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UP LAW BOC TABLE OF CONTENTS POLITICAL LAW

CONSTITUTIONAL LAW 1 ................................ 4 XIX. Self-Incrimination Clause....................68


I. The Constitution ........................................ 4 XX. Involuntary Servitude and Political
II. General Considerations ............................. 7 Prisoners......................................................69

III. Legislative Department........................... 11 XXI. Excessive Fines and Cruel and Inhuman
Punishments ............................................... 70
IV. Executive Department ........................... 21
XXII. Non-Imprisonment for Debts ............. 70
V. Judicial Department................................ 31
XXIII. Double Jeopardy ................................ 70
VI. Constitutional Commissions .................. 37
XXIV. Ex Post Facto and Bills Of Attainder 70
VII. Citizenship ............................................ 40
ADMINISTRATIVE LAW ................................. 72
VIII. National Economy & Patrimony ......... 43
LOCAL GOVERNMENTS ................................ 76
IX. Social Justice & Human Rights ..............47
I. Public Corporations ................................. 77
X. Education, Science, Technology, Arts,
Culture and Sports ..................................... 48 II. Municipal Corporations .......................... 77

CONSTITUTIONAL LAW 2 ............................. 49 III. Principles of Local Autonomy ................ 79

I. Fundamental Powers of the State .......... 50 IV. Powers of Local Government Units ...... 80

II. Private Acts and the Bill of Rights .......... 51 PUBLIC OFFICIALS ........................................88

III. Due Process ............................................ 51 I. Public Officials .........................................89

IV. Equal Protection.................................... 53 II. Election Law ............................................ 93

V. Searches and Seizures ........................... 53 PUBLIC INTERNATIONAL LAW ................... 100

VI. Privacy of Communications and I. Concepts .................................................. 101


Correspondence ......................................... 55 II. International and National Law ............ 101
VII. Freedom of Expression ........................ 56 III. Sources .................................................. 101
VIII. Freedom of Religion............................ 58 IV. Subjects ................................................ 102
IX. Liberty of Abode and Freedom of V. Diplomatic and Consular Law .............. 103
Movement ................................................... 60 VI. Treaties................................................. 106
X. Right to Information .............................. 60 VII. Nationality and Statelessness ............ 107
XI. Right to Association .............................. 62 VIII. State Responsibility ........................... 108
XII. Eminent Domain .................................. 62 IX. Jurisdiction of States ........................... 108
XIII. Contracts Clause ................................. 64 X. Treatment of Aliens .............................. 109
XIV. Legal Assistance and Free Access to XI. International Human Rights Law ......... 110
Courts.......................................................... 64
XII. International Humanitarian Law and
XV. Rights of Suspects ............................... 65 Neutrality..................................................... 111
XVI. Rights of the Accused ......................... 66 XIII. Law of the Sea..................................... 113
XVII. Writ of Habeas Corpus ........................67 XIV. Madrid Protocol and the Paris
XVIII. Writ of Amparo, Habeas Data and Convention for the Protection of Industrial
Kalikasan .................................................... 68 Property ...................................................... 116

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POLITICAL LAW
CONSTITUTIONAL LAW 1

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I. The Constitution (3) Ut magis valeat quam pereat (interpret as


a whole)

A. DEFINITION, NATURE AND B. PARTS OF THE CONSTITUTION


CONCEPTS (1) Constitution of Government e.g. Art. VI,
A.1. POLITICAL LAW VII, VIII, IX
Deals with organization and operations of (2) Constitution of Sovereigntyi.e. Art. XVII
governmental organs and defines the relations (3) Constitution of Liberty e.g. Art. III
of the State with the inhabitants of its territory.
[People v. Perfecto (1922)] C. AMENDMENTS AND REVISIONS
ART. XVIII AMENDMENTS OR
A.2. CONSTITUTIONAL LAW REVISIONS
The law embodied in the Constitution and the C.1. AMENDMENT
legal principles growing out of the An addition or change within the lines of the
interpretation and application of its provisions original constitution; adds, reduces or deletes
by the courts in specific cases. without altering the basic principles involved;
affects only the specific provision being
A.3. CONSTITUTION DEFINED amended. [Lambino v. COMELEC (2006)]
Document which serves as the fundamental
law of the state; that written instrument C.2. REVISION
enacted by the direct action of the people by A change that alters a basic principle in the
which the fundamental powers of the constitution; alters the substantial entirety of
government are established, limited and the constitution. [Id.]
defined. [Malcolm, Phil. Const. Law]
The 1987 Constitution allows peoples initiative
A.4. CLASSIFICATION OF CONSTITUTIONS only for the purpose of amending, not revising,
(1) Written v. unwritten the Constitution.[Id.]
(2) Enacted (conventional) v. evolved
(cumulative) C.3. TWO-PART TEST
(3) Rigid v. flexible To determine whether amendment or revision:
N.B. The Phil. Constitution is written, enacted (1) Quantitative test: Examines only number of
and rigid. provisions affected, not the degree of the
change.
Date of Effectivity of the 1987 Const.: February (2) Qualitative test: Inquires into the
2, 1987, the date of the plebiscite, and not on qualitative effects of the proposed change
the date its ratification was proclaimed. [De in the constitution, i.e. whether the change
Leon v. Esguerra (1987)] will accomplish such far reaching changes
in the nature of our basic governmental
A.5. BASIC PRINCIPLES OF plan as to amount to a revision. [Id.]
CONSTITUTIONAL INTERPRETATION
(1) Verba legis (give words their ordinary C.4. STEPS IN THE AMENDATORY
meaning) PROCESS
(2) Ratio legis est anima (intent of the (1) Proposal The adoption of the suggested
framers) change in the Constitution.

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(a) Congress (as a Constituent Assembly) amendment ahead of other proposed


a vote of of ALL its members. amendments. [Id.]
(b) Constitutional Convention Called into
existence by (i) 2/3 of all members of Judicial Review of Amendments The validity
Congress OR (ii) the electorate, in a of the process of amendment is not a political
referendum called for by a majority of question because the Court must review if
all members of Congress [CONST., art. constitutional processes were followed; the
XVII, sec. 3] issue is manner not wisdom. [See Lambino]
(c) People (through a Peoples Initiative)-
petition of at least 12% of the total C.5. STEPS IN THE REVISION PROCESS
number of registered voters; every Same as amendments in all respects except
legislative district must be represented that it cannot be proposed via a Peoples
by at least 3% of the registered voters Initiative. [See Lambino, supra]
therein.
(i) Limitation on Initiative: No D. SELF-EXECUTING AND NON-SELF-
amendment in this manner shall
EXECUTING PROVISIONS
be authorized (1) within 5 years
Self-Executing: Provisions which are complete
following the ratification of the
in themselves and do not need enabling
1987 Const. nor (2) more often than
legislation for their operation; judicially
once every 5 years thereafter.
enforceable per se.[Manila Prince Hotel v. GSIS
(ii) Enabling Law: Constitutional
(1997)].
provision on amendments via
Peoples Initiative not self-
General Presumption: All provisions of the
executory [Defensor-Santiago v.
constitution are self-executing. [Id.]
COMELEC, 270 SCRA 170 (1997)]
Exception: Statements of general principles,
such as those in Art. II, are usually not self-
(2) Ratification the proposed amendment
executing.
shall be submitted to the people and shall
be deemed ratified by the majority of the
Non-Self Executing: Provisions which merely
votes cast in a plebiscite, held not earlier
la[y] down a general principle. [Manila Prince,
than 60 days nor later than 90 days:
supra]
(a) After approval of the proposal by
Congress or ConCon;
A provision may be self-executing in one part,
(b) After certification by the COMELEC of
and non-self-executing in another. [Manila
sufficiency of petition of the people.
Prince, supra]
Doctrine of Proper Submission A plebiscite
The legislatures failure to pursue policies do
may be held on the same day as a regular
not give rise to a cause of action. [Espino v.
election [Gonzales v. COMELEC (1967)]. The
Zamora (2010)]
entire Constitution must be submitted for
ratification at one plebiscite only. The people
must have a proper frame of reference.
E. GENERAL PROVISIONS
[Tolentino v. COMELEC (1971)]. No piecemeal ART. XVI GENERAL PROVISIONS
submission, e.g. submission of age (1) Flag of the Philippines [sec. 1]
(a) Red, white and blue, with a sun and

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three stars associations at least 70% of which is


(b) Design of the flag may be changed owned by Filipino citizens
only by constitutional amendment (b) Participation of foreign investors is
[BERNAS] limited to their proportionate share in
(2) Name of the country, national anthem, and the capital
national seal [sec. 2] (c) Managing officers must be Filipino
(a) May be changed by Congress by law citizens
(b) Such law will only take effect upon
ratification by the people in a national
referendum
II. General Considerations
(3) Armed Forces of the Philippines [sec. 4]
(a) Composed of a citizen armed force A. NATIONAL TERRITORY
(b) Shall take an oath or affirmation to
uphold and defend the Constitution A.1. SCOPE: ART. II NATIONAL
[sec. 5(1)] TERRITORY
(c) May not be appointed or designated to Comprises:
a civilian position in the government (1) Philippine archipelago, with all the islands
including GOCCs or their subsidiaries and waters embraced therein.
[sec. 5(4)] Internal waters: waters around, between, and
(d) Laws on retirement of military officers connecting the islands of the archipelago,
shall not allow extension of their regardless of breadth and dimension
service [sec. 5(5)] (2) All other territories over which the
(e) Recruited proportionately from all Philippines has sovereignty or jurisdiction
provinces and cities as far as
practicable [sec.5(6)] Consists of:
(f) Tour of duty of the Chief of Staff shall (1) Territorial sea, seabed, subsoil, insular
not exceed three years [sec. 5(7)] shelves, and other submarine areas
except when extended by the President (2) Terrestrial, fluvial, and aerial domains
in times of war or other national
emergency declared by the Congress Archipelagic Doctrine: A body of water studded
[Id.] with islands, or the islands surrounded with
(4) Police Force [sec. 6] water, is viewed as a unity of islands and
(a) One police force waters together forming one integrated unit.
(b) National in scope [N.B. Embodied in Art. II.]
(c) Civilian in character
(5) Consumer Protection [sec. 9] Straight baseline method consists of drawing
(6) Mass Media [sec.11] straight lines connecting appropriate points on
(a) Ownership and management limited to the coast without departing to any appreciable
(i) citizens of the Philippines or (ii) extent from the general direction of the coast,
corporations, cooperatives or in order to delineate the internal waters from
associations wholly-owned and the territorial waters of an archipelago
managed by Filipino citizens
(7) Advertising Industry [sec. 11] See RA 9522 (2009) amended RA 3046,
(a) Can only be engaged in by (i) Filipino entitled "An Act to Define the Baselines of the
citizens or (ii) corporations or Territorial Sea of the Philippines;" specified

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that baselines of Kalayaan Group of Islands B.3. CONCEPT


and Bajo de Masinloc (Scarborough Shoal) When against the state
shall be determined as Regime of Islands A suit is against the State regardless of who is
under the Republic of the Philippines, named the defendant if:
consistent with the UNCLOS.R.A. No. 9522 is (1) It produces adverse consequences to the
not unconstitutional [Magallona v. public treasury in terms of disbursement of
Ermita(2011)] public funds and loss of government
property.
B. DOCTRINE OF SOVEREIGN (2) Cannot prosper unless the State has given
IMMUNITY its consent.
(STATE IMMUNITY FROM SUIT)
When not against the state
As held, the suit is not against the State:
B.1. STATE
(1) When intended to compel performance of
A community of persons, permanently
a ministerial duty. [Begoso v. PVA (1970)]
occupying a definite portion of territory,
(2) When a public officer sued in his private
independent of external control, and
capacity
possessing a government to which a great
(3) When the action is not in personam with
body of the inhabitants render habitual
the government as the named defendant,
obedience. [Collector of Internal Revenue v.
but an action in rem that does not name
Campos Rueda (1971)]
the government in particular.
B.2. BASIS
B.4. HOW STATES CONSENT IS GIVEN
Constitutional (Textual) Basis: The State may
Express consent
not be sued without its consent. [Const., Art.
Effected only by the will of the legislature
XVI, Sec. 13].
through the medium of a duly enacted statute;
may be embodied either in a general law or a
International Law Basis: Par in parem
special law.
imperium non habet i.e. An equal has no
power over an equal
General Law
Authorizes any person who meets the
Jurisprudential Basis:
conditions stated in the law to sue the
(1) Positivist Theory - There can be no legal
government in accordance with the procedure
right as against the authority that makes
in the law (e.g. Act No. 3083; Civil Code, art.
the laws. Also called the doctrine of Royal
2180(6), 2189)
Prerogative of Dishonesty. [Kawananakoa v.
Polyblank (1907)]
As to the vicarious liability under CC, art.
(2) Sociological Theory - If the State were
2180(6): The Government is only liable for the
suable, all its time would be spent
acts of its agents, officers, and employees
defending itself and this would prevent it
when they act as special agents, i.e. receive a
from its other functions. [Republic vs.
definite and fixed order or commission, foreign
Villasor (1973)]
to the exercise of the duties of his office.
[Merritt v. Govt of the Philippine Islands, (1916)]

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Special Law Exception: Immunity may not be invoked where


Consent may come in the form of a private bill the public official is being sued in his (1) private
authorizing a named individual to bring suit on and personal capacity as an ordinary citizen,
a special claim for (2)acts without authorityor in excess of the
powers vested in him. (Lansang vs CA [2000])
Implied consent [C-PIPE]
(1) When the State enters into a private Note: Acts done without authority are not acts
contract that is not incidental to a govt of the State
function
(2) The State acts in a proprietary function Scope of Consent (Suability v. Liability)
(3) When the govt files a complaint, e.g. Consent to be sued is not concession of
defendant may file a counterclaim against liability:Suability depends on the consent of
it. the state to be sued, and liability on the
(4) When it would be inequitable for the State applicable law and the established
to invoke its immunity. facts.[United States of America v. Guinto
(5) Eminent Domain. In instances when the (1990)]
State takes private property for public use
or purpose. C. PRINCIPLES AND POLICIES
ART. II DECLARATION OF PRINCIPLES
Specific Rules AND STATE POLICIES
Suits against Government Agencies Depends
on whether the agency is incorporated (i.e.
C.1. PRINCIPLES [SEC.1-6]
there is a separate charter) or unincorporated
Binding rules which must be observed in the
(i.e. no separate personality).
conduct of government [Bernas]
(1) The Phil. is a democratic and republican
Synthesis of Rules on Suing Government
state [Sec. 1]
Agencies
The Philippines, under the Const., is not just a
Type Function Rule representative government but also shares
Incorporated Governmental CAN be some aspects of direct democracy such, for
or proprietary sued IF instance, as the initiative and referendum
charter under Art. VI, Sec. 32[Bernas]
allows (2) Renunciation of war [Sec. 2]
Unincorporate Governmental CANNOT be Only refers to wars of aggression, not defensive
d sued unless war
consent is (3) Adoption of generally-accepted principles
given of international law [Sec. 2]
Proprietary CAN be (4) Adherence to a policy of peace, freedom,
sued and amity with all nations [Sec. 2]
(5) Civilian supremacy [Sec. 3]
Suits against Public Officers Immunity
extends to officials of the State for acts Civilian authority (Section 3, Article II) is not
performed by them in the discharge of their defeated in a joint task force between the PNP
duties within the scope of their authority. and Marines for the enforcement of law and
order in Metro Manila as long as control is left
to the PNP. [IBP v. Zamora (2000)]

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(6) Role of the armed forces [Sec. 3] (16) Comprehensive rural development and
(a) Protector of the people and the State agrarian reform [Sec. 21]
(b) Secure the sovereignty of the State and (17) Recognition and promotion of rights of
the integrity of the national territory indigenous cultural communities [Sec. 22]
(7) Compulsory military and civil service [Sec. (18) Community-based, sectoral organizations
4] [Sec.23]
Under conditions provided by law (19) Role of communication and information in
(8) Maintenance of peace and order, nation-building [Sec.24]
promotion of general welfare [Sec. 5] (20) Autonomy of local governments [Sec.
(9) Recognition of a hierarchy of rights 25]
[Bernas] (21) Equal access for public service and
(a) Life prohibition of political dynasties [Sec. 26]
(b) Liberty (22) Honesty and integrity in public service
(c) Property [Sec. 27]
(10) Separation of Church and State [Sec. 6] (23)Policy of full public disclosure [Sec. 28]

C.2. POLICIES [SEC. 7-28] C.3. SEPARATION OF POWERS


Guidelines for the orientation of the state A fundamental principle in our system of
[Bernas] government. Obtains not through express
provision but by actual division in our
(1) Independent foreign policy [Sec. 7] Constitution. Each department of the
(2) Freedom from nuclear weapons [Sec. 8] government has exclusive cognizance of
(3) Promote a just and dynamic social order matters within its jurisdiction, and is supreme
[Sec.9] within its own sphere. [Angara v. Electoral
(4) Promote social justice in all phases of Commission (1936)].
national development [Sec. 10]
(5) Personal dignity and human rights [Sec. 11] Separation of powers is founded on the belief
(6) Family as basic social institution [Sec. 12] that, by establishing equilibrium among the
(7) Vital role of youth in nation-building [Sec. three power holders, harmony will result,
13] power will not be concentrated and thus
(8) Role of women in nation-building [Sec. 14] tyranny will be avoided [Bernas].
(9) Fundamental equality before the law of
women and men [Sec. 14] C.4. CHECKS AND BALANCES
(10) Right to health [Sec. 15] The Constitution did not intend the three
(11) Right to a balanced and healthful ecology powers to be absolutely unrestrained and
[Sec.16, Oposa v. Factoran] independent of each other. It has provided for
(12) Priority to education, science and an elaborate system of checks and balances to
technology, arts, culture, and sports [Sec. secure coordination in the workings of the
17] various departments of the government.
(13) Labor as a primary social economic force [Angara, supra]
[Sec.18]
(14) Self-reliant and independent national Examples
economy [Sec.19] (1) Presidential veto of laws
(15) Role of private sector [Sec. 20] (2) Congressional override of vetoes
(3) Commission on Appointments

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(4) Senate consent to treaties marks its limits, maps out its boundaries
(5) Determination of court jurisdictions via and specifies the public agency to apply it.
legislation [Edu v. Ericta (1970)]
(6) Impeachment
(7) Judicial review N.B. The legislature may leave to another body
the ascertainment of facts necessary to bring
C.5. DELEGATION OF POWERS the law into actual operation. [See Abakada v.
General Rule: Delegata potestas non potest Ermita (2005)]
delegari what has been delegated can no
longer be delegated. D. FORMS OF GOVERNMENT
D.1. DEFINITION
Non-Delegation of Legislative Powers Government corporate governmental entity
General Rule: Only Congress (as a body) may through which the functions of government are
exercise. exercised throughout the Philippines [Rev.
Exceptions: Admin. Code]
(1) Delegated legislative power to local
governments [See Art. IX, Sec. 9] D.2. DE JURE AND DE FACTO
(2) Constitutionally-grafted exceptions GOVERNMENTS
a. Emergency power delegated to the De jure government
Executive during State of War or (1) Has rightful title; but
National Emergency [Art. VI, (2) No power or control [In re Letter of Justice
Sec.23(2)] Puno (1992)]
b. Certain taxing powers of President
[Art. VI, sec.28(2)]. De facto government
Government of fact, that is, it actually exercises
Note: The following are also traditional power or control without legal title. [Co Kim
classified under exceptions, although Cham v. Valdes, (1945)]
Belgica leaves them out of the enumeration
probably for the indicated reasons: The legitimacy of a government installed by
(1) Subordinate legislation by administrative revolution is a political question [Lawyers
agencies [N.B. Not really delegated League v. Aquino (1986)], but the resignation
legislative power] of a president is a justiciable issue [Estrada v.
(2) Power reserved to the people by the Desierto (2001)].
provision on initiative and referendum [N.B.
Not really delegated power]
III. Legislative Department
Tests for Valid Delegation
(1) Completeness test law sets forth the A. WHO MAY EXERCISE LEGISLATIVE
policy to be executed, carried out, or POWER
implemented by the delegate (Abakada, Legislative power is the authority to make laws
infra), such that there is nothing left for the and to alter and repeal them. It is vested in:
delegate to do but to enforce the law (1) The Congress, which consists of a Senate
[Pelaez v.Auditor General (1965)] and a House of Representatives [Art. VI,
(2) Sufficient standard test standard is Sec. 1]
sufficient if it defines legislative policy,

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(2) The people to themselves, by the system of House of


Senate
initiative and referendum [Id.] Representatives
(Art. VI, sec. 2-4)
(Art. VI, sec. 5-8)
Legislative power may also be exercised by: Representatives
(3) Regional/local legislative assemblies (2)Party-List
N.B. A regional assembly exists for the Representatives
ARMM
(4) President, under martial rule or in a District Representatives - Elected from
revolutionary government. [See Const., art. legislative districts apportioned among the
VI, sec. 23(2)]. Congress may delegate provinces, cities, and Metro Manila
legislative powers to the president in times
of war or in other national emergency. Rules on Apportionment of Legislative Districts:
(a) Apportionment of legislative districts must
Congress- Grant of legislative power to be by law.
Congress is plenary. Congress may legislate on (b) Proportional representation based on
any subject matter provided that constitutional population:
limitations are observed. i. City with a pop. of at least
250,000= at least 1 rep.
Initiative and Referendum ii. Province, irrespective of the
The power of the people to directly propose number of inhabitants, =at
and enact laws or approve or reject any act or least 1 rep.
law or part thereof passed by the Congress or (c) Each legislative district shall comprise, as
local legislative body (Art. VI, Sec.32). The far as practicable, contiguous, compact,
constitutional provision is not self-executory and adjacent territory. (N.B. Anti-
[Santiago v. COMELEC (1997)]; gerrymandering provision)
(d) Re-apportionment by Congress within 3
RA 6735 An Act Providing for a System of years after the return of each census.
Initiative and Referendum and Appropriating
Funds Therefore valid for laws, ordinances, Apportionment vs. Reapportionment (Bagabuyo
and resolutions, but NOT amendments to the v. COMELEC [2008])
Constitution [Santiago, supra] Apportionment - The determination of the
number of representatives which a State,
B. HOUSES OF CONGRESS county, or other subdivision may send to a
B.1. COMPOSITION, QUALIFICATIONS legislative body.
AND TERM OF OFFICE Reapportionment - Realignment or change in
House of legislative districts brought about by changes
Senate in population and mandated by the
Representatives
(Art. VI, sec. 2-4) constitutional requirement of equality of
(Art. VI, sec. 5-8)
representation
Composition
24 senators elected at Not more than 250
Party-List Representatives shall constitute
large members, unless
20% of the total number of representatives,
otherwise provided by
elected through a party-list system of
law, consisting of:
registered national, regional, and sectoral
(1) District
parties or organizations

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C.1. PRIVILEGES
B.2. ATONG PAGLAUM GUIDELINES (1) Salaries: Determined by law.
(1) Three different parties or organizations (2) Freedom from Arrest: (1) In all offenses
may participate: (a) national; (b) regional; punishable by not more than six years
or (c) sectoral; imprisonment, and (2) while the Congress
(2) National and regional parties or orgs do is in session. [Sec. 11, Art VI].
not need to (a) organize along sectoral (3) Speech and Debate Clause: No Member
lines or (b) represent any marginalized or shall be questioned nor be held liable in
underrepresented sector; any other place for any speech or debate in
(3) Political parties may participate provided the Congress or in any committee thereof.
they (a) register under the party-list
system; (b) do not field candidates in C.2. DISQUALIFICATIONS
legislative district elections. (1) Incompatible Office: May not hold any
a. A party that participates in the other office or employment in the
legislative district elections may government during his term without
still participate in the party-list forfeiting his seat [Art. VI, Sec. 13].
through a sectoral wing. Forfeiture is automatic. [Adaza v.
b. The sectoral wing can be part of Pacana (1985)].
the political partys coalition, but a. Compare with an ineligible
the former must be registered office in Art. XI-B, Sec. 7
independently in the party-list (2) Forbidden Office: May not be
system. appointed to any office created or the
(4) Sectoral parties or orgs may either be (a) emoluments thereof were increased
marginalized or underrepresented (e.g. during the term for which he was
labor, peasant, fisherfolk); or (b) lacking in elected. [Art. VI, Sec. 13]. He cannot
well-defined political constituencies (e.g. validly take the office even if he is
professionals, women, elderly, youth) willing to give up his seat.
(5) The nominees of sectoral parties or orgs, of (3) (3)Cannot personally appear as
either type, must (a) belong to their counsel before any court, electoral
respective sectors, or (b) have a track tribunal, quasi-judicial and
record of advocacy for their respective administrative bodies during his term
sectors. Majority of the members of a of office. [Art. VI, Sec. 14. See also
sectoral party, of either type, must belong Puyat v De Guzman (1982)]
to the sector they represent. (4) Shall not be financially interested,
(6) National, regional, or sectoral parties or directly or indirectly, in any contract
orgs shall not be disqualified if some of with, or franchise or special privilege
their nominees are disqualified, provided granted by the government during his
they have at least one (1) nominee who term of office. [Art. VI, Sec. 14]
remains qualified. (5) Shall not intervene in any matter
before any office of the government
C. LEGISLATIVE PRIVILEGES, when it is for his pecuniary benefit or
INHIBITIONS AND where he may be called upon to act on
account of his office. [Art. VI, Sec. 14]
DISQUALIFICATIONS
C.1. DUTY TO DISCLOSE

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(1) SALN: a declaration under oath of assets, Members who are outside the country are not
liabilities, and net worth [see Art. XI, Sec. included. [See Avelino v. Cuenco (1949)]
17]
(2) Financial and business interests: Members D.2. VOTING MAJORITIES
must make full disclosure upon Doctrine of Shifting Majority For each House
assumption of office [Art. VI, Sec. 12] of Congress to pass a bill, only the votes of the
majority of those present in the session, there
D. QUORUM AND VOTING being a quorum, are required.
MAJORITIES
D.1. QUORUM Exceptions to Doctrine of Shifting Majority:
Majority of each House shall constitute a (1) Votes where requirement is based on ALL
quorum. THE MEMBERS OF CONGRESS
BUT a smaller number may adjourn from day requirement is based on the entire composition
to day and may compel the attendance of of a house or Congress (in its entirety),
absent members. regardless of the number of Members present
Majority refers to the number of members or absent
within the jurisdiction of the Congress.

Vote Required (out of all


Action Houses voting Basis
members)
Override presidential veto 2/3 Separately Art. VI, sec.
27(1)
Grant of tax exemptions Majority (Silent) Art. VI, sec.
27(4)
Elect President in case of tie Majority Separately Art. VII, sec. 4,
par. 5
Confirm appointment of VP Majority Separately Art. VII, sec. 9
Revoke or extend (a) Martial Majority Jointly Art. VII, sec. 18
Law or (b) suspension of writ of
Habeas Corpus
Confirm amnesty grant Majority (Silent) Art. VII, sec.
19, par. 2
Submit question of Const. Majority (Silent) Art. XVII, sec.
Convention 3
Call for Const. Convention 2/3 Prevailing view: by Art. XVII, sec.
default, houses vote 3
Propose amendments as 3/4 separately (because Art. XVII, sec.
Const. Assembly Congress is bicameral) 1(1)

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(2) Other Special Cases

Action Vote Required (out of all members) Basis


Determine Presidents 2/3 of both Houses, voting separately Art. VII, sec. 11, par.
disability 5
Declaring a State of War 2/3 (of both Houses, in joint session), each House Art. VI, sec. 23(1)
voting separately

Electoral Tribunals Commission on


E. DISCIPLINE OF MEMBERS (one for each house) Appointments
Each house may punish its members for Composition
disorderly behavior, and with the concurrence 3 SC justices (chosen Senate President
of 2/3 of ALL its members, through either: by CJ) 12 senators
[SEDFIC] 6 members of the 12 members of the
(1) Suspension (shall not exceed 60 days); or house HOR
(2) Expulsion Presiding Officer
Senior associate Senate President as
Other disciplinary measures: justice in the ET ex-officio chairman;
(1) Deletion of unparliamentary remarks from does not vote except
the record in case of tie.
(2) Fine
Change in Composition
(3) Imprisonment
Members enjoy Houses have
(4) Censure
security of tenure, to authority to change
preserve the its representation in
F. ELECTORAL TRIBUNALS AND THE independence of the the CA to reflect
COMMISSION ON APPOINTMENTS ET [Bondoc v. Pineda permanent changes
(1991)] in political
F.1. NATURE alignments [Daza v.
Membership based on proportional Singson (1989)]
representation
Both are organized within 30 days F.2. POWERS
after the houses are organized, i.e. with
the election of the Speaker and Senate (Congressional) Electoral Tribunals [Art. VI,
President Sec. 17]
Independent constitutional bodies, (1) Senate Electoral Tribunal (SET)
despite being congressional bodies, (2) House Electoral Tribunal (HRET)
they are independent of each house; in
the case of ETs, they are expected to Jurisdiction: sole judge of all contests
function as non-partisan courts. relating to the election, returns, and
Congress/courts may not interfere with qualifications of their respective members.
procedural matters relating to their When acquired: When there is an election
respective functions. contest, and only after proclamation.
[Lazatin v. HRET (1988)].

