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Political Law Reviewer
Political Law Reviewer
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
Political Law Summer Reviewer
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CONSTITUTIONAL LAW
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Mark of sovereignty (2nd and 3rd sentences) Principle that the family is not a creature of the
Positively, the military is the guardian of the people state.
and of the integrity of the national territory and
therefore ultimately of the majesty of the law. Protection for the unborn
Negatively, it is an expression against military It is not an assertion that the unborn is a legal
abuses. person.
It is not an assertion that the life of the unborn is
Sec. 4. The prime duty of the Government is to serve placed exactly on the level of the life of the mother.
and protect the people. The Government may call Hence, when it is necessary to save the life of the
upon the people to defend the State and, in the mother, the life of the unborn may be sacrificed.
fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal, Under this provision, the Roe v. Wade doctrine
military, or civil service. allowing abortion up to the 6th month of pregnancy
cannot be adopted in the Philippines because the life
Sec. 5. The maintenance of peace and order, the of the unborn is protected from the time of
protection of life, liberty and property, and the conception.
promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of Sec. 16. The State shall protect and advance the
democracy. right of the people to a balanced and healthful
Sec. 6. The separation of Church and State shall be ecology in accord with the rhythm and harmony of
inviolable. nature.
Sec. 12. The State recognizes the sanctity of family Sec. 1. No person shall be deprived of life, liberty or
life and shall protect and strengthen the family as a property without due process of law, nor shall any
basic autonomous social institution. It shall equally person be denied the equal protection of the laws.
protect the life of the mother and the life of the
unborn from conception x x x
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basis thereof, the judge finds no probable cause, he VALID WARRANTLESS SEARCH
may disregard the prosecutors report and require the (IM CWAPO)
submission of supporting affidavits of witnesses to
aid him in arriving at the conclusion as to the Search made as an Incident to lawful arrest
existence of probable cause. A. An officer making an arrest may take from the
person arrested:
Examination UNDER OATH OR AFFIRMATION OF i. Any money or property found upon his person
THE COMPLAINANT AND WITNESSES which was used in the commission of the
offense or
Alvarez v. CFI, 64 Phil. 33 ii. Was the fruit thereof or
The oath required must refer to the truth of iii. Which might furnish the prisoner with the
the facts within the personal knowledge of the means of committing violence or escaping or
complainant or his witnesses because the purpose is iv. Which may be used in evidence in the trial of
to convince the judge of the existence of probable the case
cause. B. The search must be made simultaneously with the
The true test of sufficiency of an affidavit to arrest and it may only be made in the area within the
warrant the issuance of a search warrant is whether it immediate control of the person arrested
has been drawn in such a manner that perjury could
be charged thereon and affiant could be held liable Search of Moving vehicles
for the damages caused. A. This exception is based on exigency. Thus, if there
is time to obtain a warrant in order to search the
PARTICULARITY OF DESCRIPTION (SEARCH vehicle, a warrant must first be obtained.
WARRANT) B. The search of a moving vehicle must be based on
probable cause.
Bache and Co. v. Ruiz, 37 SCRA 823
A search warrant may be said to particularly Seizure of goods concealed to avoid Customs
describe the things to be seized when the description duties/authorized under the Tariffs and Customs
therein is as specific as the circumstances will Code
ordinarily allow or A. The Tariffs and Customs Code authorizes persons
having police authority under the Code to effect
When the description expresses a conclusion search and seizures without a search warrant to
of fact not of law by which the warrant officer may enforce customs laws.
be guided in making the search and seizure or B. Exception: A search warrant is required for the
search of a dwelling house.
When the things described are limited to C. Searches under this exception include searches at
those which bear a direct relation to the offense for borders and ports of entry. Searches in these
which the warrant is being issued. areas do not require the existence of probable
cause
JOHN DOE WARRANT
A John Doe warrant can satisfy the requirement of Seizure of evidence in Plain view
particularity of description if it contains a descriptio
personae such as will enable the officer to identify the A. There was a prior valid intrusion;
accused (People v. Veloso, 48 Phil. 159) B. The evidence was inadvertently discovered;
C. The evidence is immediately apparent;
GENERAL WARRANT D. Plain view is justified seizure without further
A general warrant is one that does not allege any search. (People v. Valdez, 341 SCRA 25)
specific acts or omissions constituting
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charged in the application
are needed tofor the
see this issuance of the
picture. Waiver of right
warrant. It contravenes the explicit demand of the Bill
of Rights that the things to be seized be particularly A. Requisites of a valid waiver:
described. i. The right exists.
ii. The person had actual or constructive
knowledge of the existence of such right.
iii. There is an actual intention to relinquish such
right
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B. The right against unreasonable searches and an alien in order to carry out a FINAL deportation
seizures is a personal right. Thus, only the person order.
being searched can waive the same.
C. Waiver requires a positive act from the person. INSTANCES WHEN WARRANTLESS ARRESTS
Mere absence of opposition is not a waiver. ARE VALID:
D. The search made pursuant to the waiver must be a. When the person to be arrested has
made within the scope of the waiver. committed, is actually committing, or is about
to commit an offense in the presence of the
Armed Conflict (wartime) arresting officer.
Others b. When an offense has in fact just been
committed and the arresting officer has
A. Conduct of "Areal Target Zone" and "Saturation probable cause to believe based on personal
Drives" in the exercise of military powers of the knowledge of facts and circumstances
President (Guazon vs. De Villa, 181 SCRA 623) indicating that the person to be arrested has
committed it.
B. Checkpoints (Valmonte vs. De Villa, 178 SCRA c. When the person to be arrested is a prisoner
211) who has escaped from a penal establishment
or place where he is serving final judgment or
REQUISITES: temporarily confined while his case is
CODE: P.A.L.V. pending, or has escaped while being
1. Abnormal times transferred from one confinement to another.
2. Limited to visual search
3. Vehicle not searched
4. Passengers not subjected to body search Waiver of an invalid arrest: When a person who is
detained applies for bail, he is deemed to have
Valmonte V. De Villa waived any irregularity which may have occurred in
As long as the vehicle is neither searched relation to his arrest. However, when a person who
nor its occupants subjected to a body search and the is detained applies for bail, before he enters a plea,
inspection of the vehicle is limited to a visual search he is not barred from later questioning the legality of
= valid search. his arrest.
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United Laboratories, Inc. v. Isip (461 SCRA 574) incriminating means the furnishing of
(June 28, 2005) evidence as proof of circumstance tending to
prove the guilt of a person.
Ratio:
On search warrant proceedings Sec. 3. (1) The privacy of communication and
A search warrant proceeding is, in no sense, correspondence shall be inviolable except upon
a criminal proceeding or the commencement lawful order of the court, or when public safety or
of a prosecution it is a special and peculiar order requires otherwise as prescribed by law.
remedy, drastic in nature, and made (2) Any evidence obtained in violation of this or the
necessary because of public necessity, preceding section shall be inadmissible for any
resembling in some respect with what is purpose in any proceedings.
commonly known as John Doe proceedings
A search warrant is a legal process which
has been likened to a writ of discovery R.A. 4200 (Anti-Wiretapping Act)
employed by the State to procure relevant
evidence of crime it is in the nature of a Ramirez v. Ca
criminal process, restricted to cases of public The law does not distinguish between a party
prosecutions and not a process for to the private communication or a third person.
adjudicating civil rights or maintaining mere Hence, both a party and a third person could be held
private rights. A private individual or a private liable under R.A. 4200 if they commit any of the
corporation complaining to the NBI or to a prohibited acts under R.A. 4200.
government agency charged with the
enforcement of special penal laws, such as
the BFAD, may appear, participate and file Gaanan v. IAC, 145 SCRA 112
pleadings in the search warrant proceedings The use of a telephone extension to overhear
to maintain, inter alia, to validity of the search a private conversation is not a violation of R.A. 4200
warrant issued by the court and the because it is not similar to any of the prohibited
admissibility of the properties seized. devices under the law. Also, a telephone extension
While the general rule is that the proper party is not purposely installed for the purpose of secretly
to file a petition in the Court of Appeals or intercepting or recording private communication.
Supreme Court to assail any adverse order
of the RTC in search warrant proceedings is Types of communication protected:
the People, a private corporation may file the Letters, messages, telephone calls, telegrams and
petition for certiorari which may be the like.
considered as the petition filed by the OSG.
Exclusionary rule:
On the plain view doctrine People v. Marti, 193 SCRA 57
The plain view doctrine is not an exception to Any evidence obtained shall be inadmissible
the warrant it merely serves to supplement for any purpose in any proceeding. However, in the
the prior justification, whether it be a warrant absence of governmental interference, the protection
for another subject, hot pursuit, search as an against unreasonable search and seizure cannot be
incident to a lawful arrest or some other extended to acts committed by private individuals.
legitimate reason for being present,
unconnected with a search directed against Constitutional Right to Privacy
the accused. The right to privacy, the right to be left alone, is
The immediate requirement means that the protected by the guarantee of due process over
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discovery of arethe object or the facts therein
needed to see this picture. seizures, the right to privacy of communications,
available to him, determine probable cause liberty of abode, the right to form associations, and
of the objects incriminating evidence to be the right against self incrimination. (Ople v. Torres,
immediate, probable cause must be the 293 SCRA 141)
direct result of the officers instantaneous
sensory perception of the object. Sec. 4. No law shall be passed abridging the
The immediately apparent test does not freedom of speech, of expression, or of the press, or
require an unduly high degree of certainty as of the right of the people peaceably to assemble and
to the incriminating character of the evidence petition the government for redress of grievances.
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Right of the people peaceably to assemble procedure which are necessary to regulate the time,
BAYAN versus EDUARDO ERMITA (G.R. No. place and manner of public assemblies.
169838)/ Jess del prado versus ERMITA (G.R. No. B.P. 880 was also held to be a content-neutral
169848)/ KILUSANG MAYO UNO versus THE legislation. A fair and impartial reading of B.P. No.
HONORABLE EXECUTIVE SECRETARY (G.R. No. 880 thus readily shows that it refers to all kinds of
169881) (April 25, 2006)* public assemblies that would use public places. The
Facts: reference to lawful cause does not make it content-
Petitioners in this case contest the validity of BP 880 based because assemblies really have to be for
(The Public Assembly Act of 1985) and the policy of lawful causes; otherwise they would not be
Calibrated Preemptive Response (CPR), which was peaceable and entitled to protection. Neither are the
issued in lieu of the Maximum Tolerance policy words opinion, protesting and influencing in the
through a statement by Executive Secretary Ermita. definition of public assembly content based, since
Petitioners are protesters who claim that they were they can refer to any subject. The words petitioning
conducting a peaceful mass action when they were the government for redress of grievances come from
violently dispersed by virtue of the no permit, no the wording of the Constitution, so its use cannot be
rally policy and the recently issued CPR policy. avoided. Finally, maximum tolerance is for the
Issues: protection and benefit of all rallyists and is
1. On the constitutionality of Batas Pambansa No. 880, independent of the content of the expressions in the
specifically Sections 4, 5, 6, 12 13(a) and 14(a) rally.
thereof, and Republic Act No. 7160: Furthermore, the permit can only be denied on the
a. Are these content-neutral or content-based ground of clear and present danger to public order,
regulations? public safety, public convenience, public morals or
b. Are they void on grounds of overbreadth or public health. This is a recognized exception to the
vagueness? exercise of the right even under the Universal
c. Do they constitute prior restraint? Declaration of Human Rights and the International
d. Are they undue delegations of powers to Covenant on Civil and Political Rights.
Mayors? Considering that the existence of such freedom parks
e. Do they violate international human rights treaties is an essential part of the laws system of regulation
and the Universal Declaration of Human Rights? of the peoples exercise of their right to peacefully
2. On the constitutionality and legality of the policy assemble and petition, the Court is constrained to
of Calibrated Preemptive Response (CPR): rule that after thirty (30) days from the finality of this
a. Is the policy void on its face or due to Decision, no prior permit may be required for the
vagueness? exercise of such right in any public park or plaza of a
b. Is it void for lack of publication? city or municipality until that city or municipality shall
c. Is the policy of CPR void as applied to the rallies have complied with Section 15 of the law. For without
of September 26 and October 4, 5 and 6, 2005? such alternative forum, to deny the permit would in
effect be to deny the right. Advance notices should,
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Ratio: coordination and orderly proceeding.
The Court held that although people have the right to On the matter of the CPR, the Solicitor General has
peaceably assemble and stage mass actions (1987 conceded that the use of the term should now be
Constitution, Art.3, Sec.4), such right is not absolute discontinued, since it does not mean anything other
(Primicias v. Fugoso and Reyes v. Bagatsing). B.P. than the maximum tolerance policy set forth in B.P.
880 is a codification of the ruling in Reyes v. No. 880.
Bagatsing, setting forth the requirements and
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Furthermore, there is need to address the situation which establish an official religion whether those laws
operate directly to coerce non-observing individuals
adverted to by petitioners where mayors do not act
or not. The test of compliance with the non-
on applications for a permit and when the police establishment clause can be stated as follows: What
demand a permit and the rallyists could not produce are the purposes and primary effect of the
one, the rally is immediately dispersed. In such a enactment? If either is the advancement or inhibition
of religion, the law violates the non-establishment
situation, as a necessary consequence and part of
clause. Thus, in order for a law to comply with the
maximum tolerance, rallyists who can show the non-establishment clause, two requisites must be
police an application duly filed on a given date can, met:
after two days from said date, rally in accordance A. It has a secular legislative purpose.
B. Its primary effect neither advances nor
with their application without the need to show a
inhibits religion.
permit, the grant of the permit being then presumed
under the law, and it will be the burden of the 2. The free exercise of religion clause
authorities to show that there has been a denial of withdraws from legislative power the exertion of any
restraint on the free exercise of religion. In order to
the application, in which case the rally may be
show a violation of this clause, the person affected
peacefully dispersed following the procedure of must show the coercive effect of the legislation as it
maximum tolerance prescribed by the law. operates against him in the practice of his religion.
