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Prepared by: Atty. Larry D. Gacayan

PART I

POLITICAL LAW
1. Define Political Law

It is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. (PEOPLE VS. PERFECTO, 43 Phil. 887) 2. What are Political Law? included in

number of registered voters% of which every legislative district must be represented by at least .- of the registered voter therein./ The Congress shall provide for the implementation of the e&ercise of this right000which means that there must be complete and ade1uate law for the said purpose.. ). *s there a law which would pro&ide for the echanis for the people to propose a end ents to the (onstitution by people%s initiati&e? 2hile Congress had enacted RA 34.5 purportedly to provide the mechanisms for the people6s e&ercise the power to amend the Constitution by people6s initiative% the Supreme Court in MIRIAM DEFENSOR-SANTIAGO, e !l. V". COMELEC, G.R. N#. $%73%&, M!'(h $), $))7 * +,-e $., $))7% the Supreme Court held that RA /73& i" i-(#01le e, i-!2e3,! e #' 4!- i-5 ie""e- i!l e'0" !-2 (#-2i i#-" i-"#6!' !" i-i i! i7e #!0e-20e- " # he C#-" i , i#i" (#-(e'-e2. I " l!(,-!e #- hi" ",8" !- i7e 0! e' !'e 6! !l !-2 (!--# 8e (,'e2 89 :e01#4e'i-5; he COMELEC # 1'#0,l5! e ",(h ',le" !-2 'e5,l! i#-" !" 0!9 8e -e(e""!'9 # (!''9 he 1,'1#"e" #6 hi" !( . ILAM<INO VS. COMELEC, h#4e7e', he S,1'e0e C#,' #- N#7e08e' %$, %../, i- he Mi-, e Re"#l, i##6 he 1e i i#-e'=" M# i#- 6#' Re(#-"i2e'! i#- hel2 h! RA N#. /73& i" !2e3,! e !-2 (#01le e 6#' he 1,'1#"e #6 1'#1#"i-5 !0e-20e- " # he C#-" i , i#h'#,5h 1e#1le=" i-i i! i7e 89 ! 7# e #6 $. 0e08e'" !" 1e' Ce' i6i(! i#- #6 he E- <!-(=" Cle'> #6 C#,' .

 Constitutional aw!  Administrative aw  aw of Public "fficers  aw on Public Corporation  #lection aw 3. What is the doctrine of constitutional supre acy? $nder the doctrine of constitutional supremacy% if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the e&ecutive branch or entered into by private persons for private purposes is null and void and without any force and effect. Thus% since the Constitution is the fundamental% paramount and supreme law of the nation% it is deemed written in every statute and contract. !. What are the re"uisites for the e#ercise of $people%s initiati&e' to a end the (onstitution? It is provided under Section '% Art. ()II of the Constitution which provides that *Amendments to this Constitution may li+ewise be directly proposed by the people through initiative upon a petition of at least ,'- of the total

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Prepared by: Atty. Larry D. Gacayan )-a. .ay the "uestion $Do you appro&e the a end ent of Articles /* and /** of the 1012 Philippine (onstitution chan3in3 the for of 3o&ern ent fro Presidential-4ica eral to Parlia entary-5nica eral' be allowed to be sub itted to the people for their ratification or re6ection as a eans of a endin3 the (onstitution by people%s initiati&e if the re"uisite nu ber of si3natories 7128 nationwide and at least 38 for e&ery le3islati&e district9 are et? N#, 6#' 4# (%) 'e!"#-". ,. The said *proposal/ did not indicate which provisions of Articles )I and )II are actually being amended which is a must under Section '% Art. ()II. "therwise% who shall ma+e the amendments if the people in a plebiscite approve the same! '. Changing the form of government from presidential to parliamentary is an act of R#)ISI78 the Constitution which is not allowed under Art. ()II% Section '. People6s initiative may only be allowed to propose amendments to the Constitution% not revision. :. What are the re"uisites before an a end ent to the (onstitution by $people%s initiati&e' is sufficient in for and in substance? In the case of RA?L L. LAM<INO !-2 ERICO <. A?MENTADO , #5e he' 4i h /,3%7,)&% 'e5i" e'e2 7# e'" 7". T@E COMMISSION ON ELECTIONS, G.R. N#. $74$&3, O( #8e' %&, %../, &.& SCRA $/.% the following re1uisites must be present9 ,. The people must author and must sign the entire proposal. 7o agent or representative can sign for and on their behalf! '. As an initiative upon a petition% T:# PR"P"SA ;$ST <# #;<"=I#= I7 A P#TITI"7. The"e e""e- i!l ele0e- " !'e 1'e"e- #-l9 i6 he 6,ll eA #6 he 1'#1#"e2 !0e-20e- " i" 6i'" "h#4- # he 1e#1le 4h# 4ill eA1'e"" hei' !""e89 "i5-i-5 ",(h (#01le e 1'#1#"!l i- ! 1e i i#-. Thus% an amendment is *=IR#CT > PR"P"S#= <> T:# P#"P # T:R"$8: I7ITIATI)# $P"7 A P#TIIT"7 * "7 > I? T:# P#"P # SI87 "7 A P#TITI"7 T:AT "C7TAI7S T:# ?$ T#(T "? T:# PR"P"S#= A;#7=;#7TS. 2. Distin3uish $;e&ision' fro $a end ent' of the (onstitution. :Re7i"i#-; is the alterations of the different portions of the entire document @ConstitutionA. It may result in the rewriting whether the whole constitution% or the greater portion of it% or perhaps some of its important provisions. <ut whatever results the revision may produce% the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. That intention and plan must contemplate a consideration of all the provisions of the Constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one. :A0e-20e- ; of the Constitution% on the other hand% envisages a change or only a few specific provisions. The intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. The intention rather

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Prepared by: Atty. Larry D. Gacayan is to improve specific parts of the e&isting constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seem obsolete% or dangerous% or misleading in their effect. BSINCO, Vi(e- e, P@ILIPPINE POLITICAL LAW) 1. .ay (on3ress propose a end ents to the (onstitution while at the sa e ti e callin3 for a (onstitutional (on&ention to a end the (onstitution? Yes, there is no prohibition for Congress to propose amendments to the Constitution and at the same time call for the convening of a Constitutional Convention to amend the Constitution. The word “or” in the provision “…Congress, upon a vote of ¾ of all its members !" #$% & constitutional Convention” under 'ection (, &rt. )*++ also means “&,-”. 7G+<=AL>? /?. (+.>L>(@ %$ SCRA 7749 0. What is the $Doctrine of Proper ?ub ission' in connection with proposed a end ents to the (onstitution? “-octrine of Proper 'ubmission” means all the proposed amendments to the Constitution shall be presented to the people for the ratification or re.ection at the same time, not piecemeal. /T!01,T+,! *'. C!2101C, 3( 'C"& 45$6 1A. What is the archipela3ic doctrine or archipela3o theory? It is the 'nd sentence of Section ,% Art. I of the Constitution which states that *the waters around% between and connecting the islands of the archipelago% regardless of their breadth and dimensions% form part of the internal waters of the Philippines./ 11. What are the ele $state'? ents of a

As held in C!001CT!" *'. C&2P!' "71-&, 3$ 'C"& $8, the elements of a state are. ,. people '. territory .. sovereignty C. government 12. Are the two-fold function of 3o&ern ent as enu erated by the ?upre e (ourt in 4A(A<* /?. <A(+(+@ 1AA Phil. !:1 7.inistrant B erely directoryC and (onstituent B.andatoryC Dunctions9 still applicable today? ,o more as held in &CC9& *'. C7:C!, 85 'C"& ;3<. This is due to comple&ities of the changing society% the two0fold function of the government as classified by President 2ilson is no longer relevant as a result of the changing society wherein what are considered merely ministrant functions of the State before are now considered constituent % or vice versa. 13. What Eind of 3o&ern ent was the $A"uino Go&ern ent' after for er President .arcos left .alacanan3 for Fawaii due to the >D?A ;e&olution in Debruary 101:. &s held in +n "e= SAT?RNINO <ERM?DEB, $4& SCRA $/., the same is de Dure. A government formed as a result of a people6s revolution% is considered de Dure if it is already accepted by the family of nations or other countries li+e the $nited States% 8reat <ritain% 8ermany% Eapan% and others. $4. Wh! !'e he h'ee (3) >i-2" #6 2e 6!( # 5#7e'-0e- C

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in P+L*.A 3029 12.. or government de facto in a proper legal sense. . and which is denominated a government of paramount force.*(AL LAW Prepared by: Atty. the three B. BCited in Reagan vs. 7& Phil. c. but onl> with the second and third Binds of de facto governments. occupied during the war with 2eAico.?+<@ 1!3 ?(.*??*+<>.F 1:. What is the postli theory or 6us postli iniu ? iny 2hen a foreign power occupies a state and e&ercises the powers of government% the political laws of the said state are deemed automatically suspended but the former government automatically comes to life and will be in force and in effect again upon the re0establishment of the former government. /?. first b> Parliament and later b> Cromwell as Protector. in 2aine. Its distinguishing characteristics are B. Gacayan As held in CO DIM C@AM VS. Commissioner% P>+PL> /?. VALDEB TAN DE@. BTaylor% International aw% p. or usurps. Larry D. G+=+@ )3 ?(. b> the troops of the 7nited 'tates. 2eAico. What is so&erei3nty li itation'? the doctrine of as $auto In the succinct language of Eelline+% it Gis the property of a state0 force due to which it has the e&clusive capacity of legal self0 determination and self0restriction.6'#0 he eAe'(i"e #6 4h! # he'4i"e i" illi0i !8le (#01e e-(e. 1). is that government that gets possession and control of. b> force or b> the voice of the ma. The second is that which is established and maintained b> militar> forces who invade and occup> a territor> of the enem> in the course of war. What is the $incorporation theory' or the $*ncorporation (lause' of the (onstitution? It is the principle embodied in Section '% Article II of the Constitution which states that *The Phili11i-e" !2#1 " he 5e-e'!ll9 !((e1 e2 1'i-(i1le" #6 <AR OPERATIONS %. 3.A !2: and (+.E A " ! e he-. and Tampico. the rightful legal governments and maintains itself against the will of the latter.E The opinion was at pains to point out though that even then% there is at the most diminution of Durisdictional rights% not its disappearance. which was reduced to ?ritish possession in the war of (@($. as the cases of Castine.+4>.5.orit>. G<ut there is another description of government% called also by publicists a government de facto% but which might% perhaps% be more aptly denominated a government of paramount force. The first. i6 i (h##"e" #. such as the government of 1ngland under the Commonwealth. 0!9 'e6'!i.F +inds of de facto governments are9 a.F% that its e&istence is maintained by active military power with the territories% and against the rightful authority of an established and lawful government! and B'F% that while it e&ists it necessarily be obeyed in civil matters by private citizens who% by acts of obedience rendered in submission to such force% do not become responsible% or wrongdoers% for those acts% though not warranted by the laws of the rightful government. $$3.$% <ARRISTERS= CL?< Page 4 of )3 . &nd the third is that established as an independent government b> the inhabitants of a countr> who rise in insurrection against the parent state of such as the government of the 'outhern Confederac> in revolt not concerned in the present case with the first Bind. b..

Se(.in P+L*. III. ART. 7" R# I8I"$S T#ST S:A <# R#I$IR#= ?"R T:# #(#RCIS# "? CI)I "R P" ITICA RI8:TS. ). 21. %. C. Though Article '' of the )ienna Convention on =iplomatic Relations prohibits rallies within 5HH feet of any foreign embassy% the same shall give way to the constitutional right of the citizens to *peaceably assemble and to petition the government for redress of their grievances/.e'-! i#-!l l!4 !" 1!' #6 he l!4 #6 he l!-2. *s the $separation of church and state' a yth or a reality? It is a reality as shown by the following provisions of the Constitution.$%& SCRA &&3% the Supreme Court held that the constitutional right shall prevail. *n case of conflict between a constitutional ri3ht of a citiGen and a 3enerally accepted principle of international law@ which shall pre&ail? In the case of AG?STIN VS.oin the armed forces because “he does not want to Bill or be Billed” and that “he has no militar> inclination” is not acceptable because it is his obligation to .$% <ARRISTERS= CL?< Page & of )3 . DIRECTOR OF PRISONS. Gacayan i. 10. 7. IG. D?RODA VS.A<@ :: Phil. ED?... Religious denominations and sects shall not be registeredJas political parties. Se(. Phil. <AGATSING. At the option in writing by parents% religion shall be allowed to be taught to their children in elementary and high schools within the regular class hours by instructors designated or approved by religious authorities to which said children belong% without additional cost to the government. %(&). . 7o law shall be made respecting an establishment of religion% or prohibiting the free e&ercise thereof. 7o public money or property shall be appropriated% applied% paid% for the benefit% directly or indirectly% for the use% benefit% or support of any sect% church% denomination or religion% e&cept when such priest% minister. 13. ART. ED?. 88 SCRA $)& AND REFES VS. is assigned to the armed forces% or to any penal institution% or government orphanage or leprosarium. +ALANDONI. .. The free e&ercise and enDoyment of religious profession and worship% without discrimination or preference% shall forever be allowed. %) . 88 SCRA $)&). What are the factors to be considered by the Philippines in dealin3 with other nations? <AR OPERATIONS %. )IF 5. Larry D. LAG.ay a citiGen refuse to render personal ilitary ser&iceHtrainin3 because he does not ha&e ilitary inclination or he does not want to Eill or be Eilled? 7o as held in P>+PL> /?. &. Se(. B7"T#9 Religious organizations are also prohibited ion connection with sectoral representatives under Art.. 3(3F. GIV.. ART. 83 Phil $7$% and AG?STIN VS. VI.oin the armed forces in connection with the “defense of the 'tate” provision of the Constitution. Se(.(%). Charitable institutions% churches% mos1ues% non0profit cemeteriesJ actually% directly and e&clusively used for religious% charitable% or educational purposes shall be e&empt from ta&ation. ART.*(AL LAW Prepared by: Atty. VI. BME+OFF VS. %8 (3). “The appellantCs argument that he does not want to . '.. C. ART. 11. .

22. ?S /%) ($)/))% a law prohibiting the sale of *girlie magazines/ @boldLF is constitutional and does not violate the above provision.#>#R )S. In its relations with other states the paramount consideration shall be @. This is so because parents could buy said magazines for their children if they believe the same is already suitable to the understanding of their child.ay the ?tate re"uire parents to enroll their s all children only to public schools &alid? As held in PIERCE VS.'% Art.'% Art. Gacayan As provided in Section 4 of Art. ($)%&)% a law re1uiring small +ids to be enrolled in public schools only is unconstitutional since it interferes with the right of parents in rearing their children. T:IS IS S" <#CA$S# T:# C:I =R#7 AR# 7"T . NEW FORD. 3). H%I e''i #'i!l i. This is in accordance with this provision which states that the parents have the *natural and primary right in rearing their child for civic efficiencyJ/ 2).A -! i#-!l "#7e'ei5. *s a law prohibitin3 the sale of $3irlie7bold9 a3aGines' to inors &iolates the ri3ht of parents in rearin3 their children for ci&ic efficiency? 7o% as held in the case of GINS<ERG VS. H3I -! i#-!l i. 22. As such% a =ivorce aw to be passed by Congress may or may not be unconstitutional. . 2A=#AF %4. 7#<RASMA% '3H $S '3H B.#R# CR#AT$R#S "? T:# STAT#. *s $di&orce' prohibited by the 1012 Philippine (onstitution? 9 ?ather <ernas opines that the provision of the Constitution BSection . 23. .e'e" . SOCIETF OF SISTERS. 23. 2:. IIIF which provides in part that the *State shall " 'e-5 he.$% <ARRISTERS= CL?< Page / of )3 . II% *the Philippines% consistent with the national interest% adopts and pursues a policy of freedom from nuclear weapons in its territory.the family/ does not ta+e a stand on divorce though it appears that a divorce law would *brea+/ the family instead of *strengthening/ it.e5'i 9. %/8 ?S &$. *s abortion allowed in the Philippines? Section . *s there absolute prohibition for the Philippines to be e"uipped with nuclear weapons? 7o% as stated in Section K% Art.N''F because the child is not a mere creature of the State and the parents have the natural right and duty of rearing their children for civic efficiency. They have the right to choose which school is best suited for the development of their children without interference from the State. Larry D. B7ote9 In the $nited States% abortion is allowed but only up to the ' nd trimester of the pregnancy @R"# vs. Do we practice the free enterprise syste in the Philippines or is it the welfare <AR OPERATIONS %./ As such% if it is consistent with national interest% the same is not prohibited. II prohibits all forms of abortion e&cept *therapeutic abortion/ or when the life of the mother is in danger.9.ay the ?tate prohibit the teachin3 of a particular lan3ua3e in any school? 7o as held in .*(AL LAW Prepared by: Atty. II% The Philippines shall pursue an independent foreign policy. !-2 H4I he 'i5h # "el6-2e e'0i-! i#-.in P+L*.

#. "& . ++ of the Constitution which mandates that the national econom> shall be effectivel> controlled b> 9ilipinosF 7o% said law is constitutional. As held in ACC?A )S. C$8C"% . N% . S#C. What Are the li itations to the (on3ress power to e#ercise le3islati&e power? <AR OPERATIONS %. I7 ?ACT% 8")#R7. (< and $5 . K43'F which allows foreigners to engage in retail trade in C categories is not unconstitutional for alleged violation of Secs. (I of the .ect of an> investigation in connection with their acts in connection with the performance of their duties as suchF 7o.R.ART retailers could come to the Philippines and would MI ?ilipino retailers has no basis because foreign participation in retail business is limited. +s the Trade 0iberaliDation &ct of $55. Such act would violate Section 'K% Art. Gacayan state concept? Distin3uish the two.K55% September '. #(#C.NK4 Constitution% not to mention that such would render nugatory the power of Congress under Section '. It is the welfare0 state concept which is being followed as shown by the constitutional provision on agrarian reform% housing% protection to laborJ B7"T#% however% that the . R"7A =" OA.NK4 Constitution have provisions which provide for *free enterpriseF.5 document% :A)# R#P$=IAT#= laisseD faire Bor the doctrine of free enterpriseF as an economic principle% and although the present Constitution enshrines free enterprise as a policy% it nevertheless reserves to the government the power to intervene whenever necessary to promote the general welfare. <. This is so because under Art. &t. II of the Constitution mandating disclosure of all public transactions involving the public interest.$ which allows foreigners to engage in retail trade in the Philippines violative of 'ecs.in P+L*. $4Eb.#7T "??ICIA S :A)# "7 > A I. As such% free enterprise does not call for the removal of *protective regulations/ for the benefit of the general public. @4. 2a> the PC:: Commissioners refuse to appear before a 'enate Committee conducting alleged irregularities committed b> them while sitting in the ?oard of PG+0C!2'&T.% Art. The said doctrine was reiterated in P:I IPPI7# C"C"7$T =#SICCAT"RS )S.*(AL LAW Prepared by: Atty.% 'H.C.% Art. )I. P:I IPPI7# C"C"7$T A$T:"RIT>% 'K3 SCRA .HN where it was held that the Philippine Constitutions% starting from the . a private firm seHuestered b> the government on account of 1Aecutive !rder . As held by the Supreme Court in R#P.ART and M.$% <ARRISTERS= CL?< Page 7 of )3 .IT#= RI8:T T" PRI)AC>. 7o. ( providing that the> should not be the sub."RA% 8. As such% the claim that as a result of the law% 2A . Larry D. 8"R="7% 5HC SCRA 4HCF 21. . Such act would also violate the *right to information on matters of public concern/ as well as the *public accountability of public officials/ as embodied in Section .N and 'H of Art.H BThe Trade iberalization Act of 'HHH% RA 7o. II which mandates that the national economy shall be effectively controlled by ?ilipinos. 8#RAR=" #SPI7A #T A )S.o.o. BSA<I" )S. $4Ea.H SCRA 3CN “the Philippines never practiced the free enterprise system. (II% Sections 3 and N% it is very clear that the government reserves the power to intervene whenever necessary to promote the general welfare and when the public interest so re1uires.N. The constitutional provisions does not prohibit foreign investments <$T "7 > T" R#8$ AT# T:# SA.

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Prepared by: Atty. Larry D. Gacayan The limitations are9 a. b. c. it cannot pass irrepealable laws principle of separation of powers non0delegability of legislative powers initiative and referendum% and the e&ceptions therefrom% whereby the people can directly propose and enact laws or approve or reDect any act or law or part thereof passed by the Congress of local legislative body after the registration of a petition thereof signed by at least ,H- of the total number of registered voters% of which every legislative district must be represented by at least .- of the registered voters thereof. 3A. What is the co pleteness test? ,he sufficiency of standard test? A?DITOR &/)J As held in PELAEB VS. GENERAL, $& SCRA

20. What are the constitutionally allowed $dele3ation of le3islati&e power' by (on3ress? The permissible delegation of legislative power are. ,) Se(. %3 (%) #6 A' i(le VI B#mergency powers to the President in case of war or other national emergency% for a limited period and subDect to such restrictions as Congress may provide% to e&ercise powers necessary and proper to carry out a declared national policy. $nless sooner withdrawn by Resolution of Congress% such powers shall cease upon the ne&t adDournment thereof. 'F Se(. %8 (%) #6 A' i(le VI. The Congress may by law% authorize the President to fi& within specified limits% and subDect to such limitations and restrictions as it may impose% tariff rates% import and e&port 1uotas% tonnage and wharfage dues% and other duties or imposts within the framewor+ of the national development program of the government. .F =elegation governments to local

BaF (o pleteness ,est simply means that the law must be complete in itself when it left Congress. It must set forth therein the policy to be e&ecuted% carried out or implemented by the delegate which is not given any discretion! and BbF ?ufficiency of ?tandards ,est simply re1uires Congress to fi& a standard% the limits of which are sufficiently determinate or determinable to which the delegate must conform in the performance of his functions. Some of the standards to guide the delegate are general welfare% public interest% etc. 31. *s it constitutional for the (+.>L>( to re"uire candidates for all electi&e offices@ includin3 those for President@ /P@ ?enators and e bers of the Fouse of ;epresentati&es to sub it a (ertification fro a 3o&ern ent-accredited dru3testin3 centers that they are free fro prohibited dru3s before their (ertificate of (andidacy is ad itted? Resolution 7o% the C";# #C is unconstitutional. It

CF =elegation of Rule0ma+ing power to administrative bodies 5F =elegation to the People (Section '% Art. ()II of the Constitution and Section .'% Article )I000The Congress shall% as early as possible% provide for a system of

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Prepared by: Atty. Larry D. Gacayan adds additional 1ualifications for the President% )"P% Senators and ;embers of the :ouse of Representatives not re1uired by the Constitution. BPIMENTEL VS. COMELEC, G.R. N#. $/$/&8, N#7e08e' 3, %..8) 31-a. *s a Dilipino citiGen who beca e a e ber of the 5? Ar ed Dorces and therefore at one ti e a 5? (itiGen considered $natural born' for purposes of co plyin3 with the "ualifications of a e ber of the Fouse of ;epresentati&esL >es as held in A7T"7I" <#78S"7 III )S. :"$S# "? R#PR#S#7TATI)#S # #CT"RA TRI<$7A and T#"="R" CR$O% .54 SCRA 5C5 because Rep. Act 7o. '3.H provides that *Any person who had lost his Philippine Citizenship by rendering service to% or accepting commission in% the Armed ?orces of the $nited States% or after separation from the Armed ?orces of the $nited states% ac1uired $S citizenship% ;A> R#ACI$IR# P:I IPPI7# CITIO#7S:IP <> TAMI78 A7 "AT: "? A #8IA7C# T" T:# R#P$< IC "? T:# P:I IPPI7#S A7= R#8IST#RI78 T:# SA;# 2IT: T:# "CA CI)I R#8ISTR> I7 T:# P AC# 2:#R# :# R#SI=#S "R AST R#SI=#= I7 T:# P:I IPPI7#S. The said "ath of allegiance shall contain a renunciation of any other citizenship./ And he shall still be considered *natural born/ ?ilipino citizen. 32. *f the candidate for (on3ress an is subse"uently dis"ualified for non-co pliance of the residence re"uire ent under Art. /*@ ay the 2nd placer be declared the winner in his place? When ay the 2nd placer be allowed to be declared the winner? It depends. As held in OCAMPO VS. @O?SE ELECTORAL TRI<?NAL !-2 MARIO CRESPO, !.>.!. MARD +IMENEB, +,-e $&, %..4. ,. There must be a final Dudgment dis1ualifying a candidate in order that the votes of a dis1ualified candidate can be considered *stray/. This final Dudgment must be rendered <EFORE T@E ELECTION. (FR. NARDO CAFAT VS. COMELEC, %..7). This was the ruling in the case of C"=I A )S. =# )#7#CIA. :ence% when a candidate has not been dis1ualified by final Dudgment during the election day he was voted for% the votes cast in his favor cannot be declared stray. To do so would amount to disenfranchising the electorate in whom sovereignty resides. The reason behind this is that the people voted for him bona fide and in the honest belief that the candidate was then 1ualified to be the person to whom they would entrust the e&ercise of the powers of government. '. The dis1ualification of a candidate who obtained the highest number of votes AFTER T@E ELECTION does not entitle the second placer to be declared the winner. The said principle was laid down as early as ,N,' and reiterated in the cases of LA<O VS. COMELEC, A<ELLA VS. COMELEC !-2 DOMINO VS. COMELEC. 32-a. *n order to &alidly create an aditional district for (a3ayan de +ro (ity@ ust the law creatin3 it be first sub itted to the people therein in a plebiscite in accordance with ?ection 1A@ Art. I of the 1012 (onstitution? 7o% because the creation of another district when the same is warranted as when there is an

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Prepared by: Atty. Larry D. Gacayan increase of population Dustifying the creation of a new district does not create a new or divide a local government unit. 74AGA45J+ /?. (+.>L>(@ Dece ber 1@ 2AA19 32-b. *s the creation of a fith district in (a arines ?ur by di&idin3 the e#istin3 1st District &alid e&en thou3h it will only ha&e 12A@AAA plus population which is short of 2)A@AAA as re"uired under ?ection ) B3C@ Art. /* of the (onstitution? 7o. The '5H%HHH population re1uirement applies only to ma+e a city entitled to one legislative district or in the creation of a new province% 7"T I7 T:# CR#ATI"7 "? A 7#2 =ISTRICT I7 A7 #(ISTI78 PR")I7C#. B<ENIGNO AK?INO III VS. COMELEC, A1'il 7, %.$.) HDi""e- i-5 O1i-i#- #6 +," i(e C!'1i#J I6 he 0!L#'i 9 ',li-5 i" # 8e 6#ll#4e2, !" l#-5 !" he -e4 2i" 'i( #' 2i" 'i( " 4ill 8e (!'7e2 #, 6'#0 !- eAi" i-5 1'#7i-(e, he-, e7e- !- !'e! 4i h #-l9 %.. i-h!8i !- " !'e !ll#4e2C I !l"# 7i#l! e" he 'e3,i'e0e#6 1'#1#' i#-!l 'e1'e"e- ! i#- !" 4ell !" 8!"e2 #- ,-i6#'0 !-2 1'#5'e""i7e '! i#I 32-c. *s the law creatin3 the new le3islati&e district for .alolos (ity constitutional since the <ational ?tatistics +ffice had pro6ected that it will ha&e a population of 2)!@A3A by 'the year 2A1A'? 7o% there must be '5H%HHH population on or before the ;ay ,H% 'H,H elections. In this case% it was not clear that it has complied with the population re1uirement on election day. 'H,H is up to =ecember of said year. (ALDA<A VS. COMELEC, G.R. N#. $88.78, +!-,!'9 %&, %.$.) 32-d. *n the co putation of party-list representati&es@ is the /eterans Dederation Party &s. (+.>L>( Dor ula or the Pan3aniban Dor ula still applicable? 7o more because it results in a mathematical impossiblity. To strictly comply with it re1uiring at least 'for every sectoral representative to obtain in order to garner , seat would re1uire ,,H- in order that there will be 55 sectoral representatives based on the number of legislative districts at present. Also% the 'H- party0list membership shall be fully filled up. 32-e. *s Dan DernandeG "ualified to run for (on3ress an of the Dirst District of La3una since he is rentin3 an apart ent in ?ta. ;osa@ La3una@ e&en thou3h his residential house is at Pa3san6an@ La3una which is a part of the )th district where he was residin3 before thou3h he resided in that rented apart ent for ore than 1 year before the 2AA2 elections? >es. "wnership of a real property in the place where one runs for Congressman is not re1uired by Section 3% Art. )I of the Constitution. BDAN FERNANDEB VS. @RET, De(e08e' %$, %..)) 33. *n case of &acancy in the ?enate or in the Fouse of ;epresentati&es under ?ection 0 of Article /**@ is it auto atic for the (+.>L>( to hold a special election? 7o% there must be a law passed by Congress appropriating the funds for the said purpose. B 0!I&-& vs. C!2101C, ($5 'C"& 8846 3!. While a .e ber of (on3ress is not allowed to appear as counsel for any party in court or

<AR OPERATIONS %.$%

<ARRISTERS= CL?<

Page $. of )3

>L>( continue to decide a pendin3 dis"ualification petition a3ainst a candidate for the Fouse of . So a member of Congress who is a stoc+holder of the corporation involved in a case is not allowed to appear under the guise that he is appearing as such% not as counsel for the corporation.1I. Larry D.ournalists and reporters as to what the proceedings all about.'.ember in accordance with Section . PAREDES VS. %. 3). )I of the Constitution. RA 3. COMELEC. "nly the :ouse of Representatives #lectoral Tribunal B:R#TF has the Durisdiction to do that being *the sole Dudge of all contests relating to the election% returns and 1ualifications/ of said .'. DE G?BMAN.4% Art. vs.P5 of the members present.ay the (+.e ber. 4$<.epresentati&es after said candidate has been proclai ed? 7o more. Fow about e bers of the Fouse of . the . :owever% if the President of the Philippines% Senate President and the Spea+er of the :ouse of Representatives withdraw their signatures as a result of an anomaly surrounding the printing of the final copy of the bill% then% the Dournal will prevail since what is left is no longer considered an *enrolled bill.in P+L*. P!. Gacayan before ad inistrati&e ay he do so $stocEholder'? bodies@ as a 'upreme Court that The enrolled bill prevails over the Dournal.*(AL LAW Prepared by: Atty. A1'il $. HLIMDAIC@ONG VS. . *'. 4 'C"& 834. :+21. SANDIGAN<AFAN. 83 Phil. *n case of conflict between the entries in a 6ournal of both Fouses of (on3ress and e#traneous e&idence liEe affida&its of witnesses@ which shall pre&ail? &s held in 7.$% <ARRISTERS= CL?< Page $$ of )3 .. it was held b> the <AR OPERATIONS %. $$3 SCRA 3$.)I 31-a. @Eustice Isagani CruzAF 31.$) !11lie" # !ll 5#7e'-0e#66i(e'" !-2 e01l#9ee". 32. *n case of conflict between the 6ournal and the enrolled bill@ which shall pre&ailF +n C&'C! PG+0./ B7"T#% however% that the Dournal prevails over the enrolled bill on all matters re1uired to be entered in the Dournals% li+e yeas and nays on the final reading of a bill or on any 1uestion at the re1uest of .epresentati&e representin3 the party-list 3roups? All 1uestions regarding the 1ualifications of members of the N# !" hel2 iP?FAT 7".ournal prevails over eAtraneous evidence liBe accounts of newspaper .ay a court suspend a e ber of (on3ress when ?ection 1: B3C@ Article /* appears to 3i&e such e#clusi&e power to each Fouse only for disorderly beha&ior@ and with the concurrence of 2H3 of all its e bers@ suspend or e#pel a . A penalty of suspension@ when i posed@ shall ot e#ceed si#ty days? >es% this was the rulings of the Supreme Court in the cases of MIRIAM DEFENSOR !-2 REP. 3:. .#% 7"T E$=ICIA #8IS ATI"7. If the enrolled bill provides that it is urea formaldehyde is the one e&empt from ta&% and not urea and formaldehyde which appears in the Dournal which was really approved% the former prevails and only C$RATI)# #8IS ATI"7 C"$ = C:A78# T:# SA. 2hat could not be done directly could not li+ewise be done indirectly.