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Election Contest one where a defeated Jurisdiction


candidate challenges the qualification and (1) CA shall confirm the appointments by the
claims for himself the seat of a proclaimed President with respect to certain positions;
winner. [See Lazatin, supra] see notes on Executive
(2) Congress cannot by law require that the
The proclamation of a congressional candidate appointment of a person to an office
following the election divests the COMELEC of created by such law shall be subject to CA
jurisdiction over [] the proclaimed confirmation.
representative in favor of the HRET. [Taada v.
COMELEC, G.R. No. 207199, Oct. 22, 2013] Ad Interim Appointments
Appointments extended by the President to
But see Ongsiako-Reyes v. COMELEC, G.R. No. the above-mentioned positions while Congress
207264, 25 June 2013, where the Court held is not in session shall only be effective:
thatET acquires jurisdiction only after (1) a (1) Until disapproval by the CA; OR
petition is filed before it, and (2) a candidate is (2) Until the next adjournment of Congress.
considered a member of the House. To be
considered a member, there must be a G. POWERS OF CONGRESS
concurrence of the following: (1) a valid G.1. INHERENT POWERS
proclamation; (2) a proper oath (a) before the (1)Police Power
Speaker and (b) in open session; and (3) (2) Power of Taxation
assumption of office. (3) Power of Eminent Domain
(4) Contempt power
Judicial Review of Decisions of Electoral
Tribunals G.2. LEGISLATIVE POWERS
With the Supreme Court, and only insofar as (1) Powers of appropriation,
the decision/ or resolution was rendered: (2) Taxation
(1) Without or in excess of jurisdiction; or (3) Expropriation
(2) With grave abuse of discretion tantamount (4) Authority to make, frame, enact,
to denial of due process. amend, repeal laws
(5) Ancillary powers (e.g. conduct inquiry
Commission on Appointments (CA) and punish for contempt [See Arnault v.
(Art. VI, Sec. 18) Nazareno (1950)]

The CA shall rule by a majority vote of all its i. Non-Legislative Powers (Scope)
members. (1) Power to canvass the presidential elections;
It is NOT mandatory to elect 12 Senators to the (2) Declare the existence of war;
Commission. [Guingona v. Gonzales (1993)]. (3) Give concurrence to treaties and amnesties;
(4) Propose constitutional amendments;
Meetings (5) Impeachment;
(1) CA shall meet only while Congress is in
session. ii. Specific Powers
(2) Meetings are held either (a) at the call of (1) Constituent power
the Chairman or (b) by a majority of all its (2) Legislative Inquiries
members. (3) Appropriation
(4) Taxation

16
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(5)Concurrence in treaties and international (1) Scrutiny: Passive inquiry. Congress may
agreements request information and report from
(6) War powers and delegations powers other branches, and give
recommendations for consideration of
iii. Legislative Inquiries and the Oversight the agency. (e.g. budget hearings)
Functions (Art VI, Sec. 21) (2) Congressional investigation: More
intense digging of facts. (e.g.
Requisites of Legislative Inquiries: [PAR] legislative inquiries)
(1) Must be in aid of legislation (3) Legislative supervision (Legislative
(2) In accordance with duly published rules of Veto): Most encompassing. Allows
procedure Congress to scrutinize the exercise of
(3) Right of persons appearing in or affected by delegated law-making authority, retain
such inquiries shall be respected part of that delegated authority, and
supervise executive agencies. N.B. NOT
Comparison between Legislative Inquiries and allowed under the Constitution.
Question Hour [See also Senate v. Ermita [Abakada Guro Partylist v. Purisima
(2006)] (2008)]
Legislative Inquiries Question Hour
Constitutional Provision Bicameral Conference Committee
Ways of passing bills:
Art. VI, Sec. 21 Art. VI, Sec. 22
(1) Jointly: in a joint session, supra
Topic (2) Separately: each house takes up bill on its
In aid of legislation On any matter own; the houses, in turn, can pass the bill
pertaining to the (a) simultaneously or (b) sequentially:
subjects department
Persons Subjected Bicameral Conference Committee (BCC):
Any person upon Heads of (1) Equal number of members from each
subpoena departments only house
Appearance of Exec. Officials (2) Makes recommendations to houses on how
Appearance of Appearance of to reconcile conflicting provisions/versions
executive officials executive officials via (3) Usually granted blanket authority to
generally mandatory request reconcile the bills.
(4) At the end of the process, the BCC comes
Mere filing of a criminal/administrative up with a Conference Committee Report,
complaint before a court or quasi-judicial body which is then submitted to the respective
should not automatically bar the conduct of chambers for approval. Upon approval, the
legislative inquiry. [Standard Chartered Bank v. bill may be engrossed.
Senate Committee on Banks (2007)]
BCC report need not pass through three
Additional limitation: Executive Privilege(refer readings; may also include entirely new
to discussion on executive privilege / provisions and substitutions. [Tolentino, supra;
presidential privilege, infra) Phil. Judges Association v. Prado (1993)]

Enrolled bill doctrine The signing of a bill by


Categories of congressional oversight functions the Speaker and the Senate President and the

17
UP LAW BOC CONSTITUTIONAL LAW 1 POLITICAL LAW

certification by the secretaries of both Houses Limitations on Revenue, Appropriations and


of Congress that it was passed are conclusive Tariff Measures
of its due enactment.[But see Tolentino v. Sec.
of Finance: enrolled bill not a conclusive Appropriations
presumption.] General Limitations:
(A) Appropriations must be for a public
iii. Limitations on Legislative Power purpose.
Formal/Procedural Limitations (B) Cannot appropriate public funds or
Art. VI prescribes manner of passing and form property, directly or indirectly, in favor of
of bills (1) Any sect, church, denomination, or
(a) Rider clause: only one subject which sectarian institution or system of
shall be expressed in the title. [Sec. religion or
26(1)] (2) Any priest, preacher, minister, or other
(b) No bill passed by either house shall religious teacher or dignitary as such.
become law unless it passed 3 Exception: if the priest etc. is assigned to:
readings on separate days. [Sec. 26(2)] (1) the Armed Forces;
(c) Printed copies in its final form have (2) any penal institution;
been distributed to its members 3 days (3) government orphanage;
before the passage. [Sec. 26(2)] (4) leprosarium
(C) Government not prohibited from
Exception: President certifies to the necessity appropriating money for a valid secular
of immediate enactment to meet public purpose, even if it incidentally benefits a
calamity or emergency. Dispenses with: (1) religion. Temporary use of public property for
printing requirement and (2) readings on religious purposes is valid.
separate days requirement. [Tolentino, supra.]
Specific Limitations
Substantive Limitations For General Appropriations Bills
Circumscribe both the exercise of the power (1) Congress may not increase the
itself and the allowable subject of legislation appropriations recommended by the
President in the budget.
Express limitations: (2) Form, content and manner of preparation
(1) On general powers - Bill of Rights [Art. III] of the budget shall be prescribed by law.
(2) On taxation Secs. 28 and 29(3), Art. VII (3) No provision or enactment shall be
(3) On appropriation Secs. 25 and 29(1)(2) embraced in the general appropriations
(4) On appellate jurisdiction of the SC Sec. bill unless it relates specifically to some
30, Art. VI particular appropriation therein.
(5) No title of royalty or nobility [Sec. 31, Art. (4) Procedure in approving appropriations
VI] FOR CONGRESS shall strictly follow the
procedure for approving appropriations for
Implied Limitations: other departments.
(1) No power to pass irrepealable law (5) No law shall be passed authorizing any
(2) Non-encroachment on powers of other transfer of appropriations. However, the
departments following may, BY LAW, be authorized to
(3) Non-delegation of powers AUGMENT any item in the general

18
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appropriations law for their respective Nature of provision


offices, FROM SAVINGS in other items: Sec. 28 is a listing of the limits on the inherent
a. President and otherwise unlimited power
b. Senate President
c. Speaker of the HOR Limitations
d. Chief Justice of the Supreme Court (1) Public purpose-Power to tax should be
e. Chairs of Constitutional exercised only for a public purpose.
Commissions (2) Uniform and equitable.
a. Operates with the same force and
Guidelines for disbursement of discretionary effect in every place where the
funds appropriated for particular officials: subject of it is found
(1) For public purposes b. Classification for the purpose of
(2) To be supported by appropriate vouchers taxation is not prohibited per se,
(3) Subject to such guidelines as may be BUT it must comply with the Test
prescribed by law of Valid Classification [See Ormoc
Sugar Central v. Ormoc City (1968),
If Congress fails to pass the general on equal protection]
appropriations bill by the end of any fiscal year:
(1) The general appropriations bill for the Progressive
previous year is deemed reenacted The rate increases as the tax base increases.
(2) It shall remain in force and effect until Progressive taxation is a directive to Congress
the general appropriations bill is and is not a judicially enforceable right
passed by Congress. [Tolentino v. Secretary of Finance, supra]

For Special Appropriations Bills Constitutional Tax Exemptions:


(1) Shall specify the purpose for which it is (1) Religious, charitable, educational
intended institutions and their properties
(2) Shall be supported by funds (2) Revenues and assets of non-stock, non-
(i) Actually available as certified by Natl. profit educational institutions, PROVIDED
Treasurer; or that such revenues and assets are actually,
(ii) To be raised by revenue proposal directly and exclusively used for
therein. educational purposes [Art. XIV, Sec. 4(3)]
(3) Grants, endowments, donations or
Limitation on Use of Public Funds [Art. VI, Sec. contributions used actually, directly and
29] exclusively for educational purposes [Art.
(1) No money shall be paid out of the National XIV, sec. 4(4)]
Treasury except in pursuance of an
appropriation made by law. Special Funds
(2) BUT rule does not prohibit continuing (1) Money from tax levied for a special
appropriations, e.g. for debt servicing, purpose shall be paid out for such purpose
since this rule does not require yearly or only.
annual appropriation. (2) Once the special purpose is fulfilled or
abandoned, any balance shall be
transferred to the general govt. funds
TAXATION [ART. VI, SEC. 28] Presidential Veto and Congressional Override

19
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Submission to the President; Presidents Veto Since it is an invalid provision under Art. VI, Sec.
power 25(2), the President may veto a rider as an item.
[Sec 27, Art VI] The executive's veto power does not carry with
In order to become a law, President must sign it the power to strike out conditions or
bill. restrictions.[Bolinao Electronics Corp v. Valencia
If he does not approve, he shall veto and return (1964)]
it with his objections to the house from which it
originated. House shall enter objections in the Doctrine of Inappropriate Provisions a
journal. provision that is constitutionally inappropriate
for an appropriation bill may be singled out for
Veto must be communicated within 30 days veto even if it is not an appropriation item.
from the date of receipt thereof. Otherwise, the [Gonzales v. Macaraig, (1990)]
bill shall become a law as if he signed
it.(Lapsed into law) G.3. NON-LEGISLATIVE
Informing Function
To override the veto, at least 2/3 of ALL the Via legislative inquiries: intended to benefit not
members of each house must agree to pass the only Congress but also the citizenry. [Sabio v.
bill. In such case, the veto is overridden and Gordon (2006)]
becomes a law.
Impeachment [Const., Art. XI]
General Rule: Partial veto is invalid; all-or- The HOR shall have the exclusive power to
nothing initiate all cases of impeachment. [sec. 3(1)]
Exceptions:
(1) Item veto in an appropriation, revenue, or Two modes of initiation:
tariff bill;
(2) Doctrine of Inappropriate Provisions (See Regular Procedure: [Sec. 3(2)(3)]
below)
FILING by (a) any member of the HOR or (b)
any citizen upon endorsement by a member
Item veto of the HOR; followed by REFERRAL to the
President may veto particular items
proper HOR committee
appropriation, revenue or tariff bills. The whole
item (and not just a portion) must be vetoed.
[Bengzon v. Drilon (1992)]
COMMITTEE REPORT by proper committee
Item - in itself, a specific appropriation of (i.e. HOR Committee on Justice), which either
money, not some general provision of law, favorably or unfavorably resolves the
which happens to be in an appropriation bill. complaint
The president cannot veto unavoidable
obligations, i.e. already vested by another law
(e.g. payment of pensions, see Bengzon, supra).
Above resolution AFFIRMED (if favorable) or
OVERRIDDEN (if unfavorable) by vote of 1/3
Veto of a Rider
of all the members of the HOR
Rider provision which does not relate to a
particular appropriation stated in the bill.
Verified complaint or resolution [Sec. 3(4)]

20
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FILED by 1/3 of all the members of the HOR;


trial by Senate forthwith proceeds. A. PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS
Notes on Initiation: [See Gutierrez v. HOR
A.1. PRIVILEGES
Committee on Justice (February 15, 2011 and
March 8, 2011)]
Presidential Immunity(from Suit)
The President cannot be sued, enjoying as he
Basic limitation: No impeachment proceeding
does immunity from suit, but the validity of his
shall be initiated against the same official
acts can be tested by an action against other
more than once within a period of one year [Art.
executive officials. [Carillo vs. Marcos (1981)]
XI, Sec. 2[5)]
May be invoked or waived ONLY by the
Initiation means filing coupled with referral to
President.[Soliven v. Makasiar (1988); Beltran v.
the Committee on Justice.
Makasiar (1988)]
What constitutes an impeachable offense is a
BUT presidential decisions may be questioned
purely political question.
before the courts where there is grave abuse of
discretion or that the President acted without
On motion to inhibit: Impeachment is a
or in excess of jurisdiction. [Gloria v. Court of
political exercise. The Court cannot apply (to
Appeals (2000)]
Congressmen) the stringent stands it asks of
justices and judges when it comes to inhibition
Immunity co-extensive with tenure and covers
from hearing cases.
only official duties.[Estrada v. Desierto (2001)]
Const. requirement that HOR shall promulgate
its rules on impeachment does not need to
Cannot be invoked by a non-sitting
conform with publication requirement in
president.[Saez vs. Macapagal-Arroyo (2012),
Taada v. Tuvera.
on an Amparo petition.]
Exception: Suit not arising from official conduct.
The SENATE shall have the sole power to try
[See Estrada v. Desierto, supra]
and decide all cases of impeachment. (sec.
3[6])
Presidential Privilege
N.B. Case law uses the term presidential
By virtue of the expanded judicial review, the
privilege to refer to either (1) immunity from
Courts power of judicial review extends over
suit or (2) executive privilege; latter discussed
justiciable issues in impeachment. [See
here.
Francisco v. HOR (2003)]
Definition: The power to withhold information
BUT the question of whether or not Senate
from the public, the courts, and the Congress.
Impeachment Rules were followed IS a
[Schwart]
political question. [Corona v. Senate (2012)]

2 Kinds of Executive Privilege in Neri v. Senate


(2008)
IV. Executive Department

21
UP LAW BOC CONSTITUTIONAL LAW 1 POLITICAL LAW

(1) Presidential Communications Privilege (2) Operational proximity: authored, solicited,


(President): communications are and received by the President or his close
presumptively privileged; rationale is advisor;
president must be given freedom to (3) No adequate need: information sought
explore alternatives in policy-making. does not contain important evidence, and
(2) Deliberative Process Privilege (Executive is available elsewhere [Neri v. Senate
Officials): refer to materials that comprise (2008)]
part of a process by which governmental
decisions and policies are formulated. This Prohibitions
includes diplomatic processes. [See Prohibited Acts
Akbayan v. Aquino (2008)] (1) Shall not receive any other emoluments.
(2) Unless otherwise provided in the
Scope: State secrets regarding military, constitution, shall not hold any other office
diplomatic and other national security matters. or employment.Does not apply to ex-officio
Closed-door Cabinet meetings are also a positions without additional compensation.
recognized limitation on the right to (3) Shall not directly or indirectly practice any
information. other profession, participate in any
business, or be financially interested in any
N.B.: Executive privilege attaches to the contract with; or in any franchise or special
information and not the person.(Senate v. privilege granted by the government or any
Ermita, supra). subdivision, agency, or instrumentality
thereof, including GOCCs and their
Synthesis of Jurisprudential doctrines subsidiaries.
Requisites for invoking presidential privilege: (4) Avoid conflict of interest in their official
(1) Formal claim of privilege: Only the functions.
President or the Executive Secretary(by (5) May not appoint spouse or relatives by
authority of the President) can invoke the consanguinity or affinity within the fourth
privilege; civil degree as members of Constitutional
(2) Specificity requirement: Claim requires a Commissions, Office of the Ombudsman,
specific designation and description of the Secretaries, Under Secretaries, Chairmen,
documents within its scope as well as or heads of bureaus or offices, including
precise and certain reasons for preserving GOCCs and their subsidiaries.
confidentiality. [Senate v. Ermita, supra]
Who are covered by the prohibitions?
Once properly invoked, a presumption arises (1) President
that it is privileged. [Neri v. Senate (2008)] (2) Vice-President,
(3) The members of the Cabinet, and their
Requisites for validity of claim: deputies or assistants
(1) Quintessential and non-delegable
presidential power: power subject of the Exceptions to rule prohibiting executive officials
legislative inquiry must be expressly from holding additional positions:
granted by the Constitution to the
President; President
(1) The President can assume a Cabinet post,
(because the departments are mere

22
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extensions of his personality, according to (3) Power of Supervision


the Doctrine of Qualified Political Agency) (4) Power of Appointment
(2) The President can assume ex officio (5) Power over Legislation
positions. e.g. The President is the a. Veto Power
Chairman of NEDA. [Art. XII, sec. 9] b. Power to Declare Emergency
c. Integrative Power: powers shared
Vice-President with legislative (e.g. legislation
May be appointed member of the cabinet, during times of emergency)
without need of confirmation [Art. VII, Sec. 3] (6) Commander-in-Chief Powers
a. Call Out Power
Cabinet (and their deputies and assistants) b. Suspension of Writ of Habeas
General Rule: A Cabinet member may hold Corpus
another office if: c. Martial Law
(1) Necessitated by primary functions of (7) Diplomatic Powers: including power to
his position or allowed by law; and enter treaties
(2) Authorized by the Constitution. [Civil (8) Residual Power
Liberties Union v. Executive Secretary (9) Other Powers
(1989)] a. Power to Pardon [Art. VII, Sec.
19(1)]
Specific exemption: The Secretary of Justice b. Power to Grant Amnesty
shall be an ex-officio member of the Judicial c. Borrowing Power [Art. VII, Sec. 20]
and Bar Council. [Art. VIII, Sec. 8(1)] d. Budgetary Power [Art. VII, Sec. 22]
e. Informing Power: address
B. POWERS Congress during opening, or at any
B.1. EXECUTIVE AND ADMINISTRATIVE other time [Art. VII, Sec. 23]
POWERS IN GENERAL
B.2. POWER OF APPOINTMENT
Executive power Definition: The selection, by the authority
The power to enforce, implement, and vested with the power, of an individual who is
administer laws. The president shall ensure to exercise the functions of a given office.
that the laws be faithfully executed.[Art. VII, Essentially a discretionary power, the only
Sec. 17] condition being that the appointee should
possess the minimum qualification
One Executive: This power is exercised by the requirements.
President.[Art. VII, Sec. 1]
Classification of Power of Appointment:
As administrative head of the government, the There are 4 groups of officers whom the
President is vested with the power to execute, President may appoint:
administer and carry out laws into practical (1) Heads of the Executive Dept.,
operation. [National Electrification Commission ambassadors, other public ministers and
vs. CA (1997)] consuls, officers of the armed forces from
the rank of colonel or naval captain and
Presidential Powers (Summary) other officers whose appointments are
(1) Executive Power vested in him;
(2) Power of Control

23
UP LAW BOC CONSTITUTIONAL LAW 1 POLITICAL LAW

(2) All other officers of the government whose assumption or re-assumption of office.
appointments are not otherwise provided [Art. VII, Sec. 14]
by law; (2) Midnight appointments ban:
(3) Those whom the President may be President/Acting President shall not
authorized to appoint; make appointments two months
(4) Officers lower in rank whose appointments immediately before the next
Congress may by law vest in the President presidential elections and up to the
alone. end of his term. (Does not extend to
appointments in the Judiciary; see De
Kinds of Appointments: Castro v. JBC)

Regular appointment Exception:


(1) Made by the President while Congress Temporary appointments to executive
is in session positions when continued vacancies therein
(2) Takes effect only after confirmation by will prejudice public service or endanger public
the CA safety. [Art. VII, Sec. 15]
(3) Once approved, continues until the end
of the term of the appointee. Commission on Appointments Confirmation

Ad-interim appointment When confirmation is required


(1) Made while Congress is not in session (1) Heads of the executive departments
(2) Takes effect immediately, BUT ceases to be (2) Ambassadors, other public ministers and
valid (1) if disapproved by the CA or (2) consuls
upon the next adjournment of Congress. (3) Officers of the AFP (rank of colonel or
[Art. VII, Sec. 16, par. 2] naval captain)
(3) Ad interim appointments to the (4) Other officers whose appointments are
Constitutional Commission are permanent vested in the President by the Constitution:
appointments. [Matibag v. Benipayo a. Chairman and Commissioners of the
(2002)] Constitutional Commissions (Art. IX)
b. Regular members of the Judicial and
Acting/Temporary appointment Bar Council (Art. VII, Sec. 8[2])
(1) Can be withdrawn or revoked at the c. Sectoral Congressional reps.(Art. XVIII,
pleasure of the appointing power. No Sec 7) (N.B. no longer in force)
security of tenure.
(2) No need for CA confirmation, even if When confirmation is not required:
Congress in session. (1) When the President appoints other officers
(3) Limitation: President prohibited from whose appointments are not otherwise
making such appointments to the provided for by law;
Constitutional Commissions (in order to (2) Those officers whom he may be authorized
preserve the latters independence). by law to appoint(e.g. Commission on
Human Rights);
Limitations on appointing power of the ACTING (3) When Congresscreates inferior offices but
PRES. omits to provide for appointment thereto,
(1) Effective unless revoked by the elected or provides in an unconstitutional manner
President within ninety days from his

24
UP LAW BOC CONSTITUTIONAL LAW 1 POLITICAL LAW

for such appointments(See Sarmiento v. Power of Removal


Mison) General Principle -The power of removal may
(4) Appointment of the Vice-President as be implied from the power of appointment.
member of the Cabinet [Art. VII, sec. 3]
(5) Appointments upon recommendation of Exception: The President cannot remove
the Judicial and Bar Council. officials appointed by him where the
(6) Appointments solely by the President. Constitution prescribes certain methods for
separation of such officers from public service,
Appointments Upon Recommendation of the e.g. Chairmen and Commissioners of
Judicial and Bar Council Do not require CA Constitutional Commissioners who can be
confirmation removed only by impeachment, or judges who
(1) Members of the Supreme Court and all are subject to the disciplinary authority of the
other courts. [Art. VII, Sec. 9] For lower Supreme Court.
courts, appointment shall be issued within
90 days from submission of the list Career Civil Service members of the career
(2) Ombudsman and his 5 deputies (for Luzon, civil service of who are appointed by the
Visayas, Mindanao, general and military) President may be directly disciplined by him
[Art. XI, Sec. 9] [Villaluz v. Zaldivar (1965)]

Midnight Appointments Serve at the pleasure of the president Cabinet


General Rule: Two months immediately before members and officers whose continuity in
the next presidential elections (2nd Monday of office depends upon the pleasure of the
March), and up to the end of his "term" (June president may be replaced at any time. Legally,
30), a President (or Acting President) shall not separation is effected by expiration of their
make appointments. (Art. VII, Sec. 15) term.

Exception: Temporary appointments to B.3. POWER OF CONTROL AND


executive positions, when continued vacancies SUPERVISION
will: (1) prejudice public service; or (2)
endanger public safety. They should be made Control
in the capacity of a "caretaker," [Aytona v. Is the power of an officer to alter or modify or
Castillo (1962)] nullify or to set aside what a subordinate has
done in the performance of his duties and to
Limited to Executive Department The substitute one's own judgment to that of a
prohibition against midnight appointment subordinate. (Mondano v. Silvosa [1955])
applies only to positions in the executive
department. [De Castro v. JBC (2010)] Doctrine of Qualified Political Agency
(Alter Ego Principle)
Applies only to President - Ban does not extend All the different executive and administrative
to appointments made by local elective organizations are mere adjuncts of the
officials. There is no law that prohibits local Executive Department. Acts of former are
elective officials from making appointments presumptively acts of the president.
during the last days of his or her tenure. (De
Rama v. CA (2001)]

25
UP LAW BOC CONSTITUTIONAL LAW 1 POLITICAL LAW

Executive Departments and Offices Outside explicit constitutional limitations, the


General Rule: The President acts through the commander-in-chief clause vests on the
multifarious administrative and executive President absolute authority over the persons
departments. and actions of the members of the armed
forces. Such authority includes the ability of
Exceptions: (1) in cases wherein the Chief the President to restrict the travel, movement
Executive is required by the Constitution or by and speech of military officers, which may
the law to act in person; or (2) exigencies otherwise be sanctioned under civilian law. The
demand that he act personally. ability of the President to require a military
official to secure prior consent before
Generally, power to abolish a public office is appearing before Congress pertains to this
legislative. BUT, as far as bureaus, offices, or power. [Gudani v. Senga (2006)].
agencies of the executive dept. are concerned,
power of control may justify him toinactivate Call out the AFP to prevent lawless violence
functions of a particular office. (See Buklod ng This is merely a police measure meant to quell
Kawaning EIIB v. Zamora (2001), where the disorder. Constitution does not regulate its
President effectively abolished the Economic exercise radically.
Intelligence Bureau by deactivating it,
transferring its functions to other agencies.) State of Rebellion
The President, in declaring a state of rebellion
General Supervision over local government and in calling out the armed forces, was merely
units and the autonomous regions exercising a wedding of her Chief Executive
The President shall exercise general and Commander-in-Chief powers. These are
supervision over local governments.[Art. X, Sec. purely executive powers, as opposed to the
4] delegated legislative powers contemplated by
Section 23 (2), Article VI. (Sanlakas v. Executive
The President shall exercise general Secretary [2004])
supervision over autonomous regions to ensure
that laws are faithfully executed. [Art. X, Sec. Exercise of Emergency Powers
16] While the President could validly declare the
existence of a state of national emergency
B.4. MILITARY POWERS even in the absence of a Congressional
Commander-in-chief powers Graduated enactment, the exercise of emergency powers
powers: (e.g. taking over of privately-owned public
(1) Call out such armed forces to prevent or utility or business affected with public
suppress lawless violence, invasion or interest)requires a delegation from Congress
rebellion. which is the repository of emergency
(2) Suspend the privilege of the writ of habeas powers.(David v. Arroyo [2006])
corpus, or
(3) Proclaim martial law over entire Phil./any Suspend the privilege of the writ of habeas
part thereof. corpus

The President shall be the Commander-in- "Privilege of the writ"


chief of all armed forces of the Philippines Portion of the writ of habeas corpus requiring
the detaining officer to show cause why he

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UP LAW BOC CONSTITUTIONAL LAW 1 POLITICAL LAW

should not be tested. Note that it is the B.5. PARDONING POWER


privilege that is suspended, not the writ itself. Nature of Pardoning Power
Power to reprieve, commute, pardon, remit
The requisites for the suspension are: fines and forfeitures after final judgment [Art.
(1) There must be an invasion or rebellion, and VII, Sec. 19(1)]
(2) The public safety requires the suspension.
Application of Pardoning Powers to Admin.
Effects of the suspension of the privilege: Cases
(1) The suspension applies only to persons Executive clemency in admin. cases is valid,
"judicially charged" for rebellion or but is limited to admin. cases in the Executive
offenses inherent in or directly connected Branch.
with invasion [Art. VII, Sec. 18(5)]
(2) During the suspension, any person thus Forms of executive clemencies
arrested or detained shall be judicially (1) Reprieves - temporary relief from or
charged within 3 days, or otherwise postponement of execution of criminal
released. [Art. VII, Sec. 18(6)]The effect penalty, or stay of execution.
therefore is only to extend the periods (2) Commutations - Reduction of sentence;
during which he can be detained without a remission of a part of the punishment.
warrant. (3) Amnesty - A sovereign act of oblivion for
(3) The right to bail shall not be impaired. [Art. past acts. Requires concurrence of majority
III, Sec. 13] of all members of Congress [Art. VII, Sec.
19].
Proclaim Martial Law (4) Pardons - Permanent cancellation of
The Requisites in proclaiming Martial Law are: sentence. It is a remission of guilt, a
(1) There must be an invasion or rebellion, and forgiveness of the offense. May be plenary
(2) Public safety requires the proclamation of or partial, absolute or unconditional.
martial law all over the Philippines or any
part thereof. Limitations on PARDON (1) Cannot be
granted on impeachment cases.(art. VII, sec.
The following cannot be done[Art. VII, Sec. 18]: 19).(2) Cannot be granted in cases of violation
(1) Suspend the operation of the Constitution. of election laws without the favorable
(2) Supplant the functioning of the civil courts recommendation of the COMELEC. (art. IX-C,
and the legislative assemblies. sec. 5).(3) Can be granted only after conviction
(3) [Open Court doctrine]/ Confer jurisdiction by final judgment (People v. Salle, 250 SCRA
upon military courts and agencies over 581) (4) Cannot absolve the convict of civil
civilians, where civil courts are able to liability. (5) Cannot be granted to cases of
function. legislative contempt or civil contempt.(6)
(4) Automatically suspend the privilege of the Cannot restore public offices forfeited, even if
writ of habeas corpus. [President must pardon restores the eligibility for said offices.
suspend expressly.] [Monsanto v. Factoran (1989)]

N.B. Congress and the Supreme Court are


assigned certain duties by the Const. in order
to check the exercise of commander-in-chief
powers. See Political Law Reviewer.

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Pardon Amnesty
Infractions of peace of Addressed to Political Executive Agreements
the state Offenses International agreements involving
Granted to individuals To classes of persons adjustments in detail carrying out well-
established national policies and traditions
Exercised solely by Requires concurrence
and those involving a more or less temporary
the executive of Congress
character. Distinction between an executive
Private act which Public act which the
agreement and a treaty is purely a
must be pleaded and courts could take
constitutional one and has no international
proved judicial notice
legal significance. President may enter without
Looks forward and Looks backward and
need of Senate concurrence.
relieves the pardonee puts into oblivion the
of the consequences offense itself.
Deportation of undesirable aliens
of the offense
President may deport only according to
Extended after final May be extended at
grounds under law, otherwise, it would be
judgment any stage
unreasonable and undemocratic. [Qua Chee
Gan v. Deportation Board (1963)]
(5) Remit fines and forfeitures, after conviction
by final judgment
2 ways of deporting an undesirable alien.(1)
By order of the President after due
Exceptions: When executive clemency cannot
investigation, pursuant to sec. 69 of the
be extended:
Revised Administrative Code; (2) by the
(1) In cases of impeachment
Commissioner of Immigration under section 37
(2) As otherwise provided in the Constitution
of the immigration Law [Qua Chee Gan, supra]
(e.g. for election offenses- No pardon,
amnesty, parole or suspension of sentence
B.7. POWERS RELATIVE TO
shall be granted by the President without
favorable recommendation of the APPROPRIATION MEASURES
COMELEC. [Art. IX, sec. 5])
Contracting and guaranteeing foreign loans
B.6. DIPLOMATIC POWER Requisites for contracting and guaranteeing
foreign loans:
Scope of Diplomatic Power - The President,
(1) With the concurrence of the Monetary
being the head of state, is regarded as the sole
Board [Art. VII, Sec. 20]; read: not
organ and authority in external relations and is
Congress.
the countrys sole representative with foreign
(2) Subject to limitations by law. [Art. XII, Sec.
nations.
2]
(3) Information on foreign loans obtained or
Treaty-making power
guaranteed shall be made available to the
No treaty or international agreement shall be
public [Art. XII, Sec. 2]
valid and effective unless concurred in by at
least two-thirds of all the members of the
Prepare and Submit the Budget
Senate. [Art. VII, sec. 21]
The President shall submit to Congress within
thirty days from the opening of every regular
Note: The President RATIFIES a treaty (not the
session, as the basis of the general
Senate); the Senate merely CONCURS. [Bayan
appropriations bill, a budget of expenditures
v. Exec. Sec.]

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and sources of financing, including receipts (1) When President acts under the
from existing and proposed revenue measures. Commander-in-Chief clause, he acts under
[Art. VII, Sec. 22] a constitutional grant of military power,
which may include the law-making power.
Fixing of tariff rates [Sec 28, Art VI] (2) When President acts under emergency
Congress may, by law, authorize the President powers, he acts under a Congressional
to fix: delegation of law-making power.
(1) Tariff rates
(2) Import and export quotas B.9. VETO POWER
(3) Tonnage and wharfage dues General rule: All bills must be approved by the
(4) Other duties or imposts within the President before they become law
framework of the national development
program of the Government. Exceptions: A bill becomes law despite lack of
approval:
B.8. DELEGATED POWERS (1) The veto of the President is overridden by
Principle: The President, under martial rule or 2/3 vote of all the members of the House
in a revolutionary government, may exercise where it originated;
delegated legislative powers. [See Art. VI, Sec. (2) The bill lapsed into law;
23(2)] Congress may delegate legislative (3) The bill passed is the special law to elect
powers to the president in times of war or in the President and Vice-President.
other national emergency. (Bernas)
B.10. RESIDUAL POWERS
Emergency powers The President has unstated residual powers,
In times of war or other national emergency, which are implied from the grant of executive
Congress, may authorize the President to power necessary for her to comply with her
exercise powers necessary and proper to carry Constitutional duties, such as to safeguard and
out a declared national policy. [See Art. VI, Sec. protect the general welfare. It includes powers
23 for restrictions] N.B. President can declare unrelated to the execution of any provision of
a state of national emergency but cannot law. [See Marcos v. Manglapus (1988)]
confer on himself emergency powers without
Congress. [See David v. Arroyo (2006)] B.11. EXECUTIVE PRIVILEGE
See discussion under Presidential Privilege.
Different from the Commander-in-Chief clause:

29
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C. RULES ON SUCCESSION
C.1. PRESIDENT
Death or permanent Vice-President-elect shall
disability of the President- become President
elect
President-elect fails to Vice-President-elect shall
qualify act as President until the
President-elect shall have
qualified
Vacancy President shall not have Vice-President-elect shall
at the been chosen act as President until a
Beginning President shall have been
of the chosen and qualified.
term No President and Vice- SenatePresident or, incase In the event of inability of
President chosen nor shall of his inability,Speaker of the SP and Speaker,
have qualified, or both shall the House of Congress shall, by law,
have died or become Representatives, shall act provide for the manner in
permanently disabled as President until a which one who is to act as
President or a Vice- President shall be selected
President shall have been until a President or Vice-
chosen and qualified. President shall have
qualified.
Death, permanent Vice-President shall
disability, removal from become President
office, or resignation of the
President
Death, permanent Senate President or, in case Congress, by law, shall
Vacancy
disability, removal from of his inability, the Speaker provide for the manner in
during
office, or resignation of of the House of which one is to act as
the term
President ANDVice- Representatives, shall act President in the event of
President as President until a inability of the SP and
President or Vice-President Speaker.
shall be elected and
qualified.
When President transmits Such powers and duties
to the Senate President and shall be discharged by the
the Speaker of the House Vice-President as Acting
his written declaration that President, until the
he is unable to discharge President transmits to them
the powers and duties of his a written declaration to the
office contrary
When a Majority of all the The Vice-President shall
members of the Cabinet immediately assume the
transmit to the Senate powers and duties of the
President and the Speaker office as Acting President
their written declaration until the President
that the President is unable transmits to the Senate
Temporary to discharge the powers President and Speaker his
disability and duties of his office written declaration that no
30
UP LAW BOC CONSTITUTIONAL LAW 1 POLITICAL LAW
inability exists.
If after the President Congress determines by a Congress shall convene, if
transmits his declaration of 2/3 vote of both houses, not in session, within 48
his ability to discharge his voting separately, that the hours. And if within 10 days
office, and a majority of President is unable to from receipt of the last
members of the Cabinet discharge the powers and written declaration or, if not
transmit within 5 days to duties of his office, the Vice- in session, within 12 days
the Senate President and President shall act as after it is required to
Speaker their written President; otherwise, the assemble.
declaration that the President shall continue
President is unable to exercising the powers and
discharge the powers and duties of his office
duties of his office,
Congress shall decide the
issue.

