election will be called if vacancy occurs: a.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. MAY. these organizations are voted for at large.e. Sec. The religious sector may not be represented. religious sector/ organization.000 inhabitants will be entitled to at least one representative while each province will have at least one representative. 25 seats shall be allotted to sectoral representatives. However. 4. Registered organizations submit a list of candidates in order of priority. (Ang Bagong Bayani-OFW Labor Party v. which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. The party or organization must not be disqualified under Section 6 of R. a. 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. XVIII. Its nominees must likewise be able to contribute to the formation and enactment of legislation that will benefit the nation. Those parties getting at least 2% of the total votes cast for the party-list system shall be entitled to one seat each. 3. Its nominees must likewise comply with the requirement of the law. Mechanics of the party-list system 1. Guidelines for the election of party-list representatives: The parties or organizations must represent the marginalized and underrepresented in section 5 of R. b. Able to read and write Special Election (R. During the elections. 7941 (Party-List Law).
Salaries of Senators and Members of the House Determination of Salaries: Their salaries shall be determined by law. All Members of the Senate and the House of Representatives shall. 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. Protection is only against prosecution in any forum other than Congress itself.e. 3.’ Sec. 3) Legislators cannot personally appear as counsel before any court of justice. quasi-judicial and administrative bodies. make a full disclosure of their financial and business interests. 10. B. are i. may discipline their members. Immunity from arrest: Legislators are privileged from arrest. 5) Legislators cannot intervene in any matter before any office of the government. agency or instrumentality thereof. 2. including GOCCS or their subsidiaries. including any GOCC or its subsidiary. Sec. During his term of office. If he does so. upon assumption of office. 12. 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. or special privilege granted by the Government. Hence. 2) Legislators cannot be appointed to any office. Page 27 of 125 . and not to prosecution for criminal offenses. the Senate or the House. agency or instrumentality thereof. while Congress is “in session” only (whether regular or special) with respect to offenses punishable by up to 6 years of imprisonment. 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. as well as other side ‘benefits. as the case may be.’ they can appropriate for themselves other sums of money such as travel allowances. During his term of office. The ‘speech or debate’ must be made in performance of their duties as members of Congress. or any subdivision. IF the office was created or the emoluments thereof increased during the term for which he was elected. Congress need NOT be in session when the utterance is made. When it is for his pecuniary benefit or where he may be called upon to act on account of his office. QuickTime™ and a it forms part of as long as TIFF (Uncompressed) decompressor legislative action needed to part picture.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. The Senator or representative elected shall serve only for the unexpired term. CONGRESSIONAL WHEN APPLICABLE During his term. Sections 13-14: DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION 1) Cannot hold any other office or employment in the Government or any subdivision. NOTE: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments. 4) Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise. Limitation on the privilege: 1. 11: CONGRESSIONAL IMMUNITIES A. he forfeits his seat. Sec. 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. electoral tribunal.
the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill. 6 Members of the Senate or House. and qualifications of their respective members. Quorum to do business: 1. . Or. returns. In computing a quorum. Sec. 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. A smaller number may adjourn from day to day and may compel the attendance of absent members. Adjournments: 1. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. Hence. 17: THE ELECTORAL TRIBUNAL Sec. Sundays. Majority of each House shall constitute a quorum. 2) Speaker of the House. In the absence of an election contest. and legal holidays. QuickTime™ and a TIFF (Uncompressed) decompressor 2. members who are outside the country and thus outside of each House’s coercive jurisdiction are not included. The Senate and the House shall each have an Electoral Tribunal which shall be composed of: 1. Thus where the certifications are valid and are not withdrawn. The senior Justice in the Electoral Tribunal shall be its Chairman. Jurisdiction: Each Electoral tribunal shall be the sole judge of all CONTESTS relating to the election. without the consent of the other. Neither Congress nor the Courts may interfere with procedural matters relating to the functions of the Electoral Tribunals. & 2. it may deem Election of Officers By a majority vote of all respective members. 2. Neither can they adjourn to any other place than that where the two houses are sitting. Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House.Concurrencepicture. An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner. Suspension – needs concurrence of 2/3 of ALL its members and shall not exceed 60 days. excluding Saturdays. the Journal is conclusive upon the courts but an enrolled bill prevails over the contents of the Journal. and 3) Such other officers as necessary. Congressional Journals and Records: General rule. Continues in session for as long as it sees fit. 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Sec. Discipline: 1. the Electoral Tribunal is without jurisdiction. 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. 3. 16. 2. 2/3 of ALL its are needed to see this of members. 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. Special Sessions: Called by the President at any time when Congress is not in session. they can determine their own rules. Internal Rules: As part of their inherent power. Issues regarding the Electoral Tribunals: Since the Electoral Tribunals are independent constitutional bodies. Page 28 of 125 Regular Sessions: Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law). the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress. However. as the case may be. until 30 days before the opening of the next regular session. Officers: 1) Senate President. 3 Supreme Court Justices to be designated by the Chief Justice. Expulsion .
4.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Meetings are held either at the call of the Chairman or a majority of all its members. other public ministers or consuls. and may have them incarcerated until such time that they agree to testify. Limitations 1. 12 Senators. 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. 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. But if one is incarcerated by the Senate. Senate President as ex-officio chairman. Voting/Action 1. 18: THE COMMISSION ON APPOINTMENTS Composition: 1. The continuance of such incarceration only subsists for the lifetime. Officers of the AFP from the rank of Colonel or Naval Captain: and 4. 2. are needed to see this picture. 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.g. The Commission on Appointments shall act on all appointments within 30 session days from their submission to Congress. 2. 2. has the inherent power to punish recalcitrant witnesses for contempt. Jurisdiction Commission on Appointments shall confirm the appointments by the President with respect to the following positions: (CODE: HAPCOO) 1. or term. The Electoral Tribunals being independent bodies. 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. Sec. its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary. and 3. since they are acting independently of Congress. 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. 3. of such body. is a continuing body. then it is beyond the scope of congressional powers. 2. Heads of the Executive Departments (except if it is the Vice-President and a is appointed to QuickTime™ who TIFF (Uncompressed) decompressor the post). Hence. Since the Commission on Appointments is also an independent constitutional body. Other officers whose appointments are vested in him by the Constitution (e. but by its connection to the general scope of the inquiry. The Commission shall rule by a majority vote of all the Members. Enforcement: Congress or local government units if they are expressly authorized to do so. Page 29 of 125 . with its staggered terms. 3. Meetings of the CA Commission on Appointments meets only while Congress is in session. But. 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. Ambassadors. the materiality of a question is determined not by its connection to any actually pending legislation. Neither may they be removed for not voting according to party lines. The chairman shall only vote in case of a tie. 12 Members of the House. each ‘Congress’ of the House lasts for only 3 years. 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. Thus. COMELEC members). it is indefinite because the Senate. 3. 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.
Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Limitations: 1. Ex. This need for prior consent is based on the executive privilege. When the President so states in writing Question Hour (Sec. 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”. 2. Upon the request of either House (which cannot compel them to attend) And.R. are covered by the executive privilege. No. postponement is impossible. The rights of persons appearing in or affected by such inquiries shall be respected.Appearance of department heads before Congress: Under the principle of separation of powers. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House conducting the inquiry. 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. However. defined as the power of the Government to withhold information from the public. Required by the security of state or required by public interest. 21. thus. took effect immediately. 169777) (20 April 2006) EO 464: ENSURING OBSERVANCE OF THE PRINCIPLE OF SEPARATION OF POWERS. they received a letter requesting a postponement of the hearing in order to be given opportunity to prepare for the various issues involved. 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. or 2. in the discretion of the president. and 3. However. Senate of the Philippines vs. Question Hour -. Neither may the department heads impose their appearance upon Congress. pursuant to Section 6 thereof. with the consent of the President (and that of the House concerned). Upon their own initiative. Page 30 of 125 . 22. And. 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. department heads cannot be compelled to appear before Congress. Article VI) Only a department head Entire body Legislative Investigation (Sec. this does not only cover department heads but several officials which. On that same day. the courts and the Congress. their appearance will be conducted in EXECUTIVE SESSION when: 1. and 2. The inquiry must in aid of legislation. Eduardo Ermita* (G. Department heads may appear before Congress in the following instances: 1. Senator Drilon said that the request was belatedly sent and all preparation were already made. The right against self-incrimination.
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. The requirement then to secure presidential assent is limited as it is only to appearances in the question hour. to secure the consent of the President prior to appearing before either house of Congress is too broad. enumerated in the law. (2) the presence of clear case of disregards of a constitutionality or statutory provision. 87 Phil 29 (1950)].the court held that the said TIFF (Uncompressed) decompressor are needed to see this picture. Only one executive official may be exempted from this power – the president. Francisco Chavez) . the mere fact that he is a citizen satisfies the requirement of personal interest. 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. Under the rule of ejusdem generis. However. • Individuals (e. group is bereft of standing to file the present petition.allowed to sue absent any claim that an investigation called by the House of Representative was aborted due to the implementation of EO 464. 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.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Because of this law. the only way for department heads to exempt themselves therefrom is by a valid claim of privilege.well settled rule that when suing as a citizen the interest of the petitioner assailing the constitutionality of the laws. Section 1 therefore. Constitutionality of EO 464 The Congress has the power of inquiry as provided in Section 21 of Article VI. Issue: • W/N the petitioners have standing to file the suit.g. • W/N EO 464 is unconstitutional for violating the certain provisions of the constitutions Held: The petitions were partly granted.EO 464 stifles its fundamental right in making sound legislation. Page 31 of 125 . Assuming that the order refers to “officials in possession of information”. must be construed to be limited in its application to appearances of department heads in the question hour. it must be established that (1) the character of the funds (public) or other assets are involved in this case. For one to be accorded standing on the ground of transcendental importance. Such power – with the process to enforce it – is an essential and appropriate auxiliary to the legislative function. the court held when the proceeding involves the assertion of a public right. is valid on its face. several petitions were filed questioning the said EO. the provision which requires all the public officials. when congress exercises its power of inquiry. Therefore. Nazareno. They are not exempt by the mere fact that they are department heads. The first and last are lacking since no public funds or assets are involve in the present petition. Standing: • The Senate of the Philippines . In Francisco v House of Representatives. This power is broad enough to cover officials of the executive branch. Thus. PD. Ratio: A. the determination by the president under this provision is intended to be based on a similar finding of coverage under executive privilege. EO orders and other regulations must be direct and personal. QuickTime™ and a • As for PDP-Laban . Executive privileges are properly involved to specific categories of information and to categories of persons. • Party list representatives . (3) lack of any party with a more direct and specific interest in raising the questions being raised. Section 2b and 3 of EO 464 are void while section 1 and 2A are valid.
even without mentioning the term “executive privilege” amounts to an implied claim that the information is privileged. E. such as one asking for the conversion of a municipality into a city. For appropriation bills: 1. Bills of local application A bill of local application. Powers will be subject to restrictions prescribed by Congress Sections 24-27. Instead of providing precise and certain reasons from the claim. Powers will be exercised for a limited period only. in the end. This frustrates the power of inquiry of the Congress. In fine. state of war) 1. the Senate approved its own version. and 2. Claims of privilege must be assessed on a case to case basis. by resolution of Congress or 2. Appropriation bills The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. Cannot increase the appropriations recommended by the President for the Sections 23-24. upon the next adjournment of Congress Limitations: 1. 2/3 of both Houses. 2. examining the ground involved and circumstances surrounding them. Voting separately Emergency powers: During times of war or other national emergency. and appropriating funds therefor is NOT an appropriation bill. 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. the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill. Ermita. for instance. 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. Appropriation bills 2. Private bills NOTE: The Senate may. What is important is that the President asserts such a privilege. Bills of local application 6. However. But a provision in. authorize the President to Page 32 of 125 . the letter of Sec. there is no explicit invocation of executive privilege. Such declaration however. such invocation must be construed as a declaration to Congress that the President has determined that the requested information is privileged. Congress may. exercise powers necessary and proper to carry out a declared national policy. in the letter of Sec. Section 3 and Section 2 of EO 464 must be invalidated. Revenue Bill A revenue bill is one specifically designed to raise money or revenue through imposition or levy. Revenue bills 3. Tariff bills 4. 24) (CODE: A R T Pu Lo P) 1. These provisions thus allow the President to authorize claims of privilege by mere silence. Bills authorizing the increase of public debt 5. However. Limitations: A.g. however. Budget BUT: A bill creating a new office. Section 2b in relation to section 3 provides that once a head of office determines that certain information is privileged. 30-31 LEGISLATION Bills that must originate from the House of Representatives (Sec. Ermita merely invokes 464 coupled with an announcement that the President has not given her consent. Section 3 cannot be dismissed outright as invalid by the mere fact that it sanctions claims of executive privilege. such a determination is presumed to bear the President’s authority. such a claim is not asserted. propose or concur with amendments. in the case at bar. BY LAW. Such powers expires 1. in joint session 3.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 whenever an official involves EO 464 to justify his failure to be present.
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
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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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is the unexpired term. Salaries cannot be decreased during the TENURE of the President and the VicePresident. The Congress. 5. impeached. one shall be chosen by a majority of ALL the members of both Houses. 4. Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved. Sections 7-12. or become permanently 2. House shall act as President until the President or VP shall have been elected and qualified. who will be the acting President. Congress shall determine. e) The law shall be deemed enacted upon its approval on third reading. 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. 6. or both as President until a become President or a VP permanently shall have been Page 36 of 125 . Both President 1) Senate President or and VP-elect are 2) In case of his not chosen or do inability. and qualifications of the President or Vice-President and may promulgate its rules for the purpose disabled. The special election cannot be postponed. 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. Vacancies after the office is initially filled: VACANCY SUCCESSOR President dies. d) The 3 readings for the special law need not be held on separate days. The Supreme Court en banc shall act as the sole judge over all contests relating to the election. Senate President Vice-President die. voting separately. In case of his disabled. 4. b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses. The convening of Congress cannot be suspended. In case of death or disability of (1) and (2). assembled in joint public session. without need of a call. 6. the impeached. or resigns. 3. is Vice-President permanently becomes President for disabled. 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. 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. QuickTime™ and a dies or is TIFF (Uncompressed) decompressor are needed to see this picture. The person receiving the highest number of votes shall be proclaimed elected. the Speaker not qualify or both of the House shall act die. PRESIDENTIAL SUCCESSION 1. returns. by law. or Speaker of the resign.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the presence of both houses of Congress. 3. Congress shall enact a law calling for a special election to elect a President and a VP. Both President and 1. the Senate President shall be the acting President until the deadlock is broken. Prohibited from receiving any other emolument from the government or any other source during their TENURE 2. SALARIES AND EMOLUMENTS 1. In case of a tie between 2 or more candidates. b) Within 7 days after convening. President-elect VP becomes President. Sec. In case this results in a deadlock. are inability. shall canvass the votes. 7. Official salaries are determined by law. chosen and qualified. permanently disabled. (Nominee forfeits seat in Congress) 4. voting separately. 2. after determining the authenticity and due execution of the certificates.
7. and the Chief of Staff of the AFP are entitled to access to the President Sec. or 12 days if Congress is not in session. Within 10 days after Congress is required to assemble. The VP will immediately be Acting President. Congress shall decide the issue. without need of a call. the Secretary of Foreign Affairs. DISQUALIFICATIONS and a QuickTime™ TIFF (Uncompressed) decompressor are needed to see this picture. IX-B. 13. in any Spouses and 4th degree relatives of the President (consanguinity or affinity) SUBJECT President. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. any other profession during their tenure. BUT: If the President transmits a written declaration that he is not disabled. the Vice-President will be Acting President until the President transmits a written declaration to the contrary. directly or indirectly.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. or special privilege granted by the government or any subdivision. b) Even during such illness. the majority of the Cabinet retransmits their written declaration. If within 5 days after the President reassumes his position. Sec. Congress shall reconvene within 48 hours if it is not in session. 2) Office of the Ombudsman. In this case. is needed to find the President temporarily disabled. Cabinet Members. VicePresident. 5. N. or in any franchise. Deputies or Assistants of Cabinet Members SOURCE OF DISQUALIFICATION Prohibited from: 1) Holding any office or employment during their tenure. 2) Practicing. of Justice sits on Judicial and Bar Council). Cannot be appointed during President’s tenure as: 1) Members of the Constitutional Commissions. 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. or the positions are ex-officio and they do not receive any salary or other emoluments therefor (e. 3) Department Secretaries. the public must be informed thereof. agency or instrumentality thereof. the National Security Adviser. 3) Participating business. Sec. ii. the VP will be Acting President. a 2/3 majority of both Houses. when he sends a written declaration to the Senate President and the Speaker of the House. including GOCC's or their subsidiaries. iv. VP can be appointed a Cabinet Member. 5) Chairman or heads of Page 37 of 125 . b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration. i.g.B. 6. UNLESS: • otherwise provided in the 4) Being financially interested in any contract with. In this event. of Finance is head of Monetary Board).g. Sec. voting separately. Presidential Illness: a) If the President is seriously ill. 4) Department undersecretaries. in which case. Constitution (e. he reassumes his position iii.
Officers of AFP from rank of colonel or naval captain (CA confirmation needed). b. The Ombudsman and his deputies. b. Congress may. Chairmen and members of the COMELEC. boards or commissions. President also appoints members of the Supreme Court and judges of the lower courts. No CA confirmation: a) Appointment.B. BUT: Congress cannot. 1) If the spouse. Page 38 of 125 . Heads of executive departments (CA confirmation needed): 2. by law. These appointments are effective immediately. NOTE: At any time before all four steps have been complied with. 2. Procedure: 1. c. and consuls (CA confirmation needed).. Scope: The President shall appoint the following: 1. NOTE: Once appointee accepts. 2) Spouses. a. Ad-interim appointments: 1. vest the appointment of other officers lower in rank in the President alone or in the courts. and b) Acceptance. such as: a. NLRC Commissioners. POWER TO APPOINT Principles: Power to appoint is executive in nature. CA confirmation needed: a) Nomination by President b) Confirmation by CA c) Appointment by President. This includes the Chairman and members of the Commission on Human Rights. 2. agencies. can be appointed to the judiciary and as ambassadors and consuls. by law. Sections 14-16. The President cannot extend the scope of the CA’s power as provided for in the Constitution. 5. and those whom he may be authorized by law to appoint. 4. When Congress is in recess. etc. 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. c. All other officers whose appointments are not otherwise provided for by law. was already in any of the above offices at the time before his/her spouse became President. or in the heads of departments. Bangko Sentral Governor).Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 bureaus or offices including GOCC’s and their subsidiaries. and d) Acceptance by appointee. but these appointments do not need CA confirmation. etc. the President can withdraw the nomination/appointment. d. TIFF (Uncompressed) decompressor are needed to see this picture. Regular members of the Judicial and Bar Council. he/she may continue in office. Ambassadors. While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices. COA and CSC. Appointments by an Acting President: N. the determination of who among those who are qualified will be appointed is the President’s prerogative..g. Sectoral representatives in Congress. whose appointments are provided for by law NOT by the Constitution. President can no longer withdraw the appointment. Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval. the President may still appoint officers to positions subject to CA confirmation. but are only effective until they are disapproved by the CA or until the next adjournment of Congress. NOT continuation in office. 3. N. What is prohibited is appointment and reappointment. require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e. Other officers whose appointment is vested in him by the Constitution (CA confirmation needed). other public ministers. 3.B. QuickTime™ and a d.
Proclaim a state of martial law. but the power of control necessarily includes the power of supervision. it may be taken away by statute. Power of Control and Supervision Sec. etc. Sec.” 2. Public safety requires it. Limitations: a. EXCEPTION: a) Can make TEMPORARY APPOINTMENTS b) To fill EXECUTIVE POSITIONS. such as Department Heads. BUT While the President may remove from office those who are not entitled to security of tenure. and c. to PREVENT or SUPPRESS: a. and employees entitled to security of tenure cannot be summarily removed from office. which are performed and promulgated in the regular course of business. Within 48 hours from the declaration or suspension. Suspension of the privilege of the writ of habeas corpus and declaring martial law. the President may call out the AFP 1. may revoke the same. 2. Thus. Lawless violence. and the President cannot set aside the revocation. 2. or those officers with no set terms. decisions of QuickTime™ and a TIFF (Uncompressed) decompressor Department Secretaries needsee this picture. are presumptively the acts of the President. Hence. Rebellion. 1. whenever necessary. Page 39 of 125 . b. c) If continued vacancies therein will prejudice public service or endanger public safety. and up to the end of his term. Scope: Being the Commander-in-Chief of the Armed Forces. and NOT from the power to control. the officers. by majority vote and voting jointly. The President’s power over government-owned corporations comes not from the Constitution but from statute. or set aside what a subordinate officer has done in the performance of his duties. Power of Supervision: This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates. The execution of laws is an OBLIGATION of the President. Limitation 1. 17. May also: a.appealed to the are needed to not be President in order to comply with the requirement of exhaustion of administrative remedies. and to substitute the judgment of the officer for that of his subordinate. The power of supervision does not include the power of control. Rebellion. modify. COMMANDER-IN-CHIEF POWERS POWER OF CONTROL: The power of an officer to alter. Grounds a. 3. or c. the President must submit a report to Congress. and b. Suspension or proclamation is effective for only 60 days. Exception: a. 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. 18. he can only interfere with the actions of their executive heads if these are contrary to law. Congress. b.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. If the acts are disapproved or reprobated by the President. Invasion or b. Invasion. b. the President or Acting President SHALL NOT make appointments. This is to prevent the practice of ‘midnight appointments. c. Disciplinary Powers: The power of the President to discipline officers flows from the power to appoint the officer. Qualified Political Agency: Generally the acts of these department heads. The power of the president over local government units is only of general supervision. 2 months immediately before the next Presidential elections. He cannot suspend the operation of laws. Suspend the privilege of the writ of habeas corpus. The invasion or rebellion must be ACTUAL and not merely imminent.