In this Decision, the Court goes even one step further While the freedom to believe (non-establishment) is
absolute, the moment such belief flows over into
in safeguarding liberty by giving local governments a
action, it becomes subject to government regulation.
deadline of 30 days within which to designate specific
freedom parks as provided under B.P. No. 880. If, Requisites for government aid to be allowable:
after that period, no such parks are so identified in a. It must have a secular legislative purpose;
b. It must have a primary effect that neither
accordance with Section 15 of the law, all public
advances nor inhibits religion;
parks and plazas of the municipality or city concerned c. It must not require excessive entanglement
shall in effect be deemed freedom parks; no prior with recipient institutions.
permit of whatever kind shall be required to hold an
Re: Request of Muslim Employees in Different
assembly therein. The only requirement will be
Courts in Iligan City (Re: Office Hours)* (477
written notices to the police and the mayors office to SCRA 648) (December 14, 2005)
allow proper coordination and orderly activities.
Ratio:
Sec. 5. No law shall be made respecting an To allow the Muslim employees in the
establishment of religion, or prohibiting the free Judiciary to be excused form work from
exercise thereof. The free exercise and enjoyment of 10:00 a.m. to 2:00 p.m. every Friday (Muslim
religious profession and worship, without Prayer Day) during the entire calendar year
discrimination or preference, shall forever be allowed. would mean a diminution of the prescribed
No religious test shall be required for the exercise of government working hours the
civil or political rights. performance of religious practices, whether
by Muslim employees or those belonging to
other denominations, should not prejudice
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1. Non-establishmentare clause
needed to see this picture. The remedy of the Muslim employees, with
2. Free exercise of Religion respect to their request to be excused from
work from 10:00 a.m. to 2:00 p.m. every
School District v. Schempp, 374 US 203 Friday during the entire calendar year, is
legislative.
Distinction between the clauses
1. The non-establishment clause does not
depend upon any showing of direct governmental
compulsion. It is violated by the enactment of laws
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The government has discretion with respect to the When is the exercise of the power of eminent domain
authority to determine what matters are of public necessary?
concern and the authority to determine the manner of It is only necessary when the owner does not want or
access to them. opposes the sale of his property. Thus, if a valid
contract exists between the government and the
owner, the government cannot exercise the power of
eminent domain as a substitute to the enforcement of
the contract.
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Implicit limitations on the right to bail: Presumption of guilt should not be conclusive.
a. The person claiming the right must be in
actual detention or custody of the law.
b. The constitutional right is available only in
criminal cases, not, e.g. in deportation
proceedings.
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The right to be heard includes the following rights: RIGHT TO BE INFORMED OF THE NATURE AND
CAUSE OF ACCUSATION AGAINST HIM
1) Right to be present at the trial Purposes of the right:
2) The right to be present covers the period from a. To furnish the accused with a description of
ARRAIGNMENT to PROMULGATION of the charge against him as will enable him to
sentence. make his defenses
b. To avail himself of his conviction or acquittal
After arraignment, trial may proceed notwithstanding against a further prosecution for the same
absence of accused. cause
Note: Trial in absentia is allowed only if the accused c. To inform the court of the facts alleged.
has been validly arraigned and the following 2
requisites are met: If the information fails to allege the material elements
i. Accused has been duly notified; of the offense, the accused cannot be convicted
ii. His failure to appear is unjustifiable. thereof even if the prosecution is able to present
evidence during the trial with respect to such
The accused may waive the right to be present at the elements.
trial by not showing up. However, the court can still
compel the attendance of the accused if necessary The real nature of the crime charged is determined
for identification purposes. from the recital of facts in the information. It is not
determined based on the caption or preamble thereof
EXCEPTION: If the accused, after arraignment, has nor from the specification of the provision of law
stipulated that he is indeed the person charged with allegedly violated.
the offense and named in the information, and that
any time a witness refers to a name by which he is RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
known, the witness is to be understood as referring to TRIAL
him. Factors used in determining whether the right to a
speedy trial has been violated:
While the accused is entitled to be present during a. Time expired from the filing of the information
promulgation of judgment, the absence of his counsel b. Length of delay involved
during such promulgation does not affect its validity. c. Reasons for the delay
d. Assertion or non-assertion of the right by the
3. Right to counsel accused
Right to counsel means the right to EFFECTIVE e. Prejudice caused to the defendant.
REPRESENTATION.
Effect of dismissal based on the ground of violation of
If the accused appears at arraignment without the accuseds right to speedy trial
counsel, the judge must: If the dismissal is valid, it amounts to an acquittal and
a. Inform the accused that he has a right to a can be used as basis to claim double jeopardy. This
counsel before arraignment would be the effect even if the dismissal was made
b. Ask the accused if he desires the aid of with the consent of the accused.
counsel
c. If the accused desires counsel, but cannot Remedy of the accused if his right to speedy trial has
afford one, a counsel de oficio must be been violated
appointed QuickTime and a a. He can move for the dismissal of the case.
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d. If the accusedaredesires tothisobtain
needed to see picture. his own b. If he is detained, he can file a petition for the
counsel, the court must give him reasonable issuance of writ of habeas corpus.
time to get one.
Definition of impartial trial
4. Right to an impartial judge The accused is entitled to the cold neutrality of an
impartial judge.
5. Right of confrontation and cross-examination It is an element of due process.
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The attendance at the trial is open to all irrespective Distinction between Section 14 and Section 16.
of their relationship to the accused. However, if the While the rights of an accused only apply to the trial
evidence to be adduced is offensive to decency or phase of criminal cases, the right to a speedy
public morals, the public may be excluded. disposition of cases covers ALL phases of JUDICIAL,
The right of the accused to a public trial is not QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
violated if the hearings are conducted on Saturdays,
either with the consent of the accused or if failed to
object thereto. Sec. 17. No person shall be compelled to be a
witness against himself.
RIGHT TO MEET WITNESS FACE TO FACE
When is a question incriminating:
Purposes of the right: A question tends to incriminate when the answer of
a. To afford the accused an opportunity to the accused or the witness would establish a fact
cross-examine the witness which would be a necessary link in a chain of
b. To allow the judge the opportunity to observe evidence to prove the commission of a crime by the
the deportment of the witness accused or the witness.
Failure of the accused to cross-examine a witness: Distinction between an accused and an ordinary
If the failure of the accused to cross-examine a witness
witness is due to his own fault or was not due to the An accused can refuse to take the witness stand
fault of the prosecution, the testimony of the witness altogether by invoking the right against self-
should be excluded. incrimination.
When the right to cross-examine is demandable? An ordinary witness cannot refuse to take the stand.
He can only refuse to answer specific questions
It is demandable only during trials. Thus, it cannot be which would incriminate him in the commission of an
availed of during preliminary investigations. offense.
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When is a penalty cruel, degrading and What are the TWO KINDS OF JEOPARDY?
inhuman? a. First Sentence of Sec. 21: No person
A penalty is cruel and inhuman QuickTimeif itandinvolves
a torture or shall be twice put in jeopardy of
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lingering suffering. (Ex. Being
are needed to seedrawn
this picture.and quartered.) punishment for the same offense.
A penalty is degrading if it exposes a person to public b. Second Sentence: When an act is
humiliation. (Ex. Being tarred and feathered, then punished by a law and an ordinance,
paraded throughout town.) conviction or acquittal under either
shall constitute a bar to another
Standards used: prosecution for the same act.
1. The punishment must not be so severe as to
be degrading to the dignity of human beings. Under the first kind of jeopardy, conviction, acquittal,
2. It must not be applied arbitrarily. or dismissal of the case without the express consent
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When does jeopardy NOT attach: NOTE: Where a single act results in the violation of
1. If information does not charge any offense different laws or different provisions of the same law,
2. If, upon pleading guilty, the accused presents the prosecution for one will not bar the other so long
evidence of complete self-defense, and the as none of the exceptions apply.
court thereafter acquits him without entering
nd
a new plea of not guilty for accused. There is Definition of double jeopardy (2 sentence of
no valid plea here. Sec. 21)
3. If the information for an offense cognizable Double jeopardy will result if the act punishable under
by the RTC is filed with the MTC. the law and the ordinance are the same. For there to
4. If a complaint filed for preliminary be double jeopardy, it is not necessary that the
investigation is dismissed. offense be the same.
SUPERVENING FACTS
ND
When does first jeopardy TERMINATE: (2 Under the Rules of Court, a conviction for an offense
REQUISITE) will not bar a prosecution for an offense which
1. Acquittal necessarily includes the offense charged in the
2. Conviction former information where:
3. Dismissal W/O the EXPRESS consent of the a. The graver offense developed due to a
accused supervening fact arising from the same act or
4. Dismissal on the merits. omission constituting the former charge.
b. The facts constituting the graver offense became
Examples of termination ofQuickTime
jeopardy: and a known or were discovered only after the filing of
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1. Dismissal based on toviolation
are needed of the right to a
see this picture. the former information.
speedy trial. This amounts to an acquittal. c. The plea of guilty to the lesser offense was made
2. Dismissal based on a demurrer to evidence. without the consent of the prosecutor and the
This is a dismissal on the merits. offended party.
3. Dismissal on motion of the prosecution, d. Under (1)(b), if the facts could have been
subsequent to a motion for reinvestigation discovered by the prosecution but were not
filed by the accused. discovered because of the prosecutions
4. Discharge of an accused to be a state incompetence, it would not be considered a
witness. This amounts to an acquittal. supervening event.
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NOTE: The prohibition on ex post facto laws only Under the 1973 Constitution, however, children born
applies to retrospective PENAL laws. of Filipino mothers were already considered Filipinos.
Therefore, the provision on election of citizenship
Characteristics of an Ex Post Facto Law under the 1987 Constitution only applies to those
1. Refers to criminal matters persons who were born under the 1935 Constitution.
2. Retrospective In order for the children to elect Filipino citizenship,
3. Causes prejudice to the accused the mothers must have been Filipinos at the time of
their marriage. So, if your mother was a Filipina who
BILL OF ATTAINDER married an alien under the 1935 constitution and you
A bill of attainder is a LEGISLATIVE act which inflicts were born before January 17, 1973, you can elect
punishment W/O JUDICIAL trial. Filipino citizenship upon reaching the age of majority.
The bill of attainder does not needandtoa be directed at a
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specifically named person.
are needed It may
to see also refer to easily
this picture. When must election be made:
ascertainable members of a group in such a way as The election must be made within a reasonable
to inflict punishment on them without judicial trial. period after reaching the age of majority.
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disqualification which would bar her from Distinguish dual citizenship from dual allegiance
being naturalized.
Mercado v. Manzano
Natural-born citizens: Dual citizenship arises when, as a result of
1. Citizens of the Philippines from birth who do the concurrent application of the laws of two or more
not need to perform any act to acquire or states, a person is simultaneously considered a
perfect their Philippine citizenship. citizen of those states. Dual allegiance refers to the
2. Those who elect Philippine citizenship under situation in which a person simultaneously owes, by
Art. IV, Sec. 1(3) of 1987 Constitution. some positive act, loyalty to two or more states. Dual
nationality is involuntary and legal, while dual
Marriage of Filipino with an alien: allegiance is voluntary and illegal.
General Rule: The Filipino RETAINS Philippine
citizenship
Exception: If, by their act or omission they are ARTICLE V SUFFRAGE
deemed, under the law, to have renounced it.
Qualifications:
How may one lose citizenship (C.A. No. 63): CODE: CD18RR
1. By naturalization in a foreign country 1. Citizen of the Philippines
2. By express renunciation of citizenship 2. Not Disqualified by law
3. By subscribing to an oath of allegiance to the 3. At least 18 years old
laws or constitution of a foreign country 4. Resident of the Philippines for at least 1 year
4. By serving in the armed forces of an enemy 5. Resident of the place wherein he/she
country proposes to vote for at least 6 months
5. By cancellation of certificates of immediately preceding the election.
naturalization NOTE: NO literacy, property or other substantive
6. By being a deserter of the armed forces of requirement can be imposed on the exercise of
ones country suffrage.
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To whom does Absentee Voting apply: EXECUTION. This involves either of two tasks for
1. Persons who have the qualifications of a the administrative agencies:
voter but who happen to be temporarily 1. Filling up the details on an otherwise
abroad complete statute; or
2. Qualified voters who are in the Philippines 2. Ascertaining the facts necessary to bring a
but are temporarily absent from their voting contingent law or provision into actual
places operation.
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3. Each city with at least 250,000 inhabitants will 4. Must be a bona fide member of the party he
be entitled to at least one representative while seeks to represent at least ninety days before
each province will have at least one election day.
representative.
4. Legislative districts shall be re-apportioned by Guidelines for the election of party-list
Congress within 3 years after the return of representatives:
each census. The parties or organizations must represent the
5. The standards used to determine the marginalized and underrepresented in section 5 of
apportionment of legislative districts is meant to R.A. 7941 (Party-List Law);
prevent gerrymandering, which is the
formation of a legislative district out of separate Political parties who wish to participate must comply
territories so as to favor a particular candidate with this requirement;
or party. 1. The religious sector may not be represented;
2. The party or organization must not be
Distinctions between Term and Tenure disqualified under Section 6 of R.A. 7941 i.e.
religious sector/ organization, advocates of
Term Tenure violence or unlawful means to seek its goal,
The period during The period during foreign party or organization;
which the elected which such officer 3. The party or organization must not be an
officer is legally actually holds his adjunct of or a project organized or a entity
authorized to assume position funded or assisted by the government;
his office and exercise 4. Its nominees must likewise comply with the
the powers thereof requirement of the law;
CANNOT be reduced MAY, by law, be 5. Its nominees must likewise be able to
limited contribute to the formation and enactment of
legislation that will benefit the nation. (Ang
Party-List Representatives Bagong Bayani-OFW Labor Party v.
Constitute 20% of the total number of representatives COMELEC, GR No. 147589)
or a maximum of 50 party-list members.
However, for 3 consecutive terms from February 2, Sec. 9. In case of vacancy in the Senate or in the
1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 House of Representatives, a special election may be
seats shall be allotted to sectoral representatives. called to fill such vacancy in the manner prescribed
Under Art. XVIII, Sec. 7, the sectoral representatives by law, but the Senator or Member of the House of
are to be appointed by the President until legislation Representatives thus elected shall serve only for the
otherwise provides. unexpired term.