C.2. VICE-PRESIDENT A.2. JUDICIAL REVIEW


The President shall nominate a Vice-President Judicial Power Judicial Review
from among the members of the Senate and the Where vested
House of Representatives who shall assume
Supreme Court Supreme Court
office upon confirmation by a majority vote of all
Lower courts Lower courts
the members of both houses of Congress voting
Definition
separately. [Art. VII, Sec. 9]
See above Power of the courts
to test the validity of
V. Judicial Department N.B. The second executive and
clause effectively limits legislative acts in
A. CONCEPTS the doctrine of light of their
political question. conformity with the
A.1. JUDICIAL POWER SECTION 1,
Constitution
ARTICLE VIII
[Angara v. Electoral
Commission (1936)]
Judicial power includes the duty of the courts of
Requisites for exercise
justice to:
(1) Settle actual controversies involving rights Jurisdiction power to (1) Actual case or
which are legally demandable and decide and hear a case controversy
enforceable, and and execute a decision (2) Locus Standi
(2) Determine whether or not there has been a thereof (3) Question raised
grave abuse of discretion amounting to lack at the earliest
or excess of jurisdiction on the part of any opportunity
branch or instrumentality of the (4)Lis mota of the
Government. case

Essential Requisites for Judicial Review


i. Actual case or controversy
A genuine conflict of legal rights and interests
which can be resolved through judicial
determination. [John Hay v. Lim, (2003)].
Precludes courts from entertaining (1) requests
for advisory opinion; and (2) moot and academic
questions.
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Ripeness of the controversy-The issue must be


ii. Locus standi raised not too early that it is conjectural or
A proper party is one who has sustained or is in anticipatory, nor too late that it becomes moot.
imminent danger of sustaining a direct injury as
a result of the act complained of [IBP v. Zamora Exception - Courts will still rule if
(2000)]. The alleged injury must also be (1) There is a grave violation of the
capable of being redressed by a favorable Constitution;
judgment (Tolentino v. COMELEC [2004]). May (2) The exceptional character of the
be brushed aside by the court as a mere situation and the paramount public interest is
procedural technicality in view of involved;
transcendental importance of the issues (3) When constitutional issue raised
involved [Kilosbayan v. Guingona (1994)] requires formulation of controlling principles to
guide the bench, the bar, and the public; or
iii. Const. question raised at earliest possible (4) The case is capable of repetition yet
opportunity evading review.
The exceptions are: (a) in criminal cases, at
the discretion of the court; (b) in civil cases, if Political Question Doctrine
necessary for the determination of the case Refers to: (1) matters to be exercised by the
itself; and (c) when the jurisdiction of the court people in their primary political capacity; or (2)
is involved. N.B.The reckoning point is the first those specifically delegated to some other
competent court.The question must be raised at department or particular office of the
the first court with judicial review powers, i.e. government, with discretionary power to act. It
not NLRC. [See Serrano v. Gallant Maritime is concerned with issues dependent upon the
Services (2009)] wisdom, not legality, of a particular measure.
[Taada v. Cuenco (1957)]
iv. Lis Mota
Decision on the constitutional question must be B. SAFEGUARDS OF JUDICIAL
determinative of the case itself. INDEPENDENCE
(1) The SC is a constitutional body. It cannot be
Operative Fact Doctrine abolished nor may its membership or the
General Rule: The interpretation (or declaration) manner of its meetings be changed by mere
of unconstitutionality is retroactive, i.e. from the legislation. [Art. VIII, Sec. 4]
laws effectivity (2) The members of the judiciary are not
subject to confirmation by the CA.
Exception: (3) The members of the SC may not be removed
OPERATIVE FACT DOCTRINE Subsequent except by impeachment. [Art. IX, Sec. 2]
declaration of unconstitutionality does not (4) The SC may not be deprived of its minimum
nullify all acts exercised in line with [the original and appellate jurisdiction as
law].The past cannot always be erased by a new prescribed in Art. X, Sec. 5 of the
judicial declaration. [Municipality of Malabang v. Constitution. [Art. VIII, Sec. 2]
Benito (1969), citing Chicot County] (5) The appellate jurisdiction of the SC may not
be increased by law without its advice and
concurrence. [Art. VI, Sec. 30; Fabian v.
Moot Questions Desierto (1988)]

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(6) The SC has administrative supervision over (2) Lack of judicially discoverable and
all lower courts and their personnel. (art. manageable standards for resolving it
VIII, sec. 6.) (3) The impossibility of deciding without an
(7) The SC has exclusive power to discipline initial policy determination of a kind clearly
judges of lower courts. [Art. VIII, Sec. 11] for non-judicial discretion
(8) The members of the SC and all lower courts (4) Impossibility of a courts undertaking
have security of tenure, which cannot be independent resolution without expressing
undermined by a law reorganizing the lack of the respect due coordinate branches
judiciary. [Id.] of government
(9) Members of the judiciary shall not be (5) An unusual need for unquestioning
designated to any agency performing quasi- adherence to a political decision already
judicial or administrative functions. [Art. made
VIII, Sec. 12] (6) Potentiality of embarrassment from
(10) The salaries of judges may not be reduced multifarious pronouncements by various
during their continuance in office. [Art. VIII, departments on one question
Sec. 10] D. APPOINTMENTS TO THE
(11) The judiciary shall enjoy fiscal autonomy[Art. JUDICIARY
VIII, Sec. 3], i.e.guarantee of full flexibility to
D.1. SYNTHESIS OF CONSTITUTIONAL
allocate and utilize their resources with the
AND STATUTORY QUALIFICATIONS
wisdom and dispatch that their needs
Justices of SC and RTC Judge MTC/ MCTC
require.
Collegiate Courts (B.P. 129, Judge (B.P.
(12) The SC alone may promulgate rules of court.
(Const.) Sec. 15) 129, Sec. 26)
[Art. VIII, Sec. 5(5)]
(13) Only the SC may order the temporary detail Citizenship
of judges.[Art. VIII, Sec. 5(3)] Natural-born Filipino
(14) The SC can appoint all officials and Age
employees of the judiciary.[Art. VIII, Sec. At least 40 years At least 35 At least 30
5(6)] old years old years old
Experience
C. JUDICIAL RESTRAINT 15 years or more Has been engaged for at
The judiciary will not interfere with co-equal as a judge or a least 5 years in the practice
branches when: lower court or of law* in the PHLor has
(1) There is no showing of grave abuse of has been held public office in the
discretion engaged in the PHL requiring admission to
(2) The issue is a political question. Even when practice of law in the practice of law as an
all requisites for review have been met, judicial the PHL for the indispensable requisite
review will not be exercised when the issue same period
involves a political question. Tenure
Hold office during good behavior until they
Guidelines for determining whether a question is
reach the age of 70 or
political or not:[Baker v. Carr (369 U.S. 186), as
become incapacitated to discharge their duties
cited in Estrada v. Desierto (2001)]:
Character
(1) There is a textually demonstrable
constitutional commitment of the issue to a Person of proven competence, integrity, probity
political department and independence

33
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D.3. PROCEDURE OF APPOINTMENT


*Practice of law is not confined to litigation. It The JBC shall submit a list of at least three
means any activity in and out of court, which nominees for every vacancy to the President.
requires the application of law, legal procedure, [Art. VIII, Sec. 9]
knowledge, training and experience. [Cayetano
v. Monsod (1991)]
Any vacancy in the Supreme Court shall be
Note: In the case of judges of the lower courts, filed within ninety (90) days from the
the Congress may prescribe other qualifications. occurrence thereof.
(Art.VIII, Sec. 7[3]).
For lower courts, the President shall issue
D.2. JUDICIAL AND BAR COUNCIL the appointment within ninety (90) days
Composition from the submission by the JBC of such list.
Ex-officio members (art. VIII, sec. 8[1]) [Id.]
(1) Chief Justice as ex-officio Chairman
(2) Secretary of Justice
(3) One representative of Congress E. THE SUPREME COURT
E.1. COMPOSITION OF THE SUPREME
Regular members (Art. VIII, Sec. 8[1]) COURT
(4) Representative of the Integrated Bar (1) Chief Justice and 14 Associate Justices
(5) Professor of Law (2) May sit en banc or divisions of 3, 5, or 7
(6) Retired member of the SC members
(7) Representative of private sector
E.2. EN BANC AND DIVISION CASES
Only ONE representative from Congress The En banccases decided with the concurrence of
framers intended JBC to be composed of 7 a majority of the members who actually took
members only. Intent is for each co-equal part in the deliberations and voted.
branch of govt to have one rep. But the SC not
in a position to say who should sit. [Chavez v. Instances when the SC sits en banc:
JBC (2012)] (A) Those involving the Constitutionality,
application, or operation of: [TOIL-PIPO-R]
Regular members [Art. VIII, Sec. 8(2)] - The a. Treaty
regular members shall be appointed by the b. Orders
President with the consent of the Commission c. International or executive
on Appointments. The term of the regular agreement
members is 4 years. d. Law
e. Presidential decrees
Primary function: Recommend appointees to f. Instructions
the judiciary, May exercise such other functions g. Proclamations
and duties as the SC may assign to it. [Art. VIII, h. Ordinances
Sec. 8(5)] i. Regulations
(B) Exercise of the power to discipline judges of
lower courts, or order their dismissal [Sec.
11].Discipline of judges can be done by a
division, BUT en banc decides cases for

34
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dismissal, disbarment, suspension for more (5) Promulgate rules concerning the protection
than 1 year, or fine of more than P10,000. and enforcement of constitutional rights,
[People v. Gacott (1995)] pleading, practice, and procedure in all courts,
(C) Division cases or matters where the the admission to the practice of law, the
required number of votes to decide or integrated bar, and legal assistance to the
resolve is not met [Sec. 4(3)] under-privileged. [Art. VIII, Sec. 5]
(D) Modifying or reversing a doctrine or
principle of law laid down by the court en Limitations:
banc or in division [Sec. 4(3)] (1) Shall provide a simplified and
(E) Actions instituted by citizen to test the inexpensive procedure for speedy disposition of
validity of a proclamation of martial law or cases
suspension of the privilege of the writ of (2) Uniform for all courts in the same grade
habeas corpus[Sec. 18] (3) Shall not diminish, increase or modify
(F) When sitting as Presidential Electoral substantive rights
Tribunal [Sec. 4(7)]
(G) All other cases which under the Rules of E.4. ADMINISTRATIVE SUPERVISION
Court are required to be heard by the SC en OVER LOWER COURTS
banc. [Art. VIII, Sec. 4(2)] Administrative Powers of the Supreme Court
(1) Assign temporarily judges of
Requirement and Procedures in Divisions lower courts to other stations as
(A) Cases decided with concurrence of majority public interest may require;
of members who actually took part in the (2) Order a change of venue or place of trial to
deliberations and voted. avoid a miscarriage of justice;
(B) In no case without the concurrence of at (3) Appoint all officials and employees of the
least three. Judiciary in accordance with the Civil Service
(C) When required number is not obtained, the Law;
case shall be decided en banc. (4) Supervise all courts and the personnel
a. Cases v. Matters. Only cases are thereof;
referred to en banc for decision when (5) Discipline judges of lower courts, or order
required votes are not obtained. their dismissal.
b. Cases are of first instance; matters are
those after the first instance, e.g. MRs E.5. ORIGINAL AND APPELLATE
and post-decision motions. JURISDICTION
c. Failure to resolve a motion because of a Original Jurisdiction [Art. VIII, Sec. 5[1]]
tie does not leave case undecided. MR is (1) Cases affecting ambassadors, other public
merely lost. [See Fortrich v. Corona ministers and consuls
(1999)] (2) Petition for certiorari
(3) Petition for prohibition
The SC En Banc is not an appellate court vis-- (4) Petition for mandamus
vis its Divisions. [Firestone Ceramics v. CA, (5) Petition for quo warranto
(2001)] (6) Petition for habeas corpus

E.3. PROCEDURAL RULE MAKING Appellate Jurisdiction [Art. VIII, Sec. 5(2)]
The Supreme Court shall have the following (1) Cases involving the constitutionality or
powers: xxx validity of any treaty, international or

35
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executive agreement, law, presidential (1) Court actions such as the result of the raffle
decree, proclamation, order, instruction, of cases and the actions taken by the Court
ordinance, or regulation on each case included in the agenda of the
(2) Cases involving the legality of any tax, Courts session on acts done material to
impost, assessment, or toll, or any related pending cases; except where a party litigant
penalty requests information on the result of the
(3) Cases where the jurisdiction of any lower raffle of the case, per Internal Rules of the
court is in issue Supreme Court (IRSC);
(4) Criminal cases where the penalty imposed (2) Court deliberations or the deliberations of
is reclusion perpetua or higher. the members in court sessions on pending
(5) Cases where only a question of law is cases and matters.
involved. (3) Court records which are pre-decisional
and deliberative in nature; in particular,
F. JUDICIAL PRIVILEGE documents and other communications
See SC Resolution dated February 14, 2012, In which are part of or related to the
Re: Production of Court Records and deliberative process, e.g., notes, drafts,
Documents and the Attendance of Court research papers
officials and employees as witnesses
Additional Rules:
Judicial Privilege (1) Confidential Information secured by justices,
A form of deliberative process privilege; court judges, court officials and employees in the
records which are pre-decisional and course of their official functions, mentioned
deliberative in nature are thus protected and in (2) and (3) above, are privileged even
cannot be the subject of a subpoena after their term of office.
A document is pre-decisional if it precedes, in (2) Records of cases that are still pending for
temporal sequence, the decision to which it decision are privileged materials that
relates. cannot be disclosed;except only for
pleadings, orders and resolutions that have
A material is deliberative on the other hand, if it been made available by the court to the
reflects the give-and-take of the consultative general public.
process. The key question is whether disclosure (3) Principle of comity (inter-departmental
of the information would discourage candid courtesy) demands that highest officials of
discussion within the agency. each dept. be exempt from the compulsory
processes of the other depts.
Judicial Privilege is an exception to the general (4) These privileges belong to the Supreme
rule of transparency as regards access to court Court as an institution, not to any justice or
records. judge in his or her individual capacity. No
Court deliberation sare traditionally considered one can claim Exceptions[i.e. waive the
privileged communication. privilege] without the consent of the Court.

Summary of Rules
The following are privileged documents or
communications, and are not subject to
disclosure:

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VI. Constitutional (5) Institutionalize a management climate


conducive to public accountability;
Commissions (6) Submit to the President and the Congress
an annual report on its personnel programs.

(1) Commission on Election (COMELEC) Scope of the Civil Service


(2) Commission on Audit (COA) Embraces all branches, subdivisions,
(3) Civil Service Commission (CSC) instrumentalities and agencies of the
Government, including GOCCs with original
A. CONSTITUTIONAL SAFEGUARDS charters. (Sec. 2(1), Art. IX-B).
TO ENSURE INDEPENDENCE OF
COMMISSIONS Appointments in the Civil Service
(1) Constitutionally created; cannot be General Rule: Made only according to merit and
abolished by statute. fitness to be determined, as far as practicable,
(2) Powers and functions cannot be reduced by by competitive exam.
statute.
(3) Independent constitutional bodies. Exceptions:
(4) Chairmen and members cannot be removed (1) Policy determining where the officer lays
except by impeachment. down principal or fundamental guidelines
(5) Fixed term of office of 7 years. or rules; or formulates a method of action
(6) Chairmen and members may not be for government or any of its subdivisions,
appointed in an acting capacity. e.g. department head.
(7) Salaries of Chairmen and members may not (2) Primarily confidential denoting primarily
be decreased during their tenure. close intimacy which ensures freedom of
(8) Commissions enjoy fiscal autonomy. intercourse without embarrassment or
(9) Each Commission may promulgate its own freedom from misgivings or betrayals on
procedural rules, provided they do not confidential matters of state [De los Santos
diminish, increase or modify substantive v. Mallare (1950)]; OR one declared to be so
rights. by the President of the Philippines upon the
(10) Commissions may appoint their own recommendation of the CSC [Salazar v.
officials and employees in accordance with Mathay (1976)].
Civil Service Law. (3) Highly technical requires possession of
technical skill or training in supreme
B. POWERS AND FUNCTIONS degree.[Mallare, supra]
B.1. CIVIL SERVICE COMMISSION
Disqualifications The following may not be
Central personnel agency of the government.
appointed:
(1) Candidate who has lost in any election,
Functions and Powers[Art. IX-B, Sec. 3]
within 1 year after such election; for
(1) Establish a career service;
appointment in the government, or any
(2) Promote morale, efficiency, integrity,
GOCC or subsidiary. (Art. IX-B, Sec. 6)
responsiveness, progressiveness, and
(2) Elective official; for any public office or
courtesy in the civil service;
position during his tenure. (Art. IX-B,
(3) Strengthen the merit and rewards system;
Sec. 7[1])
(4) Integrate all human resources development
programs for all levels and ranks;

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(3) Appointive official; for any other office Power to declare failure of election COMELEC
or employment in the govt., or GOCCs may exercise power motu proprio or upon a
or its subsidiary. (Art. IX-B, Sec. 7[2]), verified petition, and the hearing of the case
unless otherwise allowed by law OR by shall be summary in nature.
the primary functions of his position
(4) Decide administrative questions pertaining
*No office or employee in the civil service shall to elections except the right to vote.
engage directly or indirectly, in any (5) File petitions in court for
electioneering or partisan political activity.(Art. inclusion/exclusion of voters.
IX-B, Sec. 2[4]) (6) Investigate/prosecute cases of election law
violations.
B.2. COMMISSION ON ELECTION
Functions and Powers The COMELEC has exclusive jurisdiction to
(1) Enforce all laws relating to the conduct of investigate and prosecute cases for violations of
election, plebiscite, initiative, referendum election laws. [De Jesus v. People (1983)]
and recall. COMELEC may validly delegate this power to
the fiscal. [People v. Judge Basilia (1989)]
Initiative The power of the people to propose
amendments to the Constitution or lawsin an (7) Recommend pardon, amnesty, parole or
election called for that purpose. Three systems: suspension of sentence of election law
initiative on (1) Constitution, (2) statutes, or (3) violators.
local legislation [R.A. 6735, Sec. 2(a)]. (8) Deputize law enforcement agencies and
govt instrumentalities for the exclusive
Referendum The power of the electorate to purpose of ensuring free, orderly, honest,
approve or reject legislation through an election peaceful, and credible elections.
called for that purpose. Two classes: (9) Recommend to the President the removal of
referendum on (1) statutes or (2) local laws. [Id., any officer or employee it has deputized for
Sec. 2(c)]. violation or disregard of, or disobedience to
its directive.
Recall Termination of a local elective official (10) Registration of political parties,
for loss of confidence prior to the expiration of organizations and coalitions and
his term through the will of the electorate. accreditation of citizens arms.
Plebiscite Submission of const. amendments (11) Regulation of public utilities and media of
or important legislation to the people for information. Note: This power may be
ratification. exercised only over the media, not over
(2) Recommend to Congress effective practitioners of media. [See Sanidad v.
measures to (a) minimize election spending, COMELEC (1990)]
and (b) prevent and penalize all forms of (12) Decide election cases: If the COMELEC
election frauds, offenses, malpractices, and exercises its quasi-judicial functions (e.g.
nuisance candidacies. hearing and deciding election cases) then
(3) Submit to the President and the Congress a the case must be heard through a division. If
comprehensive report on the conduct of the COMELEC exercises its administrative
each election, plebiscite, initiative, functions or hears a motion for
referendum, or recall. reconsideration then it must act en banc.
[Bautista v. COMELEC, 414(2003)].

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(1) Jurisdiction to hear and decide


B.3. COMMISSION ON AUDIT administrative cases instituted before it
Powers and Functions directly or on appeal, including contested
(A) Examine, audit, and settle accounts appointments. (Admin. Code)
pertaining to government funds or property: (2) Original jurisdiction to hear and decide a
its revenue, receipts, expenditures, and uses. complaint for cheating in the Civil Service
(B) Exclusive Authority to examinations committed by government
a. Define the scope of its audit and employees. [Cruz v. CSC (2001)]
examination; (3) Appellate jurisdiction over decisions of
b. Establish techniques and methods lower level officials in cases filed against
required ; erring employees in connection with the
c. Promulgate accounting and duties and functions of their office. [Olanda
auditing rules and regulations. v. Bugayong (2003)]

Note: Art. IX-D, sec. 3.No law shall be passed General Jurisdiction: All civil service positions in
exempting any entity of the Government or its govt. service, whether career or non-career
subsidiaries in any guise whatever, or any [Const., Rev. Admin. Code]
investment of public funds, from the jurisdiction
of the COA. Specific Jurisdiction: See Revised Uniform Rules
on Administrative Cases in the Civil Service; see
C. PROHIBITED OFFICES AND also CSC Resolution No. 991936, detailing the
disciplinary and non-disciplinary jurisdiction
INTERESTS
No member of the Commissions shall, during
their tenure:
D.2. COMMISSION ON ELECTIONS
(1) Hold any other office or employment. This is Exclusive: All contests relating to the elections,
similar to the prohibition against executive returns and qualifications of all elective regional,
officers. It applies to both public and provincial, and city officials.
private offices and employment. Appellate: All contests involving elected
(2) Engage in the practice of any profession. municipal officials decided by trial courts of
(3) Engage in the active management or general jurisdiction, or involving elective
control of any business which in any way barangay officials decided by a court of limited
may be affected by the functions of his jurisdiction. [Garcia v. De Jesus]
office.
(4) Be financially interested, directly or D.2. COMMISSION ON AUDIT
indirectly, in any contract with, or in any (A) Examine, audit, and settle all accounts (1)
franchise or privilege granted by, the pertaining to revenue, receipts and
Government, its subdivisions, agencies or expenditures or uses (2) of funds and
instrumentalities, including GOCCs or their property, owned, held in trust by, or
subsidiaries. pertaining to (3) the government, any of its
subdivisions, agencies, or instrumentalities,
including GOCCs with original charters
D. JURISDICTION
(B) On post-audit basis:
a. Constitutional bodies, commissions
D.1. CIVIL SERVICE COMMISSION
and officers that have been granted
fiscal autonomy under the Const.

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b. Autonomous state colleges and the case will be brought to the Court of
universities; Appeals.
c. Other GOCCs and their subsidiaries;
and E.2. ADMINISTRATIVE
d. Such non-governmental entities Each Commission shall appoint its own officials
receiving subsidy or equity, directly in accordance with law [Art. IX-A, Sec. 4]
or indirectly, from or through the
government, which are required by Each Commission en banc may promulgate its
law or the granting institution to own rules concerning pleadings and practices
submit to such audit as a condition before it [Id., Sec.6]
of subsidy or equity. [Phil. Society
for the Prevention of Cruelty of Each Commission shall perform such other
Animals v. COA (2007)] functions as may be provided by law [Id., Sec. 8]

E. REVIEW OF FINAL ORDERS, The SC does not exercise general administrative


RESOLUTIONS, AND DECISIONS supervision over the Const. Commissions.
E.1. QUASI-JUDICIAL FUNCTIONS
Any question pertaining to the validity of acts of
Decisions Const. Commissions that (a) do not involve the
Each Commission shall decide, by a majority exercise of discretion or (b) its quasi-
vote of all its members (read: not only those administrative jurisdiction may be taken in an
present), any case or matter brought before it ordinary civil action before the trial courts.
within 60 days from the date of its submission [Salva v. Makalintal (2000)]
for decision or resolution. [Art. IX-A, Sec. 7]
VII. Citizenship
Any decision, order, or ruling of the
Commissions may be brought to the SC on
certiorari by the aggrieved party within 30 days
A. WHO ARE FILIPINO CITIZENS?
from receipt of the copy thereof. [Id.] Who are citizens?(Asked 25 times in the Bar; Art.
IV, Sec. 1)
Certiorari jurisdiction of the Supreme Court (A) Citizens of the Philippines at the time of the
(1) Decisions, order or ruling of the adoption of this Constitution;
Commissions in the exercise of their quasi- (B) Those whose fathers or mothers are citizens
judicial functions may be reviewed by the of the Philippines;
Supreme Court. (C) Those who elected to be citizens. This is
(2) The mode of review is a petition for available only to:
certiorari under Rule 64 (not Rule 65).Court (1) Those born before January 17, 1973;
not empowered to review factual findings of (2) To Filipino mothers; AND
the Commission. [Aratuc v. COMELEC, (3) Elect Philippine citizenship upon
(1999)] reaching the age of majority
(3) Exception: The Rules of Civil Procedure (D) Those naturalized in accordance with law.
provides for a different legal route in the
case of the Civil Service Commission. In the Who were the citizens at the time of the
case of CSC, Rule 43 will be applied, and adoption of the 1987 Constitution? Citizens
under the1973 Const. Who were citizens at the

40
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time of the adoption of the 1973 Constitution? Philippine history, government and civics
Citizens under the 1935 Const. (And so on.) are taught or prescribed as part of the
school curriculum, during the entire period
B. MODES OF ACQUIRING of the residence in the Philippines required
CITIZENSHIP of him;
Generally, two modes of acquiring citizenship:
(A) By Birth Special Qualifications [C.A. 473, Sec. 3] ANY
(1) Jus Soli - right of soil; persons will result to reduction of 10-year period to 5
nationality is based on place of years
birth; formerly effective in the (1) Having honorably held office under the
Philippines, see [Roa v. Collector of Government of the Philippines or under that
Customs (1912)] of any of the provinces, cities, municipalities,
(2) Jus Sanguinis right of blood; or political subdivisions thereof;
persons nationality follows that of (2) Established a new industry or introduced a
his natural parents. The Philippines useful invention in the Philippines;
currently adheres to this principle. (3) Married to a Filipino woman;
(B) By Naturalization (4) Engaged as a teacher in the Philippines in a
public or recognized private school not
established for the exclusive instruction of
C. NATURALIZATION AND
children of persons of a particular
DENATURALIZATION nationality or race, in any of the branches of
C.1. NATURALIZATION education or industry for a period of 2 years
Process by which a foreigner is adopted by the or more;
country and clothed with the privileges of a (5) Born in the Philippines.
native-born citizen. The applicant must prove
that he has all of the qualifications and none of Disqualifications [C.A. 473, Sec. 4]
the disqualifications for citizenship. (1) Persons opposed to organized government
or affiliated with groups who uphold and
Qualifications[C.A. 473, Sec. 2] teach doctrines opposing all organized
(1) Not less than 21 years age on the day of the governments;
hearing; (2) Persons defending or teaching the necessity
(2) Resided for a continuous period of 10 years or propriety of violence, personal assault, or
or more; assassination for the success of their ideas;
(3) Good moral character; believes in the (3) Polygamists or believers in polygamy;
principles underlying the Phil. Const.; (4) Persons convicted of crimes involving moral
conducted himself in a proper and turpitude;
irreproachable manner during the entire (5) Persons suffering from mental alienation or
period of his residence. incurable contagious diseases;
(4) Must own real estate in the Phil. worth (6) Persons who during the period of their stay,
P5,000 or more OR must have lucrative have not mingled socially with the Filipinos,
trade, profession, or lawful occupation; or who have not evinced a sincere desire to
(5) Able to speak or write English or Spanish or learn and embrace the customs, traditions,
anyone of the principal languages; and ideals of the Filipinos;
(6) Enrolled his minor children of school age in (7) Citizens or subjects of nations with whom
any of the recognized schools where the Philippines is at war

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(8) Citizens or subjects of a foreign country D.2. DUAL ALLEGIANCE


other than the United States, whose laws do (1) Aliens who are naturalized as Filipinos but
not grant Filipinos the right to become remain loyal to their country of origin
naturalized citizens or subject thereof; (2) Public officers who, while serving the
government, seek citizenship in another
C.2. DENATURALIZATION country
Process by which grant of citizenship is revoked.
Dual citizens are disqualified from running for
Grounds [C.A. 473, Sec. 18] upon the proper any elective local position. [Local Govt. Code,
motion of the Sol. Gen. or the provincial fiscal: Sec. 40(d)]. This should be read as referring to
(1) Naturalization certificate was fraudulently dual allegiance. Consequently, persons with
or illegally obtained [See Po Soon Tek v. mere dual citizenship do not fall under this
Republic(1974)] disqualification. [Manzano v. Mercado (1999)]
(2) If, within the five years next following the
issuance, he shall return to his native Once a candidate files his candidacy, he is
country or to some foreign country and deemed to have renounced his foreign
establish his permanent residence there citizenship in case of dual citizenship. [Mercado
(3) Petition was made on an invalid declaration v. Manzano (1999)]
of intention;
(4) Minor children of the person naturalized E. LOSS AND REACQUISITION OF
failed to graduate from the schools FILIPINO CITIZENSHIP
mentioned in sec. 2, through the fault of
E.1. GROUNDS FOR LOSS OF CITIZENSHIP
their parents;
[NEO-MADD]
(5) If he has allowed himself to be used as a
(1) Naturalization in a foreign country [C.A. 63,
dummy in violation of the Constitutional or
sec.1(1)];
legal provision requiring Philippine
(2) Express renunciation or expatriation
citizenship as a requisite for the exercise,
[Sec.1(2), CA 63];
use or enjoyment of a right, franchise or
(3) Taking an oath of allegiance to another
privilege.
country upon reaching the age of majority;
(4) Accepting a commission and serving in the
Naturalization is never final and may be revoked
armed forces of another country, unless
if one commits acts of moral turpitude.
there is an offensive/ defensive pact with
[Republic v. Guy (1982)]Neither estoppel nor res
the country, or it maintains armed forces in
judicata may be invoked to bar the State from
Rep. of the Phil. with latters consent;
initiating an action for the cancellation or
(5) Denaturalization;
nullification of the certificate of naturalization
(6) Being found by final judgment to be an AFP
thus issued. [Yao Mun Tek v. Republic (1971)]
deserter;
(7) Marriage by a Filipino woman to an alien, if
D. DUAL CITIZENSHIP AND DUAL by the laws of her husbands country, she
ALLEGIANCE becomes a citizen thereof.
D.1. DUAL CITIZENSHIP
Allows a person who acquires foreign General Rule: Expatriation is a constitutional
citizenship to simultaneously enjoy the rights he right. No one can be compelled to remain a
previously held as a Filipino citizen. Filipino if he does not want to. [Go Gullian v.
Government]

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F. NATURAL-BORN CITIZENS AND


Exception: A Filipino may not divest himself of PUBLIC OFFICE
Philippine citizenship in any manner while the
F.1. NATURAL-BORN
Republic of the Philippines is at war with any
(1) Citizens of the Phil. from birth without
country. [C.A. 63, Sec. 1(3)]
having to perform any act to acquire or
perfect their Phil. citizenship; and
Loss of Philippine citizenship cannot be
(2) Those who elect Philippine citizenship in
presumed. Mere fact that one has a certificate
accordance with Art. IV, Sec. 1(3)
stating that he is an American does not mean
that he is not still a Filipino, since there has
F.2. WHO MUST BE NATURAL-BORN?
been NO EXPRESS renunciation of his
(1) President [Art. VII, Sec. 2]
Philippine citizenship. [Aznar v. COMELEC
(2) Vice-President [Art. VII, Sec. 3]
(1995)]
(3) Members of Congress [Sec. 3 and 6, Art. VI]
(4) Justices of SC and collegiate courts [Art. VIII,
Sec. 7(1)]
E.2. HOW MAY CITIZENSHIP BE
(5) Ombudsman and his deputies [Sec. 8, Art.
REACQUIRED? [NARLA] XI]
(1) Naturalization [C.A. 63 and C.A. 473] Now (6) Members of Constitutional Commissions
an abbreviated process, no need to wait for 3 (7) Members of central monetary authority [Art.
years XII, Sec. 20]
(8) Members of the Commission on Human
Requirements: Rights [Art. XIII, Sec. 17(2)]
(1) Be 21 years of age
(2) Be a resident for 6 months The Constitutional provision (i.e. whose fathers
(3) Have good moral character are citizens) does not distinguish between
(4) Have no disqualification legitimate or illegitimate paternity. Civil
Code provisions on illegitimacy govern private
(2) Repatriation Results in the recovery of the and personal relations, not ones political status.
original nationality. Therefore, if he is a natural- [Tecson v. COMELEC (2004) on the petition for
born citizen before he lost his citizenship, he disqualification against presidential candidate
will be restored to his former status as a FPJ]
natural-born Filipino. [Bengson v. HRET (2001)]

Repatriation requires an express and equivocal VIII. National Economy &


act. [Frivaldo v. COMELEC (1989)] Application
must be approved by the authorities before it Patrimony
can take effect. [Labo v. COMELEC (1989)]
A. REGALIAN DOCTRINE
(3) Legislative Act Both a mode of acquiring All lands of the public domain, waters, minerals,
and reacquiring citizenship coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or
See RA 9225 (Citizenship Retention & timber, wildlife, flora and fauna, and other
Reacquisition Act of 2003); text of pertinent natural resources are owned by the State. With
portions in Political Law Reviewer the exception of agricultural lands, all other

43
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natural resources shall not be alienated. [Art. Doctrine of Native Title


XII, Sec. 2] Ownership of native land is already vested on
natives even if they do not have formal
titles.[Cario v. Insular Govt (1909)]

B. NATIONALIST AND CITIZENSHIP REQUIREMENT PROVISIONS


Citizenship Requirements
Filipino Citizens, or 100% Filipino Citizens, or 60-40 Filipino Citizens, or 70-30
Filipino Corporations Filipino Corporations Filipino Corporations
Use and enjoyment of marine Co-production, Joint venture, Engagement in advertising
wealth, exclusive to Filipino and Production sharing Industry
citizens [Art. XII, Sec. 2, par. 2] agreements over [Art. XVI, Sec. 11]
natural resources
[Art. XII, Sec. 2(1)]

Agreements shall not exceed a


period of 25 years renewable for
another 25 years.
Rules on agricultural lands Educational Institutions [Art. XIV,
(Art. XII, Sec. 3) Sec. 4(2)]

(1) Citizens may lease only< 500 Congress may increase Filipino
ha. equity participation.

