LASALLIAN COMMISSION ON BAR OPERATIONS

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constitution consists of rules which have not been

integrated into a single, concrete form but are
scattered in various sources, such as statutes of a
LASALLIAN COMMISSION ON fundamental character, judicial decisions,
commentaries of publicists, customs and traditions,
BAR OPERATIONS and certain common law principles (I. Cruz,
Constitutional Law [2002]).
2) Enacted (Conventional) or evolved (Cumulative). A
PRE-WEEK Q&A conventional constitution is enacted, formally
struck off at a definite time and place following a
conscious or deliberate effort taken by a constituent
POLITICAL LAW body or ruler. A cumulative constitution is the result
of political evolution, not inaugurated at any
ACADEMICS COMMITTEE 2015-2016 specific time but changing by accretion rather than
Committee Head for Academics:
OLIVE GRACE MA. P. CACHAPERO
by any systematic method (I. Cruz, Ibid.)..
Deputy Head: 3) Rigid or flexible. A rigid constitution is one that can
ANA KATRINA O. CONSTANTINO be amended only by a formal and usually difficult
process. A flexible constitution is one that can be
Political Law Team changed by ordinary legislation (Cruz, Ibid.).
Subject Chair for Political Law:
JOHN CALDAN BRIONES Q: When is the effectivity date of the constitution?
A: In De Leon v. Esguerra, the court held that the 1987
Subject Heads:
Local Government – EM ASIDDAO
Constitution took effect on 2 February 1987, i.e. the date of
Public International Law - JC PAJO its ratification in the plebiscite held on that same date and
not on the date its ratification was proclaimed.
Member: OJO SAN JUAN
Contributors: KYLIE DADO Q: What are the qualities of a good written
ANA KATRINA O. CONSTANTINO constitution?
OLIVE GRACE MA. P. CACHAPERO A: A good written constitution must be –
1) Broad. It must provide for the organization of the
entire government and cover all persons and things
CONSTITUTIONAL LAW within the territory of the State. It must also be
comprehensive enough to provide for every
I. THE PHILIPPINE CONSTITUTION contingency.
2) Brief. It must confine itself to basic principles to be
A. CONSTITUTION: DEFINITION, NATURE, implemented with legislative details more
AND CONCEPT adjustable to change and easier to amend.
3) Definite. To prevent ambiguity in its provisions
Q: What is a constitution? which could result in confusion and divisiveness
A: That body of rules and principles in accordance with among the people. (Cruz, Ibid.)
which the powers of sovereignty are regularly exercised.
B. PARTS OF THE CONSTITUTION
A constitution is a written instrument enacted by direct
action of the people by which the fundamental powers of the Q: What are the essential parts of a good written
government are established, limited, and defined, and by constitution?
which those powers are distributed among the several A: The essential parts of a good written constitution are:
departments for their safe and useful exercise for the benefit 1) Constitution of liberty – The part of the constitution
of the body politic. which sets forth the fundamental civil and political
rights of the citizens and imposes limitations on the
Q: What is the doctrine of the Constitutional powers of the government as a means of securing
Supremacy? the enjoyment of those rights. (E.g. Art. 3 on the Bill
A: Under this doctrine, if a law or contract violates any norm of Rights).
of the Constitution, that law or contract, whether 2) Constitution of government – The part of the
promulgated by the legislative or by the executive branch or constitution which outlines the organization of the
entered into by private persons for private purposes, is null government, enumerates its powers, lays down
and void and without any force and effect. Thus, since the certain rules relative to its administration, and
Constitution is the fundamental, paramount and supreme defines the electorate. (E.g. Art. 6 on the Legislative
law of the nation, it is deemed written in every statute and Department, Art. 7 on the Executive Department,
contract. (Manila Prince Hotel v. GSIS, G.R. No. 122156, Art. 8 on the Judicial Department, and Arts. 10, 11,
Feb. 3, 1997) and 12 on the COMELEC, COA, and CSC
respectively)
Q: What are the classifications of constitutions? 3) Constitution of sovereignty – The part of the
A: A constitution may be: constitution which provides for the mode or
1) Written or unwritten. A written constitution is that procedure in accordance with which formal changes
whose precepts are embodied in one document or in the fundamental law may be brought about. (E.g.
set of documents. On the other hand, an unwritten Art. XVII on Amendments and Revisions).

