Notes: Political Law Pre-Bar Lecture by Cong.

Antonio Nachura
• P. 12 Territory- It would be on the 2nd sentence on Sec. 1, on what is known in Public International Law as the archipelagic doctrine of national territory. • P.13 The Archipelagic Doctrine Of National Territory. it should be treated as a single island for purposes of defense. • P.14 Sec 2., par 1 of the Administrative Code of 1987 • P.18 Suit Against Government Agencies But, the corporation code contains precisely a provision to the effect that these corporations among others can sue and be sued, that provision is consent on the part of the State for all of these corporations which are organized or incorporated pursuant to the Corporation Code to be sued. • P.18 Consent to be sued. Local Government Units, Municipalities, Cities, Provinces , Barangays. If you will look at Sec.22 of the Local Govt Code, in the enumeration of corporate powers of local government units, you will find that one of the corporate powers of the local government unit is the power to sue and be sued. • P.18 But, the more difficult question perhaps is this, suppose the agency performs both propriety and governmental functions, how do you resolve this? In such a case, you look at the principal function of the agency and that is what is supposed to prevail. • P.19 Before we look at these classification of consent, I would like to recall Republic vs Feliciano, This is not basically Political law, this is more in Remedial law, but in Republic vs Feliciano, the SC said, when suit is filed against the state, either in the form of an original complaint or by way of counterclaim, when suit is filed against the state, the complaint or counterclaim must allege that consent has been obtained and where this consent is found. The SC went on to say, absent this allegation, the court may sua esponte, dismiss the action because any suit against the state is in derogation of sovereignty and must be construed in a strictissimi juris. • P.20 Express Consent. There is in the Civil code… an imputation of a vicarious liability on the part of the state when the State acts through a special agent… Is this provision, express consent on the part of the State to be sued? This is one of the questions I would have given in the bar exams if I were the examiner. • P.20 Implied Consent. But the better question perhaps has to do with implied consent. Implied consent is deemed implied when the State commences litigation… But I would like to believe, even as the courts have always been very strict in interpreting exceptions to immunity from suit, I would like to believe that a permissive counterclaim may be allowed in so far as the consent given by the State when it commences litigation • P.20. same. Perhaps the better question still would be, when the State intervenes in a pending action, is the intervention by the State commencement of litigation and therefore, implied consent to be sued? A files suit against B, the Republic of the Philippines intervenes. Is the intervention by the Republic of the Philippines commencement of litigation? The answer to that is, it depends on the nature of the intervention. • P.22. The Supreme Court said, these service contracts entered into by the Republic of Indonesia are in the nature of contracts in jure impreii because they have to do with the maintenance of the embassy and of the diplomatic personnel of the Republic of Indonesia. • P.22. In the case of incorporated agencies whose charters provide that they can sue and be sued, the Supreme Court said, this charter provision that grants consent to be sued is also consent to execution. • P.23. But the Supreme Court, in the case of Municipality of San Miguel Bulacan vs Fernandez, said, funds of local government unite, whether they are deposited in a bank, whether they are in the nature of a special or general deposits are public funds. As public funds, they cannot be garnished unless there

Sec 14. nonetheless. Municipality of Makati vs CA. the means employed… must be reasonably necessary for the accomplishment of the purpose and not duly oppressive on the individuals. the exercise of the power shall be for a limited period. the exercise of the emergency powers by the President shall be subject to the conditions. the President is bound again by the Constitution to exercise this. • P. It shall be for a limited period as limited by Congress in the law granting the power to the President but in no case shall the grant of the power exceed the emergency itself.49.25. to pass an appropriation ordinance. • P. the SC. provided that the warrant of arrest contains a description of the person to be arrested who is. • P. when the President exercises delegated emergency powers. A John Doe warrant is a valid warrant. If it is a local government unit. that is your consent. there being no causal connection between the means employed and the objective sought o be accomplished. • P. if a Public International law principle should be in conflict with the Philippine Constitution. restrictions imposed by Congress found in the law delegating the emergency powers. terms. who is now denominated as John Doe. legislation passed in the exercise of police power may be given retroactive effect. the description of the person to be arrested. on the rule of women and the fundamental equality of men and women before the law. an invalid exercise of the police power. or to exercise only such powers as are necessary and proper in order to carry out a declared national policy. So. it . the law is therefore. • P.Probable Cause. Appeal and Due Process. if there should be a conflict between a Public International Law principle and Municipal Law or law of the Philippines. a resolution does not require approval of the President. there has to be an appropriation ordinance.55. a law appropriating the amount in order to satisfy the money judgment. • Same. This means that because you restrict this. appropriating that money in order to satisfy the money judgment. Local autonomy is simply decentralization. Second.23. • P. • P. Second. Requisites of Substantive Due Process. • P. 54. it is the Philippine Constitution that will prevail. a writ of mandamus will lie not only to compel the Sanggunian to act but to pass. The potential question is of course. • P. It does not mean that local governments will become an imperium in imperio. Local Autonomy.41. The Supreme Court said the warrant is in the natire of a general warrant and therefore.24 Here. If it is a national government unit that is sued and is made liable under a judgment. then the consent has to be found in an appropriation law.58 same. our constitution provides that now Congress can withdraw the grant of emergency powers only by a resolution. • p. First.43. A police power legislation. It is a writ of mandamus that will compel not only the exercise of the discretionary power but even the discretion itself. Because of that.46Equality of Men and Women. The description persona. accomplish this. there is a corresponding appropriation ordinance duly tasked by the Sanggunian of the local government unit concerned. you therefore. 51. because his name is not known. While appeal is accepted not to be a part of due process because the right to appeal is granted by statue. The exception to the rule of probable cause is in the matter of violations of the Dangerous Drugs Act considering that the offenses punished under the law are so inter-related. denial of the right o appeal without any valid basis would constitute a denial of due process. What are the conditions for the grant of Emergency powers? There must be was or other natural emergency. • P. • P. where there is a law that grants the right to appeal.58 Particularity of Description. which will prevail? This is from the point of view of Philippine Law and Philippine Constitutional Law. the interest of the public in general as distinguished form those of particular class required the passage of the law or the issuance of the administrative rule or regulation. And of course.26 there has to be some kind of rational basis for choosing the subject of police legislation.is an appropriate.27. Third. so. • P. • P.