%. he 2e e. SEC. Tan. 'uch would be a travest> of . @4 Phil. SINGSON. ET AL.'i-5 he e'0 #6 he 0e08e'" i01#"i-5 "!i2 1e-!l 9 8.!T1= +n Cunanan vs.!'9 $$. )I or during the *1uestion hour/% then the President may validly demand that they must get her consent first because such appearance is =ISCR#TI"7AR>.e2 89 SENATE PRESIDENT FRANDLIN DRILON. Fe8'."e" # !-"4e' ! 3. . Larry D. P*<>DA@ ?epte ber 2:@ 10019 30.ay a co ittee of (on3ress cite a person for conte pt of court for refusin3 to answer its "uestions durin3 in&esti3ations in aid of le3islation? Fow lon3 ay it i prison such witness? As held in &". ED?ARDO <AR OPERATIONS %. De(e08e' %$. HDABA VS.e 1'#(e"" #6 l!4. /4+<D+( /?.in P+L*.e ber@ &oted in fa&or of the other party and a3ainst the candidate of his &ery own party? Jhile as a rule the different political parties ma> change their representatives in the 1lectoral Tribunal or Commission on &ppointments.% Art.i#.epresentati&es >lectoral (o ission who@ in a preli inary &otin3 in a protest case a3ainst an LDP .ay the President &alidly prohibit e bers of the (abinet and those of the e#ecuti&e depart ent fro appearin3 before any (o ittee of (on3ress without her consent? It depends. the membership of the 'enators was onl> “temporar>” so as not to result in the change of membership in the Commission on &ppointments6 31-a. .$% <ARRISTERS= CL?< Page $% of )3 .ay a political party 7LDP9 replace its representati&e in the Fouse of . BA<AFON * PALPARAN VS. )I% such act of the President is unconstitutional for it would violate the oversight powers of Congress and because the appearance of said e&ecutive officers is .ribunals as a result of the chan3es of e bership of the different political parties? Yes +f the changes in the political part> affiliations of the members of Congress is substantial and at the same time permanent so as to dramaticall> increase the membership of one part> while significantl> reducing the other. !A. $)8)I /.e'9 89 he C#00i ee 0!9 8e 2e !i-e2 2. Gacayan different party0list groups are within the e&clusive Durisdiction of the :R#T after their proclamation as such.&I&"1. :A 4i -e"" 4h# 'e6.&70T vs. :owever% if the invitation to appear is based on Section ''% Art. . BSENATE OF T@E P@ILIPPINES. VS.*(AL LAW Prepared by: Atty..A7=AT"R>. EGEC. . It would also violate the right to information on the part of the citizens. eAcept onl> to vote for a part>Emate who is involved in the protest.) 31-b. the number of representatives of the different parties in the Commission on &ppointments ma> also be changed in proportion to their actual memberships.$. it ma> not change a 2ember who completel> heard and participated in a particular case #and has alread> indicated his vote to the members of the tribunal% and replace him with another who has no participation therein. 'e1'e"e. ."h#. If the appearance is due to the power of Congress to investigate in aid of legislation under Section '.l2 -# 8e ## l#-5 !" # 7i#l! e he 4i -e""= 'i5h # 2..!. @RET. $<.ustice.ay (on3ress chan3e the e#istin3 e bership of the (o ission on Appoint ents or >lectoral .

-i(! i#-" 1'i7ile5e . P'e"i2e.i!l 2e(i"i#--0!>i-5 !-2 2eli8e'! i#-" !-2 h! he P'e"i2e8elie7e" "h#.-i(! i#-". The 6i'" is rooted in the constitutional principle of separation of power and the President6s uni1ue constitutional role! the "e(#-2 on common law privilege.l2 8e . Accordingly% they are characterized by mar+ed distinctions.S. . A1'il %.i'e 9. It thus considered presidential communications as *1'e". 'e(#00e-2! i#-" !-2 2eli8e'! i#-" (#01'i"i-5 1!' #6 ! 1'#(e"" 89 4hi(h 5#7e'-0e. The 6#'0e' 1e' !i-" # :(#00. !A-b. N#. $nli+e the 2eli8e'! i7e 1'#(e"" 1'i7ile5e% the 1'e"i2e. Larry D. In 7nited 'tates v.-i(! i#-" 1'i7ile5e is always subDect to greater scrutiny than denial of the 2eli8e'! i7e 1'#(e"" 1'i7ile5e. ie".iAon and postEJatergate cases established the broad contours of the 1'e"i2e. While a . 488 SCRA $) !A-a.0e.he 1'#(e"" #6 "h!1i-5 1#li(ie" !-2 0!>i-5 2e(i"i#-" !-2 # 2# "# i." #' # he' 0! e'i!l" h! 'e6le( 1'e"i2e.. It ruled that there are two B'F +inds of e&ecutive privilege! one is the 1'e"i2e. the $....0e. i7e #66i(i!l". Court recognized a great public interest in preserving : he (#-6i2e.i!l (#00. G. ET AL.i!l. !-2 (#7e'" 6i-!l !-2 1#" 2e(i"i#-!l 0! e'i!l" !" 4ell !" 1'e-2eli8e'! i7e #-e" ./ The privilege is said to be necessary to guarantee the candor of presidential advisors and to provide * he P'e"i2e!-2 h#"e 4h# !""i" hi0N 4i h 6'ee2#0 # eA1l#'e !l e'-! i7e" i.l2 'e0!i.-i(! i#-" 1'i7ile5e and% the other is the 2eli8e'! i7e 1'#(e"" 1'i7ile5e.!l 2e(i"i#-" !-2 1#li(ie" !'e 6#'0.i!li 9. Gacayan ERMITA." i..(#-6i2e.i!l (#00.i!l (#00. Who are co&ered by this rule? The .i!l (#00. The l! e' i-(l./ .S. >#plain the $e#ecuti&e pri&ile3e' doctrine. As a conse1uence% congressional or Dudicial negation of the 1'e"i2e.i!l (#00.! 4!9 0!-9 4#.iAon . Turning on who are the officials covered by the 1'e"i2e.while% the 2eli8e'! i7e 1'#(e"" 1'i7ile5e% to 2e(i"i#-0!>i-5 #6 eAe(.*(AL LAW Prepared by: Atty.=" 5e-e'!liMe2 i./ Apparently% the presumption is founded on the *P'e"i2e.-i(! i#-" 1'i7ile5e applies to 2e(i"i#--0!>i-5 #6 he P'e"i2e. <AR OPERATIONS %.01 i7el9 1'i7ile5e2.l! e2..-i(! i#-" 1'i7ile5e applies # 2#(. %.i!li 9 #6 (#-7e'"! i#-" h! !>e 1l!(e ihe P'e"i2e.R.-i(! i#-" 1'i7ile5e% +n "e= <ARRISTERS= CL?< Page $3 of )3 . /* of the (onstitution@ ay he be co pelled to answer "uestions re3ardin3 his con&ersations with the President on atters sub6ect of the in&esti3ationHin"uiry in aid of le3islation? 7o if the conversations are covered by the *e&ecutive privilege/.$% In +n "e= 'ealed Case .i!l (#00.in P+L*.2e" O!27i"#'9 #1i-i#-".e'e" i(#-6i2e.e ber of the (abinet ay be co pelled to appear before (on3ress under ?ection 21@ Art. 2#(.hei' e.. C the $. $/)77. Court of Appeals delved deeper.=" 1e'6#'0!-(e #6 hi" #66i(i!l 2.-4illi-5 # eA1'e"" eA(e1 1'i7! el9. Distin3uish the $presidential co unications pri&ile3e' and the $deliberati&e process pri&ile3e' which co prise said $e#ecuti&e pri&ile3e'.

e. ?econd@ the communications are *received/ by a close advisor of the President./ The communication must be authored or *solicited and received/ by a close advisor of the President or the President himself. $nder the *operational pro&imity/ test% petitioner can be considered a close advisor% being a member of President Arroyo6s cabinet. Gacayan 'ealed Case confines the privilege only to 2hite :ouse Staff that has :#1e'! i#-!l 1'#Ai0i 9. tested the +n "e= 'ealed Case principles.i!l (#00. +nc. That privilege was% however% found insufficient to Dustify the confidentiality of the C%. This authority of the President to enter into eAecutive agreements without the concurrence of the egislature has traditionally been recognized in Philippine Durisprudence . $sing the above elements% we are convinced that% indeed% the communications elicited by the three B. The Court conceded that functionally those officials were performing a tas+ directly related to the President6s pardon power% but concluded that an organizational test was more appropriate for confining the potentially broad sweep that would result from the +n "e= 'ealed CaseCs functional test. The maDority concluded that% the lesser protections of the deliberative process privilege would suffice.i!l (#00. Simply put% the bases are 1'e"i2e. The above cases% especially% . Larry D.-i(! i#-" 1'i7ile5e.iAon.in P+L*. withheld documents.-i(! i#-" 1'i7ile5e and e&ecutive privilege on matters relating to 2i1l#0!(9 #' 6#'ei5. &nd third% there is no ade1uate showing of a compelling need that would Dustify the limitation of the privilege <AR OPERATIONS %.-i(! i#-" 1'i7ile5e% to wit9 The protected communication must relate to a *1uintessential and non0delegable presidential power. The situation in Kudicial Jatch. Thus% the privilege is meant to encompass only those functions that form the core of presidential authority% involving what the court characterized as *1uintessential and non0delegable Presidential power%/ such as commander0in0chief power% appointment and removal power% the power to grant pardons and reprieves% the sole0authority to receive ambassadors and other public officers% the power to negotiate treaties% etc . somehow provide the elements of 1'e"i2e. -epartment of Kustice .'el! i#-".-i(! i#-" 1'i7ile5e remains a 1ualified privilege that may be overcome by a showing of ade1uate need% such that the information sought *li+ely contains important evidence/ and by the unavailability of the information elsewhere by an appropriate investigating authority . to direct presidential decision0ma+ing. the power to enter into an e&ecutive agreement with other countries. The Dudicial test is that an advisor must be in *operational pro&imity/ with the President.C. Dirst% the communications relate to a *1uintessential and non0delegable power/ of the President% i.$% <ARRISTERS= CL?< Page $4 of )3 . There% while the presidential decision involved is the e&ercise of the President6s pardon power% a non0delegable% core0 presidential function% the =eputy Attorney 8eneral and the Pardon Attorney were deemed to be too remote from the President and his senior 2hite :ouse advisors to be protected.F 1uestions are covered by the 1'e"i2e. v.*(AL LAW Prepared by: Atty.i!l (#00. The 1'e"i2e.i!l (#00. +n "e 'ealed Case and Kudicial Jatch.

-!7!ili-5 i6 i i-7#l7e" he (#00i""i#. Senate <lue Ribbon Committee% 7ov. that *demonstrated% specific need for evidence in 1e-2i-5 ('i0i-!l 'i!l/ outweighs the President6s *generalized interest in confidentiality. . ?urthermore% in .% it was held that *the power of both houses of Congress to conduct in1uiries in aid of legislation is not% absolute or unlimited.iAon . This is the reason why the $. Gacayan and of the . (NOTEJ I. These are functions of the e&ecutive and Dudicial departments of government.1'e0e C#. he ?S S.ibbon (o ittee in connection with its alle3ed in&esti3ation $in aid of le3islation'? >es.#6 ! ('i0e !-2 he'e i" !l'e!29 ! 1e-2i-5 ('i0i-!l (!"e.S. <ut broad as is this power of in1uiry% it is not unlimited.i!li 9 A A A !-2 (#-5'e""i#-!l 2e0!-2" 6#' i-6#'0! i#-.) 2e see no dispute on this.-i(! i#-" 1'i7ile5e in relation to her e&ecutive and policy decision0 ma+ing process and diplomatic secrets. $nli+e in . In this regard% 'enate v. In the present case% #&ecutive Secretary #rmita categorically claims e&ecutive privilege on the grounds of 1'e"i2e.G It follows then that the rights of persons under the <ill of Rights must be respected% including the right to due process and the right not to be compelled to testify against oneQs self./ It stressed that it is :-# (#-(e'-e2 he'e 4i h he 8!l!-(e 8e 4eehe P'e"i2e.eA in which the claim is made./ :owever% the present case6s distinction with the .ay the P(GG (hair an and co issioners refuse to attend in"uiries in ad of le3islation bein3 done by the <AR OPERATIONS %..iAon.=" 5e-e'!liMe2 i.e'e" i. 7or is the Congress a law enforcement or trial agency.'!l "e i-5 or the (#.' hel2 h! i-7#(! i#. Court was 1uic+ to *li0i he "(#1e #6 i " 2e(i"i#-. !1-a. It is settled in 7nited 'tates v. 'H% .iAon% there is a pending criminal proceeding where the information is re1uested and it is the demands of due process of law and the fair administration of criminal Dustice that the information be disclosed. 7o in1uiry is an end in itself! it must be related to and in furtherance of a legitimate tas+ of Congress. There is no general authority to e&pose the private affairs of individuals without Dustification in terms of the functions of Congress. In <engzon% Er. 1rmita stressed that the validity of the claim of e&ecutive privilege depends not only on the ground invo+ed but% also% on the 1'#(e2.ay a person &alidly refuse to honor an in&itation to appear before the ?enate 4lue . the President did not interpose any claim of need to protect military% diplomatic or sensitive national security secrets.#6 :eAe(. . vs.iAon case is very evident.-!7!il!8ili 9 of the information elsewhere by an appropriate investigating authority. !1. As such% if the person invited is already an accused before the Sandiganbayan or facing a case in the "mbudsman in connection with a subDect matter related to the :ouse or Senate in1uiry% then he could validly refuse to attend to said hearing. Investigations conducted solely for the personal aggrandizement of the investigators or to GpunishG those investigated are indefensible. .$% <ARRISTERS= CL?< Page $& of )3 .i!l (#00. GThe rights of persons appearing in or affected by such in1uiries shall be respected. i7e 1'i7ile5e. i" .NN.(#-6i2e. In .iAon% the information here is elicited% not in a criminal proceeding% but in a legislative in1uiry.NiA#-.*(AL LAW Prepared by: Atty. Larry D.in P+L*.

.ay local le3islati&e bodies &alidly cite a person in conte pt of court 7as what (on3ress could do9 for refusin3 to appear therein or to answer the "uestions of the e bers thereof? 7o. Larry D. Proponents of impoundment have invo+ed at least three B.epresentati&es? $nder Section 'C% Art. 1 pro&ides that they should not be "uestioned re3ardin3 their acti&ities as such? 7o% the provision of #&ec. !1-b. SA788$7IA78 PA78 $78S"= "? =$.F principal sources of authority of the President. What are the bills that ust e#clusi&ely ori3inate fro the Fouse of .A authority to impound given to him by Congress% either e&pressly or impliedly! @'A the e&ecutive power drawn from his power as Commander0in0chief! and @. Gacayan ?enate because >#ecuti&e +rder <o. !1-c.ussia? >es. III% Section '. Se('e !'9 #6 Fi-!-(e% the Supreme Court held that the #0)AT aw is constitutional even if the same was the )#RSI"7 which came from the Senate% not from the :ouse of Representatives.)) !2. )I and Section . It violates Section 'K% Art.% the Supreme Court held that such power was not delegated by Congress to local government units.*(AL LAW Prepared by: Atty. 7o. SENATE COMMITTEE ON FOREIGN AFFAIRS. %. . 5% . What $e#ecuti&e i is the so-called pound ent'? It means that although an item of appropriation is not vetoed by the President% he however refuses for whatever reason% to spend funds made possible by Congress. It has the authority on *all matters relating to the relations of the Philippines with all other nations/. II% The right to information under Art.R.$% <ARRISTERS= CL?< Page $/ of )3 .F !3. BDE LA PAB VS.55 SCRA C'. )I% All appropriations% revenue or tariff bills% bills authorizing increase of the public debt% bills of local application% and private bills shall originate e&clusively in the :ouse of representatives% but the Senate may propose or concur with amendments.in P+L*. This is so because the Senate is allowed to *propose amendments/ to bills which must e&clusively originate from the :ouse of Representatives. regarding their privilege not to attend such hearings is unconstitutional.NK4% .% Art.A the <AR OPERATIONS %.% Art. It is the failure to spend or obligate budget authority of any type.. Fe8'. @. (I or the accountability of public officers. When is transfer of appropriations allowed by the (onstitutionL "nly those covered by Section '5 @5A which provides that *7o law shall be passed authorizing any transfer of appropriations! however% the President% the President of the Senate% the Spea+er of the house of Representatives% the Chief Dustice of the Supreme Court% and the heads of the constitutional commissions may% by law% be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. "rder 7o. 4'CN'% 7ov. BNOTEJ In T#le.i-# 7".oscow@ .ay the ?enate (o ittee on Dorei3n Affairs conduct an in&esti3ation of an incident in&ol&in3 ranEin3 e bers of the P<P that tooE place in . In 7#8R"S "RI#7TA II # #CTRIC C""P#RATI)# )S.!'9 $3.A8$#T# CIT>% 8./ !!. .

Prescinding from the foregoing precepts% A" .ay the President refuse to enforce a law on the 3round that in his opinion it is unconstitutional? 7o.STA7TIA #)I=#7C# <#ARI78 . *'. Administrative Power% which is supposed to be e&ercised by the President% is concerned with the wor+ of applying policies and enforcing orders as determined by proper governmental organs.>. !1.*=>D *D><. It enables the President to fi& a uniform standard of administrative efficiency and chec+ the official conduct of his agents.*+< +D A <A. 7o.*+< .><(> ?J?.*+<AL (+. "therwise% he will be violating the doctrine of separation of powers because by doing so% he will be arrogating unto himself the power to interpret the law% not merely to implement it.% 8. It must be in harmony with the law and should be for the sole purpose of implementing the law and carrying out the legislative policy.he President of the Philippines@ by Ad inistrati&e +rder@ andates the $AD+P. 2!!. .esi3nation or per anent disability of for er President >strada? Since both :ouses of Congress had recognized that Arroyo is the President when they passed Resolution *e&pressing their support to the administration of :er #&cellency 8loria . An administrative order is an ordinance issued by the President which relates to specific aspects in the administrative operation of the government. . The subDect of A" .5 SCRA 5H3F !).acapagal Arroyo% President of the Philippines/ which was passed on Eanuary 'C% 'HH.' and appropriatin3 funds therefore?*s this within his $e#ecuti&e power'? 7o as held by the Supreme Court in < AS "P # )S. B0.% .*D*(A. G&""+'!.! another resolution dated Eanuary 'C% <AR OPERATIONS %.acapa3al Arroyo a de 6ure or a de facto President? *f de 6ure@ how did she succeed? .P"RA7#"$S A7= P"ST#RI"R ?ACTS A7= CIRC$..HK involves a subDect that is not appropriate to be covered by an Administrative "rder.$% <ARRISTERS= CL?< Page $7 of )3 .>D>.*(AL LAW Prepared by: Atty.AT#RIA R# #)A7C# T" T:# ISS$#. #7RII$#O% '. !2. *s President Gloria . What is the $totality test' used by the ?upre e (ourt in holdin3 that for er President Koseph >strada resi3ned as President on Kanuary 2A@ 2AA2? T:IS IS T:# T"TA IT> T#ST% T:# T"TA IT> "? PRI"R% C"7T#. 38 Phil. R$<#7 T"RR#S% #T A .in P+L*. Gacayan ?aithful e&ecution clause of the Constitution.'43K5% Euly '.8@6 !:.R. BP:I C"7SA )S.HK therefore is beyond the power of the President to issue and it is a usurpation of legislative power.P5. L C!. 7ote that in this case the SC held that the Countryside =evelopment ?und BC=?F or *Por+ <arrel/ of Congressmen and Senators is C"7STIT$TI"7A because the same is *set aside for Rinfrastructure% purchase of ambulances and computers and other priority proDects and activities% and credit facilities to 1ualified beneficiaries as proposed and identified by said Senators and Congressmen. Larry D.>.'.NNK% the A" establishes a system of identification that is all0encompassing in scope% affects the life and liberty of every ?ilipino citizens and foreign residents and therefore% it is supposed to be a law passed by Congress that implements it% not by an Administrative "rder issued by the President. .

It is a stop0gap measure intended to fill an office for a limited time until the appointment of a permanent occupant to the office. What appoint ents ade by the President shall be the sub6ect of confir ation by the (o ission on Appoint ents? "nly those covered by the . In case of vacancy in an office occupied by an alter ego of the President% such as the office of a department secretary% the President must necessarily appoint an alter ego of her choice as acting secretary before the permanent appointee of her choice could assume office. *e&pressing full support to the assumption into office by )P Arroyo as President of the Philippines/! and the Resolution dated ?ebruary 4% 'HH. EGEC. as )ice President of the Philippines/% her government is de Dure. . Larry D. The essence of an appointment in an acting capacity is its temporary nature. e !l. e !l.. SECRETARF ED?ARDO ERMITA.in P+L*..st sentence of Section . Section .$% <ARRISTERS= CL?< Page $8 of )3 . )II which are the heads of the e&ecutive departments% ambassadors% other public ministers and consuls% or officers of the armed forces from the ran+ of colonel or naval captain% and other officers are vested in him in this Constitution. )1.ay the President aEe te porary appoint ents in&ol&in3 the e bers of the (abinet while (on3ress in session or not in session? Distin3uish ad interi appoint ent and appoint an actin3 capacity. !0.3% Art. )A. There is a need to distinguish ad interim appointments and appointments in an acting capacity. Gacayan 'HH. 2hile both are effective upon acceptance% ad interim appointments are e&tended only during the recess of Congress% whereas acting appointments may be e&tended any time that there is a vacancy. AK?ILINO PIMENTEL. 47% SCRA &87) . . The temporary appointments are valid.F year. The power to appoint is essentially e&ecutive in nature and the legislature may not interfere with the e&ercise of this e&ecutive power e&cept in those instances when the Constitution e&pressly allows it to interfere. Congress% through a law cannot impose on the President the obligation of automatically appointing the $ndersecretary as her alter ego. .oreover% ad interim appointments are submitted to the Commission on Appointments for confirmation or reDection! acting appointments are <AR OPERATIONS %.F year. ent in >es provided the temporary appointments of cabinet members do not e&ceed one B. *confirming President Arroyo6s nomination of Senator Teopisto 8uingona% Er.5% Article )II applies only to temporary appointments to e&ecutive positions when continued vacancies therein will preDudice public service or endanger public safety and not to the Dudiciary. /*** for hi to fill up &acancies in the 6udiciary within 0A days fro the sub ission of the list of no inees by the Kudicial and 4ar (ouncil? 7o.*(AL LAW Prepared by: Atty. BSEN.ay the President aEes appoint ent to &acancies in the 6udiciary within two onths i ediately before the ne#t presidential election and up to the end of his ter ' in order to co ply with the re"uire ent of ?ections ! and 1@ Art. :e must be of the President6s confidence and provided that the temporary appointment does not e&ceed one B.. 7".

$. (ART?RO DE CASTRO VS.) )2..3% Art. %.aria >lena 4autista as Actin3 .ay the President &alidly re"uire all officers and e ployees under the e#ecuti&e depart ent to aintain *D syste s and ha&e *D cards? >es in accordance with her power of control under Section . /** of the (onstitution? >es because the prohibition applies only to the #&ecutive =epartment.. * APRIL %. )II which provides that The President shall have control of all the e&ecutive departments % bureaus and offices. )3.ust the (o issioner of (usto s be sub6ected to confir ation by the (o ission on Appoint ents considerin3 the i portance of his position? 7o because he does not fall under the . ERMITA * MARIA ELENA <A?TISTA. %. (TARROSA VS. SINGSON.st sentence of Section . $))%) )2-d. %)8 SCRA 4.8 is still applicableA )1-b.in P+L*. The same falls under the prohibition on multiple positions of officials in the e&ecutive department under Section .ay the President &alidly appoint the D+. M!9 %&.*(AL LAW Prepared by: Atty.*<A? 7o.A. e2.% Art. Distin3uish it fro power of super&ision. SILVOSA) )!. +<C. BSARMIENTO VS. Fe8'.ay the President appoint a (hief Kustice within the prohibited period under ?ection 1)@ Art. $&/ SCRA &4)) )1-c. .( Assistant ?ecretary . $))4P CALDERON VS. GControlG has been defined as Gthe power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the Dudgment of the former for test of the latter. MARC@ $7. Gacayan not submitted to the Commission on appointments.ana3er of . st sentence of Section . What is the $taEe care power' of the President of the Philippines? It is the power of the President under Section . BDENNIS F?NA VS. @7ote% however% that only five Dustices voted on the issue on whether the President could appoint Dustices and Dudges lower than the Chief Eustice. @e "h!ll e-". Larry D. ?hall the new 4an3Eo ?entral Go&ernor be re"uired to be confir ed by the (o ission on Appoint ents as the law creatin3 it re"uires? 7o. ON T@E MOTION FOR RECONSIDERATION. Acting appointments are a way of temporarily circumventing the need of confirmation by the Commission on Appointments. MISON. . )II of the Constitution.4% <AR OPERATIONS %.4% Art. )II of the Constitution. )II of the Constitution.!'9 $$.$% <ARRISTERS= CL?< Page $) of )3 .ll9 eAe(. . CARALE. )1-a. %. .'e h! he l!4" 8e 6!i h6. Congress could not add to the list of officials subDect of confirmation by the Commission on Appointments under the .$. A1'il %3. (MONDANO VS.$.G GSupervisionG on the other hand means Goverseeing or the power or authority of an officer to see that subordinate officers perform their duties.3% Art. Therefore% the doctrine in IN RE VALENB?EL * IN RE VALLARTA. What is the power of control of the President.

Torres% supra. he. =uring the suspension of the privilege of the writ% any person thus arrested or detained shall be It simply means that *the P'e"i2ei" -# eA1e( e2 # 1e'6#'0 i1e'"#!he 0. i7e Se('e !'9 !( " 6#' !-2 i.A>" $7" )S.' (#-" i . SCRA KN5F. What are the differences between the power of the President to declare artial law or suspend the pri&ile3e of the writ of habeas corpus under the 1012 (onstitution and the pre&ious (onstitutions? $nder the . )).ITA% #T A . +t is the failure to spend or obligate budget authorit> of an> t>pe. i7e !-2 !20i-i" '! i7e 6.'e7e'"e !-9 #'2e' #6 he Se('e !'9 #6 N! . i#-!l "e -. i+ewise% there is a definite period for the said suspension unli+e before and more importantly% the grounds are only invasion and rebellion 2:#7 T:# P$< IC SA?#T> R#I$IR#S IT.'!l Re"#.!. ?-2e' #. however. ><.N% 'HH3 S Eune 'H% 'HH3F <ut not for a national I= system which includes civilians as held in "ple vs..-2i"1.# !66i'0. i7e Se('e !'9 i" !.'(e" !-2 # he' C!8i-e Se('e !'ie". The Supreme Court may review% in an appropriate proceeding filed by any citizen% the sufficiency of the factual basis of the proclamation of martial law or suspension of the privilege of the writ or the e&tension thereof% and must promulgate its decision thereon within . <AR OPERATIONS %. BMI $SA78 ." eAe(.% Inc.$% <ARRISTERS= CL?< Page %. A state of martial law does not suspend the operation of the Constitution% nor supplant the functioning of the civil courts or legislative assemblies% nor authorize the conferment of Durisdiction on military courts and agencies over civilians where civil courts are able to function% nor automatically suspend the privilege of the writ.in P+L*.-( i#-". What is the power of e#ecuti&e i pound ent? +t means that although an item of appropriation is not vetoed b> the President.l i6!'i#. &rt. to spend funds made possible b> Congress. #' e7e.*(AL LAW Prepared by: Atty. vs. Gacayan Art. of )3 .'i"2i( i#. 2here the #&ecutive Secretary acts Gby authority of the PresidentG his decision is that of the President. )). What is the doctrine "ualified political a3ency? of *++ of the Constitution. 7PF*L(+<?A /?. 0#2i69. The suspension of the privilege of the writ shall apply only to persons Dudicially charged for rebellion or offenses inherent in or directly connected with invasion. Previously% such would be considered *political 1uestion/ which is beyond the review powers of the courts. #(% authorit> to impound given b> Congress. B acson0.Aill!'9 .. h#'i 9 #6 he P'e"i2e. e2 L. Larry D.*L5>=@ 23) ?(.NK4 Philippine Constitution% such acts of the President may be reviewed not only by the Supreme Court but also the Congress of the Philippines. Proponents of impoundment have invoBed at least three /86 principal sources of the authorit> of the President on this matter. he EAe(. Pano% '.8eh!l6 #6 he P'e"i2e.% April . The O66i(e #6 he EAe(.A )A:9 ):.-i 4hi(h !""i" " he P'e"i2e.H days from its filing. he h!" . )II of the Constitution.J !-2 89 !. either eApressl> or impliedl> #$% the eAecutive power drawn from his power as the commanderEinEchief and #8% the faithful eAecution clause of the Constitution under 'ection (4. #(#C$TI)# S#CR#TAR> #=$AR=" #R.a. refuses for whatever reason.agallanes Co.1.

$% <ARRISTERS= CL?< Page %$ of )3 .ay the President &alidly declare a ?tate of <ational > er3ency in the Pro&ince of . BBALDF AMPAT?AN VS. When ay the courts still &alidly decide oot and acade ic cases? A moot and academic case is one that ceases to present a Dusticiable controversy by virtue of supervening events% so that a declaration thereon would be of no practical use or value. e Al VS. .K% Article )II of the Constitution% a provision calling on the A?P to prevent or suppress lawless violence% invasion or rebellion. AS PRESIDENT AND COMMANDER-IN-C@IEF. P?NO. the constitutional 1uestion must be raised at the earliest opportunity! and fourth. Courts will decide cases% otherwise moot and academic% if9 <AR OPERATIONS %. i+ewise% the e&ercise of emergency powers% such as the ta+ing over of privately owned public utility or business affected with public interest% is also unconstitutional./% it was held that in declaring a state of national emergency% President Arroyo did not only rely on Section . 8enerally% courts decline Durisdiction over such case or dismiss it on ground of mootness. +.in P+L*. Gacayan Dudicially charged within .st Section of Section . G.. RANDOLF S.K% Art. $7$3)/. %.ay she direct the taEe o&er of business affected with national interest by reason of the $e er3ency' which she herself proclai ed? In the case of PROF. She also relied on Section . )2-a.% Article )I categorically states that *@tAhe legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a :ouse of Representatives. the decision of the constitutional 1uestion must be necessary to the determination of the case itself. %.R. GLORIA MACAPAGAL-ARROFO. )0. Section . What are the re"uisites of 6udicial re&iew? Courts may e&ercise the power of Dudicial review only when the following re1uisites are present9 first. . days% otherwise% he shall be released.4 is unconstitutional insofar as it grants President Arroyo the authority to promulgate *decrees. /* of the (onstitution? >es because calling out the armed forces is within the President6s powers under the . The :0## !-2 !(!2e0i(/ principle is not a magical formula that can automatically dissuade the courts in resolving a case.-e 7. e !l.artial aw nor a state of rebellion nor a state of emergency can Dustify President Arroyo6s e&ercise of legislative power by issuing decrees.H. This re1uires a delegation from Congress. )II of the Constitution.. there must be an actual case or controversy! second. M!9 3.$$) )1.a3uindanao without a law enacted by (on3ress in accordance with ?ection 23 B2C@ Art. N#. .*(AL LAW Prepared by: Atty./ To be sure% neither . petitioners have to raise a 1uestion of unconstitutionality! third.4% Article (II% a provision on the State6s e&traordinary power to ta+e over privately0owned public utility and business affected with public interest. )2./ egislative power is peculiarly within the province of the egislature. Larry D.ay the President under the 1012 (onstitution &alidly issue decrees after declarin3 a state of national e er3ency. DAVID. The Supreme Court ruled that the assailed PP .