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A: Sec. 1 (1) of Art. XVII of the Constitution provides that

congress may propose any amendment to, or revision of the
C. AMENDMENTS AND REVISIONS constitution upon a vote of three-fourths of all its members.

Q: What is the difference between an amendment It should be noted, however, that since nothing is said about
and a revision? a joint session, it is submitted that each house [of congress]
A: may separately formulate amendments by a vote of three-
Amendment Revision fourths of all its members, and then pass it on to the other
An alteration of one or a few In Lambinov. COMELEC, house for a similar process. Disagreements may be settled
specific and separable the Court defined a revision through a conference committee (J. Bernas, The 1987
provisions of the as a change that alters a Constitution of the Republic of the Philippines, A
constitution. In Lambinov. basic principle in the Commentary 1349 [2009]).
COMELEC, the court constitution, like altering
defined an amendment as a principle of separation of Q: How can a constitutional convention be called?
change that adds, reduces, powers. The SC also said that A: Sec. 3 of Art. XVII provides for the manner of calling a
[and] deletes, without a revision is a change that constitutional convention. Said provision provides that the
altering the basic principles alters the substantial call for a constitutional convention may be made by a vote of
involved. entirety of the constitution. two-thirds of all the members of congress.
Amendment affects only the Revision affects several
specific provision being provisions of the If congress cannot make up their mind, whether or not to call
amended. constitution. for a constitutional convention, they can submit to the
An amendment aims to A revision contemplates a re- electorate the question of calling such a convention.
improve specific parts or to examination of the entire
add new provisions deemed document, or of provisions Q: What are the requisites for a valid exercise of
necessary meet new of the document which have people’s initiative?
conditions or to suppress over-all implications for the A: The requisites for a valid exercise of people’s initiative are
specific portions that may entire document, to the following –
have come obsolete or that determine how and to what 1) There must be a petition from at least 12% of the
are judged to be dangerous. extent they should be total number of registered voters, of which every
altered. legislative district must be represented by at least
3% of the registered voters therein (Sec. 2 Art. XVII
Q: How would you determine if a proposal is a of the Constitution).
revision or an amendment? 2) The people must author and sign the entire
A: In Lambinov. Comelec, the court laid down a two-part proposal. No agent or representative can sign in
test to determine whether a proposal is an amendment or a their behalf (Lambinov. Comelec, G.R. 174153,
revision. [2006]).
1) The quantitative test which asks whether the 3) The signature sheets must contain the full text of
proposed change is so extensive in its provisions as the proposed changes, either on the face of the
to change directly the “substance entirety” of the signature sheets, or as an attachment thereto
Constitution by the deletion or alteration of (Lambinov. Comelec, G.R. 174153, [2006]).
numerous provisions. In the quantitative test, the 4) The proposed changes must only be an amendment
court examines only the number of provisions and not a revision.
affected and does not consider the degree of the 5) No amendment shall be authorized within 5 years
change. following the ratification of [the 1987 constitution]
2) The qualitative test, which inquires into the nor oftener than once every 5 years (Sec. 2 Art. XVII
qualitative effects of the proposed change in the of the Constitution)
Constitution. In the qualitative test, the main 6) There must be an enabling law that will implement
inquiry is whether the change will “accomplish such the exercise of the right to make an initiative.
far-reaching changes in the nature of our basic
governmental plan as to amount to a revision”. Q: Is there an enabling law that will implement the
exercise of the right to make an initiative.
Q: What are the steps in the amendatory process? A: There is none. There is no enabling law that will
A: There are two steps in the amendatory process, i.e. implement the exercise of the right to make an initiative.
