San Beda College of Law


IN GENERAL CONSTITUTION - the document which serves as the fundamental law of the state. (V. Sinco, Philippine Political Law, 11th ed., p.6870); that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Malcolm, Philippine Constitutional Law, p.6) Classification: 1. written (conventional or enacted) v. unwritten (cumulative or evolved). 2. rigid v. flexible The Philippine Constitution is written and rigid. (Art. XVII) The 1987 Constitution took effect on February 2, 1987, the date of the plebiscite for its ratification and not on the date its ratification was proclaimed. (De Leon v. Esguerra, 153 SCRA 602) Interpretation: a doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed (Civil Liberties Union v. Executive Secretary, 194 SCRA 317). In case of doubt, the provisions should be considered self-executing; mandatory rather directory; and prospective rather than retroactive (Nachura, Reviewer in Political Law, p.3) CONSTITUTIONAL LAW - designates the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases (Sinco, supra, p.67) STATE - A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of the inhabitants render habitual obedience; a politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of law. (CIR v. Campos Rueda, 42 SCRA 23). Elements: People – inhabitants of the State, the number of which is capable for selfsufficiency and self-defense; of both sexes for perpetuity. Different meanings of the word people: -People as inhabitants (Sec.1, Art.XIII; Secs.15 -16, Art. II; Sec.2, Art.III); -People as citizens (Preamble; Secs. 1 and 4, Art. II; Sec.7, Art. III); -People as electors (Sec.4, Art. VII; Sec.2, Art. XVI; Sec. 25, Art. XVIII). Territory – fixed portion of the surface of the earth inhabited by the people of the State; see Art I. Sovereignty – supreme and uncontrollable power inherent in a State by which that State is governed; Characteristics: a. permanent b. exclusive c. comprehensive d. absolute e. indivisible f. inalienable g. imprescriptible

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



Theory of Auto-Limitation - any state may by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a power plenary in character. (Reagan v. CIR, G.R. No. L-26379. Dec. 27, 1969). Imperium - the state’s authority to govern embraced in the concept of sovereignty; includes passing laws governing a territory, maintaining peace and order over it, and defending it against foreign invasion. Dominium - capacity of the state to own or acquire property. (Lee Hong Hok v. David, 48 SCRA 372) Effect of Belligerent Occupation No change in sovereignty. However, political laws, except those of treason, are suspended; municipal laws remain in force unless changed by the belligerent occupant. principle of jus postliminium – At the end of the occupation, political laws are automatically revived. (Peralta v. Director of Prisons, 75 Phil. 285) Effect of Change of Sovereignty – The political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by affirmative act of the new sovereign. Municipals laws remain in force. (Macariola v. Asuncion, 114 SCRA 77) Jurisdiction – manifestation of sovereignty Territorial – authority to have all persons and things within its territorial limits to be completely subject to its control and protection.

Personal - authority over its nationals, their persons, property, and acts, whether within or outside its territory. Extraterritorial – authority over persons, things or acts, outside its territorial limits by reason of their effects to its territory. Government – that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. (US v. Dorr, 2 Phil. 332). Government of the Republic of the Philippines – is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms which political authority is made effective, whether pertaining to the autonomous regions, the provincial, city or barangay subdivisions or other forms of local government. [Sec. 2(1), E.O. 292 or the Administrative Code of 1987] Classification: De jure – has a rightful title but no power or control, either, because same has been withdrawn from it or because same has not yet actually entered into the exercise thereof. De facto – actually exercises power or control but without legal title (Lawyers League for a Better Philippines v. Aquino, G.R. No. 73748, May 22, 1986). De facto proper – government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains



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

San Beda College of Law
3 M EMORY A ID IN P OLITICAL L AW itself against the will of the latter; Government of paramount force – established and maintained by military forces who invade and occupy a territory of the enemy in the course of war; and Independent government – established by the inhabitants of the country who rise in insurrection against the parent state (Ko Kim Cham v. Valdez Tan Keh, 75 Phil. 113). Functions: constituent – compulsory because constitutive of the very bonds of society; ministrant – undertaken to advance general interest of society (Bacani v. NACOCO, 100 Phil. 468); merely optional. Doctrine of Parens Patriae – government as guardian of the rights of People (Government of Philippines Islands v. El Monte de Piedad, 35 SCRA 738). FUNDAMENTAL POWERS OF THE STATE Inherent Powers of the State: I . POLICE POWER - Law of overruling necessity - power promoting public welfare by restraining and regulating the use of liberty and property. Basis: public necessity and right of State and of public to self-protection and self-preservation. Who may exercise: generally, legislature but also: the President, Administrative bodies, and Law-making bodies of LGU’s the Requisites (Limitations): Lawful Subject – the interests of the public in general, as distinguished from those of a particular class, require the exercise of the power; Lawful Means – the means employed are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive on individuals; When exercised by a delegate: express grant by law; within territorial limits – for LGUs except when exercised to protect water supply; and must not be contrary to law. II . POWER OF EMINENT DOMAIN - power of State to forcibly take private property for public use upon payment of just compensation Basis: necessity of the property for public use. Who may exercise: generally, legislature but also: the President; Law-making bodies of LGU’s; Public Corporations, and; Quasi-public Corporations. the

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

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

VI of the Constitution or as incident of emergency powers that Congress may grant to him under Sec.5. iii. b. AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). VI. (Republic vs. Anna Margarita Eres (VC-Logistics). Yolanda Tolentino(VC-Acads). July 2. • III. Due process of law – the defendant must be given an opportunity to be heard. Joy Inductivo (VC-Finance). 252 SCRA 412). requisites: i.has been broadened to include not only uses directly available to the public but also those which redound to their indirect benefit. Charmaine Torres (Taxation Law). Art. June 28. Art. G. 28 (2). to which must be added the consequential damages. Jennifer Ang(VC. Non-delegability of power. the legislature but also: Law-making bodies of LGU’s (Sec. Jinky Ann Uy (Remedial Law). Public use .A. Francis Benedict Reotutar (Labor Law). Due process of law. and The President. 2002) 5. supervision and control of his property. • Once expropriated change of public use is of no moment. iv. Court of Appeals. whichever came first. Limitations on the Power of Taxation: Inherent limitations Public purpose. ii. No. 146587. International comity.fair market value of the property. 23(2). G. but in no case will the consequential benefits exceed the consequential damages Fair market value – the price that maybe agreed upon by parties who are willing but are not compelled to enter into a contract of sale. the value of the property must be determined either as of the date of the taking of the property or the filing of the complaint. d. Jonathan Mangundayao (Political Law). 58 SCRA 336). utilization of the property must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property (Republic v. 146062. v. ✍ Consequential damages – consist of injuries directly caused on the residue of the private property taken by reason of expropriation 6. entry must be under a warrant or color of authority. owner is deprived of jurisdiction. under Sec. It is well within the rights of the condemnor as owner to alter and decide its use so long as it still for public use. Equal protection of law. minus the consequential benefits. Garny Luisa Alegre (Commercial Law).R. Elaine Masukat (VCEDP). and iv. 2001) Formula: -. Territoriality or situs of taxation. vda. X). Romuald Padilla (Civil Law).R. c. De Onorio. substantial. Ronald Jalmanzar (Over-all Vice Chair). Mark David Martinez (Criminal Law). property must be devoted to public use or otherwise informally appropriated or injuriously affected. b. Castelvi.4 2005 CENTRALIZED BAR OPERATIONS ii. Exemption of government from taxation. or occupation to be taxed within taxing jurisdiction Basis: power emanating from necessity (lifeblood theory) Who may exercise: generally. a. C. No. property. 4. entry must be more than a momentary period. there is practical destruction or a material impairment of value of property. Just compensation compensation is qualified by the word just to convey that equivalent must be real. owner is deprived of ordinary use of his property.power by which State raises revenue to defray necessary expenses of the Government. Art. expropriator must enter a private property.. iii.Secretariat). Constitutional limitations a. Jackie Lou Bautista (Legal Ethics) . full and fair. (Eslaban v. POWER OF TAXATION . Scope: covers persons. that only a few would actually benefit from the expropriation of the property foes not necessarily diminish the essence and character of public use (Manosca v.

•  CHAIRPERSON: Jonathan Mangundayao  ASST. Majority vote of all members of Congress required in case of legislative grant of tax exemptions. k. Russel Tacla. Non-imprisonment for nonpayment of poll tax. 2. and 3. • Any question regarding the constitutionality of a tax measure must be resolved in favor of its validity. Tax exemption of revenues and assets of. g. Barbara Jill Clara. Non-infringement of religious freedom. effect of non-payment Business or activity does not become illegal. Joy Zabala . j. Bethany Conde. d. charitable and educational purposes. Double Taxation – additional taxes are laid: 1. object Imposed on persons or property. f. including grants. Mary Ann Charisma Gutierrez. or contributions to. Amount limited to cost of: (a) issuing the license and (b) necessary inspection or police surveillance. Carlo Bautista. tonnage and wharfage dues. Any doubt regarding the taxability of any person under a valid law must be resolved in favor of that person and against the taxing power. l. p. TAX LICENSE FEE 1. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla.San Beda College of Law 5 M EMORY A ID IN P OLITICAL L AW c. h. as to basis Power of taxation – to raise revenue Police power – to regulate 2. Origin of appropriation. Non-impairment of the Supreme Court’s jurisdiction in tax cases. Leah Merida. revenue.Melissa Yoro. educational institutions. Any doubt as to the applicability of a tax exemption granted to a person must be resolved against the exemption. Non-impairment of contracts. Paid for privilege of doing something but privilege is revocable. ✍ Despite lack of specific constitutional prohibition. Mark Anthony Bayquen. Tax exemption of properties actually. Uniformity. Jenery Perez. e. donations. double taxation will not be allowed if the same will result in a violation of the equal protection clause (Nachura. on the same subject. by the same taxing jurisdiction. and tariff bills.38). Delegation of legislative authority to the President to fix tariff rates. • 4. Christopher Linag. equitability. Beatriz Geronilla. for the same purpose. and progressivity of taxation. Ian Camara. Hazel Manaog. directly and exclusively used for religious. import and export quotas. i. limitation Rate or amount to be collected unlimited provided not confiscatory. endowments. 3. during the same taxing period. Business becomes illegal. Reviewer in Political Law. Ma. Ryan Co. Fred Prieto.

altruistic feeling that the individual has contributed to the public good 6. Contracts may be impaired. POLICE POWER Lawful subject Lawful means EMINENT DOMAIN 1. Property intended for a noxious purpose is taken and destroyed. Jennifer Ang(VC. Necessity Private property. Jinky Ann Uy (Remedial Law). . 6.6 2005 CENTRALIZED BAR OPERATIONS DISTINCTIONS POLICE POWER 1. Francis Benedict Reotutar (Labor Law). When exercised by a delegate: 3. Romuald Padilla (Civil Law).Secretariat). Charmaine Torres (Taxation Law). 2. Affects only property rights Exercised only by the Government Public necessity 2. Regulates both liberty and property 2. Mark David Martinez (Criminal Law). Taking. Joy Inductivo (VC-Finance). Compensa tion is the intangible. Property is wholesome and is devoted to public use or purpose Compensati on is full and fair equivalent of the property taken Property is wholesome and is devoted to public use or purpose Compensatio n is the protection and public improvemen ts instituted by the government for the taxes paid Contracts may not be impaired. Jackie Lou Bautista (Legal Ethics) . Ronald Jalmanzar (Over-all Vice Chair). 5. R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). Jonathan Mangundayao (Political Law). Express grant by law Within the territorial limits Must not be contrary to law 5. Yolanda Tolentino(VC-Acads). Exercised only by the Government 3. 4. Due process of law. 4. Public necessity and the right of the state and of the public to selfpreservation and selfprotection. Contracts may be impaired. EMINENT DOMAIN Affects only property rights Maybe exercised by private entities Necessity of the public for the use of private property TAXATION 1. Garny Luisa Alegre (Commercial Law). 4. Elaine Masukat (VCEDP). Anna Margarita Eres (VC-Logistics). Public use. Just compensation. 5. 3.

Charmaine Torres (Taxation Law). Mark David Martinez (Criminal Law).2 2005 CENTRALIZED BAR OPERATIONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). Francis Benedict Reotutar (Labor Law). Elaine Masukat (VCEDP). Romuald Padilla (Civil Law). Jackie Lou Bautista (Legal Ethics) . Jinky Ann Uy (Remedial Law). Ronald Jalmanzar (Over-all Vice Chair). Jennifer Ang (VC. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Yolanda Tolentino(VC-Acads). Garny Luisa Alegre (Commercial Law). Joy Inductivo (VC-Finance).Secretariat).


including its: • sea bed. • subsoil. and with regard to other activities for the economic exploitation and exploration of the zone. • between. 4. regardless of (i) breadth. Kalayaan Isand Group a. b. such as the production of energy from the waters. II. 2. Christopher Linag. Joy Zabala . I). and winds. Territory of the Philippines: 1. Bethany Conde. Contiguous Zone • Extends up to 12 nautical miles from the territorial sea. Ma. consuls. • insular shelves. conserving and managing the natural resources.power of the state over persons and thing within its territory. and • aerial domain. other rights and duties provided for in the Convention. Entities exempt from this control are: 1. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. and structures. Waters: • around. c. consulates and public  CHAIRPERSON: Jonathan Mangundayao  ASST. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. the protection and preservation of marine environment. Territorial Jurisdiction . Mark Anthony Bayquen. Art. Hazel Manaog. Jenery Perez. one country. immigration or sanitary laws. 3.D. Russel Tacla.San Beda College of Law 7 M EMORY A ID IN P OLITICAL L AW Article I : NATIONAL TERRITORY I. Mary Ann Charisma Gutierrez. Leah Merida. if the waters superjacent to the seabed and subsoil. Foreign states. IV. and • connecting . marine scientific research. Philippine archipelago. Fred Prieto. b. fiscal. and one state. installations.form part of the internal waters of the Philippines. the coastal state has in the exclusive economic zone: 1.Melissa Yoro. historic right. Carlo Bautista. Foreign state property. Barbara Jill Clara. and • other marine areas. jurisdiction with regard to: a. 2. with all the islands and waters embraced therein. ARCHIPELAGIC DOCTRINE – integration of a group of islands to the sea and their oneness so that together they can constitute one unit. sovereign rights for the purpose of exploring and exploiting. and (ii) dimensions . Ryan Co. Although not part of the territory. extending up to 12 nautical miles from the low water mark. • fluvial. (see last sentence. effective control and occupation. and to certain degree. Territorial Sea • The belt of the sea located between the coast and internal waters of the coastal state on the one hand.the islands of the archipelago. the coastal State may exercise jurisdiction to prevent infringement of customs. whether living or non living. 56 of the UN Convention on the Law of the Sea) V. all other territories over which the Philippines has sovereignty or jurisdiction. the establishment and use of artificial islands. Ian Camara. III. diplomatic representatives. 2. head of states. (Art. No. Two hundred Mile Exclusive Economic Zone • not a part of the national territory but exclusive economic benefit is reserved for the country. Thus. and the high seas on the other. (P. Main purpose is to protect the territorial interests of an archipelago. 1596) 3. Beatriz Geronilla. currents. including their embassies. consisting of its: • terrestrial.

Art. Sec. VI] 2. Joy Inductivo (VC-Finance). IV. Emergency powers of President [Sec. such as arrival under distress. XVII. p. 23 (2). 6. 1996 ed. 28 (2). incorporation clause – adopts the generally accepted principles of international law as part of the law of the land. STATE PRINCIPLES REGARDING FOREIGN POLICY (SEC. 3. Article II : PRINCIPLES AND STATE POLICIES judgment and not through intervening mind of another. Delegation to Local Government units (Art X. Jackie Lou Bautista (Legal Ethics) .R. DELEGATION OF POWERS General Rule: Potestas delegata non potest delegare . II. SEPARATION OF POWERS Purpose: to prevent concentration of authority in one person or group of persons that might lead to irreparable error or abuse in exercise to the detriment of republican institutions. waive jurisdiction (Nachura. over which the state may. cooperation. Delegation to the people [Sec. adheres to the policy of peace. Mark David Martinez (Criminal Law). Art. 2. v. the highest civilian authority as the commander-in-chief of the military [Sec. 1940) Principle of Blending of Powers – instance when powers are not confined exclusively within one department but are assigned to or shared by several departments. Acts of states. RA 7160).Secretariat). Tests for Valid Delegation: Completeness test – law must be complete in all essential terms and conditions so that there is nothing for delegate to do except enforce it. Foreign merchant vessels exercising their rights of innocent passage or involuntary entry. X. ART. 18). (Nachura. Garny Luisa Alegre (Commercial Law). 4. equality. Sec. 10. 47065. Reviewer in Political Law. VI. Foreign armies passing through or stationed in its territory with its permission. Auditor General. ART. p. I.. renounces war as an instrument of national policy. 15 SCRA 569). 32. Art. 18. VII]. Francis Benedict Reotutar (Labor Law). Reviewer in Political Law. justice. Art.8 2005 CENTRALIZED BAR OPERATIONS 3.. RA 6753]. Public Service Commission.premised on the ethical principle that delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own C HAIRPERSONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT Maricel Abarentos (Over-all Chairperson). Art. Yolanda Tolentino(VC-Acads). Charmaine Torres (Taxation Law). Ronald Jalmanzar (Over-all Vice Chair). and amity with all nations. the Exceptions (Permissible Delegation): (PETAL) 1. and Such other persons and property. freedom. vessels engaged in non-commercial activities. G. 2. 4. 42). and 3. II) 1. Jinky Ann Uy (Remedial Law). 2000 ed. No. Tariff powers of the President [Sec. Art. 2. the installation of the President. Sufficient standard test – map out the boundaries of delegate’s authority by defining legislative policy and indicating circumstances under which it is to be pursued (Pelaez v. SUPREMACY OF CIVILIAN AUTHORITY (SEC. June 26. VI] 3. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Elaine Masukat (VCEDP). (Pangasinan Transportation Co. II) Ensured by: 1. Romuald Padilla (Civil Law). by agreement. Delegation to administrative bodies (power of subordinate legislation). Principle of Checks and Balances – allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excess committed by the other departments. 5. and 5. Jennifer Ang (VC. III.

3. which is the fundamental law of the civil government. Art. II) Reinforced by: 1. Optional religious instruction for public elementary and high school students [Sec. VI]. Fred Prieto. prohibition against appointment to a civil position. is assigned to the armed forces. ART. Art. etc. Filipino ownership requirement for educational institutions. of the military. II. Art. 5 (2). 5. IX-C]. Russel Tacla. so as to avoid propagation of power. Bethany Conde. 8. No religious test clause [Sec. AUTONOMY OF LOCAL GOVERNMENTS (SEC. a 3-year limitation on the tour of duty of the Chief of Staff. 6. VI]. priest etc. and respect for human rights. Classification of Rights: 1. X) Decentralization of Administration delegation of administrative powers to local government unit in order to broaden the base of governmental powers. actually. 5. and 6. and 9. SEPARATION OF CHURCH AND STATE (SEC.and 4. [Sec. 6. compulsory retirement of officers. 2.. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Hazel Manaog. Mark Anthony Bayquen. III]. which although extendible in case of emergency by the President. except when. or to any penal institution or government orphanage or leprosarium [Sec. Political rights – granted by law to members of community in relation to their direct or indirect participation in the establishment  CHAIRPERSON: Jonathan Mangundayao  ASST. Freedom of religion clause. Art. Joy Zabala . 28 (3). VI]. V. 3 (3). directly and exclusively used for religious.Melissa Yoro.San Beda College of Law 9 M EMORY A ID IN P OLITICAL L AW 2. Art. 4. except those established by religious groups and mission boards [Sec. XIV]. 3. Religious denominations and sects cannot be registered as political parties [Sec. Ian Camara. (Limbonas v. VI]. Christopher Linag. Ma. 4. VI. Mary Ann Charisma Gutierrez. Decentralization of Powers – abdication of political power in the favor of local governments units declared to be autonomous. charitable and educational purposes shall be exempt from taxation [Sec. Non-establishment of religion clause. 2. Art. Exceptions: 1. insulation of the AFP from partisan politics. Prohibition against appropriation for sectarian purposes. requirement of professional recruitment. 6. so as to avoid any regional clique from forming within the AFP [Sec. XIV]. Carlo Bautista. Prohibition against appropriation for sectarian benefits. XVI]. Leah Merida. Art. depends on Congressional declaration of emergency. the requirement that the members of the AFP swear to uphold and defend the Constitution. ART. 4 (2). and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. XVI]. No sectoral representative from religious sector [Sec. Beatriz Geronilla. Barbara Jill Clara. personages. 5. 2 (5) Art. Mangelin. 3. Churches. Jenery Perez. the professionalization of the service and the strengthening of the patriotism and nationalism. 7. Art. Ryan Co. 29 (2). 29(2). the establishment of a police force that is not only civilian in character but also under the local executives [Sec. 170 SCRA 786) Article III : BILL OF RIGHTS • set of prescriptions setting forth the funda-mental civil and political rights of the individual. Art. ART. 5. 25..

which proceeds upon inquiry and renders judgment only after trial (Darmouth College v. Woodward. informed of the evidence against him. b. decision must have something to support itself. and d. must be informed in writing of the nature and cause of the accusation against him. e. with the assistance of counsel. Romuald Padilla (Civil Law). Joy Inductivo (VC-Finance). opportunity to be heard. b. Elaine Masukat (VCEDP). L-11390. Substantive due process Requisites: a. the Interest of the public in general. which includes the right to present one’s case and support evidence in support thereof. No. .) R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). 1918. b. accused is given notice and opportunity to be heard. CIR. tribunal must consider evidence adduced. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). and not rely on the recommendation of a subordinate. Mark David Martinez (Criminal Law). and g. judgment rendered within authority of constitutional law (Mejia v. DUE PROCESS OF LAW • That which hears before it condemns. Art. Tuvera. I. 3. accused is proceeded against under the orderly processes of law. independent consideration of evidence.Publication of laws is part of substantive due process (Tañada v. right to adduce evidence in his behalf. Requisites of Criminal due process [Sec.R. an impartial court or tribunal clothed with judicial power to hear and determine matters before it.10 2005 CENTRALIZED BAR OPERATIONS 2. d. if desired. f. or at least contained in the records and disclosed to the parties. right to answer charges against him. c. accused has been heard in a court of competent jurisdiction. Procedural due process Requisites of Civil Procedural due process: a. Francis Benedict Reotutar (Labor Law). b. means employed are reasonably necessary for accomplishment of purpose and not unduly oppressive. as distinguished from that of a particular class require the intervention of the state. 4 Wheaton 518). right to a hearing. for the purpose of securing them the enjoyment of their means of happiness.Secretariat). 69 Phil 635). G. Jackie Lou Bautista (Legal Ethics) . Pamaran. Charmaine Torres (Taxation Law). c. Civil rights – rights which municipal law will enforce at the instance of private individuals. 4. b. Social and economic rights. decision must be based on evidence adduced. Ronald Jalmanzar (Over-all Vice Chair). Yolanda Tolentino(VC-Acads). 160 SCRA 457). Garny Luisa Alegre (Commercial Law). evidence must be substantial. and Human rights. d. Requisites of Due Process for Students before Imposition of Disciplinary Sanctions: a. or administration of the government. c. March 26. Requisites of Administrative Due Process: a. Jinky Ann Uy (Remedial Law). 14 (1). the decision must state the facts and the law in such a way that the parties can know the issues involved and the reasons for the decision (Ang Tibay v. III]: a. c. Jennifer Ang (VC. 2. d. Palanca. Aspects of Due Process: 1. judgment rendered upon lawful hearing and based on evidence adduced (Banco Español Filipino v. jurisdiction properly acquired over person of defending and over property which is subject matter of proceeding. 146 SCRA 446).

the complaints and any witnesses he may produce on facts personally known to them. Ryan Co. Mark Anthony Bayquen. Carlo Bautista. 1937). Such classification rests upon substantial distinctions.R. he merely determines the probability. 133 SCRA 800). Determination of probable personally by the judge. It is germane to purpose of the law.(Ateneo de Manila University v. 94902-06. No.Capulong. 4. Christopher Linag. the determination of probable cause depends to a large extent upon the finding or opinion of the judge who conducted the required examination of the applicant and the witnesses (Kho v. protects all persons. Inc. III. EQUAL PROTECTION OF LAW (SEC. 167 SCRA 393). Judge Makalintal G. Ruiz. it is a mere statutory right. Ma. ART. Joy Zabala . Deportation Board. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. 3. II. III) ☛ all persons or things similarly situated must be similarly treated both as to rights conferred and responsibilities imposed. G. 2. cause ✍ 2. SEARCHES AND SEIZURES (SEC. Requisites (SNAG) of Valid Classification: • Phil 667). Syjuco. Mary Ann Charisma Gutierrez. Rule 126. in so doing. 45685. Barbara Jill Clara. Leah Merida.San Beda College of Law 11 M EMORY A ID IN P OLITICAL L AW e. After personally examining under oath or affirmation of the complainant and the witness he may produce. instead. 2. On the basis of their personal knowledge of the facts they are testifying to. Ian Camara. Makasiar. 4. November 16. III) Scope: a popular right and hence. SEARCH WARRANT The judge must personally examine in the form of searching questions and answers. but once given. 1.R. evidence must be duly considered by the investigating committee or official designated by the school to hear and decide the case. 9 SCRA 27) and. not the certainty of the accused and. artificial persons. Beatriz Geronilla. De Leon.. Vera. No. The warrant must describe particularly the place to be searched  CHAIRPERSON: Jonathan Mangundayao  ASST. Probable Cause • Such facts and circumstances antecedent to the issuance of a warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof (People v. 5. Jenery Perez. Chief of Staff. denial constitutes violation of due process. ART. in writing and under oath.Melissa Yoro. he need not conduct a de novo hearing (Webb v. 247 SCRA 652) 1. Hazel Manaog. It applies equally to all members of the same class. 1999) WARRANT OF ARREST It is not necessary that the judge should personally examine the complainant and his witnesses (Soliven v. to a limited extent. Fred Prieto. April 21. (Sec. the judge would simply personally review the initial determination of the prosecutor to see if it is supported by substantial evidence. (People v. such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched (Burgos v. Must refer to one specific offense (Asian Surety v. 222 SCRA 644) • Right to appeal is not natural right nor part of due process. Herrera. v. 4. It is not confined to existing conditions. including aliens (Qua Chee Gan v. Rules of Court). 64 3. Russel Tacla. 37 SCRA 825) Requisites of Valid Warrant: 1. 54 SCRA 312). For a search warrant. (Bache & Co. Bethany Conde.

G. No. When Valid: 1. and its nature will necessarily vary according to whether the identity of the property or its character is a matter of concern. 1988). Rule 114. 1999) WARRANT OF ARREST “General warrants” are proscribed and unconstitutional (Nolasco v. or is attempting to commit an offense. shall be inadmissible for any purpose in any proceedings (Fruit of a Poisonous Tree Doctrine) (Stonehill v. (People v. Francis Benedict Reotutar (Labor Law). 7. and b. Yolanda Tolentino(VC-Acads). No. Mark David Martinez (Criminal Law). he has probable cause to believe based on personal knowledge of facts or circumstances that the C HAIRPERSONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). Art. when a person to be arrested is an escapee or detention prisoner. 82544. 73) person to be arrested has committed it. 20 SCRA 383) Warrantless Arrest. Mago. Rule 126. Garny Luisa Alegre (Commercial Law). and 3. SEARCH WARRANT The description of property to be seized need not be technically accurate nor necessarily precise. 2. 308 SCRA 432). Inspection of buildings and other premises for the enforcement of fire. when person to be arrested has committed. Puno. Arca. de Villa. 22 SCRA 857). Visual search at checkpoints (Valmonte vs. an offense has just been committed. 94902-06. is actually committing. When Valid 1. 5. Romuald Padilla (Civil Law). the description is required to be specific only in so far as the circumstances will allow (Kho v. DefensorSantiago. Revised Rules of Criminal Procedure) Warrantless Searches. June 28. de Villa. when right has been voluntarily waived (People v. searches of vessel and aircraft for violation of fishery. 2. G. Malasugui. No.Secretariat). searches of automobiles at borders or constructive borders for violation of immigration and smuggling laws (Papa v. 65 SCRA 336).An application for or admission to bail shall not bar the accused from challenging the validity of his arrest. Rule 113. Joy Inductivo (VC-Finance). Revised Rules of Criminal Procedure) . sanitary and building regulations. Exclusionary Rule – Evidence obtained in violation of Sec. provided search is contemporaneous to arrest and within permissible area of search (see Sec. 4. Judge De la Rosa. when a. Ronald Jalmanzar (Over-all Vice Chair). provided that he raises them before entering his plea. (Sec.R. Conduct of “areal target zoning” and “saturation drive” in the exercise of military powers of the President (Guazon v. p. 5. Jennifer Ang (VC. (Sec. Elaine Masukat (VCEDP).R. Charmaine Torres (Taxation Law). Jinky Ann Uy (Remedial Law). AND • Commissioner of Immigration and Deportation may issue warrant only for purpose of carrying out a final decision of deportation (CID v. G. III. April 21. 123595. Judge Makalintal. However. 139 SCRA 152). 63 Phil 221). 6. as an incident to a lawful arrest. the process cannot be reversed. Reviewer in Political Law. 197 SCRA 853) or there is sufficient proof of guilt of an alien (Harvey v. ✍ a valid arrest must precede the search. Diokno. 181 SCRA 623). Court of Appeals. 3. When there is a genuine reason to “stop-and-frisk” in the light of the police officer’s experience and surrounding conditions to warrant a belief that the person detained has weapons concealed (Malacat v. Revised Rules on Criminal Procedure). Chua Ho San. 178 SCRA 211). 26. 8. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).R. a John Doe Warrant (a warrant for the apprehension of a person whose true name is unknown) satisfies the constitutional requirement of particularity if there is some descrpitio personae which will enable the officer to identify the accused (Nachura.12 2005 CENTRALIZED BAR OPERATIONS and the things or person to be seized. 2. 13. Jackie Lou Bautista (Legal Ethics) . immigration and customs laws (Roldan v.