5 are unconstitutional a. 171489 (Cadiz. Even if the plaintiff who asserts a “public right”. PROCEDURAL 1. Martial Law does NOT: i. were implemented. Issues: A. NOTE: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review.O. PGMA issued PP1021 declaring that the state of national emergency has ceased to exist. or will sustain direct injury as a result”. Anyone arrested or detained during suspension must be charged within 3 days. Congress can extend the same for a period determined by Congress if: 4. 2006 Facts: G. rallyists were violently dispersed. 171483 (Kilusang Mayo Uno. 171400 (Alternative Law Groups. The appropriate proceeding can be filed by any citizen. Otherwise he should be released. Invasion or rebellion persist and 5. Courts will decide cases. iii. f. troop deployments in times of war are subject to the President’s judgment and discretion.). and the public. second. the exceptional character of the situation and the paramount public interest is involved. g. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. Automatically suspend the privilege of the writ of habeas corpus. e. if: first. fails to prove that he has a “personal and substantial interest in the case such that he has sustained. 141284 The factual necessity of calling out the armed forces is something that is for the President to decide. the actual use by the President of the armed forces is not. there is a grave violation of the Constitution. Inc. Supplant the functioning of the civil courts or legislative assemblies. Public safety requires it. ii. May 3. B. of Rebellion QuickTime™ and a TIFF (Uncompressed) decompressor David v. and fourth. 1017 declaring a state of national emergency. . 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. Declaration of State are needed to see this picture. G. President Arroyo issued Presidential Proclamation No. In the same manner. NOTE: Congress CANNOT extend the period motu propio. W/N the SC can review the factual bases of PP 1017 2. SUBSTANTIVE 1. et. W/N the issuance of PP 1021 renders the petitions moot and academic 2.al). including media. The SC can review the FACTUAL BASIS of the proclamation or suspension. third. when constitutional issue raised requires formulation of controlling principles to guide the bench. and 171424 (Legarda) have legal standing.). ii. 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. Facial Challenge b. PGMA’s issuance of PP 1021 did not render the present petitions moot and academic. ii. Zamora. Decision is promulgated within 30 days from filing.).R. W/N PP 1017 and G. No.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. the bar. at the President’s initiative. 2. otherwise moot and academic. Constitutional Basis c. et. iii. W/N the petitioners in 171485 (Escudero. et al. By virtue of PP1017. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function and iv.R. the case is capable of repetition yet evading review. On March 3. political rallies were cancelled. As Applied Challenge Held: A. Thus. All petitioners have locus standi. 2006. Macapagal-Arroyo* 171396. and warrantless arrests and take-over of facilities. Suspend the operation of the Constitution. Procedural 1. Suspension of privilege of the writ of habeas corpus: i. the requirement of locus standi may Page 40 of 125 IBP v. Supreme Court review: i.al.
provided the following requirements are met: a. but arbitrariness. Commutations 4. expressly or impliedle. there must be a showing that the issues raised are of transcendental importance which must be settled early. Sec.” Considering that “acts of terrorism” have not yet been defined and made punishable by the Legislature. B. . search. for legislators. i.” Legislative power is peculiarly within the province of the Legislature.O. 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. 3. the cases involve constitutional issues b. Where a conditional pardon is granted. In addition. there must be a showing of obvious interest in the validity of the election law in question. may not be sued in any civil or criminal cases. QuickTime™ and a TIFF (Uncompressed) decompressor 2. 5 is CONSTITUTIONAL since it provides a standard by which the AFP and the PNP should implement PP 1017. Cannot be granted: 1. No. Remittance of fines and forfeitures NOTE: The power to grant clemency includes cases involving administrative penalties. She can only order the military. d. by issuing PP 1017. the provision in PP 1017 declaring national emergency under Section 17. are granted. The assailed PP 1017 is unconstitutional insofar as it grants PGMA the authority to promulgate “decrees. c. Pardons (conditional or plenary) 2. to enforce laws pertinent to its duty to suppress lawless violence. for concerned citizens. for taxpayers. is totally bereft of factual basis. 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. for voters. Thus. the provisions of PP 1017 commanding the AFP to enforce laws not related to lawless violence. the determination of whether it has been violated rests with the President. the President may grant the following: [ Pa R C Re] 1. but such declaration does not authorize the President to take over privately-owned public utility or business affected with public interest without prior legislation. and there is no need to provide for it in the Constitution or law. G. However. or violate the citizen’s constitutional rights. the imposition of standards on media or any form of prior restraint on the press.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 be waived by the Court in the exercise of its discretion. e. are declared UNCONSTITUTIONAL. Substantive The Petitions are partly needed to see this picture. which is manifestly subject to state regulation. which pertains to a spectrum of conduct. Settled is the doctrine that the President. Limitations: A. Hence.O. As to how the Court may inquire into the President’s exercise of power. Before conviction In cases of impeachment Page 41 of 125 1. Reprieves 3. SUBSTANTIVE 1. during his tenure of office or actual incumbency. the standard laid down is not correctness. No. there must be a claim that the official action complained of infringes upon their prerogatives as legislators 3. there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional. Article VII of the Constitution is CONSTITUTIONAL. and not free speech. Garcia. such portion of G. 19: EXECUTIVE CLEMENCY Scope: After conviction by final judgment. there is nothing in it allowing the police. 5. 5 is declared UNCONSTITUTIONAL. under the principle of “transcendental importance”. in Lansang v. as well as the warrantless search of the Tribune offices and whimsical seizure of its articles for publication and other materials. whatever is “necessary and appropriate actions and measures to suppress and prevent acts of lawless violence. 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. are declared UNCONSTITUTIONAL for PP 1017 is merely an invocation of the President’s calling-out power. A. Review of Factual Bases 4. as well as decrees promulgated by the President. under PP 1017.e. Hence. to conduct illegal arrest. it is not proper to implead PGMA as a respondent. the various warrantless arrest. 4.
Power to receive ambassadors and other public ministers accredited to the Philippines. Approve with 2/3 majority. then under. undertake an obligation which indirectly circumvents a legal prohibition. 5. or c. if re-negotiated. although eligibility for the same may be restored. Amnesty: An act of grace concurred in by Congress. usually extended to groups of persons who commit political offenses. the treaty will go into effect without need of further Senate approval However. a. he must admit his guilt of the offense which is subject to such amnesty. If there’s conflict between treaty and municipal law.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 For violations of election laws. under international law. other public ministers. be it treaty or law. he can be convicted based on this admission of guilt. 2. Page 42 of 125 . NOTE: The President cannot. Sec. If his application is denied. 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. Foreign Relations Powers include: 1. 20. 2. Subject to such limitations as may be provided by law. and consuls. Philippine Courts: The later enactment will prevail. Section 21. Conditional does not. Amnesty V. As to effect: 1) Does not absolve civil liabilities for an offense. It must be proved. This power is vested in the President by virtue of his office. International tribunal: Treaty will always prevail. 2. by executive agreement. with suggested amendments which if re-negotiated and the Senate’s suggestions are incorporated. and regulations without the favorable recommendation of the COMELEC 3. Power to contract and guarantee foreign loans on behalf of the Republic Power to deport aliens a. 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. 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. Absolute pardon restores. May or may not restore political rights. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board. NOTE: While our municipal law makes a distinction between international agreements and executive agreements. which puts into oblivion the offense itself. there is no treaty. Disapprove outright. 2) Does not restore public offices already forfeited. 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. When a person applies for amnesty. In cases of civil or legislative contempt B. b. with the former requiring Senate approval and the latter not needing the same. and 4. Approve conditionally. Power to Contract or Guarantee Foreign Loans Limitations: 1. Civil indemnity is not extinguished. b. Only penalties are extinguished. A State cannot plead its municipal law to justify noncompliance with an international obligation. a. Monetary Board shall submit to Congress report on loans within 30 days from the end of every quarter. subject only to restrictions as may be provided by 3. rules. President alone CANNOT grant amnesty for it needs the concurrence by a majority of all the members of Congress. Power to appoint ambassadors. as it is the latest expression of the State’s will.
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. or in whicha full discretionary QuickTime™ and TIFF (Uncompressed) decompressor authority has been delegatedsee this picture. 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. c. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year. Political Questions: A ‘POLITICAL QUESTION’ is one the resolution of which has been vested by the Constitution exclusively in either the people. THE JUDICIAL DEPARTMENT Sec. they may neither attempt to assume or be compelled to perform non-judicial functions. Creation and abolition of courts: The power to create courts implies the power to abolish and even re-organize courts. d. 3. Sections 4-7. CTA. which entitles the alien to a full and fair hearing. for these questions have been vested by the Constitution in the Executive and Legislative Departments. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary. they cannot review government policy and the wisdom thereof. Qualifications of members of the: SC lower collegiate courts e. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. Sandiganbayan Natural born citizen of the Philippines Sec. appropriations shall be automatically and regularly released.g. ROLES OF CONGRESS Defining enforceable and demandable rights and prescribing remedies for violations of such rights. 2. The duties of the courts are 1. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. ARTICLE VIII. b. 1. Hence. and 2. Once approved. to settle actual controversies involving rights which are legally demandable and enforceable. Thus. then it is VALID. Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. 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. 1. in the exercise of their sovereign capacity. If the abolition/re-organization is done in good faith and not for political or personal reasons.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 legislation as regards to the grounds for deportation. while courts can determine questions of legality with respect to governmental action. The power to deport aliens is limited by the requirements of due process. FISCAL AUTONOMY The entire judiciary shall enjoy fiscal autonomy. Sec. CA. To whom vested: Supreme Court and such lower courts as may be established by law. BUT: The alien is not entitled to bail as a matter of right. are needed to to a co-equal branch of the Government. 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 . Note: The courts cannot be asked for advisory opinions. BUT. the President may still exercise this power. In the absence of any legislative restriction to authority.
Page 44 of 125 . Only by IMPEACHMENT SC Justices can be removed. A. 7. Regular members serve for 4 years. Appointments to the Judiciary President shall appoint from a list of at least 3 nominees for each vacancy. to the President of TIFF are needed to see this picture. Presidential decrees b. Other regulations. 2. Members of the Judiciary are NOT exempt from payment of income tax. JUDICIAL AND BAR COUNCIL Under the supervision of the SC. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. TENURE/DISCIPLINARY POWERS OF SC 1. Person of proven competence. application or operation of: (CODE: PPOIRO) a. THE SUPREME COURT Hearing of cases: En banc. Cannot be decreased during their continuance in office. Secretary of Justice. Chief Justice. Vacancies in lower courts should be filled within 90 QuickTime™ and a days from submission (Uncompressed) decompressor the JBC list. Election contests for President and VicePresident. Sections. No CA confirmation is needed for appointments to the Judiciary. 10. Cases required to be heard en banc: 1. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy. Treaty b. Disciplinary action against judges of lower courts: Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts. All cases required to be heard en banc under the Rules of Court: 3. Representative of the Integrated Bar 5. with staggered terms. Proclamations c. Administrative cases to discipline or dismiss judges of lower courts. All cases involving the constitutionality. 13. as an ex-officio member 3. Sec. and f. They cannot be disbarred while they hold office. C. and 8. Regular members are appointed by the President with CA approval. as an ex-officio member 4. A retired member of the SC. Private sector representative NOTE: The last four are the regular members of the JBC. A professor of law 6. All cases involving constitutionality of a/an: (CODE: T I L) a. as prepared by the JBC. B. SALARIES Salaries of SC Justices and judges of lower courts shall be fixed by law. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein. Members of the SC and judges of the lower courts hold office during good behavior until. or Divisions of 3. 3. but can be increased. probity and independence Sec. Law. Appeals from Sandiganbayan. a) The age of 70 years old. or 7. 4-6. Cases heard by a division where required majority of 3 was not obtained. as ex-officio chairman 2. 2. integrity. Instructions e. Ordinances. 11. or b) They become incapacitated to discharge their duties. 8.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. 6. 5. Representative of Congress. and from the Constitutional Commissions 4. Functions of JBC Principal function: recommend appointees to the Judiciary Exercise such other functions as the SC may assign to it. Orders d. Composition 1. International or executive agreement or c. 5. and 7.
or. Decisions of the Supreme Court: 1. or modify substantive rights. Exercise administrative supervision over ALL courts and the personnel thereof. mandamus. The person challenging the governmental act must have ‘STANDING’. and 5) All cases where ONLY errors or questions of law are involved. 4. The Integrated Bar. quo warranto. JUDICIAL REVIEW Definition Judicial Review is the power of the SC to declare a law. toll. a personal and substantial interest in the case such that he has sustained. or will sustain. and thus. in accordance with Civil Service Law. Members of the SC who took no part. Legal assistance to the underprivileged. proclamation. i. Reached in consultation before being assigned to a member for the writing of the opinion. APPELLATE jurisdiction over final judgments and orders in the following: 1) All cases involving the constitutionality or validity of any: treaty. 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. assessment or any penalty imposed in relation thereto. NOTE: This procedure shall also be observed by all lower collegiate courts (CA. other public ministers and consuls. treaty. 3. It should not diminish. or who dissented or abstained must state the reasons therefore. Pleading.e.. and the Sandiganbayan). 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. Limitations on Rule Making Power 1. iv. NOTE: This refers to foreign ambassadors. and habeas corpus. 5. direct injury as a result of its enforcement. The protection and enforcement of constitutional rights. instruction. The question involved must be RIPE FOR ADJUDICATION. 2. 2) All cases involving the legality of any: tax. Admission to the practice of law. only SC decisions are binding on all. 6. etc. subject to the appellate jurisdiction of the SC.e. law. Lower courts may also exercise the power of judicial review. QuickTime™ and a TIFF (Uncompressed) decompressor Page 45 of 125 . miscarriage of justice. and v. Order a change of are needed to seeplace of trial to avoid a venue or this picture. Appoint ALL officials and employees of the Judiciary. Only SC decisions are precedent. It should be uniform for all courts of the same grade 3. It should provide a simplified and inexpensive procedure for the speedy disposition of cases. ordinance etc. Temporarily assign lower court judges to other stations in the public interest. presidential order. international or executive agreement. Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned. 2. increase. 7. ordinance. Majority vote in a division should be at least 3 members. CTA. decree. practice and procedure in all courts. 3. Powers of the SC ORIGINAL jurisdiction 1) Cases affecting ambassadors. impost. 3. ii. unconstitutional. regulation. i. prohibition. iii. stationed in the Philippines 2) Petitions for certiorari. Promulgate rules concerning: i. Requisites: Code: [A R S E L] 1. An ACTUAL CASE calling for the exercise of judicial power 2. 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. 2. the government act must have had an adverse effect on the person challenging it.
are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference. it is considered as an ‘operative fact’ which at that time had to be complied with. Members are only removable by impeachment.\ 3. Each Commission may promulgate its own procedural rules. Reviewer in Political Law. 2. Memorandum decisions. Reviewer in Political Law. 2. any of its subdivisions.). Members of judiciary may not be designated to any agency performing a quasi-judicial or QuickTime™ and TIFF (Uncompressed) decompressor administrative functions. 10. 7. SC can appoint all officials and employees of the Judiciary (Nachura.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. 4. The Commissions may appoint their own officials and employees in accordance with Civil Service Law (Nachura. p. 10. Being a Constitutional body. Each is expressly described as “independent” 3. appellate jurisdiction may not be increased without its advice or concurrence. Engage in the practice of any profession. p. 7. 3. 2. 199-200. 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. and 4. during their tenure: 1. 8. 4. 14. or at the earliest opportunity. The question of Constitutionality must be raised in the first instance. Yorac. 2. judiciary enjoys fiscal autonomy. SC had exclusive power to discipline judges/ justices of inferior courts. The Chairmen and members cannot be removed except by impeachment. DECISIONS 1. Engage in the active management or control of any business. which. SC alone may order temporary detail of judges. increase or modify substantive rights (though subject to disapproval by the SC. and 11. Be financially interested. franchise. 6. 9. The salaries of the Chairmen and members are relatively high and may not be decreased during continuance in office. 6. 1. are not prejudiced by the subsequent declaration that the law is unconstitutional. 11. these vested rights. 192 SCRA 358). may not be abolished by statute. it may not be abolished by law. in any contract. picture. 9. Safeguards that guarantee Independence of the Judiciary: 1. 3. Page 46 of 125 . may be affected by the functions of their office. Commission on Audit (COA) Safeguards that guarantee Independence of Commissions: 1. They are constitutionally created. DISQUALIFICATIONS Disqualifications: Members cannot. SC may not be deprived of minimum and appellate jurisdiction. 209) Sec. Civil Service Commission (CSC) 2. They do not apply to quasi-judicial or administrative bodies nor to military tribunals. are needed to see this 8. The Commissions enjoy fiscal autonomy. Constitutional Commissions Independent Constitutional Commissions: 1. 5. SC has administrative supervision over all inferior courts and personnel.) ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS Sec. These rules only apply to courts. directly or indirectly. 5. Commission on Elections (COMELEC) 3. Thus. 2. The Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity. Hold any other office or employment. Each is conferred certain powers and functions which cannot be reduced by statute. Sec. acquired under such law before it was declared unconstitutional. The Chairmen and members may not be reappointed or appointed in an acting capacity (Brillantes v. Salaries of judges may not be reduced. Members of the judiciary enjoy security of tenure. The chairmen and the members are given fairly a long term of office of 7 years. where the appellate court adopts the findings of fact and law of the lower court. in any way. privilege granted by the government. 5. Decisions MUST state clearly and distinctly the facts and the law on which they are based. SC alone may initiate Rules of Court. provided they do not diminish.
5. 2. including GOCCs with original charters. which are final.e. and 4. 6. Incumbent members do not lose any salary. . Limitation: single term only. exercise the power to disapprove rules of "special courts and quasi-judicial bodies. With proven capacity for public administration. 3. 2. 5. DECISION MAKING/APPEAL Decision-Making: 1. NOT candidates for any elective position in the elections immediately preceding their appointment. RULES OF PROCEDURE Procedures: 1. 5(5). COMELEC may sit en banc or in 2 divisions. Sec. (i. GOCC's and their subsidiaries. Modify substantive rights. Diminish. in appropriate cases. a. 7. agencies of the government. Sec. At least 35 years old at the time of their appointments." b. COMPOSITION/QUALIFICATIONS/TERM Composition: 1. No temporary appointments. Decisions. a. If incorporated under the Corporation Code. Power of SC a. including Appeals: 1. 2. b. 7 years (except for the 1 appointees where the Chairman has 7 years. Enforcement: It has been held that the CSC can issue a writ of execution to enforce judgments. 3. 3. The SC has are needed to see thisa majority decision held that picture. instrumentalities. Appointees by the President to the CSC need Commission on Appointments (CA) confirmation Term: st 1. Rules: The Commissions may promulgate their own rules EN BANC. Limitation: The rules shall not: a. b. instrumentalities. branches. Election cases. and no one member can decide a case for the entire commission. it does not fall within the Civil Page 47 of 125 NOTE: The Ombudsman and his deputies are subject to the same qualifications. decided by a division of the COMELEC is a valid decision. As COLLEGIAL BODIES. the Rules of Court prevail. 1 Commissioner has 5 years while another has 3 years) 2. exercise JUDICIAL REVIEW Sec. 4. The SC may. or c. In proceedings before a court. SALARIES 1. 2. orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65. orders or ruling of the CSC should be appealed to the CA under Rule 43. Scope: The Civil Service embraces all: 1. Appointment to vacancy: only for unexpired term of predecessor 4.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 agencies. each commission must act as one.1. 3. under Art. THE CIVIL SERVICE COMMISSION Sec. however. no reappointment 3. VIII Sec. including pre-proclamation controversies are decided in division. Increases take effect IMMEDIATELY. d. Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. 3. the rules of the Commission prevail. The SC may not. Increase. Natural-born citizens of the Philippines. Commissioners – 2 commissioners Qualifications: 1. Chairman 2. The Chairman cannot ratify a decision which would otherwise have been void). 2. "With Original Charter" means that the GOCC was created by special law/by Congress b. with motions for reconsideration filed to the COMELEC en banc. 2. 2. c. Decreases in salaries only affect those members appointed AFTER increase. In proceedings before the Commissions. QuickTime™ and a TIFF (Uncompressed) decompressor c. subdivisions. 4. Decisions. Sec. Salaries are fixed by law and shall not be decreased during their TENURE. or appointments in acting capacity.
D. Competitive positions According to merit and fitness to be determined by competitive examinations. as far as practicable except to positions which are policy-determining. The CSC CANNOT see this picture. 3. Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. 2. there is no removal. as long as the appointee is himself qualified. Such person has no vested right to the position and the appointing Page 48 of 125 . F. close intimacy insures freedom of intercourse without betrayals of personal trust. The CSC cannot disapprove an appointment just because another person is better qualified. and is not subject to the CSC jurisdiction. primarily confidential. Non-career service officers and employees do not enjoy security of tenure.requires technical skill to a superior degree. it ceases to fall under CSC.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Service. Entrance based 1. For "LEGAL CAUSE" . must be substantial (directly affects the rights & interests of the public) 3. RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. If there is GENUINE loss of confidence. If previously government-controlled. 2. but is later privatized. or c) Limited to the duration of a particular project for which purpose the employment was made. c. With opportunity for advancement to higher career positions. Next-In-Rank Rule While a person next in rank is entitled to preferential consideration. 3 kinds a. They only differ in the MANNER in which they are filled. Appointments to civil service shall be: A. E. 2. Non-competitive positions 1. b. Entrance on bases on merit and fitness OTHER than usual to be determined as tests of merit and far as practicable by fitness.more than ordinary confidence. No need for competitive examinations. authority is not bound to appoint the person next in rank. Primarily confidential officers and employees hold office only for so long as confidence in them remains. Security of tenure for Non-competitive positions a. competitive examinations or based on highly technical qualifications. b) Coterminous with the appointing authority or subject to his pleasure. Highly technical . and no one else. Both types of positions are entitled to security of tenure. and b. 2. B. related to and affects the administration of office. Primarily confidential . C. Security of Tenure: 1. Tenure (Classification of Positions) Career Service Non-Career Service 1. Entitled to security 2. Jurisdiction is determined as of the time of filing the complaint. Policy-determining . QuickTime™ and a TIFF (Uncompressed) decompressor 3. it does not follow that only he. but merely the expiration of the term of office c. NOT the administrative or legislative description given to it. can be appointed.Cause is: a. Tenure limited to: of tenure a) Period specified by law. Who may be appointed: 1.formulate a method of action for the government b. d. are needed to add qualifications other than those provided by law. or highly technical. The TEST to determine whether non-competitive is the nature of the responsibilities. c. It guarantees both procedural and substantive due process.
government or GOCC's or their subsidiaries b. any subdivision. abolition must be made: 1. including GOCC's and their subsidiaries. 8. EXCEPTION: Unless specifically authorized by law a. Appointive officials a. Not in violation of law. Cannot accept any present. Sec. and 3. To be eligible to hold any other office. Page 49 of 125 . Abolition of Office To be valid. 6-7. Not protected by security of tenure . 2. Cannot give campaign contributions or distribute campaign materials. one who is not appointed by the proper appointing authority does not acquire security of tenure. VII. They are governed by the stricter prohibitions contained therein. Indirect Compensation 2. the elected official must first resign from his office g. Double compensation: when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer c. Not eligible for appointment or designation in ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure. Cannot be appointed to any office in the are needed to see this picture. or by the primary functions of his position. COMPENSATION 1. Sec. (good faith is presumed) 2. Even Congress cannot. 13. Pensions and gratuities are NOT considered as additional. Period of disqualification: (1) year after such election. and those officers mentioned in Art. b. One must be VALIDLY APPOINTED to enjoy security of tenure. Cannot hold any other office or employment in the government. In good faith. EXCEPTION: Unless otherwise allowed by law. double. No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity 1. Not for political or personal reasons. 4. Losing candidatesQuickTime™ election in any and a TIFF (Uncompressed) decompressor a. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned. b. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3. If they are separated. 3. b. A Congressman may sit in the Judicial and Bar Council f. EXCEPTION: May hold ex officio positions. title of any kind from foreign governments UNLESS with the consent of Congress. agency. BUT: They can only be removed by the one who appointed them 3. by law. Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure. This exception DOES NOT APPLY to Cabinet members. Thus. Prohibitions: apply to elected or appointed officers and employees cannot receive: a. The Vice President may be appointed as a Cabinet member e. bonus b.can be removed anytime even without cause 2. Temporary employees are covered by the following rules: 1. authorize the appointment of an elective official. office. instrumentality. or indirect compensation. 2. this is considered an expiration of his term. Entitled only to such protection as may be provided by law. Elective officials a. and to mention the names of the candidates whom he supports. DISQUALIFICATIONS Disqualifications: 1.e. 4.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. 4. Examples: d. Prohibition does not apply to department secretaries Right to organize The right to organize does NOT include the right to strike Sec. c. Cannot solicit votes in favor of a particular candidate. emolument. BUT: Allowed to express views on political issues. Additional compensation: an extra reward given for the same office i. 3.
ii. knowledge. plebiscite. If it is a pre-proclamation controversy. Holders of college degrees. Its jurisdiction over ‘contests’ (after proclamation). orderly. and registration of voters. 6 Commissioners Qualifications: 1. 1Chairman and 2. 2. Appellate jurisdiction over all contests involving: i. and qualifications of all elective b.3 yrs) 2. legal procedure. i. Deputize. Decisions.COMPOSITION/QUALIFICATIONS/TERM Composition: (7) 1. including the Chairman must be: a. is in exercise of its judicial functions. appointment of election officials and inspectors. Members of the Philippines Bar b. the President cannot designate an incumbent commissioner as acting Chairman. except those involving the right to vote. 5. Majority of the Commission. The choice of temporary chairman falls under the COMELEC’s discretion. At least 35 years old at the time of appointment 3. Ex: COMELEC can enjoin construction of public works within 45 days of an election. Not candidates for any elective position in the immediately preceding elections.” 6.1. Natural-born citizens of the Philippines. returns. b. which requires the application of law. all questions affecting elections. Regional. 1 Member . referendum. Sec. the COMELEC exercises quasijudicial/administrative powers. final orders. Appointments subject to CA approval Term: st 1. prohibition and mandamus in exercise of its appellate jurisdiction. Elective barangay officials decided by trial courts of limited jurisdiction.7 yrs. or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final. with the concurrence of the President. Exclusive original jurisdiction over all contests relating to the elections. LIMITATION: Single term only: no reappointment allowed 3. The COMELEC may issue writs of certiorari. including the Armed Forces of the Philippines. ii. executory. No temporary appointments. and not appealable. iii.5 yrs. Provincial. and City officials Page 50 of 125 . and credible elections. see this picture. Appointment to a vacancy: only for unexpired portion of predecessor’s term 4. 3 Members . Decide. peaceful. or appointments in acting capacity a. c. Thus. 4. training and experience. 2. 2 Members . Contempt powers i. for the exclusive purpose of ensuring free. iii.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 THE COMMISSION ON ELECTIONS Sec. honest. Engaged in the practice of law for at least 10 years: “any activity in or out of court. NOTE: Questions involving the right to vote fall within the jurisdiction of the ordinary courts. and 4. law enforcement agencies and instrumentalities of the Government. 2. d. POWERS AND FUNCTIONS Powers: 1. It CANNOT exercise this in connection with its purely executive or ministerial functions. and recall. Exercise: a. are needed to initiative. Exception: Appealable to the SC on questions of law. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. Enforce and administer all laws and regulations relative to thea conduct of an QuickTime™ and TIFF (Uncompressed) decompressor election. This is not an inherent power. 3. e. Elective municipal officials decided by trial courts of general jurisdiction ii. including determination of the number and location of polling places. 7 years (1 appointed: Chairman -7 yrs.
