Professional Documents
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Political Law Ateneo 2007 PDF
Political Law Ateneo 2007 PDF
Political Law
SUMMER REVIEWER
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Advisers: Atty. Sedfrey Candelaria; Head: Patricia Libo-on; Understudy: Grip Bueta
Members: Felippe Closa, Juancho Hernandez, Immaculada Ylagan
needed to respect
see this picture. to the waters
Important distancesare with
around the Philippines
Territorial Sea
12 nautical miles (n.m.)
Contiguous Zone
12 n.m. from the edge of the
territorial sea
Exclusive
200 n.m. from the baseline
Economic Zone
[includes T.S. and C.Z.]
NOTE: There can be a Continental Shelf without an
EEZ, but not an EEZ without a Continental Shelf.
TERRITORIAL SEA
The belt of the sea located between the coast and
internal waters of the coastal state on the one hand,
and the high seas on the other, extending up to 12
nautical miles from the low water mark.
CONTIGUOUS ZONE
Extends up to 12 nautical miles from the territorial
sea. Although not part of the territory, the coastal
State may exercise jurisdiction to prevent
infringement of customs, fiscal, immigration or
sanitary laws.
EXCLUSIVE ECONOMIC ZONE
Body of water extending up to 200 nautical miles,
within which the state may exercise sovereign rights
to explore, exploit, conserve and manage the natural
resources
The state in the EEZ exercises jurisdiction with
regard to:
1. the establishment and use of artificial islands,
installations, and structures;
2. marine scientific research;
3. the protection and preservation of marine
environment;
Article II DECLARATION OF PRINCIPLES AND
STATE POLICIES
Selected principles
Sec. 1.
The Philippines is a democratic and
republican state. Sovereignty resides in the people
and all government authority emanates from them.
Elements of a State (for municipal law purposes)
1) People A group of persons sufficiently
numerous held together by a common bond
2) Territory A definite area over which the
State exercises sovereign jurisdiction
3) Sovereignty Power of the State to regulate
matters within its own territory.
4) Government Institution organized and run
in order to manage the affairs of the State.
Classification of governments
1) De jure Government which is placed in
power following legal / constitutional
processes.
2) De facto a government that actually
exercises power or control but without legal
title.
Classification of de facto governments
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Ratio:
Procedural due process requires the
employer to give the employee two notices
first is the notice apprising him of the
particular acts or omissions for which his
dismissal is sought, and, second is the
subsequent notice informing him of the
employers decision to dismiss him.
Actual adversarial proceeding becomes
necessary only for clarification or when there
is a need to propound searching questions to
unclear witnesses, a procedural right which
the employee must ask for.
Where the dismissal of the employee from
service is due to dishonesty or for a just
cause but due process was not observed as
no hearing was conducted despite her
request, the employer should be held liable
for indemnity in the form of nominal
damages.
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NOTE:
are needed to see this picture.
Carroll rule: warrantless search of a vehicle that can
be quickly moved out of the locality or jurisdiction is
valid
Page 9 of 125
CRITERION
1. Dangerous Tendency
Test
There should be a
RATIONAL
CONNECTION
between the speech
and the evil
apprehended. (Focus
on CONTENT)
There should be a clear
and present danger that
the words when used
under such
circumstances are of
such a nature as to
create a CLEAR AND
PRESENT DANGER
that they will bring
about the substantive
evils that the State has
a right to prevent.
(Focus on CONTENT &
CONTEXT)
The courts should
BALANCE the PUBLIC
INTEREST served by
legislation on one hand
and the FREEDOM OF
SPEECH (or any other
constitutional right) on
the other. The courts
will then decide where
the greater weight
should be placed.
(Focus on weighing
Government and
Private interest)
3. Balancing of Interests
Test
Freedom of Speech
The doctrine on freedom of speech was formulated
primarily for the protection of core speech, i.e.
speech, which communicates political, social or
religious ideas. These enjoy the same degree of
protection. Commercial speech, however, does not.
Commercial Speech
Communication which no more than proposes a
commercial transaction.
Page 11 of 125
Ratio:
The Court held that although people have the right to
peaceably assemble and stage mass actions (1987
Constitution, Art.3, Sec.4), such right is not absolute
(Primicias v. Fugoso and Reyes v. Bagatsing). B.P.
880 is a codification of the ruling in Reyes v.
Bagatsing, setting forth the requirements and
Page 13 of 125
the
performance of religious practices, whether
by Muslim employees or those belonging to
other denominations, should not prejudice
the court and the public.
The remedy of the Muslim employees, with
respect to their request to be excused from
work from 10:00 a.m. to 2:00 p.m. every
Friday during the entire calendar year, is
legislative.
2. Right to travel
MANNER OF
CURTAILMENT
Lawful order of the court and
within the limits prescribed by
law.
May be curtailed even by
administrative officers (ex.
passport officers) in the
interest of national security,
public safety, or public health,
as may be provided by law.
Only Filipino
TAKING
Just compensation
Title is transferred
Property taken for public
use
Page 17 of 125
DUE PROCESS
This means that the accused can only be convicted
by a tribunal which is required to comply with the
stringent requirements of the rules of criminal
procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from
providing that proof of certain facts leads to a prima
facie presumption of guilt, provided that the facts
proved have a reasonable connection to the ultimate
fact presumed.
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Scope of right
What is PROHIBITED is the use of physical or moral
compulsion to extort communication from the witness
or to otherwise elicit evidence which would not exist
were it not for the actions compelled from the
witness.
The right does NOT PROHIBIT the examination of
the body of the accused or the use of findings with
respect to his body as physical evidence. Hence, the
fingerprinting of an accused would not violate the
right against self-incrimination. However, obtaining a
sample of the handwriting of the accused would
violate this right if he is charged for falsification.
The accused cannot be compelled to produce a
private document in his possession which might tend
to incriminate him. However, a third person in
custody of the document may be compelled to
produce it.
When the right can be invoked:
1. In criminal cases
2. In all other government proceedings,
including civil actions and administrative or
legislative investigations.
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Ratio:
ND
nd
ARTICLE V SUFFRAGE
Qualifications:
CODE: CD18RR
1. Citizen of the Philippines
2. Not Disqualified by law
3. At least 18 years old
4. Resident of the Philippines for at least 1 year
5. Resident of the place wherein he/she
proposes to vote for at least 6 months
immediately preceding the election.
NOTE: NO literacy, property or other substantive
requirement can be imposed on the exercise of
suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year
residency requirement in the Philippines. The
principal elements of domicile physical presence in
the country and intention to adopt it as ones domicile
must concur.
2. TEMPORARY RESIDENCE This is in reference
to the 6 month residency requirement in the place
where one wants to vote. In this case, residence can
either mean domicile or temporary residence.
Disqualifications:
1. Any person sentenced by final judgment to
imprisonment of not less than 1 year, which
disability has not been removed by plenary
pardon, provided, however, That such a
person shall automatically reacquire the right
2. to vote upon expiration of 5 years after
service of sentence.
3. Any person adjudged by final judgment of
having violated his allegiance to the Republic
of the Philippines.
4. Insane or incompetent persons as declared
by competent authority.
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Senator
24 senators
Representative
Not more than 250
members
35 yrs. old
25 yrs. old
Natural- born citizen of the Philippines
Able to read and write
Registered voter
Registered voter in the
district in which he
shall be elected n/a
to party-list
Resident of the
Resident of the said
Philippines for at least
district for at least 1
2 years immediately
year immediately
preceding the election
preceding election
n/a to party-list
Term of 6 yrs.
Term of 3 yrs.
Unless otherwise provided by law, term of office
commence at noon of June 30 next following the
lection
Term limit of not more
Term limit of not more
than 2 consecutive
than 3 consecutive
years
years
NOTE: The qualifications of both Senators and
Members of the House are limited to those provided
by the Constitution. Congress cannot, by law, add or
subtract from these qualifications.
Voluntary renunciation
For any length of time shall not be considered as an
interruption in the continuity of his service for the full
term for which he was elected.
District Representatives:
1. Elected from legislative districts which are
apportioned in accordance with the number of
inhabitants of each area and on the basis of a
uniform and progressive ratio.
2. Each district shall comprise, as far as
practicable, contiguous, compact and adjacent
territory;
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Tenure
The period during
which such officer
actually
holds
his
position
MAY, by
limited
law,
be
Party-List Representatives
Constitute 20% of the total number of representatives
or a maximum of 50 party-list members.
However, for 3 consecutive terms from February 2,
1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25
seats shall be allotted to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral representatives
are to be appointed by the President until legislation
otherwise provides.