III). 1999). c. Balancing of interest rule – when particular conduct is regulated in interest of public order. Bolasa. 102 Phil. Dangerous tendency rule – words uttered create a dangerous tendency of an evil which the State has a right to prevent (Cabansag v. Where prohibited articles are in plain view (Chia v. the right must be exercised in such a way as will not prejudice the public welfare (De la Cruz v. 2. and b. Ryan Co. 2. 80 Phil 71) Permit for public assembly is not necessary if meeting is to be held in: ✍  CHAIRPERSON: Jonathan Mangundayao  ASST. 126183 &129221. III) Aspects: 1. identified with imminent and immediate danger. as may be provided by law (Sec. Mary Ann Charisma Gutierrez. 1999). 125754. Bethany Conde. d. the duty of the courts is to determine which of the 2 conflicting interests demands the greater protection under the particular circumstances presented (American Communications Association v. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Hazel Manaog. Fugoso. 339 US 282). 3. Fernandez. Tests for Valid Government Interference to Freedom of Expression: 1. G.S.22. (People v. (Primicias v. Assembly and Petition: • The right to assemble is not subject to prior restraint and may not be conditioned upon the prior issuance of a permit or authorization from the government authorities. 502). public safety or public order requires otherwise. III] Limitations: 1. • If assembly is to be held at a public place. U. Clear and present danger rule – when words are used in such circumstance and of such nature as to create a clear and present danger that will bring about substantive evil that State has right to prevent (Schenck v. Joy Zabala . Beatriz Geronilla. 3.R. the evidence was inadvertently discovered by the police who have the right to be where they are. Elements: a. Mark Anthony Bayquen. ART.San Beda College of Law 13 M EMORY A ID IN P OLITICAL L AW December 1. March 25. Russel Tacla. and the regulation results in an indirect. However. 177 SCRA 755) Plain View Doctrine – objects within the sight of an officer who has the right to be in a position to have that view are subject to seizure and may be presented as evidence (open to the eye and hand). permit for the use of such place. 1997 citing Terry vs. a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties. and not for the assembly itself may be validly required. the danger must not only be probable. 4. Collector of Customs. Actg. present – time element. V. Barbara Jill Clara. PRIVACY OF COMMUNICATION AND CORRESPONDENCE (SEC. and 9. conditional. ART. IV. Comelec. Jenery Perez. 27 SCRA 835). Douds. Ohio). a. Fred Prieto. Dec. partial abridgment of speech. Carlo Bautista. 2. but very likely inevitable (Gonzales v. Nos. freedom from censorship or prior restraint. b. the evidence must be immediately apparent. by lawful order of the court. 249 US 97). plain view justified mere seizure of evidence without further search. Ian Camara. Court of Appeals. Leah Merida. GR No. Ma. 3(1).Melissa Yoro. FREEDOM OF EXPRESSION (SEC. clear – causal connection with the danger of the substantive evil arising from the utterance questioned. Christopher Linag. freedom from subsequent punishment. Power of local officials is merely for regulation and not for prohibition.. Art.

No. • These are political rights that are available to citizens only. RIGHTS OF AN ACCUSED UNDER CUSTODIAL INVESTIGATION (SEC. FREEDOM OF RELIGION (SEC. eminent domain – may impair obligations of contracts. and Freedom to act on one’s belief – subject to regulation. 880 (The Public Assembly Act of 1985)]. • 2. nor d. b. III) Impairment – anything that diminishes the efficacy of contract Limitations: 1. Garny Luisa Alegre (Commercial Law). or c. XI. Elaine Masukat (VCEDP). Jackie Lou Bautista (Legal Ethics) . as may be provided by law. Right to information to matters of public concern. CA. 39) Freedom of religious belief and worship Dual aspect of freedom of religious belief and worship: a. 85) IX. taxation – cannot impair obligation of contracts. Jinky Ann Uy (Remedial Law). b. Francis Benedict Reotutar (Labor Law). State cannot set-up church. LIBERTY OF ABODE (SEC. any person on bail (Silverio vs. Reviewer in Political Law. G. Also guarantees the right not to join an association. a private place. VI. AND VII. RIGHT TO INFORMATION (SEC. Force him to profess a belief or disbelief in any religion (Martin. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). In the interest of national security. 5. c. Joy Inductivo (VC-Finance).) R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). ART. X.R. a freedom park. VIII. Blg. p. ART. ART. April 8. police power – prevails over contracts. and 2. 1991. to overcome the inherent pressure of the interrogating atmosphere. Mark David Martinez (Criminal Law). b. 6. III) 1. Philippine Constitution.lawful order of the court 2.Secretariat).14 2005 CENTRALIZED BAR OPERATIONS a. ART. ART. 12. b. Right to travel a. 10.P. RIGHT TO (SEC. to show the individual that his interrogators are prepared to recognize his privilege should he choose to invoke it. Yolanda Tolentino(VC-Acads). III 1. Cannot pass laws which aid one religion. Liberty of abode . b. III) Limitations: 1. Charmaine Torres (Taxation Law). all religions or prefer one over another. 2. and c. public health. Corollary right of access to official records and documents. [B. III) Rights guaranteed: 1. Freedom to believe – absolute. (Bernas. p. 8. ✍ Rationale: a. 3. III • FORM ASSOCIATIONS Right to form association shall not be impaired without due process of law. public safety. to make him aware of it. right to be informed of his right to remain silent and to counsel. Jennifer Ang (VC. NON-IMPAIRMENT OF CONTRACTS (SEC. 94284. ART. Non-establishment clause Scope: a. Romuald Padilla (Civil Law). Nor influence a person to go to or remain away from church against his will. Ronald Jalmanzar (Over-all Vice Chair). 7. the campus of a governmentowned or operated educational institution.

4. Barasina. Bonola. . 5.Melissa Yoro. No. no force. anything he says can and will be used against him. Jenery Perez. G. 6. Leah Merida. Mary Ann Charisma Gutierrez. 229 SCRA 450). right to be reminded that if he waives his right to remain silent. to inform him that if he does not have counsel or cannot afford one. since the inherent pressure initially overcome by the right to remain silent may again run unless coupled with the right to counsel. b. right to remain silent. 114385. 240 SCRA 541).R. b. if the person cannot afford the services of former. Christopher Linag.Rationale: a. and b. 3. Hazel Manaog. 8. Ryan Co. to warn him of the consequences of waiving his right to remain silent. Russel Tacla. 2. 7. Jerez. Bethany Conde. . 55 SCAD 418). the suspect has the final choice as he may reject the counsel chosen for him and ask for another one (People v. to mitigate the dangers of untrustworthiness in his testimony.Rationale: a. the police carry out a process of interrogation that lends itself to eliciting incriminating statements (People v. G. Ma. and contemplates effective communication which results in the subject understanding what is conveyed (People v. 1997). Mark Anthony Bayquen. to lessen the possibility of coercion by the police. Fred Prieto. right to have competent and independent counsel preferably of his own choice. ✍ What is sought to be avoided by the rule is the evil of extorting from the very mouth of the person undergoing interrogation for the commission of an offense the very evidence with which to prosecute and thereafter to convict him (People v. Carlo Bautista.. 1998).12. and the police are not acting in his interest. 7438 provides that custodial investigation shall include the practice of issuing an invitation  CHAIRPERSON: Jonathan Mangundayao  ASST. etc. the suspect has been taken into police custody. Art. Agustin. Joy Zabala . January 19. to inform him that his poverty is no reason why he should lose his right to counsel. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. confessions/admissions obtained in violation of these rights are inadmissible as evidence.San Beda College of Law 15 M EMORY A ID IN P OLITICAL L AW • Carries the correlative obligation on the part of the investigator to explain. secret detention places. III are available when the investigation is no longer a general inquiry unto an unsolved crime but has begun to focus on a particular suspect. “preferably of his own choice” • does not mean that the choice of a lawyer is exclusive as to preclude other equally competent and independent attorneys from handling the defense (People v. are prohibited. 116394. Beatriz Geronilla. While the choice of the lawyer is naturally lodged in the police investigators. ✍ Sec. When available ✍ the rights under Sec. right to be provided with counsel. to make him aware that this is an adversary system. he does not have to defend himself alone. etc. which vitiates free will shall be used. Ian Camara. June 19. Mara. No. Barbara Jill Clara. Rationale: a. 2 of RA No.R.

still he cannot be denied bail before conviction if it is a matter of right. the right to counsel when making the waiver of the right to remain silent or to counsel.) Before or after conviction by the MTC. to guarantee his appearance before any court as required under conditions specified under the rules of court. reclusion perpetua or life imprisonment.Secretariat). Rights of Person Suspected and Subsequently Charged: 1. Yolanda Tolentino(VC-Acads). Before case is filed in court/prosecutor for preliminary investigation but after being put into custody to or otherwise deprived of liberty. to be informed thereof. given for the release of a person in custody of law. Mark David Martinez (Criminal Law). to cross-examination. or be released on recognizance as prescribed by law or this rule: (a.Even when the accused has previously jumped bail. furnished by him or a bondsman. e. 2.Suspension of the writ of habeas corpus does not suspend right to bail [Sec. Rule 114. Ronald Jalmanzar (Over-all Vice Chair). 13. to remain silent. What rights may be waived: 1.13. . Jinky Ann Uy (Remedial Law). to testify on his behalf. Jennifer Ang (VC. threat. Rovira. .III]. the right to counsel. to refuse to be witness against himself. RIGHT TO BAIL (SEC. The remedy is to increase the amount of bail. 2. After the case is filed in court: a. to have evidence obtained in violation of these rights inadmissible as evidence. 1. L-1771. (Sy Guan v. BAIL. 75 Phil. with sufficient sureties. 1947). December 4. or intimidation which vitiates free will. and (b. 2. ✍ Waiver must be in writing and in the presence of counsel. What rights cannot be waived: 1. Garny Luisa Alegre (Commercial Law). Art.16 2005 CENTRALIZED BAR OPERATIONS to a person who is under investigation in connection with an offense he is suspected to have committed. while testifying. not to have prejudice imputed on him as a result of such refusal. Jackie Lou Bautista (Legal Ethics) .) Before conviction of the RTC of an offense not punishable by death. Amparo. the right to be informed of his right to remain silent and to counsel. XII. 4) All persons in custody shall be admitted to bail as a matter of right. the right to remain silent. and on being interrogated by police: a. b. b. Charmaine Torres (Taxation Law).R. c. Francis Benedict Reotutar (Labor Law). 634). violence.The right to bail may be invoked once detention commences even if no formal charges have yet to be filed (Teehankee v. G. c. (see Sec. d. ART. SEC. not to be subjected to force. Joy Inductivo (VC-Finance). III) BAIL . Elaine Masukat (VCEDP). A MATTER OF RIGHT (RULE 114. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). to refuse questions which tend to incriminate him for some crime other than present charge. Romuald Padilla (Civil Law). No. . Revised Rules of Criminal Procedure).

Christopher Linag. 7) No person. in its discretion. penalty for offense. the judge could not possibly assess the weight of the evidence against the accused before granting the latter’s application for bail (Buzon v. accused to be heard in court of competent jurisdiction. WHEN DISCRETIONARY (RULE 114. probability of his appearance at trial. reclusion perpetua. character and reputation of accused.Every circumstance favoring the innocence of the accused must be taken into account. or at least he must be asked for his recommendation. may allow the accused to continue on provisional liberty after the same bail bond during the period to appeal subject to the consent of the bondsman. 1997). If the court imposed a penalty of imprisonment exceeding 6 years but not more than 20 years. September 10. 14. Ryan Co. Barbara Jill Clara. with notice to the accused.) evidence of guilt is strong. judgment rendered was within the authority of constitutional law. the accused shall be denied bail. The court. or his bail previously granted shall be cancelled. 5. Hearing: whether bail is a matter of right or of discretion. 4. 3. RTJ-97-1387. 5) Upon conviction by the RTC of an offense not punishable by death. 8. Leah Merida. (c) that the accused committed the offense while on probation. Joy Zabala . b. Hazel Manaog. (Sec. because in fixing the amount of bail. shall be admitted to bail if: (a. Rule 114. SEC. d. or has violated the conditions of his bail without valid justification. (d) that the circumstances of the accused or his case indicate the probability of flight if released on bail. 2. of the following or other similar circumstances: (a) that the accused is a recidivist. or has committed the crime aggravated by the circumstance of reiteracion. Criminal Due Process: a. Standards for fixing amount of bail: 1. A. age and health of accused. Ma. accused given notice and opportunity to be heard. Presumption of Innocence – . the court. Mark Anthony Bayquen. the judge is required to take into account a number of factors (Cortes v. a hearing on the motion for bail must be conducted by the judge to determine whether or not the evidence of guilt is strong (Baylon v. or (e) that there is undue risk that during the pendency of the appeal. or life imprisonment. Russel Tacla.San Beda College of Law 17 M EMORY A ID IN P OLITICAL L AW 9. ART.  Excessive bail shall not be required.M. or under conditional pardon. may admit the accused to bail. AND (b. evaded sentence. 243 SCRA 284). whether he was a fugitive from justice when arrested . SEC. reasonable notice of hearing is required to be given the prosecutor. Mary Ann Charisma Gutierrez. 2. Beatriz Geronilla. 9. pendency of other cases where he is on bail. accused proceeded against under orderly processes of law. parole. or an offense punishable by reclusion perpetua or life imprisonment. Carlo Bautista. 253 SCRA 601). Fred Prieto. forfeiture of other bail.  CHAIRPERSON: Jonathan Mangundayao  ASST. RIGHTS OF THE ACCUSED (SEC. ✍ Without a hearing. upon showing by the prosecution.Melissa Yoro.) charged with a capital offense. Revised Rules of Criminal Procedure) WHEN BAIL SHALL BE DENIED (RULE 114. weight of evidence against him. on application. No. Judge Sison. c. Ian Camara. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. (b) that the accused is found to have previously escaped from legal confinement. the accused may commit another crime. nature and circumstances of offense. regardless of the stage of the criminal prosecution. Bethany Conde. quasirecidivist. BAIL. XIII. Judge Catral. 7. ✍ When the accused is charged with an offense punishable by reclusion perpetua or higher. 6. Judge Velasco. or habitual delinquent. III) 1. financial ability of accused. and 10. Jenery Perez.

4. capricious and oppressive delays. Mark David Martinez (Criminal Law). Ruiz. Public – to prevent possible abuses which may be committed against the accused. Sumulong-Torres. Right to meet witness face to face Equipoise or Equiponderance of Evidence– evidence of both sides are equally balanced. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). 135). 1999). hence shall be avoided (Nachura.18 2005 CENTRALIZED BAR OPERATIONS - The proof against him must survive the test of reason. Romuald Padilla (Civil Law). Charmaine Torres (Taxation Law). Jinky Ann Uy (Remedial Law). p. ART. Right to cross-examination may be waived. an efficient and truly decisive legal assistance. ✍ after arraignment. Right to compulsory process to secure attendance of witnesses and production of evidence. Impartial – accused entitled to cold neutrality of an impartial judge. Jennifer Ang (VC. 195 SCRA 700) 6. Garny Luisa Alegre (Commercial Law).R. ✍ Witnesses not submitted for ✍ 7. and to due process as well. with the day and cause of his capture and detention. commanding him to produce the body of the prisoner at designated time and place. Ronald Jalmanzar (Over-all Vice Chair). 131). where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished and. Reviewer in Political Law. XIV. and not simply a perfunctory representation (People v. Francis Benedict Reotutar (Labor Law). Reviewer in Political Law. 120420. Speedy – free from vexatious. 16. and to receive whatever court or judge awarding writ shall consider in his behalf. (People v. Yolanda Tolentino(VC-Acads). 5. Right to speedy. to do. Void-for-vagueness rule – accused is denied the right to be informed of the charge against him. April 21.Secretariat). impartial and public trial. 251 SCRA 709). ✍ Habeas corpus lies only where the restraint of a person’s liberty has been judicially adjudged to be illegal or unlawful (In Re: Petition for Habeas Corpus of Wilfredo S. Trial in absentia 8. Joy Inductivo (VC-Finance). Elaine Masukat (VCEDP). to submit to. Bermas. ART. 90 SCRA 428). ✍ absence is unjustified.RIGHT TO SPEEDY DETERMINATION OF CASES (SEC. ✍ Description not designation of the offense is controlling. p. XV. (Nachura. cross-examination not admissible as evidence. 3. the strongest suspicion must not be permitted to sway judgment. ✍ due notice. 15. III) WRIT OF HABEAS CORPUS – writ issued by court directed to person detaining another. ✍ Right to counsel during the trial is not subject to waiver (Flores v. Right to be informed of nature and cause of accusation against him. III) ✍ all persons shall have the right to speedy disposition of cases before AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). Austria. Effect in criminal prosecution: acquittal of accused because it is insufficient to overcome presumption of innocence. HABEAS CORPUS (SEC. G. No. Jackie Lou Bautista (Legal Ethics) . Right to be heard by himself and counsel ✍ The accused is amply accorded legal assistance extended by a counsel who commits himself to the cause of the defense and acts accordingly.

No. III) . valid complaint or information. including civil actions and administrative or legislative investigations. Joy Zabala . III) Requisites: 1. 18 (2). Bethany Conde. III]. return to work order in industries affected with public interest (Kaisahan ng Mangagawa sa Kahoy v. Jenery Perez. filed before competent court.Melissa Yoro. Beatriz Geronilla. but also in all other government proceedings. Baldwin. Fred Prieto. III] • No person shall be detained by reason of his political beliefs or aspirations XVIII. 2. Pompeya. 138 SCRA 274). March 29. Scope: applies only to testimonial compulsion and production of documents. ART. and 6. Art. 19. Russel Tacla.(2). DOUBLE JEOPARDY (SEC. XXI. SELF-INCRIMINATION (SEC. III) Prohibited punishment . 2. 245) 5. 18(2). Ian Camara. or imprisonment. ART. Leah Merida. Mary Ann Charisma Gutierrez. as punishment for a crime whereof one has been duly convicted [ Sec. to labor for another. 18 (1). 1948). 2. papers and chattels in court except when books of account are to be examined in exercise of power of taxation and police power. G. Except: 1. par. posse comitatus (US v. 31 Phil. 17. L-1573.No person shall be imprisoned for debt or non-payment of poll tax. ART. 18 (8). III] • Condition where one is compelled by force. Transactional Immunity Statute – testimony of any person or whose possession of documents or other evidence necessary or convenient to determine the truth in any investigation conducted is immune from criminal prosecution for an offense to which such compelled testimony relates [Sec. Barbara Jill Clara. III) Availability: not only in criminal proceedings. Debt – any civil obligation arising from a contract. Carlo Bautista. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. 3. Use and Fruit Immunity Statute – prohibits the use of a witness’ compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness (Galman v. NON-IMPRISONMENT FOR DEBTS (SEC. disproportionate to nature of offense as to shock senses of community. Art. service in defense of the state [Sec 4. 20. naval enlistment (Robertson v. XX. XVI.R. ART. Pamaran. 4. Poll Tax – a specific sum levied upon any person belonging to a certain class without regard to property or occupation (e. Ryan Co. II]. May be claimed not only by accused but by witness to whom an incriminating question is addressed. XVII. Gotamco Sawmills.mere severity does not constitute cruel or unusual punishment. NON-DETENTION BY REASON OF POLITICAL BELIEFS OR ASPIRATION [SEC. and General Rule: No involuntary Servitude shall exist. To violate constitutional guarantee. Art. quasi-judicial administrative bodies. Mark Anthony Bayquen. PROHIBITED PUNISHMENTS (SEC. penalty must be flagrant and plainly oppressive. ART. Christopher Linag. coercion. ART. and against his will. 21. Ma. Community Tax ) ✍A Tax is not a debt since it is an obligation arising from law hence its non-payment maybe validly punished with imprisonment. FC] XIX. patria potestas [Art. XIII]. whether he is paid or not. Coverage: 1.g. 165 US 275). INVOLUNTARY SERVITUDE [SEC. Hazel Manaog.San Beda College of Law 19 M EMORY A ID IN P OLITICAL L AW judicial. 211.  CHAIRPERSON: Jonathan Mangundayao  ASST.

22 ART. Jackie Lou Bautista (Legal Ethics) . conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Reopening of Kuratong Baleleng Cases: The new rule (Rule117. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). III) EX POST FACTO LAW Kinds: 1.R. or b. This would prevent absurd results and injustice to the Sate. vs. Judge Villarama. when made at instance of the accused. 7. 210 SCRA 246). of deprivation of right for something which when done was lawful. 3. graver offense developed due to supervening facts arising from the same act or omission. 5. Francis Benedict Reotutar (Labor Law). G. 4. and 3. Sec 8) has fixed a time-bar of one year or two years for the revival of criminal cases provisionally dismissed with the express consent of the accused and with a priori notice to the offended party.20 2005 CENTRALIZED BAR OPERATIONS 3. 2. Joy Inductivo (VC-Finance). law making an act criminal which was not before its passage. Romuald Padilla (Civil Law). same offense. and 2. • Doctrine of Supervening Event – prosecution for another offense if subsequent development changes character of the first indictment under which he may have already been charged or convicted. when ground for dismissal is insufficiency of evidence. 1. Crimes covered: 1. conviction or acquittal under either shall bar another prosecution for the same act. 2003) ✍ Dismissal of action. EX POST FACTO LAW AND BILL OF ATTAINDER (SEC. and defendant was previously acquitted or convicted or the case dismissed or otherwise terminated without his express consent (People v. law assuming to regulate civil rights and remedies only. XXII. law altering legal rules of evidence and receive less or different testimony than law required at time of commission. Jennifer Ang (VC. facts constituting graver offense arose or discovered only after filing of former complaint or information. (People. in order to convict accused. plea of guilty to lesser offense was made without the consent of prosecutor or offended party (People v. 58 Phil 851) Two types: 1. Charmaine Torres (Taxation Law). 4. Yolanda Tolentino(VC-Acads).Secretariat). Ylagan. when the proceedings have been unreasonably prolonged as to violate the right of the accused to a speedy trial. Mark David Martinez (Criminal Law).  The time-bar cannot be applied retroactively in 1999 when the cases were dismissed for to so. Panfilo Lacson. Jinky Ann Uy (Remedial Law). et al. 2. Ronald Jalmanzar (Over-all Vice Chair). in effect imposes a penalty 6. April 1. the state shall effectively have less than two years to reopen the case because the rule only took effect in December 2000. or attempt to commit or frustration thereof or for any offense which necessarily includes or is necessarily included in the offense charged in original complaint or information. No. law aggravating penalty for crime committed before passage. Garny Luisa Alegre (Commercial Law). when an act is punished by a law and an ordinance. No person shall be twice put in jeopardy of punishment for the same offense. law inflicting greater or more severe penalty. law depriving accused of some lawful protection to which he had been AND Conviction of accused shall NOT bar another prosecution for an offense which necessarily includes the offense originally charged when: R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). except: a. 2. If an act is punishable by a law and an ordinance. does not put accused in first jeopardy. 149453. Elaine Masukat (VCEDP). to which defendant has pleaded.

a. who elect Philippine citizenship upon reaching the age of majority Who Must Be Natural Born Citizens a. Bethany Conde. Art. or a proclamation of amnesty. 2004) Natural Born Citizens (Sec. prejudice the accused. confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate (Tecson vs. BILL OF ATTAINDER .1(1) of Arts.legislative act that inflicts punishment without trial. Modes of acquiring citizenship: 1. Ombudsman and his deputies [Sec. Members of Congress [Sec. Art. Those who are citizens under the 1973 Constitution. who before the adoption of the Constitution had been elected to public office in the Philippines. 1. CITIZENSHIP membership in a political community which is personal and more or less permanent in character. Republic (25 April 1957. XII]. Ryan Co. 161434. Those naturalized in accordance with law. jus sanguinis. Art. Justices of the Supreme Court and lower collegiate courts [Sec. c. and 3.R. Comelec. Christopher Linag. refers to criminal matters. IV) 1. and b. Constitutional Commissions [Secs. IX-B. Those born before January 17.20. legislative declaration of guilt. 2.8. during which regime respondent FPJ has seen first light.R. Fred Prieto. 2. 3. g. h. 3.President [Sec. Jenery Perez. such a protection of a former conviction or acquittal. Vice President [Sec. Ian Camara. who elect Philippines citizenship upon reaching the age of majority. G. Art. b. Caram Rule – under the 1935 Constitution. NATURALIZATION Qualifications for Naturalization: 1. b. Barbara Jill Clara. Leah Merida.2. Article IV : CITIZENSHIP I. Those born before January 17. jus soli. Joy Zabala .  CHAIRPERSON: Jonathan Mangundayao  ASST. March 3. Those declared citizens by judicial declaration applying the jus soli principle. c. and IX-D]. d.Melissa Yoro. f. By marriage Citizens of the Philippines (Sec.San Beda College of Law 21 M EMORY A ID IN P OLITICAL L AW entitled. 2. Chairman and members of the Commission of Human Rights [Sec. Those who are naturalized in accordance with law (Act 2927). L-9602). II. Beatriz Geronilla. 1973 of Filipino mothers. Russel Tacla.XI]. FPJ Disqualification Case: The 1935 Constitution. IV): 1. are considered Filipino citizens. Art. By birth a. those born in the Philippines of foreign parent. G. 2. Ma. IX-C.17(2). e. 7(1). Members of the governing board of the Central Monetary Authority [Sec. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.XIII]. 1973. Art. before Tio Tiam v. Mark Anthony Bayquen. Characteristics: 1.3 & 6. Those who are citizens under the Treaty of Paris. Carlo Bautista. VIII]. Art. Those who are citizens under the 1935 Constitution. Hazel Manaog. retroactive. No.3. d. Mary Ann Charisma Gutierrez. VII]. VII]. ✍ Time to elect: 3 years after age of majority 4. Art. e. VI]. Those whose fathers or mothers are citizens of the Philippines. of Filipino mothers. 2. No. Art. Those who are Filipino citizens at time of adoption of the 1987 Constitution. not less than 18 years of age on date of hearing of petition (as amended by RA 6809). By naturalization.

or not evinced sincere desire to learn and embrace customs. Own real estate in the Philippines not less than P5. or have some lucrative trade. (as amended by Sec. g. or in any of branches of education or industry for a period of not less than 2 years. The widow or children of the applicant who died before his application was granted. traditions and ideals of Filipinos. b. Disqualification for Naturalization: a. c. 4. Elaine Masukat (VCEDP). and 6. b. Mark David Martinez (Criminal Law). Jinky Ann Uy (Remedial Law). (Moy Ya Lim Yao v. b. Garny Luisa Alegre (Commercial Law). polygamists or believers in polygamy. believes in the Constitution. Those who have resided in the Philippines for thirty years. personal assault or assassination for the success or predominance of their ideas. established new industry or introduced a useful invention. c. citizens or subjects of foreign country whose laws do not grant Filipinos right to become naturalized citizens or subjects thereof (no reciprocity). character: a. opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments. of Immigration. ON THE MINOR CHILDREN (i) If born in the Philippines – automatically becomes a citizen. XIV). Francis Benedict Reotutar (Labor Law). Exception: a. f. during the period of such war. c. Romuald Padilla (Civil Law). conducted himself in an irreproachable conduct during his stay in the Philippines. Enrolled minor children in any public or private school recognized by government where Philippine history. d. 2. may be reduced to 5 years. 5. during the entire period of residence prior to hearing of petition. engaged as teacher in Philippine public or private school not established for exclusive instruction to particular nationality or race. b. 41 SCRA 292). Jennifer Ang (VC. born in the Philippines. suffering from mental alienation or incurable contagious disease. c. 3. Those born in the Philippines and received primary and secondary education in a Philippine school. citizens or subjects of nations with whom the Philippines is at war. Comm. Ronald Jalmanzar (Over-all Vice Chair). h. e. who during residence in the Philippines have not mingled socially with Filipinos. Charmaine Torres (Taxation Law). Declaration of Intention – must be filed with the Office of the Solicitor General one year before filing of application for naturalization. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). profession or lawful occupation that can support himself and his family.22 2005 CENTRALIZED BAR OPERATIONS 2.Secretariat).honorably held office in the Philippines. government and civics are taught as part of curriculum. convicted of crime involving moral turpitude. Joy Inductivo (VC-Finance). Effects of Naturalization : 1. 6 Art. d. ON THE WIFE vests citizenship on wife who might herself be lawfully naturalized. married to a Filipino woman. Yolanda Tolentino(VC-Acads). resided in the Philippines for not less than 10 years. and e. defending or teaching necessity or propriety of violence.000 in value. if: a. Jackie Lou Bautista (Legal Ethics) . She need not prove her qualifications but only that she is not disqualified. Speak and write English or Filipino and any principal Philippine dialects. If born abroad R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). good moral character.

III. Grounds for Denaturalization: a) naturalization certificate obtained fraudulently or illegally.Melissa Yoro.San Beda College of Law 23 M EMORY A ID IN P OLITICAL L AW If born before the naturalization of the father (ia) residing in RP at the time of naturalization – automatically becomes citizen.R. and b) If the ground is personal. finding of his citizenship is affirmed by the Supreme Court. Effects of Denaturalization: a) If ground affects intrinsic validity of proceedings. the wife and children shall retain citizenship. and e) allowing himself to be used as dummy. Having been declared by final judgment a deserter of Philippines Armed Forces in times of war. provided registered as such before any Philippines consulate within 1 year after attaining majority age and takes oath of allegiance. 1999) 3. – The mere application or possession of an alien certificate of registration does not amount to renunciation (Mercado vs. Express renunciation of citizenship (expatriation). Mark Anthony Bayquen. General Rule: Res judicata does not set in citizenship cases. unless begins to reside permanently in the Philippines. May 26. Cancellation of certificate of naturalization. 5. with the active participation of the Solicitor General or his representative. Christopher Linag. Ian Camara. Carlo Bautista. Mary Ann Charisma Gutierrez. Rendering service to or accepting commission in the armed forces of a foreign country. and 3. G. Jenery Perez. Manzano. Ma. Fred Prieto. 6. b) if. c) naturalization obtained through invalid declaration of intention. 2. No. Hazel Manaog. Beatriz Geronilla. (ib) if not residing in RP at the time of naturalization – considered citizen only during minority. Russel Tacla. within 5 years. he returns to his native country or to some foreign country and establishes residence therein. Subscribing to an oath of allegiance to constitution or laws of foreign upon attaining of 21 years of age. 4. LOSS OF PHILIPPINE CITIZENSHIP: (CA 63) (C2 RAND) 1. Bethany Conde. ✍ Citizens may not divest citizenship when Philippines is at war. d) minor children failed to graduate through the fault of the parents either by neglecting support or by transferring them to another school. Leah Merida. 135083. Naturalization in a foreign country. person’s citizenship is resolved by court or an administrative body as a material issue in the controversy.  CHAIRPERSON: Jonathan Mangundayao  ASST. Doctrine of Indelible Allegiance – an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired. Barbara Jill Clara. Ryan Co. Exception: 1. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. 2. denaturalization shall divest wife and children of their derivative naturalization. Joy Zabala . after a fullblown hearing. (ii) If born born outside the Philippines after parents’ naturalization considered Filipino.