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Sec. 15: REGULAR AND SPECIAL SESSIONS An enrolled bill is the official copy of approved
legislation and bears the certifications of the
presiding officers of each House. Thus where the
Regular Sessions: certifications are valid and are not withdrawn, the
Congress convenes once every year on the 4th contents of the enrolled bill are conclusive upon the
Monday of July (unless otherwise provided for by courts as regards the provision of that particular bill.
law).
Continues in session for as long as it sees fit, until 30 Adjournments:
days before the opening of the next regular session, 1. Neither House can adjourn for more than 3
excluding Saturdays, Sundays, and legal holidays. days during the time Congress is in session
without the consent of the other House.
Special Sessions: 2. Neither can they adjourn to any other place
Called by the President at any time when Congress is than that where the two houses are sitting,
not in session. without the consent of the other.
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Sec. 18: THE COMMISSION ON APPOINTMENTS NOTE: The Electoral Tribunal and the Commission
on Appointments shall be constituted within 30 days
Composition: after the Senate and the House of Representative
1. Senate President as ex-officio chairman; shall have been organized with the election of the
2. 12 Senators; and President and the Speaker.
3. 12 Members of the House.
Sections 21-22: LEGISLATIVE INQUIRIES
NOTE: The 12 Senators and 12 Representatives are
elected on the basis of proportional representation Scope of Legislative Inquiries:
from the political parties and party-list organizations. Such must be conducted in aid of legislation which
does not mean that there is pending legislation
Voting/Action regarding the subject of the inquiry. Hence, the
1. The Commission shall rule by a majority vote materiality of a question is determined not by its
of all the Members. connection to any actually pending legislation, but by
2. The chairman shall only vote in case of a tie. its connection to the general scope of the inquiry.
3. The Commission on Appointments shall act
on all appointments within 30 session days But, if the investigation is no longer in aid of
from their submission to Congress. legislation but in aid of prosecution which the
stated purpose of the investigation is to determine the
Jurisdiction existence of violations of the law, then it is beyond
Commission on Appointments shall confirm the the scope of congressional powers.
appointments by the President with respect to the
following positions: (CODE: HAPCOO) Enforcement:
1. Heads of the Executive Departments (except Congress or local government units if they are
if it is the Vice-President
QuickTime andwho a is appointed to expressly authorized to do so, has the inherent power
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the post). are needed to see this picture. to punish recalcitrant witnesses for contempt, and
2. Ambassadors, other public ministers or may have them incarcerated until such time that they
consuls. agree to testify. The continuance of such
3. Officers of the AFP from the rank of Colonel incarceration only subsists for the lifetime, or term, of
or Naval Captain: and such body. Thus, each Congress of the House lasts
4. Other officers whose appointments are for only 3 years. But if one is incarcerated by the
vested in him by the Constitution (e.g. Senate, it is indefinite because the Senate, with its
COMELEC members). staggered terms, is a continuing body.
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Department heads may appear before Congress in Several invitations were issued by the Senate to
the following instances: various officials of the Executive Department
1. Upon their own initiative, with the consent of including officials of the AFP for them to appear as
the President (and that of the House resource speakers in a public hearing on the alleged
concerned); or
2. Upon the request of either House (which overpricing and unlawful provisions of the contract
cannot compel them to attend) covering the North Rail Project.
And, their appearance will be conducted in However, they received a letter requesting a
EXECUTIVE SESSION when:
1. Required by the security of state or required postponement of the hearing in order to be given
by public interest; and opportunity to prepare for the various issues involved.
2. When the President so states in writing However, Senator Drilon said that the request was
belatedly sent and all preparation were already
Question Legislative
Hour Investigation made, thus, postponement is impossible. On that
(Sec. 22, (Sec. 21, Article same day, the President issued EO 464 which,
Article VI) VI) pursuant to Section 6 thereof, took effect
As to persons Only a Any person immediately.
who may department
appear head
As to who Entire body Committees Such law provides that all heads of departments of
conducts the the Executive Branch of the government shall
investigation secure the consent of the President prior to
As to the Matters related Any matter for
appearing before either House of Congress. And,
subject matter to the the purpose of
department legislation this does not only cover department heads but
only several officials which, in the discretion of the
QuickTime and a
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are needed to see this picture.
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Because of this law, the Senate was informed that no party with a more direct and specific interest in
officer of the Executive Branch can attend the raising the questions being raised. The first and last
hearing without seeking approval from the President are lacking since no public funds or assets are
while those military officials who testified without the involve in the present petition.
approval from the President were relieved. Thus,
several petitions were filed questioning the said EO. Constitutionality of EO 464
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whenever an official involves EO 464 to justify his exercise powers necessary and proper to carry out a
declared national policy.
failure to be present, such invocation must be
Such powers expires
construed as a declaration to Congress that the 1. by resolution of Congress or
President has determined that the requested 2. upon the next adjournment of Congress
information is privileged. Such declaration however,
even without mentioning the term executive
Limitations:
privilege amounts to an implied claim that the 1. Powers will be exercised for a limited period
information is privileged. However, in the letter of only; and
Sec. Ermita, there is no explicit invocation of 2. Powers will be subject to restrictions
prescribed by Congress
executive privilege.
Sections 24-27, 30-31 LEGISLATION
Section 3 cannot be dismissed outright as invalid by
the mere fact that it sanctions claims of executive Bills that must originate from the House of
Representatives (Sec. 24)
privilege. Claims of privilege must be assessed on a
(CODE: A R T Pu Lo P)
case to case basis, examining the ground involved
and circumstances surrounding them. What is 1. Appropriation bills
important is that the President asserts such a 2. Revenue bills
3. Tariff bills
privilege.
4. Bills authorizing the increase of public debt
5. Bills of local application
However, in the case at bar, such a claim is not 6. Private bills
asserted, Instead of providing precise and certain NOTE: The Senate may, however, propose or
concur with amendments.
reasons from the claim, the letter of Sec. Ermita
merely invokes 464 coupled with an announcement Appropriation bills
that the President has not given her consent. This The primary and specific aim of an appropriation bill
frustrates the power of inquiry of the is to appropriate a sum of money from the public
treasury. E.g. Budget
Congress. Section 2b in relation to section 3
provides that once a head of office determines that BUT: A bill creating a new office, and appropriating
certain information is privileged, such a funds therefor is NOT an appropriation bill.
determination is presumed to bear the Presidents
Revenue Bill
authority. These provisions thus allow the President
A revenue bill is one specifically designed to raise
to authorize claims of privilege by mere silence. In money or revenue through imposition or levy.
fine, Section 3 and Section 2 of EO 464 must be But a provision in, for instance, the Videogram
invalidated. Regulatory Board law imposing a tax on video rentals
does not make the law a revenue bill.
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These shall remain effective UNLESS revoked by the BUT While the President may remove from office
elected President within 90 days from his assumption those who are not entitled to security of tenure, or
or re-assumption of office. those officers with no set terms, such as Department
Heads, the officers, and employees entitled to
Limitation security of tenure cannot be summarily removed from
1. 2 months immediately before the next office.
Presidential elections, and up to the end of
his term, the President or Acting President Power of Supervision:
SHALL NOT make appointments. This is to This is the power of a superior officer to ensure that
prevent the practice of midnight the laws are faithfully executed by subordinates.
appointments. The power of the president over local government
2. EXCEPTION: units is only of general supervision. Thus, he can
a) Can make TEMPORARY only interfere with the actions of their executive
APPOINTMENTS heads if these are contrary to law.
b) To fill EXECUTIVE POSITIONS; The execution of laws is an OBLIGATION of the
c) If continued vacancies therein will President. He cannot suspend the operation of laws.
prejudice public service or endanger The power of supervision does not include the power
public safety. of control; but the power of control necessarily
includes the power of supervision.
Sec. 17. Power of Control and Supervision
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be waived by the Court in the exercise of its 2. However, the provisions of PP 1017
discretion, under the principle of commanding the AFP to enforce laws not related to
transcendental importance, provided the lawless violence, as well as decrees promulgated by
following requirements are met: the President, are declared UNCONSTITUTIONAL.
a. the cases involve constitutional The assailed PP 1017 is unconstitutional insofar as it
issues grants PGMA the authority to promulgate decrees.
b. for taxpayers, there must be a claim Legislative power is peculiarly within the province of
of illegal disbursement of public the Legislature. She can only order the military, under
funds or that the tax measure is PP 1017, to enforce laws pertinent to its duty to
unconstitutional; suppress lawless violence.
c. for voters, there must be a showing 3. In addition, the provision in PP 1017 declaring
of obvious interest in the validity of national emergency under Section 17, Article VII of
the election law in question; the Constitution is CONSTITUTIONAL, but such
d. for concerned citizens, there must be declaration does not authorize the President to take
a showing that the issues raised are over privately-owned public utility or business
of transcendental importance which affected with public interest without prior legislation.
must be settled early; 4. G.O. No. 5 is CONSTITUTIONAL since it provides
e. for legislators, there must be a claim a standard by which the AFP and the PNP should
that the official action complained of implement PP 1017, i.e. whatever is necessary and
infringes upon their prerogatives as appropriate actions and measures to suppress and
legislators prevent acts of lawless violence. Considering that
3. it is not proper to implead PGMA as a acts of terrorism have not yet been defined and
respondent. Settled is the doctrine that the made punishable by the Legislature, such portion of
President, during his tenure of office or actual G.O. No. 5 is declared UNCONSTITUTIONAL.
incumbency, may not be sued in any civil or
criminal cases, and there is no need to Hence, the various warrantless arrest; the imposition
provide for it in the Constitution or law. of standards on media or any form of prior restraint
on the press, as well as the warrantless search of the
A. SUBSTANTIVE Tribune offices and whimsical seizure of its articles
1. Review of Factual Bases for publication and other materials, are declared
4. As to how the Court may inquire into the UNCONSTITUTIONAL for PP 1017 is merely an
Presidents exercise of power, in Lansang v. invocation of the Presidents calling-out power; there
Garcia, it adopted the test that judicial is nothing in it allowing the police, expressly or
inquiry can go no further than to satisfy the impliedle, to conduct illegal arrest, search, or violate
Court not that the Presidents decision is the citizens constitutional rights.
correct but that the President did not act
arbitrarily. Thus, the standard laid down is
not correctness, but arbitrariness. Sec. 19: EXECUTIVE CLEMENCY
5. Hence, it is incumbent upon the petitioner to
show that the Presidents decision is totally Scope:
bereft of factual basis of which they failed to After conviction by final judgment, the President may
show that PGMAs exercise of the calling-out grant the following: [ Pa R C Re]
power, by issuing PP 1017, is totally bereft of 1. Pardons (conditional or plenary)
factual basis. 2. Reprieves
3. Commutations
B. Substantive 4. Remittance of fines and forfeitures
QuickTime and a
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The Petitions are partly granted.
are needed to see this picture. NOTE: The power to grant clemency includes cases
involving administrative penalties.
1. The Court rules that PP 1017 is Where a conditional pardon is granted, the
CONSTITUTIONAL insofar as it constitutes a call by determination of whether it has been violated rests
President Gloria Macapagal-Arroyo on the AFP to with the President.
prevent or suppress lawless violence, which pertains Limitations:
to a spectrum of conduct, and not free speech, which A. Cannot be granted:
is manifestly subject to state regulation. 1. Before conviction
In cases of impeachment
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2. For violations of election laws, rules, and 2. Subject to such limitations as may be provided by
regulations without the favorable law.
recommendation of the COMELEC a. Monetary Board shall submit to Congress
3. In cases of civil or legislative contempt report on loans within 30 days from the end of
B. As to effect: every quarter.
1) Does not absolve civil liabilities for an
offense. Section 21. Foreign Relations Powers
2) Does not restore public offices already
forfeited, although eligibility for the same may include:
be restored. 1. Power to negotiate treaties and other international
agreements BUT: Such treaty or international
Amnesty: agreement needs to pass to the Senate which
An act of grace concurred in by Congress, usually has the following options:
extended to groups of persons who commit political a. Approve with 2/3 majority;
offenses, which puts into oblivion the offense itself. b. Disapprove outright; or
President alone CANNOT grant amnesty for it needs c. Approve conditionally, with suggested
the concurrence by a majority of all the members of amendments which if re-negotiated and the
Congress. Senates suggestions are incorporated, the
When a person applies for amnesty, he must admit treaty will go into effect without need of
his guilt of the offense which is subject to such further Senate approval
amnesty. If his application is denied, he can be
convicted based on this admission of guilt. However, if re-negotiated, there is no treaty. If theres
conflict between treaty and municipal law, then
Amnesty V. Pardon under;
a. Philippine Courts: The later enactment will
AMNESTY PARDON prevail, be it treaty or law, as it is the latest
Addressed to Addressed to expression of the States will.
POLITICAL offenses ORDINARY offenses b. International tribunal: Treaty will always
Granted to a CLASS of Granted to prevail. A State cannot plead its municipal
persons INDIVIDUALS law to justify noncompliance with an
Need not be accepted Must be accepted international obligation.
Requires concurrence of No need for
majority of all members Congressional NOTE: While our municipal law makes a
of Congress concurrence distinction between international agreements
A public act. Subject to Private act of President. and executive agreements, with the former
judicial notice It must be proved. requiring Senate approval and the latter not
Extinguishes the offense Only penalties are needing the same, under international law,
itself extinguished. there is no such distinction.
May or may not restore NOTE: The President cannot, by executive
political rights. Absolute agreement, undertake an obligation which
pardon restores. indirectly circumvents a legal prohibition.
Conditional does not.
Civil indemnity is not 2. Power to appoint ambassadors, other public
extinguished. ministers, and consuls.
May be granted before Only granted after
or after conviction conviction by final 3. Power to receive ambassadors and other public
judgment
QuickTime and a ministers accredited to the Philippines.
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are needed to see this picture.
Sec. 20. Power to Contract or Guarantee Foreign 4. Power to contract and guarantee foreign loans
Loans on behalf of the Republic
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Person of proven competence, integrity, probity 2. Disciplinary action against judges of lower courts:
and independence Only the SC en banc has jurisdiction to discipline or
dismiss judges of lower courts.
Disciplinary action/dismissal: Majority vote of SC
Sec. 8. JUDICIAL AND BAR COUNCIL Justices who took part in the deliberations and voted
therein.