'9 !" ! 'e".he 6#'0e'. when constitutional issue raised re1uires formulation of controlling principles to guide the bench% the bar% and the public BP'#7i-(e #6 <! !-5!" 7". . Larry D. N#.i #' he 1!' 9 e. $&)." !i-e2 ! 2i'e( i-L.0e.0.l .l9 %3. :1. What are the tests of locus standi in the PhilippinesL The original was9 @.NN4 Rules of Civil Procedure% as amended.i. %.e'e" (#00#. e2 #' 2e6e-2e2 i. *era% it held that the person who impugns the validity of a statute must have *! 1e'"#-!l !-2 ". #' 4ill ". G. It provides that * e7e'9 !( i#. R#0.l9 %. $/33.he l! e'.. 4%) SCRA 73/F.'9 !" ! 'e". This Court adopted the :2i'e( i-L.8li(.A If the act involves the disbursement of public funds% mere ta&payer has the capacity to sue and 1uestion such act.he ". N#.4. (o ission on >lections@ G.. %. he i" 8.l #6 h! !( i#-. %.l#.%.#6 he 1.8" !. 4%$ SCRA /&/.8&.-2". The distinction was first laid down in ?eauchamp v.R. >#ecuti&e ?ecretary. $4778. N#. Guin3ona@ Kr. The same Court ruled that for a private individual to invo+e the Dudicial power to determine the validity of an e&ecutive or legislative action% he 0.'e2 89 he L. he 1l!i..he (!"e ".." 8e 1'#"e(.i le2 # he !7!il" #6 he ".he -!0e #6 he 'e!l 1!' 9 i. President of the 'enate % 2anila "ace Gorse TrainersC &ssociation v.i. ) :A. I. Define locus standi. 0ocus standi is defined as *a right of appearance in a court of Dustice on a given 1uestion.%. Pe'eM./ Accordingly% the *real0party0in interest/ is * he 1!' 9 4h# " !-2" # 8e 8e-e6i e2 #' i-L. the case is capable of repetition yet evading review BAlbaMa &.8li( (#-(e':owever% to prevent Dust about any person from see+ing Dudicial interference in any official policy or act with which he disagreed with% and thus hinders the activities of governmental agencies engaged in public service% the $nited State Supreme Court laid down the more stringent *2i'e( i-L. %.'9/ e" in 1A Parte 0evitt% later reaffirmed in Tileston v.R.i .4. 3&7 SCRA 7&/)P third.$% <ARRISTERS= CL?< Page %% of )3 . !-2 i i" -# ". N#. +." "h#4 h! he h!" ". Case law in most Durisdictions now allows both *citizen/ and *ta&payer/ standing in public actions..4./ Succinctly put% the plaintiff6s standing is based on his own right to the relief sought. 'ecretar> of <AR OPERATIONS %.R. M!9 $. 7llman..R.# !ll 0e08e'" #6 he 1." !i-e2.R.e'e" ..'e #6 1. e" in our Durisdiction.(h h! he h!" ".8li( 6.250e./ In private suits% standing is governed by the *real0parties0in interest/ rule as contained in Section '% Rule .66i(ieh! he h!" ! 5e-e'!l i. $&%774. +./ The *era doctrine was upheld in a litany of cases% such as% Custodio v.i66 i" !66e( e2 89 he eA1e-2i ." !i2i'e( i-L. 383 SCRA &77. M!9 %7. second% the e&ceptional character of the situation and the paramount public interest is involved (L!("#7".in P+L*. @'A If it does not involve disbursement of public funds% only those who are *directly inDured/ by the said law or contract entered into by the government. there is a grave violation of the Constitution BP'#7i-(e #6 <! !-5!" 7". $348&&. -e la 9uente% Pascual v. he 0e'e i-" '. G. R#0. Acop &.*(AL LAW Prepared by: Atty.'9. 4hile i. 'ilB% where it was held that the plaintiff in a ta&payer6s suit is in a different category from the plaintiff in a citizen6s suit. N#. of the . In People v.$. 43& SCRA )8. Gacayan first.l#F! and fourth. ?anlaEas &.!'9 3. %.@ G.e'e" i.i!l i. Fe8'.

e" i-7#l7e2.*(AL LAW Prepared by: Atty. +nc." 0!9 8e 'el!Ae2./ Pertinent are the following cases9 ($) ChaveD v.2i(i!l 'e7ie4." 8e "e le2 1'#01 l9 !-2 2e6i-i el9 !-2 " !-2i-5 'e3. he C#.'(e" !'e 0! e'" #6 '!-"(e-2e. for le5i"l! #'"% there must be a claim that the official action complained of infringes upon their prerogatives as legislators. Significantly% recent decisions show a certain toughening in the Court6s attitude toward legal standing. &raneta v. This was done in the $)4) E0e'5e-(9 P#4e'" C!"e".in P+L*. for (#-(e'-e2 (i iMe-"% there must be a showing that the issues raised are of transcendental importance which must be settled early! and 5. 9eliA. -inglasan% where the * '!-"(e-2e. for 7# e'"% there must be a showing of obvious interest in the validity of the election law in 1uestion! C.!-2 he e3. Comelec% this Court resolved to pass upon the issues raised due to the *6!'-'e!(hi-5 i01li(! i#-"/ of the petition notwithstanding its categorical statement that petitioner therein had no personality to file the suit. 2orato% the Court ruled that the status of Milosba>an as a people6s organization does not give it the re1uisite personality to 1uestion the validity of the on0line lottery contract% more so where it does not raise any issue of constitutionality.!l i01#' !-(e." !-2 !ll#4 he "."i#. of the )isiting ?orces Agreement! (3) 0im v. Gacayan Public JorBs and &ntiEChinese 0eague of the Philippines v.'!l 'e"#. he (!"e" 0. the cases involve constitutional issues! '. Such liberality was neither a rarity nor accidental./ involves the e&ercise of Congress6 ta&ing or spending powers% it reiterated its ruling in ?agong &l>ansang 2aBaba>an v. In Milosba>an. <y way of summary% the following rules may be culled from the cases decided by this Court. Indeed% there is a chain of cases where this liberal policy has been observed% allowing ordinary citizens% members of Congress% and civic organizations to prosecute actions involving the constitutionality or validity of laws% regulations and rulings.. Thus% the Court has adopted a rule that even where the petitioners have failed to show direct inDury% they have been allowed to sue under the principle of * '!-"(e-2e.$% <ARRISTERS= CL?< Page %3 of )3 . In &Huino v. where the Court ruled that he e-6#'(e0e#6 he (#-" i . for !A1!9e'"% there must be a claim of illegal disbursement of public funds or that the ta& measure is unconstitutional! . <AR OPERATIONS %. Public 1states &uthorit>. 1Aecutive 'ecretar>% while the Court noted that the petitioners may not file suit in their capacity as ta&payers absent a showing that *<ali+atan H'0H.'9 # he 1!' ie" "ee>i-5 L. :owever% being a mere procedural technicality% the re1uirement of locus standi may be waived by the Court in the e&ercise of its discretion.!l i01#' !-(e #6 he i""..' 0!9 'el!A he " !-2i-5 'e3.!l i01#' !-(e 4hi(h (l# he he 1e i i#-e' 4i h locus standiP 72) ?agong &l>ansang 2aBaba>an v.!l i01#' !-(e.i'e0e.i'e0e. Iamora. Iamora. Ta&payers% voters% concerned citizens% and legislators may be accorded standing to sue% provided that the following re1uirements are met9 .i # 1'#"1e' 2e"1i e he l!(> #6 2i'e( i-L. v.!l i01#' !-(e/ of the cases prompted the Court to act liberally. i#-!l 'i5h # i-6#'0! i#. th! i(!"e" #6 '!-"(e-2e. Larry D. wherein the Court held that :5i7ehe '!-"(e-2e.i !8le 2i66.#6 -! .

when the public interest so reHuires. and 'ocial Kustice 'ociet>% the Court declared them to be devoid of standing% e1uating them with the =P in 0acson. In Telecommunications and ?roadcast &ttorne>s of the Philippines. Comelec% the Court reiterated the *direct inDury/ test with respect to concerned citizens6 cases involving constitutional issues. 2hile the President alone can declare a state of national emergency% however% without legislation% he has no power to ta+e over privately0owned public utility or business affected with public interest. /3." i01!i'i-5 hei' le5i"l! i7e 1#4e'". during the emergenc> and under reasonable terms prescribed b> it.*(AL LAW Prepared by: Atty.4% Article )II in the absence of an emergency powers act passed by Congress. v. temporaril> taBe over or direct the operation of an> privatel>Eowned public utilit> or business affected with public interest. Partido 2anggagawa. i+ewise% 4i h#. BSection . (4. What are the li itations of the President%s power of e#ecuti&e cle ency? The same is not available in cases of impeachment as well as violation of election laws% rules and regulations without the favorable recommendation of the Commission on #lections. 3C'% the distinctions are as follows9 @.#6 he e0e'5e-(9 1#4e'" #6 C#-5'e"".N% Art.oreover% it cannot sue as a ta&payer absent any allegation that public funds are being misused. +nc.in P+L*. h. le5i"l! i#-. In 'anlaBas v. What is the $taEe o&er' pro&ision of the (onstitution.". +n times of national emergenc>. . It held that *there must be a showing that the citizen personally suffered some actual or threatened inDury arising from the alleged illegal official act. PereD% the Court ruled that one of the petitioners% 0aban ng -emoBratiBong Pilipino B =PF% is not a real party0in0interest as it had not demonstrated any inDury to itself or to its leaders% members or supporters.'1! i#.4% Article (II % which reads9 'ec.A Pardon is granted by the Chief #&ecutive and as such it is a private act which must be pleaded and proved by the person pardoned% because the courts ta+e no notice thereof! while amnesty by <AR OPERATIONS %. 1Aecutive 'ecretar>% the Court ruled that only the petitioners who are members of Congress have standing to sue% as they claim that the President6s declaration of a state of rebellion i" ! . the President has no power to point out the types of businesses affected with public interest that should be ta+en over. I(0CFF :!. :2./ In 0acson v.$% <ARRISTERS= CL?< Page %4 of )3 . Distin3uish a nesty. The President cannot decide whether e&ceptional circumstances e&ist warranting the ta+e over of privately0owned public utility or business affected with public interest. 7or can he determine when such e&ceptional circumstances have ceased. pardon fro As held in <ARRI"I$I7T" )S. Gacayan . )II and Section 5% Art. In short% the President has no absolute authority to e&ercise all the powers of the State under Section . As to petitioners 'anlaBas.ay the President &alidly e#ercise the sa e? This is Section . ?#R7A7=#O% K' Phil. 7or can it sue as a concerned citizen as it does not allege any specific inDury it has suffered. Larry D. the 'tate ma>.

while amnesty loo+s bac+ward and abolishes and puts into oblivion the offense itself% it so overloo+s and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. <efore one may validly apply for e&ecutive clemency Bpardon or amnestyF he . M#.1'e0e C#.. /$P <.. Larry D. 'e(ei7e 8!(>1!9 6#' l#" e!'-i-5" !-2 8e-e6i ".H/I. h#'i 9.G Thi" 4#.) @CA Pardon is complete with the act of the President while Amnesty is valid only with the concurrence of the maDority of the members of all the members of Congress.3% Revised Penal CodeF. This rule abandoned the contrary ruling in <arrio1uinto vs.Fe8'. .'e <'i55"..ay the power of e#ecuti&e cle ency applied to ad inistrati&e cases liEe the suspension of a Pro&incial Go&ernor? '. &s held in MONSANTO VS.C. N.W &%. P1!P01. %47P I.3P EA 1!' e L!4. :2. <l!l#(>. 3& GA. $$8P 47 S. 4. %8&.i-5 !..'2i(> 7" ?-i e2 S ! e". Thi" 4!" he he S. %)/P S ! e eA 'el A-he. ?ernandez.C.in P+L*. @.. A' i(le VII. It affords no relief for what has been suffered by the offender. 4.IT :A)I78 C".ITT#= T:# ACTS 2:IC: R#S$ T#= I7 :IS I. (!--# 8e e.S..li-5 #6 Fe".. h#. $3& N. 7". %4%.. It ma+es no amends for the past.*(AL LAW Prepared by: Atty.E. 4)7P 7$ S. FACTORAN.#7T. .$ST A=. B"e( i#$.o..F.$% <ARRISTERS= CL?< Page %& of )3 .' i- <AR OPERATIONS %. Gacayan Proclamation of the Chief #&ecutive with the concurrence of Congress% and it is a public act of which the courts should ta+e Dudicial notice. e2.PRIS"7. *s it re"uired for the person applyin3 for a nesty to ad it his 3uilt before his a nesty application be considered? Yes as held in *1"& *'.i le2 # 'ei-" ! e0e. ::.-le"" !11#i. GSince the offense has been established by Dudicial proceedings% that which has been done or suffered while they were in force is presumed to have been rightfully done and Dustly suffered% and no satisfaction for it can be re1uired.A Pardon loo+s forward and relieves the offender from the conse1uences of an offense of which he has been convicted% that is% it abolished or forgives the punishment% and for that reason it does GGnor wor+ the restoration of the rights to hold public office% or the right of suffrage% unless such rights be e&pressly restored by the terms of the pardon%G and it Gin no case e&empts the culprit from the payment of the civil indemnity imposed upon him by the sentenceG article .. :).%. E89.ay a public officer@ who has been 3ranted an absolute pardon by the (hief >#ecuti&e@ entitled to auto atic reinstate ent to her for er position without need of a <ew appoint ent? .5h 1!'2#-e2. C . 7)P &) L!4. 4 'C"& (N$. a pardon loo+s to the future."e'<. 3& S."(h <'e4i-5 A""Q-. .!'9.. 47/. $)8). It does not impose upon the government any obligation to ma+e reparation for what has been suffered. i#-P S ! e 7".4h9 1e i i#-e'. It is not retrospective. Phili11i-e C#-" i . %/7P %7$P %3/ ?. /% N.e2 !5!i89 he !11#i. $7. @'A Pardon is granted to one after conviction Bof ordinary crimesF ! while amnesty is granted to classes of persons or communities who may be guilty of political offenses% generally before or after the institution of the criminal prosecution and sometimes after conviction.l2 eA1l!i.

H days from the end of every 1uarter of the calendar year% submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the government or government owned and controlled corporations which would have the effect of increasing the foreign debt% and containing other matters as may be provided for by law.. $&.epresentati&es? >es if there is allegation of grave abuse of discretion amounting to lac+ or in e&cess of Durisdiction on the part of the :R#T B<"7="C )S. The 4#'2 :(#-7i( i#i.onetary <oard shall% within . ($4 'C"& . What is a political "uestion? +n &02&"+! *'. What are the re"uisites before the President or his representati&es ay &alidly contract or 3uarantee forei3n loans? $nder Section 'H% Art. ?urther% the . As held in Tesoro vs. $))$. EAe(. Se(.onetary <oard! b. )II% the President may contract or guarantee foreign loans on behalf of the Republic of the Philippines subDect to the following conditions9 a. O( . /* of the (onstitution pro&ides that the F. :1. What is 6udicial power? Eudicial power includes the duty of the courts of Dustice to settle actual controversies involving rights which are legally demandable and enforceable% and to determine whether or not there has been a grave abuse of discretion amounting to lac+ or in e&cess of Durisdiction on the part of any branch or instrumentality of the government. 2A.in P+L*.may be used either in a criminal case or in an administrative case.$% <ARRISTERS= CL?< Page %/ of )3 . there must be prior concurrence of the .$). is the $sole 6ud3e' of all contestests in&ol&in3 the election@ returns and "ualifications of the e bers of the Fouse of . PI7#=AF 22. As held in TORRES VS. *s the ere filin3 of a cri inal case a3ainst a recipient of a conditional pardon with the condition Nnot a3ain &iolate any of the penal laws of the Philippines and this condition be &iolated@ he will be proceeded a3ainst in the anner prescribed by lawN sufficient to re&oEe such conditional pardon without first securin3 con&iction a3ainst the 3rantee? >es. $&% SCRA %7%% the determination of whether the conditions of a convict6s pardon had been breached rests e&clusively in the sound Dudgment of the President and that such determination would not be reviewed by the courts.Se( i#. =irector of Prisons% in accepting the terms under which the parole had been granted% Tesoro had in effect agreed that the 8overnor08eneralQs determination Brather than that of the regular courts of lawF that he had breached one of the conditions of his parole by committing adultery while he was conditionally at liberty% was binding and conclusive upon him. . subDect to such limitations as may be provided for by law. it was defined as a 1uestion <AR OPERATIONS %. Gacayan Ll!0!" 7". A' .>.ay 6udicial power be e#ercised by the ?upre e (ourt in cases of decisions of the Fouse of . O'8#". VII #6 he C#-" i . Larry D. :0. 21. &0?&. i#.epresentati&es >lectoral tribunal since ?ection 1:@ Art.*(AL LAW Prepared by: Atty. GONBALES.

( i#-. C". <AR OPERATIONS %.4hi(h he (#-" i .% At. Phil.% political 1uestions was defined as 1uestions which are neatly associated with the wisdom% not the legality of a particular act. 3. 2here the vorte& of the controversy refers to the legality or validity of the contested act% the matter is definitely Dusticiable or non0political.. 2!.e'-! i#-!l #' eAe(.#. !-2 h!8e!" (#'1.# #C% '. SCRA 44C % when the cru& of the problem deals with the wisdom of an act% it is politicalF.'i"2i( i#." !-2 #'2e'" #6 l#4e' (#. )III% the Dudiciary shall enDoy fiscal autonomy and as such appropriations for the Dudiciary may not be reduced by the legislature below the amount appropriated for the previous year and% after approval% shall be automatically and regularly released. What is the e#tent of the fiscal autono y 3ranted to the 6udiciary under the 1012 (onstitution? As provided under Section .".# 4!''!. i7e !5'ee0e.in P+L*. SCRA .*(AL LAW Prepared by: Atty.8li( 0i-i" e'" !-2 (#-".H. 23. In Tanada vs. Also if two B'F divisions of the Supreme Court have conflicting decisions% the same shall be resolved by the Supreme Court en banc. # he' 1.#7e' (!"e" !66e( i-5 !08!""!2#'". !-2 #7e' 1e i i#-" 6#' (e' i#'!'i.% political 1uestion was defined as 1uestions to be answered by the people in their sovereign capacity or in regard to which full discretionary authority is vested to the e&ecutive or legislative branch of the government.250e.l". 1'#hi8i i#-. 0#2i69.i!l 2e('ee.$% <ARRISTERS= CL?< Page %7 of )3 . 1'e"i2e. l!4.!11e!l #' (e' i#'!'i !" he l!4 #' he R. 1'#(l!0! i#-. 2).. i. i#-!li 9 #' 7!li2i 9 #6 !-9 'e! 9. Also% no doctrine or principle of law laid down by the court en banc or in division may be modified or reversed e&cept by the court sitting en banc. "r in 8onzales vs. 'e7i"e.".le" #6 C#. )III% Section 5% t he Supreme Court shall have the following powers9 ($) EAe'(i"e #'i5i-!l L. What are the cases to be decided by the ?upre e (ourt en banc? All cases involving the constitutionality of a treaty% international or e&ecutive agreement% or law% which shall be heard by the Supreme Court en banc% including those involving the constitutionality% application% or operation of presidential decrees% proclamations% orders% instructions% ordinances% and other regulations% shall be decided with the concurrence of a maDority of the members who actually too+ part in the deliberations on the issues in the case and voted thereon. #' !66i'0 #. Gacayan which deals with the necessity% e&pediency and wisdom of a particuar act% the same is political and not Dusticiable In Sanidad vs.' 0!9 1'#7i2e. #'2e'. (%) Re7ie4. ?inally% dismissal of Dudges and disbarment of lawyers are also decided by the Supreme Court en banc. What are the powers of the ?upre e (ourt? As enumerated in Art. 'e7e'"e. 0!-2!0. i-" '.. Cuenco% . Larry D. Comelec% 4. Cases referred to by the division to the banc involving novel 1uestions of law % the same shall be decided by the en banc accepted by the latter. 6i-!l L.' " i-J (!) All (!"e" i.

e" i#.% Art. B3F A11#i."i#1e'1e .'e i.'e #6 "1e(i!l (#.l5! e '.' i" i. What are the 3-fold Dunctions of Kudicial . What is the $operati&e fact doctrine'? It simply means that the declaration of unconstitutionality of a law% treaty% etc.i" i3. i+ewise% as shown by Section 5 @'A BaF% the decision of lower courts declaring a law unconstitutional is subDect to review by the Supreme Court.2i(i!l 8#2ie" "h!ll 'e0!ie66e( i7e .#6 l!4 i" i-7#l7e2.4hi(h #-l9 !e''#' #' 3.8" !. R. he (#-"e. Larry D.'el! i#he'e #P (() All (!"e" i.$% <ARRISTERS= CL?< Page %8 of )3 .i'e.-2e'1'i7ile5e2.' ".' .-le"" 2i"!11'#7e2 89 he S.e5'! e2 <!'.25e" #6 l#4e' (#. S. #' 'e5.!-2 e-6#'(e0e#6 (#-" i . 22.25e (#-(e'-e2.# he 1'!( i(e #6 l!4.#6 he L.'e 6#' he "1ee29 2i"1#"i i#.!ll #66i(i!l" !-2 e01l#9ee" #6 he L. !-2 1'#(e2.e&iew? These are the9 .' " #6 he "!0e 5'!2e.e" i#-P (8) All (!"e" i-7#l7i-5 he le5!li 9 #6 !-9 !A. $)87) 21.4hi(h he L.*(AL LAW Prepared by: Atty.-i6#'0 6#' !ll (#.4hi(h he 1e-!l 9 i01#"e2 i" 'e(l. (3) A""i5.le" #6 1'#(e2. #' #ll.i"".e #' 1l!(e #6 'i!l # !7#i2 ! 0i"(!''i!5e #6 L.' " !-2 3.e'e" 0!9 'e3.F symbolic or educational function or when the supreme court decide a case even if it is moot and academic to educate the lower courts and other government officials. #' !-9 1e-!l 9 i01#"e2 i.eP (2) All ('i0i-!l (!"e" i. !-2 le5!l !""i" !-(e # he .2i(i!'9 i!((#'2!-(e 4i h he (i7il "e'7i(e l!4..i7e 'i5h ". unconstitutional9 in the li3ht of the re"uire ents of ?ection !729 of Article /*** that not e&en any of the ?upre e (ourt%s three 739 di&isions@ sittin3 separately could not declare a law@ treaty@ etc. As such% all acts done in connection with the said law before its declaration of unconstitutionality shall be considered legal% valid and binding. i#-!l 'i5h ". S." i(e.h" 4i h#. i-('e!"e #' 0#2i69 ".l! i#.le" "h!ll 1'#7i2e ! "i01li6ie2 !-2 i-eA1e-"i7e 1'#(e2. "h!ll 8e .@ unconstitutional? >es because the power of Dudicial review is Dust a part of Dudicial power which is available to all courts BSection .' " # # he' " ! i#-" !" 1.(h '.le" (#-(e'-i-5 he 1'# e( i#.'i"2i( i#.in P+L*.(h e01#'!'9 !""i5-0e"h!ll -# eA(ee2 / 0#. (&) P'#0. !""e""0e.1'e0e C#.ay inferior courts also e#ercise the power of 6udicial re&iew 7declarin3 a law@ treaty@ etc.!"i-L. It is only the declaration of unconstitutionality which is the *operative fact/ which would stop the people from complying with its <AR OPERATIONS %.% is prospective. Gacayan #'2i-!-(e.e01#'!'il9 L.#6 !-9 l#4e' (#. M!'(h %. .! #' hi5he'P (e) All (!"e" i. 1'!( i(e . 2:.F legitimizing function or to declare the law valid and constitutional! 'F chec+ing function or to declare the law unconstitutional! . IAC. BFNOT VS. i01#" . (4) O'2e' ! (h!-5e #6 7e-.!ll (#. !-2 "h!ll -# 2i0i-i"h. 1le!2i-5 . he I.#6 (!"e". he !20i""i#. )IIIF..8li( i.

e ber of the Fouse of . 211". "nly the Supreme Court has the power remove officials and employees in the Dudiciary under its power enunciated in Section 3% Art.l9 $8. Larry D. )III of the Constitution% the Eudicial and <ar Council shall have seven B4F members only and the Congress of the Philippines is entitled to only one B. 11-a.ay the (on3ress of the Philippines be represented by a . The 0e08e'" #6 he S.<. (N$ 'C"& $@3 which abandoned the contrar> rulings in the cases of P1"91CT! *'.!"i-L. *'. .epresentati&es and a e ber of the ?enate in the Kudicial and bar (ouncil? 7o. (+.*(AL LAW Prepared by: Atty. %. What are the "ualities of one aspirin3 to beco e a e ber of the 6udiciary aside fro the citiGenship and a3e "ualifications? A member of the Dudiciary must be a person of proven competence% integrity% probity and independence.I&.F member. Gacayan provisions. Fe was 3i&en the opportunity to answer said char3e but failed to do so.( Kud3e be appointed as a e ber of the Pro&incial Peace and +rder (ouncil of the place where he holds office? 7o. 5nder the 1012 (onstitution@ ay the salaries of the e bers of the 6udiciary be ta#ed without &iolatin3 ?ection 1A@ Article /*** which would ha&e the effect of decreasin3 the sa eC 7o.-1. . B-1 &:?&Y&.F member in the Eudicial and <ar Council. -&*+-.ay an .+ *'. $A'@ an e ployee of the ?andi3anbayan@ was found 3uilty of dishonesty by the (i&il ?er&ice (o ission and ordered dis issed fro the 3o&ern ent ser&ice because it was shown that another person tooE the (i&il ?er&ice >#a ination for hi that is why he passed. @N Phil. )III provides that the . +. $nder Section K% Art.+T&9&. "1= K7-:1 "!-!09! 2&.% Art.1".C+& *'.)) 1A. .# #C% 7 RC% <AR OPERATIONS %. (<@@6 KC. ANDAL.' !-2 # he' (#. 11. +?DICIAL AND <AR CO?NCIL. (FRANCISCO C@AVEB VS.2i(i!l #' !20i-i" '! i7e 6. P. !ctober N. %. NN$ and 1.embers of the Supreme Court and Dudges of the lower court shall hold office during good behavior until they reach the age of 4H years or become incapacitated to discharge the duties of their office.. This was the ruling in . Are the different administrative and 1uasi0Dudicial bodies BC". De(e08e' $/. The Supreme Court en banc shall have the power to discipline Dudges of lower courts% or order their dismissal by a vote of maDority of the members who actually too+ part in the deliberations on the issues in the case and voted thereon.$% <ARRISTERS= CL?< Page %) of )3 .' " e" !8li"he2 89 l!4 "h!ll -# 8e 2e"i5-! e2 # !-9 !5e-(9 1e'6#'0i-5 3. 5p to when are e bers of the 6udiciary entitled to hold on to their positions? Section .!. 8@ 'C"& 3$<6 20.$%) 12. Decide.?. <8 Phil. (CSC VS.in P+L*.. As such% the :ouse of Representatives shall send only one B. 13..-( i#-". The =ecision of the Civil Service Commission is not valid. )III of the Constitution.1'e0e C#. C!22+''+!.

(N$ 'C"& $5N6 87.' months for all lower collegiate courts% and .' 4i h#.3. *s the re"uire ent under ?ection 1)@ Art. h#4e7e'.C N#. (($ 'C"& $48. C!2101C. Gacayan 7AP" C". 2&"C10+. 2&0&C!"& *'.I ITAR> C".ISSI"7SF bound by the re1uirement of Se( i#. This is so because it is *impossible/ for the Supreme Court to comply with such provision considering the volume of cases filed before it. P'i0!'il9 (#-6i2e.&P!0C!2 *'. Larry D. )III% all cases or matters filed after the effectivity of this Constitution must be decided or resolved within 'C months from date of submission for the Supreme Court% and unless reduced by the Supreme Court% .e" i#-i-5 he 7!li2i 9 #6 he 2e(l!'! i#. (@ 'C"& (NN.*'.C+!."1e-"i#."h!ll 8e 'e-2e'e2 89 !-9 (#.! *'. 1:.in P+L*. .$% <ARRISTERS= CL?< Page 3. !-2 2angelen vs. What are the re"uire ents before one ay be appointed in the ci&il ser&ice? >#ceptions? Appointments in the CS shall be made only according to merit and fitness to be determined as far as practicable% and eA(e1 !" # 1#"i i#-" 4hi(h !'e 1#li(9 2e e'0i-i-5. C& <@ 'C"& 3$3.$4.$8. (&+" 9"&.$. (5$ 'C"& 4. C&. )III is mandatory in all courts e&cept the Supreme Court where said provision is considered merely directory. A' . What are co&ered by the powers of the (i&il ?er&ice (o issionC $nder Section '% Article I(0 < of the Constitution% the civil service embraces all branches% subdivisions% instrumentalities% and agencies of the government% including government owned and controlled corporations 2IT: "RI8I7A C:ART#RS. C9+.C1 *'. ?7'C&Y.(le!'l9 !-2 2i" i-( l9 he 6!( " !-2 he l!4 #. What are the periods 3i&en to the different courts to decide cases before the ? $nder Section . +. 11.#6 he 4'i #6 h!8e!" (#'1. C"7I.! *'. C&. 1." 0.5% Art.2e2 89 Se( i#.:C& *'. 34 'C"& 8N3. ($( 'C"& N( !-2 -1 "!2& *'. 0!!-.is one denoting not only confidence in the aptitude of the appointee for the <AR OPERATIONS %. Define the three 739 e#ceptions to the rule that the appointee ust be chosen based on erit and fitness to be deter ined by co petiti&e e#a ination? P#li(9 2e e'0i-i-5 is one charged with laying down of principal or fundamental guidelines or rules% such as that head of a department. *-& -1 1'P+"+T7 *'. ?-2e' Se( i#. VIII h! :N# 2e(i"i#. ($4 'C"& 4N. 10." 8e 2e(i2e2 4i hi. ((4 'C"& 38N .*(AL LAW Prepared by: Atty. months for all other lower courts. C&""&'C!'!. A' .i!l #' hi5hl9 e(h-i(!l% by competitive e&amination. A case shall be deemed submitted for decision or resolution upon the filing of the last pleading% brief or memorandum re1uired by the Rules of Court or by the court itself. of )3 .#6 0!' i!l l!4 #' ". I !11lie" #-l9 # he (#. . ($( 'C"& $5N.7. (.' " !" 2e6i-e2 #' i-(l. A' . C&.i!l 1#"i i#. eA1'e""i-5 he'ei. 2&.:. *&00&-!0+.% . 2!9" 6'#0 he 2! e #6 6ili-5.5% Art..< 'C"& 8N."+01. VIII. $(N 'C"& $856 1). 1'i0!'il9 (#-6i2e.4hi(h i i" 8!"e2. (C!"P7' *'. /*** andatory or erely directory? Section .&0 *'. VII. C&. ! (!"e 3.

!T G&*1 TG1 P!J1" T! '7?'T+T7T1 TG1 &PP!+. . (<<(% "omualdeD vs. !. as held in C&-+1.:. What is the e#tent of the powers of the (?( in appoint ent cases? +t has onl> the power to approve the appointment if the appointee meets all the Hualifications and the power to den> the appointment if the appointee does not meet the Hualifications. -# hi" !""i" !. e ployees for unions for purposes of collecti&e bar3ainin3 and to striEe a3ainst the 3o&ern ent? As held in &00+&. SCRA . !ctober 8.*(AL LAW Prepared by: Atty. *s there such a thin3 as $ne#t-in-ranE' or seniority rule in fillin3 up &acancies in the classified ci&il ser&ice? . (3N 'C"& 4he'e i 4!" hel2 h! The Ci 9 Le5!l #66i(e' i" ! 1'i0!'il9 (#-6i2e.'&2'!. ?Y TG1 &PP!+. '&. 0A.re1uires the appointee thereto to possess technical s+ill or training in the supreme or superior degree. (3$ 'C"& %8. (<<5% -!TC vs.!TG1" JG+CG +T ?10+1*1' T! ?1 2!"1 O7&0+9+1-. emplo>ees to form unions. (@5 . *'. C'C...T+. 0). (<<(. O7+'72?+.ay 3o&Ot. @4 Phil. Larry D. 8.o. &ugust @. P7<% . &ugust ($. The "!0e 4!" 'ei e'! e2 i. .. (<<5% 21. +T -!1' .. Kune (. there is no need “to wait for the deadwoods to retire” before one ma> be promoted to fillEup a vacanc> as a result of the presence of other emplo>ees with longer >ears of service or “neAtEinEranB”. 2&00&"1. (<@4.i!l #66i(e'. Gacayan duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals of the personal trust on confidential matters of the state B#&ample9 Chief egal Counsel of the P7<% <esa vs. ($3 'C"& and 1Aecutive !rder . C'C.C1 !9 :!*T.-!I& *'. C'C.:P+. government emplo>ees ma> form unions but not authoriDed to striBe or demand for collective bargaining agreement with the government. 2+'!./ There must be full compliance of the due process re1uirement. Kune 3.T1 *'. 9ebruar> (<. It must be based on Dust cause and with due process... 2!01. $@<6 01. J!"M1"' *'. This is clear from RA 3353% Eune .: &7TG!"+TY J+TG &.H% .$% <ARRISTERS= CL?< Page 3$ of )3 . he P'#7i-(i!l Le5!l O66i(e' i" ! 1'i0!'il9 (#-6i2e.i!l #66i(e.NKK % which is *An act to protect the security of tenure of civil service officers and employees in the implementation of government reorganization.HF @i5hl9 e(h-i(!l 1#"i i#. 0!. 02. *s the position of (ity or Pro&incial Le3al +fficer a pri arily confidential position? Yes. Jhat is important is that the appointee meets all the Hualifications for the said position.T11 CG!'1.. C&. &s held in 2edenilla vs./ B -1 0!' '&.o. 9ebruar> $.T!' *'.T!'. *s the position of (ity >n3ineer of 4a3uio (ity a $hi3hly technical' positionL 7o. <AR OPERATIONS %. (<@<% 90!"1I& *'. 03. The position of City #ngineer of <aguio City is technical *but not highly so.B -&"+! *'.in P+L*. authoriDing govt.ay 3o&ern ent e ployees be re o&ed without cause as a result of a 3o&ern ent reor3aniGation? 7o.

e&enue Allot ent 7*. %. Also% it has the power to9 !. ( of the . Those involving barangay officials shall be filed with the .!'9 %/. i " 1#4e'" !'e # enforce and administer all laws relative to the conduct of election% plebiscite% initiative% referendum and recallJ. %.unicipal ayor because the Di&ision where the appeal was raffled could not decide it due to the inhibition of its e bers resultin3 in no "uoru therein? 7o. Which court has 6urisdiction o&er election cases in&ol&in3 unicipal and baran3ay officialsL #lection cases involving municipal official shall be filed before the RTC whose decision may be appealed to the C". (<<(6 02.A9 for the Local Go&ern ent ?er&ice >"ualiGation Dund 7LG?>D9 and ay she &alidly i pose conditions for the release thereof? 7o% local governments have fiscal autonomy under Art.1" (. I(0C provides that *I.e2 #' 2e"i5-! e2 i.l!4" 2.$% <ARRISTERS= CL?< Page 3% of )3 .% Art.446 0:.. iliM! i#. As held by the Supreme Court in the case of PROVINCE OF <ATANGAS VS. Re5i" e' 1#li i(!l 1!' ie".# #C en banc could only decide . Gacayan (<<8 and Torio vs. IGC.. eA(e1 'eli5i#. Yorac.l! e he e-L#90e#' .original Durisdiction over all contests relating to the elections% returns% and 1ualifications of all elective regional% provincial and city officials and appellate Durisdiction over all contests involving elective municipal officials decided by courts of general Durisdiction and elective barangay officials decided by trial courts of limited Durisdiction. A' . File (#01l!i.-# (!"e "h!ll !-9 0e08e' 8e !11#i. @ON.( A3oo@ La 5nion@ re3ardin3 the election protest in&ol&in3 candidates for .in P+L*. 00-a. To allow the President to impose conditions for the release of <AR OPERATIONS %.# #C% not with the courts.BSANDRA ERIG?EL VS. 8. What are the ore i portant powers of the (+.$. Does the President ha&e discretion on the release of the *nternal .#6 !ll 6'!-(hi"e" 6#' he #1e'! i#.ay the (+. C'C. 00. Fe8'. *B?rillantes vs." 6#' 7i#l! i#.4. -ec. ET AL. 01. ili ie". .. i-(l. COMELEC. automatic release of funds of ocal 8overnment $nits% particularly the IRA% is mandated with no conditions imposed for its release.# #C..>L>( >< 4A<( decide on Appeal the Decision of .# #C.) 1AA. iMe l!4 e-6#'(e0e!5e-(ie". Where ust election cases in&ol&in3 city and pro&incial officials be filed? It must be filed with the C". Larry D.*(AL LAW Prepared by: Atty.8li( .#6 '!-"1#' ! i#!-2 # he' 1. 0e2i! #6 (#00. M!9 %7.otions for Reconsideration from a =ecision of a =ivision of the C". .ay a person be appointed in a te porary capacity as a (o issioner of the (o ission on >lections? 7o% Section . $5< 'C"& . AL<ERTO ROM?LO. (@. Re5.#6 ele( i#.>L>(L $nder Se( i#.%.-i(! i#-. De1." 5'#.# #C whose decision in both instances is final and not appealable..NK4 Constitution.TC whose decision is li+ewise subDect to appeal to the C".2i-5 he AFP.! e01#'!'9 #' !( i-5 (!1!(i 9. The C".