(2) Citizens mayacquireby


purchase, homestead or grant
only < 12 ha.
Practice of professions, save in Areas of Investment as Congress
cases provided by law [Art. XII, may prescribe (Congress may
Sec. 14(2)] prescribe a higher percentage)
[Art. XII, Sec. 10]
Small-scale utilization of natural Operation of public utilities[Art.
resources, as may be provided by XII, Sec. 11]
law[Art. XII, Sec. 2(3)] Cannot be for longer period than
50 years
Executive and managing officers
must be Filipino

What capital is covered The 60% 60% of common stock, 60% of preferred voting
requirement applies to both the voting control stock, and 60% of preferred non-voting stock.)
and the beneficial ownership of the public utility. [Gamboa v. Teves (2012)]
Therefore, it shall apply uniformly, separately,
and across the board to all classes of shares, B.1. FILIPINO FIRST
regardless of nomenclature or category, In the grant of rights, privileges, and
comprising the capital of the corporation. (e.g. concessions covering the national economy and

44
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patrimony, the State shall give preference to (2) Philippine Mining Law (RA 7942)
qualified Filipinos. [Art. XII, Sec. 10] (3) RA 7942 Implementing Rules and
Regulations, insofar as they relate to
The term patrimony pertains to heritage, and financial and technical agreements [La
given the history of the Manila Hotel, it has Bugal-Blaan v. Ramos (Dec. 2004)]
become a part of our national economy and
patrimony. The Filipino First policy provision of The Const. should be construed to grant the
the Const. is per se enforceable, and requires no President and Congress sufficient discretion
further guidelines or implementing rules or laws and reasonable leeway to enable them to
for its operation. [Manila Prince Hotel v. GSIS, attract foreign investments and expertise. [La
(1990)] Bugal-Blaan Assn. v. Ramos, id.]

C. EXPLORATION, DEVELOPMENT D. FRANCHISES, AUTHORITY AND


AND UTILIZATION OF NATURAL CERTIFICATES FOR PUBLIC UTILITIES
RESOURCES
The State is accorded the primary power and D.1. NATURE OF THE FRANCHISE:
responsibility in the exploration, development (1) It is a privilege, not a right
and utilization thereof. As such it may (2) Shall NOT be exclusive;
undertake these activities through four modes: (3) Shall NOT be for a period of more than 50
(1) The State may directly undertake such years;
activities; (4) Shall be subject to amendment, alteration
(2) The State may enter into co-production, or repeal by Congress. [Id.]
joint venture or production-sharing
agreements with Filipino citizens or Jurisprudence:
qualified corporations; (1) Congress does not have the exclusive power
(3) Congress may, by law, allow small-scale to issue franchises. Administrative bodies
utilization of natural resources by Filipino (i.e. LTFRB, Energy Regulatory Board) may
citizens; or be empowered by law to do so. [Albano v.
(4) For the large-scale exploration, Reyes (1989)]
development and utilization of minerals, (2) What constitutes a public utility is not the
petroleum and other mineral oils, the ownership but the use to the public. The
President may enter into agreements with Const. does not require a franchise before
foreign-owned corporations involving one can own the facilities needed to operate
technical or financial assistance. [La Bugal- a public utility so long as it does not operate
BLaan v. Ramos, [Jan. 2004)] them to serve the public. [Tatad v. Garcia
(1995)]
Service Contracts not prohibited. Even
supposing FTAAs are service contracts, the E. ACQUISITION, OWNERSHIP AND
latter are not prohibited under the Constitution. TRANSFER OF PUBLIC AND PRIVATE
[La Bugal-Blaan v. Ramos, (Dec. 2004)]
LANDS
Lands of the Public Domain are classified into:
The following have been held valid:
(1) Agricultural Lands
(1) Financial and Technical Assistance
(2) Forest or Timber Lands
Agreements (FTAA) not prohibited
(3) Mineral Lands
agreement in the Const.

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(4) National Park [Art. XII, Sec. 3] when the alien later becomes a Filipino citizen
can no longer be recovered by the vendor,
Note: The classification of public lands is a because there is no longer any public policy
function of the executive branch. Their decisions involved. [Republic v. IAC (1989)]
as to questions of fact, is conclusive upon the
courts. [Republic v. Imperial (1999)].To prove F. PRACTICE OF PROFESSIONS
that the land subject of an application for The practice of all profession in the Philippines
registration is alienable, an applicant must shall be limited to Filipino citizens, save in the
conclusively establish the existence of a positive case prescribed by law. [Art. XII, Sec. 14]
act of the government. [Republic v. Candymaker,
Inc. (2006)] G. ORGANIZATION AND REGULATION
OF CORPORATIONS, PRIVATE AND
Alienable lands of the public domain shall be
limited to agricultural lands. [Art. XII, Sec. 3] PUBLIC
Stewardship Concept
Private corporations or associations may not The use of property bears a social function, and
hold such alienable lands of public domain all economic agents shall contribute to the
except (1) by lease, (2) for a period not common good.
exceeding 25 years, and (3) not to exceed 1000
hectares in area. Individuals and private groups, including
corporations, cooperatives, and similar
Citizens of the Philippines may (1) lease not collective organizations, shall have the right to
more than 500 ha., or (2) acquire not more than own, establish, and operate economic
12 hectares thereof by purchase, homestead, or enterprises, subject to the duty of the State to
grant. [Art. XII, Sec. 3] promote distributive justice and to intervene
when the common good so demands. [Art. XII,
Private Lands Sec. 6]
General Rule: No private lands shall be
transferred or conveyed except to individuals, The State shall apply the principles of agrarian
corporations, or associations qualified to reform or stewardship, whenever applicable in
acquire or hold lands of the public domain. [Art. accordance with law, in the disposition or
XII, Sec. 7] utilization of other natural resources, including
lands of the public domain under lease or
Exceptions: concession suitable to agriculture, subject to
(1) Hereditary succession (Art. XII, Sec. 7) prior rights, homestead rights of small settlers,
(2) A natural-born citizen of the Philippines and the rights of indigenous communities to
who has lost his Philippine citizenship may their ancestral lands. [Id., Sec. 6]
be a transferee of private lands, subject to
limitations by law. (Art. XII, Sec. 8) H. MONOPOLIES, RESTRAINT OF
TRADE AND UNFAIR COMPETITION
Consequence of sale to non-citizens: H.1. MONOPOLIES
Any sale or transfer in violation of the The State shall regulate or prohibit monopolies
prohibition is null and void. [Ong Ching Po. v. CA when the public interest so requires. No
(1994)]. HOWEVER, land sold to an alien which combinations in restraint of trade or unfair
was later transferred to a Filipino citizen OR competition shall be allowed. [Art. XII, Sec. 19]

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equitably diffusing wealth and political power


Although the Const. enshrines free enterprise as for the common good.
a policy, it reserves to the Govt. the power to
intervene whenever necessary for the promotion To this end, the State shall regulate the
of the general welfare. [Philippine Coconut acquisition, ownership, use, and disposition of
Dessicators v. PCA (1998)] property and its increments. [Art. XIII, Sec. 1]

Monopolies are not per se prohibited by the The promotion of social justice shall include the
Constitution but a determination must first be commitment to create economic opportunities
made as to whether public interest requires a based on freedom of initiative and self-reliance.
monopoly. As monopolies are subject to abuses [Art. XIII, Sec. 2]
that can inflict severe prejudice to the public,
they are subject to a higher level of State Social justice is the humanization of laws and
regulation than an ordinary business the equalization of social and economic forces
undertaking. [Agan, Jr. v. PIATCO (2003)] by the State. It is consistent with the
fundamental and paramount objective of the
H.2. CENTRAL MONETARY AUTHORITY state of promoting the health, comfort, and
[ART. XII, SEC. 20] quiet of all persons, and of bringing about "the
Functions: greatest good to the greatest number."
(1) Provide policy directions in the areas of [Calalang v. Williams (1940)]
money, banking, and credit;
(2) Supervise the operations of banks; B. COMMISSION ON HUMAN RIGHTS
(3) Exercise such regulatory powers as may be
provided by law over the operations of Nature
finance companies and other institutions (1) Independent office
performing similar functions (2) Composition: Chairman and 4 members;
a. Must be natural-born citizens
Currently, the central monetary authority is the b. Majority of shall be members of the Bar.
Bangko Sentral ng Pilipinas. c. Term of office and other qualifications
and disabilities shall be provided by law.

IX. Social Justice & (3) Approved annual appropriations of the


Commission shall be automatically and
Human Rights regularly released

Powers and Functions


A. CONCEPT OF SOCIAL JUSTICE (1) Investigate forms of human rights violations
1987 constitution involving civil and political rights
The State shall promote social justice in all (2) Adopt operational guidelines and rules of
phases of national development. [Art. II, Sec. 10] procedure, and cite for contempt, in
accordance with Rules of Court
The Congress shall give highest priority to the (3) Provide appropriate legal measures for the
enactment of measures that protect and protection of human rights of all persons
enhance the right of all the people to human within the Phil., as well as Filipinos residing
dignity, reduce social, economic, and political abroad, and provide for preventive
inequalities, and remove cultural inequities by

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measures and legal aid services to the


under-privileged
X. Education, Science,
(4) Visitorial powers over jails, prisons,
detention facilities
Technology, Arts,
(5) Establish a continuing program of research, Culture and Sports
education, and information to enhance
respect for human rights
(6) Recommend to Congress effective
A. ACADEMIC FREEDOM
measures to promote human rights and to Academic freedom shall be enjoyed in all
provide for compensation to victims of institutions of higher learning. [Art. XIV, Sec. 5
violations of human rights, or their families (2)]
(7) Monitor the Philippine Government's
compliance with international treaty Four Essential Freedoms of a University
obligations on human rights (1) Who may teach
(8) Grant immunity from prosecution when (2) What may be taught
necessary or convenient to determine the (3) How it shall teach
truth in any investigation conducted by it or (4) Who may be admitted to study [Garcia v.
under its authority Faculty Admission Committee (1975)]
(9) Request the assistance of any department,
bureau, office, or agency in the performance Institutional academic freedom includes the
of its functions right of the school or college to decide for itself,
(10) Appoint officers/employees in accordance its aims and objectives, and how best to attain
with law them free from outside coercion or interference
(11) Other duties and functions as may be save possibly when the overriding public
provided by law interest calls for some restraint.

While CHR cannot try and decide cases (or hear Highest Budgetary Priority to Education
and determine causes) as courts of justice, or The State shall assign the highest budgetary
even quasi-judicial bodies do. To investigate is priority to education [...] [Art. XIV, Sec. 5 (5)]
not to adjudicate or adjudge. [Cario v. CHR
(1991)] Allocation of larger share to debt service vis--
vis education is not unconstitutional. The
DECS already has the highest budgetary
allocation among all department budgets.
Congress can exercise its judgment and power
to appropriate enough funds to reasonably
service debt. Art. XIV, Sec. 5(5) is directive.
[Guingona v. Carague (1991)]

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POLITICAL LAW
CONSTITUTIONAL LAW 2

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I. Fundamental Powers A statute or charter or a general law may confer


of the State the right of eminent domain upon a private
entity. [Tenorio v. Manila Railroad Co. (1912)]

POLICE POWER TAXATION


It is the inherent and plenary power of the state It is the enforced proportional contributions
which enables it to prohibit all that is hurtful to from persons and property, levied by the State
the comfort, safety and welfare of society. by virtue of its sovereignty, for the support of
[Ermita-Malate Hotel and Motel Operators the government and for all public needs. It is as
Association, Inc. v. Mayor of Manila (1967)] broad as the purpose for which it is given.

TESTS FOR VALIDITY OF EXERCISE GENERAL LIMITATIONS


(1) Lawful Subject: (1) Power to tax exists for the general welfare;
(2) Lawful Means: should be exercised only for a public purpose
(3) Least Restrictions of Individual Rights: (2) Might be justified as for public purpose even
if the immediate beneficiaries are private
DELEGATION individuals
Police power is lodged primarily in the national
(3) Tax should not be confiscatory
legislature. By virtue of a valid delegation of
(4) Taxes should be uniform and equitable [Sec.
legislative power, it may also be exercised by
28(1), Art. VI]
the president, administrative bodies, and
lawmaking bodies of LGUs. [Sec. 16, R.A. 7160]
SPECIFIC LIMITATIONS
(1) Uniformity of taxation
EMINENT DOMAIN (2) Tax Exemptions
The power of eminent domain is the inherent
right of the State to condemn private property DELEGATION
to public use upon payment of just (1) Legislature (primarily)
compensation. It is also known as the power of (2) Local legislative bodies [Sec. 5, Art. X]
expropriation. (3) President (to a limited extent, when granted
delegated tariff powers under Sec. 28 (2) Art.
REQUISITES VI
(1) Private property
(2) Genuine necessity SIMILARITIES AND DIFFERENCES
(3) For public use SIMILARITIES (NACHURA)
(4) Payment of just compensation (1) Inherent in the State (Exercised even without
(5) Due process [Manapat v. CA (2007)] need of express constitutional grant)
(2) Necessary and indispensable (State cannot
DELEGATION be effective without them)
The moment the municipal corporation or entity (3) Method by which state interferes with private
attempts to exercise the authority conferred, it property
must comply with the conditions accompanying (4) Presuppose equivalent compensation
the authority. The necessity for conferring the (5) Exercised primarily by the legislature
authority upon a municipal corporation to
exercise the right of eminent domain is
admittedly within the power of the legislature.

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DIFFERENCES
Police Power Eminent Domain Taxation
Compensation
None Just compensation None
(The altruistic feeling that one (Full and fair equivalent of the (The protection given and public
has contributed to the public property taken) required. improvements instituted by the
good [NACHURA]) State because of these taxes
[NACHURA])
Use of Property
Not appropriated for public Appropriated for public use Use taxing power as an
use implement for the attainment of
a legitimate police objectiveto
regulate a business or trade
Objective
Measure undertaken for Property taken for public use; it Earn revenue for the government
general comfort, health and is not necessarily noxious
prosperity
Coverage
Liberty and Property Property rights only Property rights only
Exercise of Power
Only by the government May be exercised by private Only by the government
entities when right is conferred
by law

II. Private Acts and the p. 674; July 17, 1986; Emphasis supplied)[People
v. Marti (1991)]
Bill of Rights
It is a declaration and enumeration of a person's III. Due Process
fundamental civil and political rights. It also Due process of law simply states that [i]t is part
imposes safeguards against violations by the of the sporting idea of fair play to hear "the
government, by individuals, or by groups of other side" before an opinion is formed or a
individuals. decision is made by those who sit in judgment.
[Ynot v. IAC (1987)]
The Bill of Rights governs the relationship
between the individual and the state. Its RELATIVITY OF DUE PROCESS
concern is not the relation between individuals, Consideration of what procedures due process
between a private individual and other may require under any given set of
individuals. What the Bill of Rights does is to circumstances must begin with a determination
declare some forbidden zones in the private of the precise nature of the government
sphere inaccessible to any power holder. function involved as well as of the private
(Sponsorship Speech of Commissioner Bernas, interest that has been affected by governmental
Record of the Constitutional Commission, Vol. 1, action. [Cafeteria & Restaurant Workers Union v.
McElroy (1961]

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Requirements. Procedural (the manner of


PROCEDURAL AND SUBSTANTIVE dismissal)
DUE PROCESS and Substantive (valid and authorized causes of
employment termination)
PROCEDURAL DUE PROCESS Purpose: protects employees from being
Procedural due process is that aspect of due unjustly terminated without just cause after
process which serves as a restriction on actions notice and hearing.
of judicial and quasi-judicial agencies of the Effect of breach: does not void action but court
government. It refers to the method or manner provides for other remedies
by which a law is enforced.
HIERARCHY OF RIGHTS
SUBSTANTIVE DUE PROCESS If the liberty involved were freedom of the mind
Substantive due process looks to whether there or the person, the standard for the validity of
is a sufficient justification for the governments governmental acts is much more rigorous and
action. It guarantees against the arbitrary exacting, but where the liberty curtailed affects
power even when exercised according to proper at the most rights of property, the permissible
forms and procedure. scope of regulatory measure is wider. [Ermita-
Malate Hotel and Motel Operators Association,
Laws which interfere with life, liberty or property Inc. v. City Mayor of Manila (1967)]
satisfy substantive due process when there is:
(1) Lawful object i.e. the interests of the public in JUDICIAL STANDARDS OF REVIEW
general (as distinguished from those of a
RATIONAL BASIS TEST
particular class) require the intervention of
the State, and The test is applicable for economic legislation
(2) Lawful means i.e. means employed are [White Light Corporation v. City of Manila]
reasonably necessary for the
accomplishment of the purpose and not There is an evil at hand for correction and the
unduly oppressive on individuals. [US v. particular legislative measure was a rational
Toribio (1910)] way to correct it.[Williamson v. Lee Optical
(1955)]
CONSTITUTIONAL AND STATUTORY
DUE PROCESS STRICT SCRUTINY TEST
This test is triggered when a fundamental
CONSTITUTIONAL DUE PROCESS [AGABON V. NLRC constitutional right is limited by a law, (i.e.
(2004)] freedom of the mind and curtailment of political
Basis: Constitution process).
Requirements: Procedural and Substantive
Purpose. This requires the government to show an
(1) protects individual against government; and overriding or compelling government interest so
(2) assures him of his rights in criminal, civil and great that it justifies the limitation of
administrative proceedings fundamental constitutional rights (the courts
Effect of breach: govt action void make the decision of whether or not the
purpose of the law makes the classification
STATUTORY DUE PROCESS necessary).
Basis: Labor Code

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INTERMEDIATE SCRUTINY TEST STANDARDS FOR JUDICIAL REVIEW


The test was adopted by the U.S. Supreme Serrano v. Gallant Maritime introduced a
Court for evaluating classifications based on modification in equal protection jurisprudence
gender and legitimacy. While the test may have by using the three-level review used in due
first been articulated in equal protection process cases. In effect, the level of review when
analysis, it has in the United States since been it comes to equal protection challenges may
applied in all substantive due process cases as follow the following format:
well. [White Light Corporation v. City of Manila (1) Whether the State was justified in making a
(2009] classification at all. (three-level scrutiny)
(a) Rational basis test the classification
VOID-FOR-VAGUENESS DOCTRINE should bear a reasonable relation to the
An act is vague when it lacks comprehensible governments purpose
standards that men of common intelligence (b) Strict scrutiny test in which a legislative
must necessarily guess at its common meaning classification which impermissibly
and differ as to its application. interferes with the exercise of a
fundamental right or operates to the
peculiar disadvantage of a suspect class is
IV. Equal Protection presumed unconstitutional. The burden is
upon the government to prove that the
classification is necessary to achieve a
Equal protection requires that all persons or compelling state interest and that it is the
things similarly situated should be treated alike, least restrictive means to protect such
both as to rights conferred and responsibilities interest. It is applied when the
imposed. classification has a suspect basis.
(c) Intermediate scrutiny test in which the
REQUISITES FOR VALID government must show that the
CLASSIFICATION challenged classification serves an
(1) It must rest on substantial distinctions which important state interest and that the
make real differences; classification is at least substantially
(2) It must be germane to the purpose of the related to serving that interest. Applicable
law; to certain sensitive but not suspect classes;
(3) It must not be limited to existing conditions certain important but not fundamental
only. interest.
An ordinance was declared void because it (2) Whether the classification was valid. (4-
taxes only centrifugal sugar produced and pronged test of valid classification in People v.
exported by the Ormoc Sugar Company and Cayat)
none other, such that if a new sugar central
is established in Ormoc, it would not be
subject to the ordinance. [Ormoc Sugar Co. v.
Treasurer of Ormoc City (1968)]
V. Searches and Seizures
(4) Apply equally to all members of the same
class. [People v. Cayat (1939)] WARRANT REQUIREMENT
PURPOSE
(1) Search Warrant- to gain evidence to convict
(2) Warrant of Arrest- to acquire jurisdiction

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REQUISITES (5) Customs search


(1) Existence of probable cause (6) Stop and frisk
Warrants of Arrest (7) Exigent and emergency circumstances
Such facts and circumstances antecedent to (8) Visual search at checkpoints not among
the issuance of the warrant that in those enumerated in People v. Aruta, but also
themselves are sufficient to induce a recognized as an exception to the warrant
cautious man to rely on them and act in requirement by Aniag v. COMELEC (1994)
pursuance thereof. [People v. Syjuco (1937); and Valmonte v. De Villa (1989, 1990)
Alvarez v. CFI (1937)]
Search Warrant WARRANTLESS ARRESTS
Such facts and circumstances which would REQUISITES OF A VALID WARRANTLESS ARREST [RULE
lead a reasonably discreet and prudent man 113, SEC. 5, RULES ON CRIMINAL PROCEDURE]
to believe that an offense has been (1) In flagrante delicto arrest: When in his
committed and that the objects sought in presence, the person to be arrested has
connection with the offense are in the place committed, is actually committing, or is
sought to be searched. [Burgos v. Chief of attempting to commit an offense;
Staff (1984)] (2) Hot Pursuit arrest: When an offense has just
(2) Determination of probable cause personally been committed and he has probable cause
by the judge. to believe based on personal knowledge of
(3) After personal examination under oath or facts or circumstances that the person to be
affirmation of the complainant and the arrested has committed it;
witnesses he may produce. (3) Escaped Prisoner arrest: When the person
(4) On the basis of their personal knowledge of to be arrested is a prisoner who has escaped
the facts they are testifying to. from a penal establishment or place where
(5) The warrant must describe particularly the he is serving final judgment or is temporarily
place to be searched and the persons or confined while his case is pending, or has
things to be seized. escaped while being transferred from one
confinement to another
WARRANTLESS SEARCHES
Aruta implies that the reasonableness of a Additional Exceptions (Not in the Rules):
warrantless search is determined by the (1) (1) Estoppel: When the right is voluntarily
information received and used as a basis for the waived
search, and (2) additional factors and (2) Violent insanity.
circumstances. The two, taken together,
constitute the probable cause which justifies ADMINISTRATIVE ARRESTS
warrantless searches and seizures. [Aruta, General Rule: Only the judge has the power to
supra] issue a warrant after the proper procedure has
been duly taken.
WARRANTLESS SEARCHES RECOGNIZED BY
JURISPRUDENCE Exceptions:
Quick Look [People v. Aruta, supra] (1) In cases of deportation of illegal and
(1) Search incident to a lawful arrest undesirable aliens, whom the President or
(2) Plain view doctrine the Commissioner of Immigration may order
(3) Search of a moving vehicle arrested, following a final order of
(4) Consented search

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deportation, for the purpose of (2) Objective: The expectation be one that
deportation.[Salazar v. Achacoso (1990)] society is prepared to recognize as
(2) Warrant of arrest may be issued by reasonable. [Pollo v. Constantino- David
administrative authorities only for the (2011)]
purpose of carrying out a final finding of a
violation of law and not for the sole purpose INTRUSION, WHEN ALLOWED
of investigation or prosecution. It may be (1) By lawful order of the court
issued only after the proceeding has taken (2) When public safety or public order requires
place as when there is already a final otherwise, as may be provided by law.
decision of the administrative authorities.
An intrusion into the privacy of workplaces is
DRUG, ALCOHOL AND BLOOD TESTS valid if it conforms to the standard of
Randomized Drug Testing (RDT) for students reasonableness.Under this standard, both
and employees does not violate the right to inception and scope of intrusion must be
privacy in the Constitution. Students do not reasonable.
have rational expectation of privacy since they (1) Justified at inception: if there are reasonable
are minors and the school is in loco parentis. grounds for suspecting that it will turn up
Employees and students in universities, on the evidence that the employee is guilty of work-
other hand, voluntarily subject themselves to related misconduct.
(2) Scope of intrusion is reasonable: if measures
the intrusion because of their contractual used in the search are reasonable related to
relation to the company or university. the searchs objectives, and it is not highly
intrusive. [Pollo, supra]
It is unconstitutional to subject candidates for
public office and criminals to RDT. The
Constitution clearly provides the requirements WRIT OF HABEAS DATA
for candidates, and adding RDT would amount Query Habeas Data
to imposing an additional qualification. What is the (1) Remedy
Criminals subjected to RDT would violate their writ of habeas (2) Available to any person
right against self-incrimination. [SJS v. data? (3) Whose right to life, liberty,
Dangerous Drugs Board (2008)] and security has been
violated or is threatened
with violation
VI. Privacy of (4) By an unlawful act or
omission
Communications and (5) of a public official or
employee, or of a private
Correspondence individual or entity
(6) Engaged in the gathering,
PRIVATE AND PUBLIC collecting or storing of
data or information
COMMUNICATIONS
regarding the person,
REQUISITES OF EXISTENCE OF PRIVACY RIGHT
family, home and
(1) Subjective: A person has exhibited an actual
correspondence of the
expectation of privacy;
aggrieved party.

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Query Habeas Data


What rule The Rule on the Writ of FACIAL CHALLENGES AND THE
governs Habeas Data (A.M. No. 08-1- OVERBREADTH DOCTRINE
petitions for 16-SC), which was approved
and the by the SC on 22 January General Rule: A party can question the validity of
issuance of a 2008. That Rule shall not a statute only if, as applied to him, it is
writ of habeas diminish, increase or modify unconstitutional. [Southern Hemisphere v. Anti-
data? substantive rights. Terrorism Council (2010)]
Exception: Facial Challenges

VII. Freedom of FACIAL CHALLENGES


A facial challenge is allowed to be made to a
Expression vague statute and to one which is overbroad
because of possible chilling effect upon
protected speech.
CONCEPT AND SCOPE
The possible harm to society in permitting some
All are indispensable to the uninhibited, robust unprotected speech to go unpunished is
and wide-open debate in the free marketplace of outweighed by the possibility that the protected
ideas. [Abrams. US (1919)] speech of others may be deterred and perceived
grievances left to fester because of possible
PRIOR RESTRAINT (CENSORSHIP) inhibitory effects of overly broad statutes.
Censorship conditions the exercise of freedom of
expression upon the prior approval of the This rationale does not apply to penal statutes.
government. However, said doctrines apply to penal statutes
when:
SUBSEQUENT PUNISHMENT (1) The statute is challenged as applied;
Freedom of speech includes freedom after OR
speech. Without this assurance, the citizen (2) The statute involves free speech. [Disini
would hesitate to speak for fear he might be v. Sec. of Justice (2014)]
provoking the vengeance of the officials he has
criticized (chilling effect). OVERBREADTH DOCTRINE
A governmental purpose may not be achieved
CONTENT BASED AND CONTENT by means which sweep unnecessarily broadly
and thereby invade the area of protected
NEUTRAL REGULATIONS freedoms.

CONTENT-BASED RESTRICTIONS
TESTS
The regulation is based on the subject matter of
DANGEROUS TENDENCY TEST
the utterance or speech.
It is sufficient if the natural tendency and the
Standard of Review: Strictest scrutiny
probable effect of the utterance were to bring
about the substantive evil that the legislative
CONTENT-NEUTRAL RESTRICTIONS
body seeks to prevent. [People v. Perez (1956)]
Regulations on the incidents of speech time,
place and manner.
Standard of Review: Intermediate approach

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CLEAR AND PRESENT DANGER TEST MILLER TEST (CCA-SL)


The question in every case is whether the words To determine obscenity:
used are used in such circumstances and are of (1) Whether the average person, applying
such a nature as to create a clear and present Contemporary Community standards would
danger that they will bring about the find that the work, taken as a whole, Appeals
substantive evils that Congress has a right to to prurient interest
prevent. It is a question of proximity and degree. (2) Whether the work depicts or describes in a
[Schenck v. United States (1919)] patently offensive way, sexual conduct
Specifically defined by the applicable state
BALANCING OF INTEREST TEST law
When a particular conduct is regulated in the (3) Whether the work, taken as a whole, Lacks
interest of public order, and the regulation serious, literary, artistic, political, or scientific
results in an indirect, conditional and partial value [Miller v. CA (1973) also applied in
abridgement of speech, the duty of the courts is Fernando v. CA (2006)]
to determine which of the two conflicting
interests demands greater protection. O BRIEN TEST (C-GUN)
[American Communications Assoc. v. Douds, 339 A content-neutral regulation is valid:
US 282] (1) If it is within the Constitutional power of the
Government
The test is applied when two legitimate values (2) If it furthers an important or substantial
not involving national security crimes compete. Government interest
[Gonzales v. COMELEC (1969)] (3) If the Government interest is Unrelated to
the suppression of free expression
DIRECT INCITEMENT TEST (4) If the incidental restriction is No greater than
The constitutional guarantees of free speech is essential to the furtherance of that interest
and free press do not permit a State to forbid or
proscribe advocacy of the use of force or of law STATE REGULATION OF DIFFERENT
violation except where such advocacy is directed
TYPES OF MASS MEDIA
to inciting or producing imminent lawless action
and is likely to incite or produce such action.
MOVIE CENSORSHIP
[Brandenburg v. Ohio (395 U.S. 444)]
Censorship is allowable only under the clearest
proof of a clear and present danger of a
GRAVE-BUT-IMPROBABLE DANGER TEST
substantive evil to public safety, morals, health
To determine the clear and present danger of
or any other legitimate public interest:
the utterances bringing about the evil which
(1) There should be no doubt what is feared may
that legislature has the power to punish, "In
be traced to the expression complained of.
each case [courts] must ask whether the gravity
(2) Also, there must be reasonable
of the 'evil,' discounted by its improbability,
apprehension about its imminence. It does
justifies such invasion of free speech as is
not suffice that the danger is only probable.
necessary to avoid the danger." In this case, an
[Gonzales v. Kalaw-Katigbak (1985)]
attempt to overthrow the Government by force
is a sufficient evil for Congress to prevent. It is
TELEVISION CENSORSHIP
the existence of the conspiracy which creates
P.D. 1986 gave MTRCB the power to screen,
the danger.[Dennis v. US (1951)]
review and examine all television programs.