Allows the person to recover or return to his original status before he lost his Philippine citizenship (Bengzon III v. Romuald Padilla (Civil Law). Elaine Masukat (VCEDP). as a result of concurrent application of the different laws of two or more states. c. Art. 5.R. Ronald Jalmanzar (Over-all Vice Chair). 142840. Mark David Martinez (Criminal Law). and b. By repatriation. Filipino women who have lost their Philippine citizenship by marriage to aliens and. HRET. ☛ The applicant should not be a: a. by some positive act. Person convicted of crimes involving moral turpitude: or d. illegitimate or adopted. 2. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). By naturalization. Yolanda Tolentino(VC-Acads).24 2005 CENTRALIZED BAR OPERATIONS IV. Person opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government. a person is simultaneously considered a national by said states. May 7. below eighteen (18) years of age. • Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration. after the effectivity of the said RA become citizens of a foreign country shall retain their Philippine citizenship.Secretariat).The unmarried child. 2. personal assault. The Bureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the certificate of identification as Filipino citizen to the repatriated citizen. By direct act of Congress. Arises when. natural-born Filipinos who have lost their Philippine citizenship on account or political or economic necessity. or association for the predominance of their ideas. Derivative Citizenship . REACQUISITION OF CITIZENSHIP 1. b. DUAL ALLEGIANCE (Sec. Person suffering from mental alienation or incurable contagious diseases. ☛ RA 8171 is an act providing for the repatriation of: a. 2003 provides that. V. whether legitimate." approved on August 29. Jinky Ann Uy (Remedial Law). Natural born citizens of the Philippines who. Charmaine Torres (Taxation Law). b. Refers to the situation where a person simultaneously owes. Result of an individual’s volition and is prohibited by the Constitution R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT Maricel Abarentos (Over-all Chairperson). No. 2001) 3. upon taking the oath of allegiance to the Republic: a. Natural born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship. RA 9225 also known as the "Citizenship Retention and Re-acquisition Act of 2003. Jackie Lou Bautista (Legal Ethics) . Involuntary DUAL ALLEGIANCE 1. • C HAIRPERSONS 2. Joy Inductivo (VC-Finance). Person defending or teaching the necessity or propriety of violence. IV) DUAL CITIZENSHIP 1. G. loyalty to two or more states. Garny Luisa Alegre (Commercial Law). Francis Benedict Reotutar (Labor Law). Jennifer Ang (VC. of those who re-acquire Philippine citizenship upon effectivity of the said RA shall be deemed citizens of the Philippines.

Provided. RESIDENCE . Mark Anthony Bayquen. resided in the Philippines for at least one year. and 3. Those who have lost their Filipino citizenship in accordance with Philippine laws.San Beda College of Law 25 M EMORY A ID IN P OLITICAL L AW otherwise disqualified by law. Christopher Linag. however. residence or bodily presence in the new locality. Ian Camara. unless he/she executes. Such affidavit shall also state that he/she has not applied for citizenship in another Article V : SUFFRAGE I. 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. an intention to abandon the old residence. Beatriz Geronilla. Who may exercise (Sec. 2. who are not  CHAIRPERSON: Jonathan Mangundayao  ASST. c. resided in the place they propose to vote for at least 6 months immediately preceding the election. 453) III. 73 Phil. further.A. 9189) 1. Joy Zabala . Hazel Manaog. (Gallego v. senators and party-list representatives.1. Carlo Bautista.has dual meaning (Sec. Art. an intention to remain there. Leah Merida. 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. Definition of Terms Absentee Voting . at least 18 years of age 3. d. Coverage – all citizens of the Philippines abroad. not otherwise disqualified by law. Second – requirement of residence in the place where one intends to vote: ✍ can mean domicile or temporary residence Requisites of Acquisition of Domicile by Choice: 1. Provided. Overseas Absentee Voter . Fred Prieto.the process by which qualified citizens of the Philippines abroad exercise their right to vote. vice-president. at least eighteen (18) years of age on the day of elections. all citizens of the Philippines. 2. upon registration. Art. who is abroad on the day of elections. SUFFRAGE . b.right to vote in elections. 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. Jenery Perez.Melissa Yoro. Verra. Disqualifications a. Bethany Conde. V): First – as a requirement of residence in the Philippines: synonymous with “domicile” ✍ imports both intention to reside and personal presence coupled with conduct indicative of such intention. Barbara Jill Clara. may vote for president. Russel Tacla. 3. and 4. 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. Ryan Co. Ma. such disability not having been removed by plenary pardon or amnesty. 1. II. including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code. THE OVERSEAS ABSENTEE VOTING ACT OF 2003 (R. V) 1. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla.a citizen of the Philippines who is qualified to register and vote under this Act. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country. An immigrant or a permanent resident who is recognized as such in the host country. 2. not otherwise disqualified by law. Mary Ann Charisma Gutierrez.

the local legislative body shall adopt in toto the proposition presented. LEGISLATIVE POWER 1. Jackie Lou Bautista (Legal Ethics) . Article VI : LEGISLATIVE DEPARTMENT I. The People’s Participation in the Government Consist of: 1. provincial. e. the period shall be 18 months after approval. Ratifying the Constitution [Sec. 3. Approving any amendment thereto [Sec. resolution or ordinance. modified or amended by the sanggunian within 6 months from the date of approval thereof. Classes of initiative: 1. Art. Creating metropolitan authorities [Sec. power of local initiative shall not be exercised more than once a year. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).10. RA 7160) Indirect Initiative – exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. initiatives shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact. municipality or barangay law. Francis Benedict Reotutar (Labor Law). Referendum and Initiative Initiative – power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. if at anytime before the initiative is held. Art. Charmaine Torres (Taxation Law). 2. Garny Luisa Alegre (Commercial Law). Vested in Congress. Initiative on the Constitution – petition proposing amendments to the Constitution. Initiative on Local Legislation – petition proposing to enact a regional. 2. Jennifer Ang (VC.X]. the initiative shall be cancelled. Limitations: 1. Plebiscite a. except to the extent reserved to the people by provision on initiative and referendum.11. c.XVII]. Ronald Jalmanzar (Over-all Vice Chair). b. 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. modified or repealed within 3 years thereafter by a vote of ¾ of all its members. enact. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad. unless such competent authority subsequently certifies that such person is no longer insane or incompetent. Creating autonomous regions [Sec. consulates or foreign service establishments concerned. Art. In case of barangays. Romuald Padilla (Civil Law). and may be amended . 2.X]. 3. Jinky Ann Uy (Remedial Law). Approving any changes in boundaries of LGUs. or abolitions of LGUs [Sec. Yolanda Tolentino(VC-Acads). amend and repeal laws. city.4.27. power to propose. Elaine Masukat (VCEDP). Art. Mark David Martinez (Criminal Law). (Sec.26 2005 CENTRALIZED BAR OPERATIONS country. 125. 3. as verified by the Philippine embassies. Suffrage 2. mergers. d. Limitation on Local Legislative Body vis-a-vis Local Initiative: Any proposition or ordinance approved through an initiative and referendum shall not be repealed.Secretariat). R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). Initiative on Statutes – petition proposing to enact a national legislation.18. XVIII]. divisions. e. Art.X]. Joy Inductivo (VC-Finance).

Russel Tacla. 4. Bethany Conde. vs. 2. Referendum on Local Laws – legal process whereby the registered voters of the local government units may approve. 2001) PARTY-LIST REPRESENTATIVE 1.Melissa Yoro. in which case he/she will be substituted by another qualified person in the party / organization based on the list submitted to the COMELEC 5. Ryan Co. District Representatives – elected from legislative districts apportioned among the provinces. Joy Zabala . No. Leah Merida. but is in no way to exceed 3 seats per organization 2. It is only when a party is entitled to representation that it designates who will sit as representative. regional and sectoral parties or organizations. Ma. (Sec. or part thereof. elected at large by the qualified voters of the Philippines. Christopher Linag. A party-list representative cannot sit if he ran and lost in the previous election. with party-list organizations constituents such district of garnering at least 3% of all the votes cast for the partylist system entitled to 1 seat. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Carlo Bautista. In case of vacancy. amend or reject any ordinance enacted by the sanggunian. RA 7160 or the LGC of 1991) II. Barbara Jill Clara. et al. Elected nationally. DISTRICT REPRESENTATIVE 1. 2. COMPOSITION Senate – 24. passed by Congress. Jenery Perez. by name. Mark Anthony Bayquen. Hazel Manaog. 6. Elected personally. based on the list submitted to the COMELEC. – The Party-list organization must represent the “marginalized and underprivileged” and the nominees themselves must comply with this qualitative requirement (Ang Bagong Bayani. In case of vacancy. Comelec G. Must be a resident of his legislative district for at least 1 year immediately before the election 3. 147589. i. 126. Fred Prieto. Ian Camara.e. Referendum on Statutes – petition to approve or reject an act or law. 4. Beatriz Geronilla. which is increased according to proportional representation. No special residency requirement 3. Voted upon by party or organization. If he/she changes party or affiliation. loses his seat. a special election may be held provided that the vacancy takes place at least 1 year before the next election. Mary Ann Charisma Gutierrez. Elected according to legislative district by the 5. A district representative is not prevented from running again as a district  CHAIRPERSON: Jonathan Mangundayao  ASST. cities and the Metropolitan Manila area.R. Does not lose seat if he/she changes party or affiliation. Party-list Representatives – shall constitute 20% of the total number of representatives. June 26. House of Representatives – not more than 250 members consisting of: a. Classes of Referendum: 1. elected through a party-list system of registered national. a substitution will be made within the party. b. 6.San Beda College of Law 27 M EMORY A ID IN P OLITICAL L AW Referendum – power of the electorate to approve or reject legislation through an election called for that purpose.

Jackie Lou Bautista (Legal Ethics) . Garny Luisa Alegre (Commercial Law). Francis Benedict Reotutar (Labor Law). VII]. Special (RA 6645) – ✍ No special election will be called if vacancy occurs: a. VII]. Art. Reapportionment within 3 years following return of every census. c. 4. Charmaine Torres (Taxation Law). to call a special election due to a vacancy in the offices of the President and Vice President at 10 o’clock a. SESSIONS [SEC. 18. ☛ Gerrymandering – formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party (Bernas. A change in affiliation within 6 months prior to election prohibits the party-list representative from sitting as representative under his new party or organization. VI] 1. irrespective of the number of inhabitants. Art. APPORTIONMENT OF LEGISLATIVE DISTRICT [Sec.28 2005 CENTRALIZED BAR OPERATIONS representative if he/she lost during the previous election. Elaine Masukat (VCEDP). b. Mark David Martinez (Criminal Law). Art. 11.Secretariat). entitled to at least one (1) representative. ELECTION b. on the third day after the vacancies [Sec. A change in affiliation within 6 months prior to election does not prevent a district representative from running under his new party. C HAIRPERSONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). Gerrymandering is not allowed. P. every three years 2. if Congress is not in session. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). to revoke or extend the Presidential Proclamation of Martial Law or suspension of the writ of habeas corpus. (ii) determine President’s disability [Sec. entitled to at least one (1) representative. ✍ Each city with not less than 250 thousand inhabitants. 14. The fourth Monday of July until 30 days before the start of new regular session. 2. Maintain proportional representation based on number of inhabitants. Joy Inductivo (VC-Finance). Special a. AND 1. Each district must be contiguous. Joint sessions – a. at least (1) year before the next regular election for Members of Congress. [Sec. Art. Ronald Jalmanzar (Over-all Vice Chair). declaring the existence of the vacancy. 7.11 par(3). d. Reviewer in Philippine Constitution. 186) 3. a. V. ART. III. to decide on the disability of the President because the majority of all the members of the cabinet has “disputed” his assertion that he is able to discharge the powers and duties of his office [Sec. VII]. VII] 3. 15. Romuald Padilla (Civil Law). voting separately (i) choosing the President [Sec. 2. Art VII]. ✍ the Senator or representative elected shall serve only for the unexpired term. Regular – second Monday of May. Jennifer Ang (VC. 7. Art. calling for a special election to be held within 45 to 90 days from the date of the resolution or certification. compact and adjacent. VII]. at least eighteen (18) months before the next regular election for members of the Senate. Regular – convene once every year. Jinky Ann Uy (Remedial Law). called by the President [Sec. b. VI] 1. 5 (3) and (4). IV. Art.m. Yolanda Tolentino(VC-Acads). 10. ✍ 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. ✍ Each province.

Adjournment Sine Die – interval between the session of one Congress and that of another. (Alejandrino v. Mark Anthony Bayquen.27(1). IX. returns and qualification of their respective members. 56 SCRA 714) VIII. (v) proposing constitutional amendments [Sec. 26(2). Quezon. ART. VI) Composition: 1. voting jointly – (i. (Astorga v. 1) Journal Entry vs. Art. Mary Ann Charisma Gutierrez. Art. Joy Zabala . 18. ART. 16 (3). Jenery Perez. ✍ It is independent of the Houses of Congress and its decisions may be reviewed by the Supreme Court only upon showing of grave abuse of discretion. 3. Ma. 46 Phil 83). Art. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. VII.VI]. yeas and nays on any question at the request of 1/5 of members present [Sec. Art. Barbara Jill Clara. 23. DISCIPLINE OF MEMBERS [SEC. Hazel Manaog. and 2. Art. 4. yeas and nays on re-passing a bill vetoed by President [Sec. b. and. Lopez Vito. VI] ✍ Each house may punish its members for disorderly behavior. Leah Merida. Power of Electoral Tribunals: 1. yeas and nays on third and final reading of a bill [Sec. COMMISSION ON APPOINTMENTS (SEC.San Beda College of Law 29 M EMORY A ID IN P OLITICAL L AW (iii) confirming nomination of Vice-President [Sec. Clark. suspend (for not more than 60 days) or expel a member. ART. HRET. Congress must “stop the clock” at midnight of the last day of session in order to validly pass a law. Art. VI] 1.(Sec. VII]. XVII]. 1. Bethany Conde. Art. Sole judge of all contests relating to the election.) to revoke or extend proclamation suspending the privilege of writ of habeas corpus [Sec. Beatriz Geronilla. 17. Ian Camara. Art. CONGRESSIONAL ELECTORAL TRIBUNALS (SET OR HRET) (SEC. Russel Tacla. elected by each house on the basis of proportional representation from  CHAIRPERSON: Jonathan Mangundayao  ASST. Villegas. 6 members of the Chamber concerned (Senate or HR) chosen on the basis of proportional representation from political parties and parties registered under the party-list system Senior Justice shall act as Chairman. MATTERS MANDATED BY CONSTITUTION TO BE ENTERED INTO THE JOURNAL [SEC. without the consent of the other. and 4. nor any other place than that in which the two Chambers shall be sitting [Sec. VII]. VI]. Adjournment – neither Chamber during session. 16 (4). VI]. Enrolled Bill ✍ Enrolled bill prevails (Field v. ART. 27(1). 3 Supreme Court Justices designated by Chief Justice. VI) Composition: ✍ 12 Senators and 12 Representatives. adjourn for more than 3 days. Ryan Co. Fred Prieto. Rule-making power (Lazatin v.16(4). VI. 168 SCRA 391) ✍ The Senate is a continuing body while the House is not. veto message of President [Sec. 18. The interpretation of the phrase disorderly behavior is the prerogative of the House concerned and cannot be judicially reviewed. 9. must be entered into the Journal. VI]. (iv) declaring existence of a state of war [Sec. 17. 78 Phil.Melissa Yoro. VI) 2.VI]. Art. Art. 18. which under the Constitution. 16 (5). Christopher Linag. (ii. Art. except to matters. VI]. 143 US 649). VI].) to revoke or extend declaration of martial law [Sec. Carlo Bautista. 2. Enrolled Bill – conclusive upon courts as regards the tenor of the measure passed by Congress and approved by the President (Mabanag v. with the concurrence of 2/3 of all its members.

penal institutions. Joy Inductivo (VC-Finance). Art. Procedural – a.. call special election for President and Vice-President. Yolanda Tolentino(VC-Acads). Art. declare existence of a state of war. b. revoke or extend proclamation of suspension of privilege of writ of habeas corpus or declaration of martial law (to revoke = legislative veto) k. except for priests. upon its last reading. give concurrence to treaties and amnesties. b. (ii) on appropriations [Sec.VI]. (vi) no specific funds shall be appropriated or paid for use or benefit of any religion. power with regard to utilization of natural resources [Sec. canvass presidential elections. 24. and b.1. Art. Limitations on the Powers of Congress: 1. c. Non-Legislative – includes power to: a. ✍ Senate President as ex-officio chairman. Express: (i) bill of rights [Art. [Sec. Art. Mark David Martinez (Criminal Law). 28 and 29 (3). 31.Secretariat).2. Substantive – a. impeach. j. propose constitutional amendments (constituent power). to be stated in the title of the bill [Sec. Art. Art. Ronald Jalmanzar (Over-all Vice Chair). c. VI]. appropriation.29(2). confirm certain appointments. 2. no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the Journal [Sec. only one subject. Jennifer Ang (VC. printed copies of the bill in its final form distributed to members 3 days before its passage. 26(1). Art. Powers: 1. sect. 3 readings on separate days. except if President certifies to its immediate enactment to meet a public calamity or emergency. ✍ Chairman shall not vote except in case of tie. POWERS OF CONGRESS Classification of Powers: 1. VI. VI]. f. decide the disability of the President because majority of the Cabinet disputes his assertion that he is able to discharge his duties. Legislative – General plenary power (Sec. etc. etc. Elaine Masukat (VCEDP). VI]. delegation of emergency powers. Jinky Ann Uy (Remedial Law). (iii) on taxation [Sec. taxation and expropriation. assigned to AFP. XII]. Art. Power to promulgate its own rules of proceedings. 26(2). legislative investigations. VI]. Implied: (i) prohibition against irrepealable laws.. 2. specific power of appropriation. Francis Benedict Reotutar (Labor Law). Sec 4 (3). Shall act on all appointments submitted to it within 30 session days of Congress from their submission. Garny Luisa Alegre (Commercial Law). Art. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). (v) no law granting title of royalty or nobility shall be passed [Sec. Romuald Padilla (Civil Law). (iv) on constitutional appellate jurisdiction of Supreme Court [Sec. Jackie Lou Bautista (Legal Ethics) . d. III]. X. VI]. (ii) non-delegation of powers. etc. and 2. Art. 25 and 29 (1) and (2). revenue and tariff bill (RAT Bills) shall originate exclusively from the House of Representatives (Sec. i.30 2005 CENTRALIZED BAR OPERATIONS the political parties and parties and organizations registered under the party-list system represented therein. VI) AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). XIV]. question hour. Charmaine Torres (Taxation Law). g. h.VI). Art. 30. e.

Chief Justice. Barbara Jill Clara. Sec. Judge Quijano-Padilla and Photokina Marketing Corp. (Tolentino v. Fred Prieto. 3. in accordance with duly published rules of procedures. and e. Heads of Constitutional Commissions – may. Of Finance. Congress may not increase appropriations recommended by the President for operations of Government. [Sec. so long as the action by the Senate is withheld pending the receipt of the House bill. must specify public purpose. Prohibitions against appropriations for sectarian benefit. Carlo Bautista. Limitations on Power of Legislative Investigation [Sec. 235 SCRA 630). No provision or enactment shall be embraced in the bill unless it relates specifically to some particular appropriations therein.R. 2. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. VI) LEGISLATIVE INVESTIGATION (Sec. Joy Zabala . Leah Merida. and 3. Automatic re-appropriation. or at least determinable. Form. Art. As to persons who may appear only a department head any person 2. As to subject matter  CHAIRPERSON: Jonathan Mangundayao  ASST. VI] 1. Art. 2. 1. c. sum authorized for release must be determinate. VI) POWER OF APPROPRIATION Appropriations Law – a statute. Prohibition against transfer of appropriations (doctrine of augmentation). Beatriz Geronilla. d. Ma. and 2. be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. VI) 1. 21. 151992. must be in aid of legislation. 25(4). Constitutional Limitations on Special Appropriations Measures: 1. Senate President. Art.The existence of appropriations and the availability of funds are indispensable pre-requisites to or conditions sine qua non for the execution of government contracts. Speaker of the House of Representative. Jenery Perez. Constitutional Rules on General Appropriations Laws (Sec. however: a. VI]. 22. but it does not prohibit the filing in the Senate a substitute bill in anticipation of its receipt of the bill from the House. 2002) Implied Limitations on Appropriation Power: 1. 6. and 7. the primary and specific purpose of which. Procedure for approving appropriations for Congress shall be the same as that of other departments in order to prevent subrosa appropriations by Congress. or affected by such inquiry shall be respected. Christopher Linag. QUESTION HOUR (Sec. right of person appearing in. President. . b. Ian Camara. Mary Ann Charisma Gutierrez.San Beda College of Law 31 M EMORY A ID IN P OLITICAL L AW • shall originate exclusively from the House – the initiative for filing of RAT Bills must come from the House. Russel Tacla. 4. must be supported by funds actually available as certified by National Treasurer or to be raised by corresponding revenue proposal included therein. Mark Anthony Bayquen. by law.. 21. must specify public purpose for which the sum was intended. September 18. content and manner of preparation of budget shall be provided by law. Art. Hazel Manaog. (Comelec v. Art. is to authorize release of public funds from treasury. and 2. 5. Ryan Co.Melissa Yoro. Bethany Conde. 25. G. No. As to who conducts the investigation entire body committees 3.

VI]. Private bills [Sec. 2. VI]. Exceptions to the exception: 1. AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). is required. Jackie Lou Bautista (Legal Ethics) . G. Mark David Martinez (Criminal Law). 2. It is the failure to spend or obligate budget authority of any type. 1994). VI]. Art.. Veto may be overridden upon vote of 2/3 of all members of the House of origin and other house. President approves and signs it. Bill authorizing increase in public debts. Exception: Item-veto in the case of appropriation. Approved and signed by the President. Bills that must originate from the House of Representatives: 1. Romuald Padilla (Civil Law). 113105. revenue. Appropriations bill. Presidential veto overridden by 2/3 vote of all members of both Houses. XI. Macaraig. within 30 days after the date of receipt. 3. he should veto the entire bill. 27 (2). Presidential inaction for 30 days from receipt of the bill: bill becomes a law as if the same has been signed by him 3. August 19. 2. VII becomes law upon third and final reading. Joy Inductivo (VC-Finance). Revenue and tariff bills. Cuenco. Yolanda Tolentino(VC-Acads). 2. 10. return bill with presidential objections to the house of origin. Elaine Masukat (VCEDP). Francis Benedict Reotutar (Labor Law). 4. Jr. there being a quorum. only the votes of the majority of those present in the session. 191 SCRA 452). Bill is approved by both chambers. Quorum – majority of each House. 4.24. LEGISLATIVE PROCESS Doctrine of shifting majority: For each House of Congress to pass a bill. Art. Charmaine Torres (Taxation Law). Procedure for Approval of Bills: 1. and tariff bills [Sec.refusal of the President to spend funds already allocated by Congress for specific purpose. and 5. and 4. If the President vetoes the bill.32 2005 CENTRALIZED BAR OPERATIONS Matters related to the department only any matter for the purpose of legislation How a Bill becomes Law: 1. ✍ The basis for determining the existence of a quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate (Avelino v. Bill of local application. Failure of the President to veto the bill and to return it with his objections to the House where it originated. Pocket Veto – occurs when (1) the President fails to act on a bill and (2) the reason he does not return the bill to Congress is that Congress is not in session.Secretariat).R. Doctrine of Inappropriate Provisions – a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue “item” (Gonzales v. Jennifer Ang (VC. 16(2). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). 3. PRESIDENTIAL VETO General Rule: If the President disapproves a bill enacted by Congress. but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner and under such penalties as such House may determine [Sec. 83 Phil 17). Art. Executive Impoundment . He is not allowed to veto separate items of a bill. Art. Ronald Jalmanzar (Over-all Vice Chair). Garny Luisa Alegre (Commercial Law). (Philconsa v. Jinky Ann Uy (Remedial Law). No. Enriquez. A bill calling a special election for President and Vice-President under Sec.

79974. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. nomination by the President.10. Mison. Ryan Co. Ian Camara. permanent disability. Art. Art. and  CHAIRPERSON: Jonathan Mangundayao  ASST. VII) ✍ Until and unless a law is declared unconstitutional.9. Fred Prieto.San Beda College of Law 33 M EMORY A ID IN P OLITICAL L AW ✍ Not applicable in the Philippines because inaction by the President for 30 days never produces a veto even if Congress is in recess.[Sec. bureaus and offices. d. confirmation by the Commission on Appointments. Hazel Manaog. Carlo Bautista. He shall ensure that laws are faithfully executed. 3. Joy Zabala . EXECUTIVE POWER – power to enforce and administer laws. appointment solely by the President. POWER OF APPOINTMENT a. President has a duty to execute it regardless of his doubts as to its validity (faithful execution clause) [Sec. Mark Anthony Bayquen. Special Requisites: a. c. VIII). (Sec. ✍ President shall have control of all executive departments. Ma. Regular – second Monday of May. VII] 2. and (ii) Party-list representatives.Melissa Yoro. Art. POWERS OF THE PRESIDENT 1. requiring nominations by multisectoral groups.VII]. Mary Ann Charisma Gutierrez. a law passed by Congress calling for a special election to elect a President and a Vice President to be held not earlier than 45 days nor later than 60 days from the time of such call. every six years. Appointing Procedure for those that need CA Confirmation: 1. The President must still act to veto the bill and communicate his veto to Congress without need of returning the vetoed bill with his veto message. 17. death. (iii) officers of the AFP from the rank of colonel or naval captain. with the consent of the Commission on Appointments (i) heads of executive departments. 1987) b. Jenery Perez. and (iv) those other officers lower in rank who appointment is vested by law in the President alone. Russel Tacla. 2. GR No. (iii) those whom he may be authorized by law to appoint. and (ii) Ombudsman and his 5 deputies. c. b. appointment of Vice-President as member of the Cabinet. removal from office or resignation of both the President and the Vice President. XVIII). 2. e. Christopher Linag. Art. 18. ELECTION 1. X). Leah Merida.Art. issuance of commission. Barbara Jill Clara. Article VII: EXECUTIVE DEPARTMENT I. (i) those vested by the Constitution on the President alone. (ii) those whose appointments are not otherwise provided for by law. Beatriz Geronilla.7. vacancies occur more than eighteen months before the next regular presidential election. Bethany Conde.1 and 17 Art. (i) Regional consultative commission (Sec. II. before the Party-List Law (Sec. (ii) ambassadors and other public ministers and consuls. prior recommendation or nomination by the Judicial and Bar Council. December 17. (i) Members of the Supreme Court and all lower courts (Sec. and (iv) other ministers whose appointments are vested in him by the Constitution (Sarmiento v.

2. (ii. Art.par. Art. but such appointments shall be effective only until disapproval by the CA or until the next adjournment of the Congress. (v. invasion or rebellion. Joy Inductivo (VC-Finance).Secretariat). Romuald Padilla (Civil Law). Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service. and 2) President or acting-President shall not make appointments except temporary ones to executive positions 2 months immediately before next Presidential elections and up to the end of his term. unless extended by Congress. 14.34 2005 CENTRALIZED BAR OPERATIONS 4. d.) Authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all of its members voting jointly. Secretaries. MILITARY POWERS (SEC. • Modify. Elaine Masukat (VCEDP). Yolanda Tolentino(VC-Acads). VII] 3. ✍ organize courts martial and create military commissions. (iii. Suspension of the Privilege of Writ of Habeas Corpus and Declaration of Martial Law (i. The President shall have the power to make appointments during the recess of the Congress. c. 15.) Duty of the President to report to Congress: within 48 hours personally or in writing. e. Secretary of the Interior.13. 2. Garny Luisa Alegre (Commercial Law). ✍ Deemed complete upon acceptance (Lacson vs Romero. Art. members of the Constitutional Commissions. b. during his tenure be appointed as: a. Francis Benedict Reotutar (Labor Law). Mark David Martinez (Criminal Law). POWER OF REMOVAL General rule: this power is implied from the power to appoint. impeachment) 4. (iv. Jinky Ann Uy (Remedial Law). VII] 4. [Sec.) Grounds: invasion or rebellion. POWER OF CONTROL Control – power of an office to: • Alter. or • Set aside what a substitute had done in the performance of his duties and to substitute his judgment to that of the former (Mondano v. VII]. 84 Phil 740) Limitations on Appointing Power: 1) appointments made by an acting-President shall remain effective unless revoked within 90 days from assumption of office by elected President [Sec. ART. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Ronald Jalmanzar (Over-all Vice Chair). Jennifer Ang (VC.) Authority of the Supreme Court: to inquire into the sufficiency of the factual AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). including GOCC and their subsidiaries. • Doctrine of Qualified Political Agency or Alter Ego Principle – acts of the Secretaries of Executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the Chief Executive. • Nullify. member of the Office of the Ombudsman. acceptance by appointee. when public safety requires it.(e. 97 Phil. Commander-in –Chief clause ✍ To call out the Armed Force to prevent or suppress lawless violence. Only when continued vacancy will prejudice public service or endanger public safety [Sec. whether voluntary or compulsory. Art. following which it shall be lifted. VII]. 143). Jackie Lou Bautista (Legal Ethics) . Undersecretaries. 67 Phil 451). 3) The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not. Silvosa. Charmaine Torres (Taxation Law). 5.) Duration: not more than 60 days. Chairman or heads of bureaus or offices. 16 par. b.g. 18. [Sec. VIII) a. are presumptively the acts of the Chief Executive (Villena v.