Mechanics of the party-list system
1. Registered organizations submit a list of
candidates in order of priority.
2. During the elections, these organizations are
voted for at large.
3. Those parties getting at least 2% of the total
votes cast for the party-list system shall be
entitled to one seat each. Those obtaining
more than 2% shall be given additional seats in
proportion to their total number of votes, but
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each.
Qualifications of Party-List Representative
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the
election (Youth sector nominee must be at
least 25 years but not more than 30 years old
on day of election)
3. Able to read and write
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Sections
13-14:
DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
1) Cannot hold any other
office or employment in
the Government or any
subdivision, agency or
instrumentality
thereof,
including GOCCS or their
subsidiaries.
2) Legislators cannot be
appointed to any office.
3) Legislators cannot
personally appear as
counsel before any court
of
justice,
electoral
tribunal, quasi-judicial and
administrative bodies.
4) Legislators cannot be
financially
interested
directly or indirectly in any
contract with or in any
franchise,
or
special
privilege granted by the
Government,
or
any
subdivision, agency or
instrumentality
thereof,
including any GOCC or its
subsidiary.
5) Legislators cannot
intervene in any matter
before any office of the
government.
CONGRESSIONAL
WHEN
APPLICABLE
During his term. If
he does so, he
forfeits his seat.
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Regular Sessions:
Congress convenes once every year on the 4th
Monday of July (unless otherwise provided for by
law).
Continues in session for as long as it sees fit, until 30
days before the opening of the next regular session,
excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
Called by the President at any time when Congress is
not in session.
it
may
deem
Election of Officers
By a majority vote of all respective members.
Quorum to do business:
1. Majority of each House shall constitute a
quorum.
2. A smaller number may adjourn from day to
day and may compel the attendance of
absent members.
3. In computing a quorum, members who are
outside the country and thus outside of each
Houses coercive jurisdiction are not
included.
Internal Rules:
As part of their inherent power, they can determine
their own rules. Hence, the courts cannot intervene in
the implementation of these rules insofar as they
affect the members of Congress.
Discipline:
1. Suspension needs concurrence of 2/3 of
ALL its members and shall not exceed 60
days. Or,
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members.
Limitations
1. Congress CANNOT by law prescribe that the
appointment of a person to an office created
by such law shall be subject to confirmation
by the CA.
2. Appointments extended by the President to
the
above-mentioned
positions
while
Congress is not in session shall only be
effective until disapproval by the CA or until
the next adjournment of Congress.
Meetings of the CA
Commission on Appointments meets only
while Congress is in session.
Meetings are held either at the call of the
Chairman or a majority of all its members.
Since the Commission on Appointments is
also an independent constitutional body, its
rules of procedure are also outside the scope
of congressional powers as well as that of
the judiciary.
NOTE: The Electoral Tribunal and the Commission
on Appointments shall be constituted within 30 days
after the Senate and the House of Representative
shall have been organized with the election of the
President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
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As to persons
who may
appear
As to who
conducts the
investigation
As to the
subject matter
Question
Hour
(Sec. 22,
Article VI)
Only a
department
head
Entire body
Legislative
Investigation
(Sec. 21, Article
VI)
Any person
Matters related
to the
department
only
Committees
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Limitations:
1. Powers will be exercised for a limited period
only; and
2. Powers will be subject to restrictions
prescribed by Congress
Sections 24-27, 30-31 LEGISLATION
Sections
23-24.
DECLARATION
WAR/EMERGENCY POWERS
OF
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state of war)
1. 2/3 of both Houses,
2. in joint session
3. Voting separately
Emergency powers:
During times of war or other national emergency,
Congress may, BY LAW, authorize the President to
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Readings
Each bill must pass three (3) readings in both Houses
which shall be held on separate days & printed
copies thereof in its final form shall be distributed to
its Members three (3) days before its passage.
Exception: If a bill is certified as urgent by the
President as to the necessity of its immediate
enactment to meet a public calamity or emergency,
the 3 readings can be held on the same day.
First reading only the title is read; the bill is passed
to the proper committee
Second reading Entire text is read and debates are
held, and amendments introduced.
Third reading only the title is read, no amendments
are allowed.
Vote shall be taken immediately
thereafter and the yeas and nays entered in the
journal.
Veto power of President:
1. Must be presented to and signed by the
President.
2. May veto the same and return it with his
objections to the House from which it
originated.
The House shall enter the
objections in the Journal and proceed to
reconsider it.
3. The President must communicate his
decision to veto within 30 days from the date
of receipt thereof. If he fails to do so, the bill
shall become a law as if he signed it.
4. This rule eliminates the pocket veto
whereby the President would simply refuse to
act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL
the members of each House must agree to
pass the bill.
In such case, the veto is
overridden and becomes a law without need
of presidential approval.
General Rule: If the president disapproves a bill
enacted by Congress, he should veto the entire bill.
He is not allowed to veto separate items of a bill.
Exception: Item veto in the case of appropriation,
revenue, and tariff bills
2. Appropriations bill
Sec. 2 Qualifications
Sec. 32. INITIATIVE AND REFERENDUM
President
Vice President
At least 40 years old on the day of election
Natural- born citizen of the Philippines
Able to read and write
Registered voter
Resident of the Philippines for at least 10 years
immediately preceding the election
Term of 6 yrs.
Unless otherwise provided by law, term of office
commence at noon of June 30 next following the
lection
Single term only; not
Term limitation: 2
eligible for any
successive terms.
reelection
Any person who has
succeeded as
President, and served
as such for more than
4 years shall NOT be
qualified for election to
the same office at any
time.
Sec. 4.
OFFICE
Manner of Election
1. The President and Vice-President shall be
elected by direct vote of the people.
2. Election returns for President and VicePresident, as duly certified by the proper
Board of Canvassers shall be forwarded to
Congress, directed to the Senate President.
3. Not later than 30 days after the day of the
election, the certificates shall be opened in
Page 35 of 125
4.
5.
6.
7.
disabled.
Page 36 of 125
SUBJECT
President,
VicePresident, Cabinet
Members,
Deputies
or
Assistants
of
Cabinet Members
SOURCE OF
DISQUALIFICATION
Prohibited from:
1) Holding any office or
employment
during
their tenure, UNLESS:
otherwise
provided in the
Constitution (e.g.
VP
can
be
appointed
a
Cabinet Member,
Sec. of Justice sits
on Judicial and
Bar Council); or
the positions are
ex-officio and they
do not receive any
salary or other
emoluments
therefor (e.g. Sec.
of Finance is head
of
Monetary
Board).
2) Practicing, directly or
indirectly, any other
profession during their
tenure;
3) Participating
business;
in
any
4) Being
financially
interested
in
any
contract with, or in any
franchise, or special
privilege granted by
the government or any
subdivision, agency or
instrumentality thereof,
including GOCC's or
their subsidiaries.
N.B.
The rule on
disqualifications for the
President and his Cabinet
are stricter than the normal
rules
applicable
to
appointive and elective
officers under Art. IX-B,
Sec. 7.
Cannot
be
appointed
during Presidents tenure
as:
1) Members
of
the
Constitutional
Commissions;
2) Office
of
the
Ombudsman;
3) Department
Secretaries;
4) Department
undersecretaries;
5) Chairman or heads of
Page 37 of 125
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Scope:
Being the Commander-in-Chief of the Armed Forces,
whenever necessary, the President may call out the
AFP
1. to PREVENT or SUPPRESS:
a. Lawless violence;
b. Invasion; or
c. Rebellion.
2. May also:
a. Suspend the privilege of the writ of
habeas corpus; and
b. Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas
corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL
and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective
for only 60 days.
b. Within 48 hours from the declaration or
suspension, the President must submit a
report to Congress.
c. Congress, by majority vote and voting
jointly, may revoke the same, and the
President cannot set aside
the
revocation.
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David v. Macapagal-Arroyo*
171396, May 3, 2006
G.R.
No.
Facts:
President
Arroyo
issued
Presidential
Proclamation No. 1017 declaring a state of national
emergency, stating that the proximate cause behind
the executive issuances was the conspiracy among
members of the political opposition in a plot to unseat
or assassinate President Arroyo.
By virtue of PP1017, political rallies were
cancelled, rallyists were violently dispersed, and
warrantless arrests and take-over of facilities,
including media, were implemented.
On March 3, 2006, PGMA issued PP1021
declaring that the state of national emergency has
ceased to exist.