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RADIO CENSORSHIP anticipated reaction) of a hostile audience,


Strict rules have also been allowed for radio unless there is a "clear and present danger" of
because of its pervasive quality and because of grave and imminent harm, which is not easy to
the interest in the protection of children. [FCC v. prove.
Pacifica Foundation (1978)]

COMMERCIAL SPEECH
VIII. Freedom of Religion
Commercial speech is protected speech
although commercial advertising in the U.S. has NON-ESTABLISHMENT CLAUSE
not been accorded the same level of protection The clause prohibits excessive government
given to political speech. One case set down the entanglement with, endorsement or
requirements for protection of commercial disapproval of religion [Victoriano v. Elizalde
speech: Rope Workers Union (1974)])
(1) speech must not be false, misleading or
proposing an illegal activity; ACTS NOT PERMITTED BY NON-ESTABLISHMENT
(2) government interest sought to be served by CLAUSE
regulation must be substantial; (1) Prayer and Bible-reading in public schools
(3) the regulation must advance government [Engel v. Vitale (1967); Abington School
interest; and District v. Schemp (1963)]
(4) the regulation must not be overbroad. (2) Financial subsidy for parochial schools
[Bernas] [Lemon vs. Kurtzman (1971)]
(3) Religious displays in public spaces: Display
PRIVATE VS. GOVERNMENT SPEECH of granite monument of 10 commandments
Parliamentary immunity guarantees the in front of a courthouse is unconstitutional
members the freedom of expression without for being unmistakably non-secular.
fear of being made responsible in criminal or [Glassroth vs. Moore, 335 F.3d 1282 (11th Cir.
civil actions before courts or forum outside of 2003)]
Congress. But this does not protect them from (4) Mandatory religious subjects or prohibition
responsibility from the legislative body. The of secular subjects (evolution) in schools
members may nevertheless be questioned in [Epperson vs. Arkansas (1968)]
Congress itself. (5) Mandatory bible reading in school (a form of
preference for belief over non-belief) [School
District vs. Schempp (1963)]
HECKLERS VETO
(6) Word God in the Pledge of Allegiance:
An attempt to limit unpopular speech. For
religious vs. atheist students [Newdow vs. US
example, an unpopular group wants to hold a
(2003)]
rally and asks for a permit. The government is
not allowed to refuse the permit based upon the
ACTS PERMITTED BY THE ESTABLISHMENT CLAUSE
beliefs of the applicants. But the government
Constitutionally created
can deny the permit, reasoning that it is not
(1) Tax exemption [Art. VI, Sec. 28 (3)]
because the government disapproves of the
(2) Operation of sectarian schools [Art. XIV, Sec.
group's message, it is just afraid that so many
4(2)]
people will be outraged that there might be
(3) Religious instruction in public schools [Art.
violent protests. Under the Free Speech Clause
XIV, Sec. 3(3)]
of Sec. 4 Art. III, the government may not
silence speech based on the reaction (or

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(4) Limited public aid to religion [Art. VI, Sec. The power to tax the exercise of the privilege
29(2)] is the power to control or suppress its
enjoyment [American Bible Society vs. City of
Jurisprudence Manila (1957)]
Religious activities with secular (3) Exemption from union shop
purpose/character. Congress acted merely to relieve persons of
Postage stamps depicting Philippines as the site the burden imposed by union security
of a significant religious event promotes agreements.
Philippine tourism [Aglipay vs. Ruiz, (1937)] (4) Non-disqualification of religious leaders
from local government office [Pamil v.
Government sponsorship of town fiestas. has Teleron (1978)]
secular character [Garces vs. Estenzo (1981)] (5) Working hours from 7:30am to 3:30pm
without break during Ramadan [Re: Request
Book lending program for students in parochial of Muslim Employees in the Different Courts of
schools. benefit to parents and Iligan City (2005)]
students[Board of Education vs. Allen, 392 U.S. (6) Exemption from administrative charge on
236] immorality
Cohabiting with a married man with church
Display of crche in a secular setting depicts sanction evidenced by a document of
origins of the holiday [Lynch vs. Donnely (1984)] Declaration of Pledging Faithfulness
[Estrada v. Escritor (2003)]
Financial support for secular academic facilities
(i.e library and science center) in parochial TESTS
schools has secular use [Tilton vs. Richardson CLEAR AND PRESENT DANGER (FOR RELIGIOUS
(403 U.S. 672)] SPEECH)
In order to justify restraint the court must
Exemption from zoning requirements to determine whether the expression presets a
accommodate unique architectural features of clear and present danger of any substantive evil,
religious buildings i.e Mormons tall pointed which the state has a right to prevent.
steeple [Martin vs. Corporation of the Presiding [American Bible Society v City of Manila (1957)
Bishop (434 Mass. 141)] citing Taada and Fernando on the Constitution
of the Philippines, Vol. 1, 4th ed., p. 297]
FREE EXERCISE CLAUSE
DUAL ASPECT BENEVOLENT NEUTRALITY-COMPELLING STATE
(1) Freedom to believe absolute INTEREST
(2) Freedom to act on ones belief subject to Test where conduct arising from religious belief
regulation is involved.
(1) Has the govt action created a burden on the
LAWS AND ACTS JUSTIFIED UNDER FREE EXERCISE free exercise? Court must look into sincerity
CLAUSE (but not truth) of belief.
(1) Exemption from flag salute in school (2) Is there a compelling state interest to justify
[Ebralinag vs. Division Superintendent of the infringement?
Schools of Cebu (1993)] (3) Are the means to achieve the legitimate
(2) Freedom to propagate religious doctrines state objective the least intrusive? [Escritor,
supra]

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Right to travel
CONSCIENTIOUS OBJECTOR TEST Who: courts (lawful order) or by the appropriate
executive officer.
In the RH LAW: When: in the interest of national security
A conscientious objector should be exempt from (Human Security Act), public safety or public
compliance with the mandates of the RH Law. If health (quarantine)
he is compelled to act contrary to his religious
belief and conviction, it would be violative of the RIGHT TO TRAVEL
principle of non-coercion enshrined in the WATCH LIST ORDER
constitutional right to free exercise of religion. Issued against accused in criminal cases
[Imbong vs. Ochoa (2014)] (irrespective of nationality in RTC or below), any
person with pending case in DOJ. (As of the
Ground for exemption from compulsory military date of this publication, the constitutionality of
service; expanded version provides exemption the watch list orders is being challenged in the
even to those who object war based on non- Supreme Court in Arroyo v. Secretary of Justice)
religious beliefs i.e. non-theist
HOLD-DEPARTURE ORDER
Criteria: Issued against accused in criminal cases
(1) There must be belief in God or a parallel (irrespective of nationality in courts below RTC),
belief occupying a central place in the aliens (defendant, respondent, witness in
believers life pending civil or labor case), any person motu
(2) Religion must involve a moral code proprio by Sec of Justice or request of heads of
transcending individual belief; cannot be depts, ConComm, Congress, or SC.
purely subjective
(3) Demonstrable sincerity in belief must be RETURN TO ONES COUNTRY
shown, but court cannot inquire into its truth Right to return to one's country, a distinct right
or reasonableness [United States v. Seeger, under international law, is independent from
380 U.S. 163 (1965)] although related to the right to travel.
(4) There must be some associational ties.
[Estrada v. Escritor (2003)] The President has the power (residual/implied)
to impair the right to return when such return
poses threats to the government. [Marcos v.
IX. Liberty of Abode and Manglapus (1989)]

Freedom of Movement
X. Right to Information
LIMITATIONS
POLICY OF FULL PUBLIC DISCLOSURE
WHO MAY IMPAIR AND WHEN RIGHTS MAY BE
CURTAILED
V. RIGHT TO INFORMATION
Liberty of abode [See IDEALS v. PSALM (2012)]
Who: courts (lawful order)
When: within limits prescribed by law

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Right To Info On (3) Govt research data used as basis for policy
Policy Of Full Public
Matters Of Public development
Disclosure
Concern
Art. Ii, Sec. 28
Art. Iii, Sec. 7 LIMITATIONS
Matter Restrictions to the right to information may be:
All transactions Matters of public (1) Based on kinds of information
involving public concern Exempted information:
interest; (a) Privileged information rooted in separation
Broad scope, embraces of powers
any matter contained (b) Information of military and diplomatic
in official secrets
communications and (c) Information affecting national security
public documents of (d) Information on investigations of crimes by
the govt agency law enforcers before prosecution [Chavez v.
Demand to Access PEA and Amari (2002)]
Demand or request (e) Trade secrets and banking transactions
required to gain [Chavez v. PCGG (1998)]
access (IDEALS) (f) Offers exchanged during diplomatic
negotiations [Akbayan v. Aquino (2008)]
What is asserted
(g) Other confidential matters (i.e. RA 6713,
DUTY TO DISCLOSE of RIGHT TO ACCESS
closed-door Cabinet meetings, executive
the govt, pursuant to INFO.See below for
sessions, or internal deliberations in the
the policy of full public documents
Supreme Court) [Chavez v. PCG, supra]
disclosure specifically under
(2) Based on access:
scope
(a) Opportunity to inspect and copy records at
Notes his expense. [Chavez v. PEA and Amari,
Public Concern: no supra]
exact definition and (b) Not the right to compel custodians of
adjudicated by the official records to prepare lists, summaries
courts on a case-by- and the like. [Valmonte v. Belmonte (1989)]
case basis; but (3) Based on reasonable regulation for the
examples abound in convenience of and for order in the office that
jurisprudence (e.g. has custody of the documents. [Baldoza v.
peace negotiations, Dimaano (1976)]
board exams, PCGG (4) Based on Availability: right available only to
compromise citizens
agreements, civil
service matters) PUBLICATION OF LAWS AND
REGULATIONS
SCOPE OF RIGHT TO ACCESS General: Full publication is a condition for laws
INFORMATION effectivity.
Essence: matters of public concern
(1) Official records Scope: All statutes [includes those of local
(2) Documents pertaining to official acts application and private laws], presidential
decrees and executive orders by President acting

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under power either directly conferred by the govt. However, such privilege is merely
Constitution or validly delegated by the presumptive, and will not apply to all cases.
legislature, and administrative rules and [Akbayan v. Aquino (2008)]
regulations for implanting existing laws, charter
of a city, circulars by Monetary Board
XI. Right to Association
Internal regulations and letter of instructions
concerning guidelines for subordinates and not Interpretation of for purposes not contrary to
the public are not included law: same as clear and present danger rule,
only such may justify abridgement to the right
Effectivity: Fifteen days after publication unless to form association or society. [Gonzales v.
a different effectivity date is fixed by the COMELEC (1969)]
legislature [Taada v. Tuvera (1986)]
Scope: The right is recognized as belonging to
ACCESS TO COURT RECORDS people whether employed or unemployed, and
Access to court records may be permitted at the whether employed in the government or in the
discretion and subject to the supervisory and private sector. Includes the right to unionize
protective powers of the court, after considering
the actual use or purpose for which the request The freedom of association presupposes a
for access is based and the obvious prejudice to freedom not to associate. An organization may
any of the parties. [Hilado, et al v. Judge (2006)] remove a member if:
(1) It is engaged in some form of expression,
whether public or private
RIGHT TO INFORMATION RELATIVE
(2) The forced inclusion of a member would
TO: significantly affect the organizations ability
GOVERNMENT CONTRACT NEGOTIATIONS to advocate public or private viewpoints [Boy
The constitutional right to information includes Scouts of America v. Dale (2000)]
official information on on-going negotiations
before a final contract. The information, Right to association and right to unionize of
however, must constitute definite propositions government employees do not include the right
by the government, and should not cover to strike. [SSS Employees Assn v. CA (1989)]
recognized exceptions. [Chavez v. Philippine
Estate Authority (2002)]
XII. Eminent Domain
DIPLOMATIC NEGOTIATIONS
Diplomatic secrets (Diplomatic Negotiations CONCEPT
Privilege): Secrecy of negotiations with foreign It is the right of the government to take private
countries is not violative of the right to property with just compensation.
information. Diplomacy has a confidential
nature. While the full text [of the JPEPA] may REQUISITES FOR VALID EXERCISE OF EMINENT DOMAIN
not be kept perpetually confidential, it is in line (1) Private property
with the public interest that the offers (2) Genuine necessity
exchanged during negotiations continue to be (3) For public use
privileged information. Furthermore, the (4) Payment of just compensation
information sought includes docs produced and (5) Due process
communicated by a party external to the PHL

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Fair Market Value: Price fixed by a buyer


REQUISITES FOR VALID EXERCISE BY LOCAL GOVTS desirous but not compelled to buy and a seller
[LGUs, Sec. 19, Local Government Code] willing but not compelled to sell.
(1) Ordinance by a local legislature council is
enacted authorizing local chief executive to Determination of just compensation is a judicial
exercise eminent domain; function. [National Power Corporation vs. Sps.
(2) For public use, purpose or welfare or for the Florimon V. Lleto, et al.,(2012)]
benefit of the poor and of the landless;
(3) Payment of just compensation; and General Rule: Determined at the time of the
(4) Valid and definite offer has been previously filing of the case
made to owner of the property sought to be
expropriated but such offer was not accepted. Exception: If the value of the property increased
[Municipality of Paraaque vs. VM Realty because of the use to which the expropriator
(1998)] has put it, the value is that of the time of the
taking. [NAPOCOR v. CA (1996)]
REQUISITES FOR A VALID TAKING
(1) The expropriator must enter a private EFFECT OF DELAY
property General rule: For non-payment, the remedy is
(2) Entry must be for more than a momentary the demand of payment of the fair market value
period of the property and not the recovery of
(3) Entry must be under warrant or color of legal possession of the expropriated lots. [Republic of
authority the Philippines v. Court of Appeals (2002); Reyes
(4) Property must be devoted to public use or v. National Housing Authority (2003)]
otherwise informally appropriated or
injuriously affected Exception: When the government fails to pay
(5) Utilization of the property must be in such a just compensation within five years from the
way as to oust the owner and deprive him of finality of the judgment in the expropriation
beneficial enjoyment of the property. [Republic proceedings, the owners concerned shall have
v. Castellvi(1974)] the right to recover possession of their property.
[Republic of the Philippines v. Vicente Lim
EXPANSIVE CONCEPT OF PUBLIC (2005)]
USE
The idea that "public use" means "use by the ABANDONMENT OF INTENDED USE
public" has been discarded. At present, AND RIGHT OF REPURCHASE
whatever may be beneficially employed for the If the expropriator (government) does not use
general welfare satisfies the requirement of the property for a public purpose, the property
public use. [Heirs of JuanchoArdona vs. Reyes reverts to the owner in fee simple. [Heirs of
(1983)] Moreno vs. Mactan-Cebu International Airport
(2005)]
JUST COMPENSATION
It is the just and complete equivalent of the loss MISCELLANEOUS APPLICATION
which the owner of the thing expropriated has Agrarian Reform (Art. XIII, Sec. 4):This provision
to suffer by reason of the expropriation. is an exercise of the police power of the State
through eminent domain (Association of Small
DETERMINATION

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Landowners vs. Secretary of Agrarian Reform) as


it is a means to regulate private property.
XIV. Legal Assistance
Retention limits prescribed by the
and Free Access to
Comprehensive Agrarian Reform Law is also Courts
form of taking under the power of eminent
SEC. 18. Indigent litigants exempt from payment
domain. The taking contemplated is not a mere
of legal fees.Indigent litigants (a) whose gross
limitation on the use of the land, but the
income and that of their immediate family do
surrender of the title to and physical possession
not exceed four thousand (P4,000.00) pesos a
of the excess and all beneficial rights accruing
month if residing in Metro Manila, and three
to the owner in favor of the beneficiary. [Sta.
thousand (P3,000.00) pesos a month if residing
Rosa Realty & Development Corp. v. Court of
outside Metro Manila, and (b) who do not own
Appeals (2001)]
real property with an assessed value of more
than fifty thousand (P50,000.00) pesos shall
be exempt from the payment of legal fees.
XIII. Contracts Clause
The legal fees shall be a lien on any judgment
rendered in the case favorably to the indigent
CONTEMPORARY APPLICATION OF
litigant, unless the court otherwise provides.
THE CONTRACT CLAUSE
WHEN NON-IMPAIRMENT CLAUSE PREVAILS:
To be entitled to the exemption herein provided,
(1) against power of taxation the litigant shall execute an affidavit that he
(2) regulation on loans and his immediate family do not earn a gross
income abovementioned, nor they own any real
WHEN NON-IMPAIRMENT CLAUSE YIELDS:
property with the assessed value
(1) Invalid exercise of police power i.e zoning aforementioned, supported by an affidavit of a
regulation [Presley v. Bel-Air Village disinterested person attesting to the truth of the
Association (1991)], premature campaign ban litigant's affidavit.
[Chavez v. COMELEC (2004)], liquidation of a
chartered bank [Philippine Veterans Bank Any falsity in the affidavit of a litigant or
Employees Union v. Philippine Veterans Bank disinterested person shall be sufficient cause to
(1990)] strike out the pleading of that party, without
(2) Statute that exempts a party from any one prejudice to whatever criminal liability may have
class of taxes been incurred. [Rule 141, Sec. 18, Rules of Court]
(3) Against freedom of religion [Victoriano v.
Elizalde Rope Workers (1974)]
Indigent party. A party may be authorized to
(4) Judicial or quasi-judicial order
litigate his action, claim or defense as an
indigent if the court, upon an ex parte
application and hearing, is satisfied that the
party is one who has no money or property
sufficient and available for food, shelter and
basic necessities for himself and his family.

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RA NO. 9999 (3) That he has a right to the presence of an


attorney, either retained or appointed.
FREE LEGAL ASSISTANCE ACT OF
2010
AVAILABILITY
Legal services- any activity which requires the
(1) When the person is already under custodial
application of law, legal procedure, knowledge,
investigation
training and experiences which shall include, (2) Custodial investigation involves any
among others, legal advice and counsel, and questioning initiated by law enforcement
the preparation of instruments and contracts, (3) During critical pre-trial stages in the
including appearance before the administrative criminal process
and quasi-judicial offices, bodies and tribunals
handling cases in court, and other similar CUSTODIAL INVESTIGATION
services as may be defined by the Supreme When the investigation is no longer a general
Court. inquiry unto an unsolved crime but has begun to
focus on a particular suspect, as when the
Section 5. Incentives to Lawyers. - For purposes suspect has been taken into police custody and
of this Act, a lawyer or professional partnerships the police carries out a process of interrogation
rendering actual free legal services, as defined that lends itself to eliciting incriminating
by the Supreme Court, shall be entitled to an statements.[People vs. Mara (1994)]
allowable deduction from the gross income, the
amount that could have been collected for the CRITICAL PRE-TRIAL STAGE
actual free legal services rendered or up to ten Any critical confrontation by the prosecution at
percent (10%) of the gross income derived from pretrial proceedings where the results might
the actual performance of the legal profession, well determine his fate and where the absence
whichever is lower: Provided, That the actual of counsel might derogate from his right to a
free legal services herein contemplated shall be fair trial.[U.S. vs. Wade (1967)]
exclusive of the minimumsixty (60)-hour
mandatory legal aid services rendered to REQUISITES
indigent litigants as required under the Rule on Effective communication by the investigator of
Mandatory Legal Aid Services for Practicing rights of accused [People v. Agustin (1995)]
Lawyers, under BAR Matter No. 2012, issued by
the Supreme Court. WAIVER
What can be waived
The right to remain silent and the right to
counsel

XV. Rights of Suspects What cannot be waived


The right to be given the MIRANDA warnings.
MIRANDA RIGHTS
The person under custodial investigation must be RULE ON WAIVER
warned that: (1) Must be in writing
(1) He has a right to remain silent; (2) Made in the presence of counsel [Art. III, Sec.
(2) That any statement he makes may be used 12]
as evidence against him; and

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XVI. Rights of the RIGHT TO BE HEARD


It means the accused is amply accorded legal
Accused assistance extended by a counsel who commits
himself to the cause of the defense and acts
accordingly. It is an efficient and truly decisive
CRIMINAL DUE PROCESS legal assistance, and not simply a perfunctory
Requisites [People vs. Vera (1937)] representation. [People v. Bermas (1999)]
(1) Accused is heard by a court of competent
jurisdiction;
ASSISTANCE OF COUNSEL
(2) Accused is proceeded against under the
Courts duty to inform the accused of right to
orderly process of law;
counsel before being arraigned;
(3) Accused is given notice and opportunity to
(1) It must ask him if he desires the services of
be heard;
counsel;
(4) Judgment rendered is within the authority of (2) If he does, and is unable to get one, the
a constitutional law. [Mejia vs. Court must give him one; if the accused
Pamaran(1988)] wishes to procure private counsel, the Court
must give him time to obtain one.
BAIL (3) Where no lawyer is available, the Court may
appoint any person resident of the province
WHO MAY AVAIL
and of good repute for probity and ability.
General: All persons under custody of the law
Exceptions: RIGHT TO BE INFORMED
(1) Those charged with capital offense when Procedural due process requires that the
evidence of guilt is strong accused must be informed why he is being
(2)Military men prosecuted and what charge he must meet.
[Vera vs. People, supra]
WHEN AVAILABLE
General rule: From the very moment of arrest
RIGHT TO SPEEDY, IMPARTIAL AND
(which may be before or after the filing of
formal charges in court) up to the time of PUBLIC TRIAL
conviction by final judgment (which means after Dismissal based on the denial of the right to
appeal). speedy trial amounts to an acquittal.
[Acevedo vs. Sarmiento (1970)]
Exceptions:
(1) When charged with an offense punishable by (1) When proceeding is attended by vexatious,
reclusion perpetua. capricious and oppressive delays
(2) Traditionally, the right to bail is not available (2) When unjustified postponements of the trial
to the military, as an exception to the bill of are asked for and secured
rights. [People v. Reyes (1992)] (3) When without cause or justifiable motive, a
long period of time is allowed to elapse
without the party having his case tried. [dela
PRESUMPTION OF INNOCENCE
Rosa v. Court of Appeals (1996); Tai Lim v.
The requirement of proof beyond reasonable
Court of Appeals (1999)]
doubt is a necessary corollary of the
constitutional right to be presumed innocent.
[People vs. Dramavo (1971)] RIGHT OF CONFRONTATION
Two-fold purpose:

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(1) To afford the accused an opportunity to test


the testimony of witnesses by cross-
XVII. Writ of Habeas
examination
(2) To allow the judge to observe the
Corpus
deportment of witnesses. [Go, et al. v. The
People of the Philippines and Highdone AVAILABILITY
Company, Ltd., et al., (2012)] (1) A prime specification of an application for a
writ of habeas corpus is involuntary restraint
Inadmissibility for lack of right to confrontation: of liberty.
(1) Testimony of a witness who has not (2) Voluntary restraint of liberty i.e. right of
submitted himself to cross examination parents to regain custody of minor child even
(2) Affidavits of witnesses who are not if the child is in the custody of a third person
presented during the trial, hence not of her own free will [Sombong v. CA (1990)]
subjected to cross examination hearsay, (3) Illegal arrest with supervening event when
[Cariago v. Court of Appeals (2001)] restraint of liberty is already by virtue of the
complaint or information. [Velasco vs. CA
(1995)]
COMPULSORY PROCESS
(a) The issuance of a judicial process
Subpoena is a process directed to a person
preventing the discharge of the detained
requiring him to attend and to testify at the
person.
hearing or trial of an action or at any
(b) Another is the filing of a complaint or
investigation conducted under the laws of the
information for the offense for which the
Philippines, or for the taking of his deposition.
accused is detained. [Section 4 of Rule 102]
[Caamic v. Galapon (1994)]
(4) Where a sentence imposes punishment in
excess of the power of the court to impose,
Before a subpoena duces tecum may issue, the
such sentence is void as to the excess
court must first be satisfied that the following
[Gumabon v. Director of Prisons (1971)]
requisites are present:
(1) The books, documents or other things
Test for valid suspension of the privilege of the
requested must appear prima facie relevant
writ: arbitrariness, not correctness
to the issue subject of the controversy (test of
relevancy), and
Conditions for valid suspension:
(2) Such books must be reasonably described by
(1) Presence of invasion, insurrection or rebellion
the parties to be readily identified (test of
(2) Public safety requires it [Lansang v. Garcia
definiteness). [Roco v. Contreras (2005)]
(1971)]

TRIALS IN ABSENTIA
3 requisites:
(1) Accused failed to appear for trial despite
postponement and notice
(2) Failure to appear is unjustified
(3) After arraignment

Consequences: Waiver of right to cross examine


and present evidence [Gimenez vs. Nazareno
(1988)]

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XVIII. Writ of Amparo, XIX. Self-Incrimination


Habeas Data and Clause
Kalikasan SCOPE AND COVERAGE
Only applies to compulsory testimonial, and
WRIT OF AMPARO doesnt apply to material objects [Villaflor vs.
The petition for a writ of amparo is a remedy Summers (1920)]
available to any person whose right to life,
liberty and security is violated or threatened It refers therefore to the use of the mental
with violation by an unlawful act or omission of process and the communicative faculties, and
a public official or employee, or of a private not to a merely physical activity.
individual or entity. [Sec. 1, The Rule on the Writ
of Amparo] FOREIGN LAWS
The privilege, which exists as to private papers,
WRIT OF HABEAS DATA cannot be maintained in relation to records
The writ of habeas data is an independent and required by law to be kept in order that there
summary remedy designed to protect the image, may be suitable information of transactions
privacy, honor, information, and freedom of which are the appropriate subjects of
information of an individual, and to provide a governmental regulation and the enforcement
forum to enforce ones right to the truth and to of restrictions validly established. [Shapiro v. US
informational privacy. (1948)]

There must be a nexus between right to privacy In recent cases, the US Supreme Court has
and right to life, liberty and security. struck down certain registration requirements
that presented real and appreciable risk of self-
WRIT OF KALIKASAN incrimination. These involved statues directed
Remedy against violation or threat of violation at inherently suspect groups in areas
of constitutional right to a balanced and permeated by criminal statutes, a circumstance
healthful ecology by an unlawful act or which laid the subjects open to real risk of self-
omission of a public official or employee, or incrimination. [Bernas]
private individual or entity, involving
environmental damage of such magnitude as to APPLICATION
prejudice the life, health or property of General Rule: The privilege is available in any
inhabitants in two or more cities or provinces. proceedings, even outside the court, for they
may eventually lead to a criminal prosecution.

EXPANDED APPLICATION:
(1) Administrative proceedings with penal
aspect i.e medical board investigation
[Pascual v. Board of Medical Examiners(1969)],
forfeiture proceeding [Cabal v. Kapunan Jr.
(1962)]

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(2) Fact-Finding investigation by an ad hoc body


[Galman vs. Pamaran (1985)]
XX. Involuntary
EFFECT OF DENIAL OF PRIVILEGE
Servitude and Political
Exclusionary Rule under Sec. 17, ART. III in Prisoners
relation to Sec. 12: When the privilege against
self-incrimination is violated outside of court
(e.g. police), then the testimony, as already
INVOLUNTARY SERVITUDE
noted, is not admissible. Slavery and involuntary servitude, together with
their corollary peonage, all denote a condition
Ousted of Jurisdiction: When the privilege is of enforced, compulsory service of one to
violated by the Court itself, that is, by the judge, another.[Hodges v. US (1906) in Rubi v.
the court is ousted of its jurisdiction, all its Provincial Board of Mindoro (1919)]
proceedings, and even judgment are null and
void. [Chavez vs. CA (1968)] POLITICAL PRISONERS
If the petitioners are political prisoners subject
IMMUNITY STATUTES to the civil jurisdiction of ordinary courts of
TRANSACTIONAL IMMUNITY
justice if they are to be prosecuted at all, the
army has no jurisdiction, nor power, nor
The Commission on Human Rights shall have
authority, from all legal standpoints, to
the following powers and functions: xxx
continue holding them in restraint. They are
(8) Grant immunity from prosecution to any
entitled, as a matter of fundamental right, to be
person whose testimony or whose possession
immediately released, any allegation as to
of documents or other evidence is necessary
whether the war was ended or not. [Raquiza v.
or convenient to determine the truth in any
Bradford (1945)]
investigation conducted by it or under its
authority; [Art. XIII, Sec. 18]
Sec. 19 of CA No. 682 authorizes that the
political prisoners in question "may be released
USE AND FRUIT OF IMMUNITY
on bail, even prior to the presentation of the
Use immunity prohibits use of a witness
corresponding information," and this may be
compelled testimony and its fruits in any
done "existing provisions of law to the contrary
manner in connection with the criminal
notwithstanding." We must assume that the
prosecution of the witness.
discretion granted must be construed in the
sense that the same may be exercised in cases
Transactional immunity grants immunity to
wherein it was not heretofore granted by law.
witness from prosecution for an offense to
And it is reasonable to assume that the
which his compelled testimony relates. [Galman
discretion granted is to the effect that the
vs. Pamaran (1985)]
People's Court may exercise jurisdiction to order
the release on bail of political prisoners "even
prior to the presentation of the corresponding
information." [Duran v. Abad Santos (1945)]

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XXI. Excessive Fines and EXCEPTIONS


(1) The graver offense developed due to
Cruel and Inhuman "supervening facts" arising from the same act
or omission constituting the former charged.
(2) The facts constituting the graver charge
Punishments became known or were discovered only after
the filing of the former complaint or
What is Prohibited: Cruel and unusual information.
punishment. Unusual punishment is not (3) The plea of guilty to the lesser offense was
made without the consent of the fiscal and
prohibited especially if it makes the penalty less the offended party.
severe.
MOTIONS FOR RECONSIDERATION
What is a cruel punishment?
(1) Involves torture or lingering death [Legarda v.
AND APPEALS
The accused cannot be prosecuted a second
Valdez (1902)]
time for the same offense and the prosecution
(2) Not only severe, harsh or excessive but
cannot appeal a judgment of acquittal. [Kepner
flagrantly and plainly oppressive
v. US (1904)]
(3) Wholly disproportionate to the nature of the
offense as to shock the moral sense of the
community [People v. Estoista (1953)] DISMISSAL WITH CONSENT OF
ACCUSED
When the case is dismissed other than on the
XXII. Non-Imprisonment merits, upon motion of the accused personally,
for Debts or through counsel, such dismissal is regarded
as with express consent of the accused, who is
therefore deemed to have waived the right to
Debt any civil obligation arising from a plea double jeopardy.
contract. It includes even debts obtained
through fraud since no distinction is made in
the Constitution. [Ganaway v. Quillen (1922)]
XXIV. Ex Post Facto and
Poll Tax a specific sum levied upon any person
belonging to a certain class without regard Bills Of Attainder
to property or occupation (e.g. community
tax). EX POST FACTO LAWS
(1) Makes an action done before the passing of
XXIII. Double Jeopardy the law and which was innocent when done
criminal, and punishes such action.
REQUISITES (2) Aggravates a crime or makes it greater than
(1) Court of competent jurisdiction; when it was committed.
(2) A Complaint/Information sufficient in form (3) Changes the punishment and inflicts a
and substance to sustain a conviction;
greater punishment than the law annexed to
(3) Arraignment and plea by the accused;
(4) Conviction, acquittal, or dismissal of the case the crime when it was committed.
without the express consent, of the accused. (4) Alters the legal rules of evidence and
[Rule 117, Sec. 7; People vs. Obsania (1968)] receives less or different testimony than the
law required at the time of the commission of

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the offense in order to convict the defendant.