Mary Ann Charisma Gutierrez. can be granted only after convictions by final judgment (except amnesty). or Reprieve – postponement of sentence or stay of execution. Barbara Jill Clara. 3. where civil courts are able to function. Legislate. Ma. usually extended to groups of persons who committed political offenses. 4. suspend the operation of the Constitution. Four ways for the proclamation or suspension to be lifted: 1. (vi. Leah Merida. 6. which puts into oblivion the offense itself. Political offenses 1. Fred Prieto. VII) ✍ discretionary. and 2. Russel Tacla. Art. Classes persons of 2. Commutation – reduction mitigation of the penalty. Absolute or conditional. Pardon – act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. 2. Carlo Bautista. concurred in by the Legislature.San Beda College of Law 35 M EMORY A ID IN P OLITICAL L AW basis for such action. The President can: a. Christopher Linag. 4. Bethany Conde. Decision must be promulgated 30 days within its filing. at the instance of any citizen. Ian Camara. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. 19. nullification by the Supreme Court. Automatically suspend the privilege of the writ of habeas corpus. Supplant the functioning of the civil courts and the legislative assemblies.VII]. Ryan Co.18. Beatriz Geronilla. Pardon Classified: 1. revocation by Congress.Melissa Yoro. b. (vii. and 6.  CHAIRPERSON: Jonathan Mangundayao  ASST. as parolee is in the custody of the law although not in confinement. may not be controlled by the legislature or reversed by the court. if not. 2. cannot be granted in violations of election laws without favorable recommendations of the COMELEC. Amnesty – act of grace. 2. operation of law after 60 days. d. must be released. 5. cannot be granted in cases of legislative contempt or civil contempt. AMNESTY 1. Confer jurisdiction upon military courts and agencies over civilians.[Sec. but without full restoration of liberty. lifting by the President himself. Joy Zabala . cannot absolve convict of civil liability. 3. Limitations: 1.) Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. Mark Anthony Bayquen.) Proclamation does not supersede civilian authority. b. Parole – release from imprisonment. PARDON Infraction of peace/ common crimes individuals 2. unless there is a constitutional violation. order the arrest of people who obstruct the war effort. Jenery Perez. c. cannot be granted in cases of impeachment.) Proclamation does not affect the right to bail. cannot restore public offices forfeited. par(4).) Person arrested must be charged within 3 days. Effects of Proclamation of Martial Law 1. (viii. Open Court Doctrine – civilians cannot be tried by military courts if the civil courts are open and functioning. (ix. Hazel Manaog. ART. Plenary or partial. The following CANNOT be done: a. PARDONING POWER (SEC.

b. Yolanda Tolentino(VC-Acads). X). ART. 9. p 803) the immunity does not however extend to nonofficial acts or for wrong doing (Estrada vs. IX-C]. ART. May be granted even before trial 6. ✍ Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter. to discipline such deputies [Sec. 22. The 1987 Constitution. Can be granted only after conviction. G. Art. does not require concurrence of Congress Private act which must be pleaded and proved Looks forward and relieves the pardonee of the consequence of the offense. f. ART.2 (4). deport aliens (Qua Chee Gan v. 8. 1963). BUDGETARY POWER (SEC. Mark David Martinez (Criminal Law). 7. Manglapus. 15. 5. Joy Inductivo (VC-Finance). consent to deputization of government personnel by COMELEC [Sec. immunity from suit during his tenure . ✍ President shall address Congress at the opening of its regular session. ART. whatever is not legislative.. VII) ✍ within 30 days from opening of every regular session. VII) ✍ the President may contract or guarantee foreign loans on behalf of the Republic with the concurrence of the Monetary Board. is residual power exercised by the President (Marcos v. 20. Desierto. 27. A Commentary 2003 Ed. RESIDUAL POWER ✍ Whatever is not judicial. Charmaine Torres (Taxation Law). c.Secretariat). 2 (8). Jennifer Ang (VC. September 30. d. President shall submit to Congress a budget of expenditures and sources of financing. VII) ✍ No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate. VI) C HAIRPERSONS 12. 6. subject to such limitations as may be provided by law. Art. 10. 11. g. 5. Elaine Masukat (VCEDP). Art. Art.R. Garny Luisa Alegre (Commercial Law). IX-C]. 178 SCRA 760) 4. Jinky Ann Uy (Remedial Law). 21. INFORMING POWER (SEC. No. BORROWING POWER (SEC.36 2005 CENTRALIZED BAR OPERATIONS 3. general supervision over local government units and autonomous regional governments (Art. 4. VI]. AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). 23. Requires concurrence of Congress Public act to which court may take judicial notice of Looks backward and puts to oblivion the offense itself 3. VI]. call Congress to a special session [Sec. general supervision – mere overseeing of a subordinate to make sure that they do their duties under the law but does not include the power to overrule their acts. President may also appear before it at any other time. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). L-10280. Ronald Jalmanzar (Over-all Vice Chair). e.deemed implied in the Constitution (Bernas. Romuald Padilla (Civil Law). OTHER POWERS a. The Deportation Board. DIPLOMATIC POWER (SEC. including receipts from existing and proposed revenue measures. approve or veto bills [Sec. if these acts are within their discretion. Francis Benedict Reotutar (Labor Law). Jackie Lou Bautista (Legal Ethics) .

Leah Merida. Jurisdiction . integrity. Article VIII: JUDICIAL DEPARTMENT I. VIII). 1. Citizen of the Philippines. and 5. Members of judiciary enjoy security of tenure. Jenery Perez. Presiding Justice and Associate Justices of the Court of Appeals: • Same qualifications as those provided for Justice of the Supreme Court. judiciary enjoys fiscal autonomy. One Supreme Court. Mark Anthony Bayquen. 2. Russel Tacla. SC has exclusive power to discipline judges/justices of inferior courts. II. Such lower courts as may be established by law (Sec. and 2. 2001) 146710-15. 7. 1. 2. Chief Justice and Associate Justices of the Supreme Court: 1. Mary Ann Charisma Gutierrez. Barbara Jill Clara. Bethany Conde. SC is a Constitutional body.23 (2). appellate 5. 28 (2). Art. 2. 4. 3. 3. may not be abolished by law.San Beda College of Law 37 M EMORY A ID IN P OLITICAL L AW G. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of government (Sec. par. Art. Christopher Linag. March 2. 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines.Melissa Yoro. there must be a law authorizing President to exercise emergency powers. Nos. c. 2. Ma. Members of judiciary may not be designated to any agency performing quasi-judicial or administrative functions. Carlo Bautista.2. b. 10. 6. must be subject to restrictions that Congress may provide. by delegation from Congress. and 3. Art. Natural-born citizen. Hazel Manaog. VIII). a person of proven competence. Fred Prieto. exercise must be necessary and proper to carry out a declared national policy [Sec. h. Conditions for the Exercise of the President of Emergency Powers: 1. Joy Zabala . Safeguards that guarantee Independence of Judiciary: 1. SC may not be deprived of minimum and appellate jurisdiction. Regional Trial Court Judges: 1. Beatriz Geronilla. 199200). VI] and tariff powers [Sec. Salaries of judges may not be reduced. exercise emergency [Sec. 4. SC alone may initiate Rules of Court. 3. jurisdiction may not be increased without its advice or concurrence. JUDICIAL POWER .VI]. 8. Ryan Co. At least 40 years old. Reviewer in Political Law. there must be a war or national emergency. Ian Camara. R. 23 (2). and SC can appoint all officials and employees of the Judiciary (Nachura. Art. Has been engaged for at least 5 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of  CHAIRPERSON: Jonathan Mangundayao  ASST. SC has administrative supervision over all inferior courts and personnel. p. VI]. Judicial power is vested in: 1. Art.power to hear and decide a case and execute decision thereof.duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. APPOINTMENT TO THE JUDICIARY: Qualifications a. probity and independence. At least 35 years old. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Members are only removable by impeachment. 9. SC alone may order temporary detail of judges. 4. exercise must be for a limited period. 11.

VIII).Secretary of Justice . and . (Sec. ✍ No law shall be passed reorganizing the Judiciary when C HAIRPERSONS it undermines the security of tenure of its members (Sec.Any vacancy shall be filled within 90 days from occurrence thereof Powers of the Supreme Court 1. SC en banc shall have the power to discipline judges of lower courts or order their dismissal. . Lower Courts – hold office during good behavior until they reach 70 years of age or become incapacitated to discharge their duties [Sec. a. Romuald Padilla (Civil Law).38 2005 CENTRALIZED BAR OPERATIONS law as an indispensable requisite. May exercise such other functions as may be assigned by Supreme Court. Citizen of the Philippines. 8. III. 4. .Representative of the IBP. Elaine Masukat (VCEDP).Retired member of SC.Professor of Law. Jinky Ann Uy (Remedial Law). Procedure in Appointment: 1. 4. 11. President shall issue the appointment 90 days from submission of the list. or 7 members. integrity. VIII) IV. Joy Inductivo (VC-Finance). Garny Luisa Alegre (Commercial Law). VIII].Representative of Congress ✍ Regular members . 2. Original Jurisdiction S UBJECT R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND Maricel Abarentos (Over-all Chairperson). ✍ By majority vote of members who actually took part in the deliberation on the issues and voted thereon. ✍ May be removed only through impeachment. Jackie Lou Bautista (Legal Ethics) . 5. 2. Art. a person of proven competence. Tenure of Justices and Judges a. Municipal and Municipal Circuit Trial Court Judges: 1. probity and independence. in divisions of 3. a person of proven competence. 3. For lower courts.11. Has been engaged for al least 5 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite. integrity. Ronald Jalmanzar (Over-all Vice Chair). At least 30 years old. Yolanda Tolentino(VC-Acads). 3. Mark David Martinez (Criminal Law). Metropolitan. 2. Charmaine Torres (Taxation Law).Secretariat). Appointed by President from among a list of at least 3 nominees prepared by Judicial and Bar Council for every vacancy. Recommend appointees to the Office of the Ombudsman and his 5 deputies. Art. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). JUDICIAL AND BAR COUNCIL Composition: ✍ Ex-officio chairman Supreme Court Chief Justice ✍ Ex-officio members . Powers and Functions of Judicial and Bar Council: 1. Art. probity and independence. 2. . Art. Francis Benedict Reotutar (Labor Law).Representative of private sector ✍ Secretary de officio Clerk of the Supreme Court Appointment ✍ Regular members shall be appointed by the President for a 4 year term with the consent of the Commission on Appointments. Supreme Court – hold office until they reach 70 years of age or become incapacitated to discharge their duties [Sec. Recommend appointees to the judiciary. d. Jennifer Ang (VC.VIII]. SUPREME COURT Composition: • Chief Justice and 14 Associate Justices -may sit en banc or in its discretion.

Comelec. pleading. presidential decree.Melissa Yoro. Rule-making power – promulgates rules concerning: a. d. questioning the qualifications of a candidate for the presidency or vice-  CHAIRPERSON: Jonathan Mangundayao  ASST. Section 4. 9. ordinance. Carlo Bautista. Appellate Jurisdiction • Over final judgments and orders of lower courts in a. Prohibition. over all contests relating to the election. (ii. b. Joy Zabala . Christopher Linag. admissions to the practice of law. Mandamus. Beatriz Geronilla.] 3. Art. Leah Merida. increase or modify substantive rights. ✍ mere division of the SC may discipline a judge of the lower court. [Section 5 (2). All criminal cases in which the penalty imposed is reclusion perpetua or higher. to avoid miscarriage of justice. Over petition for Certiorari. all cases in which the constitutionality or validity of any treaty. assessment. c. paragraph 7. All cases in which the jurisdiction of any lower court is in issue.) shall not diminish. Integrated Bar of the Philippines. legal assistance to the underprivileged. Bethany Conde. Order change of venue or place of trial.) uniform for all courts in the same grade. • • 5. All cases involving the legality of any tax impost. instruction. (Tecson vs. and Review of factual basis for the declaration of martial law or suspension of the privilege of writ of habeas corpus. Ian Camara. and Habeas Corpus. law. or any penalty imposed in relation thereto. Mark Anthony Bayquen. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Hazel Manaog. All cases in which only a question of law is involved. 7. d. the SC is required to decide a case en banc only when the dismissal of a judge is involved. protection and enforcement of constitutional rights. proclamation. defined by Article VII. SC shall submit to the 2. 2004) 4. 161434. would not include cases directly brought before it. Russel Tacla.R. Yearly report ✍ Within 30 days from the opening of each regular session of Congress. Mary Ann Charisma Gutierrez. G. c. international or executive agreement. Limitations on rule making power: (i. b. 6. Barbara Jill Clara. Ryan Co. Temporary assignments of judges of lower courts to others stations as public interest may require. or regulation is in question. VIII. presidency before the elections are held. order. other public ministers and consuls. (iii. Quo Warranto. No. Not to exceed 6 months without the consent of the judge concerned. and e. Fred Prieto. Ma. March 3. Electoral Tribunal for Presidential and Vice-Presidential Contests • Sitting En Banc. Power of administrative supervision ✍ administrative supervision over all courts and the personnel thereof.) provide a simplified and inexpensive procedure for speedy disposition of cases. 4(7) Article VII) • The jurisdiction of the Supreme Court. practice and procedures in all courts. or toll. Power of appointment ✍ appoints all officials and employees of the Judiciary in accordance with Civil Service Law. of the 1987 Constitution. Jenery Perez. 8. e. returns and qualification of the President or Vice-President (Sec.San Beda College of Law 39 M EMORY A ID IN P OLITICAL L AW • Over cases affecting ambassadors.

Vera. ✍ For a taxpayer’s suit. Although holding neither purse nor sword and so regarded as the weakest of the three departments of the government. and that the petitioner is directly affected by the alleged ultra vires act (Anti-Graft League of the Philippines v. Elaine Masukat (VCEDP). • no standing.40 2005 CENTRALIZED BAR OPERATIONS President and Congress an annual report on the operation and activities of the Judiciary. ✍ Therefore. Electoral Commission. criminal cases – at any time at the discretion of the court. Constitutional question must be raised by the proper party – one who has sustained or is in imminent danger of sustaining an injury as a result of the act complained of. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). 63 Phil. V. an assertion of opposite legal claims susceptible of judicial determination. Mark David Martinez (Criminal Law). and b. 63 Phil 139) Requisites of Judicial Review: 1. 65 Phil. Angara v. every case (except where there is estoppel ) – at any stage if it involves the jurisdiction of the court 4. R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). the following must be avoided: • political questions. Joy Inductivo (VC-Finance). POWER OF JUDICIAL REVIEW Judicial Review – the power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution. Jackie Lou Bautista (Legal Ethics) . it neither asserts superiority nor nullifies an act of the Legislature. 175 SCRA 343). (Laurel. Actual case or controversy – a conflict of legal rights. It only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. the judiciary is nonetheless vested with the power to annul the acts of either the legislative or the executive or of both when not conformable to the fundamental law. Electoral Commission. 2. Determination of constitutionality of the statute must be necessary to a final determination of the case. Friendly. 2 requisites: a. Charmaine Torres (Taxation Law). J.) 1. 260 SCRA 250) 3. Constitutional question must be raised at the earliest opportunity ✍ General Rule: must be raised in the pleadings ✍ Exceptions: a. This is not an assertion of superiority by the courts over the other departments. When the judiciary allocates constitutional boundaries. non-adversary proceedings (no vital conflict). Jinky Ann Uy (Remedial Law). 56). • advisory opinions • moot and academic issues. Court of Appeals. Yolanda Tolentino(VC-Acads). Romuald Padilla (Civil Law). Seven Rules of Avoidance of Constitutional Questions (Brandeis. Francis Benedict Reotutar (Labor Law). civil cases – at any stage of the proceedings if necessary for the determination of the case itself. Anticipation of a question of constitutional law in advance of the necessity of deciding it (premature case). Secretary of Agrarian Reform. 2. c. Garny Luisa Alegre (Commercial Law). 139) Doctrine of Judicial Supremacy 1. (People vs.Secretariat). but merely an expression of the supremacy of the Constitution (Angara v. Ronald Jalmanzar (Over-all Vice Chair). (Association of Small Landowners of the Philippines v. a law is violated or some irregularity is committed. 2. b. public funds are disbursed by a political subdivision or instrumentality. Jennifer Ang (VC.

San Beda College of Law 41 M EMORY A ID IN P OLITICAL L AW 3. consideration due to the judgment of the other repositories of constitutional power concerning the scope of their authorities. 170 SCRA 246). DENR. 2. Hazel Manaog. Jenery Perez. in view of possible consequences for others stemming also from constitutional roots. (Tañada v. Leah Merida. Grave Abuse of Discretion Amounting to Lack of Jurisdiction – capricious and whimsical exercise of judgment. legitimating – upholding the validity of the law that results from a mere dismissal of a case challenging the validity of the law. January 31. 134 SCRA 438)  CHAIRPERSON: Jonathan Mangundayao  ASST. 5. the court cannot declare a law constitutional because it already enjoys a presumption of constitutionality. or • in regard to which full discretionary authority has been delegated to the legislature or executive branches of government. G. and 2. Existence of other grounds upon which the case may be disposed of. Russel Tacla. the danger of exercising the function. VIII]. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Barbara Jill Clara. 3. Ian Camara. as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility (Intestate Estate of Carmen de Luna v. Art. Christopher Linag. 1. Possibility of a construction of statute that can avoid the resolution of the constitutional question. duty of courts to settle actual controversies involving rights which are legally demandable and enforceable. Bethany Conde. comparative finality of those consequences. 134958. Mark Anthony Bayquen. Cuenco. Beatriz Geronilla. 2001). 5. Mary Ann Charisma Gutierrez. symbolic – to educate the bench and bar as to the controlling principles and concepts on matters of grave public importance for the guidance of and restraint upon the future. Judicial Power includes: 1. POLITICAL QUESTION Two aspects: • Those questions which.Melissa Yoro. Ryan Co. Joy Zabala . to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on part of any branch or instrumentality of government [Sec. under the Constitution.(Salonga v. 2. inherent limitations of the judicial process – its largely negative character. Formulation of a rule broader than is required by the precise facts to which it is applied. withal in paramount importance of constitutional adjudication. Instance of one who has availed himself of its benefit. Fred Prieto. Ma. 7. checking – invalidating a law or executive act that is found to be contrary to the Constitution. 100 Phil 1101) Functions of Judicial Review 1. Policy of Strict Necessity (Rescue Army Case) – the court must refrain from exercising judicial review unless all the requisites for its exercise are fulfilled because: 1. (Cutaran v.R. and its limited resources for enforcement. Cruz Paño. No. 6. (not the very lis mota). 3. Complaint made by one who fails to show injury as to its operations (no standing). IAC. 6. necessity for each to keep within its own power. JUSTICIABLE QUESTION • A definite and concrete dispute touching on the legal relations of parties having adverse legal interests which may be resolved by a court of law through the application of a law. Carlo Bautista. 4. or to act at all in contemplation of law. 4. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law. are to be decided by the people in their sovereign capacity. rule on double negative – uses the term “not unconstitutional”.

The laws becomes inoperative only upon the judicial declaration of its invalidity. creates no office and imposes no duty. void – if on its face it does not enjoy any presumption of validity because it is patently offensive to the Constitution. VIII) ✍ All cases filed after the effectivity of the Constitution must be decided or resolved. Elaine Masukat (VCEDP). Tuason and Co. ✍ Erring judge or justice may be subjected to administrative sanctions for the delay. However.M.Secretariat). The purpose of this mandatory notice is to enable the Solicitor General to decide whether or not his intervention in the action is necessary (Mirasol v. 3 SCRA 696). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). without prejudice to such responsibilities as may have been incurred in consequence thereof shall decide or resolve the case or matter submitted to it without further delay. Article IX : CONSTITUTIONAL COMMISSIONS Independent Constitutional Commissions: 1. SC – 24 months b. Romuald Padilla (Civil Law). v. Requisites before a Law can be Declared Partially Unconstitutional: 1) the legislature must be willing to retain valid portion (separability clause). 3. (Serrano de Agbayani v. Court of Appeals. Commission on Elections (COMELEC) 3. unless period is reduced by SC. Charmaine Torres (Taxation Law). 2. despite expiration of mandatory period. 95 SCRA 392) 2. Civil Service Commission (CSC) 2. All other lower courts – 3 months unless period is reduced by SC In case of delay: ✍ A certification to be signed by the Chief Justice or Presiding Justice shall be issued stating the reason for the delay. NCC is the orthodox view on the matter. Jinky Ann Uy (Remedial Law). 2001) Period for Decision (Sec. No. 5 (2). 38 SCRA 429) ✍ Art. (J. February 1.R. Garny Luisa Alegre (Commercial Law). notice to the Solicitor General is mandatory. and 2) the valid portion can stand independently as law. Joy Inductivo (VC-Finance). from the date of submission.42 2005 CENTRALIZED BAR OPERATIONS ✍ Court does not lose jurisdiction All courts can exercise Judicial Review ✍ The Constitution contemplates that the inferior courts should have jurisdiction in cases involving constitutionality of any treaty or law for Sec. G. treaty. Mark David Martinez (Criminal Law). despite the lapse of the mandatory period. 7. in all actions assailing the validity of a statute. ✍ The Constitution vests the power of judicial review not only in the Supreme Court but also in the RTC. Lower Collegiate Courts 12 months. VIII speaks of appellate review of final judgments of inferior courts in cases where such constitutionality happens to be in issue. Yolanda Tolentino(VC-Acads). Art. the declaration produces no retroactive effect. as required in Sec. Francis Benedict Reotutar (Labor Law). Jackie Lou Bautista (Legal Ethics) over the case. C HAIRPERSONS Maricel Abarentos (Over-all Chairperson). 128448. during his tenure: 1. It produces not effect. Rule 64 of the Rules of Court. Court of Appeals. voidable – if on its face it enjoys the presumption of constitutionality. Commission on Audit (COA) Prohibitions and Inhibitions No member of a Constitutional Commission shall. within: a. Effect of Declaration Unconstitutionality of The law is either : 1. PNB. order or proclamation – and not just in actions involving declaratory relief and similar remedies. hold any other office or employment. Comelec. 15. engage in the practice of any profession AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT . Ronald Jalmanzar (Over-all Vice Chair). ✍ Court. Jennifer Ang (VC. presidential decree. (Igot v. c. Art.

in any contract with.Limited to decisions rendered in actions or proceedings taken cognizance of the Commissions in the exercise of the adjudicatory or quasi-judicial functions. Comelec. 10.  CHAIRPERSON: Jonathan Mangundayao  ASST. IX-B] Classes of Service: a. with proven capacity for public administration. engage in the active management and control of any business which in any way may be affected by the functions of his office 4. directly or indirectly. 2.San Beda College of Law 43 M EMORY A ID IN P OLITICAL L AW 3. 192 SCRA 358). any of its subdivisions. Joy Zabala . Barbara Jill Clara. scientific or highly technical. 11. 5. Scope of the Civil Service: embraces all branches. the Chairmen and members may not be reappointed or appointed in an acting capacity (Brillantes v. Security of tenure Kinds: 1) open career positions – prior qualification via examination. entrance based on merit and fitness to be determined by competitive examination or based on highly technical qualifications. 7. Safeguards that guarantee Independence of Commissions: 1. 143398. 8. the Chairmen and members are given fairly a long term of office of 7 years. including government-owned and controlled corporations with original charters [Sec. Hazel Manaog. subdivisions. the Commissions may appoint their own officials and employees in accordance with Civil Service Law (Nachura. It does not refer to purely executive powers. 2.Melissa Yoro. Christopher Linag.. • 2 commissioners Qualifications: 1. Art. October 5. 2) closed career positions – e. 9. including government-owned and controlled corporations or their subsidiaries. G.” 3.209) Certiorari Jurisdiction of the Supreme Court . each is conferred certain powers and functions which cannot be reduced by statute. instrumentalities and agencies of the Government. Leah Merida. 2. p. they are constitutionally created. 3. Ma. Career service – characterized by: 1. and 4. Hence. Mark Anthony Bayquen. the Chairmen and members cannot be removed except by impeachment. No. increase or modify substantive rights [though subject to disapproval by the SC]. Opportunity for advancement. Reviewer in Political Law. provided they do not diminish. 6. questions arising from the award of a contract for construction of voting booths can be brought before the trial court (Ambil vs. each Commission may promulgate its own procedural rules. Beatriz Geronilla. Fred Prieto. Bethany Conde. at least 35 years old at the time of appointment. Jenery Perez. natural-born citizen. the Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity. Mary Ann Charisma Gutierrez. 4. Carlo Bautista. be financially interested. agencies or instrumentalities. Ian Camara. the Commissions enjoy fiscal autonomy. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Russel Tacla.g.R. Term: • 7 years without reappointment. 2000) I. not a candidate in any election immediately preceding the appointment. CIVIL SERVICE COMMISSION Composition: • 1 chairman. or in any franchise or privilege granted by the Government. the salaries of the Chairmen and members are relatively high and may not be decreased during continuance in office. 2(1). may not be abolished by statute. Ryan Co. Yorac. each is expressly described as “independent. 3.



3) career executive service – e.g., Undersecretaries, Bureau Directors; 4) career officers – appointed by President, e.g., foreign service; 5) positions in AFP, governed by separate merit system; 6) personnel of GOCC’s with original charter; 7) permanent laborers, whether skilled, semi-skilled or unskilled. b. Non-career Service characterized by : –

freedom from misgivings or betrayals on confidential matters of state; ✍ Or one declared to be so by President upon recommendations of CSC (Salazar v. Mathay, 73 SCRA 275). Highly Technical – requires possession of technical skill or training in supreme or superior degree. (de los Santos v. Mallare, 87 Phil 289) II. COMMISSION ON ELECTION Composition: • 1 chairman; • 6 commissioners Qualifications: 1. natural-born citizen; 2. at least 35 years old at the time of appointment; 3. college degree holder ; 4. not candidate in election immediately preceding the appointment; and 5. majority, including the chairman, must be members of the Philippine Bar who have been engaged in the practice of law for at least 10 years Term: • 7 years without reappointment. If however, the appointment was ad interim, a subsequent renewal of the appointment does not violate the prohibition on reappointments because no previous appointment was confirmed by the Commission on Appointments. Furthermore, the total term of both appointments must not exceed the 7 year limit (Matibag vs. Benapayo G.R. No. 149036, April2, 2002) Powers and Functions of COMELEC: 1. enforce and administer law and regulations relative to conduct of elections, plebiscite, initiative, referendum or recall; 2. exclusive original jurisdiction over all contests relating to election, returns and qualifications of all

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

Policy Determining – lays down principal or fundamental guidelines or rules. Formulates method of action. Primarily Confidential – primarily close intimacy which insures freedom of intercourse without embarrassment of



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

San Beda College of Law
45 M EMORY A ID IN P OLITICAL L AW elective regional, provincial, and city officials. Exclusive appellate jurisdiction over all contests involving elective municipal officials decided by RTC, or involving elective barangay officials by MTC; Decide, except those involving right to vote, all questions affecting elections, including the determination of number and location of polling places, appointment of election officials and inspectors and registration of voters; Deputize, with concurrence of President, law enforcement agencies and instrumentalities for exclusive purpose of insuring free, orderly, honest, peaceful and credible elections; Register, after sufficient publication, political parties, organizations or coalitions which must present their platform or program of government; accredit citizen’s arms; File upon verified complaint or motu propio petitions in court for inclusion or exclusion of voters; investigate and, where appropriate , prosecute cases of violations of elections laws; Recommend to Congress effective measures to minimize election spending, limitation of places and prevent and penalize all forms of election frauds, offenses, malpractice and nuisance candidates; and Submit to President and Congress, comprehensive reports on conduct of each election, plebiscite, initiative, referendum or recall. • The COMELEC's exercise of its quasi-judicial powers is subject to Section 3 of Article IX-C which expressly requires that 1) all election cases, including preproclamation controversies, shall be decided by the COMELEC in division, and 2) the motion for reconsideration shall be decided by the COMELEC en banc. The prosecution of election law violators involves the exercise of the COMELEC's administrative powers. Thus, the COMELEC en banc can directly approve the recommendation of its Law Department to file the criminal information for double registration against petitioners in the instant case. There is no constitutional requirement that the filing of the criminal information be first decided by any of the divisions of the COMELEC. (Baytan vs. Comelec, G.R. No. 153945, February 4, 2003) III. COMMISSION ON AUDIT Composition: • 1 chairman; • 2 commissioners. Qualifications: 1. natural-born citizen; 2. at least 35 years old at the time of appointment; 3. CPA’s with at least 10 years auditing experience or members of the Bar with at least 10 years practice of law; at no time shall all members belong to the same profession; 4. Not a candidate in election immediately preceding appointment. Term: • 7 years without reappointment. Powers and Duties of COA: 1. examine, audit and settle all accounts pertaining to revenue and receipts of, and expenditures or uses of funds and property owned or held in trust or pertaining to government; 2. keep general accounts of government and preserve vouchers and supporting papers; 3. authority to define scope of its audit and examination, establish techniques and methods required therefor; and 4. promulgate accounting and auditing rules and regulations, including those for prevention and disallowance.








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



Jurisdiction of the Commission: no law shall be passed exempting any entity of the Government, or any investment of public funds, from the jurisdiction of the Commission on Audit (Sec. 3, Art. IX-D) Article XI: ACCOUNTABILITY OF PUBLIC OFFICERS I. 1. 2. 3. 4. IMPEACHABLE OFFICERS: President; Vice-President; Justices of the Supreme Court; Chairmen and Members of the Constitutional Commissions; 5. Ombudsman. II. IMPEACHMENT PROCESS Grounds for Impeachment: 1. Culpable violation Constitution; 2. Treason; 3. Bribery; 4. Graft and Corruption; 5. Other high crimes; and 6. Betrayal of public trust. of the

together with the corresponding resolution. 5. Placing on calendar the Committee resolution within 10 days from submission; 6. Discussion on the floor of the report; 7. A vote of at least one third of all the members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee or override its contrary resolution. Trial and Decision in Impeachment proceedings 1. The Senators take an oath or affirmation. 2. When the President of the Philippines is on trial the Chief Justice of the Supreme court shall preside but shall not vote. 3. A decision of conviction must be concurred in by at least two thirds of all the members of the Senate.

Initiation of Impeachment Case ✍ The House of Representatives shall have the exclusive power to initiate all cases of impeachment Process of Impeachment 1. Verified Complaint filed by any member of the house or any citizen upon resolution of endorsement by any member thereof 2. Included in the order of business within 10 session days. 3. Referred to the proper committee within 3 session days of its inclusion. ✍ If the verified complaint is filed by at least one third of all its members, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. 4. The Committee, after hearing, and by majority vote of all its members, shall submit its report to the House

Effect of Conviction: 1. Removal from Office; 2. Disqualification to hold any other office under the Republic of the Philippines; 3. Party convicted shall be liable and subject to prosecution, trial and punishment according to law. Limitations: 1. The House of Representatives shall have the exclusive power to initiate all cases of impeachment. 2. Not more than one impeachment proceeding shall be initiated against the same official within a period of one year - An impeachment case is the legal controversy that must be decided by the Senate while an impeachment proceeding is one that is initiated in the House of Representatives. For purposes of applying the-one year bar rule, the proceeding is “initiated” or begins when a verified complaint is filed and referred to the Committee on



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

Carlo Bautista. (ii. G. Leah Merida. Jenery Perez. (e. engineers and other city department heads. Hazel Manaog. Sec. PN captains and all officers of higher rank. Ma.A. engineers and other provincial department heads. vs. c. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in Subsection a in relation to their office. assessors. city treasurers.) Members of the Judiciary without prejudice to the Constitution. 160261.A. (iv. trustees. Decision and Review ✍ unanimous vote of all 3 members shall be required for the pronouncement of judgment by a division.) Officers of the PNP while occupying the position of provincial director and those holding the rank of senior superintendent or higher. et al.) All other national and local officials with G27 or higher.R. Barbara Jill Clara.) Presidents. acting or interim capacity at the time of the commission of the offense: (i. 1379. Title VII. Board members. b. whether in a permanent.) Officials of the diplomatic service from consuls or higher. (d. Bethany Conde. ✍ Sits in 5 divisions of 3 members each. vicemayors. and Chapter II. (f. Mary Ann Charisma Gutierrez.) Provincial governors.) PA/PAF colonels. Original Jurisdiction a. (c. vice-governors. specifically including: (a. House of Representatives. and officials and prosecutors in the Office of the Ombudsman and special prosecutor. and (g. Jurisdiction of the Sandiganbayan: 1. Composition: ✍ 1 Presiding Justice and 14 Associate Justices with the rank of Justice of the CA. Civil and criminal cases filed pursuant to and in connection  CHAIRPERSON: Jonathan Mangundayao  ASST. SANDIGANBAYAN • the anti-graft court shall continue to function and exercise its jurisdiction as now and hereafter may be provided by law. assessors. 2003). CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Russel Tacla. Ryan Co. Joy Zabala . violations of R. Ian Camara. (b.San Beda College of Law 47 M EMORY A ID IN P OLITICAL L AW Justice for action (Francisco. Book II of the Revised Penal Code where one or more of the accused are officials occupying the following positions in the government. III.) Members of Congress and officials thereof with G27 and up. or managers of GOCC’s state universities or educational institutions or foundations. 6758. provincial treasurers.A.) Officials of the Executive branch with the position of regional director or higher. or with Salary Grade Level 27 (G27) according to R. (iii. Fred Prieto. city councilors.2. and (v. 3019 (AGCPA) as amended.) Chairmen and members of the Constitutional Commissions without prejudice to the Constitution. R. No. Beatriz Geronilla.) City/provincial prosecutors and their assistants.Melissa Yoro. et al. Decision shall be reviewable by the SC on petition for certiorari. Christopher Linag.) City mayors. November 10. directors. Mark Anthony Bayquen.