Issues:
A. PROCEDURAL
1. W/N the issuance of PP 1021 renders the
petitions moot and academic
2. W/N the petitioners in 171485 (Escudero,
et.al), 171400 (Alternative Law Groups, Inc.),
171483 (Kilusang Mayo Uno, et al.), 171489
(Cadiz, et.al.), and 171424 (Legarda) have
legal standing.
B. SUBSTANTIVE
1. W/N the SC can review the factual bases of
PP 1017
2. W/N PP 1017 and G.O. 5 are
unconstitutional
a. Facial Challenge
b. Constitutional Basis
c. As Applied Challenge
Held:
A. Procedural
1. PGMAs issuance of PP 1021 did not render
the present petitions moot and academic.
Courts will decide cases, otherwise moot and
academic, if: first, there is a grave violation of
the Constitution; second, the exceptional
character of the situation and the paramount
public interest is involved; third, when
constitutional
issue
raised
requires
formulation of controlling principles to guide
the bench, the bar, and the public; and
fourth, the case is capable of repetition yet
evading review.
2. All petitioners have locus standi. Even if the
plaintiff who asserts a public right, fails to
prove that he has a personal and substantial
interest in the case such that he has
sustained, or will sustain direct injury as a
result, the requirement of locus standi may
Page 40 of 125
1.
The
Court
rules
that
PP
1017
is
CONSTITUTIONAL insofar as it constitutes a call by
President Gloria Macapagal-Arroyo on the AFP to
prevent or suppress lawless violence, which pertains
to a spectrum of conduct, and not free speech, which
is manifestly subject to state regulation.
PARDON
Addressed to
ORDINARY offenses
Granted to
INDIVIDUALS
Must be accepted
No need for
Congressional
concurrence
Private act of President.
It must be proved.
Only penalties are
extinguished.
May or may not restore
political rights. Absolute
pardon restores.
Conditional does not.
Civil indemnity is not
extinguished.
May be granted before
Only granted after
or after conviction
conviction by final
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3.
4.
Limitations:
1. The President may contract or guarantee foreign
loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board;
and
5.
Page 42 of 125
At least 40
years old
judges of
lower noncollegiate
courts
Citizen
of
the
Philippines
(may be a
naturalized
citizen)
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APPELLATE jurisdiction
over final judgments and
orders in the following:
1) All cases involving the
constitutionality or validity of
any: treaty, international or
executive agreement, law,
decree,
presidential
order,
proclamation,
instruction, ordinance, or,
regulation;
2) All cases involving the
legality of any: tax, impost,
toll, assessment or any
penalty imposed in relation
thereto;
3) All cases in which the
jurisdiction of any lower
court is in issue
4) Criminal cases where the
penalty
imposed
is
reclusion
perpetua
or
higher; and
5) All cases where ONLY
errors or questions of law
are involved.
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4. Order a change of are
venue
orseeplace
of trial to avoid a
miscarriage of justice.
Page 45 of 125
including
Appeals:
1. Decisions,
orders
or
rulings
of
the
COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2. Decisions, orders or ruling of the CSC should be
appealed to the CA under Rule 43.
Sec. 3. SALARIES
1. Salaries are fixed by law and shall not be
decreased during their TENURE.
2. Decreases in salaries only affect those
members appointed AFTER increase.
3. Incumbent members do not lose any salary.
4. Increases take effect IMMEDIATELY.
Sec. 6. RULES OF PROCEDURE
Procedures:
1. Rules: The Commissions may promulgate
their own rules EN BANC.
2. Limitation: The rules shall not:
a. Diminish,
b. Increase, or
c. Modify substantive rights.
3. Power of SC
a. The SC may not, under Art. VIII Sec.
5(5), exercise the power to disapprove
rules of "special courts and quasi-judicial
bodies."
b. In proceedings before the Commissions,
the rules of the Commission prevail.
c. In proceedings before a court, the Rules
of Court prevail.
d. The SC may, however, in appropriate
cases, exercise JUDICIAL REVIEW
Sec. 7. DECISION MAKING/APPEAL
Decision-Making:
1. Each commission shall decide matter or cases by
a majority vote of all the members within 60 days
from submission.
a. COMELEC may sit en banc or in 2 divisions.
b. Election cases, including pre-proclamation
controversies are decided in division, with
motions for reconsideration filed to the
COMELEC en banc.
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decided by a division of the COMELEC is a
valid decision.
2. As COLLEGIAL BODIES, each commission must
act as one, and no one member can decide a
case for the entire commission.
(i.e.
The
Chairman cannot ratify a decision which would
otherwise have been void).
Enforcement:
It has been held that the CSC can issue a writ of
execution to enforce judgments, which are final.
THE CIVIL SERVICE COMMISSION
Sec.1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
1. Chairman
2. Commissioners 2 commissioners
Qualifications:
1. Natural-born citizens of the Philippines;
2. At least 35 years old at the time of their
appointments;
3. With
proven
capacity
for
public
administration; and
4. NOT candidates for any elective position in
the elections immediately preceding their
appointment.
5. Appointees by the President to the CSC
need Commission on Appointments (CA)
confirmation
Term:
st
1. 7 years (except for the 1 appointees where
the Chairman has 7 years, 1 Commissioner
has 5 years while another has 3 years)
2. Limitation:
single
term
only,
no
reappointment
3. Appointment to vacancy: only for unexpired
term of predecessor
4. No temporary appointments, or appointments
in acting capacity.
Sec. 2. Scope:
The Civil Service embraces all:
1. branches,
2. subdivisions,
3. instrumentalities,
4. agencies of the government,
5. including GOCCs with original charters.
a. "With Original Charter" means that the
GOCC was created by special law/by
Congress
b. If incorporated under the Corporation
Code, it does not fall within the Civil
Page 47 of 125
B. Non-competitive positions
1. No need for competitive examinations.
2. 3 kinds
a. Policy-determining - formulate a method
of action for the government
b. Primarily confidential - more than
ordinary confidence; close intimacy
insures freedom of intercourse without
betrayals of personal trust.
c. Highly technical - requires technical skill
to a superior degree.
C. The TEST to determine whether non-competitive
is the nature of the responsibilities, NOT the
administrative or legislative description given to it.
D. Both types of positions are entitled to security
of tenure. They only differ in the MANNER in
which they are filled.
E. Who may be appointed:
1. RULE: Whoever fulfills all the qualifications
prescribed by law for a particular position
may be appointed therein.
2. The CSC cannot disapprove an appointment
just because another person is better
qualified, as long as the appointee is himself
qualified.
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3. The CSC CANNOT
add
qualifications other
are needed to see
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than those provided by law.
F. Next-In-Rank Rule
While a person next in rank is entitled to preferential
consideration, it does not follow that only he, and no
one else, can be appointed. Such person has no
vested right to the position and the appointing
Page 48 of 125
b. EXCEPTION:
May hold ex officio
positions.
c. Examples:
d. The Vice President may be appointed as
a Cabinet member
e. A Congressman may sit in the Judicial
and Bar Council
f. To be eligible to hold any other office, the
elected official must first resign from his
office
g. Even Congress cannot, by law, authorize
the appointment of an elective official.
3. Appointive officials
a. Cannot hold any other office or
employment in the government, any
subdivision, agency, instrumentality,
including GOCC's and their subsidiaries.
b. EXCEPTION: Unless otherwise allowed
by law, or by the primary functions of his
position.
This exception DOES NOT APPLY to
Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are
governed by the stricter prohibitions
contained therein.
Sec. 8. COMPENSATION
1. Prohibitions: apply to elected or appointed
officers and employees cannot receive:
a. Additional compensation: an extra
reward given for the same office i.e.
bonus
b. Double compensation: when an officer is
given 2 sets of compensation for 2
different offices held concurrently by 1
officer
c. Indirect Compensation
2. EXCEPTION: Unless specifically authorized
by law
a. "SPECIFICALLY AUTHORIZED" means
a specific authority particularly directed to
the officer or employee concerned.
b. BUT: per diems and allowances given as
REIMBURSEMENT
for
expenses
actually incurred are not prohibited
3. Cannot accept any present, emolument,
office, title of any kind from foreign
governments UNLESS with the consent of
Congress.
4. Pensions and gratuities are NOT considered
as
additional,
double,
or
indirect
compensation.
Page 49 of 125
i.
ii.
iii.
Regional,
Provincial, and
City officials
Sec.1.COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1. 1Chairman and
2. 6 Commissioners
Qualifications:
1. Natural-born citizens of the Philippines;
2. At least 35 years old at the time of
appointment
3. Holders of college degrees; and
4. Not candidates for any elective position in the
immediately preceding elections.