[Mekin v. Wolfe (1903)] BILLS OF ATTAINDER
(5) Assumes to regulate civil rights and A bill of attainder is a legislative act which
remedies only but in effect imposes a penalty inflicts punishment without judicial trial. If the
or deprivation of a right which when done punishment be less than death, the act is
was lawful. termed a bill of pains and penalties. Within the
(6) Deprives a person accused of a crime of meaning of the Constitution, bills of attainder
some lawful protection of a former conviction include bills of pains and penalties. [Cummings
or acquittal, or a proclamation of amnesty. v. Missouri (1867)]
[In re Kay Villegas Kami (1970)]

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POLITICAL LAW
ADMINISTRATIVE LAW

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A. GENERAL PRINCIPLES C. POWERS OF ADMINISTRATIVE


AGENCIES
Administrative agencies came about C.1. QUASI-LEGISLATIVE (RULE
because of the growing complexities of
MAKING) POWER
modern life, increased subjects of
government regulation and increased The authority delegated by the law-making
difficulty in administering laws. body to the administrative agency to adopt
rules and regulations intended to carry out
There is a need for Administrative agencies
the provisions of a law and implement a
because the Government lacks time,
legislative policy.
expertise and organizational aptitude for
effective continuing regulation of new
i. Kinds of administrative rules and regulations
developments in society.

a) Supplementary legislation - Pertains to rules


B. ADMINISTRATIVE AGENCIES
and regulations to fix details in the execution of
1. Definition: The organs of government, other
a policy in the law. e.g. IRRs of the Labor Code.
than a court and other than the legislature,
which affect the rights of private parties either
b) Interpretative legislation - Pertains to rules
through adjudication or through rule-making.
and regulations construing or interpreting the
provisions of a statute to be enforced and they
2. Manner of creation
are binding on all concerned until they are
a. 1987 Constitution(e.g. CSC, COMELEC,
changed, i.e. BIR Circulars.
COA, CoA, CHR, JBC, and NEDA)
b. Legislative Enactments(e.g. NLRC, SEC,
ii. Requisites for validity of Delegation:
PRC, SSC, CID, PPO, GAB, BoE, and IC)
c. Executive Orders/ Authorities of law(e.g.
(1) Completeness Test: The law must be
Fact-finding Agencies)
complete in itself and must set forth the
3. Kinds
policy to be executed
a. Government grant or gratuity, special
privilege (e.g. GSIS, SSS, PAO);
(2) Sufficient Standards Test: The law must fix a
b. Carrying out the actual business of
standard, the limits of which are sufficiently
government (e.g. BIR, Customs);
determinate or determinable, to which the
c. Service for public benefit (e.g. Philpost,
delegate must conform. [See Abakada v.
PNR, MWSS, NFA, NHA);
Purisima, G.R. No. 168056, Sep. 1, 2005]
d. Regulation of businesses affected with
public interest (e.g. LTFRB, NTC,
N.B. Both requisites must be satisfied.
HLURB);
e. Regulation of private businesses and
individuals (e.g. SEC);
C.2. QUASI-JUDICIAL (ADJUDICATORY)
f. Adjustment of individual controversies POWER
because of a strong social policy The power of the administrative agency to
involved (e.g. ECC, NLRC, SEC, DAR, determine questions of fact to which the
COA). legislative policy is to apply, in accordance
with the standards laid down by the law
itself
i. Administrative due process

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judgment within the purview of the


Cardinal Primary Rights: (AngTibay v CIR (1950)) doctrine of res judicata.
1. Right to a hearing (Includes the right of a N.B. The doctrine of res judicata applies
party to present his own case and submit only to judicial or quasi-judicial
evidence in support thereof) proceedings and not to the exercise of
2. The tribunal must consider the evidence purely administrative functions. Purely
presented administrative proceedings are non-
3. Decision must be supported by evidence. litigious and summary in nature; hence,
4. Evidence must be substantial. res judicata does not apply.
5. Decision must be rendered on the evidence
presented at the hearing or at least C.3. FACT-FINDING, INVESTIGATIVE,
contained in the record and disclosed to the LICENSING AND RATE-FIXING POWERS
parties affected Fact-finding power: power to declare the
6. Independent consideration of judge (Must existence of facts as basis for enforcement
not simply accept the views of a of law.
subordinate)
Investigative power: inherentpower to
7. Decision rendered in such a manner as to
conduct investigations and hearings
let the parties know the various issues
Licensing function: notice and hearing
involved and the reasons for the decision
required only for contested case.
rendered.
Rate Fixing power: Generally, the power to
fix rates is a quasi-legislative function.
ii. Administrative appeal and review
However, it becomes judicial when the rate
A party must prove that it has been affected
is applicable only to an individual.
or aggrieved by an administrative agency in
order to entitle it to a review by an appellate
D. JUDICIAL RECOURSE AND REVIEW
administrative body or another
administrative body.
D.1. DOCTRINE OF PRIMARY
Under the Doctrine of Qualified Political
ADMINISTRATIVE JURISDICTION
Agency, a decision of the department head
generally need not be appealed to the Courts will not intervene if the question to
Office of the President, since the be resolved is one which requires the
department head (e.g. Secretary) is the alter expertise of administrative agencies and the
ego of the President, and the formers acts legislative intent on the matter is to have
are presumably the Presidents. However, uniformity in the rulings.
the doctrine does not apply when (a) the act It can only occur where there is a
is repudiated by the President, or (b) the act concurrence of jurisdiction between the
is required (by law) to be performed court and the administrative agency.
specifically by the department head.
D.2. DOCTRINE OF EXHAUSTION OF
iii. Administrative res judicata ADMINISTRATIVE REMEDIES
Decisions and orders of administrative Where the law has delineated the procedure
bodies rendered pursuant to their by which administrative appeal or remedy
quasi-judicial authority have, upon their could be effected, the same should be
finality, the force and effect of a final followed before recourse to judicial action
can be initiated.

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Without a final order or decision, the power


D.3. DOCTRINE OF FINALITY OF has not been fully and finally exercised.)
ADMINISTRATIVE ACTION
Courts will not interfere with the act of an
administrative agency before it has reached
finality or it has been completed. (Rationale:

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POLITICAL LAW
LOCAL GOVERNMENTS

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I. Public Corporations the special benefit and advantage of the


community. [LGC, sec. 15]
A. CONCEPTS
Municipal corporations exhibit local C. REQUISITES FOR CREATION,
governance and are political subdivisions of the CONVERSION, DIVISION, MERGER,
Republic; possess substantial control over its
OR DISSOLUTION
local and internal affairs.
No LGU may be created, divided, merged,
abolished, or its boundary altered except in
Government-owned and controlled corporations
accordance with criteria in LGC, and subject to
Agencies of the State for administrative
approval by a majority of vote cast in a
purposes; separate and distinct from the
plebiscite. [LGC, sec. 10]
government; possess corporate powers.
C.1. GENERAL REQUIREMENTS
B. CLASSIFICATIONS Applicable to all LGUs
(1) Law (for any political subdivision) or
Municipal Quasi-Municipal
Ordinance (for barangays only)
Corporations Corporations
(2) Plebiscite
Exists by virtue of a Exists as an
(3) Election and Qualification of Elective
charter (e.g., LGU) unincorporated direct
Officials (i.e. beginning of corporate
agent of the State
existence)
(e.g., water districts)
Notes:
II. Municipal Corporations Plebiscite must be conducted in the
A. ELEMENTS political units directly affected, i.e. those
(1) Legal creation or incorporation; who will be economically dislocated [Padilla
(2) Corporate name by which it is known and v. COMELEC (1992)] or those who will suffer
corporate acts are done; material change in their political and
(3) Population invested with corporate powers economic rights [Miranda v. Aguirre (1999)]
through duly constituted officers; For amendments of organic acts: Only
(4) Territory where it exercises its civil and amendments or revisions of the Organic Act
corporate functions. constitutionally-essential to the creation of
autonomous regions those aspects
B. NATURE AND FUNCTIONS specifically mentioned in the Constitution
BODY POLITIC AND CORPORATE which Congress must provide for in the
Exercises powers of the State for promotion of Organic Act require ratification through a
public welfare and powers of a corporation for plebiscite. [Datu Abas Kida v. Senate (2012)]

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C.2. SPECIFIC REQUIREMENTS


VERIFIABLE INDICATORS OF VIABILITY (SUMMARY)
General rule: all requirements are minimum, i.e. at least)
Income Population Land Area
Average annual income, Total number of Generally, must be
N.B. including IRA [Alvarez v. inhabitants within LGUs contiguous
Guingona] territory
Compliance attested Department of Finance National Statistics Office Lands Management
by: Bureau
Province P20M (1991 prices) 250,000 2,000 sq. km.
[LGC, sec. 461]
Highly Urbanized City P50M (1991 prices) 200,000 100 sq. km.
[sec. 452]
Component City P100M (2000 prices) 150,000 100 sq. km.
[sec. 450, as amended
by R.A. No. 9009]
Municipality P2.5M (1991 prices) 25,000 50 sq. km.
[sec. 442]
No requirement 2,000; OR No requirement except
Barangay
5,000 (if in Metro Manila for contiguity
[sec. 386]
or HUCs)

WHICH REQUIREMENTS MUST BE SATISFIED


(1) Income; AND
Province or City
(2) EITHER population OR land area
(1) Income;
Municipality (2) Population; AND
(3) Land Area
(1) Population; AND
Barangay
(2) Territorial contiguity

LAND AREA (TERRITORY), EXCEPTIONS


Need not follow land area Need not be contiguous
Composed of 1 or more islands [LGC (a) Composed of 2 or more islands; or
IRR, art. 9(2); held valid under Navarro (b) Separated by cities which do not
Province
v. Ermita (2011)] contribute to the income of the
province [LGC, sec. 461(b)]
Composed of 1 or more islands [LGC, Composed of 2 or more islands [LGC,
City
sec. 450(b)] sec. 450(b)]

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Composed of 1 or more islands [LGC, Composed of 2 or more islands [LGC,


Municipality
sec. 442(a)] sec. 442(b)]
[No requirement] Composed of 2 or more islands [LGC,
Barangay
sec. 386(b)]

DE FACTO CORPORATIONS ABOLITION


Requisites When an LGUs income, population, or land
(1) Apparently valid law authorizing area have been irreversibly reduced to less than
incorporation; the minimum standards prescribed for its
(2) Attempt in good faith to organize the creation, Congress or the Sanggunian
corporation; concerned may pass a law or ordinance for its
(3) Colorable compliance with law; abolition, and such law or ordinance must be
(4) Assumption of corporate powers. subjected to a plebiscite.

ATTACK AGAINST VALIDITY OF DE FACTO


CORPORATION III. Principles of Local
Only by the State in a proceeding for quo
warranto; cannot be a collateral attack.
Autonomy
LOCAL AUTONOMY
DIVISION AND MERGER Declaration of policy: Genuine and meaningful
REQUIREMENTS local autonomy to enable them to attain their
Division shall not reduce the income, population, fullest development as self-reliant communities
or land area of the LGU concerned to less than and make them more effective partners in the
the minimum requirements prescribed; attainment of national goals. [LGC, sec. 2]

The income classification of the original LGU DECENTRALIZATION V. DEVOLUTION


shall not fall below its current classification Decentralization: Either (1) decentralization of
prior to the division; administration or to (2) decentralization of
power
EFFECTS
Merger Decentralization of Decentralization of
Legal existence of the annexed terminated; Administration Power
Occurs when the Abdication of political
Laws and ordinances of the annexing LGU
central government power in favor of
shall prevail;
delegates LGUs declared to be
Title to property and debts are acquired by
administrative autonomous regions,
the annexing LGU.
powers to political making the latter no
subdivisions in order longer accountable to
Division
to make it more the national
Legal existence of the original LGU
responsive. [Limbona government, but to
terminated;
v. Mangellin (1989)] its constituency.
Property, rights, and powers acquired by the [Ganzon v. CA (1991)]
dividing LGUs.

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Devolution: Act by which the national (4) Valid and definite offer made but not
government confers power and authority upon accepted
the various local government units to perform
specific functions and responsibilities [Sec. 17, B.2. IMMEDIATE ENTRY
LGC] (1) Filing of the complaint for expropriation
sufficient in form and substance

IV. Powers of Local (2) Deposit of the amount equivalent to 15% of


the fair market value of the property to be
Government Units expropriated based on the current tax
declaration
A. POLICE POWER
B.3. SOCIALIZED HOUSING UNDER UDHA
A.1. GENERAL WELFARE CLAUSE
Expropriation by an LGU for purposes of
Includes powers
socialized housing projects shall occur only as a
(1) expressly granted,
last resort; must first show that other methods
(2) impliedly granted,
(3) necessary or incidental to effective have been exhausted; if exhausted, follow order
governance, and in priority of property. [RA No. 7279] Note
(4) essential to promotion of general welfare. exception for small property owners.

C. TAXING POWER
A.2. GENERAL WELFARE CLAUSE [TWO
C.1. FUNDAMENTAL PRINCIPLES
BRANCHES]
Must be uniform, equitable, and levied for a
GENERAL LEGISLATIVE POWER public purpose; not unjust, excessive, oppressive,
Enact ordinances and make regulations
or confiscatory; not contrary to law, public
necessary to discharge powers and duties.
policy, national economic policy, or in restraint
POLICE POWER PROPER of trade; not left to private person; shall be a
Authorizes the municipality to enact ordinances progressive system of taxation as far as
as may be proper and necessary for health, practicable.
safety, peace, good order, etc.
C.2. LIMITATIONS ON TAXING POWER
A.4. GENERAL WELFARE CLAUSE Taxes already imposed by National Govt:
[LIMITATIONS] Generally, LGUs cannot impose taxes that
(1) Cannot be used to justify an act not are already imposed by the National
authorized by law, and Government (e.g. income tax, documentary
(2) must be exercised via a valid ordinance. stamps, customs duties, excise taxes under
the NIRC, VAT) [See generally, LGC, sec. 133]
B. EMINENT DOMAIN Persons exempted: LGUs cannot impose
B.1. REQUISITES taxes, fees, and charges on (a) countryside
(1) Ordinance authorizing local Chief Executive and barangay business enterprises; (b)
to exercise eminent domain cooperatives duly registered under the
(2) Public use or public purpose Cooperative Code; and National
(3) Payment of just compensation Government, its agencies and

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instrumentalities, and local government recognized, or approved by the local


units. [LGC, sec. 133(n)-(o)] government.
o An instrumentality of the State or
National Government is exempt from A City, Municipality, or Barangay may also
local taxation. [LGC, sec. 133(o)] Hence, temporarily close and regulate the use of any
the Manila International Airport local street, road, thoroughfare or any other
Authority, being such an instrumentality public place where shopping malls, Sunday,
and not being an OGCC, is exempt from flea or night markets, or shopping areas may be
local taxation. [MIAA v. CA (2006)] established for the general public. [Sec. 21(d)]
o However, GOCCs are [generally] not
exempt from local taxation. [MIAA v. CA D.2. REQUISITES FOR PERMANENT CLOSURE
(2006)] (1) Via ordinance approved by at least 2/3 of all
members of the Sanggunian;
C.3. SOURCES OF LGU FUNDS (2) When necessary, an adequate substitute for
the public facility that is subject to closure
May generate own sources of revenue, through
should be provided;
taxes, fees, and charges, in addition to their just
(3) Such ordinance must have provisions for the
share in national taxes and the equitable share
maintenance of public safety therein; and
in the national wealth; (4) If a freedom park is permanently closed,
there must be a provision for its transfer or
D. CLOSURE AND OPENING OF relocation to a new site.
ROADS
E. LEGISLATIVE POWER
Scope of LGUs power to close [LGC, sec. 21] E.1. ORDINANCE V. RESOLUTION
Road, alley, park or square is [Garcia v. COMELEC (1994)]
National Local Ordinance Resolution
Temporary closure (1) Temporary; or Mere declaration of
only. (2) Permanent Considered as a law the opinion of the
closure. lawmaking body
On matters applying
D.1. REQUISITES FOR TEMPORARY CLOSURE to persons or things On a specific matter
(1) Via ordinance; in general
(2) May be done due to: Intended to
(a) Actual emergency; permanently direct Temporary in nature
(b) Fiesta celebrations; and control
(c) Public rallies; A third reading is not
(d) Agricultural or industrial fairs; necessary unless
(e) Undertaking of public works and A third reading is decided otherwise by
highways, telecommunications, and necessary a majority of all the
waterworks projects; sanggunian
(3) Duration of closure must be specified by the members
local chief executive in a written order; and
(4) If for the purpose of athletic, cultural, or civil
activities, these must be officially sponsored,

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E.2. REQUISITES FOR A VALID V. PUBLICATION REQUIREMENTS - TAX


ORDINANCE ORDINANCES
(1) Within the corporate powers of the LGU to Within 10 days from approval, publication in
enact; full for 3 consecutive days in newspaper of local
(2) Passed according to the procedure circulation OR IF NONE posting in at least 2
prescribed by law; and
conspicuous places;
(3) Conforms to the following substantive
requirements:
(a) Not contrary to the Constitution and
VI. APPROVAL AND VETO OF
statute ORDINANCES
(b) Not unfair or oppressive Approval is not a ministerial act. [Delos Reyes vs.
(c) Not partial or discriminatory Sandiganbayan (19970]
(d) Not unreasonable
(e) May regulate, but not prohibit trade VETO BY THE LOCAL EXECUTIVE
(f) Must be general and consistent with Grounds: Under the LGC, only two grounds:
public policy. [City of Manila v. Laguio, Jr. (1) Ultra vires; or
(2005)] (2) Prejudicial to public welfare, stating his
reasons in writing.
Item veto: Available for (a) appropriations
E.3. PUBLICATION ordinance, (b) ord./res. adopting the local devt
I. GENERAL RULE plan or public investment program; and (c) ord.
Posting at city, municipal, or barangay hall and directing payment of money/creating liability
2 other conspicuous places. Takes effect 10 days No veto power for barangays.
after posting. Override: The veto may be overridden by the
Sanggunian upon a 2/3 vote of all its
II. HUC/ICC members.
Posting and publication of the main features of
the ordinance once in a newspaper of local, or if
none, general circulation; takes effect 10 days VII. REVIEW OF ORDINANCES/RESOLUTIONS
after posting/publication; Sanggunian of Sangguniang Barangay
Component Cities and
IV. PUBLICATION REQUIREMENTS WITH Municipalities
PENAL SANCTIONS By Whom
Posting at city, municipal, or barangay hall and
3 other conspicuous places for 3 consecutive Sangguniang Sangguniang
Panlalawigan Panlungsod or
weeks AND publication in newspaper of gen.
Sangguniang Bayan
circulation (except for barangay ordinances)
AND gist of such ordinance published in What
newspaper of gen. circulation within the (1) Ordinances and (2) All barangay
province (if none, posting in all municipalities Resolutions approving ordinances
and cities) local development
plans and public
investment programs

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Grounds for Rejection


If beyond the power Whether consistent I. ULTRA VIRES CONTRACTS
conferred upon the with law and the city An LGU can legitimately exercise powers of
Sanggunian and municipal government only within the limits of the
concerned ordinances authority granted to it, or else its acts are ultra
vires.
VIII. LOCAL INITIATIVE
Process whereby the registered voters of an II. LIABILITIES OF LGUS
LGU may directly propose, enact, or amend an POLITICAL/GOVERNMENTAL ACTS
ordinance; LGUs are generally not liable unless a statute
provides otherwise, such as damages due to the
IX. LOCAL REFERENDUM defective condition of roads and other public
Legal process where registered voters of an LGU works [CIVIL CODE, art. 2189] or damages due to
approve, amend, or reject any ordinance failure to render aid or protection [CIVIL CODE,
enacted by the Sanggunian; art. 34]; officers/agents not liable unless they
acted willfully and with malice;
F. CORPORATE POWERS
F.1. TO SUE AND BE SUED Note: Local government units and their officials
LGUs suable even if they are acting in their are not exempt from liability for death or injury
governmental capacity because they are given to persons or damage to property. [LGC, sec. 24]
the power to sue and be sued.
CORPORATE/PROPRIETARY ACTS
F.2. TO ACQUIRE AND SELL REAL LGUs can be held liable, but the defense of due
PROPERTY diligence in selection and supervision of officers
If owned in a public and governmental capacity, and agents is available; officers/agents are like
Congress has control over such; if owned in a directors of a private corporationliable if acts
private or proprietary capacitiy, it is patrimonial are done within the scope of their employment
and the LGU cannot be deprived of such without and they acted in bad faith or with gross
due process. [Rabuco v. Villegas (1974)] To be negligence.
considered public, it is enough that the property
be held and devoted for governmental purposes G. SETTLEMENT OF BOUNDARY
like local administration, public education and DISPUTES
public health. [Province of Zamboanga del Norte G.1. AMICABLE SETTLEMENT
v. City of Zamboanga (1968)] Boundary
Amicably
dispute Where
F.3. TO ENTER INTO CONTRACTS settled by
between
(1) Entered into by the local chief executive, 2 or more Same city Sangguniang
with barangays or Panlungsod or
(2) prior authorization from the Sanggunian via municipal Sangguniang
ordinance, and ity Bayan
(3) posting of the contract in a conspicuous 2 or more Same Sangguniang
place. municipalities province Panlalawigan

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Municipalities Different Jointly referred III. SANGGUNIAN MEMBERS


or component provinces to sanggunians Appointed by the President/Governor/Mayor; if
cities of the prior member not a member of a political party,
provinces shall be recommended by the Sanggunian
concerned concerned; if a member of a political party,
Component N/A Jointly referred
replacement must be nominated and certified
city or to respective
by the political party
Municipality v. sanggunians of
Highly the parties
urbanized city H.2. TEMPORARY VACANCIES
Between 2 or I. GROUNDS
more highly Occurs when local chief executive is temporarily
urbanized incapacitated to perform his duties for physical
cities or legal reasons such as, but not limited to,
leave of absence, traveling abroad, or
G.2. FORMAL TRIAL AND APPEAL suspension from office;
If amicable settlement fails, shall be conducted
by the Sanggunian to which dispute was II. SUCCESSION
referred to for amicable settlement. The General rule: The governor/mayor/punong
Sanggunian decision is appealable to the RTC. barangay is succeeded by the vice-
governor/vice-mayor/highest-ranking
G.3. JURISDICTION OF THE RTC Sanggunian member automatically
When the dispute between two LGUs do not fall
under those enumerated in LGC, sec. 118, the Exception: When the local chief executive is
RTC shall exercise original jurisdiction. traveling within the country, but is outside the
[Municipality of Kananga v. Madrona (2003)] territorial jurisdiction of the LGU for a period
not exceeding 3 days, the person designated in
H. SUCCESSION OF ELECTIVE writing by the local chief executive shall
OFFICIALS succeed; if none, follow the general rule on the
H.1. PERMANENT VACANCIES 4th day
I. GROUNDS
Occurs when an elective local official fills a J. DISCIPLINE OF ELECTIVE OFFICIALS
higher office, refuses to assume office, fails to J.1. GROUNDS
qualify, dies, is removed from office, resigns, or (1) Disloyalty to the Republic of the Philippines;
is permanently incapacitated to discharge the (2) Culpable violation of the Constitution;
functions of the office. (3) Dishonesty, oppression, misconduct in
office, gross negligence, or dereliction of
II. LOCAL CHIEF EXECUTIVE duty;
Replaced by the vice-governor/vice- (4) Commission of any offense involving moral

mayor/highest ranking Sanggunian Barangay turpitude or an offense punishable by at


member; if successor is also incapable, next least prision mayor;
(5) Abuse of authority;
highest-ranking Sanggunian member follows;

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(6) Unauthorized absence for fifteen (15) acquires jurisdiction to the exclusion of other
consecutive working days tribunals exercising concurrent jurisdiction
Except in the case of members of the local
legislative bodies. Primary jurisdiction where elective officials
(7) Application for, or acquisition of, foreign salary grade is 27 or higher
citizenship or residence or the status of an
immigrant of another country; and Removal: The Ombudsman has the
(8) Such other grounds as may be provided in constitutional power to directly remove from
the LGC and other laws. [LGC, sec. 60(a)] government service an erring public official
other than members of (a) Congress and (b) the
J.2. ADMINISTRATIVE DISCIPLINARY judicial branch, and (c) impeachable officers.
JURISDICTION
Key: Distinguish first whether the administrative J.5. PREVENTIVE SUSPENSION
complaint against the local elective official is I. UNDER LGC / OMBUDSMAN ACT
filed under the LGC or with the Ombudsman. Preventive Suspension Preventive Suspension
Different rules will apply. under the Ombudsman under the LGC
Act
J.3. ADMINISTRATIVE COMPLAINTS (1) The evidence of (1) At any time after
UNDER THE LGC [SEC. 61] guilt is strong; the issues are
Elective Local Official of Complaint filed at AND joined;
(2) Any of the ff. is (2) The evidence
Province, highly Office of the present: of guilt is strong;
urbanized city, President (a) The charge and
independent component against the officer (3)Given the gravity
city, or component city or employee of the offense,
Municipality Sangguniang should involve there is great
Panlalawigan dishonesty, probability that
oppression or the continuance in
Barangay Sangguniang
grave misconduct office of the
Panglungsod or
or neglect in the respondent could
Bayan
performance of influence the
duty; witnesses or pose
Removal: If penalty under the LGC is removal of (b) The charges a threat to the
an elective local official, it must be by order of should warrant safety and
the proper court (RTC) [LGC, sec. 60; Pablico v. removal from integrity of the
Villapando] office; or records and other
(c) The respondents evidence
J.4. ADMINISTRATIVE COMPLAINTS WITH continued stay in
THE OMBUDSMAN office would
Ombudsman exercises concurrent jurisdiction prejudice the case
filed against him
(with courts) over administrative cases against
Maximum period: 6 Maximum period: 60
elective officials below salary grade 27the
months days
body in which the complaint is filed first, and
which opts to take cognizance of the case,

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II. UNDER RA NO. 3019 K. DISCIPLINEOF APPOINTIVE


Any incumbent public officer against whom any OFFICIALS
criminal prosecution under a valid information General rule: local chief executive may impose
under (a) RA 3019 or (b) under Title 7, Book II of (1) removal,
the RPC or (c) for any offense involving fraud (2) demotion,
upon government or public funds or property is
(3) suspension not more than 1 year,
pending in court shall be suspended from office.
(4) fine not exceeding 6 months pay, and
[RA No. 3019, sec. 13]
(5) reprimand; [Sec. 87, LGC] The CSL will apply.
J.6. ADMINISTRATIVE APPEALS UNDER THE
LGC L. RESIGNATIONS
Decision of Appeal to General Rule: Complete upon acceptance by
proper authority
(1) Sangguniang Sangguniang
Panglungsod of Panlalawigan
component cities; and Exceptions:
(2) Sangguniang Bayan (1) Irrevocable resignations by sanggunian
members shall be deemed accepted upon
(1) Sangguniang Office of the
presentation before an open session of the
Panlalawigan; and President
sanggunian concerned and duly entered in
(2) Sangguniang
its records;
Panglungsod of HUCs /
(2) An office may be deemed relinquished
ICCs
through voluntary abandonmentintent to
Office of the President [Final and abandon coupled with an external act.
executory]
M. RECALL OF LOCAL ELECTIVE
J.7. DOCTRINE OF CONDONATION OFFICIALS
Rule: A public official cannot be removed for M.1. STEPS
administrative misconduct committed during a (1) Commencement by petition of a registered
prior term, since his re-election to office voter supported by the required number of
operates as a condonation of the officer's signatures
previous misconduct to the extent of cutting off (2) COMELEC certification of sufficiency
the right to remove him therefor. [Aguinaldo v. (3) Notice, publication, posting
Santos (1992)] (4) Verification and authentication of
signatures
When not applicable: (5) Filing of candidacies
(1) There is already a final determination of (6) Recall election
guilt. Subsequent re-election cannot be
deemed a condonation if there was already
M.2. EFFECTS ON OFFICIAL SUBJECT TO
a final determination of his guilt before the
re-election. [Reyes v. COMELEC (1996)]
RECALL
(2) Criminal cases. The doctrine finds no (1) Not allowed to resign while recall process is
application to criminal cases, as these are in progress. [sec. 78]
violations against the state itself. (2) Automatically considered as candidate and
[Aguinaldo v. Santos (1992)] is entitled to be voted upon. [sec. 71]

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N.3. PREVAILING RULES


M.3. LIMITATIONS ON RECALL For comprehensive but concise summary, see
(1) Any local elective official may be the subject pre-dispositive portion of Abundo, Sr. v.
of recall election only once during his term COMELEC (2013)
of office for loss of confidence.
(2) No recall election shall take place within 1 I. THREE-TERM LIMIT RULE APPLIES:
year from the assumption of office of the (1) If elective official is merely suspended
official concerned, nor within 1 year from office;
immediately preceding the date of a regular (2) If elective office is abolished due to
election. [LGC, sec. 74(b)] In effect, can be conversion of municipality to a city
held only in the 2nd year.

N. TERM LIMITS II. THREE-TERM LIMIT RULE DOES NOT


N.1. LENGTH OF TERM APPLY:
The term of office of elective local officials, (1) If term of official is interrupted by
except barangay officials (which shall be succession to a higher office;
determined by law), shall be three years[.] (2) If a proclaimed candidate loses in an
[CONST. art. X, sec. 8] election contest, except if the decision
became final after THE official had fully
served the term;
N.2 CONDITIONS FOR THE APPLICATION
(3) If a losing candidate wins an election
OF THE DISQUALIFICATION protest.
(1) Elected for three consecutive times for
the same position; and
(2) Fully served three consecutive terms
[Borja, Jr. v. COMELEC (1998)]

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POLITICAL LAW
PUBLIC OFFICIALS

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I. Public Officials
1. DE JURE OFFICER V. DE FACTO OFFICER (2000, 2004, 2009, 2010)
De Jure De Facto
Rests on right Rests on reputation
Requisites: Requisites:
1. De jure office exists 1. De jure office
2. He legally qualifies for the office 2. Assumed office under color of right or
3. He is lawfully chosen for such office general acquiescence by the public
4. He undertakes to perform the duties 3. Actual possession of office in good faith.
of the office.
Lawful title or right to the office Has possession and performs duties under color
of right without being technically qualified.
Cannot be removed even in a direct proceeding Can be ousted in a direct proceeding against him

2. IS ______ A DE FACTO OFFICER? 4. RIGHT OF DE FACTO OFFICER TO


Yes, in the ff. instances. SALARIES, ALLOWANCES, AND
Disqualified in a decision promulgated after EMOLUMENTS RECEIVED
completion of term (Bar 2013, Rodriguez v.
(2004, 2009)
Tan.)
A de facto officer has the right to retain the
Holder of a mayoral position after execution salaries and allowances of the office he
of an election protest judgment, if the occupied de facto. (2004) He is also not
judgment is reversed. He is not a usurper. required to refund such salaries and
allowances.
No, in the ff. instances.
Appointee under an unconstitutional law, as 5. ABANDONMENT OF OFFICE V.
the office would then be invalidly created.
RESIGNATION (2000)
(Bar 2010, Tuanda v SB)
Abandonment Resignation
Voluntary Voluntary
3. DE FACTO OFFICER V. USURPER
Unlawful (Felony Lawful, so long as
(2000) under RPC) officer does not
De facto officer Usurper abandon post before
Color of right or title to Neither lawful title nor acceptance of
the office color of right to the resignation.
title Relinquishment Formal
Acts as officer where Acts as an officer through non-user relinquishment
public does not know where public knows or No acceptance Acceptance required
his lack of title or ought to know that he required
authority is a usurper Accomplished through Non-user is not an
May only be removed May be ousted even non-user, but non-user element of
in a direct proceeding. collaterally alone is not resignation.
All acts otherwise Acts absolutely null abandonment without
legitimate are valid and void intent to abandon.
insofar as the public or
third persons are
concerned

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6. KINDS OF APPOINTMENTS (BAR 1990, 1991, 1994, 2010, 1990, 2003, 2005).
Kinds of presidential appointments.
Permanent Temporary/Acting
Regular Ad interim
When made While Congress is in While Congress is not When a permanent
session. in session or during its appointment cannot be
recess made.
Subject to COA Yes, if under the first Yes No
Confirmation? sentence of Art. VII,
Sec. 16.
Security of tenure? Yes Yes No.