000 in the audience. 10. Under the clear and present danger rule.72 Freedom from subsequent punishment. the expression must be of such a nature that it will pose a clear and present danger of an evil. As they are about to go. • P. And fourth. the act must be within the constitutional power of govt. consent of waiver must be made by the person whose right is being violated.is an invalid warrant • P. Clear and present danger rule. • P. The degree of imminence must be great. First. which the state has the right to prevent.63. • P. the plain view doctrine justifies the seizure. the prohibited item is in plain view. the scope of the consent may be limited • P. Speaker attacking the govt. • P. the act must be intended to further a substantial governmental interest. Even as to himself. • P. Search as an Incident to a Lawful Arrest.59 Search Warrants. Clear and present danger rule. it is open to the eye and hand. And so it is not valid to say that magazines said to be pornographic can be confiscated at will. • P. 74. And so.59 General Warrants. must have a valid reason to be in the place where he is. without actually conducting a search. Valid Waiver. and intelligently. When an offense has just been committed and there is probable cause to believe based in personal knowledge of facts or other circumstances that the person to be arrested has committed the offense.74. A person may not go to court to question the constitutionality of the governmental act even if he himself may not be injured by the governmental act. even when consent is already given. the incidental restriction or restraint on freedom of expression must be limited to what is only essential or what is necessary to promote govt interest. Under the clear and present danger rule. the waiver must be made voluntarily.66. Just like any right. in People vs Damaso. All of them children. then he may validly challenge the same. Under the dangerous tendency rule. Under the Public Assembly Act. consent under coercive circumstances is not valid consent at all.61. Second. The SC said the search warrant is severable. Third. but that others nay be so injured. The SC said the determination of what is obscene or what is pornographic is a judicial function.62 same. the speaker can be convicted. • P. But when the searching party goes to the house and they find nothing listed in the search warrant. 6 years old and below. the act is not unconstitutional with respect to others because on its face. definitely. willingly. • P. In Varoy vs Layage. That is. the govt interest sought to be promoted must not be related or suppression of freedom of expression. And the search is made only within a permissible area of search.same. second. the search must be made contemporaneous with the arrest which means at or about the time the arrest was made.70 O‟brien test. And number 4. • P. they notice that there is a car parked along the street in front of the house. Can they search the car in front o the house? There is no garage. it is unconstitutional. you have to look at the circumstance surrounding the speech. Plain View Doctrine. Jurisprudence on the matter tell us that when as search is made as an incident to a lawful arrest. The person who waives mut know that such a right exists and that he has such a right. Number 3. there must be a right. which refers to the place within the control of the person. The peace officer or government agent. They can‟t search the car because it is not an extension of the house. 74. while it may be invalid with respect to shabu and paraphernalia for shabu.61 Warrantless Arrest.64. there are rules relative to the acquisition of a permit for the use of a public place in order to conduct an assembly and the law .70 Challenge of Government Act. it is valid for the guns. • P. he chances upon or stumbles upon a prohibited item. • P. Warrantles Searches. Right to Peacable Assembly. • P 62. The ruling in Anyag vs Comelec is this. • P. and he willingly and volutariyly waives that right.