5. Majority of the Commission, including the
Chairman must be:
a. Members of the Philippines Bar
b. Engaged in the practice of law for at least
10 years: any activity in or out of court,
which requires the application of law,
legal procedure, knowledge, training and
experience.
6. Appointments subject to CA approval
Term:
st
1. 7 years (1 appointed: Chairman -7 yrs; 3
Members - 7 yrs; 2 Members - 5 yrs; 1
Member - 3 yrs)
2. LIMITATION:
Single term only: no
reappointment allowed
3. Appointment to a vacancy: only for unexpired
portion of predecessors term
4. No temporary appointments, or appointments
in acting capacity
a. Thus, the President cannot designate an
incumbent commissioner as acting
Chairman.
b. The choice of temporary chairman falls
under the COMELECs discretion.
Sec. 2. POWERS AND FUNCTIONS
Powers:
1. Enforce and administer all laws and
regulations relative
to the
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election, plebiscite,
initiative,
referendum,
are needed to see
this picture.
and recall.
Ex: COMELEC can enjoin construction of public
works within 45 days of an election.
2. Exercise:
a. Exclusive original jurisdiction over all
contests relating to the elections, returns,
and qualifications of all elective
Page 50 of 125
8.
Rules of Procedure
1. COMELEC can sit en banc or in two divisions
2. It has the power to promulgate its own rules
of procedure in order to expedite disposition
of election cases, including pre-election
controversies.
Decision-Making
1. Election cases should be heard and decided
in division.
2. However, motions for reconsideration of
decisions should be decided by COMELEC
en banc.
a. Decisions
mean
resolutions
on
substantive issues.
b. If a division dismisses a case for failure
of counsel to appear, the Motion for
Reconsideration here may be heard by
the division.
c. EXCEPTION: COMELEC en banc may
directly assume jurisdiction over a
petition to correct manifest errors in the
tallying of results by Board of
Canvassers.
NOTE: In Balajonda v. COMELEC (GR No. 166032),
the
COMELEC
CAN
ORDER
IMMEDIATE
EXECUTION OF ITS OWN JUDGMENTS.
Sec. 4.
SUPERVISION/REGULATION OF
FRANCHISES / PERMITS / GRANTS / SPECIAL
PRIVILEGES / CONCESSIONS
7.
Regulation of franchises
1. What can COMELEC supervise or regulate
a. The enjoyment or utilization of all
franchises or permits for the operation of
transportation and other public utilities,
media of communication or information.
b. Grants, special privileges or concessions
granted by the Government or any
Page 51 of 125
Prohibition on block-voting
1. General rule: Block voting NOT allowed
2. EXCEPTION: those registered under the
party-list system
Sec. 8. PARTY LIST SYSTEM
Poll Watchers
Political parties, etc. are entitled to appoint poll
watchers in accordance with law.
Importance of registration
party
are needed toof
seea
thispolitical
picture.
1. Registration confers juridical personality on
the party.
2. It informs the public of the party's existence
and ideals.
3. It identifies the party and its officers for
purposes of regulation by the COMELEC.
Page 52 of 125
c.
GOCCs
and
their
subsidiaries
incorporated under the Corporation
Code.
d. Non-governmental entities receiving
subsidies or equity, directly or indirectly,
from or through the government, which
are required by law of the granting of
institution to submit to such audit.
3. If COA finds internal control system of
audited agencies as inadequate, COA may
adopt measures, including temporary or
special pre-audit, as may be necessary.
4. Keep the general accounts of the
government, preserving vouchers and other
supporting papers pertaining thereto.
5. Exclusive authority to define the scope of
COAs audit and examination and to
establish the techniques and methods
required therefor.
6. Promulgate accounting and auditing rules
and regulations.
a. Including those for the prevention or
disallowance of irregular, unnecessary,
excessive,
extravagant,
or
unconscionable expenditures or uses of
government funds and properties.
b. Failure to comply with these rules can be
a ground for disapproving the payment of
a proposed expenditure.
NOTE:
1. The functions of COA can be classified as:
a. Examine and audit all forms of
government revenues;
b. Examine and audit all forms of govt
expenditures
c. Settle govt accounts
d. Promulgate accounting and auditing
rules (including those for the prevention
of irregularexpenditures).
e. To decide administrative cases involving
expenditures of public funds.
2. COA
can
settle
only
LIQUIDATED
ACCOUNTS or those accounts, which may
be adjusted simply by arithmetic process.
3. COA has authority not just over accountable
officers but also over other officers who
perform functions related to accounting such
as
verification
of
evaluations
and
computation of fees collectible, and the
adoption of internal rules of control.
4. COA does not have the power to fix the
amount of an unfixed or undetermined debt.
Page 53 of 125
Supervision of President
1. The
President
exercises
GENERAL
supervision over all LGUs
2. The President exercises DIRECT supervision
over
a. Provinces
b. Autonomous regions and
c. Independent cities.
3. This power is limited to ensuring that lower
officers
exercise
their
functions
in
accordance with law.
4. The President cannot substitute his judgment
for that of an LGU official unless the latter is
acting contrary to law.
5. The President may, however, impose
administrative sanctions against LGU
officials, such as suspension for 120 days,
and may even remove them from their posts,
in accordance with law.
6. Provinces exercise DIRECT supervision over
component cities and municipalities.
7. Cities and municipalities exercise DIRECT
supervision over component barangays.
Sec. 5. EACH LOCAL GOVERNMENT SHALL
HAVE THE POWER TO CREATE OWN SOURCES
Page 54 of 125
1. Requisites
a. Compliance with the requirements of the
Local Government Code; and
Page 55 of 125
LGC, Section 33
Consolidation and coordination may be done through
appropriate ordinance wherein a PUBLIC HEARING
should be conducted and the approval of the
sanggunian obtained.
An LGU can:
1. Contribute funds, real estate, equipment and
other kinds of property
2. Appoint/assign personnel under such terms
and conditions as may be agreed upon by
the
participating
LGUs
through
MEMORANDA OF AGREEMENT.
Sec. 14. REGIONAL DEVELOPMENT COUNCILS
Who can provide for RDC
The President shall provide for RDC or other similar
bodies composed of:
Composition
1. Local government officials
2. Regional heads of departments and other
government offices
3. Representatives of NGOS within the regions
For Purpose of:
1. Administrative decentralization
2. To strengthen local autonomy
3. To accelerate the economic and social
growth and development of the units in the
region
Sec. 15. AUTONOMOUS REGIONS
Where:
Muslim Mindanao and the Cordillera region
Factors:
1. Historical heritage
2. Cultural heritage
3. Economic and social structures,
4. Other relevant characteristics within:
5. The framework of the constitution
6. National sovereignty
7. Territorial integrity.
Creation:
Provided BY LAW.
EFFECTIVITY of such creation occurs only when it is
approved by a majority of the votes cast in a
plebiscite held among the constituent units.
Only those Provinces, Cities, and Geographical
Areas voting favorably in such plebiscite shall form
part of the autonomous region.
Page 56 of 125
of
the
national
ACCOUNTABILITY
OF
PUBLIC
OVER
The President
To ensure that the laws are faithfully
Page 57 of 125
2.
3.
4.
5.
6.
7.
8.
Sec. 4. SANDIGANBAYAN
Sandiganbayan = the anti-graft court
People v. Sandiganbayan,
February 16, 2005
451
SCRA
413,
Ratio:
The fact that legislature. in mandating the inclusion of
presidents, directors or trustees, or managers of
government-owned and controlled corporations
within the jurisdiction of the Sandiganbayan, has
consistently refrained form making any distinction
with respect to the manner of their creation clearly
reveals its intention to include such officials of
GOCCs with original charters and those organized
and incorporated under the Corporation Code within
the jurisdiction of the Sandiganbayan whenever they
are involved in graft and corruption.
Sections 5-6,
OMBUDSMAN
8-14:
OFFICE
OF
THE
Composition:
1. Ombudsman/Tanodbayan
2. Overall deputy - at least one Deputy each for
Luzon, Visayas and Mindanao. Deputy for
military establishment may be appointed
Page 59 of 125
ON
CERTAIN
Coverage:
This prohibition applies to:
1. President
2. Vice-President
3. Members of the Cabinet
4. Members of Congress
5. Members of Supreme Court
6. Members of Constitutional Commissions
Ombudsman
7. Any firm or entity in which they have
controlling interest
When prohibition applies: during their TENURE.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal
autonomy.
Its approved annual appropriations
should be automatically and regularly released.