Garny Luisa Alegre (Commercial Law). Charmaine Torres (Taxation Law). or prosecution. suspension. directly or indirectly. and subject to such limitation as may be provided by law. censure. certiorari. and recommend his removal. that jurisdiction over these petitions shall be not exclusive of the Supreme Court. and • at least 1 Deputy each for Luzon. Exclusive Appellate Jurisdiction over final judgments. and 5. c. e. employee. demotion. shall not engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office. • A separate Deputy for the military establishment may likewise be appointed. 2. and ensure compliance therewith. resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction. 4. 3. d. shall not be qualified to run for any office in the election immediately succeeding their cessation from office. to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties. to perform or expedite any act or duty required by law. 2. as well as any GOCC with original charter. Provided. 4. Jinky Ann Uy (Remedial Law). prohibitions. 3. Direct any public official or employee of the Government. or inefficient. Direct the officer concerned to take appropriate action against a public official or employee at fault. Disqualifications and Inhibitions: During their tenure: 1.48 2005 CENTRALIZED BAR OPERATIONS with E. Ronald Jalmanzar (Over-all Vice Chair). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). 2. member of the Philippine Bar. agency or instrumentality thereof. Yolanda Tolentino(VC-Acads). Term of Office: • 7 years without reappointment. Vizayas and Mindanao. Direct the officer concerned. Qualifications of the Ombudsman and his deputies: 1. fine. Elaine Masukat (VCEDP). • • THE OMBUDSMAN The “champion of the citizens” and “protector of the people” Tasked to entertain complaints addressed to him against erring public officers and take all necessary actions thereon. or in any franchise or privilege granted by the government. Joy Inductivo (VC-Finance). or any of its subdivisions. Francis Benedict Reotutar (Labor Law). habeas corpus. or any subdivision. injunction and other ancillary writs and processes in aid of its appellate jurisdiction. Functions and Duties: a. shall not be financially interested. of recognized probity and independence. Mark David Martinez (Criminal Law). Exclusive Original Jurisdiction over petitions for the issuance of the writs of mandamus. Request any government agency for assistance and information necessary in the discharge of its responsibilities AND Composition: • An Ombudsman to be known as Tanodbayan • 1 overall Deputy. Romuald Padilla (Civil Law). in any appropriate case. natural born citizen. or to stop. 14 and 14-A issued in 1986. Jackie Lou Bautista (Legal Ethics) . Jennifer Ang (VC. shall not hold any other office or employment. C HAIRPERSONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). b. and correct any abuse or impropriety in the performance of duties.. and report any irregularity to the COA for appropriate action. must not have been candidates for any elective office in the immediately preceding election. at least 40 years old. 2. improper. 1.O. Powers. (RA 8249) V.Secretariat). etc. office or agency. Investigate any act or omission of any public official. prevent. in any contract with. nos. and 3. unjust. when such act or omission appears to be illegal.

h. Ed. not only those within the jurisdiction of the Sandiganbayan but those within the jurisdiction of the regular courts as well. The Supreme Court consistently refrains from interfering with the exercise of its powers. all forces of potential energy. petroleum and other mineral oils. (Cruz v. Art. December 6. more equitable distribution of wealth. shall not be barred by prescription. REGALIAN DOCTRINE (JURA REGALIA) . 139396. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Bethany Conde. 135385.The Ombudsman is clothed with authority to conduct preliminary investigation and prosecute all criminal cases involving public officers and employees.The power to investigate also includes the power to impose preventive suspension. The latter is a suspension as a penalty. Fred Prieto. 2000) . 75 Phil 890). (Loquias v. 2. preventive suspension is not a penalty (Bernas. 105965-70. XII. red tape. Ian Camara. XII) 1. executive or judicial intervention.The Constitution and RA 6770 (The Ombudsman Act of 1989) has endowed the Office of the Ombudsman with a wide latitude of investigatory and prosecutory power virtually free from legislative. No. . Leah Merida.R. laches or estoppel (Sec. Art. • The 1987 Constitution reaffirmed the Regalian doctrine in Sec. Barbara Jill Clara.universal feudal theory that all lands were held from the Crown (Holmes. flora and fauna. Hazel Manaog. 226 SCRA 645) V. (Sec. Mary Ann Charisma Gutierrez. Promulgate its rules of procedure and exercise such other powers or perform such function or duties as may be provided by law. Ma.1. All lands of the public domain. 2. Art. forests. ART. acts as the champion of the people and the preserver of the integrity of public service. Determine the causes if inefficiency. GR No. (Uy v. g. (Presidential Ad Hoc Fact-Finding Committee on Behest Loans v.Melissa Yoro. 2002. Director of Land. Beatriz Geronilla. Carlo Bautista. G. f. Art XI) . GR No. XI) but it applies only to civil actions and not to criminal cases. or timber. August 15. increased wealth for the benefit of the people. 2001). Jenery Perez. March 20. ILL-GOTTEN WEALTH . Mark Anthony Bayquen. Christopher Linag. 15. and natural resources belong to •  CHAIRPERSON: Jonathan Mangundayao  ASST.the right of the State to recover properties unlawfully acquired by public officials or employee. minerals. Publicize matters covered by its investigation when circumstances so warrant and with due process. coal. waters. Secretary of DENR.. (Sec. pertinent records and documents. Joy Zabala . and respects the initiative and independence inherent in the Ombudsman who. mismanagement. 212 US 449). beholden to no one. Office of the Ombudsman. The 1987 Constitution A ReviewerPrimer. Sandiganbayan. (Oh Cho v. GOALS OF THE NATIONAL ECONOMY (SEC. Disierto. from them or from their nominees or transferees. increased productivity. fisheries. if necessary. 14. Insular Government. fraud and corruption and to make recommendations for their elimination and observance of high standards of ethics and efficiency.San Beda College of Law 49 M EMORY A ID IN P OLITICAL L AW and examine. and 3. Russel Tacla. Flavier . Exception: any land in the possession of an occupant and of his predecessors-in-interest since time immemorial. This is different from the power to recommend suspension.130140. October 25. GR No. Citing. Its approved annual appropriations shall be automatically and regularly released. 13. Ryan Co. 1999) Article XII : NATIONAL ECONOMY AND PATRIMONY I. The Office of the Ombudsman shall enjoy fiscal autonomy. 2000). Buenesada vs. wildlife. Cariño v. II. XI) i.

III. PRIVATE LANDS General Rule: no private land shall be transferred or conveyed except to individual. Art. Jennifer Ang (VC. and 6. Mark David Martinez (Criminal Law). R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT Maricel Abarentos (Over-all Chairperson). national parks. FILIPINIZED ACTIVITIES REGARDING THE NATIONAL ECONOMY AND PATRIMONY: 1. or C HAIRPERSONS lease not more than 500 hectares. mere issuance of title not enough (Sunbeam Convenience Food v. nor for period longer than 50 years and subject to amendment.50 2005 CENTRALIZED BAR OPERATIONS the state. Romuald Padilla (Civil Law).These agreements refer to service contracts which involve foreign management and operation provided that the Government shall retain that degree of control sufficient to direct and regulate the affairs of individual enterprises and restrain undesired activities (La Bugal-B’laan Tribal Assoc. Franchise. joint venture or production sharing agreement for exploration. 4. agricultural 2. With the exception of agricultural lands. Art. Private corporations may lease not more than 1. certificate or any other form of authorization for the operation of a public utility: only to Filipino citizens or entities with 60% FC. vs. mineral lands. corporations or associations qualified to acquire or hold lands of the public domain. State shall give preference to qualified Filipinos. Garny Luisa Alegre (Commercial Law). Joy Inductivo (VC-Finance).. homestead or grant. 2. who are its real owners. DENR. ownership in condominium units. all executive and managing officers must be Filipino citizens. use and enjoyment of nation’s marine wealth within territory: Exclusively for Filipino citizens. Jackie Lou Bautista (Legal Ethics) . Exception: For large-scale EDU of minerals. 4. under the 1935 Constitution Stewardship Doctrine – Private property is supposed to be held by the individual only as a trustee for the people in general. and 4. 3. Ronald Jalmanzar (Over-all Vice Chair). the President may enter into agreements with foreign-owned corporations involving technical or financial assistance. Alienable lands of the public domain: Only Filipino citizens may acquire not more than 12 hectares by purchase. December 1. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). ✍ such franchise. although Congress may provide for higher percentage. Classification of Lands of the Public Domain (Sec. Yolanda Tolentino(VC-Acads). Exceptions: 1. alteration or repeal by Congress. XII). 5. co-production. Certain areas of investment: reserved for Filipino citizens or entities with 60 % FC. development and utilization (EDU) of natural resources: Filipino citizens or entities (read: corporations or associations) with 60% Filipino capitalization. foreigners who inherit through intestate succession. Charmaine Torres (Taxation Law). shall not be exclusive. 2004) 2..Secretariat). et al.R. Parity right agreement. forest timber.. 3. etc. grant of rights. petroleum and other mineral oils. Secretary. 3. XII) 1. Jinky Ann Uy (Remedial Law). IV. No. Requirement of Reclassification or Conversion: positive act of government. (Sec. Francis Benedict Reotutar (Labor Law). former natural-born Filipino citizen may be a transferee of private lands subject to limitations provided by law. . G. all other natural resources shall not be alienated.000 hectares for 25 years renewable for another 25 years. Elaine Masukat (VCEDP). 2. 127882. 181 SCRA 443). Court of Appeals. privileges and concessions covering national economy and patrimony. et al. 3.

XIII). except those established by religious groups and mission boards. Art. Mark Anthony Bayquen. during the emergency and under reasonable terms prescribed by it. Leah Merida. 1 and 2. In times of national emergency.R. 2. Mary Ann Charisma Gutierrez. temporarily take over or direct the operation of any privately owned public utility or business affected with public interest. XIII) 1. quality education. 7. No. when the public interest so requires. (Agan vs. PIATCO. Hazel Manaog. G. Art. use and disposition of property and its increments. education that is relevant to the needs of the people [Sec. affordable education [Sec. Russel Tacla. 2003) Article XIII : SOCIAL JUSTICE AND HUMAN RIGHTS Social Justice as Envisioned by the Constitution ✍ equitable diffusion of wealth and political power for common good. May 5. 3. 2. whether permanent or temporary. 3. and ✍ creation of economic opportunities based on freedom of initiative and self-reliance (Sec. Aspects of Academic Freedom: 1. Distributive Justice – the attainment of a more equitable distribution of land  CHAIRPERSON: Jonathan Mangundayao  ASST. collective bargaining and negotiations. Carlo Bautista. Art. Rights of Labor Guaranteed by the Constitution (Sec. Fred Prieto. The private entity-owner affected by the temporary takeover cannot. Art. 3. Ma. full protection to labor. Christopher Linag.1. right to human conditions of work. Barbara Jill Clara. peaceful concerted activities including the right to strike in accordance with law. Ian Camara.XIV]. to the institution – to provide that atmosphere which is most conducive to speculation.based on the Aristotelian notion of giving each one what is due him on the basis of personal worth and value. ownership. claim just compensation for the use of the said business and its properties as the temporary takeover by the government is in exercise of its police power and not of its power of eminent domain. likewise. XII) • The temporary takeover by the government extends only to the operation of the business and not to the ownership thereof. 8. TEMPORARY TAKE OVER OF BUSINESS AFFECTED WITH PUBLIC INTEREST They State may: 1. and not merely what he has contracted for. Bethany Conde. Nationalized Educational Activities: 1. Joy Zabala . Beatriz Geronilla. (Sec. Art. promotion of full employment and equality of employment opportunity to all. 2. Art. experimentation and creation.XIV]. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. right to security of tenure. 155001. and a just share of other or seasonal farm workers in the fruits of the land. Article XIV : EDUCATION Principal Characteristic of Education which State must Promote and Protect: 1. Ryan Co. As such the government is not required to compensate the private entityowner of the said business as there is no transfer of ownership. 3.XIV]. and 4. 6. 2. right to participate in policy and decision-making affecting their rights and benefIts.2(1). and 3. control and administration. guarantee of right of workers to selforganization. ownership. ✍ regulation of acquisition. student population [Sec. 4.Melissa Yoro. Jenery Perez. .San Beda College of Law 51 M EMORY A ID IN P OLITICAL L AW VI. 5. 17. which recognizes the right of farmers and regular farm workers who are landless to own the land they till.4(2).

132860. implied consent a.) Sec. when State commences litigation becomes vulnerable to counterclaim. Elaine Masukat (VCEDP). Garny Luisa Alegre (Commercial Law). Francis Benedict Reotutar (Labor Law). CA. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). 1950) b.(UP v. subject to the adequate performance of his other academic duties.) Sec. Phil. c. Reviewer in Political Law. (Begosa v. Civil Service Commission. Art. (Sec. special law (Merritt v. Government of the Philippine Islands. Test to determine if suit is against State: • If the enforcement of the decision rendered against the public officer or agency impleaded will require an affirmative act from State. limited by his special position in the community. (Froilan v. The Civil Service Commission has no authority to force it to dismiss a member of its faculty even in the guise of enforcing Civil Service Rules. NCC: LGUs liable for injuries or death caused by defective condition of roads xxx or public works under their control (City of Manila vs Teotico. to the student . Joy Inductivo (VC-Finance). 3.) Art. NCC: tort committed by special agent. Express consent a. 3. (ii. 2180. whether in the disbursement of funds or loss of property. freedom from institutional censorship or discipline. (iii. Ronald Jalmanzar (Over-all Vice Chair).. 20). if it produces adverse consequences on the public treasury. 3083 and CA 327 as amended by Secs. 127930. freedom in the classroom in discussing his subject. • A suit is against the state. 2. 49-50. 2001) 2. 311). 2000). Pan Oriental Shipping. general law – (i. Veterans Adm. to the faculty a. it is a suit against the State (Nachura. Romuald Padilla (Civil Law). c. 24 of LGC. 32 SCRA 466) Forms of Consent: 1. and d. Charmaine Torres (Taxation Law). Article XVI : STATE IMMUNITY FROM SUIT Basis: The state may not be sued without its consent. the public official proceeded against not being liable in his personal capacity. 2189. Chairman. L-6060 Sept. 22 (2) of RA 7160 (LGC of 1991): LGU’s have power to sue and be sued. regardless of who is named as defendant. GR No. 22 SCRA 267) (iv. who may teach. XVI). the University of the Philippines has the prerogative to determine who may teach its students. b. . C HAIRPERSONS then. 34 Phil. how shall it be taught.Secretariat). less controversial matters which bear no relation to the subject. Jennifer Ang (VC. December 15. Yolanda Tolentino(VC-Acads). who may be admitted to study (Miriam College Foundation v.) Art.) Act No. LGU’s and their officials are not exempt from liability for death or injury or damage to property. PD 1445: money claims arising from contracts first filed with COA before suit may be filed in court. Jackie Lou Bautista (Legal Ethics) . GR No. April 3.52 2005 CENTRALIZED BAR OPERATIONS Freedom to determine for itself on academic grounds: a.As part of its constitutionally enshrined academic freedom. 30. Mark David Martinez (Criminal Law). what may be taught. Dames. Jinky Ann Uy (Remedial Law). (v. 185 SCRA 523). b. p.right to enjoy in school the guarantee of the Bill of rights (Non v. b. GR No. freedom in research and in the publication of the results. State enters into a business contract AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson).

b. Leah Merida. Rules Regarding Garnishment or Levy of Government Funds in Government Depository: General Rule: government funds deposited with PNB or authorized depositories cannot be subject to garnishment. Hazel Manaog. Fred Prieto. c When it would be inequitable for the state to claim immunity (Amigable v.Melissa Yoro. Exceptions: 1. in the exercise of sovereign functions. (ii. 3083 ✍ Ordinary rule for execution will not apply after money judgment against the government. Guinto. 120 SCRA 707). CA. 1. erroneous collection of taxes. CA. Mary Ann Charisma Gutierrez. not suable (Balquera v. Alcala. Bethany Conde. Jenery Perez. Cuenca. unless such disbursement is covered by the corresponding appropriation as required by law (Republic v.R. Under Act No. Jure Imperii . Russel Tacla.(SSS v.) propriety – if the purpose is to obtain special corporate benefits or earn pecuniary profit. Article XVII: PROCEDURE IN AMENDING THE CONSTITUTION Steps in Amendatory Process:  CHAIRPERSON: Jonathan Mangundayao  ASST. No. it is an express consent and it is suable. 2. PNR. 167 SCRA 28). L-61744. Bureau of Printing Employees Association. Mark Anthony Bayquen. Ryan Co.San Beda College of Law 53 M EMORY A ID IN P OLITICAL L AW Jure Gestonis . Exceptions: where law or ordinance has already been acted appropriating a specific amount to pay a valid governmental obligation.(Malong v. G. performs governmental functions: not suable without State consent even if performing proprietary function incidentally (Bureau of Printing v. safety and for the advancement of public good and welfare. Rules Regarding Payment of Interests by Government in Money Judgments Against It: General Rule: Government cannot be made to pay interests. since government funds and properties may not be seized under writs of execution or garnishment. 1984). suable. Pabalan. if it’s charter is right of sovereign power. may be sued (US v. Beatriz Geronilla. (Municipality of San Miguel. 295 SCRA 366). funds belonging to government corporations which can sue and be sued that are deposited with a bank (PNB v. No implied consent (US v.) governmental – if it is in the interest of health. 43 SCRA 360) Scope of Consent: Consent to be sued does not include consent to the execution of judgment against it. Ruiz. Carlo Bautista. eminent domain. or 3. because the power of the court ends when the judgment is rendered. right of economic or business relations. Joy Zabala . Unincorporated a. Barbara Jill Clara. 136 SCRA 487). Bulacan v. affecting the public in general. where government agrees to pay interest pursuant to law. for the consent to be sued is only up to the point of judgment 2. 182 SCRA 644). 1 SCRA 340). Rules Regarding Government Agencies: 1. June 25. 2. Such execution will require another waiver. Fernandez. performs proprietary functions: suable (Civil Aeronautics Administration v. 54 SCRA 84). Christopher Linag. Incorporated (GOCC) – if it’s charter provides that it has the right to sue and be sued. 83 SCRA 595). inquire into it’s function based on the purpose for which it was created. 138 SCRA 63) (i. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Villasor. Ian Camara. Under a charter ✍ May be enforced by a writ of execution because consent is until the satisfaction of the money judgment.

Ferrer. Elaine Masukat (VCEDP). 1987) nor more often than once every 5 years. Proposal i. • Sec. No. can enact the necessary implementing legislation to fill in the gaps. The law was deemed sufficient to cover only the systems of initiative on national and local legislation because: • Sec. Indirect Initiative – the exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action (Sec 2.) a majority vote of all the members of Congress. L-32432. acting as a Constituent Assembly. Congress. Art. 2 on the Statement of Policies of the Act does not suggest an initiative on the Amendments to the Constitution. by the people through Initiative – by a petition of at least 12% of the total number of registered voters. ✍ Initiative – the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the C HAIRPERSONS • PROPOSAL BY CONGRESS For both Amendments and Revisions For both amendments and Revisions R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT Maricel Abarentos (Over-all Chairperson). of which every legislative district must be represented by at least 3% of the registered voters therein. 127325. Mark David Martinez (Criminal Law). September 11. Comelec. acting as a Legislative Assembly this time. Ronald Jalmanzar (Over-all Vice Chair). Charmaine Torres (Taxation Law). omits to provide for the implementing details. Jackie Lou Bautista (Legal Ethics) . Jinky Ann Uy (Remedial Law). 1970).) by calling a Constitutional Convention – called either by: (iia. CONCON PROPOSAL BY PEOPLE For amendments only! ✍ If Congress. Jennifer Ang (VC. RA6735).R. with the question of whether or not to call a constitutional convention to be resolved by the people in a plebiscite (Sec. or (iib. GR No. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Joy Inductivo (VC-Finance). 5 of the Act does not provide for the contents of the provision for initiative on the Constitution. G. Congress acting as Constituent Assembly (i. Romuald Padilla (Civil Law). Francis Benedict Reotutar (Labor Law). ✍ RA 6735 (System of Initiative and Referendum) does not authorize a system of initiative to amend the Constitution. ✍ no amendment in this manner shall be authorized within 5 years following the ratification of this Constitution (February 2. XVII) purpose.54 2005 CENTRALIZED BAR OPERATIONS 1. b. 1997). 3.(Imbong v. March 17. Yolanda Tolentino(VC-Acads).) Direct proposal – vote of ¾ of all its members (ii. Garny Luisa Alegre (Commercial Law). That the Act does not provide a sub-title for initiative on the Constitution simply means that the main thrust of the Act is initiative and referendum on National and Local Laws.Secretariat). (DefensorSantiago v.) 2/3 vote of all the members of the Congress.

Fred Prieto.(Gonzales v. They have no idea yet of what the rest of the amended constitution would be. G. Jenery Perez. Comelec. Doctrine of Proper Submission – plebiscite may be held on the same day as regular election. Leah Merida. Ian Camara. Russel Tacla. ✍ Submission of piece-meal amendments is unconstitutional.Melissa Yoro. October 16. Ryan Co. All the amendments must be submitted for ratification at one plebiscite only.San Beda College of Law 55 M EMORY A ID IN P OLITICAL L AW AMENDMENT Alteration of one or a few specific and isolated provisions of the Constitution REVISION Reexamination of the entire Constitution or an important cluster of provisions in the Constitution 2. Ratification . 78 SCRA 332)  CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Ma. The people have to be given a proper frame of reference in arriving at their decision. L-34150.R. ✍ Questions as to amendments are now subject to Judicial review. Mark Anthony Bayquen. Christopher Linag. Comelec. Joy Zabala . b. Beatriz Geronilla. after approval of the proposal by Congress or ConCon. 1971). 21 SCRA 774) provided the people are sufficiently informed of the amendments to be voted upon. to conscientiously deliberate thereon. Hazel Manaog. Mary Ann Charisma Gutierrez. held not earlier than 60 days nor later than 90 days: a. Barbara Jill Clara. Carlo Bautista. Comelec.Proposed amendment(s) shall be submitted to the people and shall be deemed ratified by majority of the votes cast in a plebiscite. after certification by the COMELEC of sufficiency of petition of the people. or. (Tolentino v. Bethany Conde. to express their will in a genuine manner. (Sanidad v. No.

but merely authority to fix details in execution or enforcement of a policy set out in law itself. 2. Charmaine Torres (Taxation Law). Elaine Masukat (VCEDP). How Created: 1. Within the scope and purview of the law. BIR Circulars Requisites for valid exercise: 1. Kinds: 1. ADMINISTRATIVE AGENCIES BODIES OR MAKING POWER ☛ In exercise of delegated legislative power.56 2005 CENTRALIZED BAR OPERATIONS ADMINISTRATIVE LAW ADMINISTRATIVE LAW . Jennifer Ang (VC. Quasi-legislative or rule-making power. and 3. II.Secretariat). by legislative enactment. Francis Benedict Reotutar (Labor Law). POWERS OF ADMINISTRATIVE BODIES: 1. Mark David Martinez (Criminal Law).g. Yolanda Tolentino(VC-Acads). Legislative regulation a. Interpretative legislation. Issued under authority of law. Garny Luisa Alegre (Commercial Law). the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. QUASI-LEGISLATIVE OR RULEC HAIRPERSONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). only when: i. 3. not required. Joy Inductivo (VC-Finance). Ronald Jalmanzar (Over-all Vice Chair). notice and hearing – generally. A. 2. Jackie Lou Bautista (Legal Ethics) . Jinky Ann Uy (Remedial Law).Branch of public law that fixes the organization of the government and determines competence of authorities who execute the law and indicates to the individual remedies for the violations of his rights. Quasi-judicial or adjudicatory power. endowed with quasilegislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution. e. and 3. Contingent regulation 2. e. Promulgated in accordance with the prescribed procedure: a. by constitutional provision. Determinative powers. other than the courts and the legislature. I. AND . Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).A body. 2.g. Rules and Regulations Implementing the Labor Code. Supplementary or detailed legislation. involving no discretion as to what law shall be. by authority of law. b. Romuald Padilla (Civil Law).

Administrative body granted authority to promulgate its own rules of procedure.San Beda College of Law 57 M EMORY A ID IN P OLITICAL L AW the regulation is a settlement of a controversy between specific parties. Barbara Jill Clara. jurisdiction Includes the following powers: 1. prospective. p. Christopher Linag. Ryan Co. Subpoena power 3. 261 SCRA 236). 5. Mark Anthony Bayquen. Reasonable Requisites for Validity of Administrative Rules With Penal Sanctions: 1. and not simply accept view of subordinate in arriving at a decision. QUASIJUDICIAL FUNCTIONS refers to its end product called order. right to a hearing. general 2. tribunal must consider evidence presented. board of judges must act on its independent consideration of facts and law of the case. rule/regulation must be published. Jenery Perez. evidence must be substantial. Doctrine of Subordinate Legislation – power of administrative agency to promulgate rules and regulations on matters of their own specialization. Ian Camara. law itself must declare as punishable the violation of administrative rule or regulation. present determination of rights.Melissa Yoro. 4. QUASI-JUDICIAL OR ADJUDICATORY POWER • Proceedings partake of nature of judicial proceedings. QUASILEGISLATIVE FUNCTIONS 1. Bethany Conde. 2. considered as an administrative adjudication (Cruz. ii. and 7. Mary Ann Charisma Gutierrez. Prescribe rules of procedure 2. consists of issuance of rules and regulations 1. Fred Prieto. Hazel Manaog.(Ang Tibay vs CIR. Russel Tacla. The Legislature is presumed to have full knowledge of the contents of the regulations then at the time of reenactment. reward or decision 2. it envisages the promulgation of a rule or regulation generally applicable in the future B. Carlo Bautista. the administrative rule is in the nature of subordinate legislation designed to implement a law by providing its details (CIR v. decision must be based on evidence adduced at hearing or at least contained in the record and disclosed to parties. privileges or duties as of previous or present time or occurrence 3. due process. Contempt Power Administrative Due Process: 1. Ma. Joy Zabala . or iii. publication 4. decision must be rendered in such a manner that parties to controversy can know various issues involved and reason for decision rendered. Beatriz Geronilla. and 2.42 43). CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. 6. Two necessary conditions: 1. Leah Merida. decision must have something to support itself. 3. Doctrine of Legislative Approval by Reenactment . 69 Phil 635) Substantial Evidence – relevant evidence as a reasonable mind might accept as adequate to support a conclusion. law should define or fix penalty therefor. Philippine Administrative Law. and 3. Court of Appeals. b.the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the Legislature when said law was reenacted by later legislation or through codification. 2. applies to a  CHAIRPERSON: Jonathan Mangundayao  ASST. applicability specific situation 3.

Where provided by law. Jinky Ann Uy (Remedial Law).Secretariat). President himself or through Department Head may affirm. or relieve an individual or a corporation from an affirmative duty.58 2005 CENTRALIZED BAR OPERATIONS Administrative Determinations Where Notice and Hearing Not Necessary: 1. or to engage in particular line of business. summary proceedings of distraint and levy upon property of delinquent taxpayer. grant or revocation of licenses for permits to operate certain businesses affecting public order or morals. Jackie Lou Bautista (Legal Ethics) . 2. 3. Jennifer Ang (VC. examining . summary abatement of nuisance per se which affects safety of persons or property. dispensing – to relax the general operation of a law or to exempt from general prohibition. 3. Francis Benedict Reotutar (Labor Law). Mark David Martinez (Criminal Law). Doctrine of Finality of Administrative Action – no resort to courts will be allowed unless administrative action has been completed and there is nothing left to be done in administrative structure. 4. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Judicial Relief from Threatened Administrative Action – courts will not render a decree in advance of administrative action and thereby render such action nugatory. 4. enabling – permit the doing of an act which the law undertakes to regulate.has the force and binding effect of a final judgment (note: applies only to judicial and quasi judicial proceedings not to exercise of administrative functions. Castro 99 Phil. directing – order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes 3. EXHAUSTION OF ADMINISTRATIVE REMEDIES • Whenever there is an available administrative remedy provided by law. 5. 497) C. Doctrine of Prior Resort or (Doctrine of Primary Administrative Jurisdiction) – where there is competence or jurisdiction vested upon administrative body to act upon a matter.also called investigatory power. III. appeal from administrative determination may be made to higher or superior administrative officer or body. or reverse administrative decision of subordinate. By virtue of power of control of President. summary – power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions. Romuald Padilla (Civil Law). preventive suspension of officer or employee pending investigation. Effect of Failure to Exhaust Administrative Remedies: as a general rule. Garny Luisa Alegre (Commercial Law). 3. cancellation of passport where no abuse of discretion is committed. jurisdiction of the court is not affected but the complaint is vulnerable to dismissal due to lack of cause of action. Exceptions to the Doctrine: AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). Res judicata effect of Administritve Decisions . Ronald Jalmanzar (Over-all Vice Chair). Brillantes vs. if deemed necessary. Administrative Appeal or Review 1. It is not for the court to stop an administrative officer from performing his statutory duty for fear he will perform it wrongly. alter. modify. 2. Charmaine Torres (Taxation Law). DETERMINATIVE POWERS 1. Yolanda Tolentino(VC-Acads). and 6. Appellate administrative agency may conduct additional hearing in appealed case. 5. grant of provisional authority for increase of rates. no judicial recourse can be made until all such remedies have been availed of and exhausted. 2. Joy Inductivo (VC-Finance). no resort to courts may be made before such administrative body shall have acted upon the matter. 1. Elaine Masukat (VCEDP). 2.