public safety and public health as limitations as may be prescribed by law or as may be prvided by law as limitations on the right to travel. • p. Right of the Accused to be Heard by Himself and Counsel. information relative to investigations conducted by the government into offenses commiited prior to the filing of the corresponding criminal information in Court. when a student enrolls in college. administration of sacraments. • P. The second. The Supreme Court they were not being penalized by exercising their right. otherwise a permit is required. a person should not at all be prevented from returning to his own native country.Liberty of Abode and Travel.83. • p. Fourth.75. • P. That means he cannot be denied re-admission except on 2 grounds. • P. information affecting the national security. Right to Peacable Assembly. if I had been a bar . the investigator. First. home-country. • P. he must be notified of the nature and cause of his alleged violation. • P. Right to Counsel during the trial from arraignment through trial and even upon promulgation of judgment cannot be waived • P. • P. Right to be Informed of the Nature and Cause of Accusation.86.81.87.83. When charged with an offense punishable by reclusion perpetuator higher and evidence of guilty is strong. ordination of ministers. • P. such as excommunication of members.76.75. • P. Presumption of Innocence. Economic rights must be subordinate to the right to peaceably assemble and petition the government for redress and grievances.80. that interrogation that takes place after a prime suspect or prime suspects has or have already been identified and that the investigation now focuses on him or them as the case may be.provides that when the assembly is to be held in a private place or if it is to be held in a freedom park or in the campus of a government owned educational institution. Alright the right to travel. Right to Bail. he must be given an opportunity to present evidence in his behalf. even the Covenant on Civil and Political Rights also guarantees a person‟s right to return to his own. Right to Peacable Assembly. Second. These then are the requisites for the validity. Today the rule is. worship.81. academic deficiency.Right to Information on Matters of Public Concern. then there is no need for a permit from the Mayor.88. he is entitled to answer with the assistance of counsel if required.84. they were being penalized for being absent from their classes without any justifiable reason.. Miranda Doctrine. doctrine.Liberty of Abode and Travel. if I were. information relating to military or diplomatic secrets. Second.78. Third. • P. Custodial Investigation takes place when there is a questioning made by the government investigators after the investigation has shifted from a general inquiry into an unsolved crime and has begun to focus on one person or per… or the persons who are now prime suspects as perpetrators of the offense. he must be given access to the evidence against him. committee should consider the evidence presented. Miranda Doctrine.. for denying re-admission to the students is if the students commit a violation of reasonable rules of conduct prescribed by the school. • P. • P. Non-establishment Clause. And fourth. Right to Peacable Assembly. Under the Universal Declaration of Human Rights. If I. the rules in academic deficiency. First. access to the documents or to the affidavits that are supposed yo be evidence against him. The Supreme Court said the presumption standing alone cannot prevail over the presumption of innocence. • P. Preliminary investigation conducted by the prosecutor is not custodial investigation andso we refer to custodian investigation really as that inquiry. he is supposed to enroll for the entire course subject of course to the payment of the school fees for the entire course. the constitution speaks of national security. Third. Right to Peacable Assembly. however must be published in other words.76. An ecclesiastical affair is that which pertains to creed. And fifth. panel. information relative to privileged communication rooted in the doctrine of separation and powers.. What are these requisites? First.75. Right to Peacable Assembly.

93.examiner.89. one of the questions I would have asked in the bar exams would have been very simple.92. First there must be a valid complaint or information. Of an offense other than that which is charged if he is convicted of an offense that is necessarily included in the offense charged. after serving 20 years he now goes out of prison and the first person he sees is B and he tell himself. the answer to which will incriminate him of an offense other than that for which he is charged.93. However class. then the Supreme Court said he loses his standing in court.95. People vs. • P. if he jumps bail or escapes from confinement. The answer. He cannot even invoke the right to appeal unless he comes back and submits himself to the jurisdiction of the court. One. where the case is terminated. Pinatay nya ngayon. papatayin na kita” pinatay nya ngayon.89. as a rule no. third the accused must have pleaded to the valid complaint or information and fourth the accused must have been convicted or acquitted or the case dismissed or otherwise terminated without the expressed consent of the accused. circumstantial evidence pointed to the guild of A. should be first. • P. Except to questions which the answer. • P. the constitutional right to be informed of the nature and the cause of the accusation against him. he may also be convicted of an offense other than that or in addition even to that which may be charged. he would be denied the right. considering the fact that he was charged under a valid complaint or . Double Jeopardy. there may be a provisional dismissal by the Court. The third situation contemplated is. Memorized the requisites for double jeopardy under the first sentence.90.95. the only question I would really ask here is the constitutionality of the death penalty and it would be in the nature of a composition… • P. after arraignment. Right against Self-incrimination. • P. On the other hand.89. • P. Right to be Informed of the Nature and Cause of Accusation. is dismissed or otherwise terminated without the expressed consent of the accused. this has been asked in the bar exams twice and of course the law is constitutional according to the Supreme Court because what is punished is not non-payment of an obligation or a debt but is punished is the loss or is the abuse of confidence or the deceit incident of the violation of the Trust Receipts Law. it is important that the dismissal be a final or a permanent dismissal because as you very well know. one sentence in question. charged with killing B can he invoke double jeopardy. buhay ka pa pala. he may be convicted. if he testifies then he can no longer refuse to answer questions on crossexamination. It does not refer merely to the harshness or the severity of the penalty imposed but to the disproportion between the act punished and the penalty imposed such as to shock the moral sense of the community. Lozano vs. Right to be Informed of the Nature and Cause of Accusation. May the accused be convicted of an offense other than that which is charged? Explain your answer fully. • P.94. ok so he was sentenced to 20 years of prison.97. He may also be convicted of an offense other than that. “20 years akong naghirap sa bilangguan sa pagpatay sayo. Martinez in the matter of the constitutionality of Batas Pambansa Bilang 22. Judge Nitafan on the constitutionality of the Trust Receipts Law. • P. However. If I were the ah ah examiner. Non-imprisonment for Non-payment of Debt or Poll tax. Double Jeopardy. Trial in Absentia. In either he can no longer invoke the right against self-incrimination during crossexamination. Because if he is convicted of an offense other than that which is charged. • P. if the accused in a criminal case or the respondent in any of these administrative cases where a penal sanction may be imposed upon him testifies voluntarily. Right to be Informed of the Nature and Cause of Accusation. A was charged for killing B because they were last seen together and B simply disappeared and could no longer be found. Prohibited Punishments. Double Jeopardy. if he does not at all object to the introduction of any evidence to support the additional charge found in the information. Prohibited Punishments. second the valid complaint or information must be filed before the competent court. • P. • P.