CAPC"% ER. B T&.% .ayor died and he tooE o&er the said position by way of succession in accordance with the Local Go&ern ent (ode. *n the creation of a new pro&ince@ city@ unicipality or baran3ay or when it will be di&ided@ er3ed or abolished@ or its boundary substantially altered@ who shall &ote in the plebiscite to be conductedL All the residents of the political units affected% i.CN5% September .*(AL LAW Prepared by: Atty. %. . C". COMELEC.886 1A!.>L>(@ April 1@ 2AA1F 1A2-b. :e was forced by law to vacate his position as .+0& C!22+''+!. B<#7EA. Fe was nu ber councilor in the election of 2AA!. Li0. %3& SCRA $3&. (3$ 'C"& 4$4 and Padilla vs.% former and new local government unit to be formed% must participate in the plebiscite. The intent to remain in the new domicile of choice must be for an indefinite period of time% must be voluntary and the residence at the new domicile must be actual.I7 <"REA )S.% it was held that to validly effect a change of residence% there must be ani us anendi coupled with ani us non re&ertendi.rd term 2AS )" $7TAR> when her run for . *n 2AA)@ the /ice . C!2101C.e. 47& SCRA %). Are the state ent of assets and liabilities and @ Personal Data ?heet of Kustices and Kud3es confidential and shall not <AR OPERATIONS %.unicipal Councilor. .. (8.R. 1A1. B. (<OLOS. Is the .0term limit applies only if the official was =$ > # #CT#= to the said position for three B..ontebon was elected . <icasio 4olos@ Kr.# #C% and E"S# T.H'.. C!2101C.uburan@ (ebu durin3 the 1001@ 2AA1 and 2AA! elections. .rd term. 7o. M!'(h $7.0term limit of elected local officials applicable to a term ac1uired through successionL 7o% the .unicipal (ouncilor durin3 the .ay@ 2AA2 elections? >es% because there was *I7)" $7TAR> R#7$7CIATI"7/ of his . +R. :is non0completion of his . Gacayan the IRA amounts to control to local government units when the President6s power over local government units is confined to general supervision% not power of control as enunciated in D'il#.)) 1A3.>4+< /?. ($@ 'C"& .7".NNKF 1A2-a.rd terms.unicipal (ouncilor of . 'C"& . 1)1C7T+*1 '1C"1T&"Y. VS. (+. Fis ter ended on Kune 3A@ 2AA2.% 8. *s he "ualified to run for 4aran3ay (aptain of his baran3ay durin3 the baran3ay elections of +ctober@ 2AA2? 7o more because he was elected to three consecutive terms. was elected 4aran3ay (aptain of 4aran3ay 4iEin3@ Dauis@ 4ohol durin3 the 100!@ 1002 and 2AA2 4aran3ay elections. . Larry D.in P+L*. $(3 'C"& 48N abandoning the doctrines in P&"1-1' *'. What are the re"uire ents for a &alid chan3e of residence for purposes of the re"uire ent on $residence' under the Local Go&ern ent (ode? In the case of D?MPITMIC@ELENA VS. It was not voluntary which could have resulted in the counting of his election in 'HHC as his . 21T"! 2&. *'. COMELEC.ay he &alidly run a3ain for .$% <ARRISTERS= CL?< Page 33 of )3 . and 0!P1I *'. Without ha&in3 co pleted his 3rd ter @ he ran for .F consecutive terms% not by succession.+<..unicipal Councilor.unicipal (ouncilor of Dauis@ 4ohol durin3 the 2AA! <ational and Local >lections and won.

. In the case of re1uests for copies of SA 7 of the Eustices of the Supreme Court% the Court of Appeals% the Sandiganbayan and the Court of Ta& Appeals% the authority to disclose shall be made by the Court #n <anc. All re1uests shall be filed with the "ffice of the Cler+ of Court of the Supreme Court% the Court of Appeals% the Sandiganbayan% the Court of Ta& Appeals! for the lower courts% with the "ffice of the Court Administrator! and for attached agencies% with their respective heads of offices. A<D (+5.A..*>? A<D <>. The re1uesting party% whether as individuals or as members of the media% must have no derogatory record of having misused any re1uested information previously furnished to them.>. *</>?.? +D . Re1uests shall cover only copies of the latest SA 7% P=S and C) of the members% officials and employees of the Eudiciary% and may cover only previous records if so specifically re1uested and considered as Dustified% as determined by the officials mentioned in par. W+.o. 3.. 7o.F> PF*L*PP*<> (><. III or the right to information on matters of public concern as well as access to official recordsJ 1A!-a. 7P(*K7 D+.><. +D A??>.?+<AL DA.*/> K+5. D+. In the case of re1uesting individuals other than members of the media% their interests should go beyond pure or mere curiosity. 34. . Thereafter% the Cler+ of Court shall refer the matter pertaining to Eustices to the Court #n <anc for final determination.F 7?AL<9 A<D P>. and its implementing rules and regulations% and in accordance with the aforecited guidelines..*(>?@ A. +D APP>AL? K5?. 7o. above% under the terms of these guidelines and the Implementing Rules and Regulations of R.>. The use of the information secured shall only be for the stated purpose. (I and Section 4% Art. Larry D. +n the case of *< ..<AL*?. 4. <o. The custodians of these documents Bthe respective Cler+s of Court of the Supreme Court% Court of Appeals% Sandiganbayan% and Court of Ta& Appeals for the Eustices! and the Court Administrator for the Eudges of various trial courtsF shall preliminarily determine if the re1uests are not covered by the limitations and prohibitions provided in R.F> 2AA1 ?. A0A1-A2-(A@ Kune 13@ 2A12@ the 'upreme Court held that the> could be given to reHuesting parties subDect to the limitations and prohibitions provided in R.A. The re1uesting parties shall complete their re1uests in accordance with these guidelines. What are the 3rounds for i peach ent? <AR OPERATIONS %.>.A ?F>>. 5.$% <ARRISTERS= CL?< Page 34 of )3 .F> ?5P.% Art.*(AL LAW Prepared by: Atty.A. In the case of the members of the media% the re1uest shall additionally be supported by proof under oath of their media affiliation and by a similar certification of the accreditation of their respective organizations as legitimate media practitioners.>: . #very re1uest shall e&plain the re1uesting party6s specific purpose and their individual interests sought to be served! shall state the commitment that the re1uest shall only be for the stated purpose! and shall be submitted in a duly accomplished re1uest form secured from the SC website.>L5>?.? A<D L*A4*L*.in P+L*. C...*GA.. .A. 34.. 34. Gacayan be released to the public or to be released? .> (+5.. '.% its implementing rules and regulations% and the following guidelines9 . 7o. . This is in accordance with the constitutional provision on public accountability and transparency under Section . +D ..

b. Se( i#8 H$I. $)73 C#-" i . i#-.3. Fe8'. What is the e#tent of a 6ud3 ent in i peach ent cases? Eudgment in cases of impeachment shall not e&tend further than removal from office and dis1ualification to hold any other office under the Republic of the Philippines but shall nevertheless be liable to prosecution% trial and punishment according to law. Tanodba>an. %. c.. (G?TIERREB VS. i#-" #6 hi5he' le!'-i-5 "h!ll e-L#9 !(!2e0i( 6'ee2#0 (A' .all institutions of higher learning/ while under the .F year.# #C has the power to investigate and to file the appropriate information in court.!'9 $&. What is co&ered by the $acade ic freedo ' pro&ision of the 1012 (onstitution? It covers not only academic freedom on the part of the school but also those of the teachers% professors and the students because the provision states that *Academic freedom shall be enDoyed i. ET AL. 1A). @5A of Art. ET AL. Larry D. Who in&esti3ates and prosecutes public officials for cri es co itted in the perfor ance of their official duties? >#ception It is the "ffice of the "mbudsman and the "ffice of the Special Prosecutor e&cept if the offense is in violation of election laws% rules and regulations wherein only the C". @O?SE OF REPRESENTATIVES COMMITTEE ON +?STICE.*(AL LAW Prepared by: Atty. 2hat is prohibited is having more than one impeachment proceedings within a period of one B. an impeachment complaint deemed *initiated/ to be a bar to the filing of another complaint within a . GV..0year period upon its @aA filing! and @bA C"$P #= 2IT: C"78R#SS TAMI78 I7ITIA ACTI"7 "? SAI= C". I* applies when the 1st i peach ent co plaint was filed on Kuly 22@ 2A1A and the 2nd on Kuly 22@ 2A1A a3ainst the sa e i peachable officer thou3h both co plaints were referred to the appropriate co ittee on the sa e day? 7o./ 1A0. 1A:. 4$& SCRA 44.N4.. /CorpuD vs. Gacayan "nly for *Culpable violation of the constitution% treason% bribery% graft and corruption% other high crimes% or betrayal of public trust/./ 1A2. #ven if there are several cases filed on different dates but simultaneously tried against the said impeachable officer% there is no prohibition to Section . Does the prohibition under ?ection 3 B)C of Art. Constitution% only institutions of higher learning enDoy academic freedom because the provision then states that :!ll i-" i .$% <ARRISTERS= CL?< Page 3& of )3 . who may teach% what may be taught% how it shall be taught% and <AR OPERATIONS %. SPEADER +OSE DE VENECIA.in P+L*.P AI7T. What is the e#tent of acade ic freedo on the part of schoolsL It includes the power to determine9 a. When is an i peach ent co plaint dee ed $initiated' to bar another co plaint within a period of one year? As held in FRANCISCO VS. %. (I. N#7e08e' $.$$) 1A2. (3< 'C"& $@(6 1A1.

Academic freedom is given a wide sphere of authority.5C $S '.T+&:! *'.ust answering cases in court6. it has consented or waived said right to sue6.+*1"'+TY *'.:101' *'.% B. who may be admitted to studyGQ B#mphasis supplied! citing Sinco% Philippine Political aw% CN. 112. the government is not allowed to invoBe its immunit> from suit if b> doing so. . /2+. Larry D.% . . / &.C @.ay a school punish its students for ille3al acts co itted outside the school pre ises and beyond school hours but within the se ester where they are enrolled? Yes because the> still carr> the name of the school and their actuations affect the reputation of the school. If an institution of higher learning can decide on who can and cannot study in it% it certainly can also determine on whom it can confer the honor and distinction of being its graduates. 11A. @4 'C"& $<36 <AR OPERATIONS %.+'T1"+! *'. "1P7?0+C.. C9+ of Cebu. What are the underlyin3 principles behind the constitutional proscription that the ?tate ay not be sued without its consent? ?> reason of public polic> /if ever> citiDen is allowed to sue the government. ?AC$ T> A=.N3'F and the concurring opinion of Eustice ?ran+furter in Sweezy v. (($ 'C"& $. &lso. C& /$55@6 where a rumble between members of two fraternities tooB place outside the school campus but the students involved were 1)P1001.b> the school.$% <ARRISTERS= CL?< Page 3/ of )3 . it will be distracted from performing its functions to serve the people and it will be left . it will be causing an in. 11!. Fow ay the ?tate 3i&es its consent to be sued? #&pressly when there is a law allowing it and impliedly when it enters into a contract with an individual because in the latter% it descended to the level of an individual ma+ing it susceptible to counterclaims or suits. 113. meaning.in P+L*. The 'upreme Court.ustice to its citiDens. CA% August . 111.ISSI"7% 3K SCRA '44F. while conceding the power of the school over its students held that the penalt> of eApulsion is too harsh a penalt>. As held in $P <"AR= "? R#8#7TS )S. B"&Y! *'. 35 'C"& and '&. C9+ !9 ?70&C&. Does acade ic freedo on the part of the school carries with it the power to re&oEe a de3ree or honor it has bestowed to its students? >es..NNN% *academic ?reedom includes the power of a $niversity to R#)"M# a degree or honor it has conferred to a student after it was found out that the student6s graduation was obtained through fraud.*(AL LAW Prepared by: Atty. 7ew :ampshire B.. ((5 'C"& 3N. the> are not allowed to enroll at the -e 0a sale but the> should be given transfer credentials so that the> ma> enroll in another school. however. Gacayan d.6. b> reason of sovereignt> /the people shall not be allowed to sue the ver> entit> that gives it said right 6 and b> reason of consent /when the people ratified the Constitution which includes the provision that the 'tate cannot be sued without its consent.6 This rule was reiterated in the cased of -1 0& '&001 7.ay the 3o&ern ent be sued in the e#ercise of its 3o&ern ental functions? >es if the government agency has a charter which allows it to be sued.N54A% 8ARCIA )S. '+'!. +t should be 1)C07'+!..

CE<? CITF.+00&.T&.ay a local 3o&ern ent &alidly in&oEe state i unity fro suit in a case where there is a contract entered into with a pri&ate corporation for the deli&ery of trucEs to the said unicipality? .ay the 3o&ern ent still be held liable to a pri&ate indi&idual if the contract it entered into is &oid but the other party had already co plied with his obli3ations under said a3ree ent? Yes. Larry D.usre imperii” functions /governmental functions”.$. +R. +?DGE D?MD?M.$% <ARRISTERS= CL?< Page 37 of )3 .in P+L*. M!'(h %%. <AR OPERATIONS %. . (D* +D (>45@ !A ?(. /T!"+! *'. not governmental. CANC@ELA.A 20!9 PART II CONSTIT?TIONAL LAW 1.) 110.>P54L*(@ 12 ?(. This was the ruling in 7. province or baranga> to hold an annual fiesta. *'. *s the 5? Go&ern ent also i une fro suit in the Philippines in connection with the e#ercise of its 3o&ern ental functions? >es. @N 'C"& N<<6 111.'.*(AL LAW Prepared by: Atty. 112. C. .*+ /?. since no law reHuires an> town.. 11:. Suability is different from liability. 'C"& where it was held that even if there is a contract entered into b> the 7' :overnment but the same involves its “. .ay the court tryin3 the sa e &alidly issue a writ of preli inary attach ent a3ainst the unicipality? The municipality may not validly invo+e its immunity from suit in a case where it entered into a contract with a private corporation since it is deemed to have waived state immunity from suit. (8. <?LACAN VS. %.ay a unicipality be held liable for da a3es as a result of the death of a person arisin3 fro the collapse of a sta3e constructed by the local 3o&ern ent in connection with its town fiesta? Yes. Define police power.*AG+ /?.V. Are local 3o&ern ents also entitled to in&oEe i unity fro suit? Yes. it cannot be sued.>.AF It does not also apply if it was the government which violated its contract with its citizen B?A<. 9!. (DEPARTMENT OF @EALT@ VS. a town fiesta is a business or proprietar> function. :owever% unli+e in cases of ordinary defendants% the Trial Court may not validly issue a writ of preliminary attachment against the properties of the municipality. . 47& SCRA %$8) Also% the said immunity from suit defense is not applicable if to do so would cause an inDustice to a citizen B.*<*?. (M?NICIPALITF OF @AGONOF. e !l. cit>. because the government shall not enrich itself at the eApense of its citiDens. "7+I. Gacayan 11).us gestiones” or business or proprietar> functions that it ma> be sued. +t is onl> when the contract involves its “. RTC 7..

:#R7A7=#O% . N#.l9 3$. +R. What are purposesHaspects power: the of basic police A. !-2 MALATE TO?RIST DEVELOPMENT CORPORATION. +.ATA! "R#7O" )S.% .ay an +rdinance of the (ity of . K5 b.anila &alidly re"uire peopleHcouples checEin3 in the different otels in the city to B1C re3ister at the otel%s desE facin3 a public streetP and B2C show their identification card@ etc. %. to promote the economic security of the people..F f. to promote and protect public safety! BA8$STI7 )S. . BCITF OF MANILA.% . PR".N5! TA(ICA< "P#RAT"RS )S.$% <ARRISTERS= CL?< Page 38 of )3 . to maintain and safeguard peace and order! B8$AO"7 )S. BIC:"78 )S. )I #8AS% ?ebruary . S#CR#TAR>% .anila &alidly prohibit hotels and otels@ etc.A AT# :"T# )S. =# )I AF e. +?DGE PERFECTO LAG?IO.45 SCRA . CIT> .. >es..NK4! =#CS )S. 'e1'e"e. $)/7) 2. PARAS% . ? A. $$8$%7. A1'il $%.N! )# ASC" )S. It violates the due process clause by depriving the owners of said establishments of their legitimate businesses. to promote and preserve public health! B)I A7$#)A )S.alate area.A A7="27#RS )S.ay the (ity of .A>"R% Euly .*(AL LAW Prepared by: Atty..e2 89 M!9#' Al6'e2# Li0 VS. G. ?inally% even assuming that the said "rdinance is intended to promote public morals% the means employed is constitutionally infirm and not a valid e&ercise of police power. .H. .. 5N5Tapprehend and confine lepers in a leprosariumF c. to promote the general welfare% comfort and convenience of the people! BASS"CIATI"7 "? S.% curb prostitution or illicit relationships.N34! E.N SCRA KN4 F d. Larry D..anila but not in the #rmita0.. It li+ewise violates the e1ual protection clause. Gacayan It is the power vested in the legislature by the Constitution to ma+e% ordain% establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people. SCRA 53N! #R. =IR#CT"R "? :#A T:% 5H Phil. Phil. SA7 =I#8"% .5 Phil.8F 2-c. The "rdinance is unconstitutional. .e.% .in P+L*. CA% '3H SCRA .@ at the >r ita.AA or chan3e the nature of their business to 3ift shops@ restaurants@ etc.! $S )S.R.'. There is no logic in allowing said establishments in other parts of the City of .ITA .ay the (ity of . CITF MAFOR. $)/7) 2-b.l9 3$. CASTA7#=A% September '. It is a valid e&ercise of police power to promote public morals% i.55F 2-a. #=$% KK SCRA .alate Area and 3i&es the e#istin3 establish ents three 739 onths to transfer to any place outside said area under pain of i prison ent of up to 1 year and fine of P)@AAA. +.NK. CITF MAFOR. T"RI<I"% ..KH SCRA 5."TI"7S )S. to protect public morals! B=# A CR$O )S.alate area@ to offer $short ti e' ad ission therein? A.C.L <AR OPERATIONS %. ERMITA MALATE @OTEL VS.anila &alidly prohibit the operation of ni3ht clubs@ sauna parlors@ assa3e parlors@ EaraoEe bars@ beerhouses@ and si ilar establish ents in the >r ita. @7. The "rdinance is unconstitutional and is not a valid a. E$I7I"% .. BERMITA MALATE @OTEL VS.

The power of eminent domain is the inherent right of the State to condemn or to ta+e private property for public use upon payment of Dust compensation while police power is the power of the state to promote public welfare by restraining and regulating the use of liberty and property without compensation! '. There is nothing immoral in staying in a motel or hotel for a period of three B. =#7R S#C. b. What are the tests for a &alid e#ercise of police power a. The re1uisites are9 . i+ewise% in the e&ercise of police power% property rights of private individuals are subDected to restraints and burdens in order to secure the general comfort% health and prosperity of the state..) 3. )%$. the interests of the public% not mere particular class% re1uire the e&ercise of police power! BLAWF?L S?<+ECTF b. =ue process is a law which hears before it condemns% which proceeds upon in1uiry and renders Dudgment only after trial BPer =aniel 2ebster in the DARTMO?T@ COLLEGE CASE) :. Larry D. PALANCA. Properties condemned under police power are usually no&ious or intended for no&ious purpose! hence % no compensation shall be paid. B=I=IPI" #ART: SA)#RS . substantive due process000 re1uires the intrinsic validity of the law in interfering with the rights of the person to life% liberty or property.. Distin3uish police power with power of e inent do ain. . 37 Phil. (LAWF?L MEANSF. There must be an impartial court or tribunal clothed with Dudicial power to hear and decide the matter before it! <AR OPERATIONS %. hours..R.$% <ARRISTERS= CL?< Page 3) of )3 . ?urther% there is nothing that would prevent people engaged in illicit relationships to chec+ in in said motels by paying .e2 89 MAFOR ALFREDO LIM. In short% it is to determine whether it has a valid governmental obDective li+e for the interest of the public as against mere particular class. In such case% there is no compensable ta+ing provided none of the property interests is appropriated for the use or for the benefit of the public. What are the re"uisites of $6udicial due process'? As held in <ANCO ESPANOL VS. 'e1'e"e. 2. +!-. the means employed is reasonably necessary for the accomplishment of the purpose and not unduly oppressive to individuals. Procedural due process000one which hears before it condemns% or the procedure as pointed out by =aniel 2ebster.% CK5 SCRA 5K3F !. CITF OF MANILA. In the e&ercise of police power% enDoyment of a property is restricted because the continued use thereof would be inDurious to public welfare.*(AL LAW Prepared by: Atty. The distinctions are9 . %. G. Define due process.in P+L*..).' hours or more though they will Dust stay there for . Gacayan e&ercise of police power.F hours only because a person6s stay therein could be for purposes other than having se& or using illegal drugs. $%%84/.. # IS#A 8"O$% #T A . "therwise% there should be compensable ta+ing if it would result to public use. What are the Qinds of Due Process? a.!'9 %. In short% the end does not Dustify the means. N#.$ TI P$RP"S# ASS"CIATI"7 )S. BW@ITE LIG@T CORPORATION VS. ).

G.@ :0 Phil. 1. $4% SCRA 7.in P+L*. N?. they shall be informed of the evidence against them! C. the tribunal must consider the evidence presented! c. $7)/4%. the decision must be based on the evidence presented during the hearing! f.R. :3)% the re1uisites are9 a.. CA. BDELGADO VS. Eurisdiction must be lawfully ac1uired over the person of the defendant or over the property subDect of the proceedings! . (CONS?LTA VS.. the students must be informed in writing of the nature and cause of any accusation against them! '. What are the re"uisites of due process before ad inistrati&e bodies? As held in . (*. Larry D. they shall have the right to adduce evidence in their own behalf! 5. the evidence must be substantial! e./. What are the re"uisites of procedural due process in disciplinary actions a3ainst studentsL As held in G?BMAN VS. *f an accused was represented by a non-lawyer durin3 the trial of his cri inal case@ what ri3ht of the said accused was &iolated? *s he entitled to a new trial? If an accused was represented by a non0lawyer during the entire trial Bthough she thought that he was a lawyerF% his right to due process was violated and therefore% he entitled to a new trial.)) 1A.. *s due process satisfied in ad inistrati&e proceedin3s if the respondent is not assisted by counsel? There is no law% whether the Civil Service Act or the Administrative Code of .!'9 $%.$% <ARRISTERS= CL?< Page 4.. PEOPLE. of )3 .NK4% which <AR OPERATIONS %. they shall have the right to answer the charges against them% with the assistance of counsel! . the re1uisites are9 . What are the re"uisites of due process before an e ployee ay be dis issed fro his worE? The re1uisites of Process before the 7 RC are9 . Eudgment must be rendered only after lawful hearing. the right to a hearing which includes the right to present evidence! b. 11. %. Fe8'.*(AL LAW Prepared by: Atty. The defendant must be given the opportunity to be heard! C.. the decision must have something to support itself! d. the tribunal or body must act on its own independent consideration of the law or facts! g.*4AJ /?. Gacayan '. $)8/). 7otice! and :earing =ue 12. N#. the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.. the board or body shall in all controversial 1uestions% render its decision in such a manner that the parties to the proceedings can +now the various issues involved. '. N#7e08e' $. 0. :owever% even if he was not represented by a non0lawyer at the start of the criminal trial% particularly when the prosecution presented its evidence% but was represented by a lawyer when he presented his evidence% there is no violation of his right to due process or right to counsel.

in P+L*,*(AL LAW
Prepared by: Atty. Larry D. Gacayan provides that a respondent in an administrative case should be assisted by counsel in order that the proceedings therein is considered valid. 7ot only% that% petitioner herein was given the opportunity several times to engage the services of a lawyer to assist him but he confidently informed the investigators that he could protect himself. (L?MIK?ED VS. EGENEA, %8% SCRA $%&) 12-a. *s there a &iolation of a person%s ri3ht to due process before an ad inistrati&e body liEe the (i&il ?er&ice (o ission if a party was not allowed to cross-e#a ine the witnesses a3ainst hi despite his re"uest? 7o. The right to due process is not violated even if a party to an administrative case was not allowed to cross0e&amine the other party or his witnesses. 2hat he is entitled to is the right to be heard. (ATTF. ROMEO ERECE VS. LFN MACALINGAF, ET AL., G.R. N#. $//8.), A1'il %%, %..8) 12-b. Fow about in in&esti3ations in&ol&in3 disciplinary actions a3ainst students@ are the latter entitled to cross-e#a ine the co plainant and his witnesses? A. 7o. The right to due process on the part of a student is not violated even if he was not allowed to cross0e&amine the other party or his witnesses. =ue process is served if was given the chance to present his evidence. BDE LA SALLE ?NIVERSITF VS. +?DGE WILFREDO REFES, RTC 3/, M!-il!, G.R. N#, $%7)8., De(e08e' $), %..7) 12-c. *s there a &iolation of the ri3ht to due process if e bers of a faction of the Liberal Party were e#pelled fro said party in a eetin3 where they were not e&en notified nor 3i&en the chance to be heard? 7o. =ue process could be invo+ed only before tribunals created by the State through which governmental acts or functions are performed. The right to due process guards against unwarranted encroachment by the State into fundamental rights and cannot be invo+ed in private controversies involving private rights. (ATIENBA VS. COMELEC * MAN?EL ROGAS III, ET AL., Fe8',!'9 $/, %.$.) 13. What are the re"uisites for a &alid classificationL As held in People vs. Cayat% 3K Phil. ,'% the re1uisites are9 a. There must be real and substantial distinctions! b. It must be germane tot he purposes of the law! c. It must not be limited to e&isting conditions only! and d. It must apply e1ually to all members of the same class. 1!. *s there &iolation of the e"ual protection clause if police en who are char3ed of a cri inal offense punishable for ore than si# 7:9 years will re ain suspended until after the his ac"uittal unliEe other public officers whose a#i u suspension e&en when facin3 3raft and corrupt char3es is only three 739 onths? 7o there is o violation. In :I;A8A7 )S. P#"P #% the Supreme Court held that the fact that policemen charged with a criminal offense punishable by more than 3 years are to be suspended during the entire duration of the case unli+e other government employees is valid since it rests on valid classification because policemen carry weapons

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Prepared by: Atty. Larry D. Gacayan and the badge of the law which can be used to harass or intimidate witnesses against them. 1!-a. *s there a &iolation of the ri3ht to e"ual protection of the laws of appointed 3o&ern ent officials who are dee ed auto atically resi3ned upon the filin3 of their certificate of candidacy while elected officials are not? 7o% there is real and substantial distinction. ;ost elected officials have a fi&ed term under the Constitution and said term could not be shortened by means of a law. BI$I7T" )S. C";# #C% ?ebruary ''% 'H,HF 1!-b. *s there &iolation of the e"ual protection clause if police en and soldiers are 3i&en allowances in the General Appropriations Act while other 3o&ern ent worEers are not since the allowances of all 3o&ern ent worEers were incorporated already in their salaries under the (o pensation and Position (lassification Act of 1010? 7o. There is real and substantial distinction. Policemen and soldiers are in charge of the defense of the country and could be transferred to virtually anywhere in the country. Since their basic pay does not vary on location% the continued grant of C" A to them is intended to help them offset the effects of living in higher cost areas. B8$TI#RR#O )S. =#PART;#7T "? <$=8#T A7= ;A7A8#;#7T% ;arch ,K% 'H,HF 1). What are the re"uisites of a &alid search warrant or warrant of arrest? 7o search warrant or warrant of arrest shall issue e&cept upon probable cause to be determined personally by the Dudge after e&amination under oath or affirmation of the complainant and the witnesses he may produce% and particularly describing the place to be searched and the persons or things to be seized. BSection '% Art. IIIF In addition% Rule ,'3 of the Rules on Criminal Procedure re1uires that no warrant shall be issued for more than one B,F specific offense and that in the implementation of a search warrant when the respondent is not present% witnesses are re1uired. ?inally% a Circular issued by the Supreme Court re1uires that no warrant or warrant of arrest shall be implemented during the night% wee+0 ends or holidays% e&cept in e&ceptional circumstances. ,50a. 2hat are the two B'F +inds of probable causeL The two B'F +inds of probable cause are9 a. The e&ecutive determination of probable cause by the Prosecutor where he determines whether to file a criminal case in court or not! and b. Eudicial determination of probable cause to be done by the Dudge for the purpose of issuing a warrant of arrest against the accused. B #)IST# )S. E$=8# A A;#=A% August .% 'H,HF 7"T#9 $nder the :uman Security ActPAnti0Terrorism aw% Republic Act 7o. N.4'% Approved on ;arch 3% 'HH4 and effective on Euly ,5% 'HH4 BThis aw shall be automatically suspended one B,F month before and two B'F months after the holding of any electionF a person may be ta+en into custody by the police if there is a written authorization by the Anti0 Terrorism Council and such detention may be e&tended upon written

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Prepared by: Atty. Larry D. Gacayan approval of the Commission of :uman Rights in case of actual or imminent terrorist attac+.. ?ec. 11. Period of detention without Dudicial warrant of arrest.0 The provisions of Article ,'5 of the Revised Penal Code% notwithstanding% any police or law enforcement personnel% 4h#, h!7i-5 8ee- 2,l9 !, h#'iMe2 i4'i i-5 89 he A- i-Te''#'i"0 C#,-(il has ta+en custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall% 2IT:"$T I7C$RRI78 A7> CRI;I7A IA<I IT> ?"R =# A> I7 T:# =# I)#R> "? =#TAI7#= P#RS"7S T" T:# PR"P#R E$=ICIA A$T:"RITI#S% =# I)#R SAI= C:AR8#= "R S$SP#CT#= P#RS"7 T" T:# PR"P#R E$=ICIA A$T:"RIT> 2IT:I7 A P#RI"= "? T:R## B.F =A>S counted from the moment said charged or suspected person has been apprehended or arrested% detained% and ta+en into custody by the said police% or law enforcement personnel9 Provided% That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 4 and e&amination of ban+ deposits under Section '4 pf this Act. The police or law enforcement personnel concerned shall% before detaining the person suspected of the crime of terrorism% present him or her before any Dudge at the latter6s residence or office nearest the place where the arrest too+ place at any time of the day or night. It shall be the duty of the Dudge% among other things% to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her% to in1uire of them the reasons why they have arrested the person and determine by 1uestioning and personal observation whether or not the subDect has been subDected to any physical% moral or psychological torture by whom and why. The Dudge shall then submit a written report of what hePshe had observed when the subDect was brought before him to the proper court that has Durisdiction over the case of the person thus arrested. The Dudge shall forthwith submit his report within . calendar days from the time the suspect was brought to hisPher residence or office. Immediately after ta+ing custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism% the police or law enforcement personnel shall notify in writing the Dudge of the court nearest the place of apprehension or arrest! provided% That where the arrest is made during Saturdays% Sundays% holidays or after office hours% the written notice shall be served at the residence of the Dudge nearest the place where the accused was arrested. The penalty of ,H years and , day to ,' years imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify any Dudge as provided in the preceding paragraph. ?ection 10. Period of =etention in the event of an actual or imminent terrorist attac+.0 In the vent of an actual or imminent terrorist attac+%% suspects may not be detained for more than three days without the written approval of a municipal% city% provincial or regional official of a :uman Rights Commission% or Dudge of the municipal% regional trial court% the Sandiganbayan or a Dustice of the Court of Appeals nearest the place of arrest. If the arrest is made during Saturdays% Sundays or holidays% or

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% the e&amination of the complainant ant the witnesses he may produce must be done personally by the Dudge.esolution of the Prosecutor findin3 <AR OPERATIONS %. "therwise% the warrant shall be void.'F 2A. As held in PEOPLE VS. BAsian Surety vs. 10. Ruiz% .NNH that when the 1uestions as+ed to the applicant for a search warrant was pre0typed% the same is not valid since there could have been no searching 1uestions.ay a 6ud3e deputiGe his (lerE of (ourt to taEe the deposition of the applicant for a search warrant sub6ect to clarificatory "uestions after his hearin3 in other cases? 7o. 12.$% <ARRISTERS= CL?< Page 44 of )3 .F specific offense.I7I78 T:# )A I=IT> "? A S#ARC: IS T:# P AC# STAT#= I7 T:# 2ARRA7T ITS# ?% 7"T 2:AT T:# APP ICA7TS :A= I7 T:#IR T:"$8:TS% "R :A= R#PR#S#7T#= I7 T:# PR""?S T:#> S$<.3% . .ay a 6ud3e &alidly issue a warrant of arrest based fro the *nfor ation and the . What are the different instances when a warrantless search and seiGure is allowed under our e#istin3 6urisprudence? 2arrantless search is allowed in the following instances9 . What warrant'? is a $scatter-shot It is a search warrant issued for more than one B.in P+L*. *n case the place to be searched as indicated in the search warrant is erroneous because it is different fro the place entioned by the applicants who searched the place indicated by the in their affida&it@ are the thin3s seiGed ad issible in e&idence? 7o. . CA..<AS#7 )S.ay a search warrant be issued for the cri es of search warrant for estafa@ falsification@ ta# e&asion and insurance fraud? 7o% such would be a *general warrant/ and violates the rule that a warrant shall be issued for one B. CA% '. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned! Provided% however% That within three days after the detention the suspects whose connection with the terror attac+ or threat is not established% shall be released immediately.. .. As held in <ache vs. %)$ SCRA CHH% 2:AT IS .NN5! P#"P # )S. Gacayan after office hours% the arresting police of law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested.ITT#= T" T:# C"$RT ISS$I78 T:# 2ARRA7T.C% . BP#"P # )S.4 SCRA K'. view! C.F specific offense li+e a search warrant issued for more than one specific offense li+e one for estafa% robbery% theft and 1ualified theft/. Larry D.AT#RIA I7 =#T#R.H. :errera% 5C SCRA . BTA. stop and fris+ measures. 1:. . customs searches! searches of moving vehicle! seizure of evidence in plain consented searches! 5. CA% 7ovember . P#"P #% Euly . '.3 SCRA .F 21.*(AL LAW Prepared by: Atty. As such% the SC held in P#7="7 )S. AR$TA% 'KK SCRA 3'3F 11. search incidental to a lawful arrest! and 3.