COMELEC can deputize prosecutors for this purpose. b.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. COMELEC (GR No. where appropriate. 4. or recall. 5. special privileges or concessions granted by the Government or any Page 51 of 125 7. File. ”Decisions” mean resolutions on substantive issues. 9. If a division dismisses a case for failure of counsel to appear. NOTE: In Balajonda v. the COMELEC CAN ORDER IMMEDIATE EXECUTION OF ITS OWN JUDGMENTS. b. EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers. Election cases should be heard and decided in division. in addition to other penalties that may be prescribed by law. c. MAKING RULES OF PROCEDURE/ DECISION- Rules of Procedure 1. Registration of political parties. 166032). or decision. and to prevent and penalize all forms of election frauds. including limitation of places where propaganda materials shall be posted. a. must present their platform or program of government. SUPERVISION/REGULATION OF FRANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises 1. Sec. Groups which seek to achieve their goals through violence or unlawful means iii. offenses. Preliminary investigation conducted by COMELEC is QuickTime™ and a valid TIFF (Uncompressed) decompressor are needed to see this picture. Sec. Submit to the President and the congress a comprehensive report on the conduct of each election. investigate and. There should be sufficient publication c. plebiscite. If accepted. Decision-Making 1. Recommend to the President the removal of any officer or employee it has deputized. upon a verified complaint. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities. petitions in court for inclusion of exclusion of voters. This power is NOT limited to the election period. Recommend to the Congress effective measures to minimize election spending. or the imposition of any other disciplinary action. the Motion for Reconsideration here may be heard by the division. 6. b. Groups which cannot be registered: i. media of communication or information. 2. or coalitions/accreditation of citizens’ arms of the Commission on Elections. a. COMELEC can sit en banc or in two divisions 2. . a. 8. prosecute cases of violations of election laws. 3. Religious denominations/sects But not applicable to political parties with religious affiliation or which derive their principles from religious beliefs ii. Groups which are supported by any foreign government such as financial contributions related to elections. The actions of the prosecutors are the actions of the COMELEC c. offenses and malpractices. The political parties etc. it is an additional ground for the cancellation of their registration with the Commission. Groups which refuse to uphold and adhere to the Constitution iv. and nuisance candidacies. What can COMELEC supervise or regulate a. b. or disobedience to its directive. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. Grants. including pre-election controversies. malpractices. or on its own initiative. referendum. for violation or disregard of. initiative. Applies to both criminal and administrative cases. b. It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases. organizations. order. However. including acts or omissions constituting elections frauds. motions for reconsideration of decisions should be decided by COMELEC en banc.
When can COMELEC exercise this power a. b. organization. Sec. Sec. including any GOCC or its subsidiary 2. or suspension of sentence for violation of election laws. 1. 11. 2. Importance of registrationtoof a political party are needed see this picture. organizations. EXCEPTION: those registered under the party-list system Sec. 2. QuickTime™ and a TIFF (Uncompressed) decompressor Page 52 of 125 . rules. 3. plebiscites. the election period commences 90 days before the day of the election and ends 30 days thereafter. 10. Sec. It identifies the party and its officers for purposes of regulation by the COMELEC. During the election period i. Funds should be certified by the COMELEC as necessary. COMELEC may not regulate media practitioners. COMELEC and the MEDIA 1. Applies not just to elections but also to plebiscites and referenda. 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. Prohibition on block-voting 1. 8. agency or instrumentality thereof. 1. Under Article XI. Poll Watchers Political parties. For example. 7. Other similar bodies. are entitled to appoint poll watchers in accordance with law. or coalition shall be valid. ii. etc. Plebiscite: Submission of constitutional amendments or important legislative measures to the people for ratification 4. 5. No votes cast in favor of a political party.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 subdivision. initiative. Sec. 3. COMELEC cannot compel print media to donate free space to the COMELEC. Voters’ registrations boards. Power of COMELEC is over franchises and permits. No pardon. Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections. amnesty. or coalitions registered under the party-list system shall NOT be represented in the following: 1. COMELEC can fix a period. Release of funds Once approved. funds should be released automatically upon certification by the Chairman of COMELEC. PARTY LIST SYSTEM No Right to be represented in Various Boards Political parties. parole. NOT individuals. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. except for those registered under the party-list system as provided in this Constitution. 3. It informs the public of the party's existence and ideals. 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. shall provided in the regular or special appropriations. referenda and recalls. however. Boards of election inspectors. and divisions. It may. for this would violate the freedom of expression. compel it to provide space after paying just compensation. Boards of canvassers. 2. FUNDING How provided: 1. 2. General rule: Block voting NOT allowed 2. and regulations shall be granted by the President without the favorable recommendation of the Commission. Sec. 2. or 4. Registration confers juridical personality on the party. Section 9. In special cases. Discrimination includes unequal treatment in the availment of media facilities. 6.
COA may adopt measures. Must not have been candidates for any elective position in the elections immediately preceding their appointment. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Page 53 of 125 2. no reappointment allowed 3. Chairman. and offices granted fiscal autonomy. Bar with 10 years of practice. Examine and audit all forms of gov’t expenditures c. If COA finds internal control system of audited agencies as inadequate. audit. . 2. and the adoption of internal rules of control.COMPOSITION/QUALIFICATIONS Composition: 1. POWERS 1. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure. To decide administrative cases involving expenditures of public funds. which may be adjusted simply by arithmetic process. or b. b. Natural-born citizens of the Philippines 2. which are required by law of the granting of institution to submit to such audit. unnecessary. Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term Sec. NOTE: 1. Conduct post-audit with respect to the following: a. c. 5. LIMITATION: Single terms only. Expenditures and uses of funds or property Owned or held in trust by. Examine and audit all forms of government revenues. 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. 5. Commissioner2-3 yrs) 2. 3. The Government. including temporary or special pre-audit. 6. d. Members cannot all belong to the same profession. and 2. Non-governmental entities receiving subsidies or equity. Autonomous state colleges and universities. COA can settle only LIQUIDATED ACCOUNTS or those accounts. Promulgate accounting and auditing rules and regulations. commissions. a. Promulgate accounting and auditing rules (including those for the prevention of irregular…expenditures). Members of Phil. b. The functions of COA can be classified as: a. Including GOCC’s with original charters. Commissioners (2). Commissioner1-5yrs. Examine. 3. 4. e. Either: a. Any of its subdivisions. At least 35 years old at the time of their appointment. Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and methods required therefor. b. agencies or instrumentalities. 3. Keep the general accounts of the government. COA does not have the power to fix the amount of an unfixed or undetermined debt. 2. or unconscionable expenditures or uses of government funds and properties. directly or indirectly. 4. 4. extravagant. from or through the government. Constitutional bodies. and settle accounts pertaining to: a. Settle gov’t accounts d. 7 years (1 appointees) Chairman-7yrs. excessive. Revenue and receipts of funds or property. Qualifications: 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 THE COMMISSION ON AUDIT Section1. Including those for the prevention or disallowance of irregular. or pertain to: 1. GOCC’s and their subsidiaries incorporated under the Corporation Code. Subject to confirmation of the CA. or b. 3. 6. Term: st 1. 2. as may be necessary. CPA’s with at least 10 years auditing experience. preserving vouchers and other supporting papers pertaining thereto.
Sec.1. Provinces exercise DIRECT supervision over component cities and municipalities. however. 4. and resources. it becomes the ministerial duty of the COA to approve and pass in audit vouchers for payment: a. The President exercises DIRECT supervision over a. Autonomous regions and c. entered into in conformity with the above-mentioned law. from the jurisdiction of the Commission on Audit. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES Page 54 of 125 . Where the following requirements are complied with. Payment has been authorized by officials of the corresponding department or bureau. Barangays There shall be Autonomous regions in: 1. This is because COA’s interest in such accounts is merely administrative. Sec. made by the proper officer. initiative. and referendum. The President may. such as suspension for 120 days. Cities and municipalities exercise DIRECT supervision over component barangays. There is a law appropriating funds for a particular purpose. election. 7. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever. 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. Local Autonomy 1. and not by law. Provinces 2. ARTICLE X: LOCAL GOVERNMENT Sec. a. SEC. term. While Congress can abolish or eradicate individual units. created by the Constitution can be replaced by AMENDMENT. These political subdivisions. There is a contract. TIFF (Uncompressed) decompressor Cordillera ADMINISTRATIVE region] are needed to see this picture. 3. it cannot abolish an entire class of LGUs Sec. as attested by the proper officer. Muslim Mindanao. 6. 6. in accordance with law. PRESIDENTIAL SUPERVISION OF LGUS Supervision of President 1. and all other matters relating to the organization and operation of the local units. 5. The goods or services covered by such contract have been delivered or rendered in pursuance to such contract. 2. This power is limited to ensuring that lower officers exercise their functions in accordance with law. impose administrative sanctions against LGU officials. Independent cities. Judiciary may still pass on LGU actions b. Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. 3. NOTE: 1. 2.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 5. appointment and removal. All political subdivisions shall enjoy local autonomy 2. c. and 4.TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1. and d. President may exercise disciplinary power over LGU officials. Cities. powers and functions and duties of local officials. The President exercises GENERAL supervision over all LGUs 2. 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.4. and may even remove them from their posts. A third autonomous region would require a constitutional amendment. salaries. or any investment of public funds. and provide for the qualifications. 3. allocate among the different local government units their powers. 3. The President cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law. and 2. Sec. b. 5. responsibilities. 3. This does not mean that the LGUs are completely free from the central government. 7. Municipalities. Provinces b. Cordilleras [At QuickTime™ and ait is only the present.
This is released. 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. fees. Forestry and fishery charges 4. 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. WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM. Third sector (can choose from any of the following) a. directly to the provincial. President can make the necessary adjustments in the IRA upon the recommendation of the following: i. abolition and division of LGU’s 1. 4. Ground: Unmanageable public section deficit b. Department of Finance Secretary ii.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 OF REVENUE/LEVY TAXES. It is subject to such guidelines and limitations as Congress may provide. Guingona) Sec. 7. AS DETERMINED BY LAW. DBM Secretary 6. Limitations: 1. Under the LGC: CODE: MR. fees and charges shall accrue exclusively to the local governments. 8. The workers 3. No elective official shall serve for more than 3 consecutive terms 2. 2. Creation.6. Royalties 3. Any other sector as may be determined by the sanggunian SEC. 3. Adjustments in IRA a. Share of LGUs in national taxes is limited to the internal revenue taxes. 2. without need of any further action. charges The taxes. Release is made on a quarterly basis within 5 days after the end of each quarter. are needed see conversion from one political subdivision to the next. Internal Revenue Allotment (IRA) 1. 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. 10. Sec. Accrual of taxes. Compliance with the requirements of the Local Government Code. 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. See Local Government Code for examples. Requisites a. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES. have a term of 3 years. SEC. The women’s sector 2. Urban poor b. 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. The guidelines set by Congress should be consistent with the basic policy of local autonomy. Disabled persons d. DILG Secretary iii. municipal or barangay treasurer. joint venture or production sharing agreement in the utilization and development of the national wealth w/in their territorial jurisdiction SEC. TERM OF OFFICE Term of Office Elective local officials. This includes sharing the same with the inhabitants by way of direct benefits. and Page 55 of 125 . Share in any co-production. now including barangay officials. Other taxes. Limitations on Power 1. SHARE OF LGUS IN NATIONAL WEALTH Share of LGUs in national wealth 1. This should not be subject to any lien or holdback that may be imposed by the national government for whatever purpose. Indigenous cultural communities c. (Alvarez v. FEES AND CHARGES ETC. city. 9. 2. Mining taxes 2. fees and charges 5.-FOS LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from 1.
Congress may create special metropolitan political subdivisions by law. AUTONOMOUS REGIONS Where: Muslim Mindanao and the Cordillera region Factors: 1. and not just the area to comprise the new province. 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. Sec. Component cities (cities still under provincial control). Creation: Provided BY LAW. real estate. Basic Autonomy of Component Cities and Municipalities The component cities and municipalities retain their basic autonomy. Only those Provinces. Cities. Administrative decentralization 2. 2. and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region. 15. Regional heads of departments and other government offices 3. 14. Services and Resources It is optional on the part of LGUs as shown by the use of the word “may”. plebiscite will include voters of the ENTIRE province. It is subject to a plebiscite Jurisdiction of Metropolitan authority It is limited to basic services requiring coordination. Coordination among LGUS Consolidation and Coordination of Efforts. TIFF (Uncompressed) decompressor are needed to see this picture. Representatives of NGOS within the regions For Purpose of: 1. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected. Highly urbanized (as determined by law) 2. Territorial integrity. National sovereignty 7. LGC requirements relate to matters such as POPULATION. LGC. Special Metropolitan political subdivisions Creation: 1. 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. Thus. 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. 11. Sec. 2. SEC. and 3. and AREA requirements. Economic and social structures. It can be done for purposes commonly beneficial to them in accordance with the law. Highly urbanized cities and independent component cities are independent of the province. Other relevant characteristics within: 5. 13. Page 56 of 125 Sec. They shall be entitled to their own local executive and legislative assemblies. Cultural heritage 3. To strengthen local autonomy 3. CITIES Classification of Cities: 1. Local government officials 2. 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. 4. 2. Historical heritage 2. 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. Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through MEMORANDA OF AGREEMENT. REVENUE. To accelerate the economic and social growth and development of the units in the region Sec. equipment and other kinds of property 2. 12. . The framework of the constitution 6. 3. if a province is to be divided into 2 separate provinces.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Contribute funds.
family and property relations 5. integrity. Ombudsman 2. To be exercised seewithin its territorial are needed to this picture. social.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 If only 1 province approved the law. 8. 2: IMPEACHMENT/REMOVAL FROM OFFICE SEC. 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. Limitations: 1. Personal. he can be charged with the appropriate offense. Grounds (CODE: CT-GOBB) a. add to the list of impeachable offenses. 1: PUBLIC OFFICE AS A PUBLIC TRUST The President To ensure that the laws are faithfully Page 57 of 125 . serve them with utmost responsibility. These officers cannot be charged in court with offenses that have removal from office as penalty. 17. Constitutional Commission members e. by law. Sec. Sec. Ancestral domain and natural resources 4. 7. Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: 1. functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested in the National Government. urban. Examples: 1) Foreign relations. betrayal of public trust f. Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region. Impeachment: (as means of removal from office) 1. Procedure: 1. 16. ARTICLE XI: OFFICERS of the national ACCOUNTABILITY OF PUBLIC Sec. Creation of sources of revenues. President b. Regional. GENERAL SUPERVISION AUTONOMOUS REGIONS By Whom: Purpose: executed. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY Peace and Order It shall be the responsibility of the local police agencies. and rural planning development. Who may be impeached: a. Educational policies. loyalty and efficiency. other high crimes or e. and tourism development. and 9. Can be filed by: Defense and Security It shall be the responsibility government. Economic. graft and corruption d. NO AUTONOMOUS REGION is created. 21. act with patriotism and justice and lead modest lives. BUT AFTER an official has been impeached. 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. bribery NOTE: It is an exclusive list. 20. Administrative organization. Subject to the provisions of the Constitution and national laws QuickTime™ and a TIFF (Uncompressed) decompressor 2. Filling of verified complaint. jurisdiction Sec. Culpable violation of the Constitution b. 3. he can still be impeached. Preservation and development of the cultural heritage. All powers. 6. 2. OVER Public officers and employees must at all times be accountable to the people. treason c. VP c. 2) National defense and Security 3) Monetary Affairs Sec. SC Justices d. Congress cannot.
Any member of the House of Representatives or b. Of recognized probity and independence 4. February 16. 7. 6. and by a majority vote of ALL its members. When the President of the Philippines is on trial. Affirm a favorable resolution with the Articles of Impeachment of the Committee or b. Ombudsman/Tanodbayan 2. Judgment of Conviction This requires the concurrence of 2/3 of all the Members of the Senate Effect of the Impeachment 1. 2. Cannot hold any other office or employment during his tenure 2.at least one Deputy each for Luzon. Natural born citizen of the Philippines 2. Removal from office of the official concerned QuickTime™ and a TIFF (Uncompressed) decompressor 2. 8. it shall constitute the Articles of Impeachment. Officer still liable to prosecution. Section 2) 1. Cannot be financially interested. in mandating the inclusion of “ presidents. Any citizen upon a resolution or endorsement by any Member of the House or c. Engaged in the practice of law in the Philippines Disqualifications/Prohibitions (under Article IX. 4. 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. Ratio: The fact that legislature. At least 40 years old at time of appointment 3. 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. 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. Deputy for military establishment may be appointed Qualifications: (Ombudsman and his deputies) 1. after hearing. 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. A judge or b. Member of the Philippine bar 5. Visayas and Mindanao. Sandiganbayan.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. in any contract with or in any Page 58 of 125 . Composition: 1. the CJ of the Supreme Court presides. and punishment if the impeachable offense committed also constitutes a felony or crime. or managers of government-owned and controlled corporations” within the jurisdiction of the Sandiganbayan. For Ombudsman: He must have been for ten years or more a. To override its contrary resolution Sec. Overall deputy . are to to see any office under the Republic of the Philippines 3. However. he/she will not vote. 5. 2005 451 SCRA 413. Disqualification neededhold this picture. directly or indirectly. For this purpose. the Senators shall be under oath or affirmation. 3. 4. Sections 5-6. Trial in the Senate Senate has the sole power to try and decide all cases of impeachment. trial. Must not have been candidate for any elective office in the immediately preceding election 6. Trial in the Senate shall proceed. SANDIGANBAYAN Sandiganbayan = the anti-graft court People v. directors or trustees. 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.
agency or instrumentality thereof. and to Page 59 of 125 . demotion. d. or instrumentality thereof. prevent. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. e. any act or omission of any public official. In this regard. unjust.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 franchise or privilege granted by the Government. Of other officials and employees of the Office of the Ombudsman 1. 7 years with reappointment 2. b. Direct. and recommend his removal. Functions and Duties of the Office of the Ombudsman 1. Direct the officer concerned to take the appropriate action against a public official or employee at fault. or to stop. this is not a penalty. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office Rank/Salaries: 1. any of its subdivisions. B. The Ombudsman or Tanodbayan may use mandamus to compel the fiscal to prosecute. Investigate on its own. All vacancies shall be filled within 3 months after they occur. or inefficient. c. and ensure compliance therewith. when such act or omission appears to be illegal. b. “INVESTIGATE” does not mean QuickTime™ and a TIFF (Uncompressed) decompressor preliminary needed to see this picture. In accordance with Civil Service Law Term: (Ombudsman and deputies) 1. Request any government agency for assistance and information necessary in the discharge of its responsibilities. GOCC’s with original charters c. a. and may require that proper legal steps are taken by the officers concerned. suspension. Any subdivision. 4. employee. the Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors. Direct the officer concerned. or on complaint by any person. or iii. as well as of any government-owned or controlled corporation with original charter. Final say to prosecute still rests in the executive department. agency. The Ombudsman does NOT himself prosecute cases against public officers or employees. and correct any abuse or impropriety in the performance of duties. 3. and report any irregularity to COA for appropriate action. Their salaries cannot be decreased during their term of office. 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. b. including GOCCs or their subsidiaries Appointment: A. f. a. The complaint need not be drawn up in the usual form. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption. or prosecution. Vacancies will be filled from a list of 3 nominees 2. c. Powers. improper. The Ombudsman has PERSUASIVE POWER. But. even if they are under the Supreme Court. to perform and expedite any act of duty required by law. agencies or instrumentalities. censure. are investigation. Appointments do NOT require confirmation 3. Such may be delegated. The power to investigate includes the power to impose preventive suspension. The Government ii. The public official or employee must be employed in: i. or any subdivision. in any appropriate case. any public official or employee of the government. a. The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or employee concerned. office or agency. By the Ombudsman 2. Of Ombudsman and deputies 1. The Members have the rank of members of a Constitutional Commission 3. upon complaint or at its own instance. 2. fine. ANY illegal act may be investigated by the Ombudsman. The Ombudsman has the rank of Chairman of a Constitutional Commission 2. 3.