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Service, and is not subject to the CSC authority is not bound to appoint the person next in
jurisdiction. rank.
c. If previously government-controlled, but
is later privatized, it ceases to fall under Tenure (Classification of Positions)
CSC. Career Service Non-Career Service
d. Jurisdiction is determined as of the time 1. Entrance based 1. Entrance on bases
of filing the complaint. on merit and fitness OTHER than usual
to be determined as tests of merit and
Appointments to civil service shall be: far as practicable by fitness.
competitive
A. Competitive positions examinations or
According to merit and fitness to be determined by based on highly
competitive examinations, as far as practicable technical
except to positions which are policy-determining, qualifications.
primarily confidential, or highly technical. 2. Entitled to security 2. Tenure limited to:
of tenure a) Period specified by
law,
B. Non-competitive positions b) Coterminous with
the appointing
1. No need for competitive examinations. authority or subject
to his pleasure, or
2. 3 kinds c) Limited to the
a. Policy-determining - formulate a method duration of a
of action for the government particular project
b. Primarily confidential - more than for which purpose
ordinary confidence; close intimacy the employment
insures freedom of intercourse without was made.
betrayals of personal trust. 3. With opportunity
c. Highly technical - requires technical skill for advancement to
to a superior degree. higher career
positions.
C. The TEST to determine whether non-competitive
is the nature of the responsibilities, NOT the Security of Tenure:
administrative or legislative description given to it. 1. Officers or employees of the Civil Service
cannot be removed or suspended EXCEPT
D. Both types of positions are entitled to security for cause provided by law. It guarantees both
of tenure. They only differ in the MANNER in procedural and substantive due process.
which they are filled.
2. For "LEGAL CAUSE" - Cause is:
E. Who may be appointed: a. related to and affects the administration
1. RULE: Whoever fulfills all the qualifications of office, and
prescribed by law for a particular position b. must be substantial (directly affects the
may be appointed therein. rights & interests of the public)
2. The CSC cannot disapprove an appointment
just because another person is better 3. Security of tenure for Non-competitive
qualified, as long as the appointee is himself positions
qualified. QuickTime and a a. Primarily confidential officers and
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3. The CSC CANNOT add
are needed to see qualifications other
this picture. employees hold office only for so long as
than those provided by law. confidence in them remains.
b. If there is GENUINE loss of confidence,
F. Next-In-Rank Rule there is no removal, but merely the
While a person next in rank is entitled to preferential expiration of the term of office
consideration, it does not follow that only he, and no c. Non-career service officers and
one else, can be appointed. Such person has no employees do not enjoy security of
vested right to the position and the appointing tenure.
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i. Regional,
THE COMMISSION ON ELECTIONS ii. Provincial, and
iii. City officials
Sec.1.COMPOSITION/QUALIFICATIONS/TERM
b. Appellate jurisdiction over all contests
Composition: (7) involving:
1. 1Chairman and i. Elective municipal officials decided by
2. 6 Commissioners trial courts of general jurisdiction
ii. Elective barangay officials decided by
Qualifications: trial courts of limited jurisdiction.
1. Natural-born citizens of the Philippines;
2. At least 35 years old at the time of c. Decisions, final orders, or rulings of the
appointment Commission on election contests involving
3. Holders of college degrees; and elective municipal and barangay offices
4. Not candidates for any elective position in the shall be final, executory, and not
immediately preceding elections. appealable. Exception: Appealable to the
5. Majority of the Commission, including the SC on questions of law.
Chairman must be:
a. Members of the Philippines Bar d. Contempt powers
b. Engaged in the practice of law for at least i. COMELEC can exercise this power
10 years: any activity in or out of court, only in relation to its adjudicatory or
which requires the application of law, quasi-judicial functions. It CANNOT
legal procedure, knowledge, training and exercise this in connection with its
experience. purely executive or ministerial
6. Appointments subject to CA approval functions.
ii. If it is a pre-proclamation controversy,
Term: the COMELEC exercises quasi-
st
1. 7 years (1 appointed: Chairman -7 yrs; 3 judicial/administrative powers.
Members - 7 yrs; 2 Members - 5 yrs; 1 iii. Its jurisdiction over contests (after
Member - 3 yrs) proclamation), is in exercise of its
2. LIMITATION: Single term only: no judicial functions.
reappointment allowed
3. Appointment to a vacancy: only for unexpired e. The COMELEC may issue writs of
portion of predecessors term certiorari, prohibition and mandamus in
4. No temporary appointments, or appointments exercise of its appellate jurisdiction. This
in acting capacity is not an inherent power.
a. Thus, the President cannot designate an
incumbent commissioner as acting 3. Decide, except those involving the right to
Chairman. vote, all questions affecting elections,
b. The choice of temporary chairman falls including determination of the number and
under the COMELECs discretion. location of polling places, appointment of
election officials and inspectors, and
Sec. 2. POWERS AND FUNCTIONS registration of voters.
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a. This power is NOT limited to the election 8. Recommend to the President the removal of
period. any officer or employee it has deputized, or
b. Applies to both criminal and administrative the imposition of any other disciplinary
cases. action, for violation or disregard of, or
disobedience to its directive, order, or
5. Registration of political parties, decision.
organizations, or coalitions/accreditation of
citizens arms of the Commission on 9. Submit to the President and the congress a
Elections. comprehensive report on the conduct of each
a. The political parties etc. must present their election, plebiscite, initiative, referendum, or
platform or program of government. recall.
b. There should be sufficient publication
c. Groups which cannot be registered: Sec. 3. RULES OF PROCEDURE/ DECISION-
i. Religious denominations/sects But not MAKING
applicable to political parties with
religious affiliation or which derive their Rules of Procedure
principles from religious beliefs 1. COMELEC can sit en banc or in two divisions
ii. Groups which seek to achieve their 2. It has the power to promulgate its own rules
goals through violence or unlawful of procedure in order to expedite disposition
means of election cases, including pre-election
iii. Groups which refuse to uphold and controversies.
adhere to the Constitution
iv. Groups which are supported by any Decision-Making
foreign government such as financial 1. Election cases should be heard and decided
contributions related to elections. If in division.
accepted, it is an additional ground for 2. However, motions for reconsideration of
the cancellation of their registration decisions should be decided by COMELEC
with the Commission, in addition to en banc.
other penalties that may be prescribed a. Decisions mean resolutions on
by law. substantive issues.
b. If a division dismisses a case for failure
6. File, upon a verified complaint, or on its own of counsel to appear, the Motion for
initiative, petitions in court for inclusion of Reconsideration here may be heard by
exclusion of voters; investigate and, where the division.
appropriate, prosecute cases of violations of c. EXCEPTION: COMELEC en banc may
election laws, including acts or omissions directly assume jurisdiction over a
constituting elections frauds, offenses and petition to correct manifest errors in the
malpractices. tallying of results by Board of
a. COMELEC has exclusive jurisdiction to Canvassers.
investigate and prosecute cases for
violations of election laws. NOTE: In Balajonda v. COMELEC (GR No. 166032),
b. COMELEC can deputize prosecutors for the COMELEC CAN ORDER IMMEDIATE
this purpose. The actions of the EXECUTION OF ITS OWN JUDGMENTS.
prosecutors are the actions of the
COMELEC Sec. 4. SUPERVISION/REGULATION OF
c. Preliminary investigation conducted by FRANCHISES / PERMITS / GRANTS / SPECIAL
COMELEC is QuickTime
valid and a PRIVILEGES / CONCESSIONS
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b. Applies not just to elections but also to No Right to be represented in Various Boards
plebiscites and referenda. Political parties, organizations, or coalitions
3. Plebiscite: Submission of constitutional registered under the party-list system shall NOT be
amendments or important legislative represented in the following:
measures to the people for ratification 1. Voters registrations boards,
4. Referendum: power of the electorate to 2. Boards of election inspectors,
approve or reject legislation through an 3. Boards of canvassers, or
election called for that purpose. 4. Other similar bodies.
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5. Where the following requirements are 3. While Congress can abolish or eradicate
complied with, it becomes the ministerial duty individual units, it cannot abolish an entire
of the COA to approve and pass in audit class of LGUs
vouchers for payment:
a. There is a law appropriating funds for a Sec. 2. Local Autonomy
particular purpose;
b. There is a contract, made by the proper 1. All political subdivisions shall enjoy local
officer, entered into in conformity with the autonomy
above-mentioned law; 2. This does not mean that the LGUs are
c. The goods or services covered by such completely free from the central government.
contract have been delivered or rendered a. Judiciary may still pass on LGU actions
in pursuance to such contract, as b. President may exercise disciplinary
attested by the proper officer; and power over LGU officials.
d. Payment has been authorized by officials
of the corresponding department or SEC. 3. Congress shall enact a local government
bureau. code which shall provide for a more responsive and
6. Prosecutors may still review accounts accountable local government structure instituted
already settled and approved by COA for the through a system of decentralization with effective
purpose of determining possible criminal mechanisms of recall, initiative, and referendum,
liability. This is because COAs interest in allocate among the different local government units
such accounts is merely administrative. their powers, responsibilities, and resources, and
7. COA has the power to determine the provide for the qualifications, election, appointment
meaning of public bidding and what and removal, term, salaries, powers and functions
constitutes failure when regulations require and duties of local officials, and all other matters
public bidding for the sale of government relating to the organization and operation of the local
property. units.
Sec. 3. No law shall be passed exempting any entity Sec.4. PRESIDENTIAL SUPERVISION OF LGUS
of the Government or its subsidiary in any guise
whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit. Supervision of President
1. The President exercises GENERAL
ARTICLE X: LOCAL GOVERNMENT supervision over all LGUs
2. The President exercises DIRECT supervision
Sec.1.TERRITORIAL/POLITICAL SUBDIVISIONS over
OF THE REPUBLIC OF THE PHILIPPINES ARE a. Provinces
THE: b. Autonomous regions and
c. Independent cities.
Composition: 3. This power is limited to ensuring that lower
1. Provinces officers exercise their functions in
2. Cities; accordance with law.
3. Municipalities; and 4. The President cannot substitute his judgment
4. Barangays for that of an LGU official unless the latter is
acting contrary to law.
There shall be Autonomous regions in: 5. The President may, however, impose
1. Muslim Mindanao, and administrative sanctions against LGU
2. Cordilleras [At QuickTime
present,and ait is only the officials, such as suspension for 120 days,
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Cordillera ADMINISTRATIVE
are needed to see this picture.region] and may even remove them from their posts,
NOTE: in accordance with law.
1. A third autonomous region would require a 6. Provinces exercise DIRECT supervision over
constitutional amendment. component cities and municipalities.
2. These political subdivisions, created by the 7. Cities and municipalities exercise DIRECT
Constitution can be replaced by supervision over component barangays.
AMENDMENT, and not by law.
Sec. 5. EACH LOCAL GOVERNMENT SHALL
HAVE THE POWER TO CREATE OWN SOURCES
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OF REVENUE/LEVY TAXES, FEES AND CHARGES of the national wealth within their respective
ETC. areas in the manner provided by law.
2. This includes sharing the same with the
Limitations on Power inhabitants by way of direct benefits.
1. It is subject to such guidelines and limitations
as Congress may provide. See Local Under the LGC: CODE: MR.-FOS
Government Code for examples. LGUs have a share of 40% of the gross collection
2. The guidelines set by Congress should be derived by the national government from the
consistent with the basic policy of local preceding fiscal year from
autonomy. 1. Mining taxes
2. Royalties
Accrual of taxes, fees, charges 3. Forestry and fishery charges
The taxes, fees and charges shall accrue exclusively 4. Other taxes, fees and charges
to the local governments. 5. Share in any co-production, joint venture or
production sharing agreement in the
Sec.6. LGUs SHALL HAVE A JUST SHARE IN utilization and development of the national
NATIONAL TAXES, AS DETERMINED BY LAW, wealth w/in their territorial jurisdiction
WHICH SHALL BE AUTOMATICALLY RELEASED
TO THEM. SEC. 8. TERM OF OFFICE
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examine, if necessary, pertinent records and Section 15: RECOVERY OF ILL-GOTTEN WEALTH
documents.
Prescription, Laches, Estoppel
5. Public matters covered by its investigation The right of the State to recover properties unlawfully
when circumstances so warrant and with due acquired by public officials and employees from them
process or from their nominees or transferees shall NOT be
barred by prescription, laches or estoppel.
6. Determine the cause of inefficiency, red tape,
mismanagement, fraud and corruption in the Their right to prosecute criminally these officials and
government and make recommendations for employees may prescribe.
their elimination and the observance of high
standards of ethics and efficiency Section 16: PROHIBITION ON CERTAIN
FINANCIAL TRANSACTIONS
7. Promulgate its rules of procedure and
exercise such other powers or perform such Coverage:
functions or duties as may be provided by This prohibition applies to:
law 1. President
2. Vice-President
NOTE: The Office of the Ombudsman also has the 3. Members of the Cabinet
duty to act promptly on complaints filed in any form or 4. Members of Congress
manner against public officials or employees of the 5. Members of Supreme Court
government, or any subdivision, agency or 6. Members of Constitutional Commissions
instrumentality including GOCCs and their Ombudsman
subsidiaries. In appropriate cases, it should notify 7. Any firm or entity in which they have
the complainants of the action taken and the result controlling interest
thereof.
When prohibition applies: during their TENURE.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal Scope of prohibition:
autonomy. Its approved annual appropriations 1. The above mentioned officials cannot obtain,
should be automatically and regularly released. directly or indirectly for BUSINESS
PURPOSES:
Section 7: OFFICE OF THE SPECIAL a. Loans
PROCECUTOR b. Guarantees
c. Other forms of financial accommodation
Under the 1987 Constitution, the existing from:
Tanodbayan became the Office of the Special i. Government owned or controlled
Prosecutor banks; or
ii. Government owned or controlled
Powers financial institutions.
It will continue to function and exercise its powers as
now or hereafter may be provided by law 2. If the loan, etc, is NOT for business purpose,
Exception: Powers conferred on the Office of the e.g. a housing loan, the prohibition does not
Ombudsman apply.