Proposal and Ratification. R.A. 6735, which provides for a system of initiative and
referendum, does not cover the system of initiative to amend
Q: Who may propose amendments or revisions of the constitution. In Defensor-Santiago v. COMELEC, the
the constitution? Supreme Court held that R.A. 6735 only covers initiatives on
A: The following may propose amendments to or revision of national and local legislations. It held that while the law
the constitution – provided a detailed procedure on how initiatives on national
1) The congress; and local legislations may be accomplished, it failed to do so
2) A constitutional convention; and on the system of initiatives on amendments to the
3) The people through initiative. However, the people constitution.
can only propose amendments and not revisions.
Q: How will the proposed amendments or revisions
Q: How can the congress propose amendments or be ratified? (Grammar check)
revisions to the constitution? A:

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1) The proposed changes in
the constitution shall be submitted to
the people and shall be valid when ratified by the
majority of the votes cast in a plebiscite, held not
earlier than 60 days not later than 90 days:
a) After approval of the proposal by congress
or constitutional convention (For
proposals made under Sec. 1, Art. XVII of
the constitution);
b) After certification by the COMELEC of
sufficiency of petition of the people (For
proposals made through an initiative
under Sec. 2, Art. XVII of the constitution).
2) The plebiscite may be held on the same day as
regular elections, provided the people are
sufficiently informed of the amendments to be
voted upon, to conscientiously deliberate thereon,
to express their will in a genuine manner (Gonzales
v. COMELEC, G.R. No. L-2816 [1967]).
3) All the amendments must be submitted for
ratification at one plebiscite only. Submission of
piecemeal amendments is unconstitutional. The
people must also be given a proper frame of
reference in arriving at their decision (Tolentinov.
COMELEC, G.R. No. L-34150 [1971]).
Q: Can the amendments be subjected to judicial
review?
A: No. The substance of the proposals is not subject to
judicial review because what to propose is left to the wisdom
of the constituent assembly. However, there are some
matters that can be reviewed by the court, viz:
1) The manner of making the proposal;
2) Whether or not a proposal was approved by the
required number of votes of congress;
3) Whether or not the approved proposals were
properly submitted to the people for ratification.
D. SELF-EXECUTING AND NON-SELF-EXECUTING
PROVISIONS
Q: What is a self-executing provision of the
constitution?
A: A self-executing provision of the constitution is a
provision which is complete in itself and becomes operative
without the aid of supplementary or enabling legislation, or
that which supplies a sufficient rule by means of which the
right it grants may be enjoyed or protected.
In Manila Prince Hotel v. GSIS, the court held that a
constitutional provision is self-executing if the nature and
extent of the right conferred and the liability imposed are
fixed by the constitution itself, and there is no language
indicating that the subject is referred to the legislature for
action.
Q: What is a non-self-executing provision of the
constitution?
A: A provision which lays down a general principle. In
Pamatongv. COMELEC, the court held that the disregard of
a non-self-executing provision of the constitution does not
give rise to any cause of action before the courts.
E. GENERAL PROVISIONS
Q: How may the design of the Philippine flag be
changed?
A: The design of the Philippine flagmay be changed by
Constitutional amendment.
Q: How may the name of the country, the national
anthem, the national seal be changed?
A: The Congress may, by law, adopt a new name for the
country, a national anthem, or a national seal, which shall all
be truly reflective and symbolic of the ideals, history, and
traditions of the people. Such law shall take effect only upon
its ratification by the people in a national referendum.
Q: What is RA 8491?
A: RA 8491 is the Flag and Heraldic Code of the Philippines.
Among its pertinent provisions are the following -
Sec. 7 – designates May 28 as the National Flag Day
Sec. 26 Which declares the period from May 28 to June 12
of each year as Flag Days, during which period all offices,
agencies and instrumentalities of government, business
establishments, institutions of learning and private homes
are enjoined to display the flag.