etc. if necessary. pertinent records and documents. 2. Section 7: PROCECUTOR OFFICE OF THE SPECIAL Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription. Their right to prosecute criminally these officials and employees may prescribe. the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases. If the loan. Members of Congress 5. The above mentioned officials cannot obtain. Members of the Cabinet 4. Section 16: PROHIBITION FINANCIAL TRANSACTIONS ON CERTAIN Coverage: This prohibition applies to: 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 examine. In appropriate cases. agency or instrumentality including GOCCs and their subsidiaries. is NOT for business purpose. 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. 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. Determine the cause of inefficiency. a housing loan. mismanagement. it should notify the complainants of the action taken and the result thereof. Any firm or entity in which they have controlling interest When prohibition applies: during their TENURE. Government owned or controlled financial institutions. . Guarantees c. Laches. directly or indirectly for BUSINESS PURPOSES: a. NOTE: According to Jack. the prohibition does not apply.g. laches or estoppel. Members of Constitutional Commissions Ombudsman 7. Government owned or controlled banks. President 2. Section 17: Statements of assets. 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. or any subdivision. Loans b. Vice-President 3. 5. Public matters covered by its investigation when circumstances so warrant and with due process 6. or ii. liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets. When declaration shall be disclosed to the public: Page 60 of 125 Under the 1987 Constitution. Members of Supreme Court 6. fraud and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency 7. Its approved annual appropriations should be automatically and regularly released. e. red tape. Scope of prohibition: 1. liabilities and net worth upon assumption of office and as often as required under the law. Fiscal Autonomy: The Office of the Ombudsman enjoys fiscal autonomy. Other forms of financial accommodation from: i.
or to acquire immigrant status in another country shall be dealt with by law. Other constitutional offices 8. 468 SCRA 37. President 2.e. cooperatives. 2005 Ratio: A judge’s high case load. Vice-President 3. August 25. It should be through industries that make full and efficient use of human and natural resources. income and wealth. 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. and other circumstances allegedly beyond her control does not absolve a judge from liability for failure to decide a case within the reglementary period. It should be based on sound agricultural development and agrarian reform 2. Dominium: a. Industries should also be competitive in both domestic and foreign markets. August 16. GOALS OF THE NATIONAL ECONOMY Three-fold goal: 2. 2. If Philippine citizenship is one of the qualifications to the office. Lantion*. Expanding productivity. and similar collective organizations. persons running for elective offices. shall be encouraged to broaden the base of their ownership. and 4. 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. Incumbent public officers and employees who seek either change in his citizenship. More equitable distribution of opportunities. b. as the key to raising the quality of life for all. The State shall promote industrialization and full employment 1. ARTICLE XII PATRIMONY – NATIONAL ECONOMY AND SEC. i. 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. 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. 3. Justices of the Supreme Court 6. 3. the loss of such citizenship means the loss of the office by the incumbent. Members of Constitutional Commissions 7. period as mandated by the Constitution. 4. The Election Code provides the rules with respect to non-incumbents. and prior to. heavy work load.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. Members of the Cabinet 4. Scope: Page 61 of 125 . Bacolod City*. The capacity of the State to own and acquire property. Members of Congress 5. Role of Private Enterprises Private enterprises. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people. his being assigned in other salas with also heavy case load. 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. the filling of the certificate of candidacy. Chan v. 1. Section 2. REGALIAN DOCTRINE Distinction between Imperium and Dominium Imperium: Government authority possessed by the State which is appropriately embraced in sovereignty. including corporations. Re: Report on the On-the-Spot Judicial Audit Conducted in the RTC Branches 45 & 53. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. 467 SCRA 20.
Classification is descriptive of the legal nature of the land and NOT what it looks like. resources 5. Congress may also authorize cooperative fish farming with priority given to subsistence QuickTime™ and a TIFF (Uncompressed) decompressor fishermen andneeded to see this picture. Limitations regarding Alienable Lands of the Public Domain 1. Agricultural Forest/timber Mineral lands & National Parks NOTE: 1. petroleum. Flora and fauna. 7. These agreements should be in accordance with the general terms and conditions provided by law. Forests or timber. The President should notify Congress of every contract under this provision within 30 days from its execution. The beneficial use may be the measure and limit of the grant. Exploration. authorize small-scale utilization of natural resources by Filipino citizens 2. it is the Congress which has the sole power to reclassify. Other natural resources. All sources of potential energy. territorial sea & EEZ 2. by law. Waters 3. Fisheries. Sec. The State shall reserve its use and enjoyment exclusively to Filipino citizens. 4. 2. Shall be under the full control and supervision of the State 2. The State shall protect its marine wealth in its archipelagic waters. In case of water rights/water supply/fisheries/industrial uses other than the development of water power 6. 5. The state may DIRECTLY UNDERTAKE such activities b. 5. upon recommendation by the DENR. 6. Thus. Large-Scale Exploration. Under terms and conditions as may be provided by law. 2. renewable for not more than 25 years b. the fact that forest land is denuded does not mean it is no longer forest land. fishworkers are lakes. and other mineral oils. Agricultural lands may be further classified by law according to the uses to which they may be devoted. In the agreements. Management and service contracts are not allowed under this rule. Alienation of Natural Resources 1. Means a.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The following are owned by the State: 1. Congress may. Alienable lands of public domain 1. in the rivers. Period: It should not exceed 25 years. petroleum. 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. 2. They should be based on the real contributions to economic growth and general welfare of the country. Minerals. 3. coals. Limitations: a. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO: 1. Development and Utilization of Minerals/Petroleum/Other Mineral Oils 1. Reclassification of PUBLIC (MINERAL AND AGRICULTURAL) lands exclusive prerogative of the Executive Department through the Office of the President. Only agricultural lands are alienable. 2. For private corporations or associations a. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large- Protection of Marine Wealth 1. and other mineral oils. of minerals. Development and Utilization of Natural Resources 1. 3. bays and lagoons. 3. and 9. Exception: Agricultural lands scale exploration etc. 4. The state may enter into COPRODUCTION. 8. 4. They can only hold alienable lands of the public domain BY LEASE Page 62 of 125 . General Rule: All natural CANNOT be alienated 2. Small-scale Utilization of Natural Resources 1. Lands of the public domain: 2. But as to FOREST AND NATIONAL PARKS. Wildlife. the State should promote the development and use of local scientific and technical resources.
4.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. the land becomes private property ipso jure without need of any judicial or other sanction. In this case. he only acquires derivative title. Foreign states may acquire land but only for embassy and staff residence purposes. “ANCESTRAL DOMAIN” a. b. determine by law. Corporations or associations incorporated in the Philippines. loss of citizenship after acquiring the land does not deprive ownership. 5. as soon as possible. ANCESTRAL LANDS QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Filipino citizenship is only required at the time the land is acquired. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE LAND. and 3. Subject to national development policies and programs Page 63 of 125 . the specific limits of forest lands and national parks. iii. Congress may use customary laws on property rights and relations. Remedies to recover private disqualified aliens: 1. land can be used only for residential purposes. c. The State protects the rights of indigenous cultural communities to their ancestral lands a. Upon completion of the requisite period. as long as they do not obtain possession thereof and do not bid in the foreclosure sale. Congress shall. In intestate succession. Escheat proceedings lands from Protection of Indigenous Cultural Communities 1. Can lease up to 500 hectares b. 2. For Filipino citizens a. Section 7. Restriction against aliens only applies to acquisition of ownership. at least 60% of whose capital is owned by Filipino citizens Exceptions i. Open. 3. Aliens may be mortgagees of land. Sec. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial. start from when land was converted to alienable land. a. except by law. Hence. such forest lands and national parks shall be conserved and may not be increased or diminished. Presumption is always that land belongs to the State. 2. 5. In determining ownership and extent of ancestral domain. where an alien heir of a Filipino is the transferee of private land. subject to limitation provided by law. Area: Lease cannot exceed 1. not when it was still forest land d. Period: Cannot exceed 25 years. Congress shall provide measures to prohibit logging in endangered forest and Watershed areas for such period as it may determine. Can ACQUIRE not more than 12 hectares by purchase. such as deep forests. Subject to Constitutional provisions b. Therefore: a. Possession since time immemorial leads to the presumption that the land was never part of public domain. In computing 30 years. Private lands CAN only be transferred or conveyed to: a. This includes lands not yet occupied. marking clearly their boundaries on the ground. Thus. and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years. even for religious purposes. homestead or grant Means by Which Lands of the Public Domain Become Private Land 1. ii. Land tenure is not indispensable to the free exercise of religious profession and worship. It refers to lands which are considered as pertaining to a cultural region b. exclusive. Sec.000 hectares NOTE: A corporation sole is treated like other private corporations for the purpose of acquiring public lands. 3. Thereafter. Filipino citizens b. renewable for not more than 25 years c. 4. A religious corporation controlled by nonFilipinos cannot acquire and own land. 2. Aliens may be lessees or usufructuaries of private lands b. Acquired from government by purchase or grant. PRIVATE LANDS General rule 1.
the are needed to see this picture. 2. by itself. Action for reversion under the Public Land Act 3. does not constitute a violation of the provisions of the Constitution limiting land ownership to Filipinos and Filipino Corporations. Summit Holdings v. Special charters in the interest of the common good and subject to the test of economic viability. or repeal by Congress when the common good so requires. 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. Alien still has the title (didn’t pass it on to one who is qualified) J.16. The former in pari delicto principle has been abandoned b. The BOT grantee merely constructs the utility. 11. Franchise is NOT exclusive in character 3. etc of private corporations through a general law. An action by the former Filipino owner to recover the land a. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens. 2.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. If the foreign shareholdings of a landholding corporation exceeds 40%. To whom granted: 1. This may be done when the national interest dictates. or such higher percentage as Congress may prescribe. Terms and conditions: 1. Section 10. Congress may directly grant a legislative franchise. Private corporations Congress can only provide for the formation. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital. certain areas of investment. It is the government which operates the public utility (operation separate from ownership). a Build-Operate-Transfer grantee is NOT a public utility. or Participation of Foreign Investors 1. State shall give preference to QUALIFIED Filipinos. National Economy and Patrimony In the grant of rights. January 31. 2005 Ratio: The prohibition under Section 7. Sec. Court of Appeals.G. Sec. and it leases the same to the government. In order to be considered as a public utility. 2. Congress. Duration: Not more than 50 years 2. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. the undertaking must involve dealing directly with the public. 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. the corporation becomes disqualified to own land. By incorporation under the general corporation law. alteration. Thus. b. Filipino citizens or 2.FORMATION/ORGANIZATION/ REGULATION OF CORPORATIONS 1. 2. GOCC’s They may be created by: a. NATIONAL PATRIMONY/INVESTMENTS ECONOMY AND 2. Page 64 of 125 . Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens. 450 SCRA 169. privileges a QuickTime™ and and concessions TIFF (Uncompressed) decompressor covering the national economy and patrimony. can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens. and thus subject to this provision. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s Public utility 1. Franchise is granted under the condition that it is subject to amendment. Power of Congress 1. upon the recommendation of NEDA.
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
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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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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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
4. Dominant police power of the State b. Section 6. then they are free from institutional censorship or discipline. Congress may. 3. b. adopt a new: A. he can be held personally liable for damages. NATIONAL SEAL. but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects. by law. c. b. without malice. What may be taught. Who may teach. Social interest of the community 5. and d. WITHOUT ADDITIONAL COST TO THE GOVERNMENT. Suit is against a government official. and 4. Limitations a. Budgetary Priority: Education must be assigned the highest budgetary priority. English. When considered a suit against the State a. Spanish and Arabic are promoted only on an optional and voluntary basis. NATIONAL ANTHEM. but is such that ultimate liability shall devolve on the government i. The design may be changed constitutional amendment. State Immunity Suability of State 1. Educational Institutions Schools have the freedom to determine: a. FLAG a. Regional languages are auxiliary to the official languages. Instructors are designated and approved by the proper religious authorities. When faculty members speak or write in their capacity as citizens. and blue. Section 3. 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. with the State as one of the defendants being compelled to interplead. NAME FOR THE COUNTRY. BUT: If he acted pursuant to his official duties. by NOTE: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.GENERAL PROVISIONS Sections 1-2. BUT: This command is not absolute. b. ii. or bad faith. 2. Academic Freedom 1. b. The State cannot be sued without its consent. Language National language: Filipino Official Languages: Filipino.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 III. 2. Page 68 of 125 . Freedom in the classroom in discussing their subjects. With a sun and 3 stars c. negligence. Suits against an un-incorporated government agency. How it shall be taught. 4. 2. Symbols of Nationality 1. he is not personally liable. Taught within regular class hours. or beyond the scope of his authority. Full freedom in research and in the publication of the results. The Republic is sued by name. Students They have the right to enjoy in school the guarantees of the Bill of Rights. or 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. ARTICLE XVI . When a public officer acts in bad faith. The rule likewise prohibits a person from filing for interpleader. c. This rule applies not only in favor of the Philippines but also in favor of foreign states. Red. b. 3. guardians. c. subject to the adequate performance of their other academic duties. Express writtenneeded to seeby parents and are option this picture. Faculty members a. and the suit is really one against the State. 3. white. and unless otherwise provided by law. Who may be admitted to study 2.
Thus. Consent to be sued is not equivalent to consent to liability: 1. Examples: a. The State files suit against a private party. 2. UNLESS: The suit is entered into only to resist a claim. they remain government funds and are not subject to garnishment. when the State conducts business operations through a GOCC. which grant them a separate juridical personality. A law creating a government body expressly providing that such body “may sue or be sued.g. a. EXCEPTION: Where a law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation. Jure Imperii . arrastre services) b. UNLESS: The contract is merely incidental to the performance of a governmental function. 2. Military men cannot engage. Implied consent: 1. 2. Jure Gestionis . Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law. 2. 2180 of the Civil Code. 2. including GOCCs or their subsidiaries.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Consent to be sued I. in any partisan political activity. in the exercise of sovereign functions. 4. Art. ARTICLE XVII. THE ARMED FORCES OF THE PHILIPPINES Composition: A citizen armed force Prohibitions and disqualifications: 1.” b. The State enters into a private contract. or 3. which creates liability against the State when it acts through a special agent. 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. even if its charter contains no express “sue or be sued” clause. The contract must be entered into by the proper officer and within the scope of his authority. 6. cannot be sued. directly or indirectly. EXCEPTIONS: 1. NOTE: difference between: i. This is becauseQuickTime™ and a they generally conduct TIFF (Uncompressed) decompressor proprietary businessseeoperations and have are needed to this picture. 5. Members of the AFP in active service cannot be appointed to a civilian position in the government. UNLESS: The operation is incidental to the performance of a governmental function (e. The law expressly grants the authority to sue the State or any of its agencies. an award cannot be satisfied by writs of execution or garnishment against public funds. The Fact that the State consented to being sued does not mean that the State will ultimately be held liable. 3. Even if the case is decided against the State.= no implied consent. Eminent domain. Suit against an incorporated government agency. Where government agrees to pay interest pursuant to law. II. Rules regarding payment of Interests Government in Money Judgments against it: by GENERAL RULE: Government cannot be made to pay interests. Section 4. Express consent: 1. The State enters into an operation that is essentially a business operation. Erroneous collection of taxes.by right of sovereign power. Whether the money is deposited by way of general or special deposit. the President may extend such tour of duty.AMENDMENTS OR REVISIONS DEFINITIONS: Page 69 of 125 .by right of economic or business relation =may be sued ii. charters. except to vote. then the money can be garnished. Garnishment of government funds: GENERAL RULE: Not allowed. the latter can generally be sued.
c. b. by a 3/4 vote of all its members. A revision implies substantive change. Limitation: It cannot be exercised more often than once every 5 years Defensor-Santiago v. It is exercised by Congress (by special constitutional conferment). The exercise of constituent power does not need the approval of the Chief Executive Legislative power 1. 2. or ii. 1. b. Congress. acting as see constituent assembly. because the Constitution has provided for voting requirements. The power of Congress to propose amendments is NOT part of its ordinary legislative power. Constituent power 1. a. 127325 Requires implementing legislation: The Supreme Court held that RA 6735. amendment by initiative and referendum must still await a valid law. by a Constitutional Convention or Commission. People’s Initiative a. calls for a ConCon but does not provide the details for the calling of such ConCon. it is a political question. If Congress. It is an ordinary power of Congress and of the people. a. By a majority vote of all its members. COMELEC.R. Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of Congress. How a Constitutional Convention may be called i. The only reason Congress can exercise such power is that the Constitution has granted it such power. REVISION: An examination of the entire Constitution to determine how and to what extent it should be altered. Since these constituent assemblies owe their Page 70 of 125 the exercise of legislative power ordinarily needs the approval of the Chief Executive. Congress. NOTE: 1. Congress . by the people through initiative and referendum. Congress may submit to the electorate the question of whether to call a ConCon or not. Constitutional Convention: . Money may be spent from the treasury only pursuant to an appropriation made by law. b. repeal or amend ordinary laws or statutes (as opposed to organic law) 2. Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assembly. The power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal 2. also through initiative and referendum. BUT: The manner of calling a ConCon is subject to judicial review. and ultimately.exercising its ordinary legislative power . 2. and 3. except when done by people through initiative and referendum. Its main purpose is to improve specific provisions of the Constitution. the Initiative and Referendum law is insufficient. 2. Three (3) steps necessary to give effect to amendments and revisions: 1. Submission of the proposed amendments or revisions. Ratification. 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. But in so doing. affecting the Constitution as a whole. G. Proposal of amendments or revisions by the proper constituent assembly. Congress may call a ConCon by a 2/3 vote of all its members. the manner the proposals are made is subject to judicial review. c. The power to pass. Therefore. e. The changes brought about by amendments will not affect the other provisions of the Constitution. as a constituent assembly and the ConCon have no power to appropriate money for their expenses. Every legislative district represented by at least 3% of the registered voters therein. While the substance of the proposals made by each type of constituent assembly is not subject to judicial review. by the sovereign electorate 3. 3. Petition to propose such amendments must be signed be at least 12% of ALL registered voters.may supply such details. d. In other words. Proposal of amendments: QuickTime™ and a Amendments may be proposed decompressor by: TIFF (Uncompressed) are needed to a this picture.
Proposal of Revisions By Congress. According to the SC. Supervised by the COMELEC. Presidential proclamation is NOT required for effectivity of amendments/revisions. UNLESS the proposed amendments/revisions so provide. All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single plebiscite. this took place on February 2. 1987. b. Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition's sufficiency. Examples of justiciable issues: a. Issues regarding ratification: The Constitution does not require that amendments and revisions be submitted to the people in a special election. There cannot be a piece-meal ratification of amendments/revisions. Amendments proposed by the people via initiative: Valid when ratified by a MAJORITY of votes cast in a plebiscite. the courts may determine whether the assembly has acted in accordance with the Constitution.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 existence to the Constitution. ARTICLE XVIII . 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. Requisites of a valid ratification: 1. Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions. Thus. and 3. 2. 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. 3.TRANSITORY PROVISIONS Effectivity of the 1987 Constitution The 1987 Constitution took effect immediately upon its ratification. Where only franchised voters (registered) voters take part. which was the day the Page 71 of 125 . That legislative sphere. they may be submitted for ratification simultaneously with a general election. Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly). Held in a plebiscite conducted under the election law. Whether the approved proposals were properly submitted to the people for ratification. Congress could have done better does not make the steps taken unconstitutional.
a subsidiary means for the determination of rules of law (e. 1. Opinio Juris . treaties may be considered a direct source of Int'l law when concluded by a sizable no.State practice must be accompanied with the conviction that the State is legally obligated to do so by int'l law. Requisites for Highly Qualified Publicist 1.rules during periods of hostility 3. 2 Elements: i. Distinction between a subject and object of international law 1. like judicial decisions. By an acknowledged authority in the field. its rights are received. Page 72 of 125 . it is not directly governed by the rules of international law. good faith. Secondary a. and can also play a subsidiary role in developing new rules of law. However.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. State Practice – a consistent and uniform external conduct of States. Laws Of Neutrality. Laws Of War . both what states say and what they do are considered state practice. Custom – General and consistent practice of states followed by them from a sense of legal obligation. it can be a proper party in transactions involving the application of international law among members of the international community. a treaty only binds the parties.governs the normal relations of States 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).The word 'Publicist' means 'learned writer. NOTE: Even decisions of national courts. if within that period. Teachings Of The Most Highly Qualified Publicists -. Generally. Principles on diplomatic immunity have been developed by judgments of national courts. State Practice has been uniform and extensive. with the birth of the ICC and Arbitration Courts. can be evidence of customary law. and its responsibilities imposed.A person or thing in respect of which rights are held and obligations assumed by the subject. Fair and impartial representation of law. Object . indirectly through the instrumentality of an international agency. estoppel. b. Divisions of International Law 1. or because of humanitarian considerations. 2. of States. b. when applying int'l law. ii. are acceptable. Generally. a treaty is evidence of custom). exhaustion of local remedies 2. Judicial Decisions . c. NOTE: Given the trend in International Law today. Ex.Principles common to most national systems of law. Subject . and is reflective of the will of the family of nations (in which case.' Learned writings. It comes about as a spontaneous activity of a great number of states supporting a specific line of action.An entity that has rights and responsibilities under international law. Transnational Corporations and Individuals. Ex. and not through mere courtesy or comity. the line between a Subject and Object of International is increasingly being blurred. 2. determining what rules of customary IL exist) that is acceptable so long as they correctly interpret and apply int'l law. Treaty TIFF international conventions / (Uncompressed) decompressor are needed to see this picture.g. Q: What is 'INSTANT' CUSTOM? A: Customary law may emerge even within a relatively short period of time. rules based on natural justice. General Principles Of Law . Laws Of Peace. Primary QuickTime™ and a a.