Dual Allegiance.105. 1% noh. the people instead go through Congress and would like Congress to adopt that law through the legislative.108. he is now charged again of homicide for killing the very same person for which he had already served sentence. it is not the Court anymore that grants naturalized Filipino citizenship status it is the special committee on naturalization.104. But legitimation is not a mode of acquiring Filipino citizenship. The answer is yes of course. • P. Commissioner of Immigration. Dual citizenship in section 40 of the Local Government Code should be understood to mean dual allegiance. • P. Loss and Reacquisition of Filipino Citizenship. • P. will be qualified for the Senate explain you answer. IT is in that sense then class that an administrative determination of Filipino citizenship never becomes final and never acquires res judicata effect. and dual allegiance would mean that a person owes allegiance to independent sovereign states and dual allegiance pre-supposes voluntariness. • P. • P. second. • P. there is a class of citizens under the ‟35 Constitution that is not found in any of the other Philippine Constitutions. although marriage may give rise to the naturalization of a the foreign woman as we will discuss in a little while under Moy Ya Lim Yao vs. the finding whether by administrative agency or judicial body is affirmed by the Court. Naturalization.110. the child can avail of the privilege of electing Filipino citizenship. able to read and write what… oo. she does not have to go through the naturalization proceedings. Consider also class. Note than under our law on administrative naturalization. with the SOLGEN as chairman and the Secretary of the Department of Foeign Affairs and the National Security Adviser as member. Naturalization. Citizens of the Philippines. Any administrative finding of citizenship will not acquire res judicata or preclusive effect that is what Zita Ngo Burca all about. Loss and Reacquisition of Filipino Citizenship.105. the definition of an indirect initiative where the people petition for the adoption of a law course through Congress. the class of citizens who became citizens of the Philippines by virtue of what is called the Caram provision in the 1935 Constitution. Dual Allegiance.103. “If she herself may be lawfully naturalized” means that she does not have to go through the naturalization proceedings. • P. allegiance given voluntarily by the individual not cases where by virtue of circumstances beyond the control of the individual. • P. • P. „yon. Citizens of the Philippines. the Solicitor General or his representatives participated in the proceedings. and third.104. Legislative Department.108. that‟s one. wala. yes. If a person is blind but he knows how to read and write in Braille… Braille. will not acquire res judicata effect unless 3 conditions are satisfied: first.104.109. it is indirect in that instead of seeking the direct adoption of the law through an election for the purpose.102. And then of course able to read and write that is the mere literacy qualification. the individual possesses 2 or more nationalities. And then finally class. Citizens of the Philippines. all she has to do is file a petition with the Bureau of Immigration and deportation a petition for cancellation of her alien certificate registration.information for before a court of competent jurisdiction to which he pleaded and he was convicted of the offense of homicide. Senate. In Frivaldo. • P. the normal legislative process provided in Article VI. • P.108. When a person is repatriated he is restored to his original status as a Filipino citizen. the Supreme Court said that the effect of repatriation retroacts to the date of filing of the application for repatriation. Doctrine of implied election • P. Alright the constitution provides that congress shall pass a re- . yes because the determining factor is the citizenship of the mother at the time of her marriage and not at the time of the conception or birth of the child as long as the mother was a Filipino at the time of her marriage then. Citizens of the Philippines. House of Representatives.101. the issue of citizenship is raised as a material issue in an administrative or a judicial proceeding and subjected to a full hearing. neither is marriage. • P.