NOTE: The Office of the Special Prosecutor is Section 17: Statements of assets, liabilities and net
subordinate to and acts QuickTime
under andthe a orders of the worth
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Ombudsman are needed to see this picture.
When submitted:
NOTE: According to Jack, the SC was wrong Public officer and employee shall submit a
because the ConCom intended that the SP was to declaration under oath of his assets, liabilities and net
prosecute anti-graft cases. worth upon assumption of office and as often as
required under the law.
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These declarations shall be disclosed to the public in some material points, heavy work load, and other
a manner provided by law in the case of: circumstances allegedly beyond her control does not
1. President absolve a judge from liability for failure to decide a
2. Vice-President case within the reglementary period.
3. Members of the Cabinet
4. Members of Congress ARTICLE XII NATIONAL ECONOMY AND
5. Justices of the Supreme Court PATRIMONY
6. Members of Constitutional Commissions
7. Other constitutional offices SEC. 1. GOALS OF THE NATIONAL ECONOMY
8. Officers of the armed forces with general or
flag rank
Three-fold goal:
Section 18: Allegiance of public officers and 2. More equitable distribution of opportunities,
employees income and wealth;
3. Sustained increase in the amount of goods
Allegiance to the State and to the Constitution and services produced by the nation for the
Change in Citizenship/Immigrant Status benefit of the people; and
4. Expanding productivity, as the key to raising
1. Incumbent public officers and employees the quality of life for all.
who seek either change in his citizenship; or
to acquire immigrant status in another The State shall promote industrialization and full
country shall be dealt with by law. employment
2. If Philippine citizenship is one of the 1. It should be based on sound agricultural
qualifications to the office, the loss of such development and agrarian reform
citizenship means the loss of the office by the 2. It should be through industries that make full
incumbent. and efficient use of human and natural
3. The Election Code provides the rules with resources. Industries should also be
respect to non-incumbents, i.e. persons competitive in both domestic and foreign
running for elective offices. markets.
4. The Code provides that permanent residents
of or immigrant to a foreign country cannot Protection of Filipino enterprises
file certificates of candidacy unless they The State shall protect Filipino enterprises
expressly waive their status as such against unfair foreign competition and trade
NOTE: This renunciation must be some other than, practices.
and prior to, the filling of the certificate of candidacy.
Role of Private Enterprises
Re: Report on the On-the-Spot Judicial Audit Private enterprises, including corporations,
Conducted in the RTC Branches 45 & 53, Bacolod cooperatives, and similar collective organizations,
City*, 467 SCRA 20, August 16, 2005 shall be encouraged to broaden the base of their
ownership.
Ratio:
A judges high case load, his being assigned in other Section 2. REGALIAN DOCTRINE
salas with also heavy case load, not to mention the
fact that he has to traverse long distance by public Distinction between Imperium and Dominium
utility buss and has to attend to some other additional Imperium: Government authority possessed by the
assignments could constitute sufficient justification for State which is appropriately embraced in sovereignty.
his non-compliance with QuickTime
his dutyandto a decided cases
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within the 90-day are period asthis picture.
needed to see mandated by the Dominium:
Constitution. a. The capacity of the State to own and acquire
property.
Chan v. Lantion*, 468 SCRA 37, August 25, 2005 b. It refers to lands held by the government in a
proprietary character: can provide for the
Ratio: exploitation and use of lands and other
The transfer of the branch clerk of court to the office natural resources.
of the Provincial Prosecutor or the difficulty
encountered by the legal researcher in studying Scope:
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The following are owned by the State: scale exploration etc. of minerals, petroleum,
1. Lands of the public domain: and other mineral oils. These agreements
2. Waters should be in accordance with the general
3. Minerals, coals, petroleum, and other mineral terms and conditions provided by law.
oils; 2. They should be based on the real
4. All sources of potential energy; contributions to economic growth and
5. Fisheries; general welfare of the country.
6. Forests or timber; 3. In the agreements, the State should promote
7. Wildlife; the development and use of local scientific
8. Flora and fauna; and and technical resources.
9. Other natural resources. 4. The President should notify Congress of
every contract under this provision within 30
Alienation of Natural Resources days from its execution.
1. General Rule: All natural resources 5. Management and service contracts are not
CANNOT be alienated allowed under this rule.
2. Exception: Agricultural lands
Protection of Marine Wealth
Exploration, Development and Utilization of 1. The State shall protect its marine wealth in its
Natural Resources archipelagic waters, territorial sea & EEZ
1. Shall be under the full control and 2. The State shall reserve its use and
supervision of the State enjoyment exclusively to Filipino citizens.
2. Means
a. The state may DIRECTLY UNDERTAKE Sec. 3. LANDS OF THE PUBLIC DOMAIN ARE
such activities CLASSIFIED INTO:
b. The state may enter into CO-
PRODUCTION, JOINT VENTURE OR 1. Agricultural
PRODUCTION-SHARING arrangements 2. Forest/timber
with Filipino citizen or Corporation or 3. Mineral lands &
association at least 60% of whose capital 4. National Parks
is owned by such citizens
3. Limitations: NOTE:
a. Period: It should not exceed 25 years, 1. Reclassification of PUBLIC (MINERAL AND
renewable for not more than 25 years AGRICULTURAL) lands - exclusive
b. Under terms and conditions as may be prerogative of the Executive Department
provided by law. through the Office of the President, upon
5. In case of water rights/water recommendation by the DENR.
supply/fisheries/industrial uses other than the But as to FOREST AND NATIONAL
development of water power PARKS, it is the Congress which has the
6. The beneficial use may be the measure and sole power to reclassify.
limit of the grant. 2. Classification is descriptive of the legal
nature of the land and NOT what it looks like.
Small-scale Utilization of Natural Resources Thus, the fact that forest land is denuded
1. Congress may, by law, authorize small-scale does not mean it is no longer forest land.
utilization of natural resources by Filipino
citizens Alienable lands of public domain
2. Congress may also authorize cooperative 1. Only agricultural lands are alienable.
fish farming with priority
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and a to subsistence 2. Agricultural lands may be further classified by
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fishermen and fishworkers
are needed to see this picture. in the rivers, law according to the uses to which they may
lakes, bays and lagoons. be devoted.
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2. Action for reversion under the Public Land 2. Power to grant franchises may be delegated
Act to appropriate regulatory agencies and/or
3. An action by the former Filipino owner to LGUs
recover the land
a. The former in pari delicto principle has Public utility
been abandoned 1. In order to be considered as a public utility,
b. Alien still has the title (didnt pass it on to and thus subject to this provision, the
one who is qualified) undertaking must involve dealing directly with
the public.
J.G. Summit Holdings v. Court of Appeals, 450 2. Thus, a Build-Operate-Transfer grantee is
SCRA 169, January 31, 2005 NOT a public utility. The BOT grantee
merely constructs the utility, and it leases the
Ratio: same to the government. It is the
The prohibition under Section 7, Article XII of the government which operates the public utility
Constitution applies only to ownership of land it (operation separate from ownership).
does not extend to immovable or real property as
defined in Article 415 of the Civil Code To whom granted:
The agreement of co-shareholders to mutually grant 1. Filipino citizens or
the right of first refusal to each other, by itself, does 2. Corporations or associations incorporated in
not constitute a violation of the provisions of the the Philippines and at least 60% of the
Constitution limiting land ownership to Filipinos and capital is owned by Filipino citizens.
Filipino Corporations. If the foreign shareholdings of a
landholding corporation exceeds 40%, it is not the Terms and conditions:
foreign stockholders ownership of the shares which 1. Duration: Not more than 50 years
is adversely affected but the capacity of the 2. Franchise is NOT exclusive in character
corporation to own land that is, the corporation 3. Franchise is granted under the condition that
becomes disqualified to own land. it is subject to amendment, alteration, or
repeal by Congress when the common good
Section 10. NATIONAL ECONOMY AND so requires.
PATRIMONY/INVESTMENTS
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in order to enhance respect for the primacy medical school by requiring the applicants to take the
of human rights. NMAT.
7. RECOMMEND TO CONGRESS EFFECTIVE
MEASURES to promote human rights and to Free Education
provide compensation to victims of human 1. The State shall maintain a system of free
rights violations or their families. education in:
8. MONITOR COMPLIANCE BY THE a. Elementary level, and
GOVERNMENT with international treaty b. High school level.
obligations on human rights. 2. Elementary education is compulsory for all
9. GRANT IMMUNITY FROM PROSECUTION children of school age. However, this is a
to any person whose testimony or whose moral rather than a legal compulsion.
possession of documents or other evidence
is necessary or convenient to determine the Educational Institutions:
truth in any CHR investigation. I. Filipinization
10. REQUEST ASSISTANCE from any 1. Ownership:
department, bureau, office, or agency in the a. Filipino citizens, or
performance of its functions. b. Corporations incorporated in RP and
11. APPOINT ITS OFFICERS and employers in 60% Filipino-owned.
accordance with law. EXCEPT: Schools established by
12. Perform such OTHER FUNCTIONS AND religious groups and mission boards.
DUTIES as may be provided for by law. c. Congress may increase Filipino equity
requirements in ALL educational
ARTICLE XIV - EDUCATION, SCIENCE AND institutions.
TECHNOLOGY, ARTS, CULTURE, AND SPORTS 2. Control and Administration:
a. Must be vested in Filipino citizens
Education b. Refers to line positions, such as
Goals of the State: President, Dean, Principal, and Trustees
The State shall promote and protect: c. Faculty members may be foreigners.
1. The right to quality education at all levels; 3. Student Population:
2. The right to affordable and accessible GENERAL RULE: Cannot establish
education; and school exclusively for aliens. Aliens can only
3. Education that is relevant to the needs of comprise up to 1/3 of total enrollment.
people and society. EXCEPTIONS: Schools established
for foreign diplomatic personnel and their
Right to Education and Academic Freedom dependents, and unless otherwise provided
The right to education must be read in conjunction for by law for other foreign temporary
with the academic freedom of schools to require fair, residents.
reasonable, and equitable admission requirements.
II. Tax Exemptions
Power to Dismiss Students 1. Non-stock, non-profit educational institutions:
1. Schools have the power to dismiss students, a. All revenues and assets actually, directly
after due process, for disciplinary reasons. and exclusively used for educational
2. Acts committed outside the school may also purposes are exempt from taxes and
be a ground for disciplinary action if: duties.
a. It involves violations of school policies b. This is self-executory.
connected to school-sponsored activities; 2. Proprietary educational institutions, including
or QuickTime and a cooperatives:
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b. The misconduct
are needed toaffects the students
see this picture. a. Entitled to exemptions as may be
status, or the good name or reputation of provided by law, including restrictions on
the school. dividends and re-investment
b. Requires an enabling statute
Regulation of Right to Education c. Grants, endowments, donations and
The right to education in particular fields may be contributions actually, directly and
regulated by the State in the exercise of its police exclusively used for educational
power, e.g. the State may limit the right to enter purposes are exempt from taxes, subject
to conditions prescribed by law.
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existence to the Constitution, the courts may Presidential proclamation is NOT required for
determine whether the assembly has acted in effectivity of amendments/revisions, UNLESS the
accordance with the Constitution. proposed amendments/revisions so provide.
3. Examples of justiciable issues:
a. Whether a proposal was approved by the
required number of votes in Congress ARTICLE XVIII - TRANSITORY PROVISIONS
(acting as a constituent assembly).
b. Whether the approved proposals were
properly submitted to the people for Effectivity of the 1987 Constitution
ratification. The 1987 Constitution took effect immediately upon
its ratification.
Proposal of Revisions According to the SC, this took place on February 2,
By Congress, upon a vote of 3/4 of its members 1987, which was the day the
By a constitutional convention
Ratification
Amendments and revisions proposed by
Congress and/or by a ConCon:
Valid when ratified by a MAJORITY of votes
cast in a plebiscite.
Plebiscite is held not earlier than 60 days nor
later than 90 days from the approval of such
amendments or revisions.
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International Law Set of rules and principles that i. State Practice a consistent and
governs the relationships between States and other uniform external conduct of States.
international actors which under Modern International Generally, both what states say and
Law includes International Organizations, what they do are considered state
Transnational Corporations and Individuals. practice.
ii. Opinio Juris - State practice must
Distinction between a subject and object of be accompanied with the conviction
international law that the State is legally obligated to
do so by int'l law, and not through
1. Subject - An entity that has rights and mere courtesy or comity, or
responsibilities under international law; it can because of humanitarian
be a proper party in transactions involving considerations.
the application of international law among
members of the international community. c. General Principles Of Law - Principles
common to most national systems of law;
2. Object - A person or thing in respect of rules based on natural justice. Ex. good
which rights are held and obligations faith, estoppel, exhaustion of local
assumed by the subject; it is not directly remedies
governed by the rules of international law; its
rights are received, and its responsibilities 2. Secondary
imposed, indirectly through the
instrumentality of an international agency. a. Judicial Decisions - a subsidiary means
NOTE: Given the trend in International Law today, for the determination of rules of law (e.g.,
with the birth of the ICC and Arbitration Courts, the determining what rules of customary IL
line between a Subject and Object of International is exist) that is acceptable so long as they
increasingly being blurred. correctly interpret and apply int'l law.
NOTE: Even decisions of national courts, when
Divisions of International Law applying int'l law, are acceptable. Ex. Principles
1. Laws Of Peace- governs the normal on diplomatic immunity have been developed by
relations of States judgments of national courts.
2. Laws Of War - rules during periods of
hostility b. Teachings Of The Most Highly
3. Laws Of Neutrality- rules governing States Qualified Publicists -- The word
not involved in the hostilities 'Publicist' means 'learned writer.' Learned
writings, like judicial decisions, can be
SOURCES OF INTERNATIONAL LAW evidence of customary law, and can also
play a subsidiary role in developing new
Article 38 of the Statute of the International Court rules of law.
of Justice (ICJ).
Requisites for Highly Qualified Publicist
1. Primary 1. Fair and impartial representation of law.
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Generally, a treaty only binds the parties.
However, treaties may be considered a Q: What is 'INSTANT' CUSTOM?
direct source of Int'l law when concluded A: Customary law may emerge even within a
by a sizable no. of States, and is relatively short period of time, if within that period,
reflective of the will of the family of State Practice has been uniform and extensive. It
nations (in which case, a treaty is comes about as a spontaneous activity of a great
evidence of custom). number of states supporting a specific line of action.