Page 73 of 125 are of see this picture. Exchange of Instruments of Ratification. ratifying. i. Rebus Sic Stantibus .e. Have Transitory B 2. If a treaty. (Art. as a norm from which no derogation is permitted. c. 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. prohibition against piracy. Jus Cogens . at the time of its conclusion. iv. statutes. and is governed by International Law. Ratification.a rule which has the status of a preemptory (i. 3. 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. it is void. and slavery Steps in treaty-making process: 1. Signature. Changes in effectivityAdjustment National Policy J of details carrying E 3. ii. Elements: i. prohibition against the unlawful use of force. approving or acceding to a treaty. 5. absolute. . Principal Rules needed toInternational Connection to Treaties QuickTime™ and a TIFF (Uncompressed) decompressor Law in a. if the treaty establishes a boundary b. Reservation A unilateral statement made by a State when signing. such must be RATIFIED by the 2/3 of the Senate to become valid and effective (Art. genocide. 4. Negotiation.A party is not bound to perform a treaty if there has been a fundamental change of circumstances since the treaty was concluded. Described as the exception to the rule of pacta sunt servanda. Q: If not in writing. 2.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. Oral agreements between States are recognized as treaties under customary international law (but are extremely rare nowadays). It can only be modified by a subsequent norm having the same character. Involve out well-established international C national policies and arrangements T traditions of a permanent 3.. 2. Arrangements of character M temporary nature A 4. Pacta Sunt Servanda – All parties to a Treaty must comply with their Treaty Obligation in Good Faith. Political Issues 1. a norm accepted and recognized ii. NOTE: A state can avoid PERFORMANCE if the treaty obligation collides with its Constitution. Registration with UN. 1. Rebus sic stantibus may not be invoked as a ground for terminating or withdrawing from a treaty: a. conflicts with jus cogens. Difference between Treaty and Executive Agreement TREATY EXECUTIVE AGREEMENT S [CODE: PCI] [CODE: TAAI] U 1. 2. Vienna Convention on the Law of Treaties). but it CANNOT escape LIABILITY it may incur as a result of such non-performance. Implementation of T treaties. Sec 21) Do not need to be ratified by the Senate b. 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. accepting. uncompromising) norm of international law where no derogation may be permitted. 2. iii. is it still considered a treaty? A: Yes. Examples: 1.7. by the int'l community of States as a whole iii.
any treaty although it may agree to be bound by treaties made by its predecessor. Germany is a monist state. TIFF (Uncompressed) decompressor a state. because the two systems are mutually QuickTime™ and a exclusive. and 10. 2. international law must prevail. International rule: Before an international tribunal.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. Impossibility of performance. domestic courts are bound to apply the local law. Doctrine Of Transformation . sec. the newly independent state is not bound to maintain in force. Novation. Lantion and Mark Jimenez. Corruption 4. but are not superior to. Jan. 2. 2000) 2. Expiration of term. however. 4. lose its character as international law. 3. Loss of subject matter.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. Invalidity of treaties: Grounds 1.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. national legislative enactments. Should a conflict arise between an international agreement and the Constitution. Thus. 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. Accomplishment of purpose. government. as the Philippines "adopts the generally accepted principles of international law as part of the law of the land. Succession to treaties: the “Clean Slate” rule When one state ceases to exist and is succeeded by another on the same territory. 18. The state must modify its laws to ensure fulfillment of its obligations under the treaty. a permanent population. while municipal law regulates the internal affairs of a state. as the highest law of the land. 1. the Constitution. as they regulate different subject matters. 5. 3. 2. Municipal rule: When the conflict comes before a domestic court. (Secretary of Justice v. Dualism – domestic and international law are independent of each other. Doctine Of Incorporation . SUBJECTS OF INTERNATIONAL LAW State Elements of a state: Art. a defined territory. Occurrence of vital change of circumstances. Jus cogens Termination Of Treaty 1. may invalidate a treaty in conflict with it. a state may not plead its own law as an excuse for failure to comply with international law. if treaty is bipartite. In case of conflict between international law and domestic law: 1. 7. Page 74 of 125 . Extinction of one of parties. 9. INTERNATIONAL LAW AND MUNICIPAL LAW Effect of Municipal Law in International Law 2 Theories: 1. Error of fact 2. Thus. a. It does not. 6. Desistance of parties. unless the constitutional violation is manifest and concerns a rule of internal law of fundamental importance. 2. only because it has been expressly incorporated by municipal law. The Philippines is a dualist state. or become a party to. 2. it is If IL is applied within are needed to see this picture. Only when so transformed will they become binding upon the State as part of its municipal law. Fraud 3. Hon. Outbreak of war. Rules of international law are given equal standing with. no conflict can ever arise between international and municipal law. Duress 5." b. Such is recognized in art. Voidance of treaty. If conflict exists between international law and municipal law. 2 Views: 1. Montevideo Convention: 1. the treaty would not be valid and operative as domestic law. 8. IL regulates the relations of sovereign states.
sovereign. However. the latter taking over the rights and some of the obligations of the former. Normal baseline method Under this method. Territory 1. The public property of the predecessor State is acquired by the successor State but not the tort liability of the former. 2. 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. b. c. Page 75 of 125 . 2. the new government inherits all the rights of the old government. 4. 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. 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. b.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. Methods used in defining the territorial sea 2. INDEPENDENCE is synonymous with external sovereignty. It is defined as the power of a State to manage its external affairs without direction or interference from another State. Succession Of Government 1. the territorial sea is drawn from the low-water mark of the coast to the breadth claimed. Effects of a change in government: a. b. or is created as a result of merger of 2 or more States.freedom of the State to direct its foreign affairs. or is dismembered or dissolved. The waters inside the lines are considered internal. Effects of State Succession a. they should be respected. Principles Of State Succession 1. c.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. d. the government. SOVEREIGNTY is the broader term. 3. 2. If effected by peaceful means. State Succession is the substitution of one State by another. 2 types of State Succession: a. It has 2 aspects: a. EXTERNAL. the new government inherits all rights and obligations of the old government. It refers to the supreme and uncontrollable power inherent in the State by which such State is governed. Partial . b. the integrity of the original State is not affected as what takes place is only a change in one of its elements.freedom of the State to manage its own affairs. INTERNAL. b. In succession of government.takes place when a State is completely annexed by another. The allegiance of the inhabitants of the predecessor State is transferred to the successor State. capacity to enter into relations with other States Distinctions Between Sovereignty And Independence 1. 3. the new government may reject the obligations of the old government if they are of a political complexion. Universal. If effected by violence. Some modes of acquisition: a. 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. 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. following its sinuosities and curvatures but excluding the internal waters in bays and gulfs. Straight baseline method Straight lines are made to connect appropriate points on the coast without departing radically from its general direction.
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 .immune from search PRINCIPLES OF JURISDICTION OF STATES 1. It is the right of a state to maintain diplomatic relations with other states.right to send diplomatic representatives b. Passive. 3. 2. adjudicate. personal inviolability 2. negotiating with government of receiving state. exemption from taxes and personal services 6. PROTECTORATES – dependent states which have control over their internal affairs but whose external affairs are controlled by another state. promoting friendly relations between sending and receiving states and developing their economic. and enforce rules for conduct within its territory. cultural. 3. extraterritoriality. 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. and scientific relations. It is the doctrine which holds a state responsible for any injury sustained by an alien within its jurisdiction. Protective principle: A state may exercise jurisdiction over conduct outside its territory that threatens its security. if it captures the offender.right to receive diplomatic representatives Functions of Diplomatic Missions: representing sending state in receiving state. breach of an international obligation b. representing friendly governments at their request. as long as that conduct is generally recognized as criminal by the states in the international community. immunity of embassy and legation buildings 3. Active. This principle has not been ordinarily accepted for ordinary torts or crimes.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RIGHT OF LEGATION 1. Universality principle: Recognizes that certain offenses are so heinous and so widely condemned that any state. power to prescribe. Diplomatic and Consular immunity 1.exemption from local jurisdiction on the basis of international custom 5. attributability 3. Types of State responsibility a. The central organ will have personality in international law. but is increasingly accepted as applied to terrorist and other organized attacks on a state’s nationals by reason of their nationality. Some Incomplete Subjects Of International Law 1. 4. NationalityTIFFprinciple:decompressor state has Every are needed to see this picture. protecting in receiving state interests of sending state and its nationals. 2. STATE RESPONSIBILITY 1. jurisdiction over its nationals even when those nationals are outside the state. QuickTime™ and a (Uncompressed) 2. MANDATED AND TRUST TERRITORIES – territories placed by the League of Nations under one or other of the victorious allies of WWI. Because of an international wrong imputable to it. 5. 2. Diplomatic bag. or to assassination of a state’s diplomatic representatives of other officials. ascertaining by all lawful means conditions and developments in receiving state and reporting thereon to government of sending state. 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. right of protection 4. Elements of State Responsibility a. A state has absolute. 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. though not necessarily exclusive. but the extent of the international personality of the component entities can be a problem. FEDERAL STATE – union of previously autonomous entities. and in some cases. Territoriality principle: The fundamental source of jurisdiction is sovereignty over territory. Types: a. inviolability of means of communication 7.
GOOD OFFICES . Also for the crime of genocide.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. by previous agreement. EMBARGO. MEDIATION. for punishment.Preventing the ingress to and egress from a country of commercial and other goods. 2.One country cuts of all diplomatic ties with another.3rd party also actively participates in order to settle the conflict. state organs ii. Such may be done. 2. As distinguished from mediation. Suggestions of mediator are merely persuasive 5. SETTLEMENT OF DISPUTES AMICABLE METHODS 1. .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. 5. 3. 6. EXTRADITION is the surrender of a person by one state to another state where he is wanted for prosecution or. b. 2. Reprisals may be used only when other means of redress (e. He must be represented in the int'l Claim for damages by his own state (ordinarily.discussion by the parties of their respective claims and counterclaims with a view to the just and orderly adjustment. RETORSION . 6. 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.is a lawful act which is designed to injure the wrongdoing State. NAVAL BLOCKADE.process by which the QuickTime™ and a solution ofTIFF (Uncompressed) decompressor a dispute is entrusted to an are needed to see this picture. REPRISAL . The proceedings are essentially judicial and the award is. Principle of Specialty .assassination of head of state or any member of his family is not regarded as political offense for purposes of extradition. the services of the conciliator were solicited by the parties in dispute. CONCILIATION. Conditions for the enforcement of the doctrine of state responsibility a. Attentant Clause. most extradition treaties provide that political and religious offenders are not subject to extradition. as a gesture of comity.g. individuals have no standing to bring a claim before international law).Acts of the following are attributable to the state: i. Page 77 of 125 Ex. refusal by a state to undertake commercial transactions with another state. Suggestions of conciliator are also not binding. if already convicted. NEGOTIATION. protests and warnings) have failed.Blocking the ports of a country with naval forces.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b.an investigation of the points in question with the view that this will contribute to the solution of the problem 3. Principles: a. insurrectional or other movement which becomes the new government 4. 4. Under the Political offense exception.: cutting off economic aid (this is lawful because there is no legal obligation to provide economic aid). it is a form of retaliation against the prior illegal act. Basis of Extradition: a treaty. 3. impartial tribunal usually created by the parties themselves under a charter known as the compromis. ARBITRATION. however. c. 4. There can only be extradition if there is a treaty between the states. there is no rule in international law compelling a State to extradite anyone. Outside of treaty. as a sign of protest/hostility.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. The injured alien must first exhaust all local remedies b. INQUIRY . SPECIAL TOPICS Extradition 1.3rd party actively participates in the discussion in order to reconcile the conflicting claims. binding on the parties HOSTILE/NON-AMICABLE METHODS 1. Indirect responsibility. SEVERANCE (OF DIPLOMATIC RELATIONS).
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. It is also vested with jurisdiction over matters concerning internal machinery and operations of the UN. 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. the Constitutional right to procedural due process must override treaty obligations. 10 non-permanent: elected for 2 year terms by the General Assembly. 2000. HON. The veto does not ordinarily apply to Procedural matters. appeal to CA within 10 days whose decision shall be final and executory. United Nations Organs 1. France. Assuming that the extradition treaty does not allow for such rights. a permanent member may exercise a 'double veto' when it vetoes any attempt to treat a question as procedural.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. 17. # 139465. Q: What is the "double veto"? A: In all non-procedural matters. decision forwarded to DFA through the DOJ. DFA forwards request to DOJ c. PROCEDURE FOR EXTRADITION: (Judicial and diplomatic process of request and surrender) PD 1069 a. The country asked the Philippines to extradite X for a crime committed before the effectivity of the treaty. Dissent (original decision): Under the extradition treaty. the Constitution must prevail. Individual placed at the disposal of the authorities of requesting state-costs and expenses t be shouldered by requesting state. and partakes of the nature of a criminal investigation. Thus. e. 235 SCRA 341) SECRETARY OF JUSTICE V. each permanent member is given a 'veto' .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4.a Security Council decision is ineffective if even one permanent member votes against it. hearing (provide counsel de officio if necessary) f. RTC issues summons or warrant of arrest to compel the appearance of the individual. by the Bill of Rights. The process of extradition does not involve the determination of the guilt or innocence of an accused. However. 1. 2. 5 Permanent Members (China. the US requested for the extradition of Mark Jimenez for violations of US tax and election laws. the evaluation process is akin to an administrative agency conducting an investigative proceeding. When there is a conflict between international law obligations and the Constitution. US. Extradition is a proceeding sui generis. h. and then proceed to veto any draft resolution dealing with that question. The constitutional prohibition applies to penal laws only. Request through diplomatic representative with: b. ECONOMIC AND SOCIAL COUNCIL . The extradition treaty is not a penal law. are needed to see this picture. g.CHIEF ADMINISTRATIVE ORGAN OF THE UN 2. overturning the Court’s previous decision in 322 SCRA 160 dated Jan. SECURITY COUNCIL Composition: 15 members: a. X argued the extradition would violate the prohibition against ex post facto laws. Jimenez requested for copies of the US' extradition QuickTime™ and a TIFF (Uncompressed) decompressor request. Oct.R. the prospective extraditee may be provisionally arrested pending the submission of the request. SECRETARIAT . DOJ files petition for extradition with RTC. Pending evaluation of the extradition documents by the Philippine government. the basic due process rights of notice and hearing are indispensable. It is not a criminal proceeding which will call into operation all the rights of an accused guaranteed . The Secetary of Justice denied that request. Function: the maintenance of international peace and security. d. CA. Q: The Philippines entered into an extradition treaty with another country which provided that it would apply crimes committed before its effectivity. LANTION AND MARK JIMENEZ (G. Because of this possible consequence. (Wright v. Is he right? A: No. Russia) b. 18. 2000) By virtue of an extradition treaty between the US and the Philippines. UK. There is NO deprivation of the right to due process. His guilt or innocence will be adjudged in the court of the state where he will be extradited.
immunity is claimed by request of the foreign state for endorsement by the Department of Foreign Affairs. Use Of Force 1. 36(2). would constitute breach of international obligation. any question of international law c. Diplomatic Immunity Diplomatic Immunity is a principle of customary international law that grants immunity to diplomatic representatives. Requirement of proportionality in the use of force 3.defense 2. State Immunity (Jure Imperii And Jure Gestionis) Originally. the interpretation of a treaty. 4. functions. previous decisions have no binding force. This is mostly secured by an arbitration clause referring disputes under the agreement to an international body. as the right to diplomatic protection is a right which belongs to a State. Under the statute of the Court. covering all areas of State activity and recognizing only very narrow exceptions.(Uncompressed) this picture. 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. general principles of law. in relation to any other State accepting the same obligation. In general. immunity decompressor qualified immunity -. International Contracts Usually. Aggression. ICJ Statute). nature or extent of reparation to be made for breach of international obligation.collective self. 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 . under customary international law the doctrine of absolute state immunity applied. under the 'optional clause' (art. in all legal disputes concerning: a. in case of powerful multinational companies. Recognized exceptions: a) self-defense b) military action taken or authorized by the UN or competent Regional organizations (such as NATO). or the provisions of the contract itself. and waiver from an individual does not bind his State. the ICJ can operate only on the basis of the consent of States to its jurisdiction. The determination by the executive department is considered a political question that is conclusive upon Philippine Courts.ideological agression Calvo Clause It is a provision inserted in contracts. STARE DECISIS does not apply to the ICJ. compromis). however.organ charged with administration of Int'l Trusteeship System. the Court always takes past decisions into account. agreements between States and foreign corporations contain stipulations as to which national legal system governs the contract. International Courts have disregarded such clauses.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. in practice.. or in army other manner inconsistent with the charter of the UN. In the Philippines. Types: • direct • indirect. b. such contracts are placed not under any single system of municipal law. INTERNATIONAL COURT OF JUSTICE . Under Article 2(4) of the UN Charter. if established. 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. but under international law. is granted to are needed to see foreign States only in respect of their governmental acts (acts jure imperii). the rule is to adopt a doctrine of QuickTime™ and a TIFF that is. Such may take the form of a special agreement between States to submit an existing dispute before the Court (i. a State may declare in advance that they recognize the jurisdiction of the Court as compulsory ipso facto and without need of special agreement.e. existence of any fact which. TRUSTEESHIP COUNCIL . However.judicial organ of the UN. Occasionally. however. not in respect of their commercial acts (acts jure gestionis). territorial integrity or political independence of another state. The international court of justice 1. 2. and d. Nowadays. "Optional Clause" of the ICJ: As a rule.as used in international law means the use of armed force by a state against the sovereignty.
they shall be safely and promptly returned to the State of registry on their space vehicle. medicine. distress. When astronauts make such a landing. 38(2). 3. not subject to torture. and shall be the province of all mankind. bare minimum of information. RIGHTS OF PRISONERS OF WAR 1. including the moon and other celestial bodies. 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. 8. 2. 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.belligerents may employ any amount and kind of force to compel complete submission of enemy with least possible loss of lives. and 3. BASIC PRINCIPLES OF WAR: 1. ICJ Statute). including the moon and other celestial bodies.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. shall be free from exploration and use by all States without discrimination of any kind. establishment of an informed bureau. keep personal belongings 7. and there shall be free access to all areas of celestial bodies.equity overrides all other rules of law. Outer space. 5. proper burial. unless all parties agree thereto [art. 4. 3. clothing religious articles. allowed to communicate with their families 4. and money. 10. irrespective of their degree of economic or scientific development. to be treated humanely. repatriation for sick and wounded (1949 Geneva Convention) Page 80 of 125 . purpose of imposing their respective demands upon each other. is not subject to national appropriation by claim of sovereignty. or emergency landing on the territory of another State party or on the high seas. 9. Principle of Military Necessity. time. shall be carried out for the benefit and in the interests of all countries. The exploration and use of outer space. 2. by means of use or occupation.prohibits use of any measure that is not absolutely necessary for purposes of war. Outer Space 1. Astronauts are envoys of mankind in outer space.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 -. principle of Chivalry. 6. ICJ Statute]. Outer space. Q: Who has standing before the ICJ? A: Only States may be parties in contentious proceedings before the ICJ (art 34. The ICJ has no power to decide a case ex aequo et bono. including the moon and other celestial bodies. 2. group according to nationality. on a basis of equality and in accordance with international law. receive food. Principle of Humanity. or by any other means.
9) 8. Social. To respect. 9& 10) 4. (b) right to adequate food (Art. Right to an effective remedy (art. Specific Obligations under Article 2 To take steps ti the maximum available resources. conscience. Covenant? 1. 12) 11. Right to work and accompanying rights thereto (Arts. 11) 10. 11 (1) 5. 17) 15. Thus. 7. and cultural rights. Right to Social Security and other social rights (Arts. Freedom of peaceful assembly (art. 12) 6. 10) 9. Freedom from ex post fact laws (art. Right of self-determination (Art.) towards the full realization of the rights. Thus. 16) 14. impartial and public trial (art. b. Are these rights subject to limitations? Yes. It is the first comprehensive international human rights instrument.requires states to prevent violations by third parties. public order and the general welfare in a democratic society. failure to ensure compliance by private employers with basic labor standards violates the right to work. there is violation if it engages in forced eviction. 11 (2)). Freedom from slavery (art. 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. 8) 7. 7) 6. Freedom of movement and the right to travel (art. Freedom of thought. QuickTime™ and a 2. the states’ failure to provide essential primary health care to the needy amounts to a violation. (c) Right to adequate clothing (Art. the exercise of these rights and freedoms may be subject to certain limitations. Right to be treated with humanity in cases of deprivation of liberty (art. Equal rights of men and women in the enjoyment of civil and political rights/ nopndiscrimination on the basis of sex (Art. c. 21) 18. Right to education (Arts. and religion (art. 22) 19. Right to life (art. Right to a fair. International Covenant on Civil and Political Rights (ICCPR) What are some of the civil and political rights recognized under the ICCPR? 1. 6) 5. 13 &14) 7. Freedom from torture or cruel. 11 (1). Right to liberty and security of person (art. Thus. 1) 2. Right to health (Art. To protect. 3) 4.states guarantee the exercise of the rights without discrimination (Art. 11 (1)) including: (a) right to adequate housing (Art. 15) TIFF (Uncompressed) decompressor What are the States-parties’ obligations under the are needed to see this picture. Adequate standard of living (Art. What are the rights covered by the UDHR? The UDHR proclaims two broad category of rights: (a) civil and political rights. 14) 12. ESCR imposes three different types of obligations: a. Rights may not be exercised contrary to the purposes and principles of the UN. and (b) economic. Cultural rights (Art.requires to refrain from interfering with enjoyment of rights. 23) Page 81 of 125 . which must be determined by law.requires states to take appropriate measures (legislative. social. Three General duties/ obligations of states: Just like the ICCPR and other human rights conventions. judicial etc. 8) 3. Freedom of expression (art. Freedom from imprisonment for failure to fulfill a contractual obligation (art. Right of the peoples to self-determination (art. 19) 17. Right to privacy (art. 11 (1)). (Article 29 of the UDHR) International Covenant on Economic. Non-discrimination. Right of recognition everywhere as a person before the law (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. and Cultural Rights ( ICESCR) What are the rights guaranteed by the Covenant? 1. 2) 3. 2 ). inhuman or degrading punishment (art. 6. 18) 16. Freedom of association (art.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 11. towards the progressive realization of the rights in the covenant. 15) 13. 1) 2. Right to marry and found a family (art. To fulfill.