B. As to the re"uire ent that the 6ud3e ust $personally' deter ine probable cause@ ust he e#a ine the co plainant and his witnesses face to face in order to co ply with the said constitutional pro&ision? It depends.F personally evaluate the reports and the supporting documents submitted by the fiscal regarding the e&istence of probable cause and% on the basis thereof% issue a warrant of arrest! B'F If on the basis thereof he finds no probable cause% he may disregard the fiscalQs report and re1uire the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the e&istence of probable cause. Inting reiterates the following doctrines9 B.&4-&7). )).a+asiar% decided under the . It is the report% the affidavits% the transcripts of stenographic notes% and all other supporting documents behind the prosecutorQs certification which are material in assisting the Dudge to ma+e his determination. <y itself% the prosecutorQs certification of probable cause is ineffectual. As held in the case of Soliven vs.@ON. Larry D.F The determination of probable cause is a function of the <AR OPERATIONS %. FELIG .F Preliminary in1uiry should be distinguished from the preliminary investigation proper. G. There will be no basis for the issuance since the Prosecutor is neither the complainant nor the witness to the case. :e could not have determined probable cause based from the said documents. AND MAFOR S?SANA LIM VS. . Constitution to issue warrants to other respondent officers as to may be authorized by law does not re1uire the Dudge to personally e&amine the complainant and his witness in his determination of probable cause for the issuance of a warrant of arrest. It merely assist him to ma+e the determination of probable cause.NK4 Constitution% the Court noted that the addition of the word personally after the word determined and the deletion of the grant of authority by the .2hat the Constitution underscores is the e&clusive and personal responsibility of the issuing Dudge to satisfy himself of the e&istence of probable cause. :onorable #nri1ue <. 22. 2hile the former see+s to determine probable cause for the issuance of warrant of arrest% the latter ascertains whether the offender should be held for trial or be released. The Dudge does not have to follow what the prosecutorQs present to him.$% <ARRISTERS= CL?< Page 4& of )3 . B'F The preliminary in1uiry made by the prosecutor does not bind the Dudge. NO.N4. The case of People vs.in P+L*. ?ollowing established doctrine and procedures% he shall9 B.R. "nly the Dudge alone ma+es this detemination. Gacayan probable accused? cause a3ainst the Dudge.*(AL LAW Prepared by: Atty. In connection with the issuance of a warrant of arrest% however% the word :1e'"#-!ll9/ after the word determined does not necessarily mean that the Dudge should e&amine the complainant and 7o. BVICENTE LIM. In connection with the issuance of a S#ARC: 2ARRA7T% he must personally e&amine the complainant and the witnesses% with searching 1uestions% face to face. It is not for the Provincial ?iscal or Prosecutor nor for the #lection Supervisor to ascertain.SR. N.

7ote% however% that in .NN'% '. Such search is valid only if covered by Section 5% Article . As such% there is no need to e&amine the complainant and his witnesses face to face. As the policemen ran after them% an unlicensed firearm was confiscated.#78"T#% 8. SOLIVEN VS. BP. .*(AL LAW Prepared by: Atty. CA% 'K.2i"e08!'>i-5 6'#0 ! "hi1 4i h#. 4!''!.H SCRA . In fact% he can re1uire the Prosecutor to submit additional evidence if he is not convinced of the e&istence of probable for the issuance of a warrant of arrest.h! he ".!-!C <AR OPERATIONS %..NN4.F.R.H SCRA C35! Placer vs. 2!. 4!''!8!"e2 "#lel9 #.5N% the SC held that mere suspicions not sufficient to validate warrantless arrest.in P+L*. SCRA . of the Rules of Court which provides9 Sec. *s the 6ud3e bound by the findin3s of e#istence of $probable cause' by the Prosecutor as indicated in his (ertification in the infor ation so that the issuance of a warrant of arrest is only inisterial? *f not satisfied of the e#istence of probable cause@ ay the 6ud3e re"uire the Prosecutor to sub it additional e&idenceL The Dudge is not bound by the findings of the Prosecutor because the said finding is only *probable cause/ that a crime was committed. Gacayan his witnesses personally or face to face before issuing the warrant of arrest but the e&clusive responsibility on the part of said Dudge to satisfy himself of the e&istence of probable cause. 7o. Compare this case to . K4H5N% Eune% . Arrest without warrant! when lawful. M!9 he Il#il# P#li(e !''e" " 4i h#. vs.0 A peace officer or private person may% without warrant% arrest a person9 BaF 2hen% in his presence% the person to be arrested has committed% is actually committing% or is attempting to commit an offense! BbF 2hen an offense has in fact Dust been committed% and he has personal +nowledge of facts indicating that the person to be arrested has committed it! and BcF 2hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final Dudgment or temporarily confined while his case is pending% or has escaped while being transferred from one confinement to another.4C% *"P#RATI"7 MAPMAP/ or warrantless search without probable cause is unconstitutional.'el!9e2 # he0 89 !.!.'3 SCRA C3.. The policemen saw several suspicious loo+ing men at dawn who ran when they went near them. )illanueva% . 5. Larry D.i-6#'0! i#.#' "e!'(h he 1e'"#.. MADASIAR. $/7 SCRA 3)3 23."1e( =" 8!5 (#.A ACAT )S. The search was declared valid by the Supreme Court. Probable cause to Dustify the issuance of a warrant of arrest is a Dudicial function vested only in the Dudge. %&. It is sufficient if the Dudge is convinced of the e&istence of probable cause upon reading the affidavits or deposition of the complainant and his witnesses.A7A I I )S. P#"P #% "ctober N% .$% <ARRISTERS= CL?< Page 4/ of )3 . )illanueva% .!i-" 0!'iL.i-6#'0!. *s N+peration QapEapN bein3 done by the police because the suspect has so ethin3 bul3in3 in his waist and Eeeps on touchin3 his abdo en as if touchin3 a 3un &alid? As held in P#"P # )S.

GALVEB.. 3&& SCRA %4/) 21. 2:. G. *n arrests without warrant based on the fact that a cri e has 6ust been co itted@ what Eind of Enowled3e is re"uired on the part of the arrestin3 officer? In PEOPLE VS.7+-+. ROGELIO SOL?TA. As such% if accused was arrested while inside a Deepney% there is no valid search incidental to a valid arrest if she will be brought to her residence and thereafter search the said place.in P+L*. VS. :e was not even acting suspiciously. CA% 'KK SCRA 5KK% if the accused was arrested in the street during a buy0 bust operation% the search of his <AR OPERATIONS %. Gacayan 7o.!'9 $8. he S.#= 2AI)#=.' hel2 h! t he policeman arrested the accused0appellant on the basis solely of what Reynaldo Castro had told him and not because he saw the accused0appellant commit the crime charged against him. 8$&/$.1'e0e C#. +!-. INC. GALVEB. ET AL. :e had not committed nor was actually committing or attempting to commit an offense in the presence of the arresting officers.$% <ARRISTERS= CL?< Page 47 of )3 .8 'C"& 35$ a warrantless arrest of the accused was unconstitutional. &22+. BPEOPLE OF T@E P@ILIPPINES VS. Considering that the accused0appellant was not committing a crime at the time he was arrested nor did the arresting officer have any personal +nowledge of facts indicating that accused0 appellant committed a crime% his arrest without a warrant cannot be Dustified. Indeed% the prosecution admitted that there was no warrant of arrest issued against accused0appellant when the latter was ta+en into custody. In short% there was no probable cause that% as the prosecution incorrectly suggested% dispensed with the constitutional re1uirement of a warrant.$ST <# .A=# <#?"R# :# #7T#RS :IS P #A% "T:#R2IS#% T:# "<E#CTI"7 IS =##. (.. 22.*(AL LAW Prepared by: Atty.R. What is the effect on the ille3ality of the arrest by the subse"uent act of the accused in postin3 bond for his pro&isional liberty and enterin3 a plea durin3 his arrai3n ent? <y entering a plea of not guilty during the arraignment% the accused0appellant waived his right to raise the issue of illegality of his arrest.) 20. $3) SCRA &4$% a search incidental to a valid arrest must be done at the place where the accused is arrested or its immediate vicinity or on the person of the accused. $))$P SILA@IS INTERNATIONAL @OTEL. Larry D. IT IS 7"2 S#TT #= T:AT "<E#CTI"7 T" A 2ARRA7T "? ARR#ST "R T:# PR"C#=$R# <> 2:IC: A C"$RT ACI$IR#S E$RIS=ICTI"7 ")#R T:# P#RS"7 "? A7 ACC$S#= . 3&& SCRA %4/. *s a warrantless search and seiGure by a pri&ate indi&idual &alid? >es since the constitutional provision is not applicable to him. "r as held in #SPA7" )S. What are the re"uisites of a &alid search incidental to a &alid arrest? As held in NOLASCO VS. NO. BPEOPLE VS. ANDRE MARTI. This was effected while he was coming down the vessel% to all appearances no less innocent than the other disembar+ing passengers. T:# ?ACT T:AT T:# ARR#ST 2AS I #8A ="#S 7"T R#7=#R T:# S$<S#I$#7T PR"C##=I78S )"I= A7= =#PRI)# T:# STAT# "? ITS RI8:T T" C"7)ICT T:# 8$I T> 2:#7 A T:# ?ACTS P"I7T T" T:# C$ PA<I IT> "? T:# ACC$S#=. As held in P1!P01 vs. PANO. 48% SCRA //.

"e2 !" e7i2e-(e !5!i-" he !((.hi" (!' 4hi(h 4!" 1!'>e2 i. In order that there is a valid consent to a warrantless search% the consent must come from the person directly affected by said warrantless search. Is the <AR OPERATIONS %. 3A.PEOPLE VS.. CANNOT <E SAID TO @AVE <EEN MADE D?RING AN ILLEGAL SEARC@ 8e(!. 32. VALDEB. 3&4 SCRA 338) 31.(h.in P+L*. GO.? 7o.e2i"(#7e'9 i.'e #6 !."e2 # L.! 2i" !. +D . . ".le"" !''e" ) .!6 e' hi" 4!''!.1!.*(AL LAW Prepared by: Atty.8"e3. DAMASO.'0a. -# 2. 7o warrant is necessary in such a situation% it being one of the recognized e&ceptions under the Rules..><. PEOPLE VS. A" "... As a conse1uence of the accused6s valid warrantless arrest inside the nightclub% he may be lawfully searched for dangerous weapons or anything which may be used as proof of the commission of an offense% without a search warrant in accordance with Section .1l!(e 6'#0 4he'e he ille5!l 1#""e""i#.F> +W<>.#. Thereafter% the police went to the place of the accused and it turned out that the information was correct. ! 4!''!-#' (#-"e. What is the $plain &iew doctrine' in connection with warrantless search and seiGure? A" hel2 i.'% Rule .-li(e-"e2 6i'e!'0 iPe#1le 7".-2e' he eA(l." i69 ! "e!'(h 4i h#.$% <ARRISTERS= CL?< Page 48 of )3 ." i69 he "eiM.!l # ! 7!li2 !''e" . he $plain &iew' doctrine. %$% SCRA &47 abandoned the ruling in opez vs. .#6 6i'e!'0 4!" (#00i e2 H!6 e' he 'e3. 4!''!.e # "e!'(h i-(i2e. *f the accused was &alidly arrested without warrant inside a ni3ht club for ille3al possession of firear @ ay the arrestin3 officers &alidly search his car parEed se&eral eters fro the place of arrest based on $search incidental to a &alid arrest'? 2here the gun tuc+ed in a person6s waist is plainly visible to the police% no search warrant is necessary and in the absence of any license for said firearm% he may be arrested at once as he is in effect committing a crime in the presence of the police officers.#6 he #((. Larry D.(h."e #6 hi" (#-"e.he'ei-.=" 2##' 4i h#. :1l!i. This is a valid search incidental to a lawful arrest.8e .F .-li(e-"e2 6i'e!'0"."i#-!'9 '.. APPLIES ONLF W@ERE T@E POLICE OFFICER IS NOT SEARC@ING FOR EVIDENCE AGAINS T@E ACC?SED.5 1!'!1he'-!li! !-2 "h!8. A" ".7ie4 2#( 'i-e (#. D!0!"#. W*. The accused was arrested and the police too+ his pictures infront of his mariDuana plants and other pictures with him after uprooting the same.F> (+<?><. he ".. 2'. #6 ! 2'. +D .1'!.6!( .le !-2 he . (PEOPLE VS. <?T INADVERTENTLF COMES ACROSS AN INCRIMINATING O<+ECT.F> APA. Commissioner. The police received an information that accused6s house is surrounded by fully grown mariDuana. 34$ SCRA %&.ay the police authorities &alidly search the rented apart ent of a suspect without a search warrant or without the consent of the said person 45..#1 #6 ! !8le !6 e' he #1e-i-5 #6 he !1!' 0e. he i e0" 2# -# 6!ll .e" e2 h! he 4ill 8'i-5 hi" (!' # he P#li(e S ! i#. 4hi(h 4!" "ee. I.5 1!'!1he'-!li! !-2 he "h!8.l2 -# 8e . 4hi(h 0!9 L. Gacayan house nearby is not a valid search incidental to a valid arrest. (!.'3."e2.

NKNF 3).. 3!. In order that the plain view doctrine could be validly applied% the mariDuana plants must have been I7A=)#RT#7T > ?"$7=. Larry D. K'K4H% =ecember . Define probable cause in connection with the issuance of a search warrant.% . The oath re1uired must refer to the truth of the facts within the personal +nowledge of the applicant of a search warrant andPor his witnesses% not of the facts merely reported by a person whom one considers to be reliable. %$. The Gprobable causeG for a valid search warrant% has been defined Gas such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed% and that the obDects sought in connection with the offense are in the place sought to be searchedG. LAFAG?E. <AR OPERATIONS %.C% .8e hel2 li!8le 6#' 2!0!5e (!.anila S People of the Philippines% 8R 7o.!-2 he !66i!. *s an unlicensed firear seiGed in the house of the accused without warrant by the ilitary authorities@ after they were 3i&en consent by the said owner of the house for the to search for rebel soldiers@ ad issible in e&idenceL 7o. 7or can it be Dustified under the plain view doctrine. A==IS"7% 'K P:I ..$% <ARRISTERS= CL?< Page 4) of )3 . )S. This probable cause must be shown to be within the personal +nowledge of the complainant or the witnesses he may produce and not based on mere hearsay. What is the $sufficiency test' in connection with applications for a search warrant? GThe true test of sufficiency of a deposition or affidavit to warrant issuance of a search warrant is whether i 4!" 2'!4.ay the police and ilitary authorities &alidly search the citiGens without warrant in checEpoints set up by the ? What is the e#tent of the search that they ay conduct? In RICAR=" )A . 533F.'9 (#. T:# :"7.NKKF. .% . 334! A )AR#O )S.in P+L*.NKK% September 'N% . 34$ SCRA %&) 33. :owever% the Supreme Court clarified that the military officers manning the chec+points may conduct )IS$A S#ARC: "7 >% 7"T <"=I > S#ARC:.NKN% the Supreme Court held that warrantless searches and seizures in military and police chec+points are not illegal as these measures to protect the government and safeguards the lives of the people. 7#.! $S )S. SCRA )7% the Supreme Court held that the owner of the house allowed the policemen to enter his house because they will be searching for rebel soldiers but when inside the house% they instead seized an unlicensed firearm. #(#C$TI)# E$=8# A<# AR=" . The chec+points are legal as where the survival of the organized government is on the balance% or where the lives and safety of the people are in grave peril."7T# )S. S> E$C"% 3C P:I . K. 8#7 R#7AT" =# )I A% 8R 7o."e2. Gacayan seizure of the mariDuana plants Dustified under the *plain view doctrine/L 7o% the seizure is not valid. In this case% the policement went there specifically to loo+ for it. BP. BPEOPLE VS. 7<I% Eune '. C?I% 3C P:I . BIuintero vs.! 0!--e' h! 1e'L.G B=R.#SI" PR$=#7T# )S. . In VEROF VS.l2 8e (h!'5e2 he'e#.i. As such% there was no consent to search for firearms and as a conse1uence% the firearm is not admissible as evidence.*(AL LAW Prepared by: Atty.. 3:. VALDEB. =A>RIT% RTC .

3.F In fact% when the statements in the affidavits of witnesses are mere generalities% mere conclusions of law% and not positive statements of particular acts% the warrant issued by virtue thereof is not valid. Gacayan 32. Ponsica vs.. SALVANI. CA% .$% <ARRISTERS= CL?< Page &. If the offense committed is a serious one li+e that obtaining in this case for murder% the Eudge must issue a warrant of arrest after determining the e&istence of probable causeF 31. GOBO VS.erroris Law@ . Ignalaga% Euly . 7ote9 This case involves a minor offenseF '. SCRA . What is the effect on the e&idence obtained in &iolation of ?ections 2 and 3 of Article ***? Any evidence obtained in violation of Sections ' and .CC% it was held that the master copy of the allegedly pirated tape should be presented before the Dudge in order to convince him of the e&istence of probable causeF !A. TAC-AN.in P+L*.3C SCRA 355 and C" $. *f the applicant for a search warrant testifies that his Enowled3e of the facts and circu stances was deri&ed fro a $hi3hly reliable infor ant'@ would such fact sufficient to con&ince the court of the e#istence of $probable cause'? 7o% +nowledge based on hearsay information does not Dustify the e&istence of probable cause.arch :@ 2AA2 and effecti&e on Kuly 1)@ 2AA2@ ay police authorities the listen to@ intercept and record@ with the use of any ode@ for or Eind or type of electronic or other sur&eillance e"uip ent or interceptin3 and tracEin3 de&ices@ or with the use of any other suitable ways or eans for that purpose@ any co unication@ essa3e@ con&ersation@ discussion@ or spoEen or written words of a person without &iolatin3 the ri3ht to pri&acy? >es under Sections 4 and K of the law which provides9 ?ection 2. CA% '3.. BPrudente vs.. of Article III shall be inadmissible for any purpose in any proceeding.NK4F 30. SCRA %/&.<IA PICT$R#S )S. of )3 . *n the seiGure of alle3ed pirated tapes@ what ust the applicant sub it to the court in order that the search warrant to be issued shall be &alidL In Century ?o& vs. SEPTEM<ER %/. As such% if the court believes that the presence of the accused could be had even without a warrant of arrest% then he may not issue said warrant. =ayrit% supra. SAM?LDE VS. 5nder the Fu an ?ecurity ActHAnti-.epublic Act <o. *f the 6ud3e finds that thereOs probable cause@ ust he issue a warrant of arrest as a atter of courseL It depends9 . The provisions of RA C'HH BAnti0 2iretapping awF to the contrary notwithstanding% a police or law enforcement official and the members of his team may% upon a written order of the Court of Appeals% listen to% intercept and record% with <AR OPERATIONS %. !1.%. Larry D. Surveillance of suspects and interception and recording of communications. $)88 B7o because a warrant is issued in order to have Durisdiction of the court over the person of an accused and to assure the court of his presence whenever his case is called in court.*(AL LAW Prepared by: Atty. 0322@ Appro&ed on .

*(AL LAW Prepared by: Atty. Larry D. 0322@ Appro&ed on . Provided% That surveillance% interception and recording of communications between lawyers and clients% doctors and patients% Dournalists and their sources and confidential business correspondence shall not be authorized.in P+L*.epublic Act <o. Application to deposits% accounts and The written order of the CA authorizing the e&amination of ban+ deposits% placements% trust accounts% assets and records9 A person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism! "f a Dudicially declared and outlawed terrorist organization or group of persons! "f a member of such Dudicially declared and outlawed organization% association or group of persons% in a ban+ or financial institution0 0S:A "7 > <# 8RA7T#= <> T:# A$T:"RIOI78 =I)ISI"7 "? T:# CA $P"7 A7 #(0PART# APP ICATI"7 T" T:AT #??#CT "? A P" IC# "R A2 #7?"RC#. 5nder the Fu an ?ecurity ActHAnti-. Gacayan the use of any mode% form or +ind or type of electronic or other surveillance e1uipment or intercepting and trac+ing devices% or with the use of any other suitable ways or means for that purpose% any communication% message% conversation% discussion% or spo+en or written words between members of a Dudicially declared and outlawed terrorist organization% association% or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. Eudicial authorization re1uired to e&amine ban+ deposits% accounts and records. e&amine records. The Dustices of CA designated as special court to handle anti0terrorism cases after satisfying themselves of the e&istence of probable cause in a hearing called for that purpose that9 0 A person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism! 0 "f a Dudicially declared and outlawed terrorist organization or group of persons! 0 "f a member of such Dudicially declared and outlawed organization% association or group of persons% may authorize in writing any police or law enforcement officer and the members of his team duly authorized in writing by the anti0 terrorism council to9 e&amine or cause the e&amination of% the deposits% placements% trust accounts% assets% and records in a ban+ or financial institution! and gather or cause the gathering of any relevant information about such deposits% placements% trust accounts% assets% and records from a ban+ or financial institution. It provides9 ?ection 22.erroris Law@ .$% <ARRISTERS= CL?< Page &$ of )3 .arch :@ 2AA2 and effecti&e on Kuly 1)@ 2AA2@ ay police authorities e#a ine the banE accounts of indi&iduals without &iolatin3 their ri3ht to pri&acy? >es under Sections '4 and 'K of the said law. 21. The ban+ or financial institution shall not refuse to allow such e&amination or to provide the desired information% when so ordered by and served with the written order of the Court of Appeals. ?ec. !2.#7T "??ICIA who has been duly authorized by the Anti0Terrorism Council to file such e&0parte application and upon e&amination under oath or affirmation of the applicant and his witnesses he may <AR OPERATIONS %.

in P+L*. The i01#' !-(e # he S ! e !-2 # "#(ie 9 #6 ".S. '5C where the $S Supreme Court held9 :Ni i" #6 he . CO?RT OF APPEALS * RAMON LA<O. S$ I)A7% .#S )S. 0#" (#-"e3. B$S vs.K @. $))/% the evidence obtained by the wife who forcibly opened the drawers at the clinic of her doctor0husband and too+ diaries% chec+s and greeting cards of his alleged paramours is inadmissible as evidence.ay a wife &alidly seiGe the diaries@ checEs and 3reetin3 cards of the alle3ed para ours of her husband in the latter%s clinic and use the sa e as e&idence in a le3al separation case between the ? As held in B?L?ETA VS.!l" 0. *s the freedo of speech and e#pression affected by the Fu an ?ecurity Act? >es% under ?ection 2: of the law% it provides that persons who have been charged with terrorism or conspiracy to commit terrorism000 even if they have been granted bail because evidence of guilt is not strongTcan be9 *Prohibited from using any cellular phones% computers% or other means of communications with people outside their residence. S#=A7"% . !-2 he !27!..F !). <ustos% .(h i-L..l2 2i"(..8li( 4el6!'e. h! he9 0#'e h!(#.. Fe8'.43 $.. !3. Larry D.$% <ARRISTERS= CL?< Page &% of )3 . The interest of the government and the society demands full discussion of public affairs. 444 SCRA %8 @7ovember '5% 'HHC % the article involving a private individual running for .ayor of <aguio City is still within the mantle of protection guaranteed by the freedom of e&pression provided in the Constitution since it is the public6s right to be informed of the mental% moral and physical fitness of candidates for public office.(h 2i"(. This was recognized as early as the case of $S )S.NHNA and the case of 7#2 >"RM TI. !-2 #((!"i#-!l i-L. ./ !!. What is the rule on criticis on the acts of public officers? s A public official should not be too onion0s+inned with reference to comments upon his official acts.!'9 $.""i#-" i" "# 7!" .4 Phil.( 0!9 8e i-7#l7e2.66'!5e".e-(e h! he 1e#1le "h#.5h ! i0e" ".e'8!l!-(e he i-(#-7e-ie-(e #6 1'i7! e 1e'"#-" 4h#"e (#-2. 4."" he (h!'!( e' !-2 3. !3. ! i#-" #6 i-2i7i2.!li6i(! i#-" #6 (!-2i2! e" 6#' hei' ".'9 <AR OPERATIONS %. CA.'9 # he 'e1." 9iel2 # he 1. Gacayan produce to establish the facts that will Dustify the need and urgency of e&amining and freezing the ban+ deposits% placements% trust accounts% assets and records9 "f A person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism! "f a Dudicially declared and outlawed terrorist organization or group of persons! "f a member of such Dudicially declared and outlawed organization% association or group of persons. +R. .ay the abo&e rule applicable to pri&ate indi&iduals who are public fi3ures or pri&ate indi&iduals who are candidates for public office? As held by the Supreme Court in the case of <AG?IO MIDLAND CO?RIER * CECILLE AFA<LE VS. This is so because the intimacies of husband and wife does not Dustify the brea+ing of cabinets to determine marital infidelity. . !l h#.*(AL LAW Prepared by: Atty.!5e" 2e'i7e2 "# 5'e! .C Phil.

.0.(h 2i"(.#7TAT"R6S C:"IC# "? T:# ?"R$. !0. e 6!i' (#00e#.e" i#-e2 !' i(le" (#-" i . (+. California% .$% <ARRISTERS= CL?< Page &3 of )3 .iller vs. h! ". A City . What obscenity? are the tests of The three B. 2hether the average person applying to contemporary community standards would find the wor+ appeals to prurient interest! 2hether the wor+ depicts or describes a patently offensive se&ual conduct! 2hether the wor+ as a whole lac+s serious literary % artistic% political or scientific value.ay the (ity .R. BPita vs.8li( i. IT IS STI A R#STRICTI"7 "7 T:# C" $.>L>( itselfL 7o% such would be an undue interference on the freedom of e&pression. b.7IST% A77"$7C#R "R C". . 7".N are9 a. The 1.i# Ci 9 ! h! i0e.8li( 8e-e6i 6'#0 1. Gacayan 0!9 8e 5'e! .8li(i 9 i" "# 5'e! !-2 he (h!-(e #6 i-L.ayor may not order the warrantless seizure of magazines which he believes to be obscene! otherwise% he will become the complainant% prosecutor and Dudge at the same time. .*(AL LAW Prepared by: Atty.ayor order the confiscation without a search warrant a3aGines which he belie&es to be obscene? What is the correct procedure for hi to follow? 7o.4K SCRA . Larry D. The peopleQs right to be informed and to be able to freely and intelligently ma+e a decision would be better served by access to an unabridged discussion of the issues% I7C $=I78 T:# ?"R$. The people affected by the issues presented in a plebiscite should not be unduly burdened by restrictions on the forum where the right to e&pression may be e&ercised. )A.+ /.ay public school teachers &alidly file ass lea&es@ instead of 3oin3 on striEe@ after their <AR OPERATIONS %. BPA4L*.in P+L*.>L>(@ 8.'9 # 1'i7! e (h!'!( e' "# "0!ll. NHK4K% Eanuary 'N% .""i#. : Cle!'l9. !:.e'e" !" i 2e!l 4i h he (h!'!( e' #6 he 1'i7! e 'e"1#-2e4h# 4!" '. 2:#R# :# ./ co entator for co entin3 for or a3ainst any issue durin3 the plebiscite period since they can air their &iews in a pro3ra sponsored by the (+.A> #(PR#SS :IS )I#2.<!5..3'F. CA% . What are the re"uisites that a newspaper ust co ply in order that its news ite on an on3oin3 trial in court will not be actionable for bein3 libelous? In #lizalde vs." 8e 1'i7ile5e2. ?A<*DAD /?. Plebiscite issues are matters of public concern and importance.ay the (+.F tests as held in . #d.. 8utierrez%43 SCRA CCK% it was held that in order that any news item relating to a Dudicial proceeding will not be actionable% the same must be @aA a true and fair report of the actual proceedings! @bA must be done in good faith! and @cA no comments nor remar+s shall be made by the writerU !1. he 3.! 0! e' #6 1.>L>( &alidly prohibit colu nists@ radio announcers and .--i-5 6#' he #1 ele( i7e 1#" i.NNHF !2. 'd C. :e should obtain a search warrant from a Dudge by following the procedure laid down by the Rules on how to secure a search warrant.4 . c.

!-2 GA<RIELA vs.ayor LITO ATIENBA% Chief of the Philippine 7ational Police% 8en. 7either is the law overbroad.*(AL LAW Prepared by: Atty.R. LOMI<AO. B<angalisan vs.anila City . It is very clear that it deals only on public assemblies that deals with rallies% mass actions and similar acts and not all +inds of public assemblies. DARAPATAN. What is the procedure to be followed in the application of rally per its before the (ity or . .9 of the Arroyo Ad inistration towards rallyists constitutional? The Court reiterates its basic policy of upholding the fundamental rights of our people% especially freedom of e&pression and In 8#SIT# et al. Thereafter% his decision% whether favorable or adverse% must be transmitted to them at the earliest opportunity. Such application should be filed well ahead in time to enable the public official concerned to appraise whether there may be valid obDections to the grant of the permit or to its grant but at another public place. Thus if so minded% they can have recourse to the proper Dudicial authority.ay% 'HH3F )2. If he is of the view that there is such an imminent and grave danger of a substantive evil% the applicants must be heard on the matter. DIL?SANG MAG<?<?DID NG PILIPINAS (DMP). vs. )3. held that *these mass actions were to all intents and purposes a stri+e! they constituted a concerted and unauthorized stoppage of% or absence from% wor+ which it was the teachers6 duty to perform% underta+en for essentially economic reasons.ATI"7S "? $7I"7S "R ASS"CIATI"7S "7 >% 2IT:"$T I7C $=I78 T:# RI8:T T" STRIM#.#= C"7TR" I78.NF )1. B<AFAN./ It is undisputed fact that there was a wor+ stoppage and that petitioners6 purpose was to realize their demands by withholding their services. VIDAL K?EROL. ART?RO M. The right of government employees to organize IS I. It is an indispensable condition to such refusal or <AR OPERATIONS %. It regulates the e&ercise of the right to peaceful assembly and petition #-l9 # the e&tent needed to avoid a clear and present danger of the substantive evils Congress has the right to prevent.in P+L*.IT#= T" T:# ?"R. Ge-. The fact that the conventional term *stri+e/ was not used by the stri+ing employees to describe their common course of action is inconse1uential% SI7C# T:# S$<STA7C# "? T:# SIT$ATI"7% A7= 7"T ITS APP#ARA7C#% 2I <# =##. *s the (alibrated Pree pti&e .$% <ARRISTERS= CL?< Page &4 of )3 .esponse 7(P. Gacayan de and to the 3o&ern not et' ent was modification that the clear and present danger test be the standard for the decision reached. PEDRO <?LAONG% 8. NCRPO Chief M!L. and 2estern Police =istrict Chief Ge-. CA% '43 SCRA 3.ayor in accordance with 4P 4ilan3 11A? The applicants for a permit to hold an assembly should inform the licensing authority of the date% the public place where and the time when it will ta+e place.3NKCK% . As such% it is not vague. *s 4P 11A unconstitutional for bein3 &a3ue 7/oid for /a3ueness Doctrine9 and o&erbroad 7+&erbreadth DoctrineFL 7o.unicipal . If it were a private place% only the consent of the owner or the one entitled to its legal possession is re1uired. ED?ARDO ERMITA% in his capacity as #&ecutive Secretary% . C"$RT "? APP#A S% CCC SCRA 5. 7o. Larry D.