By merely lapse of time. 2 constitutional limitations on special appropriation law. Impoundment is the term given to the refusal of the President to obligate or to spend money appropriated already for whatever reason. You can distribute final copies on the same day that you approved the bill on 2nd reading and on the same day you cannot approve the bill on 3rd reading. Appropriation Law. that subject refers to a general subject matter and not to a specific/particular subject matter.115. if the President does not want or does not like the bill. Legislative Process. the primary and specific purpose of which is to authorize the release of funds from the public treasury. All of those things. It is never permanent in the sense that it is always subject to the Constitutional provision that membership therein shall be based on proportional representation of the political parties registered in the partylist system represented in the house. • P. even if the President objections to the bill and then sends the bill back to house of origin along with the veto message. Second. The principle that the commission on elections cannot exercise the power of apportionment.114. House of Representatives. Without the approval of the President. Guidelines.120. 3. the measure itself. • P.119. First. and so class when you speak of only one subject. • P. However. • P. amend and repeal laws. the census referred to in the constitution is the census on population which is normally undertaken by the government once every 10 years.112.119. Principle of Automatic Reappropriation. • P. Legislative Process.116.117.118. • P. • P. Appropriation Law – Limitations. Legislative Process. Powers of Congress. President shall veto. What is an appropriation law? It is a law.113. This bill shall be deemed certified by the President.120. • P. does not refer to any specific appropriation item. The Supreme Court has said that when there is a presidential certification to your bill. shall automatically become law. The law itself must provide the specific purpose for which the appropriation is to be spent. The plenary legislative power is the power to propose and act. Appropriation Law. census on population so. Commission on Appointments. then the President vetoes the bill. • P. it shall be deemed certified by the President and after approval on third reading by both Houses.110. Legislative Process. • P. And then of course the matter of budgetary reserves under the Administrative Code of 1987. Then of course class. • P. • P.apportionment law within 3 years from return of every census. Appropriation Law – Rider. kailangan the 3 reading must be on separate days. Appropriation Law. the constitution provides that the Congress cannot increase the appropriation recommended by the President for the operations of the government for the fiscal year. dun pa lang sa persons and family relations pa lang. • P. First.117. Overriding the veto will entail a vote of 2/3 of all of the members of the house where the bill originated and then a similar vote in the other house – 2/3 to override the veto. Plenary legislative power. The General Appropriation Law is that which is based that law passed by Congress based on the budget submitted by the President of the Philippines and it is intended for the financial operation of government for an entire fiscal year. 4. • P. A rider in a general appropriation law is a provision in the GAA that is. 2. There is no need for the printed copy of the bill in its final form distributed at least 3 days prior to the 3rd and final reading. without any presidential action. Despite the Presidential veto however. The Supreme Court said membership in the Commission on Appointments is never permanent. Principle of Automatic Reappropriation. All the 3 readings can be done on the same day. 1. there is a provision that authorizes the President through the .118. then you do not have to have 3 readings on separate days. • P. Legislative Process. the bill may still become a law if Congress overrides the veto. So. the law must be accompanied by a certification of the national treasurer that there are funds available for the purpose.119. President approves the bill.

And three. members of the cabinet while the President can replace them at any time. to be called budgetary the amounts reserved are called budgetary reserves. • P. of course.budget secretary not to release in full the amounts appropriated for purposes of. • P. Temporary Vacancy. • P. there are limits to the power of the President to reorganize all of these departments. a registered voter. Class the veto must be normally a veto is a veto of the entire law. Power of Appointment. The Executive power of the government is vested in the President of the Philippines. What are the qualifications for President? Natural-born Filipino citizen.124. but in that case also. merge. • P. considering that such a provision should be contained in a separate substantive law. Yes.123. Appointment as you very well know is the selection by the authority having the power of an individual who is to perform the functions of a given office. Privileges. consolidate offices. But he can invoke the same only when the question calling for an incriminating answer is asked because such a person is called in an investigation as a witness and not as a respondent for example. on the day of the election at least 40 years of age. agencies. However class. Why? Because your Vice-President could at any time be your President. • P. • P. what happens if a cabinet member is replaced is not removal but expiration of term. Principle of Automatic Reappropriation.124. the investigation must be in aid of legislation. to enforce or to execute a law.121. This immunity cannot be invoked by 1 whose term has expired or who is no longer President even if he is called to account for acts committed by him while he was President of the Philippines. A legislative veto is a means by which Congress may block or modify administrative action or executive action taken in the implementation of the measure. While indeed the President has indeed plenary authority to abolish. such a provision should be contained in a separate substantive law not in the GAA itself. • P.121. So itong temporary vacancy. on the whole which includes all of the departments of the government. Should be contained in a separate substantive law. What are the requisites however for the validity of such legislative inquiry or legislative investigation? One. So the President of the Philippines.124. the immunity granted is personal to the President of the Philippines and it is not enjoyed by alter egos of the President of the Philippines. able to read or write. • P.120.126. Power of Taxation. However. note first in the members of cabinet. The Secretary of Education cannot claim the immunity that is granted to the President because as we earlier said. Item Veto vs. Two. • P.123. Powers of the President. • P. Temporary Vacancy. Remember these are the same qualification for your Vice-President. Powers of the President. the rights of the person affected by such investigation must be respected. agencies and positions in the office of the President proper. Item Veto vs. Distinguish this from the Office of the President at large. Line Veto. If the majority of the members of the cabinet • P. Therefore the veto made by President Ramos was held valid because this is an inappropriate provision in the General Appropriations Act. etc. Power of Removal.123.121.” • P. • P. the Supreme Court said that the President may delegate this power to reorganize. • P. the Supreme Court did not declare this unconstitutional. Rules of Succession. Rules of Succession. Line Veto. the investigation must be conducted in accordance with duly published rules of procedures. The President. Legislative Investigation. Where the President of the Philippines refuses to implement. a resident of the Philippines for at least 10 whole years immediately preceding the election.120. will this mean culpable violation of the constitution which will be then be a basis of complaint for impeachment? That is possible. Privileges.122.123. Ang sinabi lang ng Supreme Court “however. . class the rules on temporary vacancy found in the constitution are rules copied from the United States.