What are the State Obligations of State-Parties under CEDAW? Arts. 6) II. and retain nationality. change. 9 ) 3. to profess and prtactice their religion and to use their own language. Freedom of thought. 2 [d]) 2. colour. Guarantee of civil and political rights 2. which are unique to women? 1. 3) 4. 24) 21. 4 (1). Guarantee of Economic. 4 (2). Right of recognition everywhere as a person before the law (art. Administrative Measures (de facto) 1. on a basis of equality of men and women. adopt temporary special measures to address de fact inequality of men and women (art. 25) 22. social cultural. exclusion. adopt appropriate legislation to ensure full development and advancement of women. 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. 18) (Art. the States Parties to the present Covenant to the extent strictly required by the exigencies of the situation. 7) 3. refrain from any act or practice which is discriminatory against women (includes public authorities and institutions) (art. inhuman or degrading punishment (art. of human rights and fundamental freedoms in the political. abolish. civil. 15 ) What are some Economic. ICCPR) What are the Non-derogable rights under the ICCPR? Even in times of national emergency. equal rights with men as regards nationality of children (art. 4 ) 3. and access to public service (art. religion or social origin. 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. Freedom from ex post fact laws (art. Right to equal protection before the law (art. 8) 4. 2. 5 [b]) What are some Civil and Political Rights under CEDAW. Freedom from slavery (art. 9 ) 4. suffrage. 5 [a]) 4. 16) 7. adopt appropriate legislation to suppress all forms of traffic in women and exploitation and prostitution of women. Right of a child to protection. and practices (art. conscience. enjoyment or exercise by women. 6) 2. customs. or restriction made of the basis of sex which has the effect or purpose or impairing or nullifying the recognition. 1 defines Discrimination against Women as “ any are needed to see this picture. educate family as to proper social function of maternity and common responsibility in rearing children (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. 15) 6. embody principle of equality of men and women in the national constitution and other apprpriate laws (art. sex.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 20. 26) 23. distinction. irrespective or their marital status. and religion (art. 2[a]) 2. modify the social and cultural patterns of conduct of men and women to eliminate practices based on the idea of inferiority. Legal Measures (de jure) 1. Right to life (art. right to acquire.not prejudiced by marriage to a foreigner (art. Freedom from torture or cruel. Right to participation.16 enumerate the Obligations of StateParties I. 2 [b]. Social and Cultural Rights under CEDAW which are unique to women? 1. Superiority of either men or women (art. which includes legislation to modify. Social and Cultural rights Page 82 of 125 . 11) 5. (Art. no derogation can be made from the following: 1. [f] and [g]) 3. a name and nationality (art. equal rights with men as regards freedom of movement and choice of domicile/ residence (art. or any other field. for the purpose of guaranteeing exercise and enjoyment of Human Rights on the basis of equality with men (art.” (Art. economic. Right of minorities to enjoy their own culture. adopt apprpriate legislative and other measures prohibiting all discrimination against women. regulations. or repeal discriminatory laws. Freedom from imprisonment for failure to fulfill a contractual obligation (art. language.
promotion of child-care facilities. pregnancy or maternity leave. 3. equal access with men as regards health services. equal rights and responsibilities as parents. to freely choose a spouse and to enter into marriage only with free and full consent. right to services in connection with pregnancy. revision of textbooks. equal rights with men as regards employment (art. programmes and teaching methods. adequate nutrition during pregnancy and lactation and confinement and the post natal period (art. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 5. 8. special protection to pregnant women as regards type of work. 10) elimination of stereotyped concept of roles of man and women through coeducation. reduction of female student dropouts. to freely decide number of children and access to information and education to be able to exercise these rights. Page 83 of 125 . prohibition against dismissals due to marriage. including advice of family planning. 12) 7.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. 6. right to enter into marriage. equal rights with men as regards education (Art. 11) 4. and access to information on health and well-being of families.
morals and public policy Limitations on the exercise of quasilegislative power 1. involves the discretion to determine how the law shall be enforced. SUFFICIENT STANDARD test. modify. 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. Tests of Delegation (applies to the power to promulgate administrative regulations) 1. De Leon is of the opinion that it is separate and distinct.It partakes of the judicial. Distinctions between Quasi-legislative power and legislative power 1. Quasi-legislative power / Power of subordinate legislation 2. supplant. cannot defeat/ derogate the purpose of the statute 4. 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.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. 2. enlarge. If one or both are absent. Ministerial. it will have nothing to do but to enforce it. according to the dictates of their own judgment/conscience 2. ENABLING powers Page 84 of 125 . Determinative Powers [DEEDS] 1. LEGISLATIVE power involves the discretion to determine what the law QuickTime™ and a TIFF (Uncompressed) decompressor shall be. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers) 4. LEGISLATIVE power CANNOT be delegated. cannot make rules or regulations which are inconsistent with the provisions of the Constitution or statute 3. Discretionary. Investigatory power (although some authors include this as part of quasijudicial power.nothing is left to discretion. COMPLETENESS test. may not amend. 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. NOTE: These two must CONCUR. 2. QUASI-legislative power only are needed to see this picture. . but is exercised by a person other than a judge. a rule or regulation must be uniform in operation. it must be within the limits of the powers granted to Administrative agencies 2. 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. Quasi-judicial power/Power of adjudication 3. alter.the power or right conferred upon them by law to act officially under the circumstances. or limit the terms of the statute 5. any delegation that occurs is UNDUE DELEGATION of legislative powers. The law must offer a sufficient standard to specify the limits of the delegate’s authority. announce the legislative policy and specify the conditions under which it is to be implemented. engaging in profession) regulation or exercise of police power to protect general welfare. QUASI-legislative power CAN be delegated. 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.
2. 4. EQUITABLE powers Those that pertain to the power to determine the law upon a particular state of facts. The exertion if not expressly provided for by law must be done QuickTime™ and a TIFF (Uncompressed) decompressor through judicial process. Exceptions: a. and powers of abstract determination such as definitionvaluation. Such is accorded by the courts or by express provision of statute. classification and fact finding 3. Administrative agencies do not have the inherent power to require the attendance of witnesses but has the power to require the production of books. summary restraint. etc. requiring notice and hearing. Power to appoint a receiver. 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. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. 4. SUMMARY powers Those that apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant authorizing such action. if the regulation is in effect a settlement of a controversy between specific parties. Page 85 of 125 . When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. consider and make proper application of the rules of equity. Ex. secure. power to issue injunctions Definition of “INVESTIGATORY POWER” The power to inspect. Need for Previous Notice and Hearing 1. records. DIRECTING powers Those that involve the corrective powers of public utility commissions. 3. Its difference from licensing power is that dispensing power sanctions a deviation from a standard. it is considered an administrative adjudication. And. usually without notice and hearing. levy of property of delinquent taxpayers 5. Ex. Issuance of licenses to engage in a particular business 2. reparations under public utility laws. Kinds of Administrative Regulations DISTINC TIONS 1. What administrati ve agency is doing 3. 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. and must.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. It refers to the right to. statements and testimony of witnesses. 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. or authority to relieve from an affirmative duty. Ex. reports. Abatement of nuisance. Capacity that administrati ve agency is acting in 2. or require the disclosure of information by means of accounts. It must be reasonable. 2. and awards under workmen’s compensation laws. Its promulgation must be authorized by the legislature. DISPENSING powers Exemplified by the authority to exempt from or relax a general prohibition. b. It must be within the scope of the authority given by the legislature. It must be promulgated in accordance with the prescribed procedure. are needed to see this picture.
in all controversial questions. Exceptions to the Notice and Hearing Requirement: 1. INTERNAL RULES AND REGULATIONS governing the personnel of the administrative agency.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Prescribing of Rates It can be either: 1. 4. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates. render its decision in such a manner that the parties to the proceeding can know the various issues involved. prior notice and hearing is NOT required. Urgency of immediate action 2. 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. 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. Requisites for Proper Exercise of QuasiQuickTime™ and a TIFF (Uncompressed) decompressor Judicial Power are needed to see this picture. When an admin agency acts as a collegiate body. Tentativeness of the administrative action 3. The law itself must impose and specify the penalty for the violation of the regulation. The decision must be rendered on the evidence presented at the hearing. Padlocking of filthy restaurants/theaters showing obscene movies 7. The board or body should. 3. When the law specifically requires notice and hearing Administrative regulations that DO NOT NEED to be published: 1. and the reason for the decision rendered. Summary proceedings of levy upon properties of a delinquent taxpayer 9. 3. Administrative regulations which are PENAL in nature. prior notice and hearing is REQUIRED. Jurisdiction 2. Preventive suspension of a public servant facing administrative charges 6. Administrative regulations of GENERAL application. QUASI-JUDICIAL If the rules and rates imposed apply exclusively to a particular party. The decision must be based on facts and law. INTERPRETATIVE regulations 2. which includes the right to present one’s case and submit evidence in support thereof. based upon a finding of fact. Summary abatement of a nuisance per se 5. Right was previously offered but not claimed 4. 2. 6. The right to a hearing. Due process 1. 2. its power and duties CANNOT be exercised by the members individually. 3. 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 . LEGISLATIVE If the rules/rates are meant to apply to all enterprises of a given kind throughout the country. Requirement of Publication Administrative Regulations that MUST be published: 1. The evidence must be substantial. or at least contained in the record and disclosed to the parties affected. 2. Cancellation of a passport of a person sought for criminal prosecution 8. 1. 5. (Tanada v. 2. The tribunal must consider the evidence presented. 7. The regulation must be published. The law itself must make violation of the administrative regulation punishable. Tuvera) Special Requisites of a Valid Administrative Regulation with a PENAL sanction 1. 3.
despite the matter is within the proper jurisdiction of a court. Officer assumes to act in violation of the Constitution and other laws. 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. and there can usually be no irreparable harm. 4. which requires the expertise. Questions of LAW Administrative decision may be appealed to the courts independently of legislative permission. expertise. judicial review of administrative cases is usually effected through special civil actions which are available only if there is no other plain. 3. to enable the administrative superiors to correct the errors committed by their subordinates. 2. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court. resort to the courts is necessary for enforcement. Or. 2. Enforcement of admin determinations/ decisions Must be in accordance with the manner prescribed by the statute. courts should not be saddled with the review of administrative cases. 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. 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.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 1. Preserve status quo pending further action by the administrative agency. 3. the courts ordinarily accord respect if not finality to factual findings of administrative tribunals. Page 87 of 125 . when plaintiff is harmed by the vagueness of the statute Questions Reviewable on Judicial Review: 1. Application: a. 4. 2. judicial proceedings will be suspended pending the referral of these issues to the administrative body for its view. Order made in excess of power Doctrine of PRIMARY JURISDICTION 1. Exceptions: 1. 6. 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. power has not been fully and finally exercised. and experience. Questions of FACT General Rule: Courts will not disturb the findings of administrative agencies acting within the parameters of their own competence. its completion or finality. speedy and adequate remedy. 2. courts should refrain from disturbing the findings of administrative bodies in deference to the doctrine of separation of powers. when a party is immediately confronted with the problem of complying or violating a statute and there is a risk of criminal penalties d. 5. 2. NOTE: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable. specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved. if there is no provision. Doctrine of PRIOR RESORT When a claim originally cognizable in the courts involves issues. Courts cannot or will not determine a controversy. if the statute is self-executory c. Absent a final order or decision. Order not reviewable in any other way. By reason of their special knowledge. Exception: If such findings are NOT supported by substantial evidence. This determines the point at which courts may review admin action. Interlocutory order affecting the merits of a controversy. NOTE: The premature invocation of a court’s intervention is fatal to one’s cause of action Reasons: 1. which under a regulatory scheme are within the special competence of an administrative agency.
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. Mendoza v National Police Commission . Tudtud v. 470 SCRA 218 (September 20.454 SCRA 10 (March 28. traffic engineering services and traffic education programs. 31. 456 SCRA 176 (April 15. when there is no other plain.460 SCRA 399 (June 21. when act complained of is patently illegal 4. when the subject of controversy is private land 10. not knowing about it constitutes gross ignorance of the law even in the absence of malicious intent. concurrent 12.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Exceptions: 1. when there is urgent need for judicial intervention 5. MMDA v. or ordinance. long-continued and unreasonable delay 14. in quo warranto proceedings 11. 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. Hontanosas. when the question raised is purely legal. utter disregard of due process 13. 7924 does not grant the MMDA with the police power. decompressor Lim v. when irreparable damage is involved 7. when strong public interest is involved 9. involves constitutional questions 2. when no administrative review is provided 15. QuickTime™ and a Bagano v. 2005) Ratio: • Civil Service Commission Resolution No. speedy . when the administrative body is in estoppel 3. adequate remedy 8. as well as the administration and implementation of all traffic enforcement operations. Concerned Taxpayer v Doblada*. 2005) Ratio: • The prescription provided for in RA 3019 does not apply in administrative cases – administrative offenses do not prescribe. Caayon .Dumlao. or regulation arising from a legitimate source. 2005) Ratio: In cases where the decision rendered by a bureau or office is appealable to the Civil Service Commission. SCRA 196 (March are needed to see 2005) Ratio: • Unjustified failure to comment on an administrative complaint constitutes gross misconduct and insubordination. • Republic Act No. and that all its functions are legislative in nature. • 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. the same may initially be appealed to the Department and finally to the Commission. let alone the legislative power. as that which written motions to be heard. Garin. 2005) Ratio: • When the law or rule is so elementary. when claim/ amount involved is small 6. Page 88 of 125 . when the administrative remedy is permissive. 454TIFF (Uncompressed) this picture. 458 SCRA 59 (May 6. 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.
Private/proprietary a. Beginning of Corporate Existence ( §14. A place or territory within which the local civil government and corporate functions are exercised. Any other political subdivision (A barangay may also be created by law. By law enacted by Congress a. See §386) 2. A corporate name by which the artificial personality or legal entity is known and in which all corporate acts are done 3. 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. 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. An attempt in good faith to organize under it 3. Creation of Local Government Units (LGUs) Authority to Create LGUs (§ 6. Those exercised for the special benefit and advantage of the community. A valid law authorizing incorporation 2. A legal creation or incorporation 2. It acts in a similar category as a business corporation. It should be commenced within 5 years from the time the act complained of was committed. It exercises by delegation a part of the sovereignty of the State 2. Requisites for the Incorporation Municipal Corporation CODE: Te Po C 1. as a CORPORATE ENTITY representing the inhabitants of its territory. LGC) 1. performing functions not strictly governmental or political b. merger. Province b. By ordinance passed by Sangguniang Panlalawigan /Panlungsod For barangay located within its territorial jurisdiction Indicators for creation/conversion a. Local Autonomy Local autonomy can be considered a measure of decentralization of the functions of Page 89 of 125 .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. division. Population 3. Dual nature of municipal corporations 1. Territory 2. 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. Inhabitants constituting the population who are invested with the political and corporate powers which are executed through duly constituted officers and agents 4. City c. As such. Income b. Municipality b. (Corporation Code) Elements of a municipal corporation 1. Charter of a Requisites of a De Facto Municipal Corporation 1. Land Area Plebiscite Requirement It applies to the creation. Note: Local Government Code §15. Governmental a. 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. A colorable compliance with the law 4. abolition or substantial alteration of boundaries of LGU. An assumption of corporate powers An attack on Legal Existence A quo warranto proceeding brought by the State is the proper remedy. Creation etc. Population c. The municipal corporation acts as an agent of the State for the government of the territory and the inhabitants within the municipal limits b.
Expropriation should be for a PUBLIC USE/PURPOSE or for the WELFARE of the POOR/LANDLESS. 2.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 government. It would amount to self-immolation because the autonomous government would become accountable to its constituency. he cannot interfere with the local governments QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. He also exercises indirect supervision over barangays through the city or municipality concerned. Under the LGC (§25). It is considered mandatory under the LGC. In relation to LGUS. To broaden the local power base b. as long as they act within the scope of their authority. 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. good order etc. the President exercises direct supervision over provinces. authority. ORDINANCE authorizing the local chief executive to subject a certain property to expropriation 2. To relieve the national government from the burden of managing local affairs Political Autonomy 1. Thus. The central government delegates administrative powers to the political subdivisions. to the local levels. Under the LGC. Levels of Decentralization Administrative Autonomy 1. it is Congress which exercises control over them. 3. 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 . Eminent Domain and Reclassification of Land Requisites for Valid Exercise [CODE: OPJO] 1. not to the central government. To break the monopoly of the national government over managing local affairs e. Valid and definite OFFER TO PAY which was NOT accepted. LGC). To ensure the full development of LGUs into self-reliant communities d. promote prosperity. the President only has the power of supervision over LGUS. 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. (§ 17. He exercises indirect supervision over component cities and municipalities through the provinces. peace. Involves the abdication of political power in favor of LGUs declared to be autonomous 2. Purposes a. Police Power Police power is not inherent in municipal corporations. Decentralization It is the devolution of national administration. LGUs have more powers. In relation to LGUs. improve morals. in which local officials remain accountable to the central government in the manner the law may provide. 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. The second branch is more independent of the specific functions of the council. Under the principle of local autonomy and decentralization. not power. responsibilities and resources. Payment of JUST COMPENSATION 4. highly urbanized cities and independent component cities. To make the units more responsive and accountable c. It authorizes ordinances as are necessary and proper to provide for the health and safety. 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.
When the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture. Grounds TIFF (Uncompressed) decompressor are needed to see this picture. Role of Judiciary 1. Feb. The higher council can declare the ordinance/resolution invalid if it is beyond the scope of the power conferred upon the lower Sanggunian. To enter into contracts 6. independent Page 91 of 125 . Hence. LGU has express. 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. subject to limitations in LGC/other laws. Entered into by proper department. the higher council can also rule that it is inconsistent with law or city/municipal ordinances. 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. Veto communicated to sanggunian within 15 days for province and 10 days for city or municipality. 2. (Moday v. must comply with formal requirements. 5. When the land shall have substantially greater economic value for residential. Since LGUs have no inherent power to tax. commercial or industrial purposes as determined by the Sanggunian concerned. Ordinance directing the payment of money or creating liability. To acquire and convey real or personal property 5. 4. must comply with substantive requirements. committee. 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.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 lower LGU to issue. 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. Requisites of valid municipal contracts: 1. Can inquire into the legality of the exercise of the right. Legislative Power 1. 20. the doctrine applies to all cases where money or other property of a party is received under such circumstances that the general law. CA.A. or agent. Grounds for Reclassification 1. 2. Taxation Power to tax of LGUs is now pursuant to direct authority conferred by the 1987 Constitution. board. Item veto i. Ultra vires ii. Ordinance/resolution adopting local development plan and public investment program iii. To have continuous succession in its corporate name 2. To sue and be sued 3. For barangay ordinances. Veto power of local chief executive. Appropriations ordinance ii. To have and use a corporate seal 4. 2. 2. implied or inherent power to enter into a particular contract. (§ 55) QuickTime™ and a a. Corporate Powers (§ 22) CODE: S C Re C O 1. 2. Prejudicial to public welfare b. i. 3. their power must yield to a legislative act. To exercise such other powers as are granted to corporations. in case entered into by local chief executive on behalf of LGU. it cannot declare the ordinance invalid on the ground that it is unnecessary. Review by Higher/Supervising Council 1. 1997) Role of National Government The approval of the national government is not required of local governments to exercise the power of eminent domain.
Able to read and write Filipino/ any other local language or dialect Age requirement POSITION Governor. Refuses to assume office c. 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. 1 year or are needed to see more of imprisonment within 2 years after serving sentence 2. Mayor. Sangguniang panlungsod or Sangguniang bayan. Resident therein for at least 1 year immediately preceding the day of the election. 3. the barangay. Member of Sangguniang Bayan. municipality. or QuickTime™ and TIFF punishable by decompressor for an offense(Uncompressed) this picture. Those sentenced by final judgment for an offense involving moral aturpitude. Filipino citizen 2. Fails to qualify d. 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. Vice Mayor.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of an express contract. Punong Barangay. 499) Qualifications of Elective Local Officials (§ 39) 1. the district where he intends to be elected in case of a member of the Sangguniang panlalawigan. Those convicted by final judgment for violating the oath of allegiance to the Republic 4. Registered voter in: a. Fugitives from justice in criminal or nonpolitical cases here or abroad 6. Member of Sangguniang Barangay 5. Those with dual citizenship Page 92 of 125 . city or province where he intends to be elected b. 3. Vice Governor. Those removed from office as a result of an administrative case. member of Sangguniang Panlungsod in highly urbanized cities Mayor. 4. Dies e. Reviewer in Political Law. Grounds a. Voluntarily resigns g. Vacancies Permanent vacancy 1. 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. Removed from office f. 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. p. implies an obligation to do justice with respect to the same (Nachura. Vice Mayor of independent component cities or municipalities Member of Sangguniang Panglungsod. Elective local official fills a higher vacant office b.
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. 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. Ranking. The exception would be in the case of vacancy in the Sangguniang barangay. vice-mayor or highest ranking Sanggunian member will automatically exercise the powers and perform the duties and functions of the local chief executive concerned. vice-governor. by appointment VACANCY 1. the vice-governor. Temporary Vacancy Grounds (not exclusive list) 1. shall Second highest ranking Sanggunian member Highest ranking sangguniang barangay member/2nd highest ranking sanggunian member b. Exception to exception: If the period of temporary incapacity exceeds 30 working days. suspend or dismiss employees. In the office of the highest ranking Sanggunian member (who was supposed to fill the vacant position of governor etc. mayor or punong barangay become temporarily vacant. Travel abroad 3. except for President and Vice-President. The OIC cannot exercise the power to appoint. 4. Recommendation of the Sanggunian barangay concerned Page 93 of 125 . the local chief executive should also submit necessary documents showing that the legal causes no longer exist. ViceMayor Highest ranking Sanggunian member 3. through Executive Secretary Governor City/Municipal QuickTime™ Mayor upon and a TIFF (Uncompressed) decompressor are needed to see this picture. Leave of absence 2. suspend or dismiss employees. Automatic succession VACANCY 1. Sangguniang Panlungsod of Component Cities. running for any office other than the one which he is holding in a permanent capacity. In the office of the punong barangay SUCCESSOR Vice-Governor. Suspension from office If the positions of governor. mayor or vicemayor 3. Filling of vacancy a. In the office of the governor. Omnibus Election Code (§ 67) Any elective official. In the office of the governor. Sanggunian Panlalawigan or Panlungsod of highly urbanized cities and independent component cities 2.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. Exception: He/she cannot exercise the power to appoint. Sangguniang Barangay APPOINTMENT BY WHOM President. Sangguniang Bayan 3. mayor 2. 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.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. whether national or local.
misconduct in office. 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. Sangguniang panlungsod. If several administrative cases are filed against an elective official. Mayor 3. When the evidence of guilt is strong c. Two modes of initiating a recall: 1. Governor 3. Page 94 of 125 . Application for or acquisition of foreign citizenship or residence or the status of an immigrant of another country. Unauthorized absence for 15 consecutive working days. Dishonesty. Commission of any offense involving moral turpitude or an offense punishable by at least prison mayor 5. Duration of preventive suspension Single preventive suspension should not exceed 60 days. Sangguniang barangay. When can it be imposed a. Sangguniang bayan.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 be considered ipso facto resigned from his office upon filing of his certificate of candidacy. Preventive Suspension (§ 63) 1. except in the case of members of the Sanggunian panlalawigan. Abuse of authority 6. gross negligence. Given the gravity of the offense. 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. 8. adoption of a resolution by the Preparatory Recall Assembly (composed of local officials of the lower/supervised local government unit) 2. Who can impose preventive suspension IMPOSED BY: 1. Culpable violation of the Constitution 3. Such other grounds as may be provided by the Code/other laws. Removal as result of Administrative Investigation It serves as a BAR to the candidacy of the respondent for any elective position. 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. suspended or removed from office on any of the following grounds: 1. dereliction of duty 4. 7. petition by at least 25% of the registered voters. After the issues are joined b. President RESPONDENT LOCAL OFFICIAL Elective official of a province. oppression. GROUND = Loss of confidence QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Penalty is NOT a bar to the candidacy of the respondent suspended as long as he meets the qualifications for the office. highly urbanized or Independent component city Elective official of a component city or municipality Elective official of a barangay 2. Disloyalty to the Republic of the Philippines 2. Suspension It should not exceed the unexpired term of the respondent or a period of 6 months for every administrative offense. Grounds for Disciplinary Actions (§ 60) CODE: DCDCAUAS An elective local official may be disciplined.
Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Process of Initiating Recall I. City 3. enact or amend any ordinance NOTE: In Garcia v. 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. Limitations on Recall Elective local official can be the subject of a recall election only once during his term of office. Provinces and cities . The date set for the recall election should not be less than 30 days after filing of resolution/petition in the case of barangay. Mayor LEVEL 1. Conduct of Recall Election The official/s sought to be recalled are automatically considered as duly registered candidates. highly urbanized or Independent component city Elective official of a component city or municipality Elective official of a barangay COMPOSITION Mayors. registered voters in the are LGU concerned during the election in which the local official sought to be recalled was elected. 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. Provincial 2. vice-mayors. barangays. 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. . LOCAL Initiative (§§ 120-125) It is the legal process whereby the registered voters of a LGU may directly propose. 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. If the official sought to be recalled receives the highest number of votes. confidence in him is affirmed and he shall continue in office. municipalities. By Preparatory Recall Assembly (PRA) 1. 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. Municipal 2. Procedure 1.at least 1000 registered voters Page 95 of 125 2. President RESPONDENT LOCAL OFFICIAL Elective official of a province. 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. Governor 3. Composition of PRA IMPOSED BY: 1. cities. 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. Legislative district 4. Number of voters who should file petition with Sanggunian concerned a. Comelec. 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.
Proponents will have the following number of days to collect required number of signatures a. It can only extend to subjects or matters which are within the legal powers of the Sanggunians to enact. Municipalities .90 days b. Office of the President. Signing of petition 5. QuickTime™ and a TIFF (Uncompressed) decompressor The Sanggunian can amend. and without interruption or objection for period long enough to afford title by prescription. Violation of the Constitution 2. • • .Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. modify or amend any proposition or ordinance approved through system of initiative/referendum within 6 months from the date of approval thereof. 3. 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. Camid v. amend or reject any ordinance enacted by the Sanggunian. Effectivity of Proposition If proposition is approved by a majority of the votes cast. Municipal corporations may exist by prescription where it is shown that the community has claimed and exercised corporate functions. Want of capacity of the Sanggunian concerned to enact the measure. giving notice to Sanggunian. it will take effect 15 days after certification by the Comelec as if the Sanggunian and the local chief executive had taken affirmative action. Sanggunian concerned has 30 days to act on the petition. the proponents may invoke the power of initiative. Municipality . modify or are needed to see this picture. Barangay . the applicable period is 18 months. 448 SCRA 711 (January 17. it is considered defeated Limitations It should not be exercised more than once a year. Referendum (§§ 126-127) It is the legal process whereby the registered voters of the local government units may Page 96 of 125 approve. with the knowledge and acquiescence of the legislature. the initiative shall be cancelled. Date for initiative set by Comelec if required number of signatures has been obtained.at least 50 2. 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.at least 100 c.60 days c. Provinces and cities . repeal the proposition/ordinance w/in 3 years thereafter by a vote of ¾ of all its members. yet limited its nullificatory effects to the particular municipalities challenged in actual cases before this Court. Limitations upon Sanggunians The Sanggunian cannot repeal. With the promulgation of the Local Government Code. If it fails to obtain required number of votes. Barangays . If the Sanggunian does not take any favorable action. If the Sanggunian adopts in toto the proposition presented and the local chief executive approves the same. For barangays.30 days 4. 2005) Ratio: • Pelaez (122 Phil 965) and its offspring cases ruled that the President has no power to create municipalities. Authority of Courts The proper courts can still declare void any proposition adopted pursuant to an initiative/referendum on the following grounds: 1.
and a even if this QuickTime™ TIFF (Uncompressed) decompressor employee reports to see this picture. 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. 2005) Republic v Gingoyon*. 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. the Vice-Governor are needed to or is assigned to his office. While the Governor has authority to appoint officials and employees whose salaries are paid out of the provincial funds. buildings. as the presiding officer of the Sangguniang Panlalawigan. 2005) Ratio: • • The Court cannot accept the Government’s proposition that the only properties that may be expropriated under Republic Act No. 458 SCRA 385 (May 10. and constructions of all kinds adhered to the soil. 8974 contemplates within its coverage such real property constituting land. 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. 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. roads. 8974 are parcels of land – RA No. Sr. 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.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Atienza v Villarosa . 478 SCRA 474 Laxina. 471 SCRA 542 (September 30. While Republic Act 7160 is silent as to the matter. The Vice-Governor. 2005) Ratio: • • Ratio: The provisions of Republic Act 7160 are anchored on principles that give effect to decentralization. v Office of the Ombudsman*. this does not extend to the officials and employees of the Sangguniang Panlalawigan because such authority is lodged with the ViceGovernor. (December 19. • Page 97 of 125 .
before entering upon the performance of his duties. removal or suspension from office. 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. Appointment Page 98 of 125 REQUIREMENTS FOR PUBLIC OFFICE I. 1. by which for a given period. 6. previous tenure of office. being required to take an official oath. having been a candidate for any elective position. Who are required to give an official bond? Accountable public officers or those to whom are entrusted the collection and custody of public money. Officer is distinguished from an employee in the greater importance. civil service examination III. education. Selection for Public Office A public officer is chosen either by appointment or election. an individual is invested with some portion of the sovereign functions of the government. and public ministerial officers whose actions may affect the rights and interests of individuals. Continuing / permanent in nature Distinctions Public Official is an officer of the Government itself. office newly created or the emoluments of which have been increased. 3. . law. 6. and duty created and conferred by law.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 LAW ON PUBLIC OFFICERS PUBLIC OFFICE is the right. 3. 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. and 12. consecutive terms. 5. as distinguished from the officers and employees of instrumentalities of government. 2. Limitations on the power of the legislature to prescribe qualifications: 1. When the constitution has attached a disqualification to the holding of any office. citizenship. to be exercised by him for the benefit of the public. political affiliation. suffrage. residence. being an elective official. 7. Eligibility and Qualification Eligibility is the state or quality of being legally fit or qualified to be chosen. holding more than one office. Duties are performed independently without control unless those of a subordinate 5. Formal qualifications: 1. misconduct or crime. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 10. In the absence of constitutional inhibition. and often. Disqualifications The following are grounds for disqualification to hold public office: 1. Congress has the same right to provide disqualifications that it has to provide qualifications for office. II. 2. Presumption is in favor of eligibility. 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. ability to read and write. in some cases. mental or physical incapacity. is by law required to do such as the taking. 2. 3. authority. 4. Qualification refers to the act which a person. Essential elements 1. The legislature may prescribe only general qualifications. The qualifications must be relevant to the office for which they are prescribed. the giving of an official bond. Invested with authority to exercise some portion of the sovereign power of the State 3. impeachment. or through legislative authority 4. dignity and independence of his position. subscribing and filing of an official oath. Congress cannot remove it under the power to prescribe qualifications as to such offices as it may create. and. 11. 4. 7. age. The legislature may not reduce or increase the qualifications prescribed in an exclusive manner by the Constitution. Powers/Functions defined by the Constitution. either fixed by law or enduring at the pleasure of the appointing power. 5. 8. 9. IV. relationship with the appointing power. grounds under the local government code. 8.
TIFF (Uncompressed) decompressor Confirmation on the part of the Civil Service are needed to see this picture. acceptance is necessary to possession of office. Power to appoint is generally regarded as an executive function. III. reaching the age limit. 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. will hold valid so far as they involve the interests of the public and third persons. His acts. Usurper is one who takes possession of the office and undertakes to act officially without any color of right or authority. 2. Confirmation – belongs to Congress i. impeachment conviction. Nomination – exclusive prerogative of the President 2. QuickTime™ and a V. It is conditional where assent or approval by some other officer or body is necessary to complete the appointment. Acceptance of appointment is not necessary for the completion or validity of appointment. Other causes of vacancy are abandonment. removal from office or resignation of the incumbent. the lawful title and possession are united. But it is not limited to the executive department. Causes of vacancy are death. 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. so far as the rights of third persons are concerned are. De Jure Officers A de jure officer is one who has the lawful right to the office in all respects. The requisites of de facto officer: 1. or who has never actually taken possession of it. When the officer de jure is also the officer de facto. Commission is called “Attestation”. Effects of Acts of De Facto Officers The lawful acts of an officer de facto. There must be color of right or general acquiescence by the public. There must be actual physical possession of the office in good faith. of the individual who is to exercise the powers and functions of a given office. upon principles of policy and justice. once made and complete. though not those of a lawful officer. 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. It presupposes that the officer is already in the service by virtue of an earlier appointment. performing other functions. permanent disability. either actual or apparent. the law. The general rule is that an appointment to an office.e. board. There can be no appointment to a non-vacant position. creation of a new office. Power of appointment is absolute when the choice of the appointing authority is conclusive. is not subject to reconsideration or revocation. and to enable appointee to the enjoyment and responsibility of an office. or body to whom that power has been delegated. if done within the scope and by the apparent authority of the office. expiration of term. . II.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Appointment is the act of designation by the executive officer. and recall. and 3. considered valid and binding as if he were the officer legally elected and qualified for the office and in full possession thereof. the appointee enters upon the exercise of the duties and functions of an office. acceptance of incompatible office. However. De Facto Officers A de facto officer is one who actually possesses an office although he has an imperfect or colorable title thereto. There must be a de jure office. Commission on Appointments 3. It is to be distinguished from the selection or designation by a popular vote. Acceptance may be express when it is done verbally or in writing. Acceptance is implied when without formal acceptance. Designation Designation is simply the mere imposition of new or additional duties upon an officer to be performed by him in a special manner. DE FACTO AND DE JURE OFFICERS I. Steps in the Appointing Process: 1. The exception is where an officer is removable at will of the appointing power. conviction of a crime. but who has either been ousted from it.
3. Bureau Director. as a general rule. Service. and 7. including governmentowned or controlled corporations with original charters. 3. Asst. or which is co-terminous with that of the appointing authority or subject to his pleasure. Tenure which is limited to a period specified by law. who do not fall under the non-career service. Thus. instrumentalities. and Non-Career Service The Non-Career Service is characterized by: 1. 2. career service(Uncompressed) decompressor are needed to see this picture. subdivisions. 4. Scope of the Civil Service The civil service embraces all branches. or unskilled. 4. Career officers. THE CIVIL SERVICE I. Personnel of GOCCs. 6. The challenge must be made in a direct proceeding where title to the office will be the principal issue. as far as practicable. Permanent laborers. 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.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 discouraged. by competitive examinations. all of whom are appointed by the President. Open career positions for which prior qualification in an appropriate examination is required. 2. Secretary. Bureau Director. Regional Director. Regional Director. However. non-career service Career Service The Career Service is characterized by: 1. Elective officials and their personal or confidential staff. whether performing governmental or proprietary functions. and agencies of the Government. Contractual personnel or those whose employment in the government is in Page 100 of 125 . 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. Asst. IV. 5. security of tenure The Career Service includes: 1. Commissioned officers and enlisted men in the Armed Forces. Chief of Dept. who are appointed by the President. Closed career positions which are scientific or highly technical in nature. in addition to whatever special damages may be due from him because of his unlawful assumption of office. which shall maintain a separate merit system. The Non-Career Service includes: 1. II. semiskilled. or based on highly technical qualifications. 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. whether skilled. or which is limited to the duration of a particular project for which purpose employment was made. Positions in the Civil Service QuickTime™ and a TIFF 1. 3. Department Heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their personal or confidential staff. and other officers of equivalent rank as may be identified by the Career Executive Service Board. the de facto officer cannot claim a salary and other compensations for services rendered by him as such. such as the Foreign Service Officers in the DFA. opportunity for advancement to higher career positions. Asst. 2. and 2. Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff. Career Executive Service – Undersecretary. 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. The de facto officer is subject to the same liabilities imposed on the de jure officer in the discharge of official duties. 2. entrance based on merit and fitness to be determined. Entrance on bases other than those of usual tests of merit and fitness utilized for the career service. other than those in the Career Executive Service.
e. What is required is a new appointment. or one declared to be so by the President upon recommendation of the Civil Service Commission. dishonesty 2. V. such as that of a head of a department. 2. highly technical – requires the appointee to possess technical skill or training in the supreme or superior degree. 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. except the appropriate civil service eligibility. III. 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. including the appropriate eligibility prescribed. neglect of duty 4. by transfer. Permanent – issued to a person who meets all the requirements for the position to which he is being appointed. oppression 3. Discipline Grounds for the discipline of members of the Civil Service: 1. NOTE: Where a temporary appointee acquires civil service eligibility during his tenure as such. conviction of a crime involving moral turpitude 10. Exceptions from Requirement of Competitive Examinations 1. to a person who has not qualified in an are needed to see this picture. Temporary appointments shall not exceed 12 months. discourtesy in the course of official duties 8. (Maturan v. to be accomplished within a specific period. habitual drunkenness Page 101 of 125 . 3. Magalona) Provisional Appointment – one which may be issued. in accordance with the provisions of the laws. and performs or accomplishes the specific work or job. under his own responsibility with minimum of direction and supervision from the hiring agency. his temporary appointment does not thereby automatically become permanent.. Emergency and seasonal personnel. 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.g. 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. 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. 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. but the appointee may be replaced sooner if a qualified civil service eligible becomes available. However. Appointments Appointments in the Civil Service may either be: 1. being notoriously undesirable 7. 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. 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. and standards promulgated in pursuance thereof. policy-determining – charged with laying down of principal and fundamental guidelines or rules. The appointing authority has the discretion to fill the vacancy under the next-in-rank rule or by any other method authorized by law. which in no case shall exceed one year. rules. requiring special or technical skills not available in the employing agency. misconduct 5. inefficiency and incompetence in the performance of official duties 9. Their tenure ends upon loss of confidence. VI. and 5. 2. disgraceful and immoral conduct 6. falsification of official documents 11. IV.
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)
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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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.
2. NOTE: No religious sect shall be registered as a political party. There shall be notice and hearing. which seeks to achieve its goal through violence. 5. and It should be reasonably close to the date of the election not held. No political party. shall be entitled to accreditation. RA 7941 – Party-List System Act I. Page 105 of 125 . Non-registered parties Criteria to Determine the Type of Political Party Established Record of the said parties. Majority Political Party d. Religious sect or denomination. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Any party already registered need not register anew. 4. Registered Parties: a. Dominant Minority Party – entitled to a copy of election return c. political ideas or platforms of government including its branches and divisions. Bottom 3 political parties – entitled to appoint principal watcher 2. File manifestation not later than 90 days before election. singly or in coalition with others. or which resulted in failure to elect. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate of canvass e.80) x 0. 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. POLITICAL PARTIES is an organized group of persons pursuing the same ideology. 6. 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.20 = # of party list reps There are presently 208 legislative districts. 3. 8.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. Grounds for refusing or canceling registration of Party-Lists groups 1. Dominant Majority Party – usually the administration party. Types of Political Parties 1. suspended. entitled to a copy of election return b. Seeks to promote proportional representation II. 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. 7. 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.
80) seats.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. there are 260 (208/0. So 20 % of 260 is 52 seats. Poe v Macapagal Arroyo. Aggabao v. 2005) Ratio: • In the application of Rule 3. 147589 26 June 2001 May political parties participate in the partylist elections? Yes. we denied substitution by the wife or heirs. A list with 5 names should be submitted to COMELEC as to who will represent the party in the Congress.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Currently. involving substitution by the widow of a deceased protestant. the Court has ruled that a public office is personal to the public officer and not a property transmissible to the heirs upon death. Section 16 to an election contest. in cases where the widow is not the real party in interest. R. parties and organizations. Protestant’s widow is not a real party in interest to this election protest. No. 449 SCRA 400 (January 26. an election QuickTime™ and a TIFF (Uncompressed) decompressor protest is not are needed to see this picture. Ang Bagong Bayani-OFW Labor Party v. Ranking in the list submitted determines who shall represent party or organization. 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. Court have allowed substitution and intervention but only by a real party in interest. COMELEC. provided that the political parties themselves represent the marginalized and under represented sectors. But this is only a ceiling. 454 SCRA 142 (March 30. G. COMELEC. • Page 106 of 125 . Even in analogous cases before other electoral tribunals. While the right to a public office is personal and exclusive to the public officer.
Vice-Gov.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. 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. vice mayor. 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. mayor. sangguniang bayan. Read and Write member of Filipino or local dialect sangguniang panlalawigan.
Not possessing qualifications and possessing disqualifications under the Local Government Code 10. candidacy not later than mid-day of election day. 12 of the Omnibus Election Code: 1. soliciting. Thus. except if the substitute candidate has the same surname. death 2. he is already covered by rules. If he/she files for more than one position. restrictions and processes involving candidates. an individual becomes a candidate. (Fair Election Act) Rules on Candidacy Substitution and Withdrawal of In case of valid substitutions. No person who has withdrawn his/her candidacy for a position shall be eligible as a substituted candidate for any other position. Removed from office as a result of an administrative case 12. rebellion. dual allegiance) 14. 4. On appointive officials: They are considered ipso facto resigned from office upon filing. disqualification No substitution is allowed for an independent candidate. Election offenses under Sec 68 of the Omnibus Election Code (OEC) 4. 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. whether he is running for the same or a different position. 85. Fugitives from justice in criminal or nonpolitical cases here or abroad 15. unless given plenary pardon or amnesty. The candidate shall continue to hold office. committing acts of terrorism to enhance his candidacy. votes cast for substituted candidates are considered stray. Convicted by final judgment for violating the oath of allegiance to the Republic 13. Dual citizenship ( more specifically. receiving. v. 83. . Official ballots shall provide spaces where voters may write the names of the substitute candidates. criminal. or any offense for which he has been sentenced to a penalty of more than 18 months or for a crime involving moral turpitude. 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. sub-par. spending in his election campaign an amount in excess of that allowed 7. Insane or feeble-minded Page 108 of 125 Any candidate may withdraw his/her candidacy anytime before election day. The filing of the withdrawal shall not affect the civil. 5. On elective officials: No effect. 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. 6 9. Effect of Filing of Certificate of Candidacy on Tenure of Incumbent Government Officials. *disqualification is lifted after the expiration of 5 years for service of sentence 3. Upon filing. k. QuickTime™ and a Substitute candidate may file his/her certificate of TIFF (Uncompressed) decompressor are needed to see this picture. giving money or other material consideration to influence. No person shall be eligible for more than one office. withdrawal 3. declared by competent authority as insane or incompetent 2. Substitution is only allowed in the following instances: 1. making prohibited contributions.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Certificates of Candidacy Rules on filing of certificates of candidacy: 1. (Fair Election Act) Grounds for disqualification under Sec. 3. or 8. and cc. or corrupt the voters of public officials performing electoral functions. or administrative liabilities the substituted candidate may have already incurred. No person shall be elected into public office unless he files his certificate of candidacy within the prescribed period 2. Only candidates who are members of and are nominated by a party can be substituted. sentenced by final judgment for subversion. 86. committing prohibited acts under Sections 80. insurrection. 6. e. d. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative. and 261 pars. induce.
the court or COMELEC will continue with the trial and hearing of the action. Directly or indirectly soliciting votes pledges or support for or against a candidate. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted for. meetings. RA 9006 – FAIR ELECTION ACT Important Features: 1. rallies. 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…. 2. 3. Making speeches. 5. Nuisance candidate 18. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. or coalition of parties. It includes: 1. associations.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 17. . Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate. clubs. Letter c. after due notice and hearing. Forming organizations. 2. parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate. Violation of sec 78: material misrepresentation in the certificate of candidacy Effect of a Disqualification case (under RA 6646) 1. announcements or commentaries or holding interviews for or against the election of any candidate for public office. the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong. Exclusive ground: A material representation in the certificate of candidacy is false. are needed to see this picture. This can be done motu proprio or upon verified petition of an interested party. 6.5” W x 14L”) b. 4. Advertisements When the acts enumerated above are NOT considered an election campaign/partisan political activity . 67 of the OEC – Now. 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. 2. 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. Repeal of Sec.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. any ELECTIVE official. If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election. The petition should be filed not later than 25 days from the filing of the certificate of candidacy. inquiry or protest. 2. It should be decided not later than 15 days before the election. Upon motion of the complainant or intervenor. The votes cast in his favor shall not be counted. agroupment. Written and Printed Materials (8. 2. 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. Lifting of the Political Ad Ban – The following are now considered lawful election propaganda: a. whether national or local. Violation of sec 73 of OEC with regard to certificate of candidacy (filing a certificate of candidacy for more than one office) 19. 3. Power of COMELEC 1. 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. committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate. Holding political caucuses. conferences.
g. or a contract. It shall also include the use of facilities personally owned by the candidate. h. cockfights d.000 7. lotteries c. the money value of which can be assessed based on the rates prevailing in the area. i. P 3 for other candidates for every voter currently registered in the constituency c. It shall also be unlawful for any person or organization to solicit and/or accept from any candidate for public office any gift. transportation. use of facilities voluntarily donated by other persons.000 by the government 6. P 10 for president / vice president b. 4. exemptions. EXPENDITURE includes the payment or delivery of money or anything of value. 6. subscription. educational institutions which have received grants of public funds not less than P100. a gift. have been granted loans or other accommodations in excess of P100. a contract. Made for TIFF (Uncompressed) decompressor the purpose of influencing the are needed to see this picture. contribution or donation in cash or in kind from the commencement of Page 110 of 125 . 2. the money value of the use of which can be assessed on the rates prevailing in the area. beauty contests h. 5. advance or deposit of money or anything of value. public or private financial institutions (except loans to a candidate or political party) 2. theatrical. boxing bouts f. for candidate for national office and 60 minutes for local office Radio: 180 mins. bingo g. 97 Omnibus Election Code): 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 places per political party or independent candidate. QuickTime™ and a 8. cinematographic. incentives. loan. promise or agreement to make an expenditure. dances b. 12’ 16’). persons with contracts to supply the government with goods or services or to perform construction or other works 4. food. within one year prior to the date of the election. of influencing the results of the election. Holding any of the following activities: a. 2. 3. for the purpose Prohibited Contributions: Those made directly or indirectly by any of the following: 1. donation. 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. public utilities or those exploiting natural resources of the nation 3. Authorized Expenses (multiplied with the total number of registered voters) a. games e. 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. entertainments i. 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. results of the elections. foreigners and foreign corporations. allocations or similar privileges or concessions by the government 5. 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. Prohibited means of raising of funds (Sec. e. P 5 for independent candidates and political parties Electoral Contributions and Expenditures CONTRIBUTION (under Sec 94. persons who. and 8. grantees of franchises. officials or employees in the Civil Service or members of the Armed Forces of the Philippines. 3. Omnibus Election Code) – includes: 1. f. d. promise or agreement of contribution. whether or not legally enforceable 7.