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b, Indirect responsibility- Acts of the Ex.: cutting off economic aid (this is lawful
following are attributable to the state: because there is no legal obligation to
i, state organs provide economic aid).
ii, other persons exercising elements of
governmental authority in the absence 2. REPRISAL - an act which would normally be
or default of the official authorities and illegal but which is rendered legal by a prior
in circumstances calling for the illegal act committed by the State against
exercise of those elements of which the reprisal is directed; it is a form of
authority retaliation against the prior illegal act.
iii, insurrectional or other movement 3. Reprisals may be used only when other
which becomes the new government means of redress (e.g. protests and
4. Conditions for the enforcement of the warnings) have failed.
doctrine of state responsibility 4. SEVERANCE (OF DIPLOMATIC
a, The injured alien must first exhaust all RELATIONS)- One country cuts of all
local remedies diplomatic ties with another, as a sign of
b, He must be represented in the int'l Claim protest/hostility.
for damages by his own state (ordinarily, 5. NAVAL BLOCKADE- Blocking the ports of a
individuals have no standing to bring a country with naval forces.
claim before international law). 6. EMBARGO- Preventing the ingress to and
egress from a country of commercial and
SETTLEMENT OF DISPUTES other goods; refusal by a state to undertake
commercial transactions with another state.
AMICABLE METHODS
1. NEGOTIATION- discussion by the parties of SPECIAL TOPICS
their respective claims and counterclaims
with a view to the just and orderly Extradition
adjustment. 1. EXTRADITION is the surrender of a person
2. INQUIRY - an investigation of the points in by one state to another state where he is
question with the view that this will contribute wanted for prosecution or, if already
to the solution of the problem convicted, for punishment.
3. GOOD OFFICES - method by which a 3rd 2. Basis of Extradition: a treaty. Outside of
party attempts to bring the disputing states treaty, there is no rule in international law
together in order that they may be able to compelling a State to extradite anyone. Such
discuss the issues in contention. may be done, however, as a gesture of
4. MEDIATION- 3rd party actively participates comity.
in the discussion in order to reconcile the 3. Principles:
conflicting claims. Suggestions of mediator a. Principle of Specialty - a fugitive who is
are merely persuasive extradited may be tried only for the crime
5. CONCILIATION- 3rd party also actively specified in the request for extradition
participates in order to settle the conflict. and such crime is included in the list of
Suggestions of conciliator are also not extraditable offenses in the treaty.
binding. As distinguished from mediation, b. Under the Political offense exception,
the services of the conciliator were solicited most extradition treaties provide that
by the parties in dispute. political and religious offenders are not
6. ARBITRATION- process by which the subject to extradition.
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solution ofTIFFa(Uncompressed)
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is entrusted to an Attentant Clause- assassination
are needed to see this picture.
impartial tribunal usually created by the of head of state or any member of his
parties themselves under a charter known as family is not regarded as political offense
the compromis. The proceedings are for purposes of extradition. Also for the
essentially judicial and the award is, by crime of genocide.
previous agreement, binding on the parties c. There can only be extradition if there is a
treaty between the states.
HOSTILE/NON-AMICABLE METHODS
1. RETORSION - is a lawful act which is
designed to injure the wrongdoing State.
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4. PROCEDURE FOR EXTRADITION: (Judicial by the Bill of Rights. The process of extradition does
and diplomatic process of request and not involve the determination of the guilt or innocence
surrender) PD 1069 of an accused. His guilt or innocence will be
a. Request through diplomatic adjudged in the court of the state where he will be
representative with: extradited. There is NO deprivation of the right to due
b. DFA forwards request to DOJ process.
c. DOJ files petition for extradition with Dissent (original decision): Under the extradition
RTC, treaty, the prospective extraditee may be
d. RTC issues summons or warrant of provisionally arrested pending the submission of the
arrest to compel the appearance of the request. Because of this possible consequence, the
individual; evaluation process is akin to an administrative
e. hearing (provide counsel de officio if agency conducting an investigative proceeding, and
necessary) partakes of the nature of a criminal investigation.
f. appeal to CA within 10 days whose Thus, the basic due process rights of notice and
decision shall be final and executory; hearing are indispensable.
g. decision forwarded to DFA through the Assuming that the extradition treaty does not
DOJ; allow for such rights, the Constitutional right to
h. Individual placed at the disposal of the procedural due process must override treaty
authorities of requesting state-costs and obligations. When there is a conflict between
expenses t be shouldered by requesting international law obligations and the Constitution, the
state. Constitution must prevail.
HELD: Private respondent is bereft of the right to 1. SECRETARIAT - CHIEF ADMINISTRATIVE ORGAN
notice and hearing during the evaluation stage of the OF THE UN
extradition process. Extradition is a proceeding sui 2. ECONOMIC AND SOCIAL COUNCIL - organ
generis. It is not a criminal proceeding which will call charged with promoting social progress and
into operation all the rights of an accused guaranteed better standards of life in larger freedom
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3. TRUSTEESHIP COUNCIL - organ charged with functions. In the Philippines, immunity is claimed by
administration of Int'l Trusteeship System. request of the foreign state for endorsement by the
4. INTERNATIONAL COURT OF JUSTICE - judicial Department of Foreign Affairs. The determination by
organ of the UN. the executive department is considered a political
question that is conclusive upon Philippine Courts.
Q: What does it mean to decide a case EX 2. Principle of Humanity- prohibits use of any
AEQUO ET BONO? measure that is not absolutely necessary for
A: It is to rule in justice and fairness -- equity purposes of war; and
overrides all other rules of law. The ICJ has no power 3. principle of Chivalry- basis of such rules as
to decide a case ex aequo et bono, unless all parties those that require belligerents to give proper
agree thereto [art. 38(2), ICJ Statute]. warning before launching a bombardment or
prohibit use of perfidy (treachery) in conduct
Q: Who has standing before the ICJ? of hostilities.
A: Only States may be parties in contentious
proceedings before the ICJ (art 34, ICJ Statute). RIGHTS OF PRISONERS OF WAR
1. to be treated humanely;
Outer Space 2. not subject to torture;
1. The exploration and use of outer space, 3. allowed to communicate with their families
including the moon and other celestial 4. receive food, clothing religious articles,
bodies, shall be carried out for the benefit medicine;
and in the interests of all countries, 5. bare minimum of information;
irrespective of their degree of economic or 6. keep personal belongings
scientific development, and shall be the 7. proper burial;
province of all mankind. 8. group according to nationality;
2. Outer space, including the moon and other 9. establishment of an informed bureau;
celestial bodies, shall be free from 10. repatriation for sick and wounded (1949
exploration and use by all States without Geneva Convention)
discrimination of any kind, on a basis of
equality and in accordance with international
law, and there shall be free access to all
areas of celestial bodies.
3. Outer space, including the moon and other
celestial bodies, is not subject to national
appropriation by claim of sovereignty, by
means of use or occupation, or by any other
means.
4. Astronauts are envoys of mankind in outer
space, and states party to the Treaty on the
Exploration and Use of Outer Space shall
render to them all possible assistance in the
event of accident, distress, or emergency
landing on the territory of another State party
or on the high seas. When astronauts make
such a landing, they shall be safely and
promptly returned to the State of registry on
their space vehicle.
WAR
Armed contention between public forces of states or
other belligerent communities implying employment o
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20. Right of a child to protection, a name and Arts. 2- 16 enumerate the Obligations of State-
nationality (art. 24) Parties
21. Right to participation, suffrage, and access to
public service (art. 25) I. Legal Measures (de jure)
22. Right to equal protection before the law (art. 1. embody principle of equality of men and
26) women in the national constitution and other
23. Right of minorities to enjoy their own culture, apprpriate laws (art. 2[a])
to profess and prtactice their religion and to 2. adopt apprpriate legislative and other
use their own language. measures prohibiting all discrimination
against women, which includes legislation to
When can a State Party derogate from the modify, abolish, or repeal discriminatory
ICCPR? laws, regulations, customs, and practices
A state party to the ICCPR may derogate from the (art. 2 [b]. [f] and [g])
treaty in time of oublic emergency which threatens 3. adopt appropriate legislation to ensure full
the life of the nation and the existence of which is development and advancement of women,
officially proclaimed, the States Parties to the present for the purpose of guaranteeing exercise and
Covenant to the extent strictly required by the enjoyment of Human Rights on the basis of
exigencies of the situation, provided that such equality with men (art. 3)
measures are not inconsistent with their obligations 4. adopt appropriate legislation to suppress all
under international law and do not involve forms of traffic in women and exploitation and
discrimination solely on the ground of race, colour, prostitution of women. (Art. 6)
sex, language, religion or social origin. (Art. 4 (1),
ICCPR) II. Administrative Measures (de facto)
1. refrain from any act or practice which is
What are the Non-derogable rights under the discriminatory against women (includes
ICCPR? public authorities and institutions) (art. 2 [d])
Even in times of national emergency, no 2. adopt temporary special measures to
derogation can be made from the following: address de fact inequality of men and women
1. Right to life (art. 6) (art. 4 [1])
2. Freedom from torture or cruel, inhuman or 3. modify the social and cultural patterns of
degrading punishment (art. 7) conduct of men and women to eliminate
3. Freedom from slavery (art. 8) practices based on the idea of inferiority.
4. Freedom from imprisonment for failure to Superiority of either men or women (art. 5
fulfill a contractual obligation (art. 11) [a])
5. Freedom from ex post fact laws (art. 15) 4. educate family as to proper social function of
6. Right of recognition everywhere as a person maternity and common responsibility in
before the law (art. 16) rearing children (art. 5 [b])
7. Freedom of thought, conscience, and religion
(art. 18) What are some Civil and Political Rights under
(Art. 4 (2), ICCPR) CEDAW, which are unique to women?
1. Guarantee of civil and political rights
Convention on the Elimination of All Forms of 2. right to acquire, change, and retain
Discrimination against Women (CEDAW) nationality- not prejudiced by marriage to a
foreigner (art. 9 [1])
What does discrimination against women cover? 3. equal rights with men as regards nationality
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distinction, exclusion, or restriction made of the basis 4. equal rights with men as regards freedom of
of sex which has the effect or purpose or impairing or movement and choice of domicile/ residence
nullifying the recognition, enjoyment or exercise by (art. 15 [4])
women, irrespective or their marital status, on a basis
of equality of men and women, of human rights and What are some Economic, Social and Cultural
fundamental freedoms in the political, economic, Rights under CEDAW which are unique to
social cultural, civil, or any other field. women?
1. Guarantee of Economic, Social and Cultural
What are the State Obligations of State-Parties rights
under CEDAW?
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Those that PERMIT the doing of an act which Kinds of Administrative Regulations
the law undertakes to regulate and would be
unlawful without government approval. DISTINC LEGISLATIVE INTERPRE
Ex. Issuance of licenses to engage in a TIONS TATIVE
particular business 1. Capacity Legislative Judicial
2. DIRECTING powers that
Those that involve the corrective powers of administrati
public utility commissions, powers of ve agency
assessment under the revenue laws, reparations is acting in
under public utility laws, and awards under 2. What It supplements It says
workmens compensation laws, and powers of administrati the statute by what the
abstract determination such as definition- ve agency filling in the statute
valuation, classification and fact finding is doing details means
3. DISPENSING powers 3. Force Legislative Merely
Exemplified by the authority to exempt from or and effect regulations have persuasive/
relax a general prohibition, or authority to relieve the force and Received
from an affirmative duty. Its difference from effect of law by the
licensing power is that dispensing power immediately courts with
sanctions a deviation from a standard. upon going into much
4. SUMMARY powers effect. Such is respect but
Those that apply compulsion or force against accorded by the not
person or property to effectuate a legal purpose courts or by accorded
without a judicial warrant authorizing such express with finality
action; usually without notice and hearing. provision of
Ex. Abatement of nuisance, summary statute.
restraint, levy of property of delinquent
taxpayers
5. EQUITABLE powers
Those that pertain to the power to determine the Requisites of a Valid Administrative
law upon a particular state of facts. It refers to Regulation
the right to, and must, consider and make proper 1. Its promulgation must be authorized by
application of the rules of equity. the legislature.
Ex. Power to appoint a receiver, power to 2. It must be within the scope of the
issue injunctions authority given by the legislature.
3. It must be promulgated in accordance
Definition of INVESTIGATORY POWER with the prescribed procedure.
The power to inspect, secure, or require 4. It must be reasonable.
the disclosure of information by means of
accounts, records, reports, statements and Need for Previous Notice and Hearing
testimony of witnesses. 1. General Rule: Administrative rules of
Administrative agencies do not have the GENERAL application do NOT require
inherent power to require the attendance of previous notice and hearing.
witnesses but has the power to require the
production of books, etc. The exertion if not 2. Exceptions:
expressly provided for by law must be done a. When the legislature itself requires it
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Neither do they have the inherent power shall be based on certain facts as
to punish a person who fails to appear before determined at an appropriate
them for contempt in the absence of any investigation.
statutory provision granting the same. b. And, if the regulation is in effect a
settlement of a controversy between
specific parties, it is considered an
administrative adjudication,
requiring notice and hearing.
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1. This determines the point at which 3. Essential to the protection of the rights
courts may review admin action. asserted from the injury threatened;
2. Application: 4. Officer assumes to act in violation of the
a. when the interest of the plaintiff is Constitution and other laws;
subjected to or imminently 5. Order not reviewable in any other way;
threatened with substantial injury 6. Order made in excess of power
b. if the statute is self-executory
c. when a party is immediately Doctrine of PRIMARY JURISDICTION
confronted with the problem of 1. Courts cannot or will not determine a
complying or violating a statute and controversy, which requires the
there is a risk of criminal penalties expertise, specialized skills and
d. when plaintiff is harmed by the knowledge of the proper administrative
vagueness of the statute bodies because technical matters of
intricate questions of fact are involved.
Questions Reviewable on Judicial Review: 2. Relief must first be obtained in an
1. Questions of FACT administrative proceeding before a
General Rule: Courts will not disturb remedy will be supplied by the court,
the findings of administrative agencies despite the matter is within the proper
acting within the parameters of their own jurisdiction of a court.
competence.