Section 7:
PROCECUTOR
OFFICE
OF
THE
SPECIAL
Scope of prohibition:
1. The above mentioned officials cannot obtain,
directly or indirectly for BUSINESS
PURPOSES:
a. Loans
b. Guarantees
c. Other forms of financial accommodation
from:
i. Government owned or controlled
banks; or
ii. Government owned or controlled
financial institutions.
2. If the loan, etc, is NOT for business purpose,
e.g. a housing loan, the prohibition does not
apply.
Section 17: Statements of assets, liabilities and net
worth
When submitted:
Public officer and employee shall submit a
declaration under oath of his assets, liabilities and net
worth upon assumption of office and as often as
required under the law.
When declaration shall be disclosed to the
public:
Page 60 of 125
NATIONAL
ECONOMY
AND
Three-fold goal:
2. More equitable distribution of opportunities,
income and wealth;
3. Sustained increase in the amount of goods
and services produced by the nation for the
benefit of the people; and
4. Expanding productivity, as the key to raising
the quality of life for all.
The State shall promote industrialization and full
employment
1. It should be based on sound agricultural
development and agrarian reform
2. It should be through industries that make full
and efficient use of human and natural
resources.
Industries should also be
competitive in both domestic and foreign
markets.
Protection of Filipino enterprises
The State shall protect Filipino enterprises
against unfair foreign competition and trade
practices.
Role of Private Enterprises
Private
enterprises,
including
corporations,
cooperatives, and similar collective organizations,
shall be encouraged to broaden the base of their
ownership.
Section 2. REGALIAN DOCTRINE
Distinction between Imperium and Dominium
Imperium: Government authority possessed by the
State which is appropriately embraced in sovereignty.
Dominium:
a. The capacity of the State to own and acquire
property.
b. It refers to lands held by the government in a
proprietary character: can provide for the
exploitation and use of lands and other
natural resources.
Scope:
Page 61 of 125
resources
2.
3.
4.
5.
Agricultural
Forest/timber
Mineral lands &
National Parks
NOTE:
1. Reclassification of PUBLIC (MINERAL AND
AGRICULTURAL)
lands
exclusive
prerogative of the Executive Department
through the Office of the President, upon
recommendation by the DENR.
But as to FOREST AND NATIONAL
PARKS, it is the Congress which has the
sole power to reclassify.
2. Classification is descriptive of the legal
nature of the land and NOT what it looks like.
Thus, the fact that forest land is denuded
does not mean it is no longer forest land.
Alienable lands of public domain
1. Only agricultural lands are alienable.
2. Agricultural lands may be further classified by
law according to the uses to which they may
be devoted.
Limitations regarding Alienable Lands of the
Public Domain
1. For private corporations or associations
a. They can only hold alienable lands of the
public domain BY LEASE
Page 62 of 125
lands
Page 63 of 125
from
ECONOMY
AND
Power of Congress
1. Congress, upon the recommendation of
NEDA, can reserve to Filipino citizens or to
corporations or associations at least 60% of
whose capital is owned by such citizens, or
such higher percentage as Congress may
prescribe, certain areas of investment. This
may be done when the national interest
dictates.
2. Congress shall also enact measures to
encourage the formation and operation of
enterprises whose capital is wholly owned by
Filipinos.
National Economy and Patrimony
In the grant of rights, privileges
and concessions
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picture. patrimony, the
State shall give preference to QUALIFIED Filipinos.
Sec. 11. FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
1. Congress may directly grant a legislative
franchise; or
Page 64 of 125
Practice of ALL
professions
Mass media
Advertising
Educational Institution
Other economic
activities
Page 65 of 125
2. 4 members
Qualifications:
1. Natural-born citizens of the Philippines;
2. Majority of the Commission must be
members of the Philippine Bar;
3. Term of office, other qualifications and
disabilities shall be provided by law;
4. The appointment of the CHR members is
NOT subject to CA confirmation; and
5. The CHR is not of the same level as the
COMELEC, CSC, or COA.
Powers:
1. INVESTIGATE all forms of human rights
violations involving civil or political rights
a. Violations may be committed by public
officers or by civilians or rebels.
b. CHR cannot investigate violations of
social rights.
c. CHR has NO adjudicatory powers over
cases involving human rights violations.
d. They cannot investigate cases where no
rights are violated.
e. Example: There is no right to occupy
government land, i.e. squat thereon.
Therefore, eviction therefrom is NOT a
human rights violation.
2. ADOPT operational guidelines and rules of
procedure.
3. CITE FOR CONTEMPT for violations of its
rules, in accordance with the Rules of Court.
4. PROVIDE APPROPRIATE LEGAL
MEASURES for the protection of the human
rights of all persons, within the Philippines,
as well as Filipinos residing abroad, and
provide for preventive measures and legal
aid services to the underprivileged whose
human rights have been violated or need
protection.
a. CHR can INITIATE COURT
PROCEEDINGS on behalf of victims of
human rights violations.
b. They can RECOMMEND THE
PROSECUTION of human rights
violators, but it cannot itself prosecute
these cases.
c. BUT: The CHR CANNOT ISSUE
RESTRAINING ORDERS OR
INJUNCTIONS against alleged human
rights violators. These must be obtained
from the regular courts.
5. EXERCISE VISITORIAL POWERS over jails,
prisons and other detention facilities.
6. ESTABLISH CONTINUING PROGRAMS
FOR RESEARCH, education and information
Page 66 of 125
7.
8.
9.
10.
11.
12.
by
by
Legislative power
1. The power to pass,
repeal or amend
ordinary laws or statutes
(as opposed to organic
law)
2. It is an ordinary power
of Congress and of the
people, also through
initiative and
referendum.
the exercise of
legislative power
ordinarily needs the
approval of the Chief
Executive, except when
done by people through
initiative and
referendum.
Ratification
Amendments and revisions proposed by
Congress and/or by a ConCon:
Valid when ratified by a MAJORITY of votes
cast in a plebiscite.
Plebiscite is held not earlier than 60 days nor
later than 90 days from the approval of such
amendments or revisions.
Amendments proposed by the people via
initiative:
Valid when ratified by a MAJORITY of votes
cast in a plebiscite.
Plebiscite is held not earlier than 60 days nor later
than 90 days after the certification by COMELEC of
the petition's sufficiency.
Requisites of a valid ratification:
1. Held in a plebiscite conducted under the
election law;
2. Supervised by the COMELEC; and
3. Where only franchised voters (registered)
voters take part.
Issues regarding ratification:
The Constitution does not require that amendments
and revisions be submitted to the people in a special
election. Thus, they may be submitted for ratification
simultaneously with a general election.
The determination of the conditions under which
proposed amendments/revisions
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people falls within thearelegislative
sphere.
That
needed to see this
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Congress could have done better does not make the
steps taken unconstitutional.
All the proposed amendments/revisions made by the
constituent assemblies must be submitted for
ratification in one single plebiscite. There cannot be a
piece-meal ratification of amendments/revisions.
Page 71 of 125
i.
ii.
Distinction between a subject and object of
international law
1. Subject - An entity that has rights and
responsibilities under international law; it can
be a proper party in transactions involving
the application of international law among
members of the international community.
2. Object - A person or thing in respect of
which rights are held and obligations
assumed by the subject; it is not directly
governed by the rules of international law; its
rights are received, and its responsibilities
imposed,
indirectly
through
the
instrumentality of an international agency.
NOTE: Given the trend in International Law today,
with the birth of the ICC and Arbitration Courts, the
line between a Subject and Object of International is
increasingly being blurred.
Divisions of International Law
1. Laws Of Peace- governs the normal
relations of States
2. Laws Of War - rules during periods of
hostility
3. Laws Of Neutrality- rules governing States
not involved in the hostilities
SOURCES OF INTERNATIONAL LAW
Article 38 of the Statute of the International Court
of Justice (ICJ).
1. Primary
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a. Treaty TIFF
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conventions are needed to see this picture.
Generally, a treaty only binds the parties.
However, treaties may be considered a
direct source of Int'l law when concluded
by a sizable no. of States, and is
reflective of the will of the family of
nations (in which case, a treaty is
evidence of custom).
c.
2. Secondary
a. Judicial Decisions - a subsidiary means
for the determination of rules of law (e.g.,
determining what rules of customary IL
exist) that is acceptable so long as they
correctly interpret and apply int'l law.