:e is prevented from hosting the program during the succeeding days even if he will Dust say the * ord6s Prayer/ or to greet *good morning/ to his viewers. LOMI<AO.P. and 2estern Police =istrict Chief Ge-. "n the other hand% <. %. VIDAL K?EROL. 7o.$% <ARRISTERS= CL?< Page && of )3 . CEASAR G.*(AL LAW Prepared by: Atty. $7. FELICISIMO G. in damages for the losses suffered by <ombo Radyo as a result of the illegal closure. It merely confuses our people and is used by some police agents to Dustify abuses. It shall pay P. ?ar from being insidious% *ma&imum tolerance/ is for the benefit of rallyists% not the government. <AGNOS MAGIMO. ED?ARDO ERMITA% in his capacity as #&ecutive Secretary% . !-2 GA<RIELA vs. N#". 7o. . Distin3uish $clear and present dan3er'@ $dan3erous tendency rule' and $balancin3 of interest test'.in P+L*.R..ay the . validl> close the ?ombo "adio 'tations therein on the ground that their building was constructed on an “agricultural land” #that is wh> the Cit> did not issue business permit for it to operate% which has not been converted to “commercial land” b> the -&" despite the fact that it has been there for so man> >ears and was Huestioned onl> when the said station was critical of the ->Cs in +sabela who own the onl> other radio station thereinF A.anila City . Ge-. (NEWSO?NDS <ROADCASTING NETWORD INC !-2 CONSOLIDATED <ROADCASTING SFSTEM. NCRPO Chief M!L. 2a> the Cit> of Caua>an. ART?RO M. DF. ?or this reason% the so0called calibrated preemptive response policy% the policy of dispersing rallyists through water cannons% has no place in our legal firmament and must be struc+ down as a dar+ness that shrouds freedom. G. @ON. RACMA FERNANDEB-GARCIA !-2 T@E CITF OF CA?AFAN. PEDRO <?LAONG% 8. DARAPATAN. Clear and present danger and dangerous tendency rule Bwhether the words used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the State has the right to preventF =angerous tendency rule BIf the words uttered create a dangerous tendency which the State <AR OPERATIONS %.ayor LITO ATIENBA% Chief of the Philippine 7ational Police% 8en..%7.. It constitutes *prior restraint/. (<AFAN. The act of the City of Cauayan% Isabela constitutes prior restraint.(4 suspend for three 739 onths the airin3 of the pro3ra An3 Datin3 Daan of 4rother >liseo ?oriano as a result of &ul3ar and uncouth lan3ua3e he uttered a3ainst the host of the pro3ra An3 .a an3 Daan of the *3lesia <i Qristo? >es as *subse1uent punishment/. .TRC< BS"RIA7" )S. *$7)4$$. Larry D.H. Gacayan freedom of assembly. The delegation to the mayors of the power to issue rally *permits/ is valid because it is subDect to the constitutionally0sound *clear and present danger/ standard. MEER. Per Eustice Antonio CarpioA N3Ea. DIL?SANG MAG<?<?DID NG PILIPINAS (DMP). KKH cannot be condemned as unconstitutional! it does not curtail or unduly restrict freedoms! it merely regulates the use of public places as to the time% place and manner of assemblies.ay% 'HH3F )!. A1'il %.3NKCK% . A8$AR=IA% April 'N% 'HHNF @=issenting "pinion9 The suspension of the program is illegal. 7". In fact% it is a valid *prior restraint/ measure on the part of the . INC.R.)) )!-b. +sabela.

5 'C"& @.ay the other of a urdered .1'e0e C#. Larry D. I7 the first% such freedom is absolute.ay ?enator Kuan Ponce >nrile pre&ent the o&ie producer of the >D?A * . !. 8..F )). )1.#6 he M# i#6#' Re(#-"i2e'! i#-). SOLEDAD ESCRITOR. . )2. B&Y1" P"!-7CT+!.' hel2 h! "he i" -# li!8le 6#' grossly immoral conduct because9 She is a member of the Eehovah6s 2itnesses and the 2atch Tower Society! That the conDugal arrangement was in conformity with their religious beliefs! That the conDugal arrangement with Iuilapio has the approval of her congregation. To e&clude him as integral part of the revolution would be a distortion of history.ay a Keho&ah%s Witnesses . . Gacayan has the right to prevent% then such words are punishableF The balancing0of0interest test B2hen a particular conduct is regulated in the interest of the public order% and the regulation results in an indirect% conditional% partial abridgment of speech% the duty of the courts is to determine which of the ' conflicting interests demand greater protection under the circumstances presented. 1T &0. :e may not be punished even if he cannot prove what he believes.+D>??*+< A<D Distin3uish each. he S. #scritor li+ewise claimed that she had e&ecuted a *=#C ARATI"7 "? P #=8I78 ?AIT:?$ 7#SS/ in accordance with her religion which <AR OPERATIONS %. In the second% if the individual e&ternalizes what he believes% his freedom to do so becomes subDect to the authority of the State.ayor stop the fil in3 of the life story of her son which would include his alle3ed lo&e affairs which would blacEen his e ory? >es."+01. P!.*(AL LAW Prepared by: Atty. i#. #&ample9 *8o forth and multiply000cannot marry several times Dust to comply.+ .*GF.. K7-:1 C&P70!. This is so because religious freedom can be e&ercised only with due regard to the rights of others.(6 ):.e ber who is the (ourt *nterpreter of .( 4ranch 2)3@ Las Pinas (ity@ be held liable for $3rossly i oral conduct' for li&in3 with a arried an while her &ery own arria3e was still subsistin3L 7o. As held in ESTRADA VS.e&olution o&ie fro includin3 his participation durin3 the uprisin3 since it &iolates his ri3ht to pri&acy? 7o% as between #nrile6s right to privacy and the freedom of e&pression on the part of the movie producer% the latter6s right prevail because #nrile6s part in the movie deals solely on his acts as a public officer then.in P+L*. :e may indulge in his own theories about life and death! worship any god he chooses% or none at all. . B agunzad vs.?F*P ? F'ee2#0 # 8elie7eP !-2 F'ee2#0 # !( .$% <ARRISTERS= CL?< Page &/ of )3 .>L*G*+5? P.:. Since the movie producer is primarily after profits only% the right to privacy shall prevail. What are the two 729 aspects of the . 4)% SCRA $ (Re"#l. 4. . (.8 SCRA $. *'. K7&. W+. 8onzalesF. As between the right to privacy invo+ed by the mother and the freedom of e&pression invo+ed by the movie producer% the state shall balance their respective interests.C1 1.

ARC"S% #T A .R. The doctrine laid down in :erona vs.NKN and the Resolution of the .in P+L*.!((#'2!-(e 4i h hi" (#-" i . i#-!l 'i5h # '!7elC 7o. :"7.'.*(AL LAW Prepared by: Atty. 'ecretar> of 1ducation was reversed.#'2e' h! he (#.$% <ARRISTERS= CL?< Page &7 of )3 .ational &nthem recite the Patriotic Pledge and 'alute the 9lag.NN.% September .5% . The =eclaration thus ma+es the resulting union moral and binding within the congregation all over the world e&cept in countries where divorce is allowed. :owever% this mode of living with another other than his or her spouse by a married person does not apply in places where divorce is allowed. :A. T:# =I)ISI"7 S$P#RI7T#7=#7T "? SC:"" S "? C#<$% . #scritor6s conDugal arrangement cannot be penalized as she has made out a case for e&emption from the law based on her fundamental right to religion. These restrictions shall be terminated upon ac1uittal of the accused! or the dismissal of the case filed against him! or earlier upon the discretion of the court or upon motion of the prosecutor. :1.F. 7either shall the right to travel be impaired e&cept in the interest of national security% public safety% or public health% as may be provided by law.NKNF. Fow ay the ri3ht to tra&el be i paired? The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired e&cept upon lawful order of the court. B?#R=I7A7= ..e hi0 hi" '!7el 1!1e'" i.% . 7". Religious freedom is superior to the statute re1uiring the pupils to sing the . Larry D.A78 AP$S% #T A . Travel outside of said municipality or city% without the authorization of the court% shall be deemed a violation of the terms and conditions of the bail which shall then be forfeited as provided in the Rules of Court. . )S. M!9 F#'0e' P'e"i2eM!'(#" 7!li2l9 (#01el he 5#7e'-0e# i"". Gacayan allows members of the Eehovah6s witnesses who have been abandoned by their spouses to enter into marital relations. )0. KK'. 2hat is provided by the Philippine Constitution is the right to travel and not the right to return.otion for Reconsideration dated "ctober '4% .ay children of Keho&ah%s Witnesses in public schools be forced to sin3 the <ational Anthe P recite the Patriotic Pled3eP and ?alute the Dla3 under pain of bein3 e#pelled for non-co pliance? 7o since such is in violation of their religious beliefs. RA$ .arch . *s the ri3ht to tra&el affected by the Fu an ?ecurity Act? >es% ?ection 2: provides that persons who have been charged with terrorism or conspiracy to commit terrorism000even if they have been granted bail because evidence of guilt is not strongTcan be9  =etained under house arrest!  Restricted from traveling! andPor $pon application of the prosecutor% the suspect6s right to travel shall be limited to the municipality or city where he resides or where the case is pending% in the interest of national security and public safety.% 8. BR"# #<RA I7A8% #T A )S.# he Phili11i-e" 6'#0 hi" ?S eAile i. /%.l2 'e . These two B'F rights are <AR OPERATIONS %.

R.>L>( be co pelled to publish the na es of the no inees of the different party-list 3roups for the . :3. It is only through said investigations that the people will be informed of the wor+ings of the different departments of the government. BSENATE OF T@E P@ILIPPINES. N#. What is the $residual power' of the President? It is the power of the President in balancing the general welfare and the common good against the e&ercise of rights of certain individuals. ED?ARDO ERMITA. Such prohibition violates the right to information on matters of public concern on the part of the citizen.# #C must publish the same despite the prohibition in the law../ ) :1."78 T:# RI8:TS SP#CI?ICA > 8$ARA7T##= <> T:# <I "? RI8:TS% 2:IC: TR#ATS "7 > "? T:# I<#RT> "? A<"=# A7= T:# RI8:T T" TRA)# % <$T IT IS "$R 2# 0C"7SI=#R#= )I#2 T:AT T:# RI8:T T" R#T$R7 . :). 'e1'e"e. Such would violate the right of the people to information on matters of public concern. 2hile the right of the people to information on matters of public concern shall be recognized and access to official recordsJshall be afforded the citizen% it must be subDect to such limitations as may be provided by law as well as reasonable conditions imposed by public officials in custody of said records li+e the payment of the e&penses of reproduction of public documents! the re1uest must be done during office hours% etc.in P+L*.ay the (+. B<A7TA> R#P$< IC )S. *s the ri3ht to infor ation on atters of public concern absolute? 7o. VS. Gacayan different under the $niversal =eclaration of :uman Rights and International Covenant on Civil and Political Rights. Larry D. A1'il %. #lbinias% . . ::. ET AL.B <arangay . The power involved is the PresidentQs R#SI=$A P"2#R to protect the general welfare of the people. ET AL. T:# RI8:T T" R#T$R7 T" "7#QS C"$7TR> IS 7"T A.anotoc vs. %.. SEC.ay a person out on bail be &alidly allowed to tra&el abroad? >es% subDect to the following re1uisites B .ay a 4aran3ay &alidly e#ercise the power of e inent do ain? >es% subDect to the approval by the President.. EGEC..CK SCRA K.A convince the courts of the urgency of his travel% @'A the duration thereof% and @. . .atictic vs.A> <# C"7SI=#R#= AS A 8#7#RA > ACC#PT#= PRI7CIP # "? I7T#R7ATI"7A A2% $7=#R "$R C"7STIT$TI"7% IS PART "? T:# A2 "? T:# A7=.ay the President &alidly prohibit e bers of her (abinet as well as other officers in the e#ecuti&e depart ent fro attendin3 in&esti3ations in aid of le3islation by (on3ress? 7o.# #C% . .*(AL LAW Prepared by: Atty. :!.A that his sureties are willing to underta+e the responsibility of allowing him to travel. G.e2 89 SENATE PRESIDENT FRANDLIN DRILON.ay 1!@ 2AA2 elections despite the prohibition on such publication as e bodied by the Party-List Act? >#S% the C".CNF9 :e must however @. C".A> C% 'HH4F :2.F <AR OPERATIONS %. $/)77. CA% .C' SCRA .$% <ARRISTERS= CL?< Page &8 of )3 .

( ."..%. VS.ay '. Who deter ines the 6ust co pensation in e#propriation cases? What are the factors to be considered in deter inin3 the sa e? =etermination of Dust compensation is a Dudicial function with the assistance or recommendation of the court0 appointed commissioners. B. Larry D.#7T CAS#% T:# "7 > R#I$ISIT#S ?"R T:# I.. +?DGE GINGOFON. the current value of li+e proerties! .i7!le# he ASSESSED VAL?E OF T@E PROPERTF S?<+ECT TO EGPROPRIATION. cost of ac1uisition! '. the complaint for e&propriation filed in court is sufficient in form and substance! and %.C.  3.i7!le# $&R #6 he 6!i' 0!'>e 7!l. =ecember .$% <ARRISTERS= CL?< Page &) of )3 .HH.of the mar+et value of the property sought to be e&propriated must first be paid to the owner of the property. If the e&propriation is being done by a ocal 8overnment $nit% the Supreme Court decision in the case of T@E CITF OF ILOILO VS. 2A. CA% .e #6 he 1'#1e' 9 # 8e eA1'#1'i! e2 8!"e2 #i " (.1'#Le( "/ or *-! i#-!l i-6'!" '. 444 SCRA %/). B<ERDENDOTTER.'e 1'#Le( "/% li+e those covered by the *<uild0"perate0Transfer/% RA KN4C shall be followed.NN4 R$ #S "? CI)I PR"C#=$R# A7= T:# ="CTRI7# AI= ="27 I7 T:# R"<#R7 =#)# "P. BREP?<LIC OF T@E P@ILIPPINES VS. If the e&propriation is for a *N! i#-!l 5#7e'-0e. ?inally% note that as held in the case of Republic vs. its actual or potential uses! C. Gacayan :0.6#' eA1'#1'i! i#. Santos% .anoto+ vs. particular case of lands! 5. he eA1'#1'i! #' 0. INC. What are the re"uisites of $taEin3' in e#propriation cases? <AR OPERATIONS %.i6#'0 !-2 "." 2e1#"i he !0#.5C SCRA 53'.''e. In ordinary e&propriation cases% the rule is that in the case of <I8 A780A2A )S. SCRA .NK4F The factors to be considered in determining the Dust compensationPmar+et value are9 .. the ta& declarations thereon.#=IAT# #7TR> <> T:# 8")#R7.*(AL LAW Prepared by: Atty.8" !-(eP !-2  he 0!>i-5 #6 ! 2e1#"i e3. ILOILO CITF. What are the re"uisites before an e#propriator ay &alidly obtain a writ of possession to taEe o&er possession of the e#propriated property? It depends9 $.66i(ie. E$=8# <ACA A% . It provides9 P$RS$A7T T" S#CTI"7 '% R$ # 34 "? T:# . their size% shape% location! and 3.H% the mar+et value as recommended by the board of commissioners appointed by the court were at best only A=)IS"R> A7= P#RS$ASI)# A7= <> 7" . 21. This means that there must be a @aA Complaint for e&propriation which is sufficient in form and in substance! and @'A the . RTC %%.!A 2e(l!'! i#-.in P+L*.. CO?RT OF APPEALS AND REP?<LIC OF T@E P@ILIPPINES.NN'F.#7T I7 #(PR"PRIATI"7 CAS#S AR#9 he 6ili-5 #6 ! (#01l!i.e3. shall be complied with9 $. +?DGE LEGASPI.#A7S ?I7A "R <I7=I78. 478 SCRA 474) %.C% .

iranda Doctrine'? The rights are9 .ahinay Doctrine' or the $>#panded .. That whether or not the person arrested has a lawyer% % he must be informed that no custodial investigation in any form shall be conducted e&cept in the presence of his counsel or after a valid waiver has been made! 3. of )3 .$% <ARRISTERS= CL?< Page /. the property must be devoted for public use! and e. Fe8'.CNF. BCity of .*(AL LAW Prepared by: Atty.ay a pri&ate property already used as a pri&ate ce etery be e#propriated for a public purposeL 7o% a private property which is already devoted to public use may not be e&propriated for another public purpose. Return the Dust compensation paid by the government! b. BRep. Castellvi% 5K SCRA . the entry must be under warrant of color or title! d.!'9 %&. :e must be warned that he has the right to remain silent and that any statement he ma+es may be used as evidence against him! . Gacayan The Re1uisites of ta+ing are9 a. :e must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer% preferably of his own choice! C. the entrance must not be for Dust a momentary period! c.$. 22-a.. the e&propriator must enter the property! b. *n case the 3o&ern ent will not be able to use the land e#propriated for the purpose for which it was intended@ ay the landowner asE for its re&ersion to hi ? >es% provided he complies with the following9 a. the owner must be ousted from beneficial use of his land. The person arrested must be informed that% at any time% he has the right to communicate or confer by the most e&pedient means000 telephone% radio% letter or messenger000with his lawyer Beither retained or appointedF% any member of his immediate family! or any <AR OPERATIONS %.anila vs. The person arrested% detained% invited or under custodial investigation must be informed in a language +nown to and understood by him of the reason for the arrest and he must be shown a copy of the warrant of arrest% if any! #very other warnings% information or communication must be in a language +nown to and understood by said person! '. vs. pay the pecuniary value of the services in managing it to the e&tent that the landowner will be benefited thereby. (MACTAN CE<? INTERNATIONAL AIRPORT A?T@ORITF VS. %. What are the ri3hts of a person under custodial in&esti3ation under the $. pay the legal interest! c.. pay the necessary e&penses incurred by the government in maintaining the lot! and d.in P+L*. :e must be informed that if he has no lawyer or cannot afford the services of a lawyer% one will be provided for him! and that a lawyer may also be engaged by any person in his behalf% or may be appointed by the court upon petition of the person arrested or one acting in his behalf! 5.3F 22. Chinese Community% CH Phil. . .) 23. LOBADA. Larry D.

IT S:A <# T:# R#SP"7SI<I IT> "? T:# "??IC#R T" #7S$R# T:AT T:IS IS ACC". That the person arrested must be informed that he may indicate in any manner at any time or state of the process that he does not wish to be 1uestioned with the warning that once he ma+es such indication% the police may not interrogate him if the same had not yet commenced% or the interrogation has begun! .P IS:#=! 4. It shall be the duty of the free legal assistance unit of the I<P or the PA"6s thus contacted to immediately visit the person detained and provide him with legal assistance. These rights cannot be waived e&cept in writing and in the presence of the counsel of choice! informed of the cause or causes of his detention in the presence of his legal counsel! allowed to communicate freely with his legal counsel and to confer with them at any time without restriction! <AR OPERATIONS %. In addition% if the person arrested waives his right to a lawyer% he must be informed that it must be done in writing A7= in the presence of counsel% otherwise% he must be warned that the waiver is void even if he insist on his waiver and chooses to spea+! N.H. 2!. :e must be informed that he has the right to waive any of said rights provided it is made voluntarily% +nowingly and intelligently and ensure that he understood the same! K. thereof which states9 ?ection 21. c. Gacayan medical doctor% priest or minister chosen by him or by any one from his immediate family or by his counsel% or be visited byPconfer with duly accredited national or international non0governmental organization. Larry D.. The person arrested must be informed that his initial waiver of his right to remain silent% the right to counsel or any of his rights does not bar him from invo+ing it at any other time during the process% regardless of whether he may have answered some 1uestions or volunteered some information or statements! .0 The moment a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained% he shall forthwith be informed by the arresting police or law enforcement officers to whose custody the person concerned is brought% of his or her right9 a.in P+L*.*(AL LAW Prepared by: Atty. to be informed of the nature and cause of his arrest% to remain silent and to have competent and independent counsel preferably of his own choice.$% <ARRISTERS= CL?< Page /$ of )3 . If the person cannot afford the services of counsel of his or her choice% the police or law enforcement officers concerned shall immediately contact the free legal assistance unit of the I<P or the Public attorney6s office BPA"F. What are the ri3hts of a person under $custodial detention' for one suspected or arrested as a terrorist under the Fu an ?ecurity Act? The rights are embodied under Section '.ISSI< # I7 #)I=#7C#. Rights of a person under custodial detention.. b. :e must be informed that any statement "R #)I=#7C#% as the case may be% obtained in violation of any of the foregoing% whether inculpatory or e&culpatory% in whole or in part% S:A <# I7A=.

3F! confession to a private individual BMimpo vs. Eudge Ayson% . The protective mantle of section .$% <ARRISTERS= CL?< Page /% of )3 ."e2. E"S# TI78 A7 $>% ER.". T@E PLACE OF INTERROGATION IS NOT DETERMINATIVE OF T@E EGISTENCE OR A<SENCE OF C?STODIAL INVESTIGATION <?T T@E TONE AND MANNER OF K?ESTIONING <F T@E POLICE A?T@ORITIES. Succinctly stated% custodial investigation refers to the critical pre0trial stage when the investigation ceases to be a general in1uiry into an unsolved crime but has began to focus on a particular person as a suspect BPeople vs.4hile he9 4e'e " ill 4!l>i-5 !l#-5 he hi5h4!9 #hei' 4!9 # he 1#li(e " ! i#-. Clearly% therefore% the rights enumerated by the accused are not available <#?"R# 8")#R7.45 SCRA '. he'e 4!" (.F! or even to a . The *investigation/ under said provision refers to *custodial investigation where a suspect has already been ta+en into police custody and that the investigating officers begin to as+ 1uestions to elicit information and confessions or admissions from the suspect. . i00e2i! el9 !">e2 he0 'e5!'2i-5 hei' 1!' i(i1! i#.#7T I7)#STI8AT"RS #7T#R T:# PICT$R#.*(AL LAW Prepared by: Atty. 5KNF. "rdono% . 2). h#'i ie". allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and be visited by them! and allowed freely to avail of the services of a physician or physicians of choice. When is custodial in&esti3ation dee ed to ha&e started so as to entitle the suspect to be infor ed of his ri3hts under the $.'% article III does not apply to administrative investigations BPeople vs. e.ayor approached as a personal confidante and not in his official capacity BPeople vs. Larry D.% C'3 SCRA 333F.' @. #ndino% . 2:.% when the police investigator starts interrogating or e&acting confession from the suspect in connection with an alleged offense. Are the abo&e ri3hts a&ailable to a suspect if he is under in&esti3ation by a pri&ate person? 7o.ihe (#00i""i#. Gacayan d.1#hei' !''e" #6 "#0e #6 he !((. =uenas% Er. BT:# P#"P # "? T:# P:I IPPI7#S )S.H4F.% C45 SCRA 'CKF..% et al. SCRA <AR OPERATIONS %.F! verbal admission made to a radio announcer who was not a part of the investigation BPeople vs.in P+L*." #2i!l i-7e" i5! i#.he 1#li(e !.5.ahinay Doctrine' or the $>#panded .#6 he ('i0e . Ouela% .e.4he.'. Th.A of the <ill of Rights is not tenable.iranda Doctrine'F Custodial investigation begins when it is no longer a general in1uiry into an unsolved crime but starts to focus on a particular person as a suspect% i. SCRA . In fact% even a videotaped interview where the accused willingly admit his guilt in the presence of newsmen is not covered by the said provision though the trial courts were warned by the supreme Court to ta+e e&treme caution in admitting similar confessions because of the distinct possibility that the police% with the connivance of unscrupulous media practitioners% may attempt to legitimize coerced e&traDudicial confessions and place them beyond the e&clusionary rule by having an accused admit an offense on television BPeople vs.C SCRA 34.' SCRA 5. e7e. CA% '. The claim that his affidavit is inadmissible in evidence in accordance with section .

. <AR OPERATIONS %. EI.5CH5% . =A7"% 8." " ! e0e. (P#"P # )S. . 21.% it was held that the counsel must be present from the inception of the custodial investigation not at any time thereafter.N SCRA 5..% 'HHH! P#"P # )S. .. 7".% 'HHH! P#"P # )S.43NH% . he !""i" !-(e #6 ! l!49e'. . .'% . *s the presence of a lawyer to assist the suspect durin3 custodial in&esti3ation sufficient to co ply with the re"uire ents of the (onstitution? 7o. Gacayan (P#"P # )S. SCRA 3HHF 22...43NH% . BP#"P # )S.). 2#e" -# 7i#l! e !11ell!.4i h#. SA.R.!-e#. A suspect6s confession% whether verbal or non0verbal% when ta+en without the assistance of counsel% without a valid waiver of such assistance% regardless of the absence of coercion or the fact that it had been voluntarily given% is inadmissible in evidence% even if appellant6s confession were gospel truth.in P+L*. 1A. S.% 'HHHF. Assistance of counsel must be effective% vigilant and independent...NN. e7e. =ecember . As held in P#"P # )S." =#% 8.5% S#PT." #2i!l i-7e" i5! i#-. 7ot only was the accused subDected to custodial investigation without counsel% he was li+ewise denied effective assistance of counsel during the ta+ing of his e&tra0Dudicial confession.% .#7#O% 8. .5C SCRA C." 7#l. 20.'K55. Are spontaneous ad issions ade before a person could be infor ed of his ri3hts durin3 custodial in&esti3ation ad issible as e&idence? >es.(4h# i" -ei he' ! 1#li(e #66i(e' -#' ! l!4 e-6#'(e0e.3 SCRA 3.*(AL LAW Prepared by: Atty. Larry D. <ARII$IT% . A lawyer who could Dust hear the investigation going on while wor+ing on another case hardly satisfies the minimum re1uirements of effective assistance of counsel. 7".!'il9 5i7e-. =A7"% 8. 7". !" 4he'e !11ell!.$% <ARRISTERS= CL?< Page /3 of )3 .C. .R. A suspect6s confession% whether verbal or non0verbal% when ta+en without the assistance of counsel% without a valid waiver of such assistance% regardless of the absence of coercion or the fact that it had been voluntarily given% is inadmissible in evidence% even if appellant6s confession were gospel truth.<#R 'N% 'HHHF..R. S1#. i#-!l 'i5h " AND T@EREFORE ADMISSI<LE IN EVIDENCE. Also% the lawyer who To be admissible in evidence% an e&traDudicial confession must be9 BiF voluntary! BiiF made with the assistance of competent and independent counsel! BiiiF e&press! and BivF in writing.=" (#-" i .R. 7o.-2e' (.#'!ll9 !20i e2 >illi-5 he 7i( i0 8e6#'e he 8!'!-5!9 (!1 !i.R.!5e.(h !20i""i#-. PAT$78A7% . . What are before an confession is ad the re"uisites e#tra6udicial issible? To be admissible in evidence% an e&traDudicial confession must be9 BiF voluntary! BiiF made with the assistance of competent and independent counsel! BiiiF e&press! and BivF in writing. .N SCRA 5.A>"R8A% 8.5% S#PT. K'3HC.C3 SCRA C5K% 7")#.'% E$ . 7". 2# -# 6!ll ..% the mere presence of a lawyer is not sufficient compliance with the constitutional re1uirement of assistance of counsel. Dro what ti e ust the counsel assist the suspect durin3 custodial in&esti3ation? Who ust choose such counsel? In P#"P # ).

PA7?I " CA<I #S% 'KC SCRA . Gacayan assists the suspect under custodial interrogation should be of the latterQs own choice% not one foisted on him by the police investigators or other parties.5 SCRA C35% P#"P # )S.ITT#= :A)I78 C"..unicipal . the confession must be e&press! and d. In order that a confession is admissible% the following re1uisites must be present9 a. What are the two 729 Einds of coerced or in&oluntary confessions under ?ection 12@ Art. In this case% the former Dudge whose assistance was re1uested by the police was evidently not of .arcos was being interrogated by the police.. This is not the mode of solicitation of legal assistance contemplated by the Constitution. 2hile she as+ed him if he had voluntarily given the statements contained in the typewritten document% this is far from being substantial compliance with the constitutional duty of police investigators during custodial interrogation.NH 13.. What is the status of coerced confessions as e&idence in court? Coerced or involuntary confessions are inadmissible as evidence being the *fruit of the poisoned tree. ?urthermore% the former Dudge was not present when . 12. In P#"P # )S.' of the Constitution./ 1!. The above re1uirements% however% are not applicable when the suspect ma+es an spontaneous statement% not elicited through 1uestioning by the authorities% <$T 8I)#7 I7 A7 "R=I7AR> . These are9 a. 11. III% Section . M!'(h 3.A77#R 2:#R#<> T:# ACC$S#= "RA > A=. $))7 when the accused made a voluntary and verbal confession to the . confession which are the product of third degree methods such as torture% force% violence% threat% intimidation! and b. *** of the (onstitution? The two B'F +inds of involuntary or coerced confessions under Art.arcos EimenezQ own choice! she was the police officersQ own choice! she did not as+ . *s the ri3ht to counsel satisfied if the suspect was assisted by the ?tation (o ander of the Western Police District while he was bein3 in&esti3ated by the <AR OPERATIONS %.NN! and P#"P # )S. the confession must be voluntary! b.*(AL LAW Prepared by: Atty. As such% his uncounselled confession is admissible in evidence.arcos if he was willing to have her represent him. the confession must be in writing. ANDAN.ITT#= T:# CRI.iranda 2arnings. those which are given without the benefit of . This was the decision of the Supreme Court in the case of PEOPLE VS.in P+L*. P#"P # )S. TA7% 'K3 SCRA 'H4% it was held that even if the confession of the accused spea+s the truth% if it was made without the assistance of counsel% it is inadmissible in evidence regardless of the absence of coercion or even if it was voluntarily given. "<R#R"% .ayor that he committed the crime imputed to him.' SCRA .#. Larry D.$% <ARRISTERS= CL?< Page /4 of )3 . the confession must be made with the assistance of a competent and independent counsel! c. *s the e#tra6udicial confession of a suspect obtained without the assistance of a lawyer@ but speaEs of 3ospel truth@ ad issible in e&idence? 7o. 8A IT% .

While under custodial in&esti3ation by (ol. %. "<R#R"% ..NNHF 1:-a. EA7$ARI"% '34 SCRA 3HK held that a lawyer applying for a position in the 7<I could not validly assist an accused being investigated then by the 7<I. $783. N#. =e los Reyes% while being investigated by other policemen of the same police station because the interest of the police is naturally adverse to the accused.)% the Supreme Court held that since the evidence shows that the lawyers of PA"CT? assisted them from the start up to the end of their custodial investigation and that their rights were protected% the same is admissible as evidence especially so that there is no evidence of compulsion.R.*(AL LAW Prepared by: Atty. $sman :assan% .in P+L*.urder of two 729 inor children of a business an fro 4ulacan. $783.atos0 )iduaya% September . N#. .. %.. G. Eudge Cruz% . In fact% the SC in the case of P#"P # )S. &77 !-2 PEOPLE VS.ay such confession be used a3ainst a coaccusd? 5p to what e#tent? In Pe#1le 7".. DOMINGO REFES. Alegria% September 'K% . REFES.NHF 1). *s there a &alid custodial in&esti3ation if the lawyer who assisted hi durin3 custodial in&esti3ation is a public attorney who was not chosen by the accused hi self but 3i&en to hi free of char3e? (ould the Discal also represent the accused durin3 custodial in&esti3ation to satisfy the re"uire ent of the (onstitution that the accused is assisted by counsel? The counsel must be the choice of the accused or suspect. %%) Phil.. ET AL. BP. G.R.3' SCRA 3C'! =# A T"RR# )S. BP#"P # )S. (esar . Was the confessions obtained durin3 the custodial in&esti3ation ad issible in e&idence? >es. vs.).' SCRA .54 SCRA '3. What are the e&idence of &oluntariness in the suspect%s e#tra6udicial confession aEin3 it ad issible in e&idence? . B P vs.D .! 8amboa vs.D for Qidnappin3 and . M!'(h $7.. Pi!. Larry D.ancao@ the lawyers 3i&en to assist the tare the lawyers of PA+(. As held in the case of PEOPLE OF T@E P@ILIPPINES VS.NNHF Also% the ?iscal could not have protected the rights of the suspect% even if they are +nown to each other% since the ?iscal is there for the private complainant. BP..he appellants were arrested by the PA+(..$% <ARRISTERS= CL?< Page /& of )3 .N3 and P#"P # )S. *s the ri3ht to counsel a&ailable to a suspect durin3 a police line-up? The Supreme Court had conflicting decisions on this aspect but ended up with the rule that since the accused will not be made to ma+e any testimony during the police line0up% then he is not under custodial investigation and therefore% there is no need for him to be assisted by a lawyer.. 1:-b. vs.% . CA% 'NC SCRA . the Supreme Court enumerated the following as <AR OPERATIONS %. Gacayan police en of the sa e station? Fow about if the in&esti3ation is bein3 conducted by the <4* and the suspect was ordered assisted by a lawyer-applicant therein? There is no compliance of the constitutional re1uirement of competent and independent counsel to assist an accused during custodial investigation when the accused was assisted by the Station Commander of the 2P=% Atty. . M!'(h $7. :ATT"7F 1:.