Additional Notes: In contrast, the ff. do not:


The Department Head is an alter ego of the a) All other officers of the Government whose
President and must enjoy his confidence even appointments are not otherwise provided
if the appointment will be merely temporary. for by law, and
The Senate or Congress cannot require that b) Those whom he may be authorized by law
an undersecretary be appointed in lieu of an to appoint.
acting secretary by the President. (Asked
2013, citing facts from Pimentel Jr. v. Ermita) Congress cannot require that officers whose
An ad interim appointment by the President is appointments need not be confirmed be
permanent. An ad interim appointment by a subject to COA confirmation (2002, Manalo v.
department secretary is temporary (Bar 1994, Sistoza)
Summers v. Ozaeta)
8. APPOINTMENTS TO THE
Acceptance of an ad interim appointment,
being a permanent appointment, is a waiver
CONSTITUTIONAL COMMISSIONS
of the right to hold ones previous position (BAR 2013)
(Id.) (Bar 2010) A losing candidate in the last previous
An acting appointment is merely temporary. election cannot be appointed to any of the
It cannot become permanent unless a new, Constitutional Commissions. This
permanent appointment is made. (Bar 2003, disqualification does not extend to the
Marohambsar v. ALonto) appointment of Directors of GOCCs.

7. REQUIREMENT OF CONFIRMATION 9. NEPOTISM (2008, 2010)


BY COA (1999, 2002) General Rule: The Civil Service Decree (PD 807)
prohibits all appointments in the national and
The appointment of the ff. requires confirmation
local governments or any branch or
by COA:
instrumentality thereof made in favor of the
a) The heads of the executive departments,
b) Ambassadors, relative of:
(1) Appointing authority;
c) Other public ministers and consuls, or
(2) Recommending authority;
d) Officers of the armed forces from the rank of
(3) Chief of the bureau office; or
colonel or naval captain, and
(4) Person exercising immediate supervision
e) Other officers whose appointments are
vested in him in this Constitution. over the appointee.

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Relative is one who is related within the tenure of the prior appointee to the contested
third degree of either consanguinity or of position had already attached.
affinity
In the last two cases, it is immaterial who the 12. DESIGNATION/APPOINTMENT OF
appointing or recommending authority is. ELECTIVE OFFICIAL AS APPOINTIVE
Therefore, it is no defense that one is not OFFICIAL, EFFECT. (1995, 2002)
related to the appointing authority so long as
The acceptance of an appointment is a
the appointee is the chief of the bureau office
forfeiture of the elective position the official
or the person exercising immediate
holds.
supervision over the appointee.[Bar 2009,
2010, CSC v. Dacoycoy(1999)] 13. APPOINTMENT OF OFFICIALS TO
Exceptions to rule on nepotism: MULTIPLE POSITIONS (2002)
(1) Persons employed in a confidential capacity This is generally not allowed, except when such
(2) Teachers officials can hold other offices when allowed by
law or when the primary functions of their
(3) Physicians
positions requires it. However, they cannot
(4) Members of the Armed Forces of the receive any additional compensation. (CLU v.
Philippines Exec Sec)

10. NEXT-IN-RANK RULE (1994) 14. SECURITY OF TENURE (1999)


It means that no officer or employee in the Civil
The person next in rank shall be given Service shall be suspended or dismissed except
for cause as provided by law and after due
PREFERENCE in promotion when the
process.
position immediately above his is vacated.
BUT the appointing authority still exercises 15. WHAT IS INCLUDED IN CAREER
discretion and is not bound by this rule,
SERVICE? WHAT CHARACTERIZES IT?
although he is required to specify the special
reason or reasons for not appointing the (1999)
officer next-in-rank. Characterized by entrance
I. As far as practicable, by competitive
Thus, the officer next in rank cannot
examinations, OR
challenge the appointment of someone else
II. Based on highly technical qualifications;
to fill a vacancy citing this rule.(1994)
with opportunity for advancement to
higher career positions and
11. POWER OF THE CSC TO DICTATE
III. Security of tenure.
WHOM TO APPOINT.(1994)
Includes:
The CSC has no power to dictate who to (a) Open career positions Where prior
appoint. Neither can it replace an appointee qualification in an appropriate examination
with its choice. Its function is limited to is required.
determining whether or not the appointee (b) Closed career positions e.g. scientific or
meets the minimum qualifications for the highly technical in nature;
position. (Luego v. CSC) (c) Career Executive Service
However, the CSC does have authority to - e.g.undersecretaries, bureau directors
revoke the appointment of the successful (d) Career Officers Other than those
protestant when the right to security of belonging to the Career Executive Service

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who are appointed by the President, e.g. 16. DOCTRINE OF CONDONATION


those in the foreign service (2000)
(e) Positions in the AFP although governed by a A public official cannot be removed for
different merit system administrative misconduct committed during a
(f) Personnel of GOCCs with original charters prior term, since his re-election to office
(g) Permanent laborers, whether skilled, semi- operates as a condonation of the officer's
skilled or unskilled. previous misconduct to the extent of cutting off
the right to remove him therefor. The foregoing
rule, however, finds no application to criminal
cases, as these are violations against the state
itself. Aguinaldo v. Santos

17. GOCCS, UNDER CIVIL SERVICE?


(2003)
Only if organized under original charters.

18. DISQUALIFICATIONS OF PUBLIC OFFICIALS (2004)


Position Disqualification
President, VP, and Members of Cabinet Shall not hold any other office or employment
during tenure, unless provided in Consti.
Senator or Member of HOR May not hold any other office or employment in
the Government, any subdivision, agency or
instrumentality thereof, including GOCCs

May not hold any office created or whose


emoluments were increased during his term
SC and other courts Shall not be designated to any agency performing
quasi-judicial or administrative functions.
Members of Concomms, and the Ombudsman Shall not hold any other office or employment
and his deputies during tenure.
Presidents spouse and relatives by consanguinity shall not be appointed during Presidents tenures
or affinity within the 4th civil degree. as members of the Concomms, the Ombudsman,
or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including GOCCs.

19. BYPASSED AD INTERIM 20. HOLDOVER PRINCIPLE (2010)


APPOINTMENT (2005) In the absence of an express or implied
The prohibition against reappointment ad constitutional or statutory provision to the
interim does not apply to a bypassed ad interim contrary, an officer is entitled to hold his office
appointment. As such appointment had not until his successor is appointed or chosen and
finally been disapproved by the COA, it has been qualified. (Topacio v. Angeles)
continues. (Matibag v. Benipayo)

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II. Election Law a. If the decision becomes final after the


term, its not an interruption. (asked
2008, Ong v. Alegre)
1. IS AN ELECTIVE OFFICIAL, 4) Interruption for only a short time, not for the
RUNNING FOR ANY OFFICE OTHER majority of the term (Socrates v. Comelec)
THAN THE ONE HE IS HOLDING IN A NB. The ff. are not interruptions:
PERMANENT CAPACITY, EXCEPT FOR 1) Abolition of an elective local office does not
PRESIDENT AND VICE-PRESIDENT, by itself work to interrupt the continuity of
CONSIDERED IPSO RESIGNED? (BAR service. (Latasa v. Comelec)
1995, 2002, 2003) 2) Preventive suspension. (Aldovino Jr. v
No. while there is a provision to that effect in Comelec)
the Omnibus Election Code (Sec.67), it has been 3) Suspension by vote of 2/3 of the HOR
expressly repealed by the Fair Elections Act. (asked 2001)
Thus, an elective official is no longer considered 4) Conversion of a municipality into a city
ipso facto resigned when he files a COC for (asked 2005, Latasa v. Comelec)
another position. 5) Loss in an election protest, if the decision
becomes final after the term.
2. HOW ABOUT AN APPOINTIVE
OFFICIAL? (BAR 1995, 2002)
He is ipso facto considered resigned upon filing 4. CITIZENSHIP AS A REQUIREMENT
a certificate of candidacy. FOR CANDIDACY (1987, 1988, 1999,
3. WHEN DOES THE THREE TERM 2003, 2004, 2005, 2006, 2009)
A candidate must be a Filipino citizen to be
LIMIT APPLY? WHEN DOES THE eligible for candidacy to any elective office.
THREE TERM LIMIT NOT APPLY? This requirement can lead to the following
(2001, 2005, 2008, 2010) issues:
1) Natural-born citizenship is required for
In general, the three term limit applies to
elective local officials. As the name implies, Presidential, Vice-Presidential, Senatorial,
such officials may only serve a maximum of 3 and House of Representative Candidates,
consecutive terms. However, any interruption in but not local government officials. Dovetail
the three terms, whether voluntary or with discussion on citizenship. (1987, 1988,
involuntary, precludes the application of the 1990,1993, 2003,2006, 2009)
rules. That includes the failure to fully serve a 2) Dual citizenship is not the same as dual
term.
allegiance. (1987, 1988, 1994)
Jurisprudence gives the ff. non-exclusive
list of circumstances that do not violate the 3- a. Dual Citizenship arises when, as a
term limit. Be on the lookout for them: (List result of the concurrent application
from Abundo v. Comelec) of the different laws of two or more
1) Recall (Sandoval v. Comelec) (Asked 2010) states, a person is simultaneously
2) Succession (Montebon v Comelec, Borja v. considered a national by the said
Comelec) states. Such a person, ipso facto
3) Loss in an election process when the and without any voluntary act on his
decision becomes final during the term. part, is concurrently considered a
(Lonzanida v Comelec) citizen of both states.
b. Dual allegiance, on the other hand,
refers to the situation in which a

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person simultaneously owes, by 1. any Board of Election Inspectors in


some positive act, loyalty to two or the political subdivision where he is
more states. While dual citizenship a candidate or
is involuntary, dual allegiance is the 2. with the COMELEC if it is a national
result of an individuals volition. The position [Sec. 77, B.P. 881]
phrase dual citizenship in the LGC denial of due course and cancellation of a
and in RA 7854 must be understood COC is not one of the cases when a candidate
as referring to dual allegiance. may be substituted (asked 2009, Miranda v.
c. Consequently, persons with mere Abaya)
dual citizenship do not fall under
this disqualification 6. FAILURE OF ELECTIONS (1995)
3) A naturalized person loses his Philippine No additional certificates of candidacy shall be
citizenship, and thus is disqualified from allowed in cases of postponement or failure of
running. (1992) election. (Sec. 75, OEC)
4) However, if he chooses to be repatriated, he
regains his citizenship, and once more is a 7. RULES ON APPRECIATION OF
natural-born Filipino citizen. (asked 2002, BALLOTS (1994)
2003, Bengzon v. HRET) General Rule: All Ballots will be considered
5) The citizenship must be held at the time of valid unless there is clear and good reason to
his proclamation and the start of his term. justify its rejection
(2005, Frivaldo v. Comelec) Exceptions are found in Sec. 211 of the Code.
However, the ff. rules were asked in 1994, just
5. SUBSTITUTION OF CANDIDATE
once. :
(1995, 2008, 2009) 1. A name or surname incorrectly written
General Rule: Not allowed which, when read, has a sound similar to
Exception: After the last day for filing of the the name or surname of a candidate when
certificates of candidacy, an official candidate of correctly written shall be counted in his
a registered political party dies, withdraws or is favor;
disqualified for any cause, he may be
substituted by a candidate belonging to and 2. Ballots which contain prefixes such as "Sr.",
nominated by the same political party. "Mr.", "Datu", "Don", "Ginoo", "Hon.",
However: "Gob." or suffixes like "Hijo", "Jr.",
No substitute shall be allowed for any "Segundo", are valid.
independent candidate. [Recabo, Jr. v.
3. Any vote in favor of a person who has not
COMELEC (1999)]
filed a certificate of candidacy or in favor of
The substitute must file his certificate of
a candidate for an office for which he did
candidacy not later than mid-day of the
not present himself shall be considered as a
election day.
stray vote but it shall not invalidate the
If the death, withdrawal or
whole ballot.
disqualification should happen between
the day before the election and mid-day
of the election day, certificate may be
filed with:

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8. PROCEEDINGS UNDER THE OMNIBUS ELECTION CODE (1991, 1993, 1996 2009)
Petition for deny due
Petition for
course or to cancel a Pre-proclamation controversy
disqualification
COC
Governing
Sec. 68 Sec. 78 Secs. 241-248
Provision
Grounds 1. Giving money or 1. Material 1. Illegal composition or
other material representation in the proceedings of the board of
consideration to Certificate of canvassers;
influence, induce or Candidacy that is 2. The canvassed election
corrupt the voters or false returns are incomplete,
the public officials contain material defects,
performing electoral appear to be tampered with or
functions. falsified, or contain
2. Committing acts of discrepancies in the same
terrorism to enhance returns or in other authentic
his candidacy copies thereof as mentioned
3. Spending in his in
election campaign Sections 233, 234, 235 and 23
an amount in excess 6 of this Code;
of that allowed by 3. The election returns were
this code prepared under duress,
4. Soliciting, threats, coercion, or
receivingor making intimidation, or they are
any contribution obviously manufactured or
prohibited under not authentic; and
Secs. 89, 95, 96, 97 4. When substitute or fraudulent
and 104, returns in controverted polling
5. Violating any of Secs. places were canvassed, the
80, 83,85,86 and results of which materially
261, paragraphs affected the standing of the
d,e,k, v and cc. aggrieved candidate or
candidates.
Effect if Prohibition to continue Not treated as a Suspension of proclamation of
granted as a candidate candidate at all, as if he candidate. May lead to annulling
never filed a COC proclamation.
Prescriptive Any day after the last 5 days from last daye of 10 days from proclamation.
Period day of filing CoCs but filing COC.
not later than the date
of proclamation

No pre-proclamation cases allowed in elections for President, VP, Senator and Member of the HOR
(RA 7166) (Asked in 2003)
One whose pre-proclamation controversy has failed may still file an election protest (Aske 1988)

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9. PRE-PROCLAMATION CONTROVERSY V ELECTION CONTEST (1997)


Pre-proclamation controversy Election Protest
Grounds 1. Illegal composition or proceedings of Strictly a contest between the defeated
the board of canvassers; and winning candidates based on
2.The canvassed election returns are grounds of election frauds or
incomplete, contain material defects, irregularities as to who actually
appear to be tampered with or obtained the majority of the legal votes
falsified, or contain discrepancies in and therefore is entitled to hold the
the same returns or in other authentic office
copies thereof as mentioned in
Sections 233, 234, 235 and 236 of this
Code;
3. The election returns were prepared
under duress, threats, coercion, or
intimidation, or they are obviously
manufactured or not authentic; and
4.When substitute or fraudulent returns
in controverted polling places were
canvassed, the results of which
materially affected the standing of the
aggrieved candidate or candidates.
Who may file Any person Can only be filed by a candidate who
has duly filed a certificate of candidacy
and has been voted for

Effect if granted Suspension of proclamation of A protestee may be ousted and the


candidate. May lead to annulling protestant seated in the office vacated
proclamation.
Prescriptive 10 days from proclamation. 10 days from proclamation.
Period

10. ELECTION PROTEST V. QUO WARRANTO (2001, 2006, 2009)


Election Protest Quo Warranto
Strictly a contest between the defeated and Refers to questions of disloyalty or ineligibility of
winning candidates based on grounds of election the winning candidate. It is a proceeding to
frauds or irregularities as to who actually unseat the ineligible person from office, but not
obtained the majority of the legal votes and to install the protestant in place
therefore is entitled to hold the office
Can only be filed by a candidate who has duly Can be filed by any voter. It is not considered a
filed a certificate of candidacy and has been contest where the parties strive for supremacy
voted for
A protestee may be ousted and the protestant While the respondent may be unseated, the
seated in the office vacated petitioner will not be seated

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Allegations of terrorism and vote buying abrogated the ruling in Labo. Under this
cannot be raised in a pre-proclamation latter case, a 2nd placer is not precluded
controversy, but must be raised in an election from being declared the winner. In that
protest. (1987, Sanchez v. Comelec) case, it was held that the doctrine in Labo
The acceptance of an appointment by the was actually just an obiter. The SC added
protestee, or any other act that would mean a that the number of votes obtained by a
forfeiture of the elective office, renders the candidate cannot cure the ineligibility of the
protest moot and academic (1990) candidate.
(c) However, the SC went on to say that the
11. WHAT IS THE EFFECT IF A disqualifying circumstance involved his
CANDIDATE IS DISQUALIFIED, BUT election offenses. . It does not involve the
SUBSEQUENTLY WINS THE commission of election offenses. As the
winner in that case was barred from even
ELECTION? (BAR 1990, 1991,1992, becoming a candidate, his certificate of
1996, 2003, 2005) candidacy is rendered void from the
The answer is based on conflicting beginning. Being a non-candidate, the votes
jurisprudence. Under both doctrines, a a cast in his favor should not have been
candidate who has been disqualified never
became a candidate. counted.
(a) The traditional answer is found in Labo Jr., i. This last portion of the case seems
v. COMELC. Under this doctrine, the 2nd to qualify it only for cases where the
placer was not elected by the voting public. disqualification was due to lack of
Thus, he cannot be considered a winner. qualifications. However, Labo was
The net effect is that the order of succession expressly overturned. If the question
applies. A vice-mayor elect becomes a involves foreign citizenship, its
mayor, the 1st councilor becomes vice- straightforward. If not, qualify to be
mayor, and so on. safe.
(b) However, under Maquiling v. COMELEC
(2013), the Supreme Court expressly

12. REQUIREMENTS FOR CANDIDACY


President/VP Senator Congressman Local Officials
Citizenship Natural-born Filipino Filipino
Registered Yes.
voter?
Can read and Yes. No further educational requirements allowed.
write?
Age on 40 35 25 23 for governor,
election day vice-governor,
sangguniang
panlalawigan,
mayor, vice-mayor,
sangguniang
panlungsod of
highly-urbanize
cities.

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21 for mayor or vice


mayor of integrated
component city,
component city or
municipality.

18 for all other


posts, except

15 but not more


than 18 for SK
Residence In the Philippines In the Philippines Of the district in Of the LGU in
not less than 10 not less than 2 which he is running which he is running
years before years before for not less than 1 for not less than 1
election day. election day. year before election year before election
day day.

Congress cant add any more requirements, 14. WHERE TO FILE ELECTION
like an election bond. That would be PROTESTS (1987, 1989, 1990, 1996)
tantamount to a property requirement and Position Where Filed
contrary to the Constitution. (Asked 2013, Barangay MTC/MeTC/MCTC
Maquerra v. Borra) Municipality RTC
Remember that the age requirement Province COMELEC
concerns the candidates age on election day, City COMELEC
not the start of his term, or the date of his HOR HRET
proclamation. (Asked 1988, 1993, 1999) Senate SET
President/Vice-
As for residence, the issuance of a green card President
SC en banc
is proof that the holder is a permanent
resident of the USA, and thus the holder is 15. ALLOCATION OF PARTY-LIST
not a resident of the Philippines. That is,
REPRESENTATIVES (2007)
unless he makes a waiver manifested by an
1. 20% ALLOCATION
act independent of the filing of a certificate of
The combined number of all party-list
candidacy (1993, Caasi v. CA) congressmen shall not exceed 20% of the
total membership of the House of
13. EFFECT OF PARDON (1991) Representatives, including those elected
General Rule: Pardon will not restore the right under the party-list.
to hold public office. (Art. 36, Revised Penal
Code) 2. 2% THRESHOLD
Exceptions: Only those parties garnering a minimum of
(1) When the pardons terms expressly restores 2% of the total votes cast for the party-list
such(Art. 36, RPC); system shall be entitled to one guaranteed
(2) When the reason for granting pardon is non- seat each.
commission of the imputed crime. [Garcia v.
Chairman, COA (1993)] 3. PROPORTIONAL REPRESENTATION
The additional seats shall be computed in
proportion to their total number of votes.

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4. 3- SEAT LIMIT
Each party, regardless of the number of
votes it actually obtained, is entitled to a 16. PREMATURE CAMPAIGNING
maximum of 3 seats; one qualifying and 2 (2012)
additional seats.
In computing the allocation of General Rule: Any election campaign or
additional seats, the continued operation of partisan political activity for or against any
the 2% threshold for the distribution of candidate outside of the campaign period is
the additional seats as found in the second prohibited and shall be considered as an
clause of Sec. 11(b) of R.A. 7941 which election offense. [Sec. 80, B.P. 881
provides that those garnering more than Qualification:
2% of the votes shall be entitled to If a person is not yet a candidate, he cannot
additional seats in proportion to their total be guilty of premature campaigning. Thus, if
number of votes is unconstitutional. The he has not yet filed a COC, he cant
2% threshold frustrates the attainment of prematurely campaign. (asked 2012, Lanot v.
the permissive ceiling that 20% of the COMELEC)
members of the HR shall consist of party-
Further, under RA 9369, one cannot be
list representatives. [Banat vs. Comelec ]
considered a candidate until the start of the
5. There are 2 steps in the second round of seat campaign period. (Penera v. Comelec, 2009)
allocation:
(1) The percentage of votes garnered by each 17. QUO WARRANTO IN ELECTIVE
party-list candidate is multiplied by the OFFICE AND QUO WARRANTO IN
remaining available seats. The whole
integer of the product corresponds to a
APPOINTIVE OFFICE (2012)
partys share in the remaining available Quo warranto Quo warranto in
seats in elective office appointive office
Issue Eligibility or Legality of the
Formula for remaining available seats = loyalty of the appointment
(No. of seats available to party-list officer-elect
representatives) x Guaranteed seats of the Effect Court only Court determines
two-percenters declares who between the
Formula for percentage of votes garnered by elected official parties is entitled
each party-list candidate = not eligible. to take office.
(No. of votes garnered by each party Total Protestant not
no. of votes cast for party-list candidates) declared as
having been
(2) Assign one party-list seat to each of the elected
parties next in rank until all available seats
are completely distributed.

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POLITICAL LAW
PUBLIC INTERNATIONAL
LAW

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I. Concepts III. Sources


Public International Law is a body of principles, PRIMARY SOURCES
norms and processes which regulate the (1) Conventional International Law:
relations of States and other international International conventions, whether general
persons, and governs their conduct affecting or particular, establishing rules expressly
the interests of the international community of recognized by the contracting states
States as a whole. (Treaties);
(2) Customary International Law: International
A. OBLIGATIONS ERGA OMNES custom, as evidence of a general practice
Obligations of a State towards the accepted as law;
international community as a whole, which are (3) General Principles of Law: General
the concern of all States and for whose principles of law recognized by civilized
protection all States have a legal interest. nations. [ICJ Statute, art. 38(1)(a)-(c)]
[Barcelona Traction Case (ICJ, 1970)] (e.g.
Prohibition on acts of aggression) SUBSIDIARY SOURCES
Judicial decisions and teachings of the most
B. JUS COGENS highly qualified publicists of the various nations.
A preemptory norm which States cannot [ICJ Statute, art. 38(1)(d)]
derogate or deviate from in their agreements.
(e.g. Prohibition against the use of force) While the primary sources create law, the
subsidiary sources constitute evidence of what
C. CONCEPT OF EX AEQUO ET BONO the law is.
Literally meaning what is equitable and good,
it is a standard that a court may apply to decide A. TREATY
a case when the parties to the dispute so agree. Treaty an international agreement concluded
In effect, the judgment will not be on the basis between States in written form and governed by
of the sources of international law, but on the international law, whether embodied in a single
grounds of fairness and justice. instrument or in two or more related
instruments and whatever its particular
designation" [Art.2(1), Vienna Convention on the
II. International and Law of Treaties (VCLOT)]

National Law B. CUSTOMARY INTERNATIONAL


Municipal or National Law deals with the
LAW
conduct or status of persons within a state.
Customary International Law Norms of
Public International Law prescribes rules and
international law are those that result from a
processes that govern the relations of states
general and consistent practice of states which
with each other, and the rights of other entities
they follow under a sense of legal obligation.
insofar as they implicate the community of
states.
Unlike treaties, customary norms are legally
binding upon states regardless of whether they
consent, subject to the Persistent Objector rule.

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a. ELEMENTS: sovereignty] [Montevideo Convention (1933),


(1) State Practice art. 1]
(2) Opinio juris sive necessitatis
B. MODES OF ACQUIRING
C. GENERAL PRINCIPLES OF LAW TERRITORIAL SOVEREIGNTY
General Principles of Law Refer to those (1) Occupation;
general principles in municipal law (particularly
(2) Accession or accretion;
those of private law) that may be appropriated (3) Cession; and
to apply to the relations of states. [Oppenheim]
(4) Prescription.

IV. Subjects C. GOVERNMENTS DE FACTO & DE


Subjects of International Law refer to entities: JURE
(1) Capable of possessing international rights and Government de jure: government from law,
duties; and that is, one with a color of legitimacy.
(2) Having the capacity to maintain these rights by
Government de facto: one that governs
bringing international claims [Reparations for
without a mandate of law. So long as it is in
Injuries Advisory Opinion (1949)]
place, it may command obedience from the
A State is a quintessential example of a subject of inhabitants of the occupied area.
international law.
The establishment of a de facto government
WHO/WHAT ARE THE SUBJECTS does not by itself abolish all laws and structures
(1) States established by the deposed government. Only
(2) International organizations
laws of political nature affecting political
(3) Individuals
relations are suspended ipso facto; laws that
enforce public order and regulate social and
OBJECTIVE AND SPECIAL
commercial life remain in effect unless they are
PERSONALITY changed by the de facto sovereign. Conversely,
Objective (general) international personality the re-establishment of the de jure government
exists wherever the rights and obligations of does not void the acts of the preceding de facto
an entity are conferred by general government.
international law (e.g. states).
Special (particular) international personality ON RECOGNITION
exists where an entity is established by An act by which a state acknowledges the
particular states for special purposes. existence of another state, government or
belligerent community and indicates
A. STATES willingness to deal with the entity as such under
A.1. Elements of Statehood: international law. The prevailing view
(a) a permanent population; (Declaratory School) is that recognition is not
(b) a defined territory; essential to statehood.
(c) government; and
(d) capacity to enter into relations with the
other states [N.B. In Philippine literature,
shortened as independence and

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B. INTERNATIONAL ORGANIZATIONS (3) DIPLOMATIC CORPS: COLLECTIVITY OF ALL


General rule: special personality: The status and DIPLOMATIC ENVOYS ACCREDITED TO A STATE.
powers of an international organization is
determined by agreement and not by general or RE: DIPLOMATIC CORPS
customary international law. They are COMPOSED OF:
considered subjects of international law if their (1) Head of Mission classified into:
legal personality is established by their (a) Ambassadors or nuncios accredited to
constituent instrument. Heads of State, and other heads of
b. mission of equivalent rank;
c. EXCEPTION: UNITED NATIONS: THE (b) Envoys, Ministers and Internuncios
UNITED NATIONS HAS OBJECTIVE accredited to Heads of State;
INTERNATIONAL PERSONALITY. ITS (c) Charges daffaires accredited to
PERSONALITY IS BINDING ON THE Ministers of Foreign Affairs.
WHOLE INTERNATIONAL COMMUNITY, (2) Diplomatic Staff those engaged in
INCLUDING STATES WHO ARE NOT UN diplomatic activities and are accorded
MEMBERS. [REPARATIONS FOR diplomatic rank.
INJURIES ADVISORY OPINION (ICJ, (3) Administrative and Technical Staff those
1949)] employed in the administrative and
technical service of the mission.
C. INDIVIDUALS (5) Service Staff those engaged in the
Special personality: Individuals may assume the domestic service of the mission [Nachura]
status of subjects of international law only on
the basis of agreement by states and in specific B. DIPLOMATIC IMMUNITIES AND
context (e.g. under the International Criminal PRIVILEGES
Court [Rome Statute]), not in accordance with d. [N.B. ASKED 9 TIMES IN THE BAR]
general or customary international law. B.1. PERSONAL INVIOLABILITY:
e. 2 ASPECTS:
V. Diplomatic and (1) The duty of the receiving State to refrain from
exercising its sovereign rights, in particular
Consular Law law enforcement rights against the diplomat;
Diplomatic Intercourse, also referred to as the and
Right of Legation is the right of the State to (2) The duty to treat him with due respect and
send and receive diplomatic missions, which protect his person, freedom or dignity from
enables States to carry on friendly intercourse. physical interference by other persons.
General rule: The diplomatic representative
shall not be liable to any form of arrest or
A. AGENTS OF DIPLOMATIC
detention.
INTERCOURSE
Exception: The diplomatic envoy may be
(1) HEAD OF STATE: REPRESENTS THE SOVEREIGNTY
arrested temporarily in case of urgent
OF THE STATE, AND ENJOYS THE RIGHT TO SPECIAL
danger, such as when he commits an act of
PROTECTION FOR HIS PHYSICAL SAFETY AND THE
violence which makes it necessary to put
PRESERVATION OF HIS HONOR AND REPUTATION.
him under restraint for the purpose of
(2) FOREIGN OFFICE: BODY ENTRUSTED WITH THE
preventing similar acts. [Diplomatic and
CONDUCT OF ACTUAL DAY-TO-DAY FOREIGN
Consular Staff in Tehran Case (ICJ, 1980)].
AFFAIRS

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f. Exceptions:
B.2. INVIOLABILITY OF PREMISES AND (1) A real action relating to private immovable
ARCHIVES property situated in the territory of the
g. 2 ELEMENTS: receiving state, unless he holds it in behalf of
(1) The duty of the receiving State to refrain from the sending state for the purposes of the
entering the premises, except with the mission.
consent of the head of the mission; and (2) An action relating to succession in which the
(2) The special duty of the receiving state to diplomatic agent involved as executor,
protect the premises against any intrusion or administrator, heir or legatee as a private
damage and to prevent any disturbance of person and not on behalf of the sending
the peace of the mission or impairment of its state.
dignity. (3) An action relating to any professional or
commercial activity exercised by the
B.3. RIGHT OF OFFICIAL diplomatic agent in the receiving state
COMMUNICATION outside his official functions. [Art. 31(1),
The envoy is entitled to fully and freely VCDR]
communicate with his government.
(1) The receiving state shall permit and protect B.5. WHO ARE THE PERSONS ENTITLED
free communication on the part of the TO IMMUNITY FROM JURISDICTION?
mission for all official purposes. (1) Diplomatic agent
(2) The mission may employ all appropriate (2) Members of the family of the diplomatic
means to send and receive messages by any agent forming part of his household, who
of the usual modes of communication or by are not nationals of the receiving State
diplomatic courier, which shall enjoy (3) As to criminal jurisdiction, members of the
inviolability; administrative and technical staff of the
(3) The official correspondence of the mission is diplomatic mission, as well as members of
inviolable; and their families forming part of their
(4) The diplomatic bag shall not be opened or respective households, who are not
detained. [Art. 27, VCDR] nationals of or permanent residents in the
receiving state. But as to civil and
B.4. IMMUNITY FROM LOCAL administrative jurisdiction, immunity shall
JURISDICTION not extend to acts performed outside the
i. As to criminal jurisdiction course of their duties; and
A diplomatic agent enjoys immunity from (4) Members of the service staff of the
criminal jurisdiction of the receiving State. [Art. diplomatic mission, who are not nationals of
31, VCDR] He may not be arrested, prosecuted, or permanent residents in the receiving
prosecuted or punished for any offense he may state, with respect to acts performed in the
commit, unless his immunity is waived. course of their duties. [Art. 37, VCDR]

ii. As to civil and administrative jurisdiction


The diplomatic agent also enjoys immunity from
the civil and administrative jurisdiction of the
receiving State, even with respect to his private
life. [Art. 31, VCDR];

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B.6. DURATION OF IMMUNITIES AND (2) They shall not be committed to prison nor
PRIVILEGES be subject to any other form of restriction to
These privileges are enjoyed by the envoy from personal freedom, except in the case of
the moment he enters the territory of the grave crime pursuant to a decision of
receiving State, and shall cease when he leaves competent judicial authority, or in the
the country. With respect to official acts, execution of a final judicial decision. [Sec. 41,
immunity shall continue indefinitely. VCCR]

Waiver of Immunities ii. Scope of Immunity from Local Jurisdiction


Diplomatic privileges may be waived. Such General rule: Consular officers and employees
waiver may be made only by the government of are entitled to immunity from the jurisdiction of
the sending State if it concerns the immunities administrative and judicial authorities in the
of the head of the mission. In other cases, the receiving state.
waiver may be made either by the government Exceptions: This immunity shall not apply to a
or by the chief of the mission. civil action either:
(1) Arising out of a contract by a consular
B.7. CONSULAR RELATIONS officer or employee, which he did not
Consuls are State agents residing abroad for conclude expressly or impliedly as an agent
various purposes but mainly: of the sending state; or
(1) in the interest of commerce and navigation, (2) By a third party for damage arising from an
(2) issuance of visa (permit to visit his country), and accident caused by vehicle, vessel or aircraft
(3) such other functions as are designed to protect in the receiving state. [VCCR, art. 43]
nationals of the appointing State.

h. RANKS
(1) Consul General: heads several consular districts,
or one exceptionally large consular district
(2) Consul: in charge of a small district or town or
port
(3) Vice Consul: assists the consul
(4) Consular agent: one entrusted with the
performance of certain functions by the consul
i.
B.8. CONSULAR IMMUNITIES AND
PRIVILEGES
(1) Freedom of communication;
(2) Inviolability of archives;
(3) Inviolability of premises;
(4) Personal inviolability of consular officials;
(5) Immunity from local jurisdiction
i. Scope of Personal Inviolability
(1) They are not liable to arrest or detention
pending trial, except in case of a grave
crime and pursuant to a decision of a
competent judicial authority.