has the right tot know the nature and cause of the accusations against him. the president cannot pardon a person declared or found guilty in an impeachment case.130.• P. Majority of the members who participate in the deliberation and who vote thereon but it is to be decided en banc where the penalty to be imposed is dismissal from the service or separation from service. Second no pardon shall be issued in favor a person convicted of violation of election laws unless there is a favorable recommendation made by the Commission on Elections. • P. Other powers. Other powers.127. Other powers.130. yung decision nila dyan. Education. as it were. The Judicial Power. Conduct unbecoming of an officer and a gentleman charged before a court martial duly created under the authority of the president of the Philippines. The inquiry that the Supreme Court can do with respect to the proclamation is limited to the sufficiency of the factual basis. you give to the President of the Philippines the authority to determine whether or not you have really committed a violation of the conditions attached to the pardon. the normal prohibition is 45 days before the election in the case of other government offices. Because under the administrative code. Arts Culture and Sports. Nobody can compel the president to issue a pardon. • P. • P. Other powers.128. • P. aba hindi pa tapos yan. • P. By entering that contact. 135. Invasion when public safety requires it and rebellion when public safety requires it. 1. • P. Other powers. Science and Technology. The 50 members of the military establishment are exonerated by the court martials. • P. • P. negligent or malicious acts of his subordinates only if he is authorized in writing then doing of such an act. But the Supreme Court said that this prohibition found in the constitution does not apply to local executives. The of course. There is no such thing as command responsibility except perhaps in the military. Private Lands.128.127. Other powers.130. • P. Other powers. For our purposes.130. a pardon shall not relieve a convict of civil liability.131. • P. • P. there is no need for your to be convicted. In the case of the President is 2 months before the elections and all the way up to the end of the term. The citizenship of the corporation sole is not the citizenship of the bishop or a high priest. a pardon shall not relieve a person for any of liability for legislative contempt. 2. Number 5. Because the court martial is precisely an agency of executive character and is subject to the exercise of the power of control which the president wields over the entire Armed Forces of the Philippines. July 15 –16. May the President reverse the decision of exoneration and declare them guilty and impose a penalty of 10 years of hard labor? • P.130. the important things to remember from the standpoint of constitutional law are first the discretion vested in the president of the Philippines. hindi pa tapos yan ah the decision of the court martials is subject to review of the President of the Philippines. the appointments made 2 months before the elections. So mayors and governors may issue valid appointments even during the 2. That plenary pardon made you eligible to be appointed again. And so he declared.) he has the right . Other powers. just before the term ends. no even during. • P 134. that the penalty to be imposed on the erring judge is dismissal from his service that the Supreme Court must decide the case en banc. a superior officer shall be held liable for the unlawful. First.130. Other powers. • P. Of course. note that a pardon may be issued only after a final conviction. The SC said no. Third. When you accept the conditional [pardon you a re entering a contract with the President of the Philippines. • P. Other Powers. Finally a pardon shall not restore public offices forfeited.) the student is entitled to know. 139.127. Constitutional Limitations on the Power of the President to Appoint. • P. 133. But you are not eligible to be automatically reinstated.129. Other powers. Fourth. Other powers.

• Same. Judge Dela Rosa. • P. 140. the COMELEC. • Same.) he has the right of access to the evidence against him. Powers of Administrative Bodies. • P. in American jurisprudence. that is no longer possible today under the Constitution where there is involved the exercise of quasi – judicial powers because the exercise of quasi – judicial powers entails the exercise of discretion by the agency vested with the quasi – judicial powers and under Section 1. in the case of COMELEC for example. Board of Commission CID v. Detailed legislation. 139. There can no res judicata where the amount of benefits given to the employee are less than those provided by law. The doctrine of finality of prior resort and the doctrine of finality of administrative action. Preclusive effect. Same. • Same. • P. In other words. Congress passes a law changing the name of the Republic of the Philippines to Bayan Ng Maharlika. Same. • Same. General Provisions. • P. • P.) the body. • P. • Same. Kinds of Administrative Rules and Regulations. • Same. The Issuance of license is part of the mayor‟s power. Two exceptions. The COMELEC has exclusive jurisdiction over all cases relating to election returns. the dispensing powers. But perhaps even now. 143. Then the summary powers refer to powers of certain administrative agency to apply compulsion or force upon persons or things without the necessity of judicial warrant. The enabling powers. • P. • Same. 4. • Same. 2004.to answer with the assistance of counsel if desired. • Same. However. Determinative Powers and Incidental Powers. and 5.) he has right to preset evidence in his behalf. Example of directing powers is making Assessments or the bureau of customs. The administrative agency invoking the doctrine of estoppel. Commendador v. qualification of regional. is the law valid? Explain. 145. Where the administrative action is patently illegal. 146. appeal to the President would be complete exhaustion of administrative remedies. The basis even as class in the old. • Same. Where the issue is a pure question of law. executory and unappealable. he may not seek judicial recourse until he shall have exhausted all such administrative remedies. Exhaustion of Administrative Remedies. we should consider the case of Guevara v. Administrative action will result in the nullification of the claim. • Same. COMELEC. • Same. Congress can provide that he decision of the administrative agency shall be final. the directing powers. Accordingly. investigator must consider the evidence presented. were the law itself provide it inasmuch as the President himself who issued the Presidential proclamation. 144. De Villa . The COMELEC. supposed to be given original exclusive jurisdiction over all prep proclamation contests. committee panel. Congress can deny resort to the court. second paragraph of Article 8. however. • P. The doctrine of qualified political agency. the Supreme Court said that the power to punish contempt is essentially a judicial power. the Commission on Elections has quasi – judicial powers. the examining powers and the summary powers. There is violation of due process of law. provincial and city elective officials. • Same. • Same. interpretative legislation. and contingent legislation. that power can be exercised only by the agency when the agency is engaged in the performance of quasi-judicial functions. It is. 141. 142. an administrative agency may by law be granted the power to punish contempt. the definition of judicial powers includes the power to determine whether or not there has been a grave abuse of discretion amounting to lack or excess in jurisdiction on the part of any agency of instrumentality of the government. The doctrine says that when a party agreed by an administrative decision. July 17. has still other available administrative remedies. Same. 3. even when the law grants an administrative agency the power to punish contempt.