NOTE: Even decisions of national courts, when
applying int'l law, are acceptable. Ex. Principles
on diplomatic immunity have been developed by
judgments of national courts.
b. Teachings Of The Most Highly
Qualified Publicists -- The word
'Publicist' means 'learned writer.' Learned
writings, like judicial decisions, can be
evidence of customary law, and can also
play a subsidiary role in developing new
rules of law.
Requisites for Highly Qualified Publicist
1. Fair and impartial representation of law.
2. By an acknowledged authority in the field.
Q: What is 'INSTANT' CUSTOM?
A: Customary law may emerge even within a
relatively short period of time, if within that period,
State Practice has been uniform and extensive. It
comes about as a spontaneous activity of a great
number of states supporting a specific line of action.
Page 72 of 125
While the
Constitution vests
the power to
NEGOTIATE
treaties with the
President, such
must be RATIFIED
by the 2/3 of the
Senate to become
valid and effective
(Art.7, Sec 21)
Do not need to be
ratified by the Senate
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Law
in
2 Views:
1. Doctine Of Incorporation - rules of
international law form part of the law of the
land and no further legislative action is
needed to make such rules applicable in the
domestic sphere.
a. Such is recognized in art. 2, sec. 2, as
the Philippines "adopts the generally
accepted principles of international law
as part of the law of the land."
b. Rules of international law are given
equal standing with, but are not superior
to, national legislative enactments.
Thus, the Constitution, as the highest
law of the land, may invalidate a treaty
in conflict with it. (Secretary of Justice v.
Hon. Lantion and Mark Jimenez, Jan.
18, 2000)
2. Doctrine Of Transformation - the generally
accepted rules of int'l law are not per se
binding upon the State but must first be
embodied in legislation enacted by the
lawmaking body and so transformed into
municipal law. Only when so transformed
will they become binding upon the State as
part of its municipal law.
In case of conflict between international law and
domestic law:
1. International rule: Before an international
tribunal, a state may not plead its own law
as an excuse for failure to comply with
international law. The state must modify its
laws to ensure fulfillment of its obligations
under the treaty, unless the constitutional
violation is manifest and concerns a rule of
internal law of fundamental importance.
2. Municipal rule: When the conflict comes
before a domestic court, domestic courts
are bound to apply the local law. Should a
conflict arise between an international
agreement and the Constitution, the treaty
would not be valid and operative as
domestic law. It does not, however, lose its
character as international law.
SUBJECTS OF INTERNATIONAL LAW
State
Elements of a state:
Art. 1, Montevideo Convention:
1. a permanent population;
2. a defined territory;
3. government;
Page 74 of 125
Succession Of Government
1. In succession of government, the integrity of
the original State is not affected as what
takes place is only a change in one of its
elements, the government.
2. Effects of a change in government:
a. If effected by peaceful means, the new
government inherits all rights and
obligations of the old government.
b. If effected by violence, the new
government inherits all the rights of the
old government. However, the new
government may reject the obligations
of the old government if they are of a
political complexion. If the obligations
are the consequence of the routinary act
of administration of the old government,
they should be respected.
Territory
1. Methods used in defining the territorial sea
2. Normal baseline method
Under this method, the territorial sea is
drawn from the low-water mark of the coast
to the breadth claimed, following its
sinuosities and curvatures but excluding the
internal waters in bays and gulfs.
3. Straight baseline method
Straight lines are made to connect
appropriate points on the coast without
departing radically from its general direction.
The waters inside the lines are considered
internal.
4. Some modes of acquisition:
a. Cession
It is a derivative mode of acquisition
by which territory belonging to one state
is transferred to the sovereignty of
another state in accordance with an
agreement between them.
b. Subjugation
It is a derivative mode of acquisition
by which the territory of one state is
conquered in the course of war and
thereafter annexed and placed under
sovereignty of the conquering state.
c. Prescription
It is a derivative mode of acquisition
by which territory belonging to one state
is transferred to the sovereignty of
another state by reason of the adverse
and uninterrupted possession thereof by
the latter for a sufficiently long period of
time.
Page 75 of 125
STATE RESPONSIBILITY
1. It is the doctrine which holds a state
responsible for any injury sustained by an
alien within its jurisdiction. Because of an
international wrong imputable to it, the state
will be responsible if it is shown that it
participated in the act or omission
complained of or was remiss in redressing
the resultant wrong.
2. Elements of State Responsibility
a, breach of an international obligation
b, attributability
3. Types of State responsibility
a, Direct responsibility-attaches to the
state if the wrongful act/omission was
effected through any of its superior
organs acting on its behalf
Page 76 of 125
HOSTILE/NON-AMICABLE METHODS
1. RETORSION - is a lawful act which is
designed to injure the wrongdoing State.
Page 77 of 125
Page 78 of 125
Use Of Force
1. Under Article 2(4) of the UN Charter, all
member States are bound to refrain from the
threat or use of force against the territorial
integrity or political independence of a State.
Recognized exceptions:
a) self-defense
b) military action taken or authorized by the
UN or competent Regional organizations
(such as NATO).- collective self- defense
International Contracts
Usually, agreements between States and foreign
corporations contain stipulations as to which national
legal system governs the contract. Occasionally,
however, in case of powerful multinational
companies, such contracts are placed not under any
single system of municipal law, but under
international law, general principles of law, or the
provisions of the contract itself.
Page 79 of 125
WAR
Armed contention between public forces of states or
other belligerent communities implying employment o
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purpose of imposing their respective demands upon
each other.
BASIC PRINCIPLES OF WAR:
1. Principle of Military Necessity- belligerents
may employ any amount and kind of force to
compel complete submission of enemy with
least possible loss of lives, time, and money.
Page 80 of 125
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Covenant?
1. Specific Obligations under Article 2
To take steps ti the maximum
available resources, towards the progressive
realization of the rights in the covenant;
Non-discrimination- states guarantee
the exercise of the rights without
discrimination (Art. 2 [2]).
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LEGISLATIVE
Legislative
It supplements
the statute by
filling
in
the
details
Legislative
regulations have
the force and
effect of law
immediately
upon going into
effect. Such is
accorded by the
courts or by
express
provision of
statute.
INTERPRE
TATIVE
Judicial
It
says
what
the
statute
means
Merely
persuasive/
Received
by the
courts with
much
respect but
not
accorded
with finality
of
RIPENESS
FOR
JUDICIAL
Page 86 of 125
Page 87 of 125
(Uncompressed)
decompressor31,
Lim v.Dumlao, 454TIFF
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196 (March
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2005)
Ratio:
Unjustified failure to comment on an
administrative complaint constitutes
gross misconduct and insubordination.
Page 88 of 125
of
AGE
REQUIREMENT
At least 23 years old
on election day
Page 92 of 125
b. by appointment
VACANCY
1. Sanggunian
Panlalawigan or
Panlungsod of
highly urbanized
cities and
independent
component cities
2. Sangguniang
Panlungsod of
Component Cities,
Sangguniang
Bayan
3. Sangguniang
Barangay
SUCCESSOR
Vice-Governor, ViceMayor
Highest ranking
Sanggunian member
Second highest
ranking Sanggunian
member
Highest ranking
sangguniang barangay
member/2nd highest
ranking sanggunian
member
APPOINTMENT BY
WHOM
President, through
Executive Secretary
Governor
City/Municipal
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Recommendation of
the Sanggunian
barangay concerned
Page 93 of 125
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1. President
2. Governor
3. Mayor
RESPONDENT
LOCAL OFFICIAL
Elective official of a
province, highly
urbanized
or Independent
component city
Elective official of a
component city or
municipality
Elective official of a
barangay
Page 94 of 125
2. Governor
3. Mayor
LEVEL
1. Provincial
2. City
3. Legislative
district
4. Municipal
RESPONDENT LOCAL
OFFICIAL
Elective official of a
province, highly
urbanized
or Independent
component city
Elective official of a
component city or
municipality
Elective official of a
barangay
COMPOSITION
Mayors, vice-mayors,
Sanggunian members of
the municipalities and
component cities
Punong barangay and
Sangguniang barangay
members in the city
Elective
municipal/barangay
officials
Punong barangay and
sangguniang barangay
members in the
municipality
2. Procedure
Session in a public place to initiate recall
proceeding
Resolution adopted by a majority of all
the members of the PRA during the
session called for the purpose of
initiating recall proceedings
II. By Petition of Registered Voters
Petition of at QuickTime
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LGU concerned during the election
in which the local official sought to
be recalled was elected.
The written petition for recall should
be duly signed before the election
registrar or his representative and in
the presence of the representative
of the petitioner and the official
sought to be recalled.