Exception: If such findings are NOT Doctrine of PRIOR RESORT
supported by substantial evidence. When a claim originally cognizable in the courts
By reason of their special knowledge, involves issues, which under a regulatory
expertise, and experience, the courts scheme are within the special competence of an
ordinarily accord respect if not finality to administrative agency, judicial proceedings will
factual findings of administrative tribunals. be suspended pending the referral of these
issues to the administrative body for its view.
2. Questions of LAW NOTE: The doctrines of primary jurisdiction and
Administrative decision may be prior resort have been considered to be
appealed to the courts independently of interchangeable.
legislative permission.
It may be appealed even against Doctrine of EXHAUSTION OF
legislative prohibition because the judiciary ADMINISTRATIVE REMEDIES
cannot be deprived of its inherent power to General Rule: An administrative decision must
review all decisions on questions of law. first be appealed to the administrative superiors
up to the highest level before it may be elevated
Enforcement of admin determinations/ to a court of justice for review.
decisions NOTE: The premature invocation of a courts
Must be in accordance with the manner intervention is fatal to ones cause of action
prescribed by the statute. Or, if there is no Reasons:
provision, resort to the courts is necessary for 1. to enable the administrative superiors to
enforcement. correct the errors committed by their
subordinates.
Doctrine of FINALITY 2. courts should refrain from disturbing the
General Rule: Courts are reluctant to interfere findings of administrative bodies in
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its completion or finality. Absent a final order or powers.
decision, power has not been fully and finally 3. courts should not be saddled with the
exercised, and there can usually be no review of administrative cases.
irreparable harm. 4. judicial review of administrative cases is
Exceptions: usually effected through special civil
1. Interlocutory order affecting the merits of actions which are available only if there is
a controversy; no other plain, speedy and adequate
2. Preserve status quo pending further remedy.
action by the administrative agency;
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government. Under the principle of local as long as they act within the scope of their
autonomy and decentralization, LGUs have authority.
more powers, authority, responsibilities and Under the LGC (25), the President
resources. exercises direct supervision over provinces,
highly urbanized cities and independent
Decentralization component cities. He exercises indirect
It is the devolution of national administration, not supervision over component cities and
power, to the local levels, in which local officials municipalities through the provinces. He also
remain accountable to the central government in exercises indirect supervision over barangays
the manner the law may provide. through the city or municipality concerned.
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lower LGU to issue. Hence, it cannot declare iii. Ordinance directing the payment of
the ordinance invalid on the ground that it is money or creating liability.
unnecessary. (Moday v. CA, Feb. 20, 1997) Veto communicated to sanggunian
within 15 days for province and 10 days
Role of National Government for city or municipality.
The approval of the national government is not
required of local governments to exercise the Review by Higher/Supervising Council
power of eminent domain. 1. The higher council can declare the
ordinance/resolution invalid if it is
Role of Judiciary beyond the scope of the power
1. Can inquire into the legality of the conferred upon the lower Sanggunian.
exercise of the right. 2. For barangay ordinances, the higher
2. Can determine whether there was a council can also rule that it is
genuine necessity inconsistent with law or city/municipal
ordinances.
NOTE: Only cities and municipalities can
reclassify agricultural lands through the proper Corporate Powers ( 22) CODE: S C Re C O
ordinance after conducting public hearings for 1. To have continuous succession in its
the purpose. corporate name
2. To sue and be sued
Grounds for Reclassification 3. To have and use a corporate seal
1. When the land ceases to be 4. To acquire and convey real or personal
economically feasible and sound for property
agricultural purposes as determined by 5. To enter into contracts
the Department of Agriculture. 6. To exercise such other powers as are
2. When the land shall have substantially granted to corporations, subject to
greater economic value for residential, limitations in LGC/other laws.
commercial or industrial purposes as
determined by the Sanggunian Requisites of valid municipal contracts:
concerned. 1. LGU has express, implied or inherent
power to enter into a particular contract;
Taxation 2. Entered into by proper department,
Power to tax of LGUs is now pursuant to direct board, committee, or agent;
authority conferred by the 1987 Constitution. 3. must comply with substantive
Since LGUs have no inherent power to tax, their requirements;
power must yield to a legislative act. 4. must comply with formal requirements;
5. in case entered into by local chief
Legislative Power executive on behalf of LGU, prior
1. Local chief executive (except for punong authorization by Sanggunian concerned
barangay because he is already a is needed
member of the Sangguniang barangay)
has to approve the ordinance enacted Municipal Liability
by the council. Rule: Local Government units and their officials
2. Veto power of local chief executive. ( are not exempt from liability for death or injury to
55) persons or damage to property (Sec 24 R.A.
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i. Ultra vires
ii. Prejudicial to public welfare Doctrine of Implied Municipal Liability
A municipality may become obligated upon an
b. Item veto implied contract to pay the reasonable value of
i. Appropriations ordinance the benefits accepted or appropriated by it as to
ii. Ordinance/resolution adopting local which it has the general power to contract; the
development plan and public doctrine applies to all cases where money or
investment program other property of a party is received under such
circumstances that the general law, independent
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be considered ipso facto resigned from his office 2. Who can impose preventive suspension
upon filing of his certificate of candidacy.
IMPOSED BY: RESPONDENT
Grounds for Disciplinary Actions ( 60) LOCAL OFFICIAL
CODE: DCDCAUAS 1. President Elective official of a
An elective local official may be disciplined, province, highly
suspended or removed from office on any of the urbanized
following grounds: or Independent
1. Disloyalty to the Republic of the component city
Philippines 2. Governor Elective official of a
2. Culpable violation of the Constitution component city or
3. Dishonesty, oppression, misconduct in municipality
office, gross negligence, dereliction of 3. Mayor Elective official of a
duty barangay
4. Commission of any offense involving
moral turpitude or an offense punishable 3. Duration of preventive suspension
by at least prison mayor Single preventive suspension
5. Abuse of authority should not exceed 60 days.
6. Unauthorized absence for 15 If several administrative cases are
consecutive working days, except in the filed against an elective official, he
case of members of the Sanggunian cannot be preventively suspended
panlalawigan, Sangguniang for more than 90 days within a
panlungsod, Sangguniang bayan, single year on the same ground/s
Sangguniang barangay. existing and known at the time of
7. Application for or acquisition of foreign the first suspension.
citizenship or residence or the status of
an immigrant of another country. Suspension
8. Such other grounds as may be provided It should not exceed the unexpired
by the Code/other laws. term of the respondent or a period of 6
months for every administrative offense.
Preventive Suspension ( 63) Penalty is NOT a bar to the candidacy of
1. When can it be imposed the respondent suspended as long as he meets
a. After the issues are joined the qualifications for the office.
b. When the evidence of guilt is strong
c. Given the gravity of the offense, Removal as result of Administrative
there is great probability that the Investigation
continuance in office of the It serves as a BAR to the candidacy of the
respondent could influence the respondent for any elective position.
witnesses or pose a threat to the
safety and integrity of the records Recall ( 69-75)
and other evidence Recall is the power of the electorate (registered
voters) to remove a local elected official for loss
of confidence through the holding of a
special/recall election.
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Two modes of initiating a recall:
1. adoption of a resolution by the
Preparatory Recall Assembly
(composed of local officials of the
lower/supervised local government unit)
2. petition by at least 25% of the registered
voters.
GROUND = Loss of confidence
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Referendum ( 126-127)
It is the legal process whereby the registered
voters of the local government units may
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accordance with a special contract to eligible is without a definite tenure and is dependent
undertake a specific work or job, requiring upon the pleasure of the appointing power.
special or technical skills not available in the
employing agency, to be accomplished within IV. Exceptions from Requirement of Competitive
a specific period, which in no case shall Examinations
exceed one year, and performs or 1. policy-determining charged with laying
accomplishes the specific work or job, under down of principal and fundamental guidelines
his own responsibility with minimum of or rules, such as that of a head of a
direction and supervision from the hiring department.
agency; and
5. Emergency and seasonal personnel. 2. primarily confidential denotes close
intimacy which ensures freedom of
III. Appointments intercourse without embarrassment or
Appointments in the Civil Service may either be: freedom from misgivings or betrayals of
personal trust or confidential matters of state;
1. Permanent issued to a person who meets or one declared to be so by the President
all the requirements for the position to which upon recommendation of the Civil Service
he is being appointed, including the Commission. Their tenure ends upon loss of
appropriate eligibility prescribed, in confidence.
accordance with the provisions of the laws,
rules, and standards promulgated in 3. highly technical requires the appointee to
pursuance thereof. possess technical skill or training in the
supreme or superior degree.
2. Temporary issued in the absence of
appropriate eligibles when necessary in the V. Promotion
public interest to fill a vacancy to a person The movement from one position to another with
who meets all the requirements for the increase in duties and responsibilities as authorized
position to which he is being appointed, by law and usually accompanied by an increase in
except the appropriate civil service eligibility. pay
Temporary appointments shall not exceed 12
months, but the appointee may be replaced Next-in-Rank Rule The person next in rank shall be
sooner if a qualified civil service eligible given preference in promotion when the position
becomes available. immediately above his is vacated. However, the
concept of next-in-rank does not import any
NOTE: Where a temporary appointee acquires civil mandatory or peremptory requirement that the
service eligibility during his tenure as such, his person next in rank must be appointed to the
temporary appointment does not thereby vacancy. The appointing authority has the discretion
automatically become permanent. What is required to fill the vacancy under the next-in-rank rule or by
is a new appointment. (Maturan v. Magalona) any other method authorized by law, e.g., by transfer.
1. expressly conferred upon him by the law 3. Acts of the Government or People
under which he has been appointed or a. Removal
elected; b. Impeachment
2. expressly annexed to the office by the law c. Abolition of Office
which created it or some other law referring d. Conviction of a crime
to it; or e. Recall
3. attached to the office as incidents to it.
OTHER IMPORTANT CONCEPTS
Doctrine of Necessary Implication:
The fact that a particular power has not been 1. HOLD-OVER a public officers term has expired
expressly conferred does not necessarily mean that it or his services terminated but he should continue
is not possessed by the officer claiming it. Such a holding his office until his successor is appointed or
power may still be sustained under the doctrine of chosen and had qualified.
necessary implication pursuant to which all powers
necessary to the exercise of the power expressly 2. NEPOTISM all appointments in the national and
granted are deemed impliedly granted. local governments or any branch or instrumentality
thereof, including government-owned or controlled
Kinds of Duties/Powers: corporations, made in favor of a relative of the
1. Ministerial when it is absolute, certain, and appointing authority; recommending authority; chief
imperative involving merely execution of a of the bureau or office; or person exercising
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designated facts. A duty is ministerial when PROHIBITED.
the law exacting its discharge prescribes and
defines the time, mode, and occasion of its Exceptions to the nepotism rule:
performance with such certainty that nothing 1. persons employed in a confidential capacity
is left for judgment or discretion. It is 2. teachers
susceptible of delegation and can be 3. physicians
compelled by judicial action. 4. members of the AFP
3. COMPENSATION IS NOT INDISPENSABLE TO
2. Discretionary when it requires the A PUBLIC OFFICE.
exercise of reason and discretion in
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4. DIVESTMENT is when a public official is in a Even if a public officer had indeed signed his
conflict-of-interest situation. Such official must resign PDS without bothering to review the same,
from his position in any private business enterprise he cannot escape administrative liability
within 30 days from his assumption of office and/or therefore such an omission is considered
divest himself of his shareholdings or interest within as gross negligence on his part.
60 days from such assumption.
Garcia v Sandiganbayan, 460 SCRA 60 (June 22,
5.OFFICIAL IMMUNITY only protects public officials 2005)
from tort liability for damages arising from
discretionary acts or functions in the performance of Ratio:
their official duties. While at present, it is the Ombudsman who
should file the petition for forfeiture under RA
1379, the Ombudsmans exercise of the
Velasco v. Sandiganbayan, 452 SCRA 593 correlative powers, to investigate and initiate
(February 28, 2005) the proper action for recovery of ill-gotten
and/or unexplained wealth is restricted only
Ratio: to cases for the recovery of ill-gotten and/or
It is not necessary that the officer or unexplained wealth amassed after February
employee who willfully refuses or fails to 25, 1986 as regards such wealth
implement such final resolution be a party to accumulated on or before said date, the
the case. authority to file forfeiture proceedings belong
to the Solicitor General. The Ombudsman
Barriga v. Sandiganbayan, 457 SCRA 301 (April has the authority to investigate cases even
26, 2005) before February 25, 1986, pursuant to the
Ombudsmans general investigatory power
Ratio: under Section 15(1) of RA 6770.
Where the public office of an accused is by
statute a constituent element of the crime Peralta v Desierto*, 473 SCRA 322 (October 19,
charged, there is no need for the Prosecutor 2005)
to state in the Information specific factual
allegations of the intimacy between the office Ratio:
and the crime charged, or that the accused Every public official who signs or initials
committed the crime in performance of his documents in the course of standard
duties. operating procedures does not automatically
become a conspirator in a crime that
Advincula v. Dicen , 458 SCRA 696 (May 16, 2005) transpired at some stage in which the official
had no participation.
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.
It should not be later than 30 days after the RA 7941 Party-List System Act
cessation of the cause of the postponement
or suspension of the election or failure to I. Seeks to promote proportional representation
elect, and
It should be reasonably close to the date of II. Any party already registered need not register
the election not held, suspended, or which anew. File manifestation not later than 90 days
resulted in failure to elect. before election.