151. • Same. of course. he has only color of title. unless otherwise provided by law. Tenure. it must not violate the Constitution. he does not have a valid title to the office. other than error of judgment in the evaluating the evidence. or in the interpretation of documentary evidence. 3. Specific Disqualifications. unless allowed by the law in fact or by the primary functions of their office. members of the cabinet. alright. • Same. Incompatible office.) under a known and valid appointment or election but he does not conform with a duty mandated by law. and their assistants are prohibited from holding any other office in government during their tenure of course. The brandized doctrine of assimilation of facts. they may not hold any other office in the government. Vice President. void because either the appointee or the party elected is ineligible of ineligibility. or there is want of authority on . • P. 147. • P. 1. Qualifications. it is in effect Congress that is appointing or exercising the power of appointment to the given office. For members of the Judiciary. that requirement may go into the title that he has over the office. rule even on the question of facts. precisely qualification. Constitutional Commission members. In the case of Constitutional offices. • P. In their case. President.• Same. • P. Elected official cannot be appointed to any other office during their tenure. 152. Same. Disqualification. That the prescribed qualification must not be unconstitutional. questions of fact may be raised if the law itself provides the questions of fact may be validly raised. that the prescribed qualifications must not be specific as to fit an identifiable individual because were such a provision in the law is included. the Ombudsman and the deputies are prohibited from holding other office during their tenure. Tenure is supposed to be the period of time by which the public officer actually holds office. • Same. • Same. Then.) There must be a validly existing office. In the case of statutory public office. He may not be a de jure public officer. • Same. One that the prescribed qualifications must be germane to the duties attached to the office and second.) by reputation and acquiescence.) The officer must have the physical position of the office. void election. the ombudsman and deputies may not be candidates for public office in the election immediately succeeding their cessation from office. were what purports to be a question of a finding on the question of fact is so intimately related with. then the court may go over the records and the evidence and therefore. • Same. First. While term is the period of time by which the public officer is entitled to hold office. if he has not yet posted his bond.judicial of administrative functions. Members of the Constitutional Commissions should not have been candidates in the election immediately preceding their appointments. allowed by law and second. Also goes into the matter of qualifying for the office so that even if an accountable officer has already taken the oath of office. undersecretaries. 149. or were there is a mistake or error committed in the appreciation of the pleadings. he may only be a de facto public officer until after he has fully qualified by posting the bond.) under a known election or appointment. The salaries of public officers before they are paid to the public officer himself are free from garnishment. Right to Salary. 2. • Same. 3. So. However. • Same. • P. the prohibition is against being designated to any position in government performing quasi. Second. • P. Situations that give rise to color of title: 1.) What makes him only de facto because instead of having full. alright. Requisites. Justices of the Supreme Court and Judges of lower courts. 148. legal. 2. imposition or mistake. • Same. such as. Salaries or Compensation of de facto Officers. allowed by the primary functions of the office unless otherwise allowed by the Constitution. when there is fraud. • Same. valid title to the office. or dependent upon a question of all as to be in substance and effect a decision on the latter. 150.