Sec. 34 – Which states that it shall be prohibited:
1) To mutilate, deface, defile, trample on or cast
contempt or commit any act or omission
casting dishonor or ridicule upon the flag or
over its surface;
2) To dip the flag to any person or object by way of
compliment or salute;
3) To use the flag:
a) As a drapery, festoon, tablecloth;
b) As covering for ceilings, walls, statues
or other objects;
c) As a pennant in the hood, side, back
and top of motor vehicles;
d) As a staff or whip;
e) For unveiling monuments or statues;
and
f) As trademarks, or for industrial,
commercial or agricultural labels or
designs.
g) To display the flag:
h) Under any painting or picture;
i) Horizontally face-up. It shall always
be hoisted aloft and be allowed to fall
freely;
j) Below any platform; or
k) In discotheques, cockpits, night and
day clubs, casinos, gambling joints
and places of vice or where frivolity
prevails.
4) To wear the flag in whole or in part as a
costume or uniform;
5) To add any word, figure, mark, picture, design,
drawings, advertisement, or imprint of any
nature on the flag;
6) To print, paint or attach representation of the
flag on handkerchiefs, napkins, cushions, and
other articles of merchandise;
7) To display in public any foreign flag, except in
embassies and other diplomatic
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establishments, and in offices of
international organizations;
8) To use, display or be part of any advertisement
or infomercial; and
9) To display the flag in front of buildings or
offices occupied by aliens
Sec. 37 – Which provides that the rendition of the National
Anthem, whether played or sung, shall be in accordance with
the musical arrangement and composition of Julian Felipe.
Sec. 40. – Which provides that the national motto shall be
“MAKA-DIYOS, MAKA-TAO, MAKAKALIKASAN AT
MAKABANSA.”
II. GENERAL CONSIDERATIONS
A. NATIONAL TERRITORY
Q: What is the Archipelagic doctrine? (Bar 1989)
A: It is the principle whereby the body of water studded with
islands, or the islands surrounded with water, is viewed as a
unity of islands and waters together forming one integrated
unit. For this purpose, it requires that baselines be drawn by
connecting the appropriate points of the “outermost islands
to encircle the islands within the archipelago. We consider all
the waters enclosed by the straight baselines as internal
waters. (Cruz, Ibid.)
Q: What are the components of a territory?
A: Terrestrial, Fluvial, Maritime, and Aerial Domain.
Q: What are the two ways of drawing the baseline?
A: These are:
1) “Normal” baseline - drawn following the low-water line
along the coast as marked on large-scale charts officially
recognized by the coastal State. This line follows the
sinuosities of the coast and therefore would normally
not consist of straight lines.
2) “Straight” baseline – straight lines are drawn connecting
selected points on the coast without appreciable
departure from the general shape of the coast.
B. STATE IMMUNITY
Q: Can a state be sued?
A: Generally, the State may not be sued without its consent
(Sec. 3, Art. XVI).There can be no legal right against the
authority, which makes the law on which the right depends.
This doctrine is also known as Royal Prerogative of
Dishonesty.
Q: What are the tests to determine if suit is against
the State?
A: These are:
a) If the enforcement of the decision rendered against the
public officer or agency impleaded will require an
affirmative act from State, then, it is a suit against the
State (Nachura, Reviewer in Political Law, 2009 ed., p.
38).
b) A suit is against the State, regardless of who is named as
defendant, if it produces adverse consequences on the
public treasury, whether in the disbursement of funds or
loss of property, the public official proceeded against not
being liable in his personal capacity (Begosa v.
Chairman, Phil. Veterans Adm. No. L-25916, April 30,
1970).
C. GENERAL PRINCIPLES AND STATE POLICIES
Q: What is a “state”?
A: A community of persons more or less numerous,
permanently occupying a fixed territory, and possessed of an
independent government organized for political ends to
which the great body of inhabitants render habitual
obedience (Collector of Internal Revenue v. Campos Rueda).
Q: What is a government?
A: The agency or instrumentality through which the will of
the state is formulated, expressed, and realized (US v. Dorr).
D. SEPARATION OF POWERS
Q: What is the purpose of separation of powers?
A: To prevent the concentration of authority in one person
or group of persons that might lead to irreparable error or
abuse in its exercise to the detriment of republican
institutions (Pangasinan Transportation Co. v. Public
Service Commission, G.R. No. 47065, June 26, 1940).