. In P#"P # )S.I7IA y CA. In People v. &lvareD % we ruled that where the confession is used as circumstantial evidence to show the probability of participation by the co0conspirator% that confession is receivable as evidence against a co0accused.arch 'H% 'HH'% the Supreme Court held that though the e&traDudicial confession of the accused was declared inadmissible for violation of his right to counsel% if there are evidence sufficient to prove his guilt beyond reasonable doubt% li+e circumstantial evidence% then he can still be convicted of the crime charged.ahinay% it was held that conviction may be had on circumstantial evidence provided the following re1uisites are present9 @aA there is more than one circumstance! @bA the facts from which the inferences are derived are proven! and @cA the combination of all circumstances is such as to produce a conviction beyond reasonable doubt.A the compromising circumstances were duly proven which were consistent with each other and which lead with moral certainty to the conclusion that he was guilty of the crime charged! and @'A the totality of such circumstances eliminated beyond doubt the possibility of his innocence. <AR OPERATIONS %. .. R" A7=" ?# I(.$% <ARRISTERS= CL?< Page // of )3 .AC:"% 8R 7o.% . 1ncipido. we elucidated as follows9 12. *f the e#tra6udicial ad ission or confession of the accused is declared inad issible as e&idence@ ust the accused be ac"uitted as a atter of ri3ht? 7o. Pia.*(AL LAW Prepared by: Atty. Their e&tra0 Dudicial confessions clearly state how appellants and their cohorts planned the +idnapping as well as the se1uence of events before% during and after its occurrence. In People v. It should also be noted that the e&tra0Dudicial confessions of appellants Arnaldo and ?lores are replete with details on the manner in which the +idnapping was committed% thereby ruling out the possibility that these were involuntarily made.'5. In People vs. Larry D. This is so because @. 2ith respect to appellant Reyes6s claim that the e&tra0Dudicial confessions of appellants Arnaldo and ?lores cannot be used in evidence against him% we have ruled that although an e&tra0Dudicial confession is admissible only against the confessant% Durisprudence ma+es it admissible as corroborative evidence of other facts that tend to establish the guilt of his co0 accused . we held that the following factors indicate voluntariness of an e&tra0 Dudicial confession9 719 where the accused failed to present credible e&idence of co pulsion or duress or &iolence on their personsP 729 where they failed to co plain to the officers who ad inistered the oathsP 739 where they did not institute any cri inal or ad inistrati&e action a3ainst their alle3ed inti idators for altreat entP 7!9 where there appeared to be no arEs of &iolence on their bodiesP and 7)9 where they did not ha&e the sel&es e#a ined by a reputable physician to buttress their clai . Gacayan evidence of voluntariness in the e&traDudicial confession of a suspect9 Their physical e&amination reports certify that no e&ternal signs of physical inDury or any form of trauma were noted during their e&amination In People v. . The voluntariness of a confession may be inferred from its language if% upon its face% the confession e&hibits no suspicious circumstances tending to cast doubt upon its integrity% it being replete with details which could only be supplied by the accused.in P+L*.

l9 e''#-e#.$% <ARRISTERS= CL?< Page /7 of )3 .250e. &%$ SCRA 47. Larry D..KN SCRA 3'. 47& SCRA $7&. I.i!l eA '!2i e 0!9 8e 5'!. III of the .ay an accused char3ed of a capital offense and the e&idence of 3uilt is stron3 be 3ranted bail? >es.3 of Rule . through former Chief Dustice Panganiban% the Supreme Court held that a person facing e&tradition proceedings is not entitled to bail even if the crime he was charged of in a foreign country is bailable. *n e#tradition cases@ is the respondent therein entitled to <AR OPERATIONS %. This is so because the constitutional provision on the right to bail under Art. (ED?ARDO RODRIG?EB VS.#7#O% . +?LIANA ADALIM-W@ITE VS.ARM EI.he 1.i" 4he. 10. The #-l9 eA(e1 i#. T@E PRESIDING +?DGE. .ay a person sub6ect of e#tradition fro another country and where the cases a3ainst hi in said country are bailable@ be allowed to post bail pendin3 the e#tradition hearin3s? N#.KF. T:# S#CR#TAR> "? E$STIC#% April% 'HH4F 01. RTC % <ORONGAN. .le $$4 1'#7i2e" h! he'e "h!ll -# 8!il 6#' ! (#-7i( !6 e' 6i-!l L. :Cle!' !-2 (#-7i-(i-5 e7i2e-(e.. E$=8# P$R$88A7A7 S .0 1e'i#2 #6 he "e.. I i" 1! e.' . 0#'e h!.8e6#'e he (#00e-(e" # "e'7e hi" "e.ay a con&icted person be released fro 6ail throu3h reco3niGance? N#.#7T =$RI78 TRIA "R "7 APP#A .ATTF.25e i" 5. T:#> =" 7"T APP > T" A P#RS"7 C"7)ICT#= <> ?I7A E$=8."e #6 he 1#""i8ili 9 #6 6li5h . . <?T IN T@E CASE OF GOVERNMENT OF @ONGDONG VS. .L!4. BAlmeda vs. If the probability of *flight/ is nil% then the accused may be allowed to post bail. MANILA.NK4 Constitution !11lie" #-l9 # ('i0i-!l (!"e". )illaluz% 33 SCRA . Se( i#.8 8.1'#(ee2i-5". As held in $7IT#= STAT#S )S.1'e1#-2e'!-(e #6 e7i2e-(e. OLALIA.e7i2e-(e 4i h ! " !-2!'2 l#4e' h!1'##6 8e9#-2 'e!"#-!8le 2#.*(AL LAW Prepared by: Atty. Thi" i" "# 8e(!.il 9 #6 5'#"" i5-#'!-(e #6 he l!4 6#' #'2e'i-5 he 'ele!"e #6 <!5!1#'# 1e-2i-5 he !11'#7!l #6 hi" !11li(! i#6#' 1!'#le !-2 8e6#'e he (#01le i#. 483 SCRA %).'e(#5-iM!-(e.ay a 6ud3e re"uire $cash bond' only? 7o. The Rules provides for four BCF ways of posting bond and it is grave abuse of discretion on the part of the Dudge to re1uire cash bond only.e2 8!il i6 he (!.e-(e !-2 h! he #66e-"e !-2 he 1e-!l 9 6#' he #66e-"e i" 4i hi.'7ie4 #6 he P'#8! i#.%4.he (#-7i( !11lie" 6#' P'#8! i#.#7T A7= A R#A=> S#R)I78 S#7T#7C#.).1#hi0.eA '!2i i#.1'#7e 89 (le!' !-2 (#-7i-(i-5 e7i2e-(e h! he i" -# ! 6li5h 'i"> !-2 4ill !8i2e 4i h !ll he #'2e'" !-2 1'#(e""e" #6 he eA '!2i i#(#. Sections 5 and . +?DGE ARN?LFO <?GTAS. -# i. B<# TRA7 )S. SAMAR.PRIS"7." # 'ele!"e ! (#-7i( #. R. 02.in P+L*. Gacayan 11. The purpose of the bond is to assure the court of the presence of the accused during the trial of his case.#6 he 0i-i0. i 4!" hel2 h! he 1# e. 0A.C of the Rules of Court Bon the different +inds of bailF APP I#S "7 > T" A7 ACC$S#= $7=#R8"I78 PR#)#7TI)# I. RTC $7.e-(e i01#"e2 . i" !. i 4!" hel2 h! 'e"1#-2e+.

Sandiganbayan% Euly . BAleDandro vs.'' SCRA .G 0).otion for Reconsideration in the same case% in a N03 decision% the Supreme Court held that the prospective e&traditee is not entitled to notice and hearing while his case is still under evaluation because this would defeat the purpose of the arrest warrant since it could give warning that respondents would be arrested and even encourage them to flee but entitled to notice and hearing if the case is already filed in court. :owever% if bail was granted to an e&tradite% the same may not be cancelled without notice and hearing. What is the e#tent of the obli3ation of a counsel de oficio for an accused in a cri inal case? If the evidence in a criminal case is evenly balanced% the constitutional presumption of innocence tilts the scale of Dustice in favor of the accused and he should be ac1uitted from the crime charged.eF% Rule . (ED?ARDO RODRIG?EB VS. To be re1uired to present his evidence first would be ma+ing him prove his innocence and not the State proving his guilt. BSacay vs.anolo <rotonel of the PA" cannot go unnoticed.) 03.BPEOPLE VS. MANILA.*(AL LAW Prepared by: Atty. Gacayan notice and hearin3 before the issuance of a warrant of arrest a3ainst hi ? 7o.ar+ Eimenez CaseF % the Supreme Court on a N03 vote held that the e&traditee is entitled to notice and hearing when a re1uest for e&tradition by another country is still being evaluated.ay the court re&erse the order of trial in a cri inal case? 7o. . 483 SCRA %). Thus9 G:owever% when the accused admits the act or omission charged in the complaint or information but interposes a lawful defense% the order of trial may be modified accordingly. The cavalier attitude of Atty. What .. . Larry D. 2here the inculpatory facts and circumstances are capable of two or more interpretations one of which is consistent with the innocence of the accused and the other consistent with his guilt% then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction because of the accused6s constitutional presumption of innocence. It is discernible in @aA his refusal to cross0 0!. T@E PRESIDING +?DGE. such would violate the right of the accused to presumption of innocence. :ence% a lawyer6s duty% especially that of a defense counsel% must not be ta+en lightly. E$=8# A7TI"7% .3H BThe .in P+L*. Pepito% N3 SCRA .NK5 Rules of Criminal Procedure BSec. RTC $7. 3&& SCRA 4$&) <AR OPERATIONS %.''F :owever% if the accused does not obDect to such a procedure% then a reverse order of trial is allowed by the Rules.5L>'? is the $>L5*P+*?> 2hile an accused may be given a counsel de oficio which is not a lawyer of his own choice because he could not afford the services of a de parte lawyer% only the faithful performance by counsel of his duty towards his client can give meaning and substance to the accused6s right to due process and to be presumed innocent until proven otherwise. "therwise% his right to due process will be violated. :owever% on .$% <ARRISTERS= CL?< Page /8 of )3 . . In S#CR#TAR> "? E$STIC# )S. It must be performed with all the zeal and vigor at his command to protect and safeguard the accused6s fundamental rights. DE LOS SANTOS.H%lNK3F In fact it should be noted that under the newly adopted .NFthe said procedure is now e&pressly sanctioned.

" 8e 1'e"e. $%& SCRA %/)) 02.!66i2!7i h! 4he-e7e' ! 4i -e"" 0e.he i" # 8e i2e.! i#.N% 'HH'% petitioner did not complain about the long delay in deciding his case. =uring the K0 year period prior to April .!.in P+L*. Mili !'9 C#00i""i#-. The determination of whether the delays are of said nature is relative and cannot be based on mere mathematical rec+oning of time. i#-. There is no violation of the right to speedy disposition of his case because petitioner failed to assert his constitutional right to a speedy disposition of his case.#6 he 2e(i"i#. When ay $speedy trial' be raised by the accused to cause the dis issal of his case? What Eind of delays ust occur before the sa e could be in&oEedC In EAI.(#..H. B=$T#RT# )S.l5! i#. /3 SCRA &4/P P 7". (A3. i#-=" e7i2e-(e. As held in the case of =# A P#7A )S.i#-" hi" -!0e 2. The factors to consider in determining whether or not such right has been violated9 <AR OPERATIONS %.he " ! e i#1e. SA7=I8A7<A>A7% 'KN SCRA 4'.'i-5 he 1'e"e. he (!.*(AL LAW Prepared by: Atty. he 0.!-2 4he.F The determination of whether an accused had been denied the right to speedy trial depends on the surrounding circumstances of each case.'i-5 !''!i5-0e. ". Particular regard to the facts and circumstances of the case.#6 he 1'#"e(.25e. SA7=I8A7<A>A7% certain factors shall be considered and balanced to determine if there is delay% as follows9  ength of the delay!  Reasons for the delay!  Assertion or failure to assert such right by the accused! and  PreDudiced caused by the delay.F years from the time all the pleadings were filed violates the respondent6s right to a speedy disposition of his case and the case must be dismissed. .A7% '3N SCRA . 1'#0.<$=S.' #' i.ay the ri3ht to speedy disposition of cases be in&oEed for the dis issal of cases pendin3 before "uasi-6udicial bodies liEe the +ffice of the + buds an? >es% unreasonable delays li+e failure to decide a complaint against the respondent for more than three B.i-# 7". SA7=I8A7<A>A7% .4he. +. Larry D. he !20i " h! he i" he #-e 8ei-5 'e6e''e2 #.# <#R7AT )S. Gacayan e&amine "leby 7adera Bthe complainant for RAP#F! @bA the manner in which he conducted .$% <ARRISTERS= CL?< Page /) of )3 . D. BP#"P # )S.! A78C:A78C" )S. @#4e7e'.i6ie2 89 he 4i -e""e" 6#' he 1'#"e(.'C SCRA CNHF 0:. *f the accused has the ri3ht to be present durin3 the trial of his case@ can he also refuse to appear durin3 the hearin3s of his case? N#.aricris 7adera6s cross0e&amination! and @cA his failure not only to present evidence for the accused but to inform the accused of his right to do so% if he desires.% .7!li2l9 4!i7e hi" 1'e"e-(e !6 e' !''!i5-0e. 7A=#RA% ER. 01.ay 'H% 'HHC% it was held that the right to speedy trial is violated only if the proceedings were attended by ve&atious% capricious and oppressive delays.. Although it too+ about K years before the trial of this case was resumed% such delay did not amount to violation of petitioner6s right to speedy trial considering that such delay was not attributable to the prosecution.

8. A?G. SCRA /&3F 1AA..urder. NOS. 00. NOV. of )3 . What is the effect of the testi ony of a witness who did not return to court for his cross e#a ination? Fow about if there is only partial crosse#a ination? A witness who did not return to court for his cross0 e&amination would render his entire testimony inadmissible for being hearsay.. The authority of the Secretary of Eustice to review resolutions of his subordinates even after an information has already been filed in court does not present an irreconcilable conflict with the . BS!le" 7". SANDIGAN<AFAN. length of delay% '. @OW.8) 1AA-a. It li+ewise violated the right of confrontation on the part of the accused. INC. BiiF Speedy Trial Act of .H0 day period prescribed in Sec. This is so because it is the body of the Information that is binding% not the caption thereof and therefore% the accused was duly informed of the nature and cause of accusation against him.. BS?M<ANG VS. CA. Resavaga% .AP>'@ is there &iolation of the ri3ht to be infor ed of the nature and cause of accusation a3ainst the accused if the alle3ed rape tooE place $so eti e fro Kanuary 100A up to Dece ber :@ 1001' or a period of al ost nine 709 years@ without specifyin3 the e#act date when the alle3ed rape tooE place? 7one.ay an accused in a $Fo icide' case be con&icted of $. assertion or failure to assert such rights by the accused and the preDudice caused by the delay.otion to Iuash. A1'il 8.urder' without &iolatin3 his ri3ht to be infor ed of the nature and cause of accusation a3ainst hi ? >es. @ON. C'i"#l#5#. 4 of the Speedy Trial Act of .$% <ARRISTERS= CL?< Page 7. 3. Was the failure of the court to ha&e a si3n lan3ua3e e#pert to infor the accused who is a deaf. 34/ SCRA $.R. As such% the entire proceedings is null and void and another trial be conducted in the presence of a sign language e&pert to inform the accused of the proceedings. A?G. 337 SCRA %%7.R.ute of the contents of the cri inal infor ation fatal to the &alidity of the proceedin3s which resulted in the con&iction of the said accused? >es because the accused was denied of the right to be informed of the nature and cause of the accusation against him. $3/7&7 S &8..P <LANCO VS. G. ufthansa% <AR OPERATIONS %..NNK. $/4 SCRA 7$7P P 7". NO..in P+L*. G. ?inally% the date is not an element in rape cases.NNK.$88. GEN. Larry D. G. The accused should have filed a . Clearly% he slumbered on his rights and awa+ened too late.. %. (PEOPLE VS. #ven if the Information was captioned *?or9 :omicide/ only but the body of the Information alleges *treachery/ or *evident premeditation/ and the same was read to the accused% he could be convicted of .R. NO. $&. . BP vs. %%. $4.. 2hen he failed to do any of the two B'F% he is deemed to have waived the defect in the information. B"rtigas% ER. vs.5N SCRA C'3F 1A1.P SOLAR TEAM ENTERTAINMENT. Gacayan . 338 SCRA &$. reasons for such delay% and ..). %7. %.8/3.otion for a <ill of Particular or a . +ERRF NABARENO. %. %.*(AL LAW Prepared by: Atty. CO?RT MARTIAL. $4. *n an *nfor ation for $.

1A:. BCavili vs.HF 1A2.B P vs.F 1A). What are the re"uisites of a &alid trial in absentia? . B<eltran vs. . The accused was duly arraigned! The accused was notified of the hearing! and The accused6s absence @during the trialA is unDustifiable. 7".CF 1A!.5C SCRA 3.C5F or under the influence of prohibited drugs BP#"P # )S.HF If the witness was partially e&amined% only the portion of his direct testimony where he was cross0e&amined shall be admissible as evidence. 8arcia% NK SCRA 5. Larry D. Such would violate the right of the accused against self0 incrimination and if such happened% the proceedings shall be null and void. '5% 'HHH! P#"P # )S. 54HF 1A2. Gacayan 3C SCRA 3. Phil.$% <ARRISTERS= CL?< Page 7$ of )3 . '5% 'HHHF does not violate the person6s right against self0 incrimination.'HC5% . This is so because it involves the use of the intelligence of the person..R.0 H'% .% A$8./ As such% forcing a person to give a sample of his urine to determine whether a woman is pregnant B)illaflor vs. c.N SCRA . . Fow about forcin3 a person to 3i&e a sa ple of his handwritin3?. Phil. . Seneris% NN SCRA N'% =# A CR$O )S. CA% 'C SCRA 33. . b. Does the ri3ht a3ainst selfincri ination applicable to ci&il and ad inistrati&e cases also? >es but unli+e in criminal cases where the accused could not be presented by the prosecution and his right not to ta+e the witness stand is absolute% an adverse party in a civil or administrative cases may be presented by the other party but 1A3. :on. <A7I:IT% 8. PAPA% =ecember K% 'H. ?urther% his right to subpoena witnesses and the production of evidence will not be violated since the hospital could produce said records and another physician could testify on the contents thereof...*(AL LAW Prepared by: Atty. BChavez vs.ay an accused co pel the trial court to issue subpoena to a Physician who is already worEin3 in the 5nited ?tates to testify on his treat ent of the accused? Would the failure of said witness to appear and testify for the accused &iolates his ri3ht to subpoena witnesses and the production of e&idence in his fa&orL 7o. i+ewise forcing one to try a pair of shoes% pants or shirt does not fall under the above proscription.N SCRA K3% A$8.ay the accused be presented by the prosecution as the latter%s witness? <AR OPERATIONS %.in P+L*.ay an accused who 6u ped bail after arrai3n ent be &alidly con&icted by the trial court? The re1uisites of a valid trial in absentia are the following9 a. C"7TI7#7T#% 8. Though the same does not re1uire testimonial compulsion% the right against self0incrimination will be violated by said act. 7"S. 7o. 3'F! whether a person is suffering from se&ually transmitted disease B$S vs. Samson% 5H Phil. Summers% C. Such witness is beyond the Durisdiction of the Philippine Courts.HHKH. .H! ?aDardo vs.R. Tang Teng% '. Generally@ to what Eind of e&idence does the ri3ht a3ainst self-incri ination applies? 8enerally% it applies only to *testimonial compulsion. ?lorendo% .

. BP#"P # )S. 8avarra% ..asang+ay% . S#CR#TAR> "? E$STIC# that death through ethal InDection is the most humane way of implementing the death penalty.53 SCRA 'C'! P vs.H4 that it was merely suspended.'4! P vs.55 SCRA . #stoista% N.A the accused was validly arraigned! and @CA the accused was convicted or ac1uitted% or the case was dismissed or otherwise terminated without the e&press consent of the accused. TAMPAL. BAclaracion vs.i"i e" 8e6#'e !. *s the Death Penalty already abolished by the 1012 (onstitution? 2hile the Supreme Court answered the same in the affirmative in the cases of P vs. Phil. This is so because the testimony was ta+en while she was still in the government and as such% it was her obligation to transcribe the same% having received her salary for the day when the testimony was ta+en.unoz% . A . Wh! !'e he 'e3. Intino% September '3% .55 SCRA .*(AL LAW Prepared by: Atty. 11A. LEVISTE.F the motion to dismiss is based on insufficiency of evidence or =emurrer to #vidence! and 'F the motion to dismiss is based on the denial of the accused6s right to speedy trial. BP vs. Larry D. *s death as a penalty a cruel or unuasual punish ent? 7o.F 0double Deopardy has set in. %44 SCRA %.in P+L*.. A ."e2 0!9 7!li2l9 i-7#>e 2#. . %&& SCRA %38% the SC reversed the dismissal of the criminal case by the trial court based on *speedy trial/ since the same was not predicated *on the <AR OPERATIONS %.! P vs.A valid complaint of information! @'A filed in a court of competent Durisdiction! @.ARI"% ..F 112.ARI"% .8le Le#1!'29C There is double Deopardy when there is9 @.% !-2 PEOPLE VS. *f the dis issal was with the e#press consent of the accused@ ay the dis issal result in double 6eopardy? >es in two B'F instances. . 1A1. 3C4F.55 SCRa . In these two B'F instances% the correct description of what happened is that the accused was *ac1uitted/ and not *the case was dismissed with his consent/. It must be pointed out% however% that in PEOPLE VS. $$$. It is only when the punishment is shoc+ing to the conscience of the community and disproportionate to the offense charged that the penalty becomes cruel and unusual. Gacayan could refuse to answer only if the 1uestion propounded calls for an incriminatory answer. In fact% the Supreme Court held in #C:#8ARA> )S.F 1A0. 8atmaitan% 3C SCRA . BP#"P # )S.NKK it held in People vs. As a general rule% if the dismissal is through the instance of the accused or with his e&press consent% there is no double Deopardy.$% <ARRISTERS= CL?< Page 7% of )3 .4H SCRA . :owever% this rule admits of two B'F e&ceptions9 .!((.55 SCRA .ay a court steno3rapher who had resi3ned fro the 3o&ern ent be co pelled to transcribe her notes under pain of conte pt without &iolatin3 her ri3ht a3ainst in&oluntary ser&itude? >es.. Atencio% .

.( of Pa pan3a in an *nfor ation si3ned by the (ity Prosecutor of An3eles (ity. Gacayan clear right of the accused to speedy trial. Fe was char3ed for &iolation of PD 11:: with the .. . %84 SCRA $73) 113.in P+L*. After arrai3n ent@ the case was dis issed because it was found out that the sa e has prescribed because it was filed after ore than :A days. . At the iddle of the trial@ the Kud3e dis issed the case without the consent of the accused. If the accused was charged of *theft of electricity/ based on the City "rdinance of <atangas and not based on the Revised Penal Code and later on the case is dismissed by the Dudge due to the fact that the crime has prescribed% the government can no longer charge the accused of the same crime under the Revised Penal Code since double Deopardy has set in.e&ised Penal (ode.(%s 6urisdiction.TC which has Durisdiction over the same and the case was subse1uently dismissed without his e&press consent% then double Deopardy has set in. Since the accused was already arraigned in the .. .ay the accused &alidly in&oEe double 6eopardy if the Prosecutor o&es for the reinstate ent of the case for hi to present the e&idence of the prosecution? <AR OPERATIONS %. The City Prosecutor of Angeles City has no Durisdiction to file an information for an offense that too+ place in .he accused was arrai3ned of ho icide and entered a plea of 3uilty but prayed that he be 3i&en the chance to pro&e inco plete self-defense which the court 3ranted. After presentin3 his e&idence to pro&e $inco plete self-defense'@ the court ac"uitted hi because what was alle3edly pro&en by hi was co plete self-defense. st information before the .( and was duly arrai3ned. $48 SCRA %)%) 11!.he Discal filed another infor ation based on the . Fas double 6eopardy set in? >es. .he accused pleaded double 6eopardy. =ouble Deopardy has not set in because the first re1uisite of valid complaint or information is not present.abalacat% Pampanga. Decide. ..(. Another infor ation for the sa e offense was filed with the . CA. RELOVA. When another infor ation for the sa e offense was filed by the Pro&incial prosecutor of Pa pan3a@ the accused o&ed for the dis issal of the 2nd case based on double 6eopardy. If an act is punished by law and an ordinance% ac1uittal or conviction in one shall bar prosecution from the other.( which was liEewise dis issed because of lacE of 6urisdiction.he accused was arrested with an unlicensed firear in .$% <ARRISTERS= CL?< Page 73 of )3 . As such@ the Discal filed a 3rd infor ation for 3ra&e coercion before the . *s he correctL >es. BC?DIA VS.abalacat@ Pa pan3a.he accused was char3ed of theft of electricity based on the (ity +rdinance of 4atan3as (ity.*(AL LAW Prepared by: Atty. 112-a.he accused was char3ed of 3ra&e coercion before the ... BPEOPLE VS./ It is only when there is a clear violation of the accused6s right to speedy trial that the dismissal results in double Deopardy.he Kud3e dis issed it without any otion for the accused because the case is alle3edly outside the . 11). Larry D. . .

. Within 1) days fro pro ul3ation@ he filed a . BP#"P # )S.un. BP#"P # )S. %.7. <ALISACAN. Se1 e08e' $3. 4)$ SCRA $8&.A in a Dudgment of ac1uittal rendered with grave abuse of discretion amounting to lac+ or in e&cess of Durisdiction @PEOPLE VS. So even if the court obviously erred in the appreciation of the evidence resulting in a decision of ac1uittal instead of conviction% appeal would put the accused in double Deopardy. :owever% though the decision was erroneous% double Deopardy has set in and the government could no longer appeal the decision.*(AL LAW Prepared by: Atty.I.in P+L*. HMERCIALES VS.. Gacayan 7o because one of the re1uisites of double Deopardy is missing. 34. This is so because if the accused appeals the decision% the same will be subDect to a complete re0e&amination of the evidence on record.I78"% .A! and @'A where the prosecution had been deprived of due process due to misfeasance of the prosecutor. CO?RT OF APPEALS.4F 112. =".(PEOPLE VS.-e $/. In cases of9 @.ule :)@ "uestion the Decision of Ac"uittal by the trial court@ or for the increase of the penalty i posed by the trial court? >es..he accused was con&icted of frustrated urder.azo vs. In this case% he has to be re0arraigned for him to enter a plea of *not guilty/ in order that he could be validly ac1uitted.. . This is so because his plea was one of guilty and yet% he was ac1uitted.ay the 3o&ern ent @ by way of Petition for (ertiorari under . SCRA %. Court% .ay the 3o&ern ent appeal a 6ud3 ent of ac"uittal or for the increase i posed? of the penalty 7o since double Deopardy has set in. . 37) SCRA 34&P PEOPLE VS.rial based on a $newly-disco&ered e&idence' which was 3ranted by the court. B. 7". :"7.ay the prosecution appeal the ac"uittal since the e&idence presented was not really a newly-disco&ered e&idence but a for3otten one and that e&en assu in3 that the sa e is a newly-disco&ered e&idence@ it was insufficient to o&erturn the e&idence of 3uilt as pro&en by the prosecution. Eudge :ernando% . VELASCO. )# ASC"% 8. In the case of P vs. . %.. SANDIGAN<AFAN * <AR OPERATIONS %.'4CCC% .% 'HHHF. SCRA '. +..% the Supreme Court held that indeed% the evidence presented was not *newly0 discovered evidence/ and that assuming it to be so% it was not sufficient to overturn the evidence of guilt as shown by the prosecution6s evidence.HK SCRA .'.CH SCRA 'H4% S#PT. There was no valid arraignment. (i e2 PEOPLE VS. After the presentation of the alle3ed $newly-disco&ered e&idence'@ the accused was ac"uitted. Larry D.R.. :owever% if the accused was the one who appealed the decision of the C?I convicting him of homicide Bthough he was charged of murderF% the appellate court may convict him of murder if the evidence warrants and that the lower court mis0appreciated the evidence. 'andiganba>an.arch '% 'HHNF 111-a. SANDIGAN<AFAN. . $7 SCRA $$$)) 11:. .. .$% <ARRISTERS= CL?< Page 74 of )3 . As mandated by the Constitution% statutes and cognate Durisprudence% an ac1uittal is final and unappealable on the ground of double Deopardy% whether it happens at the trial court of a Dudgment of ac1uittal brought before the Supreme Court on certiorari cannot be had unless there is a finding of mistrial% as in :alman vs.otion for <ew .

ay the pri&ate co plainant &alidly file a . The Supreme Court held that Art.'.!'9 $8. 433! P vs.R.$%. Gacayan IMELDA MARCOS. '3H! P vs. %.!'9 $.K' SCRA 3H. Larry D. Fe entered a plea of 3uilty in the first case and when he was about to be arrai3ned in the second@ he in&oEed double 6eopardy and prayed for the dis issal of the 2nd case. Taro+% 4. B LE+ANO VS.. SCRA 3. PEOPLE. . City Court of .$%P VILLAREAL VS. RA K'CN is not a penal law.urder without &iolatin3 the rule on double 6eopardy? 7o. ET AL. The ac1uittal of :ubert 2ebb and his co0accused by the Supreme Court in the )izconde RapeP. Fe8'. <uling% .*(AL LAW Prepared by: Atty. +?DGE PEDRO.econsideration of a Decision of the ?upre e (ourt A(L5*. vs. $7%7$/.!'9 /. BPA7?I " . Decide.! and P vs.'! P vs..$% <ARRISTERS= CL?< Page 7& of )3 .$$) 111. :e could not be tried again for the 'nd case.ape with Fo icide and .elo vs. A single negligent act could not be the subDect of two B'F criminal informations. Phil. %. What are the different for s of e#-post facto law? In order that a law is an e& post facto law% the same must be oneT <AR OPERATIONS %. 7o. Fe8'. +!-.$%P FSIDORO VS.N It simply provides that an accused6s conviction shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information when the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge or that the facts constituting the graver charge became +nown only or were discovered after a plea was entered in the former complaint or information.8. PEOPLE * PEOPLE VS.'KHN3% Eanuary 'H% ..in P+L*. "therwise% the same may not be invo+ed as when the 1uestioned law involves the Durisdiction of the Sandiganbayan which is not a penal law.#" AC"P S ?RA7CISC" O$<IA% ER.4 110.. )illasis% C3 ". It is a substantive law on Durisdiction which is not penal in character.anila% . People% K5 Phil. #& post facto law prohibits the retrospectivity of penal laws. @IVLER VS.otion for . %. TERESITA CASTRO. What is the N?uper&enin3 Dact Doctrine. N#.*<G Fubert Webb and co pany of . %. G. @?<ERT WE< ET AL. Tac0an% .ecEless i prudence resultin3 to sli3ht physical in6uriesP and B2C .% R".NNNF 12A. T:# #(#C$TI)# S#CR#TAR>% T:# SA7=I8A7<A>A7% #T A . Kason *&ler was char3ed of: B1C . @ON.. Adil% 43 SCRA C3'! P. 111-b. Fe8'. %.$. Article CK of the Revised Penal Code allows comple&ing a crime if it involves grave and less grave felonies but the Ivler case does not.R. When ay the $e#-post facto law' rule be in&oEed? "nly if the law sought to be applied is a *criminal law or penal/.H4 Phil.!'9 7.urder cases is final. N#7e08e' $7. 4. ACS"7 )S. =ouble Deopardy has set in. CK does not apply to negligence casesF 111-c.ecEless i prudence resultin3 to Fo icide and Da a3e to Property as a result of his sin3le ne3li3ent act of bu pin3 the &ehicle of the &icti s.4% 'HHH Rules of Criminal Procedure! P vs. >es% double Deopardy has set in. BSection 4% Rule . '3K! . .% 8.I B7"T#9 )ery important in your Criminal aw.

*(AL LAW Prepared by: Atty. which ma+es an act done criminal before the passing of the law and which was innocent when committed% and punishes such action! b. SANDIGAN<AFAN. that which assumes to regulate civil rights and remedies but in effect imposes a penalty or deprivation of a right which when done was lawful! g. $/. which changes the punishment and inflicts a greater punishment than the law anne&ed to the crime when it was committed! d. SCRA /8/P PEOPLE VS. $). Gacayan a. 3& SCRA 4%)P ME+IA VS. <AR OPERATIONS %.$% <ARRISTERS= CL?< Page 7/ of )3 . every law which% in relation to the offense or its conse1uences% alters the situation of a person to his disadvantage! f. PAMARAN.in P+L*. deprives a person accused of a crime of some lawful protection to which he has become entitled% such as the protection of a former conviction or ac1uittal% or a proclamation of amnesty (DAF VILLEGAS DAMI. SCRA 4&7P TAN VS. which aggravates a crime or ma+es it greater than when it was committed! c. %$$ SCRA %4$). Larry D. <ARRIOS. which alters the legal rules of evidence and receives less or different testimony than the law re1uired a the time of the commission of the offense in order to convict the defendant! e.