Fred Prieto. issue involved is purely legal. Exceptions to the Rule: 1. and c. 2. 9. 2. 5. law. where observance of the doctrine will result in nullification of claim. where there is estoppel on part of administrative agency. Jenery Perez. grave abuse of discretion. when due process of law is clearly violated. 2. where law does not make exhaustion a condition precedent to judicial recourse. where there are special reasons or circumstances demanding immediate court action. 11. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS When made: 1. law as to be in substance and effect a decision on the . 6.  CHAIRPERSON: Jonathan Mangundayao  ASST. Non-statutory – inherent power of the court to review such proceedings upon questions of jurisdiction and questions of law. Collateral attack. subject matter is private land. 3. factual findings not supported by evidence. when administrative fact finding body is unduly restricted by an error of law. Statutory. palpable errors are committed. Barbara Jill Clara. Russel Tacla. Mary Ann Charisma Gutierrez. Bethany Conde. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Beatriz Geronilla. unless judicial recourse is immediately made. Joy Zabala . 4. where there is unreasonable delay or official inaction. • Brandeis Doctrine of Assimilation of Facts – one purports to be finding of fact but is so involved with and dependent upon a question of latter. commission of abuse of authority. IV. 4.Melissa Yoro. Leah Merida. Christopher Linag. Hazel Manaog. b. where there is irreparable injury or threat thereof. 3. administrative remedy is fruitless. and 12. commission or officer. 10. Ian Camara. or regulation. findings are vitiated by fraud. constitutional or jurisdictional issue. to determine jurisdiction of any administrative board. to determine questions of facts when necessary to determine either: a. imposition or collusion. Carlo Bautista. except where law expressly provides exhaustion. and 5. Mark Anthony Bayquen. 4. ordinance. 2. arbitrariness or capriciousness is manifest. to determine constitutionality or validity of any treaty. in land case. Ryan Co. procedure which led to factual findings is irregular. 8. General Rule: Findings of facts of Administrative Agencies accorded great weight by the Courts. doctrine of qualified political agency (when the respondent is a department secretary whose acts as an alter ego of the President bears the implied and assumed approval of the latter). Direct proceeding. 7. amounting to lack or excess of jurisdiction. administrative action is patently illegal. to determine any other questions of law. 3. 3. Modes of review: 1. Ma.courts will review the entire case including the latter. executive order. and 4.San Beda College of Law 59 M EMORY A ID IN P OLITICAL L AW 1.

Elaine Masukat (VCEDP). Ronald Jalmanzar (Over-all Vice Chair). Francis Benedict Reotutar (Labor Law). Jackie Lou Bautista (Legal Ethics) . Yolanda Tolentino(VC-Acads). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Mark David Martinez (Criminal Law). Joy Inductivo (VC-Finance). Garny Luisa Alegre (Commercial Law).60 2005 CENTRALIZED BAR OPERATIONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). Romuald Padilla (Civil Law). Jennifer Ang (VC. Jinky Ann Uy (Remedial Law). Charmaine Torres (Taxation Law).Secretariat).

provincial or municipal officials Eligibility and qualification: two senses: 1. without inquiry. 4. Mark Anthony Bayquen. when office created by statute. but where the officer has failed to conform to some precedent  CHAIRPERSON: Jonathan Mangundayao  ASST. Civil or military officers. PUBLIC OFFICERS .Melissa Yoro. 2. 4.San Beda College of Law 61 M EMORY A ID IN P OLITICAL L AW LAW ON PUBLIC OFFICERS I. It cannot be subject of a who has reputation of being an officer that he assumes to be. Discretionary or ministerial officers. Russel Tacla. Without a known appointment or election. Law on Public Officers. Ma. legislative and judicial officers. functions defined expressly or impliedly by law. or 2. 234 SCRA 546) Elements of Public Office: (LSDIP) 1. 3. functions exercised by an officer directly under control of law. either fixed by law or enduring at pleasure of creating power. may refer to endowments.a person is a de facto officer where the duties of the office are exercised under any of the following circumstances: 1. Carlo Bautista. Ian Camara. Leah Merida. by which for a given period. and yet is not an officer in point of law. III. with permanency or continuity.5) II. not temporary or occasional. but under such circumstances of reputation or acquiescence as were calculated to induce people. DE FACTO OFFICERS . Beatriz Geronilla. Congress has generally plenary power to prescribe qualification but such must be: a. 2. Bethany Conde. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Under color of a known and valid appointment or election. ordinarily exclusive. Joy Zabala . Hazel Manaog. 2. p. Characteristics: -Public office is a public trust. are under control of a superior. authority and duty created and conferred by law. Jenery Perez. (duties performed independently) and 5. 2. not under that of a superior officer unless they are functioned conferred by law upon inferior officers. (Cruz.(Fernandez vs Sto Tomas.PUBLIC OFFICE . Authority to prescribe qualification: 1. to submit to or invoke his action. National. . Fred Prieto. 3. Ryan Co. when prescribed by Constitution. and 5. the legislature may not increase or reduce qualifications except when Constitution itself provides otherwise as when only minimum or no qualifications are prescribed( ex: Art XIII Sec 17 (2). possess sovereign functions of government to be exercised for public interests. not too specific so as to refer to only one individual. may refer to the act of entering into performance of functions of public office. and individual is vested with some sovereign functions of government to be exercised by him for the benefit of the public. Art VIII Sec 7 (2) Consti) . germane to purpose of office. Officers de jure or de facto.individuals vested with public office Classification of Public Officers: 1.right. Mary Ann Charisma Gutierrez. and b. who by law. Barbara Jill Clara. supposing him to the be the officer he assumed to be. Executive. Christopher Linag. -Public office is not property and is outside the commerce of man. qualities or attributes which make an individual eligible for public office. created by law or ordinance authorized by law.

either actual or apparent has neither lawful title nor color of right or title to office acts are absolutely void and can be impeached in any proceeding at any time unless and until he continues to act for so long a time as to afford a presumption of his right to act not entitled to compensation 2. the officer was not eligible. Under color of an election or an appointment by or pursuant to a public. 4. Romuald Padilla (Civil Law). Joy Inductivo (VC-Finance). known appointment or election pursuant to unconstitutional law before declaration of unconstitutionality. 3. County of Shelby) Requisites: 1. 2. by reputation or acquiescence. Note: Here. and 7. void because: a. or defect being unknown to the public. color of title to office. Ronald Jalmanzar (Over-all Vice Chair). DE JURE OFFICER 1. Under color of a known election or appointment. 3. Elaine Masukat (VCEDP). known appointment or election but void because of ineligibility of officer or want of authority of appointing or electing authority or irregularity in appointment or election not known to public. Jinky Ann Uy (Remedial Law). 6. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). cannot be removed in a direct proceeding 3. Mark David Martinez (Criminal Law). unconstitutional law. Yolanda Tolentino(VC-Acads). taking an oath or giving a bond). actual physical possession of said office. 2. color of right without being technically qualified in all points of law to act may be ousted in a direct proceeding against him. 3.. Jennifer Ang (VC. b. Garny Luisa Alegre (Commercial Law). INTRUDER one who takes possession of an office and undertakes to act officially without any authority. valid existing office. before the same is adjudged to be such. there was a want of power in the electing or appointing body. 4. DE FACTO OFFICER 1. c. known or valid appointment or election but officer failed to conform with legal requirements. Jackie Lou Bautista (Legal Ethics) . there was a defect or irregularity in its exercise. entitled to compensation for services rendered 4.62 2005 CENTRALIZED BAR OPERATIONS requirement or condition (e. DE FACTO OFFICER on reputation has possession and performs the duties under has lawful or title to the office Legal Effects of Acts . what is unconstitutional is not the act creating the office. 2. 5. acts are valid as to the public until such time as his title to the office is adjudged insufficient 3. rests right on the 1. 4. Charmaine Torres (Taxation Law).valid insofar as they affect the public Entitlement to Salaries General Rule: rightful incumbent may recover from de facto officer salary received by latter during time of AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). officer under any of the 4 circumstances mentioned 1.Secretariat). (Norton v. Francis Benedict Reotutar (Labor Law). want of power. has color of right or title to office 2. such ineligibility. but the act by which the officer is appointed to an office legally existing.g. 3.

Sec. Provisional. Joy Zabala . Mary Ann Charisma Gutierrez. by appointment.(Monroy v. whether or not this is confirmed by the Commission on Appointments. p. Leah Merida. is immediately effective. Jenery Perez. on a person already in public office. Reviewer in Political Law. Ian Camara. Hazel Manaog. or 2. given to a non-civil service eligible is without a definite tenure and is dependent upon the pleasure of the appointing power. Designation – imposition of additional duties. Fred Prieto. one which may be issued upon prior authorization of the Commissioner of Civil service in accordance with the provisions Ad interim appointment Made during the recess Made before such confirmation Shall cease to be valid if disapproved by the CA or upon the next adjournment  CHAIRPERSON: Jonathan Mangundayao  ASST. de facto officer entitled to salaries for period when he actually discharged functions. Mark Anthony Bayquen. Temporary – acting appointment. Russel Tacla. Christopher Linag. b. and ceases to be valid if disapproved or bypassed by CA upon next adjournment of Congress.Melissa Yoro. by election OF OFFICIAL of the Civil Service Law and the rule and standards to a person who has no t qualified in an appropriate examination but who otherwise meets the requirements for appointment to a regular position in the competitive service. 4. Ad-interim – a. Regular – made by President while Congress is in session and becomes effective after nomination is confirmed by the Commission on Appointments and continues until the end of term. Beatriz Geronilla. 194 SCRA 317) Challenge to a De Facto Officer: must be in a direct proceeding where the title will be the principal issue IV. Bethany Conde. Regular appointment Made during the legislative session Made only after the nomination is confirmed by the Commission on Appointments (CA) Once confirmed by the CA continues until t he end of the term of the appointee Appointment – selection. ✍ Essentially a discretionary power and must be performed by the officer in which it is vested according to his best lights. 20 SCRA 620) Exception: when there is no de jure public officer. Permanent – extended to person possessing requisite qualification for the position and thus enjoys security of tenure. Midnight – made by the President before his term expires. COMMENCEMENT RELATIONS: 1. of individual who is to perform functions of a given office. Recess -made while Congress is not in session. and 5.. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. usually by law. 305) Commission – written evidence of appointment. before confirmation. 3. whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of those who are eligible at the time of appointment. the only condition being that the appointee should possess the minimum qualification requirements prescribed by law for the position (Nachura. by authority vested with power. Barbara Jill Clara.San Beda College of Law 63 M EMORY A ID IN P OLITICAL L AW wrongful tenure even though latter is in good faith and under color of title.(Civil Liberties Union v. Classification of Appointments: 1. Ryan Co. Ma. Carlo Bautista. Exec. 2.

Ministerial – discharge is imperative and requires neither judgment nor discretion. Ronald Jalmanzar (Over-all Vice Chair). of an act which he had no legal right to perform. inattention or malice. When there is a clear showing of bad faith. he negligently or willfully fails to require subordinate to conform to prescribed regulations. Jinky Ann Uy (Remedial Law). liability on tort . Francis Benedict Reotutar (Labor Law). 3. Nonfeasance – neglect or refusal to perform an act which is officer’s legal obligation to perform. or 5. Joy Inductivo (VC-Finance). 2. made in favor of a relative of the (1) appointing or (2) recommending authority or of the (3) chief of the bureau or office or of the (4) persons exercising immediate supervision over him. liability on contracts. 3. and 3. Code of 1987. Misfeasance – failure to use that degree of care. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). LIABILITY OF PUBLIC OFFICER ✍ A Public Officer shall not be civilly liable for acts done in performance of his duties the Exceptions: 1. and 2. resigned. V. he negligently or carelessly oversees business of office as to furnish subordinate an opportunity for default. including GOCC. Classifications of vacancy: 1. and administrative liability. 27. absolute – when the term of an incumbent having expired and the latter not having held over. Malfeasance – doing. A Superior Officer shall be liable for acts of subordinate officers only if he has actually authorized be AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). 2. Jennifer Ang (VC. constructive – when the incumbent has no legal right or claim to continue in office and can be legally replaced by another functionary. VII. (CAC liability rule) Liability of Ministerial Officers: 1. malice or negligence (Administrative Code of 1987). law expressly makes him liable. Elaine Masukat (VCEDP). Yolanda Tolentino(VC-Acads). 2. A relative is one within the 3rd degree either of consanguinity or affinity Vacancy – when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and performs its duties. C HAIRPERSONS ✍ Under the Revised Admin. and 4. POWERS AND DUTIES OF A PUBLIC OFFICER: 1. Romuald Padilla (Civil Law). or been removed. Discretionary – imposed by law wherein officer has right to decide how and when duty shall be performed. 2. no successor is in being who is legally qualified to assume the office. criminal. Doctrine of Command Responsibility ✍ A superior officer is liable for acts of a subordinate when: (ERCAL) 1. Charmaine Torres (Taxation Law). 4. 32 and 34). except as otherwise provided by law. provincial.64 2005 CENTRALIZED BAR OPERATIONS Nepotism – all appointments in the national. mandamus will lie.Secretariat). statutory liability under the Civil Code (Arts. mandamus will not lie. Garny Luisa Alegre (Commercial Law). Threefold Liability Rule – wrongful acts or omissions of public officers may give rise to civil. city and municipal governments or in any branch or instrumentality thereof. 3. Mark David Martinez (Criminal Law). he negligently or willfully employs or retains unfit or incompetent subordinates. Jackie Lou Bautista (Legal Ethics) . General Rule: not liable for injuries sustained by another as a consequence of official acts done within the scope of his authority. accidental – when the incumbent having died. through ignorance. he directed or authorized or cooperated in the wrong. original – when an office is created and no one has been appointed to fill it. 4. skill and diligence required in the performance of official duty.

Rules on Preventive Suspension: 1. by whom – the proper disciplining authority may preventively suspend. b.need not be preceded by prior notice and hearing since it is not a penalty but only a preliminary step in an administrative investigation (Lastimosa v. iii. 4142. 807):  CHAIRPERSON: Jonathan Mangundayao  ASST. if there are reasons to believe that respondent is guilty of the charges which would warrant his removal from the service e. R. oppression or grave misconduct. grounds – if the charge against such officer or employee involves: i.O. not a penalty but only a means of enabling the disciplinary authority to conduct an unhampered investigation.51. Mary Ann Charisma Gutierrez. Barbara Jill Clara. Punitive in character a. Vasquez. PENDING APPEAL [Sec.Melissa Yoro.A. d. no compensation due for the period of suspension even if found innocent of the charges. Zaldivar. he should be reinstated with full pay for the period of suspension. A Presidential Appointee: a. otherwise. 18 SCRA 223) . Mark Anthony Bayquen.2260 (Villaluz v.27(4). Joy Zabala . the respondent shall be automatically reinstated unless the delay in the disposition of the case is due to the fault. negligence or petition of the respondent. E. 2. against whom – any subordinate officer or employee under such authority. 15 SCRA 710). b. or iv. duration – the administrative investigation must be terminated within 90 days. If exonerated.a precautionary measure so that an employee who is formally charged of an offense may be separated from the scene of his alleged misfeasance while the same is being investigated (Bautista v. E.292] 1. Leah Merida. dishonesty. 5.O. ✍ Subordinate officers are also liable for willful or negligent acts even if he acted under orders if such acts are contrary to law. Appointive Officials Not a Presidential Appointee (Secs. Peralta. public policy and good customs Preventive Suspension . Jenery Perez. neglect in the performance of duty. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. can only be investigated and removed from office after due notice and hearing by the President of the Philippines under the principle that “the power to remove is inherent in the power to appoint” as can be implied from Sec. ii. Ryan Co. Fred Prieto. morals. P. Bethany Conde. Beatriz Geronilla. Carlo Bautista. Christopher Linag. 292] 1.the period of preventive suspension cannot be deducted from whatever penalty may be imposed upon the erring officer (CSC Resolution No.D. including GOCCs charged with graft and corruption involving one or a combination of the following criteria: 2. when – pending an investigation. Russel Tacla. 243 SCRA 497) .San Beda College of Law 65 M EMORY A ID IN P OLITICAL L AW written order the specific act or misconduct complained. 90-1066) PENDING INVESTIGATION [Sec. Ian Camara. c. in which case the period of delay shall not be counted in computing the period of suspension. the Presidential Commission Against Graft and Corruption (PCAGC) shall have the power to investigate administrative complaints against presidential appointees in the executive department of the government. Ma. Hazel Manaog.

” The preventive suspension for 6 months without pay is thus according to law (Lastimosa v. gravity of the offense so warrants. Ronald Jalmanzar (Over-all Vice Chair). single administrative case – not to extend beyond 60 days. Romuald Padilla (Civil Law). those which threaten grievous harm or injury to the national interest. ✍ Term – period during which officer may claim to hold office as a right. The Law of Public Officers. Jackie Lou Bautista (Legal Ethics) . ii. 3. evidence of culpability is strong. Back salaries are also payable to an officer illegally dismissed or otherwise unjustly deprived of his office the right to recover accruing from the date of AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). terminated by the Office of the Ombudsman but not more than 6 months without pay. Yolanda Tolentino(VC-Acads). Mark David Martinez (Criminal Law). 243 SCRA 497) R. 2. 6770) expressly provide that “the preventive suspension shall continue until the case is C HAIRPERSONS i. or offense involving fraud upon government or public funds or property (Cruz. 151 and 151-A). Right to Office – just and legal claim to exercise powers and responsibilities of the public office. ii. Revised Penal Code. iii. several administrative cases – not more than 90 days within a single year on the same ground or grounds existing and known at the time of the first suspension . Charmaine Torres (Taxation Law). those which may be assigned to it by the President (E. Jinky Ann Uy (Remedial Law). Book II. grounds: i. 7160) a.A. pp. any public officer against whom a valid information is filed charging violation of: R.66 2005 CENTRALIZED BAR OPERATIONS presidential appointees with the rank equivalent to or higher than an Assistant Regional Director. Elaine Masukat (VCEDP). duration: i. a highly urbanized or an independent component city. Francis Benedict Reotutar (Labor Law). Elective Officials: (Sec 63.A. Title 7. amount involved is at least P10M.A. 2.O. and iv. Joy Inductivo (VC-Finance). - 1. iii. R. continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence d.A.Secretariat). iii. RIGHTS OF PUBLIC OFFICERS: 1. 2. 86-87) VII. Garny Luisa Alegre (Commercial Law). President – elective official of a province. Governor – elective official of a component city or municipality. ✍ Tenure – period during which officer actually holds office. by whom – against whom i. reasonable ground to believe that the respondent has committed the act or acts complained of. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). ii. Preventive Suspension – public officer not entitled during the period of preventive suspension. c. when – at any time after the issues are joined. Mayor – elective official of a barangay b. Vasquez. Jennifer Ang (VC. 3019. Right to Salary Basis: legal title to office and the fact the law attaches compensation to the office. 3019 makes it mandatory for the Sandiganbayan to suspend. Salary – compensation provided to be paid to public officer for his services. No.Section 24 of the Ombudsman Act (R. iv. ii. for a maximum period of 90 days unless the case is decided within a shorter period. but upon exoneration and reinstatement he must be paid full salaries and emoluments during such period.

San Beda College of Law 67 M EMORY A ID IN P OLITICAL L AW deprivation. Claudio. 7. the disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions. CA. Right to be indemnified against any liability which they may incur in bona fide discharge of duties. 28 SCRA 34) Automatic Reversion Rule – all appointments involved in chain of promotions must be submitted simultaneously for approval by the Commission. emoluments – profits arising from the office. Leah Merida. Ryan Co. Right to maternity leave. 4. Law on Public Officers. 5. and e. The claim for back salaries must be coupled with a claim for reinstatement and subject to the prescriptive period of one (1) year. Beatriz Geronilla. 6. but in appreciation for services rendered. Carlo Bautista. Right to longevity pay. (Cruz. Hazel Manaog. ✍ Appointing officer is only required to give special reasons for not appointing officer next in rank if he fills vacancy by promotion in disregard of the next in rank rule. and 10. Right to retirement pay. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. b. Fred Prieto. Barbara Jill Clara. But the appointing authority still exercises his discretion and is not bound by this rule. Ma. salary – personal compensation to be paid to public officer for his services and it is generally a fixed annual or periodical payment depending on the time and not on the amount of the service he may render. Note: Civil servants are now given the right to self organize but they may not stage strikes (see: SSS Employees Assoc. Russel Tacla. d. 175 SCRA 686) VIII. Jenery Perez. Ian Camara. or perquisites. Right to Self-Organization Art III. p126126) Forms of Compensation: a. Christopher Linag. fee – payment for services rendered or on commission on moneys officially passing through their hands. Right to vacation leave and sick leave with pay. Right to Preference in Promotion Promotion – movement from one position to another with increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay. Right to pension and gratuity. Joy Zabala . 11. Right to reimbursement for expenses incurred in performance of duty. fees. per diem – allowance for days actually spent in the performance of official duties. honorarium – something given as not as a matter of obligation. Mary Ann Charisma Gutierrez.Melissa Yoro. Sec 8 1987Consti. MODES OF TERMINATION OFFICIAL RELATIONSHIP: (TR3A3P DIFC2IT)  CHAIRPERSON: Jonathan Mangundayao  ASST. 8. Next-in-Rank Rule – the person next in rank shall be given preference in promotion when the position immediately above his is vacated. Mark Anthony Bayquen. 3. 9. Gratuity – a donation and an act of pure liberality on the part of the State. received as compensation for services or which is annexed to the office as salary. vs. civil or military. Bethany Conde. Pension – regular allowance paid to an individual or a group of individuals by the government in consideration of services rendered or in recognition of merit. c. (Pineda vs.

237 of RPC) Retirement: ✍ Members of Judiciary : 70 years of age ✍ Other government officers and employees : 65 years of age ✍ Optional retirement age: after rendition of minimum number of years of service.68 2005 CENTRALIZED BAR OPERATIONS 1. Municipal Mayors and Vice Mayors/City Mayors and Vice Mayors of component cities Provincial Governor. to competent authority provided by law. Governors. Members of Congress respective Chambers e. (But subject to Art. f. 12. and filing of certificate of candidacy. death. SG Panlalawigan – municipal officials in the district. Francis Benedict Reotutar (Labor Law). by a Preparatory Recall Assembly (PRA) composed of: i. 9. pleasure of appointing power. R. Initiation of the Recall Process: a. failure to assume elective office within 6 months from proclamation. Ronald Jalmanzar (Over-all Vice Chair). Legislative District: iiia. removal. tender to officer authorized by law to call election to fill vacancy: C HAIRPERSONS R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). Municipal . abolition of office. Charmaine Torres (Taxation Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Romuald Padilla (Civil Law). Yolanda Tolentino(VC-Acads). If law is silent and public officer is elected. Mayors and Vice Mayors of HUC’s and independent component cities . Limitations on Recall: 1.(Alajar vs Alba. 4. Sanggunian Members – Sanggunian concerned. no recall shall take place within one year from date of the official’s assumption to office or one year immediately preceding a regular local election.President. Vice Governors. not removal. Accepting Authority for Resignation: 1. Procedure for Recall (Secs. If law is silent and public officer is appointed. 8. impeachment. any elective official may be subject of a recall election only once during his term of office for loss of confidence. tender to appointing officer. 70-72. iv. g. Provincial – mayors. 6. public officer is entitled to hold office until successor has been chosen and shall have qualified.punong barangay and (sg) barangay members. 13. Jennifer Ang (VC. 10. SG Panglunsod – barangay officials in the district. 2. Purpose: to prevent hiatus in public office. 7. 3. vice mayors and sanggunian (sg) members of the municipalities and component cities. Garny Luisa Alegre (Commercial Law). prescription of right to office (within one year after the cause of ouster or the right to hold such office or position arose). Jackie Lou Bautista (Legal Ethics) . City – punong barangay and (sg) barangay members. Elaine Masukat (VCEDP). resignation. and 2. 3. Mark David Martinez (Criminal Law). 2. and h. iii. expiration of term or tenure. 7160) 1. iiib. AND ✍ When public officer holds office at Principle of Hold-Over – if no express or implied Constitutional or statutory provision to the contrary. recall. reaching the age limit. his replacement amounts to expiration of his term. abandonment.termination of official relationship for loss of confidence prior to expiration of his term through the will of the people. 100 Phil 683) a.A. President and Vice-President Congress b.Secretariat). Joy Inductivo (VC-Finance). acceptance of incompatible office. 11. 5. Jinky Ann Uy (Remedial Law). Elective Barangay Officials – Municipal or City Mayors Recall . ii. conviction of a crime. 14.

Ian Camara. and in a public place of the LGU. Joy Zabala .not later than 45 days after the filing of the resolution or petition. upon lapse of the said period. Fred Prieto. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. ✍ recall of the officials concerned shall be validly initiated through a resolution adopted by a majority of all the PRA members concerned b. written petition filed with the COMELEC in the presence of the representative of the petitioner and a representative of the official sought to be recalled. Election on Recall – COMELEC shall set the date of the election on recall: a. for provincial officials . Bethany Conde. b. Mary Ann Charisma Gutierrez. for barangay. Hazel Manaog. Effectivity of Recall – only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Christopher Linag. Ma. i. city or municipal officials – not later than 30 days after the filing of the resolution or petition. city. ii. 4. Leah Merida. by the Registered Voters (RV) in the province. COMELEC shall announce the acceptance of candidates and shall prepare the list of candidates which shall include the name of the official sought to be recalled ✍ majority 3. Russel Tacla. and he shall continue in office. municipality or barangay (LGU) concerned at least 25% of the total number of RV in the LGU concerned during the election in which the local official sought to be recalled was elected.Melissa Yoro. Ryan Co. Beatriz Geronilla. Carlo Bautista. COMELEC shall cause the publication of the petition in a public and conspicuous place for a period of not less than 10 days nor more than 20 days iii.  CHAIRPERSON: Jonathan Mangundayao  ASST.San Beda College of Law 69 M EMORY A ID IN P OLITICAL L AW of the PRA members shall convene in session in a public place. Jenery Perez. Barbara Jill Clara. ✍ Should the official sought to be recalled receive the highest number of votes. Mark Anthony Bayquen. confidence in him is thereby affirmed.

R.Secretariat). 881) In such election. terrorism. or other analogous causes. the location of polling places shall be the same as that of the preceding regular election. 4. referendum. 2. In the third instance. 7166) The COMELEC shall call for the holding or continuation of the election on a date reasonably close to the date of the election not held. (Sec. (Pasandalan vs. no election is held while in the second. (Sec. suspended. In the first instance. Garny Luisa Alegre (Commercial Law). terrorism. No. Jennifer Ang (VC. and 2. Ronald Jalmanzar (Over-all Vice Chair). (Joseph Peter Sison v. violence. Failure of Elections – there are only 3 instances where a failure of elections may be declared. Kinds: 1. and c. It includes: 1. Yolanda Tolentino(VC-Acads). The election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure. 134096. violence. Elaine Masukat (VCEDP). Election – means by which people choose their officials for a definite and fixed period and to whom they entrust for time being the exercise of powers of government. namely: a. 1999) • What is common in these three instances is the resulting failure to elect. Jinky Ann Uy (Remedial Law).P.A. Special election – one held to fill vacancy in office before expiration of full term for which incumbent was elected. 6. March 3.right to vote in election of officers chosen by people and in the determination of questions submitted to people. or which resulted in a failure to elect but not later than 30 days after the cessation of the cause of such suspension or failure to elect. transmission. violence. plebiscite. 2002) The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. custody or canvass of the election returns cause a failure to elect. initiative.SUFFRAGE . After the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof such C HAIRPERSONS Maricel Abarentos (Over-all Chairperson). COMELEC. the election is suspended. Regular election – one provided by law for election of officers either nationwide or in certain subdivisions thereof. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). B. Comelec. election. Mark David Martinez (Criminal Law). or other analogous causes. terrorism. The term failure to elect means nobody emerged as a winner. No. fraud or other analogous causes. and 4. fraud. Charmaine Torres (Taxation Law).R. after expiration of full term of former members. July 18. 3. However. changes may be initiated by written petition AND • • • R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT . Romuald Padilla (Civil Law). fraud. G. b. Francis Benedict Reotutar (Labor Law). circumstances attending the preparation. Joy Inductivo (VC-Finance). G.R. Jackie Lou Bautista (Legal Ethics) election results in a failure to elect on account of force majeure.70 2005 CENTRALIZED BAR OPERATIONS ELECTION LAW I. The election in any polling place has not been held on the date fixed on account of force majeure. 150312.

No. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. (Bayan Muna v. Resident of the Philippines for at least one year. July 3. 147613. 2. Comelec. 147613. regularly nominates and supports certain of its leaders and members as candidate in public office. 2. (Sec. 881) • The COMELEC shall call for the holding of the election on a date reasonably close to the date of the election not held. II. but right is reacquired upon • Groups Disqualified for Registration: 1. unless pardoned or granted amnesty. 150469. person adjudged by final judgment of having committed any crime involving disloyalty to government or any crime against national security.organized group of citizens advocating an ideology or platform. Comelec. those supported by foreign governments. Joy Zabala . orderly and honest election becomes impossible in any political subdivision. Resident of place where he proposes to vote for at least 6 months. and  CHAIRPERSON: Jonathan Mangundayao  ASST. as the most immediate means of securing their adoption. Christopher Linag. Not otherwise disqualified by law. 5. insane or incompetent persons as declared by competent authority (Sec.P. or which resulted in a failure to elect but not later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect. June 28. 3. (Sec. OEC). accepting financial contributions from foreign governments or their agencies. loss or destruction of election paraphernalia or records. • Qualification for Suffrage: 1. those who seek to achieve their goals through violence or unlawful means. Leah Merida. G. 5. 4. but right reacquired upon expiration of 5 years after service of sentence. those who refuse to uphold and adhere to Constitution. terrorism.Melissa Yoro. Bethany Conde. Ma. or other analogous cause of such a nature that the holding of a free. regularly nominates and supports certain of its leaders and members as candidate in public office. 2001) • To acquire juridical personality and to entitle it to rights and privileges granted to political parties. B. POLITICAL PARTY . 881) expiration of 5 years after service of sentence. 2. as the most immediate means of securing their adoption. religious denominations or sects. Comelec. 118. it must be registered with COMELEC policies for the general conduct of government and which. Russel Tacla. (Bayan Muna v. 3. Barbara Jill Clara. 2001) To acquire juridical personality and to entitle it to rights and privileges granted to political parties.An election may be postponed by the COMELEC either motu proprio or upon a verified petition by any interested party when there is violence. and 4. and 5. Fred Prieto. Mary Ann Charisma Gutierrez. Carlo Bautista. Jenery Perez. B. Disqualification: 1. suspended. Mark Anthony Bayquen. Filipino citizen. and 3.San Beda College of Law 71 M EMORY A ID IN P OLITICAL L AW of the majority of the voters of the precinct or agreement of all the political parties or by resolution of the Comelec after notice and hearing. Beatriz Geronilla. it must be registered with COMELEC. force majeure. (Cawasa vs.R. 2002) Postponement of Elections . June 28. GR No. GR No. Ryan Co. principles and policies for the general conduct of government and which. At least 18 years of age. Grounds for Cancellation of Registration: 1. Hazel Manaog. Ian Camara. person convicted by final judgment to suffer imprisonment for not less than 1 year.P.

imam or pastors may be elected should they represent not their religious sect but the indigenous community sector. except that priests. it is a religious sect or denomination. A party or an organization must not be disqualified under Sec. (d) able to read and write. Elaine Masukat (VCEDP).72 2005 CENTRALIZED BAR OPERATIONS 2.Secretariat). they must show that they represent the interest of the marginalized and underrepresented. it fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in two (2) preceding elections for the constituency in which it has registered. foundation. Majority of its member-ship should belong to the marginalized and underrepresented. 5 of RA 7941. Any AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). including its nominees must comply with the qualification requirements of section 9. e. they must comply with the declared statutory policy of “Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives”. 6. Francis Benedict Reotutar (Labor Law). organization or C HAIRPERSONS association organized for religious purposes. RA 7941 as follows: a. Garny Luisa Alegre (Commercial Law). it violates or fails to comply with laws. 4. While even major political parties are expressly allowed by RA 7941 and the Constitution. the government. 6. failure to obtain at least 10% of votes casts in constituency where party fielded candidates. Party System – a free and open party system shall be allowed to evolve according to free choice of people. f. organization. it declares untruthful statements in its petition. Jackie Lou Bautista (Legal Ethics) . b. In case of a nominee of the youth sector. Romuald Padilla (Civil Law). Joy Inductivo (VC-Finance). That religious sector may not be represented in the party-list system. whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes. (b) a registered voter. or a project organized or an entity funded or assisted by. Yolanda Tolentino(VC-Acads). g. organization or coalition must represent the marginalized and underrepresented groups identified in Sec. (c) a resident of the Philippines for a period of not less than one year immediately preceding the day of the election. (e) a bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election. it is a foreign party or organization. it has ceased to exist for at least one (1) year. 2. the party. organization or coalition shall be valid except for those registered under the party-list system provided in the Constitution. Mark David Martinez (Criminal Law). sector. the party or organization must not be an adjunct of. Jennifer Ang (VC. 3. ✍ political parties registered under party-list system shall be entitled to appoint poll watchers in accordance with law. The political party. Jinky Ann Uy (Remedial Law). or h. Charmaine Torres (Taxation Law). rules or regulation relating to elections. ✍ no votes cast in favor of political party. and (f) at least 25 years of age on the day of the election. it is receiving support from any foreign government. c. foreign political party. 5. it advocates violence or unlawful means to seek its goals. and ✍ part-list representatives shall constitute 20% of total number of representatives in the House. d. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Guidelines for screening party-list participants 1. RA 7941 as follows: “No person shall be nominated as party-list representative unless he is: (a) natural-born citizen of the Philippines. he must at least be twenty five (25) but not more than thirty (30) years of age on the day of the election. Thus. Ronald Jalmanzar (Over-all Vice Chair).

and e. Ma. v. Russel Tacla. TV and Radio) NATIONAL POSITIONS 1. convicted by final judgment for subversion. the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. any person who is permanent resident of or immigrant to a foreign country. 2. while lacking the a well-defined political constituency. Hazel Manaog. Fred Prieto. COMELEC. 2. III. b. to put election process in mockery or disrepute. d. by other circumstances or acts which demonstrate that a candidate has no bona fide intention to run for office for which certificate has been filed. 2.San Beda College of Law 73 M EMORY A ID IN P OLITICAL L AW youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his terms”. 7. 2002) Nuisance Candidate COMELEC may motu propio or upon petition of interested party. width by 14 in. campaign period. 4. Posters (not exceeding 2 x 3 ft. Handwritten/printed letters 3. magazine or other publication during the campaign period 5. (Ang Bagong Bayani-OFW Labor Party. 3. 2001). refuse to give due course to or cancel certificate of candidacy if shown that said certificate was filed: 1. December 10. so also must its nominees. GR No. 150605. allowed in announcing. To do so would amount to disenfranchising the electorate in whom sovereignty resides. the votes cast in his favor cannot be declared stray. June 26. Barbara Jill Clara. 147589. rebellion or any offense for which he has been sentenced to a penalty of 18 months imprisonment. Written/Printed Materials (does not exceed 8 ½ in. Jose De Venecia. Print Ads ✍ ¼ page in broadsheets and ½ page in tabloids thrice a week per newspaper. No. 2. election offenses. DISQUALIFICATION OF CANDIDATES: 1. Broadcast Media (i. regulation of propaganda through mass media. Jenery Perez. 8.e. not only the candidate party or organization must represent marginalized and underrepresented sectors. – LOCAL POSITIONS 60 minutes for TV 90 minutes for Radio  CHAIRPERSON: Jonathan Mangundayao  ASST. Christopher Linag. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. IV. Ryan Co. declared as incompetent or insane by competent authority. Beatriz Geronilla.When a candidate has not yet been disqualified by final judgment during the election day and was voted for. Bethany Conde. removal. to cause confusion among voters by similarity of names of registered candidates.R. Joy Zabala .) ✍ 3 by 8 ft. one who has violated provisions on: a. Mark Anthony Bayquen. FAIR ELECTIONS ACT OF 2001 (RA 9006) Lawful election Propaganda (sec. length) 2. may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally.Melissa Yoro. insurrection. 3. . prohibited forms of propaganda. c. and thus prevent a faithful determination of true will of electorate. convicted by final judgment for crime involving moral turpitude. Ian Camara. at the site and on the occasion of a public meeting or rally. 120 minutes for TV 180 minutes for Radio 1. Mary Ann Charisma Gutierrez. (Codilla vs. 3): 1. Carlo Bautista. destruction of lawful election propaganda. 4. G. Hon. Leah Merida. and 5.

cinematograph or documentary portraying the life or biography of a candidate during campaign period. Garny Luisa Alegre (Commercial Law).Secretariat). G. For this purpose. Public exhibition of movie. and AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). Illegal composition or proceedings of the board of Canvassers. Yolanda Tolentino(VC-Acads). • It is a direct and total suppression of a category of expression even though such suppression is only for a limited period. 3. Francis Benedict Reotutar (Labor Law). Limitation on Expenses: 1. Public exhibition of a movie. or they are obviously manufactured or not authentic. or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sec. Romuald Padilla (Civil Law). contain material defects. 234. Ronald Jalmanzar (Over-all Vice Chair). threat. however. Canvassed election returns are incomplete. Elaine Masukat (VCEDP). this provision shall not apply. for candidates: ✍ President and Vice President = P10/voter. 2001) Substituted and Substitute Candidate . if with party = P3/voter. expression. Election returns were prepared under duress. or intimidation.12) V.234. 2. 2. PRE-PROCLAMATION CONTROVERSY • Any question pertaining to or affecting proceedings of Board of Canvassers which may be raised by any candidate or by a registered political party or coalition of political parties before the board or directly with COMELEC or any matter raised under Sections 233. and 236. Joy Inductivo (VC-Finance). within 30 days after day of election. the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. the official ballots shall provide for spaces where the voters may write the name of the substitute candidates if they are voting for the latter: Provided. Mark David Martinez (Criminal Law). file offices of COMELEC the full. ✍ Other candidates. true and itemized statement of all contribution and expenditures in connection with election. Jennifer Ang (VC. Jinky Ann Uy (Remedial Law).4 of the Fair Election Act prohibiting publication of survey results 15 days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech. Election Survey ✍ The SC held that Sec. 2. custody and appreciation of election returns.(Sec. Jackie Lou Bautista (Legal Ethics) .R. and • the governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. for political parties = P5/voter Statement of Contribution and Expenses ✍ every candidate and treasurer of political party shall. receipt. cinematograph or documentary portrayed by an actor or media personality who is himself a candidate. 5.74 2005 CENTRALIZED BAR OPERATIONS Prohibited Campaign 1. 147571 May 5. if without party = P5/voter. 235. coercion. (Social Weather Station v. appears to be tampered with or falsified. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). No. and the press because: • it imposes a prior restraint on the freedom of expression. Comelec. That if the substitute candidate is of the same family name. Issues which may be raised in a PreProclamation Controversy: 1. transmission. Use of airtime for campaign of a media practitioner who is an official of a party or a member of the campaign staff of a candidate or political party. in relation to preparation.In case of valid substitutions after the officials ballots have been printed. 233.235 and 236 of BP 881. ✍ Other candidates. 3. Charmaine Torres (Taxation Law).

irregularities. Quo warranto . b. disloyalty to Republic. or b. illegal acts ✍ committed before. When substitute of fraudulent returns in controverted polling places were canvassed. Election – conduct of the polls. Christopher Linag. Municipal . or after casting and counting of votes Time to file: within 10 days from proclamation of results of election. Representative . Original Exclusive Jurisdiction Over Election Contests 1. together with questions concerning composition of Board of Canvassers and authenticity of election returns.COMELEC 5. Hazel Manaog. 2. determination is eligibility of VIII. Leah Merida. Mary Ann Charisma Gutierrez. Purpose: to ascertain true will of people and duly elected officer. President and Vice-President Supreme Court en banc 2. 3. during. Ryan Co. QUO WARRANTO IN ELECTIVE OFFICE 1.HR Electoral Tribunal QUO WARRANTO IN APPOINTIVE OFFICE 1. Barbara Jill Clara. Ma. fraud.RTC 6. Bethany Conde. Mark Anthony Bayquen. For decisions of RTC and MTC ✍ appeal to COMELEC whose decision shall be final and executory.Filed by any registered voter in the constituency Grounds: a. holding of election campaign. c. and this could be achieved by throwing wide open the appeal before the court.San Beda College of Law 75 M EMORY A ID IN P OLITICAL L AW 4. Qualifications – matter which could be raised in a quo warranto proceedings against the proclaimed winner. Contest: any matter involving title or claim of title to an elective office. Election. Grounds: a.Senate Electoral Tribunal 3. Returns – include the canvass of returns and proclamation of winners. and casting and counting of votes. For decisions of COMELEC ✍ petition for review on Certiorari with SC within 30 days from receipt of decision on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process. Regional/Provincial/City . For decisions of Electoral Tribunal ✍ petition for review on Certiorari with SC on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process.May be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same officer. 2. Returns and qualification – refers to all matters affecting validity of the contestee’s title to the position. made before or after proclamation of winner. Actions Which May Be Filed: 1. Carlo Bautista. terrorism. Time to file: within 10 days from proclamation of results of election. Russel Tacla. Beatriz Geronilla. determination is legality of  CHAIRPERSON: Jonathan Mangundayao  ASST. Ian Camara. including the registration of voters. such as his disloyalty to the Republic or his ineligibility or inadequacy of his certificate of candidacy.MTC Appellate Jurisdiction: 1.Melissa Yoro. whether or not contestant is claiming office in dispute. Fred Prieto. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Jenery Perez. ELECTION CONTESTS Nature: special summary proceeding object of which is to expedite settlement of controversies between candidates as to who received majority of legal votes. Election Protest . 4. Barangay . the results of which materially affected the standing of the aggrieved candidate/s. ineligibility. Joy Zabala . or d. Senator .

Joy Inductivo (VC-Finance). or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election. group or community who solicits or receives. 2003) Vote-Buying and Vote-Selling (1) Any person who gives. ELECTION OFFENSES (2) Any person.76 2005 CENTRALIZED BAR OPERATIONS 2. or makes or offers to make an expenditure. directly or indirectly. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).P. Tagle. Hon.R. offers or promises money or anything of value. court cannot declare 2nd placer as elected. Yolanda Tolentino(VC-Acads). public or private. G. Elaine Masukat (VCEDP). Jinky Ann Uy (Remedial Law). Mark David Martinez (Criminal Law). Jennifer Ang (VC. franchise or grant. any expenditure or promise of any office or employment. 261. corporation. Jackie Lou Bautista (Legal Ethics) . Garny Luisa Alegre (Commercial Law). (Sec. elected is declared ineligible. gives or promises any office or employment. This grant of immunity will encourage the recipient or acceptor to come into the open and denounce the culpritcandidate. for any of the foregoing considerations. 881) One of the effective ways of preventing the commission of vote-buying and of prosecuting those committing it is the grant of immunity from criminal liability in favor of the party (person/s) whose vote was bought. even if eligible appointment court may determine as to who among the parties has legal title to office IX. entity. or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party. association. directly or indirectly. association. February 17. Nos. and will ensure the successful prosecution of the criminal case against the latter. 148948 & 148951. candidate-elect when person 2. or cause an expenditure to be made to any person. corporation.Secretariat). Romuald Padilla (Civil Law). Charmaine Torres (Taxation Law). B. (Comelec vs. Ronald Jalmanzar (Over-all Vice Chair). public or private. Francis Benedict Reotutar (Labor Law). • R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson).

Christopher Linag. Decentralization of Power – involves abdication of political power in favor of LGU’s declared autonomous. to the extent provided in the Local Government Code: a.San Beda College of Law 77 M EMORY A ID IN P OLITICAL L AW LAW ON PUBLIC CORPORATION I. provision on power: liberally interpreted in favor of LGU. 3. general welfare provisions: liberally interpreted to give more powers to LGU’s in accelerating economic development and upgrading quality of life for people in community. 4. in case of doubt. Require all national agencies and offices to conduct periodic consultations with appropriate LGU’s.  CHAIRPERSON: Jonathan Mangundayao  ASST. 3. offices. Mary Ann Charisma Gutierrez. tax exemptions. or c. and 6. Mengelin. b.2. Fred Prieto. Bethany Conde. and 3. Ensure accountability of LGU’s through institution of effective mechanisms of recall. to polarize LGU’s from over dependence on central government and do not make LGU’s mini-republics or imperium in imperia. and other political subdivisions as may be created by law. par. rights and obligations existing on date of effectivity of LGC of 1991 upon various LGU’s to perform specific functions and responsibilities.[Sec. Beatriz Geronilla. agencies of the National Government. 5. Mark Anthony Bayquen. LGC]. municipalities. Devolution – act by which national government confers power and authority Declaration of Policy: 1. 2.(Limbona v. 4. Leah Merida. Joy Zabala . Ryan Co. Local Autonomy – in its constitutional sense. Territorial and subdivisions of State shall enjoy genuine and meaningful local autonomy to enable them to attain fullest development and make them more effective partners in attaining national goals. LOCAL GOVERNMENT CODE OF 1991 (R.A. Russel Tacla. barangays. Ian Camara. all provinces. Hazel Manaog.Melissa Yoro. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. to officials. resolved in favor of devolution of powers. 1992 Scope of Application of Local Government Code: Applicable to: 1. Jenery Perez. 2. Carlo Bautista. Decentralization of Administration – central government delegates administrative powers to political subdivisions in order to broaden base of government power and in process make LGU’s more responsive and accountable and ensure their fullest development as self-reliant communities and make them effective partners in the pursuit of national development and social progress. incentive or relief granted by LGU: construed against person claiming. initiative and referendum. NGO’s and People’s Organizations and other concerned sector of community before any project or program is implemented in their respective jurisdictions. 2. 5. 170 SCRA 786). 7160) Effectivity: January 1.17(e). Barbara Jill Clara. Rules on Interpretation: 1. cities. Ma. ordinance or revenue measure: construed strictly against LGU enacting it and liberally in favor of tax payer.

Municipal corporation – body politic and corporate constituted by incorporation of inhabitants of city or town purposes of local government thereof or as agency of State to assist in civil government of the country. attempt in good faith to organize under it. colorable compliance with law. 3. 2. Garny Luisa Alegre (Commercial Law). Barangay – basic political unit which serves as primary planning and implementing unit of government policies. and serves as dynamic mechanism for developmental processes and effective governance of LGU’s within its territorial jurisdiction. 2. PRIVATE CORPORATION 1. Elaine Masukat (VCEDP). created for private aim.78 2005 CENTRALIZED BAR OPERATIONS and arising out of contracts or any other source of prestation involving LGU. Jennifer Ang (VC. regular and direct services and effective governance of inhabitants within its territorial jurisdiction. formed and organized for the government of a portion of the State. and 6. IV. Ronald Jalmanzar (Over-all Vice Chair). PUBLIC CORPORATION . assumption of corporate powers. Jinky Ann Uy (Remedial Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). valid law authorizing incorporation. programs. Classes of Corporation: 1.Secretariat). gain or benefit of members 4. Yolanda Tolentino(VC-Acads). involuntary consequence legislation III. PUBLIC CORPORATION 1. serves primarily as a general purpose government for coordination and delivery of basic. and as a forum wherein collective views of people may be expressed. resolution of controversies arising under LGC of 1991 where no legal provision or jurisprudence applies. established for purposes of administration of civil and local governments 2. 3. corporate name. and 4. City – composed of more urbanized and developed barangays. inhabitants. Province – cluster of municipalities. projects and activities in community. and AND 3. Jackie Lou Bautista (Legal Ethics) . Quasi-public corporation – private corporation that renders public service or supplies public wants. Elements of Public Corporation: 1. creation of State either by special or general act 3. TERRITORIAL AND POLITICAL SUBDIVISIONS ENJOYING LOCAL AUTONOMY: 1. Mark David Martinez (Criminal Law). created by will of incorporators with recognizance of State 3. resort may be had to customs and traditions in place where controversies take place. 2. voluntary agreement by and among members 5. R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). shall be governed by original terms and conditions of said contracts or law in force at time such rights were vested. II. plans. Charmaine Torres (Taxation Law). Joy Inductivo (VC-Finance). regular and direct services and effective governance of inhabitants within its territorial jurisdiction. Municipality – consisting of group of barangays. DE FACTO MUNICIPAL CORPORATION Requisites: 1. Quasi-corporation – public corporations created as agencies of State for narrow and limited purposes. and 4. crystalized and considered and where disputes may be amicably settled. 2. Romuald Padilla (Civil Law). or municipalities and component cities. 2. legal creation or incorporation. serves as a general purpose government for coordination and delivery of basic. territory. Autonomous Regions – created for decentralization of administration or decentralization of government. Francis Benedict Reotutar (Labor Law).

7160) [Note: see Annex C] Beginning of Corporate Existence • upon election and qualification of its chief executive and majority of members of its Sanggunian. Beatriz Geronilla. 4. only by Act of Congress. For barangays. shall not reduce income. ordinance passed by respective Sanggunian • • Plebiscite Requirement – approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit/s directly affected (Sec. R. 18. of R.A. Leah Merida. municipality or barangay with which LGU sought to be abolished will be incorporated or merged. Express. of R. Assets and liabilities of creation shall be equitably distributed between the LGU’s affected and new LGU. The law or ordinance abolishing LGU shall specify the province.(Municipality of Parañaque v. 10. Plebiscite be held in LGU’s affected. Governmental Powers of LGU: 1. Joy Zabala . equal protection clause. Reclassification of Lands – (Sec. Additional Limitations for Exercise by LGU: a. 2. 2. purpose or welfare for benefit of poor and landless.  CHAIRPERSON: Jonathan Mangundayao  ASST. Delivery of basic services and facilities – (Sec. city or municipality.A. POWERS OF LGUs Classification of Powers of Local Government Units 1. R. exercise by local chief executive pursuant to an ordinance. • Mode of Inquiry to Legal Existence of LGU: Quo warranto which is reserved to State or other direct proceedings Abolition of LGU: ✍ When income. 292 SCRA 678) 5. Russel Tacla.Melissa Yoro. Jenery Perez. c. city. unless some other time is fixed therefore by law or ordinance creating it. Mandatory and directory. b. implied and inherent. provided: 1. R. or land area of LGU has been reduced to less than minimum standards prescribed for its creation. Division and Merger of LGU’s ✍ shall comply with same requirements. 4. Intramural and extramural. and not accepted by owner. of R. population or land area of LGU concerned to less than the minimum requirements prescribed. income classification of original LGU shall not fall below its current income classification prior to division. Bethany Conde. 3. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla.M.A. Ian Camara. must not be contrary to law.San Beda College of Law 79 M EMORY A ID IN P OLITICAL L AW 6. Barbara Jill Clara. Mark Anthony Bayquen. 19. only after valid and definite offer had been made to. 7160). for public use. For province. 3..A. payment of just compensation. Power to generate and apply resources – (Sec. Ryan Co. Mary Ann Charisma Gutierrez. V. 2. Ma. Carlo Bautista. ministerial and discretionary. 7160) statutory grant of police power to LGU’s. Realty Corp. territoriality. Fred Prieto. 2. due process clause. c.A. V.A. Eminent Domain – (Sec. Christopher Linag. 7. 16. and d. Special metropolitan political subdivisions – created for sole purpose of coordination of delivery of basic services. 7160). General Welfare – (Sec. and d. and 4. 3. 20 of RA 7160) Creation of Municipal Corporations 1. 7160). When municipal district of other territorial divisions is converted or fused into a municipality all property rights vested in original territorial organization shall become vested in government of municipality. Hazel Manaog. population. private or proprietary. Public or governmental. It is limited to: a. b. 7160) Based on verifiable indicators of viability and projected capacity to provide services (Sec. 17.

veto communicated to sanggunian within 15 days for province and 10 days for city or municipality. Joy Inductivo (VC-Finance).80 2005 CENTRALIZED BAR OPERATIONS 6. may be overridden by 2/3 vote of all sanggunian members. or ordinance directing payment of money or creating liability. Closure and opening of roads – (Sec. LGU has express.A. Corporate Powers of LGU: 1. 21 of RA 7160) Requisites for validity: a. R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS S UBJECT Maricel Abarentos (Over-all Chairperson). (ii) local chief executive may veto particular item/s of appropriation ordinance. 4. c. or agent. Must comply with formal requirements. b. adoption of local development plan and public investment plan. to have continuous succession in its corporate name. to sue and be sued. Charmaine Torres (Taxation Law). streets. (i) grounds for veto: ordinance is ultra vires or prejudicial to public welfare. 7160) 1. Mark David Martinez (Criminal Law). Elaine Masukat (VCEDP). and f. must not prohibit. Jackie Lou Bautista (Legal Ethics) . 5. must not be partial or discriminatory. may be properly used or conveyed for any purpose for which other real property may be lawfully used or conveyed. must not contravene the Constitution and any statute. local chief executive with his signature on each and every page. for HUC and independent component cities: 15%. Garny Luisa Alegre (Commercial Law). and c. Requisites of valid municipal contracts: a. AND In case of permanent closure: a. 3. must not be unreasonable. In case entered into by local chief executive on behalf of LGU. prior authorization by Sanggunian concerned is needed 6. board. e. Statutory provisions on liability: a. to exercise such other powers as granted to corporation.Secretariat). Must comply with substantive requirements. b. 4859 of RA 7160) Approval of ordinances: a. 24. if local chief executive vetoes the same. 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. Civil Code – defective condition of roads. Jennifer Ang (VC. and e. 2. and (iii) local chief executive may veto an ordinance only once. b. R. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Francis Benedict Reotutar (Labor Law). Local legislative power – (Secs. Jinky Ann Uy (Remedial Law). 7. Yolanda Tolentino(VC-Acads). for component cities and 1st to 3rd class municipalities: 10% . must not be unfair or oppressive. 2189. and b. c. c. b. but may regulate trade. Ronald Jalmanzar (Over-all Vice Chair). or inherent power to enter into a particular contract. Barangay Chairman has no veto power. subject to limitations provided in Local Government Code of 1991 and other laws. Romuald Padilla (Civil Law). d. Limited by following percentage of total agricultural land area: a. provided no freedom park be permanently closed without provisions or transfer to new site. to acquire and convey real or personal property. • VI. for 4th to 6th class municipalities: 5%. Entered into by proper department. committee. to have and use a corporate seal. adequate provision for public safety must be made. implied. power to enter into contracts. Art. d. must be general in application and consistent with public policy.

147 SCRA 447). fugitives from justice in criminal or non-political cases here or abroad. Ma. d. d. Jenery Perez. 6. implies an obligation to do justice with respect to the same (Nachura. 2. Bethany Conde. Punong barangay. Vice Governor. age: a. Beatriz Geronilla. Governor. resident therein for at least 1 year preceding election. Joy Zabala .(Sec. those with dual citizenship. or district where he intends to be elected. province.  CHAIRPERSON: Jonathan Mangundayao  ASST.Melissa Yoro. public buildings. 21 years of age – Mayor or Vice Mayor of ICC’s. b. those convicted by final judgment for violating oath of allegiance to the Republic.San Beda College of Law 81 M EMORY A ID IN P OLITICAL L AW bridges. 2. city. 3. Russel Tacla.). 3. 2. intra vires – liable. d. for a. MANNER OF ELECTION 1. RA 7160) Disqualification of Elective Local Official: 1.) panlalawigan • president of leagues of sanggunian members of component cities and municipalities. Hazel Manaog. 4. Leah Merida. independent of an express contract. component cities or municipalities. registered voter of barangay. proprietary functions – liable c. 23 years of age – Governor. 2180(6th par. Board Member. b. 431) VII. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla.) panlunsod • president of liga ng mga barangay and the pederasyon ng mga SB b. regular members of Sanggunian b. Elected at large a. ultra vires – not liable ✍ Doctrine of Implied Municipal Liability – a municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract (Province of Cebu v. 5. municipality. City or municipal vice-mayor. (Sec. Vice Mayor or Member of City Council for HUC’s.40. Mark Anthony Bayquen. Barbara Jill Clara. IAC. sentenced by final judgment for offense involving moral turpitude or punishable by 1 year or more of imprisonment within 2 after service of sentence. 3. permanent resident in foreign country. 34. Art. p. Mary Ann Charisma Gutierrez. QUALIFICATION OF ELECTIVE LOCAL OFFICIALS: 1. Fred Prieto. Ian Camara. Reviewer in Political Law. 18 years of age – members of ICC or component city or municipal council or punong barangay or member of barangay council. for Violation of Law 4. 39. elected by voters of Katipunan ng Kabataan 2. citizen of the Philippines. the doctrine applies to all cases where money or other property of a party is received under such circumstances that the general law. ex-officio members of Sanggunian (i. and • president of liga ng mga barangay and pederasyon ng mga sanggunian kabataan (ii. Elected by District a. b. Christopher Linag. Civil Code – failure or refusal of a member of the police force to render aid and protection in case of danger to life and property Tort – depends if engaged in: governmental functions – not liable. Mayor. b. Civil Code – acts through a special agent. those removed from office due to administrative cases. Carlo Bautista. City or municipal mayor. at least 15 but not 21 years of age – candidate for sanggunian kabataan. and other public works. and 5. Vice Governor.7160) VIII. Art. 4. insane or feeble-minded. for Contracts – if contract is: a. Ryan Co. able to read and write Filipino or local language or dialect. c. SK chairman. and 7. RA.

IX. urban poor. an elective local official cannot seek immediate reelection for a fourth term. 7. acquisition of . 5. abuse of authority. 2. Any other subsequent election. 154512. unauthorized absence for 15 consecutive working days except sanggunian members. and other sectors allowed by law. Jinky Ann Uy (Remedial Law). Jennifer Ang (VC. like a recall election is no longer covered by the prohibition (Socrates vs. oppression. application for. gross negligence or dereliction of duty. 4. 3. dishonesty. Term of Office: 3 years starting from noon of June 30 next following the election or such date as may be provided by law.82 2005 CENTRALIZED BAR OPERATIONS (iii. Elaine Masukat (VCEDP). The prohibited election refers to the next regular election for the same office following the end of the third consecutive term. Date of Election: Every 3 years on 2nd Monday of May. Mark David Martinez (Criminal Law).Secretariat). 257 SCRA 55) the R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). GROUNDS FOR DISCIPLINARY ACTIONS: 1. No. Charmaine Torres (Taxation Law). unless otherwise provided by law.) • bayan president of liga ng mga barangay and the pederasyon ng mga sanggunian kabataan 3. Consecutive: After three consecutive terms. and 8. misconduct in office. culpable violation of Constitution. Yolanda Tolentino(VC-Acads). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). commission of offense involving moral turpitude or offense punishable by at least prision mayor. November 12. Sectoral representatives – women. Ronald Jalmanzar (Over-all Vice Chair). Francis Benedict Reotutar (Labor Law). Comelec. Jackie Lou Bautista (Legal Ethics) . foreign citizenship or residence or status of an immigrant of another country. 6. worker. 60 of RA 7160 an elective local official may be removed from office on the grounds enumerated above by order of the proper court only (Salalima vs Guingona. except that of elective barangay officials. Garny Luisa Alegre (Commercial Law). 2002). disloyalty to the Republic. G. Joy Inductivo (VC-Finance). such other grounds as may be provided in EC and other laws • Under Sec.R. Romuald Padilla (Civil Law). for maximum of 3 consecutive terms in same position.

Ryan Co. Joy Zabala . Barbara Jill Clara. Russel Tacla. Bethany Conde. Fred Prieto. Hazel Manaog. Carlo Bautista. Christopher Linag. Mary Ann Charisma Gutierrez. Beatriz Geronilla. Jenery Perez.Melissa Yoro. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Mark Anthony Bayquen. Ian Camara. Ma. Leah Merida.San Beda College of Law 83 M EMORY A ID IN P OLITICAL L AW  CHAIRPERSON: Jonathan Mangundayao  ASST.