Ratio:
QUALIFICATIONS
Elective officials Citizenship Age Literacy Voter Presidency
President/VP Natural-born 40 Read and Write Registered 10 in the Philippines
Senator Natural-born 35 Read and Write Registered 2 in the Philippines
District Reps Natural-born 25 Read and Write Registered in District 1 in District
Party-List Reps* Natural-born 25 Read and Write Registered 1 in Philippines
(if youth sector: 25-30)
Local Officials Citizen *Gov, Vice-Gov, Read and Write Registered in locality 1 in locality
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
ARMM Governor Natural-born 35 Read and Write Registered in ARMM 5 in ARMM
ARMM Legislator Natural-born 21 Read and Write Registered in District 5 in Districts
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places per political party or independent of influencing the results of the election. It shall also
candidate, 12 16), private places and include the use of facilities personally owned by the
public places (allocated equitably and candidate, the money value of the use of which can
impartially) be assessed on the rates prevailing in the area.
d. Rally streamers (3 x 8)
e. Paid advertisements at discounted rates:
f. Print: 1/4th page in broadsheet and Prohibited Contributions:
page in tabloid 3x a week Those made directly or indirectly by any of the
g. TV: 120 mins. for candidate for national following:
office and 60 minutes for local office 1. public or private financial institutions (except
h. Radio: 180 mins. for candidate for loans to a candidate or political party)
national office and 90 minutes for local 2. public utilities or those exploiting natural
office resources of the nation
i. Comelec free space (3 national 3. persons with contracts to supply the
newspapers for national offices and 1 government with goods or services or to
national newspaper for local offices) and perform construction or other works
airtime (3 national television networks for 4. grantees of franchises, incentives,
national offices and 1 station for local exemptions, allocations or similar privileges
offices): equal allocation for all or concessions by the government
candidates for 3 calendar days. 5. persons who, within one year prior to the
date of the election, have been granted loans
3. Authorized Expenses (multiplied with the or other accommodations in excess of
total number of registered voters) P100,000 by the government
a. P 10 for president / vice president 6. educational institutions which have received
b. P 3 for other candidates for every voter grants of public funds not less than P100,000
currently registered in the constituency 7. officials or employees in the Civil Service or
c. P 5 for independent candidates and members of the Armed Forces of the
political parties Philippines; and
8. foreigners and foreign corporations.
Electoral Contributions and Expenditures
CONTRIBUTION (under Sec 94, Omnibus Election Prohibited means of raising of funds (Sec. 97
Code) includes: Omnibus Election Code):
1. a gift,
2. donation, 1. Holding any of the following activities:
3. subscription, a. dances
4. loan, b. lotteries
5. advance or deposit of money or anything of c. cockfights
value, d. games
6. a contract, promise or agreement of e. boxing bouts
contribution, whether or not legally f. bingo
enforceable g. beauty contests
7. use of facilities voluntarily donated by other h. entertainments
persons, the money value of which can be i. cinematographic, theatrical, or other
assessed based on the rates prevailing in the performances
area.
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results of the elections. election campaign or for the support of any
DOES NOT INCLUDE services candidate from the commencement of the
rendered without compensation by election period up to an including election
individuals volunteering a portion or day.
all of their time in behalf of a
candidate or political party. 2. It shall also be unlawful for any person or
organization to solicit and/or accept from any
EXPENDITURE includes the payment or delivery of candidate for public office any gift, food,
money or anything of value, or a contract, promise or transportation, contribution or donation in
agreement to make an expenditure, for the purpose cash or in kind from the commencement of
Page 110 of 125
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ATENEO CENTRAL BAR OPERATIONS 2007
(210) days before the day of elections with consulates and other foreign service
the proper municipal or metropolitan trial establishments concerned are adequate and
court. The petition shall be decided within well-secured.
fifteen (15) days after its filing on the basis of Thereafter, voting by mail in any country shall
the documents submitted in connection be allowed only upon review and approval of
therewith. Should the court fail to render a the Joint Congressional Oversight
decision within the prescribed period, the Committee. (Section 17.1, RA 9189)
ruling of the Election Registration Board shall
be considered affirmed. How will the counting and canvassing of the
votes be done?
If the application has been disapproved, the The counting and canvassing of votes shall
applicant or his authorized representative be conducted on site in the country where
shall, within a period of five (5) days from the votes were actually cast. The opening of
receipt of the notice of disapproval, have the the specially-marked envelopes containing
right to file a petition for inclusion with the the ballots and the counting and canvassing
proper municipal or metropolitan trial court. of votes shall be conducted within the
The petition shall be decided within five (5) premises of the embassies, consulates and
days after its filing on the basis of documents other foreign service establishments or in
submitted in connection therewith. such other places as may be designated by
the Commission pursuant to the
B. For Qualified citizens of the Philippines abroad, Implementing Rules and Regulations. The
who have previously registered as voters pursuant to Commission shall ensure that the start of
Republic Act No. 8189 counting in all polling places abroad shall be
synchronized with the start of counting in the
They shall apply for certification as absentee voters Philippines.
and for inclusion in the National Registry of Overseas The Commission shall constitute as many
Absentee Voters, with a corresponding annotation in Special Boards of Election Inspectors as may
the Certified Voters List. (Section 6 of RA 9189) be necessary to conduct and supervise the
counting of votes.
How shall voting be done? Immediately upon the completion of the
1. The overseas absentee voter shall personally counting, the Special Boards of Election
accomplish his/her ballot at the embassy, Inspectors shall transmit via facsimile and/or
consulate or other foreign service electronic mail the results to the Commission
establishment that has jurisdiction over the in Manila and the accredited major political
country where he/she temporarily resides or parties. (Section 18, RA 9189)
at any polling place designated and
accredited by the Commission. (section 16, Can the canvass of the overseas absentee votes
RA 9189) delay the proclamation of winners?
2. The overseas absentee voter may also vote No. The canvass of votes shall not cause
by mail. (Section 17, RA 9189) the delay of the proclamation of a winning candidate
if the outcome of the election will not be affected by
When may voting by mail be allowed? the results thereof. Notwithstanding the foregoing, the
For the May, 2004 elections, the Commission Commission is empowered to order the proclamation
shall authorize voting by mail in not more of winning candidates despite the fact that the
than three (3) countries, subject to the scheduled election has not taken place in a particular
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Committee. Voting by mail may be allowed in has been rendered impossible by events, factors and
countries that satisfy the following conditions: circumstances peculiar to such country or countries,
Where the mailing system is fairly well- and which events, factors and circumstances are
developed and secure to prevent the beyond the control or influence of the Commission.
occasion of fraud; (Section 18, RA 9189)
Where there exists a technically established
identification system that would preclude
multiple or proxy voting; and,
Where the system of reception and custody
of mailed ballots in the embassies,
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ATENEO CENTRAL BAR OPERATIONS 2007
2. Exclusion/ Inclusion
RA 8189 VOTERS REGISTRATION ACT OF 3. Cancellation of Registration in case of
1996 Death
4. New voters
What kind of registration system do we have? 5. Annulment of Book of Voters
1. Continuing, 6. Transfer of Residence
2. Computerized and
3. Permanent How is challenge to right to register effected?
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OTHER LAWS in ELECTION LAW May the Comelec remove and/or cancel
registration of any entity?
REPUBLIC ACT No. 7941 AN ACT PROVIDING The Comelec may, motu proprio or upon verified
FOR THE ELECTION OF PARTY-LIST complaint of any interested party, remove or cancel
REPRESENTATIVES THROUGH THE PARTY-LIST after due notice and hearing, the registration of any
SYSTEM AND APPROPRIATING FUNDS national, regional or sectoral party, organization or
THEREFOR coalition on any of the following grounds:
How does the party-list system enhance the province in which it is located. No component city
chances or marginalized or underrepresented shall be declared or classified as a highly urbanized
parties of winning seats in the House of city within sixty (60) days prior to a local election. The
Representatives? registered voters of a component city shall be entitled
In the party-list system, no single party may hold to vote in the election for provincial officials of the
more than three (3) party-list seats. Bigger parties province of which it is a part, unless its charter
which traditionally will dominate elections cannot provides otherwise. (Sec. 3)
corner all the seats and crowd out the smaller parties
because of this maximum ceiling. This system shall What is the effect of a disqualification case?
pave the way for smaller parties to also win seats in Any candidate who has been declared by final
the House of Representatives. (3-SEAT LIMIT) judgment to be disqualified shall not be voted for, and
the votes cast for him shall not be counted. If for any
How shall party-list seats be allocated? [See reason a candidate is not declared by final judgment
Veterans Federation Party, et al. vs. Commission before an election to be disqualified and he is voted
on Elections, et al. (G. R. No. 136781, 06 October for and receives the winning number of votes in such
2000)]. election, the Court or Commission shall continue with
Party-list seats shall be allocated as follows: the trial and hearing of the action, inquiry, or protest
and, upon motion of the complainant or any
1. The parties shall be ranked from highest intervenor, may during the pendency thereof order
to lowest based on the number and the suspension of the proclamation of such candidate
percentage of votes garnered during the whenever the evidence of his guilt is strong. (Sec. 6)
elections;
Aside from the prohibited acts and election
2. Only a maximum of three seats may be offenses enumerated in Sections 261 and 262 of
allowed per party. Seats are allocated at the Omnibus Election Code (B. P. Blg. 881, as
the rate of one seat per 2% of votes amended), what are the other ELECTION
obtained; and OFFENSES?
1. Any person who causes the printing of official
3. Unallocated seats shall be distributed ballots and election returns by any printing
among the parties, which have not yet establishment, which is not under contract
obtained the maximum 3 seats, provided with the Commission on Elections and any
they have mustered at least 2% of votes. printing establishment, which undertakes
such unauthorized, printing.
NOTE: The variance of percentage in excess of 2% 2. Any member of the board of election
or 4% (equivalent to 1 or 2 seats that have already inspectors or board of canvassers who
been obtained, respectively) shall be ranked and be tampers, increases, or decreases the votes
the basis for allocating the remaining seats. received by a candidate in any election or
any member of the board who refuses, after
What is the status of the party-list representatives proper verification and hearing, to credit the
vis--vis representatives of legislative districts in correct votes or deduct such tampered votes.
the House of Representatives? 3. Any member of the board of election
Party-list representatives are considered elected inspectors who refuses to issue to duly
Members of the House and as such, entitled to the accredited watchers the certificate of votes
same deliberative rights, salaries, and emoluments provided in Section 16 hereof.
as the regular Members of the House of 4. Any person who violates Section 11 hereof
representatives. They shall serve for a term of three regarding prohibited forms of election
(3) years with a maximum of and
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terms. are needed to see this picture. 5. Any chairman of the board of canvassers
who fails to give notice of meetings to other
REPUBLIC ACT NO. 6646 AN ACT INTRODUCING members of the board, candidate or political
ADDITIONAL REFORMS IN THE ELECTORAL party as required under Section 23 hereof.
SYSTEM AND FOR OTHER PURPOSES. 6. Any person declared a nuisance candidate
as defined under Section 69 of Batas
How should City Voters vote? Pambansa Blg. 881, or is otherwise
The registered voters of a highly urbanized city shall disqualified, by final and executory judgment,
not vote in the election for provincial officials of the who continues to misrepresent himself, or
holds himself out, as a candidate, such as by 2. FOR POLITICAL PARTIES. - Five pesos
continuing to campaign thereafter, and/or (P5.00) for every voter currently registered in
other public officer or private individual, who the constituency or constituencies where it
knowingly induces or abets such has official candidates. (Sec. 13)
misrepresentation, by commission or
omission, shall be guilty of an election Is the Statement of Contributions and
offense and subject to the penalty provided in Expenditures required what is the Effect of
Section 264 of the same Code. (Sec. 27) Failure to File Statement?
Yes. Every candidate and treasurer of the political
REPUBLIC ACT NO. 7166 AN ACT PROVIDING party shall, within thirty (30) days after the day of the
FOR SYNCHRONIZED NATIONAL AND LOCAL election, file in duplicate with the offices of the
ELECTIONS AND FOR ELECTORAL REFORMS, Commission the full, true and itemized statement of
AUTHORIZING APPROPRIATIONS THEREFOR, all contributions and expenditures in connection with
AND FOR OTHER PURPOSES the election.
No person elected to any public offices shall
When may special elections be had? enter upon the duties of his office until he has
In case a permanent vacancy shall occur in the filed the statement of contributions and
Senate or House of Representatives at least one (1) expenditures herein required.
year before the expiration of the term, the The same prohibition shall apply if the
Commission shall call and hold a special election to political party which nominated the winning
fill the vacancy not earlier than sixty (60) days nor candidate fails to file the statement required
longer than ninety (90) days after the occurrence of herein within the period prescribed by this
the vacancy. However, in case of such vacancy in the Act.
Senate, the special election shall be held Except candidates for elective barangay
simultaneously with the succeeding regular election.( office, failure to file the statements or reports
Sec. 4) in connection with electoral contributions and
expenditures are required herein shall
How long is the election and campaign period? constitute an administrative offense for which
Regular elections shall commence ninety (90) days the offenders shall be liable to pay an
before the day of the election and shall end thirty (30) administrative fine ranging from One
days thereafter. The campaign period for President, thousand pesos (P1,000.00) to Thirty
Vice-President and Senators shall be ninety (90) thousand pesos (P30,000.00), in the
days before the day of the election and for Members discretion of the Commission.
of the House of Representatives and elective The fine shall be paid within thirty (30) days
provincial, city and municipal officials, forty-five (45) from receipt of notice of such failure;
days before the day of the election. otherwise, it shall be enforceable by a writ of
Any election campaign or partisan political activity for execution issued by the Commission against
or against any candidate outside of the campaign the properties of the offender. (Sec. 14)
period herein provided is prohibited and shall be
considered as an election offense punishable under Are Pre-proclamation Cases Allowed in Elections
Section 263 and 264 of the Omnibus Election Code. for President Vice-President, Senator, and
Member of the House of Representatives?
How much may a candidate or registered political As a General Rule, no pre-proclamation cases shall
party spend for election campaign? be allowed on matters relating to the preparation,
1. FOR CANDIDATES. - Ten pesos (P10.00) transmission, receipt, custody and appreciation of the
for President and Vice-President; and for election returns or the certificates of canvass, as the
other candidates Three
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every voter currently
are needed registered in the
to see this picture. However, this does not preclude the authority of the
constituency where he filed his certificate of appropriate canvassing body motu propio or upon
candidacy: Provided, That a candidate written complaint of an interested person to correct
without any political party and without manifest errors in the certificate of canvass or
support from any political party may be election returns before it.
allowed to spend Five Pesos (P5.00) for
every such voter; and Are Pre-proclamation Cases Involving Provincial,
City and Municipal Offices allowed? When are
they terminated?