Section 4% Article II enumerates the paramount considerations which the Philippines has to observe in dealing with other countries. 7ational interest! The right to self0determination! 7ational economy! Territorial integrity. b. b. b.in P+L*. b. 2hich is not considered paramountL a. b. c. c. Gacayan P!' III E""!9 !-2 MCK EAe'(i"e" HP#li i(!l L!4I VVVV . Larry D. d.. $nder Section . Residual power! Power of e&ecutive clemency! Power of e&ecutive impoundment! Power supervision.$% <ARRISTERS= CL?< Page 77 of )3 . d. The implied power of the President which Dustifies hisPher not releasing or *obligating/ por+ barrels of Senators and Congressmen is +nown as9 a.NK4 Philippine ConstitutionL a. VVVV . :ernandez% the Supreme Court held that the Retail Trade 7ationalization Act prohibiting aliens from engaging in retail trade in the Philippines is constitutional.*(AL LAW Prepared by: Atty. by Congress under the 8eneral VVVV 3. In #spina vs. In In In In case case case case of of of of invasion or rebellion% or when the public safety re1uires it! invasion% rebellion or insurrection! invasion or rebellion% when the public safety re1uires it! war or rebellion% when the public safety re1uires it. d. In Ichong vs. c. VVVV '.. VVVV C. d. Power of control! Power as commander0in0chief! Implied power given to him Appropriations Act! All of the above. c. competence! intelligence! responsibility independence VVVV 5. d. 2hich is a valid ground or grounds to declare martial law under the . (I% a government official shall serve with the highest degree of9 a. #&ecutive Secretary Oamora% the Supreme Court held that the Trade iberalization Act of 'HHH allowing foreigners to engage in retail trade is constitutional% under what 1ualifications9 <AR OPERATIONS %.% Art. The doctrine of e&ecutive impoundment is based on the President6s 9 a. c.

its academic freedom! its being independent from the =epartment of #ducation under its Charter! <AR OPERATIONS %. VVVVV K. c. 2hich is not correct as a proposition insofar as the '5H%HHH population re1uirement is concerned9 a.$% <ARRISTERS= CL?< Page 78 of )3 . VVVV .TC and RTC were affirmed by the Court of Appeals but accused filed a Petition for Review before the Supreme Court.TC of a crime though on appeal to the RTC! :e was convicted by the RTC on Appeal from the . crimes punishable by reclusion perpetua or higher! election offenses without the favorable recommendation of the C". Gacayan a.TC =ecision! The Prosecutor filed a Criminal Information against the convict before the . b.. VVVV . b. :e was already convicted by the . b. c. c. d.in P+L*. VVVV N. c.*(AL LAW Prepared by: Atty. The power of the $niversity of the Philippines to close its :igh School in $P <aguio is based on9 a. b. in the creation of a new province! in the creation of a highly urbanized city entitled to one member of the :ouse of Representative! in the creation of additional legislative district in a highly urbanized city! in the creation of a new legislative district in an e&isting province.TC! The =ecisions of the .H. There is already a violation of a conditional pardon which would Dustify the immediate arrest of the convict as early as when9 a. b.# #C! crimes against the State! impeachable officers who are convicted by of graft the Sandiganbayan. d. VVVV 4. c. b. d. he is already found administratively liable by the Supreme Court for the same act! he is a recidivist! he was caught in the act receiving a bribe and the evidence of guilt is strong! he was already found liable administratively by the Supreme Court before in a similar offense. d.. Larry D. they shall be allowed only to retail groceries li+e coffee and sugar! they shall only be allowed to retail garments made in the Philippines only! they shall only be allowed to retail cars manufactured in their country of origin! they shall be allowed a limited capital only . The President could not e&ercise the power of e&ecutive clemency on his own alone in cases of9 a. d. A Dudge or Dustice may be investigated only by the "ffice of the "mbudsman for possible criminal liability if9 a.

st nominee of a party0list group after election upon the Resolution of the maDority of the board of said party0list group after it was determined that such group is entitled to a seat in the :ouse of Representatives! Register a party0list group whose members are gays% lesbians% bise&ual and transgender since they are not specifically mentioned as *marginalized/ in )eterans Party vs. st complaint but the new complaint is based on an act committed after the filing of the first complaint.$% <ARRISTERS= CL?< Page 7) of )3 . VVVV .'. d. c. the power of the <oard of Regents to decide on the feasibility of operating its other branches and that its operation in $P :igh School <aguio results in deficit! its being autonomous as the premier State $niversity in the country. b.# #C over Party0list 8roups9 a. d. Trying an impeachable officer based on several impeachment complaints filed on different dates before the :ouse of Representatives but referred to the Committee on Eustice on the same day! Trying an impeachable officer on several impeachment complaints filed on the same day but tried one after the other! Trying an impeachable officer on a second complaint filed within three B.5.. d.C.*(AL LAW Prepared by: Atty.3. C". VVVV . legitimizing function! educational or symbolic function! chec+ing function! Dudicial function. d. VVVV . by reason of consent! <AR OPERATIONS %. VVVV . 2hich may be allowed in the impeachment of an impeachable officer9 a.NK4 Philippine Constitution are the maintenance of peace and order% protection of life liberty % etc. of property! promotion of general welfare! protection of the environment! maintenance of monopolies.# #C.in P+L*. d. 2hich of the following is not within the powers of the C".. c. order the publication of the list of nominees for the different party0list groups because the Party0 ist law provides that the same is confidential! refuse the registration of a party0list group because the members thereof belong to religious groups! change the .F months from the dismissal of another complaint by the Committee on Eustice but did not reached the plenary! Trying an impeachable officer within a year from the dismissal of the . Gacayan c. b. b. Larry D. c. 2hich is not an underlying principle behind the State immunity from suit9 a. b. The most basic State Policies under the . The aspect of the power of Dudicial review wherein the courts could decide even moot and academic cases is specifically called9 a. VVVV . c.% but not9 a.

d. VVVVV . Gacayan b. c. c. c. The Supreme Court acting as the Presidential #lectoral Tribunal BP#TF may promulgate rules based on the Constitution giving themselves allowances% appoint personnel of the P#T% create a separate seal different from that of the Supreme Court and others based on its9 a. c. VVVV . )II of the Constitution! Section .K% Art. 2ho need not be confirmed by the Commission on AppointmentsL a. d. Section '. VVVV'. by reason of public policy! by reason of sovereignty! by reason of e&pediency. Eudicial power may be e&ercised even in moot and academic cases if it involves9 a. d. VVVV . of )3 . b. Larry D. Col. d. b. 2hich office or branch of the government does not have e&pressed fiscal autonomy under the ConstitutionL a. )II of the Constitution. culpable violation of the Constitution! susceptible of repetition% yet evading Dudicial review! the need to lay down guiding principles for other government officials to follow! All of the above. Pedro Pendu+o on his promotion as full colonel! Ambassador to the $nited 7ations! 7ew Dustice of the Supreme Court.4% Art. d. b. <AR OPERATIONS %.K.$% <ARRISTERS= CL?< Page 8. b.% Art. VVVV''. )I of the Constitution! ?irst Sentence% of Section . #ven if one of the four BCF re1uisites of Dudicial review is not present% the courts may decide cases involving it if9 a.N. c. d.4. d. VVV'H. c. it it it it involves involves involves involves a Senator or Congressman as petitioner! a Provincial 8overnor as petitioner! a .*(AL LAW Prepared by: Atty. Constitutional Commissions! Eudicial =epartment! ocal 8overnment units as to their share in national ta&es! #&ecutive =epartment.in P+L*. b.. residual power! doctrine of necessary implication! commander Win0 chief! fiscal autonomy.4% Art. (II of the Constitution! Section .ember of the Cabinet as the petitioner! paramount public interest. A declaration of national emergency by the President of the Philippines is valid% even without the approval of Congress if it is based on9 a. Consul to Timbu+to! t. b. c.

Gacayan VVVV'. :ighly technical! Policy determining! Primarily confidential! Probationary employee. VVV'3. Affects national security! :as the effect of damaging our diplomatic relations with another country! . VVVV'5. power to appoint! <AR OPERATIONS %.# #C may dis1ualify party0list groups in the ne&t elections if they failed to get at least '. d. The President! Eustices of the Supreme Court! Senators! )ice President. d. b.ilitary secrets! All of the above.# #C may still determine the 1ualifications of members of party0list groups even after elections since it is the one which registers such party0list group under the law and the Constitution as well as proclaims their winning candidates of said groups for the :ouse of Representatives! The C". c. VV'4. 2hich position does not necessarily re1uire the aptitude of the appointee but more on his close intimacy with the appointing power9 a. VVV'K. d. b. c.in P+L*. b. The C".# #C may continue to decide after the election the earlier case regarding the 1ualification of a candidate for Senator which was filed before the election since once Durisdiction is ac1uired% it will remain with it! "nce a candidate for Congress is proclaimed and has ta+en his oath% any 1uestion relating to his election% returns and 1ualifications shall now be lodged at the appropriate #lectoral Tribunal! The C".$% <ARRISTERS= CL?< Page 8$ of )3 . c. b. 2hich is the most correct proposition9 a. Canvass of the results of the Presidential and )ice Presidential #lections! Impeaching the President! Conduct of in1uiries in aid of legislation! Creating a new province. d. Larry D. c. The *residual power/ of the President emanates from his9 a. d. b. 2hich is not one of the *non0legislative powers/ of Congress9 a. VVVV 'C. c. The CH years of age as a 1ualification does not apply to9 a..of the votes cast and did not participate in the two B'F previous elections% or vice versa% based on the party0list law.*(AL LAW Prepared by: Atty. The e&ecutive privilege may be invo+ed by the President or any member of his Cabinet as well as the 8enerals of the Armed ?orces of the Philippines if the information sought by legislators from them9 a.

The refusal of the President to allow members of his Cabinet to appear in in1uiries in aid of legislation in Congress violates not only Section '. d. c.. Treason! <ribery! <etrayal of Public Trust! "ther high crimes. d. Philippine ConstitutionsL a. Treaty0ma+ing power! 8ranting Amnesty to rebel soldiers! Ta& Amnesty! Appointment of .in P+L*. VV.NK4 Philippine Constitution but also9 a. II of the Constitution! Section . 2hat +ind of laws must e&clusively originate RepresentativesL a.embers of the :ouse of RepresentativesL 'P.$% <ARRISTERS= CL?< Page 8% of )3 . c.5 and .P. VV'N. c. c. b. b.. VV. from the :ouse of VV. b.*(AL LAW Prepared by: Atty. b. 2hich of the following votes are needed to *impeach/ any of the impeachable officersL a. Section 'K% Art.embers of the Senate.. 2hich of the following ground for impeachment was not part of the . Larry D. 2hich of the following act of the President does not need the concurrence or confirmation of Congress or any Committee thereof9 a. 'P. VV. )I of the .H. VV. III of the Constitution! All of the above. of Art.'. d. d.N. (I of the Constitution! Section 4% Art.embers of the Senate! .. d. 2hich appointment does not re1uire *merit and fitness to be determined by competitive e&aminationL a.C. c. Revenue bills! Appropriation bills! <ills of local application! All of the above. votes of all the . <AR OPERATIONS %. vote of both :ouses of Congress voting separately! X votes of all the .embers of the Cabinet. votes or signatures of all the . d. c. b. b.N4. c. Gacayan b.% Art. d. :ighly technical! Primarily confidential! Policy =etermining! All of the above. *calling out power/ as commander0in0chief! power of control! pardoning power.

on his first day in office because he believes the latter6s contract with the City is not valid.m. The "mbudsman has no power to investigate and file a criminal or administrative case against a City . d. d. VV.H days from receipt of a bill enacted by Congress99 a. industry! probity! efficiency! leniency. VVVVV. c. Consul to Timbu+to! Tagapangasiwa ng <ang+o Sentral! Commissioner of Internal Revenue! Eustice of the Supreme Court. 2hich of the following instances where the :ouse of Representatives and the Senate are not e&pressly mandated by the Constitution to vote separately and therefore may vote Dointly9 a. c.4. c. enforce laws and regulations relative to conduct of elections! deciding appeals involving elections of Sangguniang members! enforce laws relating to referendum and plebiscites! Mabataan <AR OPERATIONS %. b. b.ayor charged of9 a. c. c.K. VVVVVCH. d. Gacayan VV. Aside from *utmost responsibility% integrity and loyalty/. d. needs confirmation by the Commission on VV. b.in P+L*. =eclare the e&istence of a state of war! Confirmation of a 7ew )ice President nominated by the President! Concurrence to a declaration of amnesty by the President! In case there is conflict between maDority of the . Raping his e&ecutive secretary inside his office at City :all during office hours! <ribery! Refusal to implement an "rdinance passed by the City Council which he vetoed but was overridden by said body! Padloc+ing the "ffice of Eadewell Corporation at <urnham Par+% <aguio City% at N p.N.5. Larry D. b. b. d.*(AL LAW Prepared by: Atty.$% <ARRISTERS= CL?< Page 83 of )3 . 2hich of the following instances results in a valid approval into law by the President within .3. VVV. Signing the approved bills at the Philippine #mbassy in 7ew >or+% $SA! Signing the approved bills inside the $S Congress! Signing the approved bills over the Pacific "cean on <oard Singapore Airlines! All of the above. b. 2hich is not within the power of the Commission on #lections9 a. c. 2hat other 1uality must a public servant possessL a.embers of the Cabinet and the President on whether the latter is incapacitated to perform his duties. 2hich appointment AppointmentsL a.

d. sports! arts! culture! tourism. VVVVVC'. 2hich court is not mandated by the Constitution to decide cases before it within three B. b. VVVC5. A member of the Eudiciary must be a person who possesses the four 1ualifications summarized by the word CIPI. b. pardon! amnesty! <AR OPERATIONS %.$% <ARRISTERS= CL?< Page 84 of )3 . Patriotism! Probity! Professionalism! Philosophy.'0H results in favor of the candidates for Senator of the incumbent President. c. c. Gacayan d. In a :ouse of Representatives with a total of 'CH members% what is the minimum number of . enforce laws regarding People6s Initiative to amend the Constitution. d. d. CH! .H! 'H! . b.*(AL LAW Prepared by: Atty. 2hich power of e&ecutive clemency may not be e&ercised alone by the President% as a general rule9 a. c. VVVCC. VVVVVC.aguindanao to deliver a ... d.eetings! confidential instructions by the Secretary of the =epartment of Interior and ocal 8overnment to the Provincial 8overnor of . b. $nder the deliberative process privilege granted to the President of the Philippines as well as members of his Cabinet% it does not include9 a.in P+L*.embers of the Cabinet with the President during Cabinet . b. c. seat at the Commission of AppointmentsL a. 2hich is not considered a *priority/ for the government under our declaration of principles and state policiesL a. b.. Larry D. c.H. Regional Trial Courts! Sandiganbayan! Court of Ta& Appeals! .embers must a party have to be entitled to . 2hat does the letter *P/ stands for as a person with *proven/L a. VVVC3.F months from the time said cases are deemed submitted for decisionL a. advisory opinions to the President! legal opinions of the ="E Secretary to the President! discussions by .unicipal Trial Courts. VVVVVC. d.

'P. b. d. VVVC4. b.embers of the specific :ouse who are present.in P+L*. Time and place where the speech is made! Content or substance of the speech! Association or group where the spea+er belongs! Religious group of the spea+er. As a rule% *tips/ are not sufficient to vest probable cause on the part of the police officers to conduct warrantless searches and seizures% e&cept9 a. of both :ouses voting separately! .. <ill amending the Senior Citizens Act! <ill creating the City of Tacloban% eyte! <ill adding the position of ..unicipalPCity Arbitrator for all cities and towns in the country aside from the officials indicated in the ocal 8overnment Code. b. 'P. The vote needed to suspend or e&pel a Senator or Congressman for disorderly behavior is9 a. i#-!l L!4I VVVV .P5 of the . C.P5 of the total members of the :ouse holding such session! . d. c. 2hich need not e&clusively originate from the :ouse of RepresentativesL a.*(AL LAW Prepared by: Atty. '.embers present! X of the . d. d. The prohibition on the President to ma+e appointments two months before the ne&t Presidential #lection and up to the end of his term% according to the Supreme Court in the case of ART$R" =# CASTR" )S. .aDority of the members of both :ouses voting separately. C#-" i . of the .aDority of the .embers of the :ouse where he belongs! . Larry D. Gacayan c. The voting in each :ouse of Congress on matters affecting national security may be entered in the Dournal upon the re1uest of9 .$% <ARRISTERS= CL?< Page 8& of )3 . b. VVV5H. E$=ICIA A7= <AR C"$7CI % applies only to the9 a.! <ill appropriating supplemental budget for victims of Typhoon Sendong. *Content0neutral/ as a restriction to freedom of e&pression deals with the9 a. In moving vehicles where there is no sufficient time to secure a search warrant from the courts! Chec+points! <AR OPERATIONS %.embers present! . VVVCK. of the members of the :ouse where he belongs! 'P. commutations! remit fines and forfeitures. d.. c. VVVV '. Dudiciary! constitutional commissions! e&ecutive department! "mbudsman. c. c. b. VVV CN. H<.

b. Search involving hot logs! all of the above. b. VVVV C. d. VVVV 3. d. Gacayan c. the accused is charged of a capital offense but the evidence of guilt is strong! the accused was convicted by the RTC of :omicide and was sentenced to . c. Larry D. must not prohibit but merely regulate trade! must allow the policemen to use their discretion on whether a particular act violates public morals or not! authorizes the City or . unreasonable searches and seizures! cruel and unusual punishment! double Deopardy! non0imprisonment for debt. c. day up to . VVVVVK. 2hich of the following acts violates the right against self0incrimination of a personL a. VVVV 5. as cited in Jhite 0ight Corporation vs. day to 'H years imprisonment! the accused was convicted by the RTC of robbery and sentenced to 3 years and .ayor to close down establishments which he deems as promoting immoral acts! authorizing the law enforcement authorities to confiscate magazines which are obscene.'. b. Cit> 2a>or of 2anila. c. one of which is the= a. d. v. VVVV . VVVV 4. d. 2ho among the following officials may not validly conduct custodial investigationL <AR OPERATIONS %. . Re1uiring a man to give a sample of his semen for =7A #&amination to determine the paternity of a child! Re1uiring a suspect to try a pair of pants! Re1uiring a person to read a particular news item in order to compare his voice with the voice of the assailant which was recorded at the cellphone of the victim! 7one of the above. d. Supreme Court in 7. In order that an "rdinance is considered a valid police power measure% it9 a.C years and .*(AL LAW Prepared by: Atty.$% <ARRISTERS= CL?< Page 8/ of )3 .unicipal . b. The general test of the validity of an ordinance on substantive due process grounds is best tested when assessed with the evolved footnote C test laid down by the $.S. b.' years imprisonment but Dumped bail several times during the trial of his case! all of the above. clear and present danger test! dangerous tendency test! heightened or immediate scrutiny test! prior restraint test. d. c.es 6udicata in prison 3ray is +nown as the right against9 a. c. Carolene Products.. <ail is a matter of discretion in cases where9 a.in P+L*.

c..'.*(AL LAW Prepared by: Atty. b.5. b. VVVV . Gacayan a.in P+L*. b. <arangay Captain! <arangay <antay <ayan! Investigator of the CI=8! Investigator of the 7<I. d. . *O/ was immediately cited for contempt of court for being late in his court appearance. c.of the mar+et or zonal value based on the latest ta& declaration! 7one of the above. To To To To promote promote promote promote public morals! economic stability of the people! free enterprise! public health! VVVV . b. VVVV . may allow the rally but at a different place as a result of the evidence of clear and present danger! may allow the rally in the same place but at a different time! as a result of the evidence of clear and present danger! may deny the application for a rally permit based on clear and present danger after giving the applicant the chance to rebut the evidence in his possession. c.of the fair mar+etPzonal value of the property sought to be e&propriated based on the latest ta& declaration! .of the assessed value of the property sought to be e&propriated based on the latest ta& declaration! .H. to 5 and from . Right to be presumed innocent! Right to independent and competent counsel of his own choice! Right to speedy trial! <AR OPERATIONS %. c. In an application for a rally permit% the City . b. VVVV ..ayor9 a. 2hich is not a valid e&ercise of police power9 a. All of the above.$% <ARRISTERS= CL?< Page 87 of )3 . 2hen *A/ was ordered dismissed from his Dob immediately after his employer saw the CCT) showing him stealing a company property! *(/ was not given the opportunity to be heard before declaring his classmate *>/ as the class valedictorian despite the fact that he was always first in class from 8rades .HH. Larry D. VVVV N.anila% the government must deposit an amount in order to be issued a writ of possession e1ual to9 a. There is no violation of the right to due process if9 a. In an e&propriation case for the construction of a school building to be owned by the City of . st to .HH. d. c. d. b.. d.rd 8rading in 8rade )I! 2hen the RTC decided the case after the submission of the answer without conducting a full0blown trial! 2hen Atty. d.. 2hich of the following is not one of the rights of an accused during criminal proceedings9 a. c.

b. 2hich of the following is the right of the accused to be invo+ed if the witness failed to return for cross0e&amination9 a. 2hich right of the citizen will be violated if the PC88 Commissioners refuse to attend a Senate In1uiry in aid of legislation as a result missing funds of P:I C". The e&traDudicial confession of *A/ is not admissible in evidence in which of the following9 <AR OPERATIONS %.4. Re1uiring a man to give a sample of his semen for =7A #&amination to determine the paternity of a child! Re1uiring a suspect to try a pair of pants! re1uiring a person to give a sample of his urine for testing on whether she is pregnant or not to be used in her prosecution for adultery! 7one of the above. c.C. In order that consent to a 2arrantless searches and seizure is valid! which is the most correct proposition9 a. b.$% <ARRISTERS= CL?< Page 88 of )3 . c. Right to privacy! Right to information! ?reedom of e&pression! ?reedom of Religion VVVV . VVVV . b. the owner of the house to be searched must give his consent! the owner of the place to be searched must give his consent to the search of specific items sought by the searching party! the wife will give her consent to the search as a co0owner of the house to be searched! the husband and wife who own the house to be searched must give their consent. e. Police line up! Arraignment! Custodial investigation for a minor offense! Promulgation of his sentence. Larry D. 2hich of the following acts violates the right against self0incrimination of a personL a. VVVV . Gacayan d. VVVV .*(AL LAW Prepared by: Atty.SAT% a se1uestered company9 a.in P+L*. All of the above are the rights of an accused during criminal proceedings. d.N. d.K. Right to confront witnesses face to face. Right Right Right Right to to to to be presumed innocent! independent and competent counsel of his own choice! speedy trial! confront witnesses face to face. c. d. d. c. VVVV . VVVVV . The presence of a lawyer for the accused is not needed during9 a. b.3. b. c. d.5.

A criminal case was reinstated after dismissal based on demurrer to evidence based on insufficiency of evidence since an eyewitness surfaced with a videotape of the commission of the crime. d. a.TC on its own for lac+ of Durisdiction after arraignment but admitted a second information for the same crime upon being shown of the latest Supreme Court decision stating that the . Gacayan a.in P+L*. b. of the Comprehensive =angerous =rugs Act% RA 7o. b. <ased on the accused6s right to be presumed innocent% he is entitled to ac1uittal in case of9 a. VVVV''. Inconsistent testimonies of the prosecution witnesses on material matters! 7on0compliance by the arresting authorities of the re1uirements of Section '.ayor that he +illed and raped his cousin after being threatened by said official without informing him of his rights during custodial investigation! d.35! <AR OPERATIONS %. N. :e went to the police station and surrendered telling the . d. In e&tradition cases% which statement is true9 a. Larry D. st policeman he met at the police station *I +illed my brother because I caught him in the act of se&ual intercourse with my wife/ without being informed of his rights during custodial investigation! :e told the Dail guards responding to shouts for help of an inmate stabbed by him inside the comfort room of 7ew <ilibid Prisons without being informed of his rights during custodial investigation!! :e told the . <ail is allowed if the crime the e&traditee is charged in another country is bailable! <ail is allowed if the crime committed in another country is also a crime punishable in the Philippines and it is bailable here! <ail may be allowed if the e&traditee could prove by clear and convincing evidence that he is not a flight ris+ and that he will assure the court that he will follow the conditions imposed by the court! <ail may be allowed if he is a member of Congress and the crime he committed in another country is not punishable by more than 3 years imprisonment. There is no double Deopardy in which of the following instance9 a. c. b. c..*(AL LAW Prepared by: Atty.$% <ARRISTERS= CL?< Page 8) of )3 . VVVV'. :e answered the 1uestions of the policemen who invited him to shed light on the death of his neighbor while wal+ing along the road towards the police station without informing him of his rights during custodial investigation. c. VVV'H. A criminal case for estafa was reinstated after si& B3F months from the time it was provisionally dismissed despite the vigorous obDections of the accused invo+ing his tight to speedy trial% because the prosecution could not locate its documentary e&hibits after arraignment! A criminal case was reinstated by the RTC after the Court of Appeals reversed and set aside its earlier order declaring that there is no probable cause in the filing of the case! A criminal case for grave for grave coercion was earlier dismissed by the . b.TC has e&clusive original Durisdiction in cases of said nature.

The accused in a . of )3 . All of the above. The freedom of e&pression% speech or the press are not absolute. c.in P+L*. d. VVVV'3. d. d.otion for Reconsideration of the decision of the RTC because the accused was convicted of :omicide instead of . The testimony of the private complainant is unbelievable and contrary to common human e&perience! All of the above. VVVV'5. Parliamentary immunity! Transactional immunity! Presidential immunity! $se immunity. The Court of Appeals increased the penalty to reclusion perpetua on appeal by the accused because it found the evidence sufficient to convict the accused for . b. Right to travel! Right against involuntary servitude! Right to locomotion! All of the above. VVVV'4..$% <ARRISTERS= CL?< Page ).F women! <AR OPERATIONS %. b. They may not be validly invo+ed in the case of9 a. VVVV 'C.HH counts of <P <ilang '' with aggregate amount of P. Gacayan c.. d. The immunity from prosecution whereby the accused could not be charged of any crime whatsoever in addition to the crime where he is testifying in court is9 a. <ail is a matter of right whenT a. d.HH. c.urder! The Prosecution filed a . e. c.urder as charged in the information! The Solicitor 8eneral filed a petition for certiorari as a result of the erroneous ac1uittal of the accused by the RTC when no less than the Supreme Court believes that there is proof beyond reasonable doubt to find the accused guilty as charged. The right of a housemaid violated by the act of her employer not to allow her to transfer to another employment since she has already received all her salaries up to =ecember . VVVV'.'.% 'H. movies with e&plicit se& scenes and violence li+e the )izconde Story showing the gruesome murders of three B. a.3 years old! The accused is charged of . b.urder case is . b.HH counts of falsification of public documents! The accused is charged of multiple homicide! The accused is charged of .urder9 a. Larry D.urder! The Court of Appeals increased the penalty to reclusion perpetua on appeal by the State because it found the evidence sufficient to convict the accused for . There is no double Deopardy if after an accused was convicted of the crime of homicide before the RTC of <aguio City after he was tried for . c.*(AL LAW Prepared by: Atty.

=amaso was opened by the owner thereof% . d. =ue process may not be invo+ed in9 a. 2hile serving a validly issued search warrant for an unlicensed firearm inside the house of an accused% the policemen found a sachet of metamphetamine hydrochloride in one of the cabinets of the accused which they seized! 2hile validating a tip that the house of . Gacayan b. c. c. There is violation of the e1ual protection clause if9 a.%HHH. b.HH fully grown mariDuana which they uprooted and seized then arrested .. hr. the life of a woman whose wor+ is having se& with a partner inside a loc+ed room with 'HH paying male customers watching! a lady actress completely in the nude being the model of 'HH $P fine arts students for their final assignment in *painting/! a lady 8uest Relations "fficer dancing totally in the nude in a nightclub patronized by high ran+ing government official who re1uested her to dance that way. VVVV. Larry D.in P+L*.. VVVV'N. VVVV'K. b.F sachets of shabu at the front seat of the car which he seized. d.adam (% the police saw an unlicensed . b. VVVV. (! After the owner of an apartment leased to . d. ( in a far0flung barangay in <angued% Abra% is surrounded by fully grown mariDuana plants% the policemen indeed found . 2hich of the following may be validly considered valid search and seizure under the “plain view doctrine L a..r.r.*(AL LAW Prepared by: Atty.HH when% despite the lapse of . c.r. 2hich of the following violates the *religious rights/ provisions of the Constitution9 <AR OPERATIONS %.$% <ARRISTERS= CL?< Page )$ of )3 . the government gives some ta& e&emptions to establishments inside the e&port processing zones but not outside it! non0Igorots BIbaloi and Man+ana0eyF spea+ing individuals are not allowed to wor+ in establishments within the Cordillera Administrative Region! The soldiers and policemen are given allowances in addition to their salaries while other government employees are not entitled thereto! 2hen the registered voters of one component city are not allowed to vote for provincial officials while the registered voters of the other NN component cities in the Philippines are allowed to do so. c. the e&pulsion of the members of some disloyal members of the iberal party without notice and hearing! outright dismissal of an employee who uttered threatening remar+s to his employers in the presence of 'H co0employees! e&pulsion of a $C aw Student who allegedly wrote libelous and disparaging remar+s against the =ean in her ?aceboo+ Account! a court order re1uiring a lawyer to pay a fine of P.C Armalite Rifle on top of a table therein which they seized! 2hile boarding the car of the man arrested in a nightclub for illegal possession of firearm% the policeman accompanying the suspect to the police station saw three B. d. from the scheduled hearing% he is still not in court without any motion for postponement or Dust te&t or telephone call to the court thereby delaying the administration of Dustice.H.

C. b.arcoses allowing the latter from retaining 35. =e os Reyes% the Chief of the said office! The lawyer representing the accused was inside the investigation room of the Cebu P7P assisting another client when the investigator started as+ing 1uestions and Doined said suspect only on the si&th 1uestion! All of the above. Gacayan a. There is no violation of the right to information on matters of public concern in the following situation9 a..acapagal Arroyo failed to provide a copy% even though she earlier promised to do so% of the Eapan Philippines #conomic Partnership Agreement BEP#PAF% to different businessmen who re1uested for a copy of the same so that they could give their comments since it is a matter of importance to them% before signing the same as a treaty with Eapan! PC88 entering into a compromise agreement with the .of the amounts allegedly stolen by them without first informing the public about it BChavez vs.embers of Iglesia ni Tu+a+/ are re1uired to pay the same ta&es as all others though they believed that their ta& should not be more than . Larry D. d.*(AL LAW Prepared by: Atty. c. b.I ? giving the latter sovereignty over the lands and waters within the <angsamoro Euridical #ntity! enter into diplomatic relations with other countries and perform other sovereign acts outside the Philippine government! 2hen a government office refuses to give copies of documents li+e how millions from the national budget are to be spent for dole0outs to the poor segments of the society.Hof their income in order not to affect their right to survive! Prohibiting churchgoers from shouting some slogans against alleged corrupt while going to church which is beside . The right to counsel during custodial investigation was violated if9 a. c. President 8loria .alacanang! Re1uiring them to train and Doin the armed forces even if their religion prohibits them from doing so since they believe that they should not +ill or be +illed.in P+L*.. PC88F! The 8overnment 7egotiating Panel entering in to an agreement with the . VVV. c. VVVV. E S S A F I <AR OPERATIONS %.uslims should wor+ even on ?ridays during the Ramadan season because the same is a regular wor+ing day under the abor Code of the Philippines and all employees regardless of their religious inclinations are also wor+ing000even if the same is against their religious beliefs! *.'. The lawyer given by the investigator of the 7<I to the accused is one who is applying for a Dob at the 7<I and was accepted as an investigator ' days later! The lawyer given by the Investigator of the 2estern Police =istrict is Atty. d. .$% <ARRISTERS= CL?< Page )% of )3 . d. b.

AM<ROS @O<ART @.ay a court validly decide a civil case for collection of a sum of money after the defendant filed his verified answer to the complaint which was li+ewise verified% without the benefit of a full0blown hearingL Is there any constitutional right violated by such a procedureL #&plain fully. REFNALDO ?. FEE MILDRED P.in P+L*. C@AN VIRGEL AMOR O.ay an accused in a criminal case be allowed to travel abroad during the pendency of his case in courtL If so% what are the re1uisites that he must comply withL If not% why notL III . TOMAS GLADF MAE S. AGRANBAMENDEB <AR OPERATIONS %. ESTRADA ROMEL L. TALAN R?DDF ALLEN N. <ASILAN A<<FGAILE T. CALDERON ATTF. VALLE+OS ATTF.*(AL LAW Prepared by: Atty. ISAGANI G. PAK?IT G?NT@ER ?.ay criminal proceedings in court% particularly the testimonies of witnesses% be the subDect of a news item in a newspaperL If so% what are the guidelines to be followed by the reporter in order not to violate the rights of the accusedL T@E <ARRISTERS= CL?< OFFICERS Chancellor= *ice Chancellor= 'ecretar>= Treasurer= P"!= P"!= ?usiness 2anager= ?usiness 2anager= '': "epresentative= 1AE!fficio= &dviser= -ean. Larry D. GONBALES S@ERLFN P. II . Gacayan . College of 0aw= RONA <.$% <ARRISTERS= CL?< Page )3 of )3 .

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