Educational activities c. maintenance and furnishing of campaign headquarters. etc. may vote for president. Stationery. also known as ‘Absentee Voting Law’. Age: 18 years old and over. 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. Printing sample ballots. Provided. further. Telegraph and telephone tolls. tithes or collections Lawful Expenditures: 1. Vice President. postage. he/she is still a resident in his original domicile (see Imelda Marcos case). Service in the army. 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. but as long as he has the INTENT TO RETURN to his place of residence. Senators and Party-List Representatives. 9189) Who are disqualified from voting under the Absentee Voting Law? 1. 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. studies. NO INTENT TO SETTLE in the place where he is physically present. Work in military or naval reservations d. Employment of counsel. stenographers. office. Those who have lost their Filipino citizenship in accordance with Philippine laws. Copying and classifying list of voters. TIFF (Uncompressed) decompressor Residence Requirement are needed to see this picture. 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. Compensation of campaigners. employment in private or public service b. EXCEPT normal and customary religious stipends. Political meetings and rallies 8. vice-president. at least eighteen (18) years of age on the day of elections. such disability not having been removed by plenary pardon or amnesty. 2. investigating and challenging the right to vote of persons registered in the lists. navy or air force. Hence. 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. or place of meetings 7. For traveling expenses 2. 9189 – THE OVERSEAS ABSENTEE VOTING ACT OF 2003 The Overseas Absentee Voting Act of 2003. senators and party-list representatives. 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. messengers. national police force QuickTime™ and a e. a person may be physically absent from his residence for a short. 4 R. due to work. 3.. Page 111 of 125 . Advertisements 9. 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. Confinement/detention in government institutions in accordance with law NOTE: Residence is equal to domicile. profession. Who are qualified to vote under the Absentee Voting Law? All citizens of the Philippines abroad. (Sec. Transfer solely because of occupation. 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. the person concerned will be deemed NOT to have lost his original residence: a. Employment of watchers at the polls 6. freight and express delivery charges 4. or even long period of time. and corollary to this. clerks. however. Provided.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the election period up to and including election day. and other persons actually employed in the campaign 3. including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code. 2. who are not otherwise disqualified by law.A. Rent. printing and distribution of printed matters relative to candidacy 5. REPUBLIC ACT NO. 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.
or with the representative of the Commission at the Philippine embassies. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification. 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 Commission shall include the approved applications in the National Registry of Absentee Voters. The embassies. (Section 5. enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer.RA 9189) What is the procedure for registration? A. upon registration.A. 9189) How shall registration be done? Registration as an overseas absentee voter shall be done in person. The applicant shall have the right to file his counter-affidavit by registered mail. unless he/she executes. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. the Election Officer shall immediately forward the application to the Election Registration Board. as verified by the Philippine embassies.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. In the event that an objection to the application is filed prior to or on the date of hearing. If the application has been approved. the Election Officer shall immediately set the application for hearing. 5. Such affidavit shall also state that he/she has not applied for citizenship in another country. 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. otherwise known as the “The Voters Registration Act of 1996”. consulates or foreign service establishments concerned. The applicant shall be notified of the approval or disapproval of his/her application by registered mail. If no verified objection to the application is filed. which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. the Election Officer shall notify the applicant of said objection by registered mail. 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. 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. Upon receipt of the application for registration. 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. hearing and annotation in the permanent list of voters. An immigrant or a permanent resident who is recognized as such in the host country. counter-affidavit and documents submitted by the party objecting and those of the applicant. For Qualified citizens of the Philippines abroad who failed to register under Republic Act No. R. A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission. any interested party may file a petition for exclusion not later than two hundred ten Page 112 of 125 . temporarily reside. if any. 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. including those certified as registered voters. (Section 6. 8189.
The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith. with a corresponding annotation in the Certified Voters’ List. The overseas absentee voter may also vote by mail. 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. Thereafter. RA 9189) 2. voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee. Where the system of reception and custody of mailed ballots in the embassies. The overseas absentee voter shall personally accomplish his/her ballot at the embassy. (Section 18. (Section 18. RA 9189) Page 113 of 125 . If the application has been disapproved. 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. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith.1. the Commission shall authorize voting by mail in not more than three (3) countries. factors and circumstances peculiar to such country or countries.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 (210) days before the day of elections with the proper municipal or metropolitan trial court. (section 16. and which events. 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. have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. 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. B. (Section 6 of RA 9189) How shall voting be done? 1. within a period of five (5) days from receipt of the notice of disapproval. (Section 17. consulates and other foreign service establishments concerned are adequate and well-secured. (Section 17. 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. Notwithstanding the foregoing. For Qualified citizens of the Philippines abroad. subject to the QuickTime™ and a TIFF the approval of (Uncompressed) decompressor Congressional Oversight are needed to see this picture. 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. Where there exists a technically established identification system that would preclude multiple or proxy voting. the ruling of the Election Registration Board shall be considered affirmed. and. 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. factors and circumstances are beyond the control or influence of the Commission. who have previously registered as voters pursuant to Republic Act No. Immediately upon the completion of the counting. 8189 They shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. Should the court fail to render a decision within the prescribed period. 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. 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. the applicant or his authorized representative shall. 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. Committee. if the holding of elections therein has been rendered impossible by events. RA 9189) When may voting by mail be allowed? For the May.
2. stating grounds. b. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision. political party representative How . (Sec. 234.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. and appreciation of the election returns. intimidation. Cancellation of Registration in case of Death 4. 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. he shall regain his right to vote automaticallyupon expiration of 5 years after service of sentence. impersonation. custody. QuickTime™ and a Decision is TIFF (Uncompressed) decompressor final and executory. bribery. However. Annulment of Book of Voters 6. 3. candidate. Permanent Disqualifications 1. force. 4. New voters 5. any similar irregularity or which contains data that are statistically improbable. RTC will decide the appeal within 10 days. Transfer of Residence How is challenge to right to register effected? Who . Petition filed at any time except 105 days before regular election or 75 days before special election 2. are needed to see this picture. (Board of canvassers has original jurisdiction while COMELEC has appellate jurisdiction) When election returns are delayed. How is reactivation of registration effected? 1.233) Material defects in the election returns (Sec. 235) Page 114 of 125 Jurisdiction in Inclusion/Exclusion cases 1. properly marked and dated in indelible ink. Exclusion/ Inclusion 3. Computerized and 3. 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. and 236 of the Omnibus Election Code in relation to the preparation. NOTE: Relate this to Article IX of the Constitution. notice and hearing. not prepared in accordance with law or prepared through fraud. 2. in the inactive file after entering the cause of deactivation. lost or destroyed (Sec. under oath. Not later than 120 days before regular election and 90 days before special election Annulment of Book of Voters is through verified petition. 235. 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. Affidavit 3. 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. receipt. 234) When election returns appear to be tampered with or falsified. Insane or incompetent persons as declared by competent authority.in writing. However. Deactivation/ Reactivation . which provides that the COMELEC has no jurisdiction over questions involving the right to vote. Continuing. Sworn application for reactivation 2.any voter. any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence. 65 days before special election Grounds when the List of Voters will be altered: 1. forgery. 3. 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. UNLESS restored to his full civil and political rights in accordance with law. 2. transmission. It would also refer to any matter raised under Sections 233. Exclusion is through sworn petition and not later than 100 days before regular election.
The Supreme Court issues an order for the proceedings to continue in a petition for certiorari. as when a majority or all of the members do not hold legal appointments or are in fact usurpers 2. coercion. 2. transmission. 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. and certificate of canvass. When not allowed Pre-proclamation cases on matters relating to the preparation. Vice-President 3. contain material defects. Issue involves the illegal composition or proceedings of the board of canvassers. 4. President 2. transmission. Page 115 of 125 . 3. 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. Those that can be filed with COMELEC directly are the ff: 1. 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. receipt. or not authentic. HOWEVER: Proceedings MAY CONTINUE if: 1. The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or 2. The canvassed election returns are incomplete. 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. Procedure 1. 236) Summary nature of pre-proclamation controversy Pre-proclamation controversies shall be heard summarily by the COMELEC. Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with COMELEC. This is without prejudice to the filing of a regular election protest by the aggrieved party. Illegal composition or proceedings of the board of canvassers 2. Senator 4. or they are obviously manufactured. When substitute or fraudulent returns in controverted polling places were canvassed. or contain discrepancies in the same returns or in authentic copies thereof. or intimidation. receipt. Contested election returns (under RA 7166) Matters relating to the preparation.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Discrepancies in election returns (Sec. The election returns were prepared under duress. 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. threats. custody and appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166) 1. unless restrained by the SC. Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision. custody and appreciation of the election returns. appear to be tampered with or falsified. the results of which materially affected the standing of the aggrieved candidate/s. should be brought in the first instance before the board of canvassers only. are needed to see this picture. 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.
Quo warranto may be filed by an voter. Provincial 3. entity or community 3. (Galido v. Original Jurisdiction COMELEC has ORIGINAL jurisdiction over contests relating to the elections. it ceases to be a preproclamation controversy and becomes an election contest cognizable by the RTC. Pre-proclamation controversy are needed to see this picture. It is strictly a contest between the winning candidate and the defeated candidate. executory and not appealable: 1. Dividing line: Proclamation of a candidate 2. even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdiction 2. the protestee may be unseated and the protestant may be installed into the office vacated. public or private Page 116 of 125 . It is governed by the requirements of administrative due process II. 1. However. in some cases. Jan. the respondent may be unseated. Grounds for quo warranto are disloyalty or ineligibility of the winning candidate. This only applies to questions of FACT. the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation. corporation. It is a proceeding to unseat an ineligible person from office. Regional 2. COMELEC. or cause expenditure to be made to any person. Making or offer to make any expenditure. Grounds for election contest are election fraud and irregularities in the counting and casting of votes or in the preparation of the returns. Covered acts 1.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Election Contest I. Distinctions between Pre-Proclamation Controversy and Quo Warranto Quo warranto is not. directly or indirectly. 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. strictly speaking. It is governed by the requirements of judicial process I. The jurisdiction of COMELEC is administrative /quasi-judicial 2. The jurisdiction of COMELEC is judicial 2. In election contest. 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. Final COMELEC Decisions Provision that decisions. rulings of the Commission on Election contests involving municipal and barangay offices are final. Soliciting or receiving.1991) Distinctions between Pre-Proclamation Controversy and Election Contest 1. COMELEC. but the petitioner may not be installed into the office vacated. final orders. a contest. 184 SCRA 484) 2. (Flores v. directly or indirectly. Appellate Jurisdiction COMELEC has APPELLATE jurisdiction over all contests involving: 1. In quo warranto. and qualifications of all elective: 1. In some cases. association. Election Offenses (Selected Offenses) Vote buying and vote-selling TIFF (Uncompressed) decompressor I. An election protest more than seeks to oust the winner. It does NOT preclude a special civil action of certiorari. returns. City officials II. offer or promise money or anything of value 2. Jurisdiction QuickTime™ and a 3. Give. Election contest 1. 18. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation has been made. any expenditure or promise of any office or employment.
Prohibited acts 1. including GOCCs. 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. wage or compensation or by demotion. parishioners or employees or house helpers. campaign or vote for or against a candidate . leaders or sympathizers of a candidate is sufficient basis for an investigation by the COMELEC. 4. disbursement or expenditure of public funds for any and other kinds of public works. Prohibited acts: The release. whether national or local. Prohibition against release. 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 1. Period when acts are prohibited a. promotion or giving salary increases 1. Appointing or hiring a new employee (provisional. or 2. employer/landowner II. intimidating or compelling or influencing. Creating or filling any new position c. Notice of appointment should be given to COMELEC within 3 days from appointment. farm helpers. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection III. 45 days before a regular election b. 2. city or province has been offered. Dismissing or threatening to dismiss. officer of a public/private corporation/association 3. 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. 2. public officer 2. Prohibited acts a. tillers or lease holders to aid. city or province to which the public office aspired for by the favored candidate relate. transfer. 2. 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. members. suspension etc. directly or through its duly authorized legal officers. Disputable presumption of involvement Proof affects at least 20% of the precincts of the municipality. heads/superior/administrator of any religious QuickTime™ and a TIFF organization (Uncompressed) decompressor are needed to see this picture. 45 days before a regular election b. 3. 3. Under RA 6646 buying/selling) (Prosecution of voteor aspirant for the nomination or selection of candidates. Disputable presumption of conspiracy: Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality. 30 days before a special election 4. Appointment of new employees.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 II. temporary or casual) b. Purpose of acts 1. overseers. punishing or threatening to punish by reducing salary. promised or given money. 3. Period when acts are prohibited: a. Coercing. 30 days before a special election Page 117 of 125 1. Promoting/giving an increase in salary. Who can be held liable: Any head/official/appointing officer of a government office. remuneration or privilege to any government official or employee. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election. creation of new position. agency or instrumentality. in any manner. tenants. leaders and/or sympathizers for the purpose of promoting the election of such candidate. a new employee may be appointed. any subordinates. valuable consideration or other expenditure by a candidate relatives. Who can be held liable 1.
Suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act In relation to registration of voters/voting 1. provincial. Tampering. the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory Jurisdiction of courts 1. election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing 2. 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 . Voting in substitution for another with or without the latter’s knowledge and/or consent etc. or by negotiated contract awarded before the 45 day period before election c. Failure to give notice of meetings to other members of the board. 2. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code. before delivering the ballot to the voter. Maintenance of existing/completed public works project.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. in the presence of the voter. d. Voting more than once in the same election/voting when not a registered voter 3. by continuing to campaign) and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission. candidate or political party (committed by the Chairman of the board of canvassers) 6. Person who violated provisions against prohibited forms of election propaganda 5. 7. municipal or barangay officer General rule: public official CANNOT suspend any of the officers enumerated above during the election period. Causing the printing of official ballots and are needed to see this picture. 2. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI) 4. Work undertaken by contract through public bidding. specifications and other procedures preparatory to actual construction including the purchase of material and equipment and incidental expenses for wages. (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. Exceptions: 1. A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate (Ex. Suspension of elective. Exception a. 3. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the restoration of the damaged facility. city. With prior approval of COMELEC 2. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote. Other election offenses under RA 6646 QuickTime™ and a TIFF (Uncompressed) decompressor 1. Ongoing public work projects commenced before the campaign period or similar projects under foreign agreements. If the chairman of the BEI fails to affix his signature at the back of the official ballot. e. Payment for the usual cooperation for working drawings. Unjustifiable refusal to register and voteNOTE THAT FAILURE TO REGISTER AND/OR VOTE IS NO LONGER A CRIME. b.
then Courts for prosecution Representatives: House Rep. 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. certificate of canvass.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ELECTION PROTEST QUO WARRANTO GROUNDS Fraud and irregularities in casting. counting of votes. disqualification to hold public office or deprivation of right to vote Page 119 of 125 . for preliminary investigation. transmission. Ineligibility PREPROCLAMATION CONTROVERSY Illegal composition and proceedings of the Board of Canvassers Irregularities in preparation. receipt. and election incidents 1. 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. 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. Electoral Tribunal Regional/Provincial/City: Comelec QuickTime™ and a President and VP: Presidential Electoral Tribunal Senators: Tribunal Senate Electoral Comelec Comelec Law Dept. Disloyalty to the Republic 2. imprisonment. 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. Follow the rules on succession If protestant gains highest number. Incumbent-respondent dislodged Petitioner does not assume the petition. custody.
Page 120 of 125 .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 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. 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.
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. 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. 6. motu proprio or upon verified complaint of any interested party. sectoral parties or organizations for political and/or election purposes. A resident of the Philippines for a period of not less than one (1) year immediately preceding the election day. foundation. or organizations or coalitions thereof registered with the Commission on Elections (Comelec). May the Comelec remove and/or cancel registration of any entity? The Comelec may. are the geographical territory of at least a majority of the cities and provinces comprising a region. It violates or fails to comply with laws. interests or concerns. whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes. rules or regulations relating to elections. peasant. organization or association organized for religious purposes. elderly Sectoral Organization – a group of qualified voters bound together by similar physical attributes or characteristics. 2. the registration of any national. A bona fide member of the party he seeks to represent for at least ninety (90) days preceding election day. It is receiving support from any foreign government. overseas workers. fisherfolk. (20% ALLOCATION) Page 122 of 125 . he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. organization or coalition on any of the following grounds: 1. It has made untruthful statements in its petition. 2. and 7. it may be: A national party when its constituency is spread over the geographical territory of at least a majority of the regions. 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. 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. foreign political party. A natural-born citizen of the Philippines. regional. cultural communities. or a ratio of one (1) party list representative for every four (4) legislative district representatives. regional and sectoral parties. regional or sectoral party. urban poor. It has ceased to exist for at least one (1) year from the time the petition is filed. Able to read and write. veterans. 8. and At least twenty-five (25) years of age on election day. What are the qualifications of a party-list nominee? 1. 5. remove or cancel after due notice and hearing. 6. professionals. 3. 4.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 OTHER LAWS in ELECTION LAW REPUBLIC ACT No. youth. handicapped. A registered voter. Political Party – an organized group of qualified voters pursuing the same ideology. women. It advocates violence or unlawful means to achieve its goal. Who may participate? Instead of individual candidates. It is a foreign party or organization. It is a religious sect or denomination. NOTE: In case of the youth sector. indigenous. or by employment. 4. which traditionally is dominated by parties with big political machinery. 5. organization. COALITION – an aggrupation of duly-registered national. and A regional party when a constituency is QuickTime™ and its TIFF (Uncompressed) decompressor spread over needed to see this picture. 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. 3. political ideas and principles for the general conduct of the government.
They shall serve for a term of three (3) years with a maximum of and a (3) consecutive QuickTime™ three TIFF (Uncompressed) decompressor terms. 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. This system shall pave the way for smaller parties to also win seats in the House of Representatives. the Court or Commission shall continue with the trial and hearing of the action. respectively) shall be ranked and be the basis for allocating the remaining seats. P. printing. 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. upon motion of the complainant or any intervenor. what are the other ELECTION OFFENSES? 1. which is not under contract with the Commission on Elections and any printing establishment. and emoluments as the regular Members of the House of representatives. Any person who violates Section 11 hereof regarding prohibited forms of election propaganda. vs. 06 October 2000)]. Blg. Only a maximum of three seats may be allowed per party. or is otherwise disqualified. Any person who causes the printing of official ballots and election returns by any printing establishment. 6) Aside from the prohibited acts and election offenses enumerated in Sections 261 and 262 of the Omnibus Election Code (B. (3-SEAT LIMIT) How shall party-list seats be allocated? [See Veterans Federation Party. 881. 5. 2. no single party may hold more than three (3) party-list seats. are needed to see this picture. Unallocated seats shall be distributed among the parties. candidate or political party as required under Section 23 hereof. 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. salaries. Any person declared a nuisance candidate as defined under Section 69 of Batas Pambansa Blg. (Sec. Seats are allocated at the rate of one seat per 2% of votes obtained. 136781. NOTE: The variance of percentage in excess of 2% or 4% (equivalent to 1 or 2 seats that have already been obtained. Commission on Elections. (G. The parties shall be ranked from highest to lowest based on the number and percentage of votes garnered during the elections. 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. 881. Any chairman of the board of canvassers who fails to give notice of meetings to other members of the board. 6646 AN ACT INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR OTHER PURPOSES. which undertakes such unauthorized. 6. entitled to the same deliberative rights. et al. provided they have mustered at least 2% of votes. may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong. REPUBLIC ACT NO. 2. to credit the correct votes or deduct such tampered votes. 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.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. increases. No. and the votes cast for him shall not be counted. or Page 123 of 125 . Any member of the board of election inspectors or board of canvassers who tampers. (Sec. after proper verification and hearing. or protest and. 4. 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. and 3. who continues to misrepresent himself. 3. 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. or decreases the votes received by a candidate in any election or any member of the board who refuses. Party-list seats shall be allocated as follows: 1. as amended). R. which have not yet obtained the maximum 3 seats. inquiry. No component city shall be declared or classified as a highly urbanized city within sixty (60) days prior to a local election. unless its charter provides otherwise. et al.
00) for every voter currently registered in the constituency or constituencies where it has official candidates. 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. . Every candidate and treasurer of the political party shall.Ten pesos (P10. by commission or omission. AUTHORIZING APPROPRIATIONS THEREFOR. true and itemized statement of all contributions and expenditures in connection with the election.( Sec. no pre-proclamation cases shall be allowed on matters relating to the preparation.Five pesos (P5. (Sec.000. The campaign period for President.000. as the case may be. However. forty-five (45) days before the day of the election. the special election shall be held simultaneously with the succeeding regular election. as a candidate. and Member of the House of Representatives? As a General Rule. custody and appreciation of the election returns or the certificates of canvass. and/or other public officer or private individual. Senator. 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.00) for QuickTime™ and TIFF (Uncompressed) decompressor every voter needed to see this picture. 13) Is the Statement of Contributions and Expenditures required what is the Effect of Failure to File Statement? – Yes. 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.00) for President and Vice-President. However. transmission. FOR POLITICAL PARTIES. shall be guilty of an election offense and subject to the penalty provided in Section 264 of the same Code. 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. in case of such vacancy in the Senate. within thirty (30) days after the day of the election. file in duplicate with the offices of the Commission the full.00) to Thirty thousand pesos (P30. 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. it shall be enforceable by a writ of execution issued by the Commission against the properties of the offender. otherwise. 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. That a candidate without any political party and without support from any political party may be allowed to spend Five Pesos (P5.00) for every such voter. (Sec. Except candidates for elective barangay office. 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. city and municipal officials. The fine shall be paid within thirty (30) days from receipt of notice of such failure. 27) REPUBLIC ACT NO.00).Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 holds himself out. Are Pre-proclamation Cases Involving Provincial. and 2. receipt. and for other candidates Three aPesos (P3. (Sec. How much may a candidate or registered political party spend for election campaign? 1. . City and Municipal Offices allowed? When are they terminated? Page 124 of 125 . who knowingly induces or abets such misrepresentation. such as by continuing to campaign thereafter. 7166 AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS. currently registered in the are constituency where he filed his certificate of candidacy: Provided. 14) Are Pre-proclamation Cases Allowed in Elections for President Vice-President. 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. 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. FOR CANDIDATES. in the discretion of the Commission.
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. duly certified by the board of canvassers of each province. Congress shall. Are Partial Proclamations allowed? Yes. and the certificates of canvass shall be brought in the first instance before the board of canvassers only. How should the Congress as the National Board of Canvassers for the Election of President and Vice-President perform such function. custody and appreciation of the election returns. How are Election Contests for Municipal Offices resolved? All election contests involving municipal offices filed with the Regional Trial Court shall be decided expeditiously. transmission. appears to be incomplete. Said election returns shall be submitted by personal delivery within two (2) days from receipt of notice. receipt. the Senate President shall require the board of canvassers concerned to transmit by personal delivery. upon request of the Presidential or Vice-Presidential candidate concerned or his party. for the sole purpose of verifying the actual number of votes cast for President and Vice-President. each certificate of canvass was executed. 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. 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. on a showing that: 1. When the certificate of canvass. matters raised in relation to the preparation. 2. proceedings may continue when on the basis of the evidence thus far presented. signed and thumbmarked by the chairman and members of the board of canvassers and transmitted or caused to be transmitted to Congress by them. city and municipal offices shall be allowed. which decision shall be final. 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. Notwithstanding the pendency of any preproclamation 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. the Commission may summarily order the proclamation of other winning candidates whose election will not be affected by the outcome of the controversy. the election returns from polling places that were not included in the certificate of canvass and supporting statements. 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. unappealable and executory. Page 125 of 125 . However. The decision may be appealed to the Commission within five (5) days from promulgation or receipt of a copy thereof by the aggrieved party. count the votes as they appear in the copies of the election returns submitted to it. city or district.Political Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Pre-proclamation cases involving provincial. without prejudice to the filing of a regular election protest by the aggrieved party. However. but not later than are needed decision. 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. 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. six (6) months after the filing of the appeal. and 3.