in the Civil Service. or to refund. • Same. executive or legislative determination which is not binding on the courts because the SC said. or there was an irregularity in the appointment or in the election provided that such ineligibility . stated functions. the de facto officer is entitled to the salaries and emoluments of the office because he has been or is performing the functions of the office. • P. Automatic reversion rule under the Civil Service Law. 2. 4. Same. But if he is merely a usurper then he may be made to pay. Same. such as the de facto officer physically ousted the de jure officer from the office and the de facto officer assumed office. commissioners with. • If the fellow being made to pay is a de facto public officer then he cannot be made to pay. except. It is distinguished from designation. or to reimburse or to deliver to the winning candidate whatever that it was he received by way of compensation. Entitlement to Salaries. permanently appointed to a position in the government. movement from one position . Classes of Civil Service. to have a better title to the position. yung ating sinabi na may specific period for the temporary appointment. a petition quo warranto filed in court to protest the validity of an appointment in the Civil Service by a person who claims to be. But only if you are a temporary appointee. then. those with appointed for specific term and their confidential staff. and then contractual personnel. it has always been held to mean temporary appointment. When the de facto officers co – exist with the de jure officer. Notice the distinction between permanent and temporary in the matter of security of tenure were one is appointed to a permanent. etc. When designation is used to convey an appointment instead of merely giving additional duties to one who is already in public service. • P. not a permanent appointment. • P. This is merely an exclusive determination. Promotion is the movement within the same agency. • P. The automatic reversion rule. Appointment. 2004. July 20. 154. because the election or the appointment is made pursuant a an unconstitutional law before the law is declared unconstitutional. will not lie. He is under the obligation to give the salaries and other emoluments to the de jure officer. in that officially. he is entitled. chairman. of the corresponding career executive service eligibility. cabinet ranks and their confidential staff. except. or such irregularity is not know n to the public. • Same.) appointment by the President to the career executive service rank. Appointment is the selection by the authority having the power of an individual who is to perform the functions of a given public office. • Same. • P. anyone of the causes prescribed in the Civil Service Law or repeated in the Administrative Code and only in accordance with the procedure prescribed by the Civil Service Code. one enjoys security of tenure and that means he cannot be suspended or dismissed except for the cause. In both cases. Commencement of the Official Relations. • P. • When there is no de jure public officer. the law comes in and says. 155.) under a known appointment or election. then you can be terminated at anytime.) acquisition of the appropriate. 158. Elective officials and their confidential staff. Same. maraming appointments. the Supreme Court said the requirements for acquiring security of tenure in career executive service are: 1. The Court cannot entertain that petition for quo warranto. 159. 157. such want of authority. Promotion. • P. 160. Same. that contractual personnel appointed and falling within this non-career service are those who possess certain skills or knowledge not available in the agency. 160.the part o electing or appointing authority. Career and non – career service. is merely the grant of additional duties to one who is already in public office. salaries or other emoluments incident to the office. when designation is the term used to the issuance of the appointment. then the de facto public officer is not entitled to the emoluments attached to the office. void. nature. 156. that there. • P. heads of departments. simultaneous promotion on appointments. the primary factor in determining whether a position is primarily confidential is still the nature of the functions of the position.

And if one is absent without leave for a period of 30 days under the Civil Service rules. even if the correction of the manifest error may involve what may be an issue in a pre-proclamation contest. However. transfer may also be a penalty imposed on the erring public officer or employee. • P. it entails the use of quasi-judicial powers of the COMELEC because kung purely administrative matter. the Supreme Court has sustained the contention of Commission En Banc that in the matter of correction of a manifest error.165.All cases appealed from the municipal of the Municipal Trial Court. all of these cases including pre-proclamation cases must be decided by the Commission in division before it can be decided by the Commission En Banc. justifying the hold over. two basic requisites for a valid resignation. • P. hindi kailangan na it must first be heard. that all election cases including pre-proclamation cases shall first be taken cognizance of and resolved by the Commission on Elections in division.170.175. the matter can be taken cognizance of directly by the Commission En Banc. However. that the motion for reconsideration shall be resolved by the Commission En Banc. Deemed Ipso facto resigned. This is also known as the next in rank rule which provides that generally the officer holding the position next in rank shall be given preference in the matter of promotion whenever the position next higher in rank shall be vacated. Second. transfer of a public officer or employee constitutes a violation of security of tenure. Who has the power to abolish government offices? Congress. his name may be stricken off the roll of employees of public officers. Retirement Benefits.171. 162. acceptance by competent authority. Preventive Suspension. The rule is the payment of your terminal leave benefit credits shall be based on the highest salaries you have received. voluntariness. July 21. The common standards of simplicity. Preventive Suspension. however. • P. where the Supreme Court justified the hold over of a Sangguniang Kabataan Chairman because of the failure on the part of the successor to take his oath and to qualify for the position. • P. • P.to another that entails additional duties. Because if the COMELEC En Banc simply acted within its own purely administrative. For those in government service. Preventive Suspension. hindi quasi-judicial.174. however.174. economy and efficiency in government service to justify the abolitionof a number of offices or positions in certain government offices. Provided. • P. 2004.171. • P. • Same. it does not matter apparently if later he withdraws his certificate of candidacy because it is supposed to be the filing of the certificate of candidacy that will toll the termination of the official relationship. July 21. • P.171. Acceptance of an incompatible office. • P. We have the case of Licaros vs.171. • P. Provided.165.Impeachment. Number one. terminal leave benefits. • P.167. • P. Because according to the Supreme Court. decided. Accomplishment of the purpose for which the public office created. Election Laws. in division before it is decided by the Commission En Banc.175.Impeachment. Preventive Suspension. additional responsibilities and as a rule also is accompanied by increases in salary and compensation. • P. 2004. And consider that while transfer as a rule. • P. nonetheless. Preventive Suspension. You go to the appropriate court of general jurisdiction or a . there was no express or implied prohibition against hold over. Resignation. The hold over principle states that a public officer may continue to hold office even after the expiration of a term of office until his successor shall had been duly elected or appointed and shall have qualified. Sandiganbayan. July 21. pag purely administrative. 2004. acted in the exercise of purely administrative powers then you do not go to the Supreme Court on a petition for certiorari.Impeachment. Abolition of office.166. terminal leave benefits are benefits from accumulated leave credits. When in election cases. So. Preventive Suspension.171. • P.

The 2nd constitutional powers and functions of the COMELEC is precisely the authority the commission has over election cases and the constitution provides that the COMELEC shall have exclusive original jurisdiction over all cases involving the election returns and qualifications of regional.tribunal that has primary administrative jurisdiction. provincial and city elective officials. . Commission on Elections. • P176. Exclusive original and exclusive appellate jurisdiction over cases involving ER and qualifications over municipal as well as barangay elective officials.

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