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VI. Treaties C. TREATY-MAKING PROCESS


(1) NEGOTIATION
A 'treaty' is: (2) ADOPTION
(1) an international agreement (3) AUTHENTICATION
(2) concluded between States (4) EXPRESSION OF CONSENT
(3) in written form and (5) REGISTRATION
(4) governed by international law,
(5) whether embodied in a single instrument or
D. DOCTRINE OF TRANSFORMATION
in two or more related instruments and
In Philippine Law, treaties have to be
(6) whatever its particular designation [Art.2(1),
transformed in order to be part of Philippine law.
Vienna Convention on the Law of Treaties or
A treaty is transformed when a treaty is
VCLOT]
ratified by the President and concurred in by the
Senate. Afterwards, a treaty shall be deemed as
A. DISTINCTIONS UNDER PHILIPPINE
if legislated by our Legislature. (See Guerrero
LAW Transport Services v. Blaylock Transport Services)
Executive
Treaty
agreements
E. RESERVATIONS
Subject matter
A unilateral statement made by a state upon
(1) Political issues, (2) (1) Transitory
entering a treaty whereby it purports to exclude
changes in national effectivity, (2) adjusts
policy, (3) involves details to carry out or modify the legal effect of certain provision/s of
agreements of a well-established the treaty in their application to the reserving
permanent character national policies and state [Art.19. VCLOT]. Generally allowed.
traditions, (3)
temporary, (4)
implements treaties, F. GROUNDS FOR TERMINATION
statutes, policies (1) Expiration of the term, or withdrawal of a
Ratification party in accordance with the treaty;
Requires concurrence Does not require (2) Extinction of a party to the treaty, when the
by the two-thirds (2/3) concurrence by treaty rights and obligations would not
of the Senate to be Senate to be binding
devolve upon the successor-state;
valid and effective
[CONST. art. VII, sec. (3) Mutual agreement of parties;
21] (4) Denunciation or desistance by a party;
(5) Supervening impossibility of performance;
B. REQUISITES FOR VALIDITY (6) Conclusion of a subsequent inconsistent
(1) TREATY MAKING CAPACITY treaty;
(2) COMPETENCE OF THE REPRESENTATIVE/ORGAN (7) Loss of subject matter;
MAKING THE TREATY (8) Material breach or violation of treaty
(3) PARTIES MUST FREELY GIVE CONSENT (9) Fundamental Change of Circumstance
(4) OBJECT AND SUBJECT MATTER MUST BE LAWFUL (similar to the customary norm of rebus sic
(5) RATIFICATION IN ACCORDANCE WITH THE stantibus)
CONSTITUTIONAL PROCESS OF THE PARTIES (10) Outbreak of war between the parties, unless
CONCERNED the treaty relates to the conduct of war (ex.
The Four Geneva Conventions).
(11) Severance of diplomatic relations (if such
relationship is indispensable for the treatys

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application). Multiple Nationality acquired as the result of


(12) Jus Cogens Application: Emergence of a new the concurrent application to an individual of
peremptory norm of general international the conflicting municipal laws of two or more
law which renders void any existing, states claiming him as their national
conflicting treaty.
A.1.3. PRINCIPLE OF EFFECTIVE
j. NOTE: REQUISITES OF FUNDAMENTAL NATIONALITY
CHANGE IN CIRCUMSTANCES Within a third state, a person having more than
(1) Change is so substantial that the one nationality shall be treated as if he had only
foundation of the treaty has altogether one. The third state shall recognize conclusively
disappeared in its territory either the nationality of the
(2) Change was unforeseen or unforeseeable at country in which he is habitually and principally
the time of the treatys perfection present or the nationality of the country with
(3) Change was not caused by the party which he appears to be in fact most closely
invoking the doctrine connected. The courts of third states resolve the
(4) Doctrine was invoked within a reasonable conflict by having recourse to international
time criteria and their prevailing tendency is to prefer
(5) Treatys duration is indefinite the real and effective nationality. [Nottebohm
(6) Doctrine cannot operate retroactively (it Case (ICJ, 1955)]
must not adversely affect provisions which
have already been complied with prior to A.1.4. LOSS OF NATIONALITY
the vital change) k. I. VOLUNTARY
(1) Renunciation (express or implied)
VII. Nationality and (2) Request for release

Statelessness l. II. INVOLUNTARY


(1) Forfeiture as a result of some
A. NATIONALITY
disqualification or prohibited act
Nationality the tie that binds and individual to
(2) Substitution of one nationality for another
his state, from which he can claim protection
and whose laws he is obliged to obey. It is
membership in a political community with all its
B. STATELESSNESS
concomitant rights and obligations. The condition or status of an individual who is
born without any nationality or who loses his
nationality without retaining or acquiring
A.1 ACQUISITION
another.
A.1.1. BY BIRTH
(1) Jus soli nationality of the state where he is
born
(2) Jus sanguinis nationality of his parents

A.1.2. BY NATURALIZATION
A process by which a foreigner acquires,
voluntarily or by operation of law, the
nationality of another state

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B.1. THE UNIVERSAL DECLARATION OF A. ELEMENTS


HUMAN RIGHTS: There is an internationally wrongful act of a
(1) Everyone has the right to a nationality. state when the conduct consisting of an action
(2) No one shall be arbitrarily deprived of his or omission:
nationality nor denied the right to change (1) Is attributable to the State under
his nationality. international law; and
(2) Constitutes a breach of an international
B.2. CONVENTION RELATING TO THE obligation of a State. [ASR, art. 2].
STATUS OF STATELESS PERSONS (1954)
A stateless person is entitled to, among others, B. CONSEQUENCES OF STATE
the right to religion and religious instruction, RESPONSIBILITY
access to courts, elementary education, public (1) Duty to cease the act
relief and assistance and rationing of products (2) Duty to make reparations
in short supply, as well as treatment of no less
favorable than that accorded to aliens. (N.B. C. FORMS OF REPARATION
The Philippines is a state party to this (1) Restitution: to re-establish the situation
Convention as of 2011) which existed before the wrongful act was
committed
B.3. CONVENTION ON THE REDUCTION (2) Compensation: insofar as such damage is
OF STATELESSNESS (1961) not made good by restitution
For the purpose of assigning nationality, a (3) Satisfaction: insofar as it cannot be made
foundling shall be considered to have been born good by restitution or compensation; may
in the State where it was found and from consist in an acknowledgement of the
parents of that State's nationality. That breach, an expression of regret, a formal
presumption may be displaced by proof to the apology or another appropriate modality.
contrary. (Art. 2) (N.B. The Philippines is not a
signatory or state party to this Convention as of
2015)
IX. Jurisdiction of States
The power of a State under international law to
govern persons and property by its municipal
VIII. State Responsibility law. This may be criminal or civil, and may be
DOCTRINE OF STATE exclusive or concurrent with other States.
[Harris]
RESPONSIBILITY
It is a set of principles for when and how shall
become responsible for breaches of
A. PRINCIPLES OF STATE
international obligation and who shall be held JURISDICTION
responsible for such. Every internationally (1) Territoriality Principle: Jurisdiction is
wrongful act of a State entails the international determined by reference to the place where
responsibility of that State [Articles on State the act occurred or was committed
Responsibility (ASR), art. 1; N.B. portions of the (2) Nationality Principle: A court has jurisdiction
ASR codify customary international law on if the offender is a national of the forum
State responsibility.] State
(3) Protective Principle: A court is vested with
jurisdiction if a national interest or policy is
injured or violated

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(4) Universality Principle: Jurisdiction is asserted


with respect to acts considered committed
X. Treatment of Aliens
against the whole world, like piracy. [People General Rule: An alien cannot claim a preferred
v. Lo-lo and Saraw( 1922)] position vis-a-vis the national of the state.
(5) Passive Personality Principle: A court has
jurisdiction if the victim of the act is a A. STATE RESPONSIBILITY WITH
national of the forum State. [S.S. Lotus REGARD TO TREATMENT OF ALIENS
Case] A state may be held responsible for
(6) Conflicts of jurisdiction: where a dispute can (1) an international delinquency
be brought entirely or partly before two or (2) directly or indirectly imputable to it
more states. (3) which causes injury to the national of
another state
B. DOCTRINE OF STATE IMMUNITY m.
It refers to a principle by which a State, its A.1. CONDITIONS FOR THE
agents, and property are immune from the ENFORCEMENT
jurisdiction of another State [Magallona]. This (1) Exhaustion of local administrative remedies
principle is premised on the sovereign equality (2) Must be represented in the international
of states. claim for damages by his own state

The Philippines follows a Restrictive Sovereign A.2. CALVO CLAUSE


Immunity, i.e. State is immune from suits A stipulation which states that the foreign party
involving governmental actions (jure imperii), must rely exclusively on local remedies and not
but not from those arising from commercial or seek any diplomatic protection.
non-governmental activity (jure gestionis). [USA
v. Ruiz]
B. EXTRADITION
The surrender of a person by one state to
N.B. Under Philippine law, the DFAs function
another state where he is wanted for
includes the determination of persons and
prosecution or, if already convicted, for
institutions covered by diplomatic immunities.
punishment. [Cruz]
However, the DFA determination is not
Basis: Treaty between the state of refuge and
conclusive and courts are not precluded from
the state of origin.
making an inquiry into the intrinsic correctness
of such certification. [China Natl Machinery &
B.1. FUNDAMENTAL PRINCIPLES
Equipment Corp. (Group) v. Sta. Maria (2012), or
Extradition is based on the consent of the state
the Northrail Case]
of the state of asylum as expressed in a treaty or
manifested as an act of goodwill.

Principle of speciality: a fugitive who is


extradited may be tried only for the crime
specified in the request for extradition and
included in the list of offenses in the extradition.

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Rule of double criminality: The act for which the A. CLASSIFICATION


extradition is sought must be punishable in (1) First generation rights consist of civil and
both the requesting and requested states. political rights;
(2) Second generation rights consist of
B.2. PROCEDURE economic, social and cultural rights;
A request for extradition is presented (3) Third generation rights consists of the rights
through diplomatic channels to the state of to development, to peace, and to
1
refuge with the necessary papers for
environment.
identification.
The request is received by the state of
2 B. UNIVERSAL DECLARATION OF
refuge.
A judicial investigation is conducted by the HUMAN RIGHTS (UDHR)
state of refuge to ascertain if the crime is The UDHR is the first comprehensive catalogue
3 covered by the extradition treaty and if of human rights proclaimed by an international
there is a prima facie case against the
fugitive according to its own laws. organization. N.B.: The UDHR is not a treaty; as
If there is a prima facie case, a warrant of
UN GA Resolution, by itself, it is not obligatory.
4 surrender will be drawn and the fugitive will
be delivered to the state of origin. C. INTERNATIONAL COVENANT ON
n. CIVIL AND POLITICAL RIGHTS (ICCPR)
B.3. AS DISTINGUISHED FROM The ICCPR is an international covenant which
DEPORTATION embodies the first generation rights, including:
Extradition Deportation (1) The right to own property;
Effected at the Unilateral act of the (2) The right to seek in other countries asylum
request of another state from prosecution;
state
(3) The right of members of ethnic, religious or
Based on offenses Based on causes linguistic groups not to be denied to enjoy
committed in the state arising in the local
of origin state. their own culture, to profess and practice
their own religion, or to use their own
Calls for the return of An undesirable alien
the fugitive to the may be deported to a language;
requesting state state other than his (4) The right to compensation in case of
own or the state of unlawful arrest;
origin.
(5) The right to legal assistance in criminal
prosecution;
XI. International Human (6) The right against self-incrimination;
(7) Protection against double jeopardy;
Rights Law (8) Right to review by higher tribunal in case of
Human rights are those fundamental and criminal conviction;
inalienable rights which are essential for life as (9) Right of every child to nationality;
a human being. They pertain to rights of an (10) Right to protection of a child as required by
individual as a human being which are his status as a minor;
recognized by the international community as a (11) Right of persons below 18 years old not to
whole through their protection and promotion be sentenced to death for crimes;
under contemporary international law. (12) Right against the carrying out of death
sentence on the part of a pregnant woman.

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Obligation of State Parties under the ICCPR (2) Law of Geneva, which is designed to
State parties are required to take the necessary safeguard military personnel who are no
steps to adopt legislative or other measures longer taking par in the fighting and people
that are necessary to give effect to the rights not actively engaged in hostilities (i.e.
recognized in the ICCPR. civilians) (International Committee Of The
Red Cross [ICRC]).
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS (ICESCR) A. CATEGORIES OF ARMED CONFLICT
The ICESCR, like the ICCPR, is an international (1) INTERNATIONAL ARMED CONFLICTS: EXISTS
covenant which embodies second generation WHEN THERE IS RESORT TO ARMED FORCE
rights, including: BETWEEN/AMONG STATES [PROSECUTOR V.
(1) Right to health; TADIC (ICTY, 1990)]
(2) Right to strike; (2) INTERNAL OR NONINTERNATIONAL ARMED
(3) Right to be free from hunger; CONFLICT: BETWEEN GOVERNMENTAL FORCES
(4) Rights to enjoy the benefits of scientific AND NON-GOVERNMENTAL ARMED GROUPS, OR
progress; BETWEEN SUCH GROUPS ONLY
(5) Freedom for scientific research and creativity. (3) WAR OF NATIONAL LIBERATION: ARMED
CONFLICT IN WHICH PEOPLES ARE FIGHTING
o. OBLIGATION OF STATE PARTIES UNDER AGAINST COLONIAL DOMINATION AND ALIEN
THE ICESR OCCUPATION AND AGAINST RACIST REGIMES IN
State Parties are required to undertake the THE EXERCISE OF THEIR RIGHT TO SELF-
necessary steps to the maximum of its available DETERMINATION. THIS CONFLICT IS CONSIDERED
resources, with a view to achieving progressively AN INTERNATIONAL ARMED CONFLICT UNDER
the full realization of the rights enumerated in ARTICLE 1, 3RD AND 4TH PARS., PROTOCOL 1.
the covenant by all appropriate means.
B. CORE INTERNATIONAL
XII. International OBLIGATIONS UNDER IHL
(1) Parties are prohibited from employing
Humanitarian Law and weapons or means of warfare that cause
unnecessary damage or excessive suffering.
Neutrality (2) Principle of distinction: Parties shall
IHL is the branch of public international law distinguish between civilian population and
which governs armed conflicts to the end that combatants. Civilians shall be spared from
the use of violence is limited and that human military attacks which shall be directed only
suffering is mitigated or reduced by regulating against military objectives.
or limiting the means of military operations and (3) Hors de combat shall be protected and
by protecting those who do not or no longer treated humanely without any adverse
participate in the hostilities. distinction. Their right to life and physical
and moral integrity shall be respected.
IHL HAS TWO BRANCHES: (4) It is prohibited to kill or injure an enemy
(1) Law of The Hague, which establishes the who is hors de combat or who surrenders.
rights and obligations of belligerents in the (5) The wounded and the sick shall be
conduct of military operations, and limits protected and cared for by the party to the
the means of harming the enemy; and conflict which has them in its power.
Protection shall also apply to medical

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personnel, establishments, transports and (2) They may not be forced to reveal military
material. data except their name, rank, serial
(6) Combatants and civilian who are captured number, army and regimental number and
by authority of the party to a dispute are date of birth. They may not be compelled to
entitled to respect for their right to life, work for military services.
dignity, conviction, and other personal (3) All their personal belonging except their
rights. They shall be protected against acts arms and military papers remain their
of violence or reprisals. [Geneva property.
Conventions] (4) They must be interned in a healthful and
hygienic place.
Combatants: Members of the armed forces of a (5) After the conclusion of peace, their speedy
Party to a conflict [Art. 3(2), Protocol 1]. They repatriation must be accomplished as soon
have the right to participate directly and as is practicable.
indirectly in hostilities. [Art 43(2) Protocol 1] N.B.
Only combatants are allowed to engage in C.3. MARTENS CLAUSE/PRINCIPLE OF
hostilities. HUMANITY
In cases not covered by other international
Hors de combat: Under Art. 41(2) of Protocol I, a agreements, civilians and combatants remain
person is hors de combat if he: under the protection and authority of the
(1) Is in the power of an adverse party to the principles of international law derived from
conflict; established custom, from the principles of
(2) He clearly expresses an intention to humanity and from the dictates of public
surrender; or conscience.
(3) He has been rendered unconscious or is
otherwise incapacitated by wounds or C.4. LAW ON NEUTRALITY
sickness, and is therefore incapable of Neutrality is the legal status of a State in times
defending himself, provided that in any of of war, by which it adopts impartiality in relation
these cases, he abstains from any hostile to the belligerents with their recognition.
act and does not attempt to escape.
The Hague Convention Respecting the Rights
C. PRINCIPLES OF INTERNATIONAL and Duties of Neutral Powers (Oct. 18, 1907)
HUMANITARIAN LAW governs the status of neutrality by the following
rules:
C.1. TREATMENT OF CIVILIANS (1) The territory of the neutral Power is
p. SEE PRINCIPLE OF DISTINCTION, inviolable;
SUPRA (2) Belligerents are forbidden to move troops or
munitions of war and supplies across the
C.2. PRISONERS OF WAR: territory of a neutral Power;
q. RIGHTS AND PRIVILEGES: (3) A neutral power is forbidden to allow
(1) They must be treated humanely, shall not belligerents to use its territory for moving
be subjected to physical or mental torture, troops, establishing communication
shall be allowed to communicate with their facilities, or forming corps of combatants.
families, and may receive food, clothing, (4) Troops of belligerent armies received by a
educational and religious articles. neutral Power in its territory shall be
interned by away from the theatre of war;

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(5) The neutral Power may supply them with recognized by the coastal state (Article 5,
food, clothing or relief required by UNCLOS).
humanity; (2) Straight baseline, where the coastline is
(6) If the neutral Power receives escaped deeply indented or cut into, or if there is a
prisoners of war, it shall leave them at fringe of islands along the coast in its
liberty. It may assign them a place of immediate vicinity, the method of straight
residence if it allows them to remain in its lines joining the appropriate points may be
territory; employed in drawing the baseline from
(7) The neutral power may authorize the which the breadth of the territorial sea is
passage into its territory of the sick and measured (Article 7, UNCLOS).
wounded if the means of transport bringing
them does not carry personnel or materials B. ARCHIPELAGIC STATES
of war It is a state made up of wholly one or more
archipelagos. It may include other islands.
PROTECTING POWER (Article 46, UNCLOS)
A protecting power is a State or an
organization: An archipelago is a group of islands, including
(1) not taking part in the hostilities, parts of islands, interconnecting waters and
(2) which may be a neutral state, other natural features which are so closely
(3) designated by one party to an armed conflict related that such islands, waters and natural
with the consent of the other features form an intrinsic geographical,
(4) to safeguard or protect its humanitarian
economic and political entity, or which
interests in the conflict, the performance of
which IHL defines specific rights and duties.
historically have been regarded as such.

B.1. STRAIGHT ARCHIPELAGIC


BASELINES
XIII. Law of the Sea Straight baselines join the outermost points of
The UN Convention on the Law of the Sea the outermost islands and drying reefs of an
(UNCLOS) is the body of treaty rules and archipelago, provided that within such
customary norms governing the use of the sea, baselines are included the main islands and an
the exploitation of its resources, and the area in which the ratio of the water to the area
exercise of jurisdiction over maritime regimes. of the land, including atolls, is between 1 to 1
[Magallona] and 9 to 1. Such are called straight archipelagic
baselines.
A. BASELINES
The line from which a breadth of the territorial Territorial sea and other maritime zones the
sea and other maritime zones, such as the breadth of the territorial sea, the contiguous
contiguous zone and the exclusive economic zone, and the EEZ is measured from the
zone is measured. Its purpose is to determine straight archipelagic baselines.
the starting point to begin measuring maritime
zones boundary of the coastal state. B.2. ARCHIPELAGIC WATERS
Two kinds: THESE ARE THE WATERS ENCLOSED BY
(1) Normal baseline, where the territorial sea is THE STRAIGHT ARCHIPELAGIC
the low-water line along the coast as BASELINES, REGARDLESS OF THEIR
marked on large-scale charts officially

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DEPTH OR DISTANCE FROM THE


COAST. D. TERRITORIAL SEA
These waters stretch up to 12 miles from the
It is subject to the sovereignty of the baseline on the seaward direction. They are
archipelagic state, but subject to the right of subject to the jurisdiction of the coastal state,
innocent passage, infra, for the ships of all which jurisdiction almost approximates that
states. which is exercised over land territory, except
that the coastal state must respect the rights to
B.3. ARCHIPELAGIC SEA LANES PASSAGE (1) innocent passage and, in the case of certain
Other Rights with Respect to Archipelagic straits, to (2) transit passage.
Waters
(1) Rights under existing agreement on the Innocent passage: Navigation through the
part of third states should be respected by territorial sea w/o entering internal waters,
the archipelagic state. going to internal waters, or coming from
(2) Within its archipelagic waters, the internal waters and making for the high seas. It
archipelagic state shall recognize must:
traditional fishing rights and other (1) involve only acts that are required by
legitimate activities of immediately adjacent navigation or by distress, and
neighboring states. (2) not prejudice the peace, security, or good
(3) The archipelagic state shall respect existing order of the coastal state.
submarine cables laid by other states and
passing through its waters without making Transit passage: The right to exercise freedom
a landfall. of navigation and over flight solely for the
(4) Right of archipelagic sea lanes passage: It is purpose of continuous and expeditious transit
the right of foreign ships and aircraft to through the straights used for international
have continuous, expeditious, and navigation. The right cannot be unilaterally
unobstructed passage in sea lanes and air suspended by the coastal state.
routes through or over archipelagic waters
and the adjacent territorial sea of the Innocent passage Transit passage
archipelagic state.
Pertains to Includes the right of
navigation of ships over flight
C. INTERNAL WATERS only
These are waters of lakes, rivers, and bays Requires Submarines are
landward of the baseline of the territorial sea. submarines and allowed to navigate
However, in case of archipelagic states, waters other underwater in normal mode
landward of the baseline other than those rivers, vehicles to navigate i.e. submerged
bays and lakes, are archipelagic waters. on the surface and
show their flag.
N.B.: Internal waters are treated as part of a
State's land territory, and is subject to the full
exercise of sovereignty. Thus, the coastal state
may designate which waters to open and which
to close to foreign shipping.

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Can be suspended, Cannot be It is the seabed and subsoil of the submarine


but under the suspended areas extending beyond the territorial sea of the
condition that it coastal state throughout the natural
does not prolongation of its lands territory up to
discriminate among (1) the outer edge of the continental margin, or
foreign ships, and (2) a distance of 200 nautical miles from the
such suspension is baselines of the territorial sea where the outer
essential for the edge of the continental margin does not extend
protection of its
up to that distance.
security, and
suspension is
effective only after CONTINENTAL MARGIN
having been duly The submerged prolongation of the land mass of the
published (Article continental state, consisting of the continental shelf
proper, the continental slope, and the continental
25, UNCLOS) rise
In the designation of Designation of sea
sea lanes and traffic lanes and traffic LIMITS OF THE CONTINENTAL SHELF
separation schemes, separation schemes Juridical or Legal Continental Shelf: 0-200 nautical
the coastal state is subject to miles from baselines.
shall only take into adoption by
account the competent Extended Continental Shelf: 200-350 nautical miles
recommendations international from baselines depending on geomorphologic or
of the competent organization upon geological data and information
international the proposal and
When the continental shelf extends beyond 200
organization. agreement of states nautical miles, the coastal state shall establish its
bordering the outer limits.
straits.
RIGHTS OF THE COASTAL STATE OVER
E. EXCLUSIVE ECONOMIC ZONE THE CONTINENTAL SHELF
A stretch of area up to 200 miles from its It only has sovereign rights with respect to the
baselines. Within this zone, a State may exploration and exploitation of its natural resources,
including the mineral and other non-living resources
regulate nonliving and living resources, other of the seabed and subsoil together with living
economic resources, artificial installations, organisms belonging to the sedentary species. The
scientific research, and pollution control. continental shelf does not form part of the territory
of the coastal state.
N.B.: A coastal state whose economy is
RIGHTS WITH RESPECT TO
overwhelmingly dependent on the exploitation
CONTINENTAL SHELF VS. EEZ
of its EEZ is not required to share its resources.
Exclusive
r. Continental shelf
economic zone
JURISDICTION OF COASTAL STATE OVER
Duty to manage and conserve living resources
EEZ:
No duty Coastal state is
(1) establishment and use of artificial islands,
obliged to manage
installations and structures, and conserve living
(2) scientific research, resources in the EEZ
(3) the preservation and protection of marine
Rights of the coastal state to natural resources
environment.
Relate to mineral and Have to do with
other non-living natural resources of
F. CONTINENTAL SHELF resources of the both waters super

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seabed and the adjacent to the


subsoil seabed and those of
the seabed and XIV. Madrid Protocol
subsoil
Rights of the coastal state to living resources and the Paris Convention
Apply only
sedentary species of
to Do not pertain
sedentary species
to
for the Protection of
such living resources
Industrial Property
G. INTERNATIONAL TRIBUNAL FOR
THE LAW OF THE SEA (ITLOS) A. MADRID PROTOCOL
SETTLEMENT OF DISPUTES The Protocol Relating to the Madrid Agreement
Concerning the International Registration of
G.1. COMPULSORY SETTLEMENT OF
Marks, or The Madrid Protocol is one of two
DISPUTES
treaties comprising the Madrid System for
Where no successful settlement can be
international registration of trademarks and it
achieved, or if the parties are unable to agree on
deals more with the procedure for filing than
the means of settlement of a dispute
with substantive rights. It provides for the filing
concerning the application of UNCLOS, such
of one application with a single office, in one
dispute may be governed by the principle of
language, with one set of fees, in one currency.
compulsory settlement, where procedures
entail binding decisions.
While an International Registration may be
G.2. COMPULSORY PROCEDURES THAT issued, it remains the right of each country or
STATES PARTIES CAN CHOOSE FROM: contracting party designated for protection to
(1) International Tribunal for the Law of the determine whether or not protection for a mark
Sea; may be granted. Once the trademark office in a
(2) International Court of Justice; designated country grants protection, the mark
(3) Arbitral Tribunal; is protected in that country just as if that office
(4) Special Arbitral Tribunal; had registered it.

The choice of the State Parties must be


B. THE PARIS CONVENTION FOR THE
expressed in a written declaration, which is
revocable and replaceable. PROTECTION OF INDUSTRIAL
PROPERTY (1883)
G.3. JURISDICTION OF ITLOS SUBSTANTIVE PROVISIONS
Its jurisdiction covers all disputes submitted to it National Treatment: requires that each member
in accordance with the UNCLOS. It also includes state grant the same quality and quantity of
matters submitted to it under any other protection to eligible foreigners as it grants to
agreement. its own nationals in respect to the intellectual
G.4. APPLICABLE LAWS IN SETTLEMENT property enumerated in the Convention.
OF DISPUTES BY THE ITLOS
The Tribunal shall apply the UNLCOS and other s. THE RIGHT OF PRIORITY: PROVIDES
THAT AN APPLICANT ELIGIBLE FOR
rules of international law not incompatible with
the UNCLOS. It may also decide a case ex aequo CONVENTION BENEFITS WHO FILES A
FIRST REGULAR PATENT OR
et bono (what is equitable and just) if the parties
TRADEMARK APPLICATION IN ANY OF
so agree.

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THE COUNTRIES OF THE UNION, CAN developed countries acknowledge the


THEN FILE SUBSEQUENT responsibility that they bear in the international
APPLICATIONS IN OTHER COUNTRIES pursuit to sustainable development in view of
OF THE UNION FOR A DEFINED PERIOD the pressures their societies place on the global
OF TIME WHICH SUBSEQUENT environment and of the technologies and
APPLICATIONS WILL HAVE AN financial resources they command.
EFFECTIVE FILING DATE AS OF THE
FIRST FILED APPLICATION. Precautionary Principle (Principle 15, Rio
Declaration): In order to protect the environment,
the precautionary approach shall be widely
XV. International applied by States according to their capabilities.
Where there are threats of serious or irreversible
Environmental Law damage, lack of full scientific certainty shall not
be used as a reason for postponing cost-
The branch of public international law
effective measures to prevent environmental
comprising those substantive, procedural, and
degradation.
institutional rules which have as their primary
objective the protection of the environment
XV. International
Sustainable development: Development that
meets the needs of the present without Economic Law
compromising the ability of future generations A field of international law that encompasses
to meet their own needs (Case Concerning the both the conduct of sovereign states in
Gabcikovo-Nagymaros Project) international economic relations, and the
conduct of private parties involved in cross-
PRINCIPLE 21 OF THE STOCKHOLM border economic and business transactions.
DECLARATION
United Nations and the principles of International economic law covers, among
international law, the sovereign right to exploit others, the following:
their own resources pursuant to their own (1) International trade law, including both the
environmental policies, and the responsibility to international law of the World Trade
ensure that activities within their jurisdiction or Organization and GATT and domestic trade
control do not cause damage to the laws;
environment of other States or of areas beyond (2) International economic integration law,
the limits of national jurisdiction. including the law of the European Union,
NAFTA and Mercosur;
t. BASIC PRINCIPLES (3) Private international law, including
Principle of Common but Differentiated international choice of law, choice of forum,
Responsibility (Principle 7, Rio Declaration): enforcement of judgments and the law of
States shall cooperate in a spirit of global international commerce;
partnership to conserve, protect and restore the (4) International business regulation, including
health and integrity of the Earth's ecosystem. In antitrust or competition law, environmental
view of the different contributions to global regulation and product safety regulation;
environmental degradation, States have (5) International financial law, including private
common but differentiated responsibilities. The transactional law, regulatory law, the law of
foreign direct investment and international

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monetary law, including the law of the


International Monetary Fund and World
Bank;
(6) The role of law in development;
(7) International tax law; and
(8) International intellectual property law
(Wenger).

International economic law is based on the


traditional principles of international law such
as:
(1) Pacta sunt servanda;
(2) Freedom;
(3) Sovereign equality;
(4) Reciprocity;
(5) Economic sovereignty.

It is also based on modern and evolving


principles such as:
(1) Duty to cooperate;
(2) Permanent sovereignty over natural
resources;
(3) Preferential treatment for developing
countries in general and the least-
developed countries in particular.

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