Effectivity of Proposition
If proposition is approved by a majority
of the votes cast, it will take effect 15
days after certification by the Comelec
as if the Sanggunian and the local chief
executive had taken affirmative action.
If it fails to obtain required number of
votes, it is considered defeated
Limitations
It should not be exercised more than
once a year.
It can only extend to subjects or matters
which are within the legal powers of the
Sanggunians to enact.
If the Sanggunian adopts in toto the
proposition presented and the local chief
executive approves the same, the
initiative shall be cancelled.
Limitations upon Sanggunians
The Sanggunian cannot repeal, modify
or amend any proposition or ordinance
approved
through
system
of
initiative/referendum within 6 months
from the date of approval thereof.
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The Sanggunian
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repeal the proposition/ordinance w/in 3
years thereafter by a vote of of all its
members.
For barangays, the applicable period is
18 months.
Referendum ( 126-127)
It is the legal process whereby the registered
voters of the local government units may
Page 96 of 125
Ratio:
Ratio:
The provisions of Republic Act 7160 are
anchored on principles that give effect to
decentralization.
The Vice-Governor, as the presiding
officer
of
the
Sangguniang
Panlalawigan, has administrative control
of the funds of the said body and it is he
who has the authority to approve
disbursement vouchers for expenditures
appropriated for the operation of the
Sangguniang Panlalawigan.
While Republic Act 7160 is silent as to
the matter, the authority granted to the
Vice-Governor to sign all warrants
drawn on the provincial treasury for all
expenditures appropriated for the
operation
of
the
Sangguniang
Panlalawigan as well as to approve
disbursement vouchers relating thereto
necessarily includes the authority to
approve purchase orders covering the
same applying the doctrine of necessary
implication.
While the Governor has authority to
appoint officials and employees whose
salaries are paid out of the provincial
funds, this does not extend to the
officials and employees of the
Sangguniang Panlalawigan because
such authority is lodged with the ViceGovernor. The appointing power of the
Vice-Governor is limited to the
employees
of
the
Sangguniang
Panlalawigan as well as those of the
Office of the Vice-Governor, whose
salaries are paid out of the funds
appropriated for the Sangguniang
Panlalawigan if the salary of an
employee or official is charged aagainst
the provincial funds,
even if this
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or is assigned to his office, the Governor
retains the authority to appoint the said
employee
Republic v Gingoyon*,
(December 19, 2005)
478
SCRA
474
Ratio:
The
Court
cannot
accept
the
Governments proposition that the only
properties that may be expropriated
under Republic Act No. 8974 are
parcels of land RA No. 8974
contemplates within its coverage such
real property constituting land, buildings,
roads, and constructions of all kinds
adhered to the soil.
Page 97 of 125
5.
6.
7.
8.
education,
ability to read and write,
political affiliation,
civil service examination
III. Disqualifications
The following are grounds for disqualification to hold
public office:
1. mental or physical incapacity,
2. misconduct or crime,
3. impeachment,
4. removal or suspension from office,
5. previous tenure of office,
6. consecutive terms,
7. holding more than one office,
8. relationship with the appointing power,
9. office newly created or the emoluments of
which have been increased,
10. being an elective official,
11. having been a candidate for any elective
position, and
12. grounds under the local government code.
In the absence of constitutional inhibition,
Congress has the same right to provide
disqualifications that it has to provide
qualifications for office.
When the constitution has attached a
disqualification to the holding of any office,
Congress cannot remove it under the power
to prescribe qualifications as to such offices
as it may create.
Presumption is in favor of eligibility.
The
qualifications
are
continuing
requirements and must be possessed not
only at the time of appointment or election or
assumption of office but during the officers
entire tenure.
Limitations on the power of the legislature to
prescribe qualifications:
1. The legislature may not reduce or increase
the qualifications prescribed in an exclusive
manner by the Constitution.
2. The legislature may prescribe only general
qualifications.
3. The qualifications must be relevant to the
office for which they are prescribed.
IV. Selection for Public Office
A public officer is chosen either by appointment or
election.
1. Appointment
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Commission is called Attestation.
2. Designation
Designation is simply the mere
imposition of new or additional duties upon an
officer to be performed by him in a special
manner. It presupposes that the officer is already
in the service by virtue of an earlier appointment,
performing other functions.
V. Vacancy
There is a vacancy when an office is empty and
without a legally qualified incumbent appointed or
elected to it with a lawful right to exercise its powers
and perform its duties. There can be no appointment
to a non-vacant position.
Causes of vacancy are death, permanent disability,
removal from office or resignation of the incumbent.
Other causes of vacancy are abandonment,
expiration of term, conviction of a crime,
impeachment conviction, acceptance of incompatible
office, creation of a new office, reaching the age limit,
and recall.
DE FACTO AND DE JURE OFFICERS
I. De Facto Officers
A de facto officer is one who actually possesses an
office although he has an imperfect or colorable title
thereto. His acts, though not those of a lawful officer,
the law, upon principles of policy and justice, will hold
valid so far as they involve the interests of the public
and third persons.
The requisites of de facto officer:
1. There must be a de jure office;
2. There must be color of right or general
acquiescence by the public; and
3. There must be actual physical possession of
the office in good faith.
II. De Jure Officers
A de jure officer is one who has the lawful right to the
office in all respects, but who has either been ousted
from it, or who has never actually taken possession
of it. When the officer de jure is also the officer de
facto, the lawful title and possession are united.
Usurper is one who takes possession of the office
and undertakes to act officially without any color of
right or authority, either actual or apparent.
III. Effects of Acts of De Facto Officers
The lawful acts of an officer de facto, so far
as the rights of third persons are concerned
are, if done within the scope and by the
apparent authority of the office, considered
valid and binding as if he were the officer
legally elected and qualified for the office and
in full possession thereof.
The de facto officer cannot benefit from his
own status because public policy demands
that unlawful assumption of public office be
Page 99 of 125
3. security of tenure
The Career Service includes:
1. Open career positions for which prior
qualification in an appropriate examination is
required;
2. Closed career positions which are scientific
or highly technical in nature;
3. Career
Executive
Service
Non-Career Service
The Non-Career Service is characterized by:
1. Entrance on bases other than those of usual
tests of merit and fitness utilized for the
career service; and
2. Tenure which is limited to a period specified
by law, or which is co-terminous with that of
the appointing authority or subject to his
pleasure, or which is limited to the duration of
a particular project for which purpose
employment was made.
The Non-Career Service includes:
Preventive Suspension
Two Kinds:
1. Preventive Suspension Pending Investigation
2. Preventive Suspension Pending Appeal
The duration of preventive suspension is coextensive
with the period prescribed for deciding administrative
disciplinary cases. If the case is decided before
ninety (90) days then the suspension will last less
than ninety (90) days, but if the case is not decided
within ninety (90) days, then the suspension may not
exceed the maximum period of ninety (90) days.
SCOPE OF POWER OF A PUBLIC OFFICER
1. expressly conferred upon him by the law
under which he has been appointed or
elected;
2. expressly annexed to the office by the law
which created it or some other law referring
to it; or
3. attached to the office as incidents to it.
Velasco v. Sandiganbayan,
(February 28, 2005)
452
SCRA
593
Ratio:
It is not necessary that the officer or
employee who willfully refuses or fails to
implement such final resolution be a party to
the case.
Barriga v. Sandiganbayan, 457 SCRA 301 (April
26, 2005)
Ratio:
Where the public office of an accused is by
statute a constituent element of the crime
charged, there is no need for the Prosecutor
to state in the Information specific factual
allegations of the intimacy between the office
and the crime charged, or that the accused
committed the crime in performance of his
duties.
Advincula v. Dicen , 458 SCRA 696 (May 16, 2005)
Ratio:
The Personal Data Sheet (PDS) is an
official document required of a government
employee or official by the Civil Service
Commission concealment of any
information in the PDS warrants a penalty
from the erring official.
Misconduct, by uniform
legal definition, is a
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definite rule of action, more particularly,
unlawful behavior as well as gross
negligence by the public officer.
It is incumbent on a public official to
scrutinize each and every document he
signs, it is hard to believe that he would affix
his signature on his PDS without bothering to
scrutinize, and correct if erroneous.
Page 103 of 125
of
Election
(Sec.