Constitution vs. Hernandez. general principle of law. Law of Nature School – based on rules of conduct discoverable by every individual in his own conscience and through application of right reasons. Ronald Jalmanzar (Over-all Vice Chair). 1957) Functions of International Law: 1. Sources of Public International Law: 1. (i) law-making treaty (traiteloi). Jinky Ann Uy (Remedial Law). their relations with each other and. provide for orderly regulation of conduct of states in their mutual dealings. Francis Benedict Reotutar (Labor Law). Jackie Lou Bautista (Legal Ethics) (iii)attended by opinio juris or sense of legal obligation c. in certain circumstances. Basis of International Law 1. social. implied in customary law. b. The treaty is always subject to qualification or amendment by a subsequent law. Romuald Padilla (Civil Law). 2. b. (ii) contract treaty (traitecontract). 3. Mark David Martinez (Criminal Law). Laws of Peace. Elaine Masukat (VCEDP). and the same may never curtail or restrict the scope of the police power of the State. Eclectic or Groatian School – a compromise between the first 2 schools and submits that international law is binding partly because it is good and right and partly because states agreed to be bound by it. MUNICIPAL LAW Law of subordination (issued by political superior) Regulates relations of individuals among themselves or with their own states 2. their relations with persons. ensure international cooperation in pursuit of certain common purposes of economic. GR no.Secretariat). or humanitarian character. Joy Inductivo (VC-Finance). international customs. Jennifer Ang (VC.Law that deals with the conduct of States and international organizations. Primary – a. Laws of Neutrality. and c. foster friendly relations among nations and discourage use of force in resolution of difference among them. R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT . Positivist School – agreement of sovereign states to be bound by it (express in conventional law. Requisites: (i)Prevailing practice by a number of states. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Treaty Generally. the treaty is rejected in the local forum but is upheld by international tribunals as a demandable obligation of the signatories under the maxim pacta sunt servanda. and 4. cultural. INTERNATIONAL LAW 1. 3. and presumed in general principles). 2. (Ichong v. Judicial decisions. Law of coordination Regulates relation of states and other international persons 1. Charmaine Torres (Taxation Law).L-7995. 2. 2. Subsidiary – a. promote international peace and security. Advisory Opinions of the ICJ.84 2005 CENTRALIZED BAR OPERATIONS PUBLIC INTERNATIONAL LAW I. Laws of War. 3. 2. (ii)repeated over a considerable period of time and. PUBLIC INTERNATIONAL LAW . writings of publicists. Garny Luisa Alegre (Commercial Law). May 31. international treaties and conventions. natural or juridical (American Third Restatement) Main Divisions: 1. C HAIRPERSONS Maricel Abarentos (Over-all Chairperson). Yolanda Tolentino(VC-Acads).

and to lesser extent executive orders and judicial pronouncements 4. II. Principal Purposes of UN 1. Belligerent Communities. Beatriz Geronilla. and Individuals. 3. must accept obligations of member-states contained in Charter. Russel Tacla. Classification of functions: deliberative. 8. The United Nations. Resolved thru state-to-state transactions 4. Fred Prieto. Derived principally from treaties. 2. 2. When recognized. Bethany Conde. 2.Melissa Yoro. international customs and general principles of law 3. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. independent and dependent. financial. Economic and Social Council – exerts efforts towards higher standards of living. elective.San Beda College of Law 85 M EMORY A ID IN P OLITICAL L AW against legitimate government. Principal Organs of UN: 1. Belligerent Community – group of rebels under an organized civil government who have taken up arms  CHAIRPERSON: Jonathan Mangundayao  ASST. Collective responsibility because it attaches directly to the state and not to its nationals 5. 4. The Vatican. must be able and willing to carry out such obligation. includes: 1. Leah Merida. Ryan Co. supervisory. Mark Anthony Bayquen. 3. States. Christopher Linag. Art. 2. (Sec. Develop friendly relations among nations. General Assembly – central organ where all members are represented. health and related problems. Redressed thru local administrative and judicial processes Breach of which entails individual responsibility 5. 3. Security Council – organ responsible for maintenance of peace and security. Mary Ann Charisma Gutierrez. United Nations – international organization created at San Francisco Conference held in the US from April 25 to June 26. universal respect for and observance of human rights and fundamental freedoms. Center for harmonizing actions of nations for attainment of these common goals. Doctrine of incorporation – international law are adopted as part of a state’s municipal law. considered as a separate state for purposes of conflict and entitled to all rights and subjected to all obligations of a fullpledged belligerent under laws of war. Joy Zabala . 5.entity that has rights and responsibilities under international law and having capacity to maintain its rights by bringing international claims. 6. Consists mainly of statutory enactments. 1987 Constitution) Doctrine of transformation – requires the enactment by the legislative body of such international law principles as are sought to be part of municipal law. by a general provision or clause usually in its Constitution. Maintain international peace and security. Ma. 3. 3. and 4. undertake preventive and enforcement actions. Carlo Bautista. 2. Jenery Perez. 1945. Qualifications for Membership: 1. International administrative Bodies. Mandates and trust territories. II. social. 1945. constituent. solutions of international economic. Hazel Manaog. SUBJECTS OF INTERNATIONAL LAW: . Ian Camara. UN succeeded the League of Nations and is governed by a charter that came into force on October 24. to a certain extent. must be state. 7. Achieve international cooperation: and 4. must be peace loving. Barbara Jill Clara. Colonies and dependencies.

86 2005 CENTRALIZED BAR OPERATIONS is the act of recognition that constitutes the entity into an international person. Constitutive . and 2. Jackie Lou Bautista (Legal Ethics) . Extinction of State: ( MA2D2EP) 1. Diplomatic relations. Joy Inductivo (VC-Finance). 3. nature or extent of the reparation to be made for the breach of an international obligation. International Court of Justice – judicial organ of UN. 2. 2. Right to possession of properties of predecessor on the reorganizing state. Charmaine Torres (Taxation Law). Right to sue in courts of recognizing state. State – generally held to be irrevocable and imports the recognition of its govt. conditional or permanent Effects of Recognition of a State or Government: 1. Trusteeship Council – organ charged with administration of International Trusteeship System (idle council). living together in a fixed territory. World Court governed by Statute which is annexed to and made part of UN charter. Romuald Padilla (Civil Law). Discretionary and political. by Revolution (USA). Secretariat – chief administrative organ of UN. Kinds: 1. 2. c. 4. Government – may be withdrawn and does not necessarily signify the existence of a state. Yolanda Tolentino(VC-Acads). 6. Dissolution of federal union. 7. by Unification of several states (Italy). Jennifer Ang (VC. RECOGNITION • act by which a state acknowledges existence of another state. question of international law. Attainment of civilization (Japan). d. 3. Dismemberment. 5. 5. existence of fact constituting a breach of international obligation. Jinky Ann Uy (Remedial Law). Belligerent community – rebels are accorded international personality only in connection with the hostilities they are waging. Garny Luisa Alegre (Commercial Law). Emigration en masse of its population. may be compelled once the elements of a state are established. Partial loss of independence C HAIRPERSONS Principle of State Continuity – the state continues as a juristic being notwithstanding changes in its circumstances provided only that such change do not result in the loss of any of its essential elements III. 5. Theories: 1. Objects: 1. a. Elaine Masukat (VCEDP). express or implied. 3. Ronald Jalmanzar (Over-all Vice Chair).by peaceful acquisition of Independence (Philippines) . AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). b. government or belligerent community and indicates its willingness to deal with the entity as such under rules of international law. Compulsory and Secession (Bangladesh). as the government may be that of a mere colony. Agreement (Netherlands). 3. Mark David Martinez (Criminal Law). Francis Benedict Reotutar (Labor Law). 6. interpretation of treaty. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Merger or unification. 2.Secretariat). 2. State – a group of people. Declaratory – merely affirms an existing fact like the possession by the state of the essential elements. organized for political ends under an independent government and capable of entering into international relations with other states Creation of State: (RUSIA2) 1. Overthrow of government resulting in anarchy. ✍ Jurisdiction: decide issues referred to it (consensual). and 6.

RIGHT TO EXISTENCE AND SELFDEFENSE • most comprehensive as all other rights of state flow from it. 3. Mark Anthony Bayquen. conflict is serious and outcome is uncertain. The government must enjoy popular consent or approval of the people. No substantial resistance to its authority. Sovereignty and Independence. 4. 2. FUNDAMENTAL RIGHTS OF STATES (TILE2) 1. 3. Fred Prieto. Barbara Jill Clara. IV.  CHAIRPERSON: Jonathan Mangundayao  ASST. Hazel Manaog. organized civil government. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. rebels occupy a substantial portion of territory. Carlo Bautista. Wilson/Tobar Doctrine – precludes recognition of government established by revolution. • state may take measures including use of force as may be necessary to counteract any danger to its existence. • absence of one – recognition de facto RECOGNITION DE JURE 1. 2. 5. Russel Tacla. brings about full diplomatic relations 3.San Beda College of Law 87 M EMORY A ID IN P OLITICAL L AW 4. Bethany Conde. Territorial Integrity and jurisdiction. 4. Ian Camara. 2. Equality. RECOGNITION DE FACTO Provisional (duration of armed struggle) does NOT vest title to properties of government abroad limited to certain juridical relations 2. Existence and self-defense. preventing the recognizing state from passing upon their legality in its own courts. civil war. Ryan Co. Jenery Perez. 3. The government must show willingness and ability to discharge its international obligations. Leah Merida. The legitimate government recognizing the rebels as belligerents shall observe laws/customs of war in conducting hostilities. Responsibility for acts of rebels resulting to injury to nationals of recognizing state shall be shifted to rebel government. and 4. All acts of the recognized state or government are validated retroactively. Ma. vests title properties government abroad to of 2. Woodrow Wilson) Stimson Doctrine – precludes recognition of any government established as result of external aggression (US Sec of State Henry Lewis Stimson) Estrada Doctrine – dealing or not dealing with the government established through a political upheaval is not a judgment on the legitimacy of the said government (Mexican Minister Genaro Estrada) Requisites for recognition de jure: 1. Conditions for Recognition of Belligerency: 1. Government is stable and effective. rebels are willing to observe the laws of war. 2. Legation or diplomatic intercourse A. Joy Zabala . Third states recognizing belligerency should maintain neutrality. Mary Ann Charisma Gutierrez.Melissa Yoro. Beatriz Geronilla. 4. Recognition is only provisional and only for purposes of hostilities. 3. 3. • absence of one – state of insurgency Effects of Recognition of Belligerency: 1. Christopher Linag. coup d’etat or other forms of internal violence until the freely elected representatives of people have organized a constitutional government (Ecuadorian Foreign Minister Tobar and US Pres. Relatively permanent 1.

and privileges arising from customary international law. LOSS OF TERRITORY Dereliction Cession Conquest 3. among them are: (i) rivers – which may be (a) national. Territorial sea d. (ii) bays and gulfs (iii) strait b. legal competence. 4. Yolanda Tolentino(VC-Acads). Mark David Martinez (Criminal Law). Charmaine Torres (Taxation Law). Aerial domain MODES OF ACQUIRING TERRITORY 1. Terrestrial – land mass on which the inhabitants live. 2. and not dependent on the consent of another state Independence – means freedom from control by other state or group of states and not freedom from the restrictions that are binding on all states forming the family of nations. RIGHT TO TERRITORIAL INTEGRITY AND JURISDICTION Components of the Territory of A State: 1. armed attack. Discovery and occupation Cession 1. such action shall not in any way affect right of Security Council to take at any time action as it deems necessary to maintain or restore international peace and security.88 2005 CENTRALIZED BAR OPERATIONS Aggression – use of armed force by a state against sovereignty. Loften Islands. 2. and 3.g. e. D. (c) international (iA) Thalweg Doctrine – for boundary rivers. Joy Inductivo (VC-Finance). Requisites for Proper Exercise of Right of Self-defense: 1. Submarine area 3. in the absence of an agreement between the riparian states. 2. 3. Elaine Masukat (VCEDP). Accretion 4. Prescription R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). Garny Luisa Alegre (Commercial Law). the boundary line is middle or center of the bridge. the boundary line is laid on the middle of the main navigable channel. Romuald Padilla (Civil Law). Jinky Ann Uy (Remedial Law). c. self-defensive action taken by attacked state must be reported immediately to Security Council. RIGHT OF EQUALITY • every state is entitled to same protection and respect as are available to other state under rules of international law. e. between and connecting the islands of the archipelago regardless of their breadth and dimensions are to be treated as internal waters Two kinds of archipelago: 1. 2. Norway. Indonesia. B. Prescription 5. 2. Jackie Lou Bautista (Legal Ethics) . carries with it by necessary implication the correlative duty of non-intervention C. Francis Benedict Reotutar (Labor Law).g. or other natural causes 5. coastal – situated close to a mainland and may be considered a part thereof. (b) boundary. RIGHT OF SOVEREIGNTY AND INDEPENDENCE Sovereignty – totality of the powers. Ronald Jalmanzar (Over-all Vice Chair). Maritime and Fluvial a. (iB) Middle of the Bridge Doctrine – where there is a bridge over a boundary river. internal or national waters – bodies of water within the land mass. territorial integrity or political independence of another state or in other manner inconsistent with the UN charter. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Jennifer Ang (VC. Archipelagic waters ARCHIPELAGO DOCTRINE – The waters around.Secretariat). Conquest and subjugation Erosion. mid-ocean – situated in the ocean at such distance from the coasts of firm land.

b. Russel Tacla. Beatriz Geronilla. or to put down traffic coming from. 2.Melissa Yoro. Offenses punishable under Phil laws but not under US laws – Philippine b. freedom to put down traffic originating in state of aircraft. Doctrine of State Immunity. Carlo Bautista. Phil authorities may waive primary jurisdiction over offenses committed by US personnel except cases of particular importance to the Philippines such as violations of the Heinous Crimes Act. Foreign Merchant vessels exercising the right of innocent passage. 3. Leah Merida. Ryan Co.San Beda College of Law 89 M EMORY A ID IN P OLITICAL L AW Bases of Jurisdiction: 1. Mark Anthony Bayquen. Act of State Doctrine – court of one state will not sit in judgment over acts of government of another state done in its territory. ethnic. The authorities of either government may request the authorities of the other government to waive the primary right to exercise jurisdiction in a particular case. racial. treason. Diplomatic Immunity. deliberately inflicting on group conditions of life calculated to bring about its physical destruction in whole or in part. freedom to embark traffic destined for. espionage). Foreign armies passing through or stationed in the territory with the permission of the State. Ian Camara. Offenses punishable under US laws but not under Phil laws. & d above. in whole and in part a national. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. 14. Warships and other public vessels of another State operated for noncommercial purposes. Territorial principle – vests jurisdiction in state where offense was committed (Art. 5. causing serious bodily or mental harm to members of the group. Anti-Drugs Law. Upon request by the US. Rules on Jurisdiction Under the Visiting Forces Agreement 1. 4. Offenses punishable under US laws but not under Phil laws . freedom to embark traffic destined for state of aircraft. genocide). 3. 2. violations of US military laws. Anti-Child Abuse Law. killing members of the group. 6.US 2. 3. 2. Nationality principle – vest jurisdiction in state of offender (Art. 2. and 5. freedom to fly across foreign territory without landing. Doctrine of Hot Pursuit Requisites:  CHAIRPERSON: Jonathan Mangundayao  ASST. 3. Fred Prieto. 15. Universality principle – vest jurisdiction in state which has custody of offender of universal crimes (piracy. c. *in a. Immunity of UN Specialized agencies. Christopher Linag. 7. Bethany Conde. the US Military authorities have primary jurisdiction. tax laws). or religious group by: 1. Ma. other International Organizations. and its Officers. and 5. d. NCC. Mary Ann Charisma Gutierrez. Genocide – acts committed with intent to destroy. Passive personality principle – vests jurisdiction in state of offended party. Hazel Manaog. Concurrent jurisdiction Phil authorities shall have primary right to exercise jurisdiction over all offenses committed by US personnel except: a. NCC). Jenery Perez. 4. Offenses arising out of any act or omission done in performance of official duty. Five Air of Freedoms for Scheduled International Services: 1. 4. third state. forcibly transferring children of the group to another . Protective principle – vest jurisdiction in state whose national interests is injured or national security compromised (counterfeiting. b. 5. Joy Zabala . 4. Offenses solely against the property or security of the US or against the property or person of US personnel. Exemptions from Jurisdiction: 1. freedom to land for non-traffic purposes. c. Barbara Jill Clara. 4. Exclusive jurisdiction over US personnel a. imposing measures intended to prevent births within the group. 3.

4. and 6. Romuald Padilla (Civil Law). representing sending state in receiving state. Ronald Jalmanzar (Over-all Vice Chair). military aircraft. 2. Conducted by warship. Right of official communications. Joy Inductivo (VC-Finance). Exemption from taxation/custom duties. Exterritoriality – exception of persons and property from local jurisdiction on basis of international customs. rank and general character of his mission. state. ascertaining by all lawful means conditions and developments in receiving state and reporting thereon to government of sending state. 2.Secretariat). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). and 6. and 2. cultural and scientific relations. Charmaine Torres (Taxation Law). but acting in his official capacity. 3. territorial sea or contiguous zone of pursuing state. negotiating with government of receiving state. RIGHT OF LEGATION • right of state to maintain diplomatic relations with other states • Governed by the Vienna Convention on Diplomatic Relations (1961) Active right of legation – send diplomatic representatives Passive right of legation – receive diplomatic representatives Agents of Diplomatic Intercourse: 1. Jackie Lou Bautista (Legal Ethics) . Garny Luisa Alegre (Commercial Law). Letre de Creance(Letter of Credence) – with the name. 2. Inviolability of premises and archives.90 2005 CENTRALIZED BAR OPERATIONS 1. foreign secretary of minister. Elaine Masukat (VCEDP). consular agent – usually entrusted with the performance of certain functions by the consul. consul – takes charge of a small district or town or port. members of diplomatic service. Jinky Ann Uy (Remedial Law). 4. Exemption from local jurisdiction. in some cases. to C HAIRPERSONS which the receiving state responds with an informal conformity (agreement). the AND R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE S UBJECT Maricel Abarentos (Over-all Chairperson). head of state. Kinds of Consuls 1. • If the acts giving rise to a suit are those of a foreign government done by its foreign agent. 2. and 4. Ceases as soon as the ship being pursued enters the territorial sea of its own. vice-consul – assists the consul. promoting friendly relations between sending and receiving states and developing their economic. Francis Benedict Reotutar (Labor Law). consules electi – may or not be nationals of sending state and perform consular functions only in addition to their regular callings. Privileges and Immunities Accorded to Diplomatic Envoy: (PCLIST) 1. Jennifer Ang (VC. or of a third. E. Where states resort to an informal inquiry (enquiry) as to the acceptability of a particular envoy. although not necessarily a diplomatic personage. consules missi – professional or career consuls who are nationals of sending state and are required to devote their full-time to discharge their duties. Exemption from subpoena. 5. Personal inviolability. 2. or one exceptionally large consular district. 4. 3. 3. Functions of Diplomatic Missions: 1. consul-general – heads several consular districts. Mark David Martinez (Criminal Law). 5. Ranks: 1. government ships authorized for the purpose. Yolanda Tolentino(VC-Acads). protecting in receiving state interests of sending state and its nationals. Agreation – process in appointment of diplomatic envoy. representing friendly governments at their request. or 3. and a request for favorable reception and full credence. Pursuit commence from internal water. 3. Continuous and unabated.

Mark Anthony Bayquen. and 3. (Municher vs. Pacta Sunt Servanda – “Every treaty in force is binding upon the parties to it and must be performed by them in good faith. has legal force. Jenery Perez. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. 2003) V. Christopher Linag. 3. Exchange of instruments ratification. Concordat – a treaty or agreement between ecclesiastical and civil powers to regulate the relations between the church and the state in those matters which. Ryan Co. Vienna Convention on the Law of Treaties). 142396. terrorism. desistance of parties. convention rules apply to the relations of states as between themselves under international agreement with other subjects as parties. Rebus Sic Stantibus – legal principle which would justify non-performance of treaty obligations where an unforeseen or substantial changes occur which would render one of the parties thereto unable to undertake treaty obligations as stipulated therein. Hazel Manaog. 8.San Beda College of Law 91 M EMORY A ID IN P OLITICAL L AW complaint could be barred by the immunity of the foreign sovereign from suit without its consent. Signature. 3. Lawful subject matter and object. G. genocide.” (Art. Barbara Jill Clara. Literal or textual. Registration with UN. fraud. etc. 1969) Requisites: (SCRAD) 1. 4. Russel Tacla. and 10. 3. 5. mistake or other vices of consent. loss of subject matter. Ratification. Ma. Steps in Treaty-making Process: 1.R. 2. Negotiation. expiration of term. “Teleological aims and school objects” of Doctrine of Unequal Treaties – treaties which have been imposed in an unequal character. Carlo Bautista. Beatriz Geronilla. are void. 2. TREATY An international agreement concluded between states in written form and governed by international law whether embodied in a single instrument or in two or more related instruments (Vienna Convention on the Law of Treaties. accepted and Termination of Treaty: (NEW DEVIL (made) VITAL) ACCOMPLISHMENT 1. e. 3. Interpretation of Treaties 1. 2. Entered into by parties having treaty-making capacity. impossibility of performance. 4. 26.g customs out-lawing slave trade. accomplishment of purpose. and 5. Without attendance of duress. 2. in some respect are under the jurisdiction of both. Most Favored Nation Clause – pledge made by a contracting party to a treaty to grant to other party treatment not less favorable than that which had been given or may be granted to the most favored among parties. novation. Mary Ann Charisma Gutierrez. Fred Prieto. Leah Merida. CA. Through their authorized organs or representatives. convention rules on matters governed by international law independently of convention shall apply. Ratification in accordance with their respective constitutional processes. No.  CHAIRPERSON: Jonathan Mangundayao  ASST. 9. Founding Father Test. and 5. 7. Ian Camara. February 11.Melissa Yoro. outbreak of war. Effect of Unwritten Treaty 1. voidance of treaty. Bethany Conde. extinction of one of parties. if treaty is bipartite. occurrence of vital change of circumstance. Jus Cogens – customary international law that has attained the status of a peremptory norm. Joy Zabala . recognized by the international community of states as a rule from which no derogation is permitted and can be modified only by a subsequent norm having the same character. 6. 2. 4.



Protocol de cloture – an instrument which records the winding up of the proceedings of a diplomatic conference and usually includes a reproduction of the texts of treaties, conventions, recommendations and other acts agreed upon and signed by the plenipotentiaries attending the conference. It is not the treaty itself and does not require the concurrence of the Senate. (Tañada v. Angara, 272 SCRA 18). TREATY
1. Basic political issues ; changes of national policies permanent international agreements 1.

VI . NATIONALITY AND STATELESSNESS Doctrine of Effective Nationality – expressed in Art.5 of the Hague Convention of 1930 on the Conflict of Nationality Laws that states that within a third State a person having more than one nationality shall be treated as if he had only one – either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. (Frivaldo v. Comelec, 174 SCRA 245) Statelessness – condition or status of individual who is born without any nationality or who loses his nationality without retaining or acquiring another. Treatment of Stateless Individual - international conventions provide that stateless individuals are to be treated more or less like the subjects of a foreign state. Reintegration – recovery of nationality by individuals who are natural born citizens of a state, but who lost their nationality. VII . TREATMENT OF ALIENS • Flowing from its right to existence and as an attribute of sovereignty, no State is under obligation to admit aliens. The State can determine in what cases and under what conditions it may admit aliens

adjustment of details carrying out established national policies temporary arrangements


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

Deportation – expulsion of an alien considered undesirable by local state, usually but not necessarily to his own state. Reconduction -- forcible conveying of aliens back to their home state without any formalities A. Doctrine of State Responsibility state may be held liable for injuries and damages sustained by the alien



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

San Beda College of Law
93 M EMORY A ID IN P OLITICAL L AW while in the territory of the state provided: 1. the act or omission constitutes an international delinquency; 2. the act or omission is directly or indirectly imputable to the State; and 3. injury to the claimant State indirectly because of damage to its national. Direct State Responsibility – where the international delinquency was committed by superior government officials or organs like the chief of state or the national legislature, liability will attach immediately as their acts may not be effectively prevented or reversed under the constitution or laws of the state. Indirect State Responsibility – where the offense is committed by inferior government official or by private individuals, the state will be held liable only if, by reason of its indifference in preventing or punishing it, it can be considered to have connived in effect in its commission. International Standard of Justice – the standard of the reasonable state that is, as referring to the ordinary norms of official conduct observed in civilized jurisdiction; thus, to constitute an international delinquency, the treatment of an alien should amount to an outrage, bad faith, willful neglect of duty, and insufficiency of governmental action that every reasonable and impartial man would readily recognize its insufficiency. Calvo Clause – provision frequently inserted in contracts where nationals of another state renounce any claim upon his national state for protection. ✍ But such waiver can be legally made only by alien’s state. B. Refugees Requisites: 1. Those who are outside the country of his nationality or if stateless, outside the country of his habitual residence; 2. Lacks national protection; and 3. Fears persecution. Non-refoulement – prohibits a state to return or expel refugee to the territory where he escaped because his life or freedom is threatened. The state is under obligation to grant temporary asylum. (Refugee Convention of 1951) Diplomatic Asylum – refuge in diplomatic premises Political Asylum - refuge in another state for political offense, danger to life, no assurance of due process. C. Extradition - surrender of a fugitive by one state to another where he is wanted for prosecution or, if already convicted, for punishment. Surrender is made at request of latter state on basis of extradition treaty. General Principles: 1. Based on consent expressed through treaties 2. SPECIALTY- a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in the treaty. 3. NON-LIST TYPE OF TREATY- offenses punishable under the laws of both states by imprisonment of one year or more are included among the extraditable offenses. 4. Any person may be extradited; he need not be a citizen of the requesting State 5. Political or religious offenders are generally not subject to extradition • Attentat Clause– assassination of head of state or any member of his family is not regarded as political offense for purposes of extradition. Also for the crime of genocide.

6. offense must have been committed within the territory or against the interest of the demanding State 7. double criminality -- act for which the extradition is sought

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



must be punishable in both States Procedure for Extradition (Judicial and diplomatic process of request and surrender) PD 1069 1. Request through diplomatic representative with: a. decision of conviction; b. criminal charge and warrant of arrest; c. recital of facts; d. text of applicable law designating the offense; e. pertinent papers; 2. DFA forwards request to DOJ; 3. DOJ files petition for extradition with RTC; 4. Upon receipt of a petition for extradition and its supporting documents, the judge must study them and make, as soon as possible, a prima facie finding whether (a) they are sufficient in form and substance, (b) they show compliance with the Extradition Treaty and Law, and (c) the person sought is extraditable. At his discretion, the judge may require the submission of further documentation or may personally examine the affiants and witnesses of the petitioner. If, in spite of this study and examination, no prima facie finding is possible, the petition may be dismissed at the discretion of the judge. On the other hand, if the presence of a prima facie case is determined, then the magistrate must immediately issue a warrant for the arrest of the extraditee, who is at the same time summoned to answer the petition and to appear at scheduled summary hearings. • Prior to the issuance of the warrant, the judge must not inform or notify the potential extraditee of the

pendency of the petition, lest the latter be given the opportunity to escape and frustrate the proceedings. The foregoing procedure will “best serve the ends of justice” in extradition cases; (Government of the US vs. Hon. Purganan and Mark Jimenez G.R. No. G.R. No. 148571. September 24, 2002) 5. hearing (provide counsel de officio if necessary); 6. appeal to CA within ten days whose decision shall be final and executory; 7. Decision forwarded to DFA through the DOJ; 8. Individual placed at the disposal of the authorities of requesting state – costs and expenses to be shouldered by requesting state. • A state may not compel another state to extradite a criminal without going through the legal processes provided in the laws of the former. ✍ Due process requirement complied at the RTC level upon filing of petition for extradition. No need to notify the person subject of the extradition process when the application is still with the DFA or DOJ ✍ Extradition is not a criminal proceeding which will call into operation all the rights of an accused provided in the bill of rights ✍ For the provisional arrest of an accused to continue, the formal request for extradition is not required to be filed in court – it only needs to be received by the requested state in accordance with PD 1069

Entitlement to Bail As suggested by the use of the word “conviction,” the constitutional provision on bail, as well as Section 4 of Rule 114 of the Rules of Court, applies only when a person has been arrested and detained for violation of Philippine criminal laws. It does not apply to



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

Negotiation 2. whether such vessels are found in territory of former or in the highseas. bail may be applied for and granted only upon a clear and convincing showing (1) that. and 8. as a matter of reciprocity. Bethany Conde. Severance of diplomatic relations. Exception: after a potential extraditee has been arrested or placed under the custody of the law. time and money. 148571. Conciliation 6. Enquiry 3. 2. Includes: 1. and 4. 2. Joy Zabala . When Intervention is Sanctioned: 1. WAR • armed contention between public forces of states or other belligerent communities implying employment of force between parties for purpose of imposing their respective demands upon each other. once granted bail. when such action is agreed upon in a treaty. humanitarian and compelling circumstances including. Ian Camara. 2. Purganan and Mark Jimenez G. or 4. Christopher Linag. Jenery Perez. 2. Retorsion. Mediation 5. Reprisal – unlawful acts taken by one state in retaliation for also unlawful acts of another state. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla. Mary Ann Charisma Gutierrez. Suspension of treaties. Embargo – detention by state seeking redress of vessels of offending state or its nationals. No. Fred Prieto.San Beda College of Law 95 M EMORY A ID IN P OLITICAL L AW extradition proceedings. Drago Doctrine – intervention not allowed for purpose of making state pay its public debts. Hazel Manaog. Hon. Pacific blockade. Mark Anthony Bayquen. Ryan Co. Carlo Bautista. purpose being to bring offending state to terms. because extradition courts do not render judgments of conviction or acquittal. Occupation of territory. INTERNATIONAL DISPUTE • actual disagreement between states regarding conduct to be taken by one of them for protection or vindication of interest of other. 3. those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein. Basic Principles of War: 1. Leah Merida. the applicant will not be a flight risk or a danger to the community. Tender of Good offices 4. 5. 33 of the UN Charter provides that the parties to any dispute shall first seek a solution through pacific or amicable methods Amicable Methods of Settling Disputes: (JC MARGEN) 1. Barbara Jill Clara. Principle of Humanity – prohibits use of any measure that is not  CHAIRPERSON: Jonathan Mangundayao  ASST. (Government of the US vs. 3.R. Arbitration 7. Resort to regional and international organizations. X. G. Principle of Military necessity – belligerents may employ any amount and kind of force to compel complete submission of enemy with least possible loss of lives. Hostile methods: (SIR2) 1. Intervention. Display of force. Judicial settlement. Intervention – act by which state interferes with domestic or foreign affairs of another state through the use of force or threat of force. Ma. • Art. No. 2002) VIII . Reprisal. as an act of self-defense. Russel Tacla. when decreed by the Security Council as a preventive or enforcement action for the maintenance of international peace and security. 3. 4. Retorsion – retaliation where acts complained of do not constitute legal ground of offense but are rather in nature of unfriendly acts done in pursuance of legitimate state interest but indirectly hurtful to other states. September 24.Melissa Yoro.R. Beatriz Geronilla. and (2) that there exist special. when requested from fellow states or from the United Nations by the parties to a dispute or a state beset by rebellion.

only states may become neutral 4. in case of urgent necessity for purposes of offense or defense neutral property found in its territory. Joy Inductivo (VC-Finance). Ronald Jalmanzar (Over-all Vice Chair). use or destroy. applicable to portion of state Angary – belligerent may upon payment of just compensation. non-privileged. Charmaine Torres (Taxation Law). obtains only 3. NEUTRALITY 1. religious articles. which is free to join either of belligerents any time it sees fit NEUTRALIZATION 1.96 2005 CENTRALIZED BAR OPERATIONS absolutely necessary for purposes of war. Elaine Masukat (VCEDP). Receive food. R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE C HAIRPERSONS AND S UBJECT Maricel Abarentos (Over-all Chairperson). and 3. directly or indirectly in war between other states. Rights of a Prisoner of War: 1. Principle of Chivalry – basis of such rules as those that require belligerents to give proper warning before launching a bombardment or prohibit use of perfidy (treachery) in conduct of hostilities. 3. X. in enemy territory or on high seas. Jinky Ann Uy (Remedial Law). seize. during war 4. dependent on attitude of neutral state. 5. privileged. repatriation for sick and wounded (1949 Geneva Convention) Termination of War: 1. To be treated humanely. 3. 2. result of treaty wherein duration and other conditions are agreed upon by neutralized state and other states governed by neutralization agreement intended operate peace and war to in in 2. conclusion of a negotiated treaty of peace. establishment of an information bureau. 6. proper burial. medicine. Jackie Lou Bautista (Legal Ethics) . 2. 3. Not subject to torture. group according to nationality. Jennifer Ang (VC. 4. 8. 9. Allowed to communicate with their families.Secretariat). Participants in War: 1. Mark David Martinez (Criminal Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Garny Luisa Alegre (Commercial Law). 2. Francis Benedict Reotutar (Labor Law). and 3. Romuald Padilla (Civil Law). NEUTRALITY • condition of state that does not take part. governed by laws of nations 2. bare minimum of information. Yolanda Tolentino(VC-Acads). clothing. b. defeat of one of belligerents. Spies. Combatants a. keep personal belongings 7. simple cessation of hostilities. Mercenaries. 10.

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