Omnibus
Elective officials
President/VP
Senator
District Reps
Party-List Reps*
Citizenship
Natural-born
Natural-born
Natural-born
Natural-born
Local Officials
Citizen
ARMM Governor
ARMM Legislator
Natural-born
Natural-born
QUALIFICATIONS
Age
Literacy
40
Read and Write
35
Read and Write
25
Read and Write
25
Read and Write
(if youth sector: 25-30)
*Gov, Vice-Gov,
Read
and
Write
member of
Filipino or local dialect
sangguniang
panlalawigan, mayor,
vice mayor,
sangguniang
panlungsod in highly
urbanized cities: 23
*In component
cities/municipalities: 21
*Sangguniang
panlungsod,
sangguniang bayan,
barangay: 18
*Sangguniang
kabataan: 15-21
35
Read and Write
21
Read and Write
Voter
Registered
Registered
Registered in District
Registered
Presidency
10 in the Philippines
2 in the Philippines
1 in District
1 in Philippines
Registered in locality
1 in locality
Registered in ARMM
Registered in District
5 in ARMM
5 in Districts
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Substitution
and
Withdrawal
of
d.
e.
f.
g.
h.
i.
Prohibited Contributions:
Those made directly or indirectly by any of the
following:
1. public or private financial institutions (except
loans to a candidate or political party)
2. public utilities or those exploiting natural
resources of the nation
3. persons with contracts to supply the
government with goods or services or to
perform construction or other works
4. grantees
of
franchises,
incentives,
exemptions, allocations or similar privileges
or concessions by the government
5. persons who, within one year prior to the
date of the election, have been granted loans
or other accommodations in excess of
P100,000 by the government
6. educational institutions which have received
grants of public funds not less than P100,000
7. officials or employees in the Civil Service or
members of the Armed Forces of the
Philippines; and
8. foreigners and foreign corporations.
Prohibited means of raising of funds (Sec. 97
Omnibus Election Code):
1. Holding any of the following activities:
a. dances
b. lotteries
c. cockfights
d. games
e. boxing bouts
f. bingo
g. beauty contests
h. entertainments
i. cinematographic, theatrical, or
performances
other
e. Confinement/detention in government
institutions in accordance with law
NOTE: Residence is equal to domicile. Hence, a
person may be physically absent from his residence
for a short, or even long period of time, due to work,
studies, etc., but as long as he has the INTENT TO
RETURN to his place of residence, and corollary to
this, NO INTENT TO SETTLE in the place where he
is physically present, he/she is still a resident in his
original domicile (see Imelda Marcos case).
REPUBLIC ACT NO. 9189 THE OVERSEAS
ABSENTEE VOTING ACT OF 2003
The Overseas Absentee Voting Act of 2003, also
known as Absentee Voting Law, is the law that
ensures equal opportunity to all qualified citizens of
the Philippines abroad to exercise their right to vote
(suffrage) in the election of President, Vice President,
Senators and Party-List Representatives.
Who are qualified to vote under the Absentee
Voting Law?
All citizens of the Philippines abroad, who are not
otherwise disqualified by law, at least eighteen (18)
years of age on the day of elections, may vote for
president, vice-president, senators and party-list
representatives. (Sec. 4 R.A. 9189)
Who are disqualified from voting under the
Absentee Voting Law?
1. Those who have lost their Filipino citizenship
in accordance with Philippine laws;
2. Those who have expressly renounced their
Philippine citizenship and who have pledged
allegiance to a foreign country;
3. Those who have committed and are
convicted in a final judgment by a court or
tribunal of an offense punishable by
imprisonment of not less than one (1) year,
including those who have committed and
been found guilty of Disloyalty as defined
under Article 137 of the Revised Penal Code,
such disability not having been removed by
plenary pardon or amnesty; Provided,
however, That any person disqualified to vote
under this subsection shall automatically
acquire the right to vote upon expiration of
five (5) years after service of sentence;
Provided, further, That the Commission may
take cognizance of final judgments issued by
foreign courts or tribunals only on the basis
of reciprocity and subject to the formalities
and processes prescribed by the Rules of
Court on execution of judgments;
Page 111 of 125
2. Exclusion/ Inclusion
3. Cancellation of Registration in case of
Death
4. New voters
5. Annulment of Book of Voters
6. Transfer of Residence
How is challenge to right to register effected?
Who - any voter, candidate, political party
representative
How - in writing, stating grounds, under oath,
proof of notice of hearing
DEACTIVATION is the removal from the registration
records of persons from the precinct book of voters
and place the same, properly marked and dated in
indelible ink, in the inactive file after entering the
cause of deactivation.
How is reactivation of registration effected?
1. Sworn application for reactivation
2. Affidavit
3. Not later than 120 days before regular
election and 90 days before special election
Annulment of Book of Voters is through verified
petition; notice and hearing; not prepared in
accordance with law or prepared through fraud,
bribery, forgery, impersonation, intimidation, force,
any similar irregularity or which contains data that are
statistically improbable; Cannot be done within 90
days before election
Pre-Proclamation Controversies
refers to any question pertaining to or affecting the
proceedings of the board of canvassers which may
be raised by any candidate or by any registered
political party or coalition of political parties before the
board or directly with the COMELEC.
It would also refer to any matter raised under
Sections 233, 234, 235, and 236 of the
Omnibus Election Code in relation to the
preparation, transmission, receipt, custody,
and appreciation of the election returns.
(Board of canvassers has original jurisdiction
while COMELEC has appellate jurisdiction)
When election returns are delayed, lost or
destroyed (Sec.233)
Material defects in the election returns (Sec.
234)
When election returns appear to be tampered
with or falsified. (Sec. 235)
Page 114 of 125
Procedure
1. Contested composition or proceedings of the
board (under RA 7166)
It may be initiated in the board or directly
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1. The
jurisdiction
of
COMELEC
is
administrative /quasi-judicial
2. It is governed by the requirements of
administrative due process
I. Covered acts
1. Give, offer or promise money or anything of
value
2. Making or offer to make any expenditure,
directly or indirectly, or cause expenditure to
be made to any person, association,
corporation, entity or community
3. Soliciting or receiving, directly or indirectly,
any expenditure or promise of any office or
employment, public or private
Page 116 of 125
(Prosecution of vote-
GROUNDS
VENUE
ELECTION PROTEST
QUO WARRANTO
President
and
VP:
Presidential
Electoral
Tribunal
Senators:
Senate
Electoral Tribunal
Representatives: House
of
Rep.
Electoral
Tribunal
Regional/Provincial/City:
Comelec QuickTime and a
PREPROCLAMATION
CONTROVERSY
Illegal composition and
proceedings of the
Board of Canvassers
Senate
Irregularities
in
preparation,
transmission, receipt,
custody,
and
appreciation of election
returns and certificates
of canvass
Re:
Board
of
Canvassers:
with
Board or with Comelec
ANNULMENT
OF
PROCLAMATION
ELECTION
OFFENSE
Proclamation based
on
irregular
and
illegal
canvass
whether
in
the
election
returns,
certificate of canvass,
proceedings
and
composition of board
of canvassers
Violation
Election Code
of
Commission
prohibited acts
of
Comelec
Comelec
Law
Dept.
for
preliminary
investigation, then
Courts
for
prosecution
Proclamation
annulled
Respondent
penalized with fine,
imprisonment,
disqualification to
hold public office or
deprivation of right
to vote
Electoral
Representatives: House
Rep. Electoral Tribunal
of
Regional/Provincial/City:
Comelec
Municipal: RTC
EFFECT IF
CASE
PROSPERS
Municipal: RTC
Incumbent-protestee
removed from office
If
protestant
gains
highest number, he/she
is proclaimed
Incumbent-respondent
dislodged
Petitioner does not assume the
petition.
Follow the rules on succession
Election return
aside
Recount
Suspension
Proclamation
set
of
PETITIONER
PERIOD
days
from
quo warranto
Any
candidate
or
political party
Upon convening of
Board
When election return
presented
Any candidate or
political party
Within 10 days from
proclamation
Any voter
Within 5 years from
commission
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ELECTION PROTEST
QUO WARRANTO
Filed by candidate
Within period
Protestee proclaimed
Payment of filing fee
Allegations of fraud
Certification
against
forum shopping
PROCEDURE Revision
Trial
Ballots
EVIDENCE
Election returns
Minutes
Documentary
and
Testimonial Evidence
courtesy of Atty. Agra
Filed by voter
Within period
Grounds
Position Contested
REQts
Trial
Documentary and Testimonial
Evidence
PREPROCLAMATION
CONTROVERSY
Filed by candidate or
political party
ANNULMENT
OF
PROCLAMATION
ELECTION
OFFENSE
Filed by candidate
or political party
within period
Complaint-affidavit
Trial
Summary
proceedings
Affidavits
Documentary
and
testimonial evidence
Documentary
and
testimonial evidence
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