E. CHECKS AND BALANCES
Q: What is theprinciple of Checks and Balances?
A: Allows one department to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by
the other departments (Nachura, Reviewer in Political Law,
2009 ed., p.74).
Q: What is the difference between justiciable and
political question?
A:
Justiciable- A definite and concrete dispute touching on
the legal relations of parties having adverse legal interests
which may be resolved by a court of law through the
application of a law (Cutaran v. DENR, G.R. No. 134958,
January 31, 2001).
Political - a question of policy.
Two aspects:
1) Those questions which, under the Constitution, are to be
decided by the people in their sovereign capacity; or
2) In regard to which full discretionary authority has been
delegated to the legislature or executive branches of
government (Tañada v. Cuenco, No. L-10520, February
28, 1957).
F. DELEGATION OF POWERS
Q: What is the general rule on non-delagability of
legislative power?
A: Potestas delegata non delegari potest. (What has been
delegated cannot be delegated).
Q: What are the exceptions?
A:
1) Delegation to the people at large
2) Emergency powers of the President
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3) Tariff powers of the
President
4) Delegation to administrative bodies (power of
subordinate legislation); and
5) Delegation to Local Government units
G. FORMS OF GOVERNMENT
Q: What is the difference between de jure
government and de facto government?
A: De jure – has a rightful title but no power or control,
either because the same has been withdrawn from it or
because it has not yet actually entered into the exercise
thereof.
De facto – actually exercises power or control but without
legal title (Lawyers League for a Better Philippines v.
Aquino, G.R. No. 73748, May 22, 1986).
Q: As to the manner of choosing the head of the
government, what’s the difference between
Presidential and Parliamentary?
A: In a presidential government, there is separation of
executive and legislative powers; while in parliamentary
government there is fusion of both executive and legislative
powers in Parliament. Although, the actual exercise of the
executive powers is vested in a Prime Minister who is chosen
by and accountable to the Parliament.
Q: What is the difference between a unitary and a
federal government?
A: Unitary Government- one in which the control of
national and local affairs is exercised by the central or
national government.
Federal Government- one in which the powers of the
government are divided between two sets of organs, one for
national affairs and the other for local affairs, each organ
being supreme within its own sphere.
Q: What are the functions of the government?
A:
1) Constituent – compulsory because constitutive of the
society
2) Ministrant – undertaken to advance the general interest
of the society; merely optional. (Bacani v. NACOCO, No.
L-9657, November 29, 1956)
III. THE LEGISLATIVE DEPARTMENT
A. WHO MAY EXERCISE LEGISLATIVE POWER
Q: Who may exercise legislative power?
A: Legislative power may be exercised by:
1) The congress (Sec. 1, Art. VI of the Constitution).
2) The people (Sec. 1, Art. VI of the Constitution).
3) Local and regional legislative bodies.
4) The president under a martial law rule or in a
revolutionary government.
Q: What is initiative?
A: Sec. 3(a) of R.A. 6735 defines initiative as the power
of the people to propose amendments to the constitution or
to propose and enact legislation through an election called
for the purpose.
Q: What are the classes of initiative?
A: An initiative can be any of the following:
1) Initiative on the Constitution – Petition proposing
amendments to the constitution (See the part for
people’s initiative for the requisites for the valid
exercise of people’s initiative).
2) Initiative on Statutes – Petition proposing to enact a
national legislation.
3) Initiative on Local Legislation – A petition
proposing to enact a regional, provincial, city,
municipal or barangay law, resolution or ordinance.
Q: What is an indirect initiative?
A: Exercise of initiative by the people through a proposition
sent to the congress or the local legislative body for action
(Sec. 3(b), R.A. 6735).
Q: What is a referendum?
A: Sec. 3(c) of R.A. 6735 defines referendum as the
power of the electorate to approve or reject legislation
through an election called for that purpose. There are two
classes of referendum, namely –
1) Referendum on statutes, which is the petition to
approve or reject an act or law, or part thereof,
passed by congress; and
2) Referendum on Local Laws which is the legal
process whereby the registered voters of the local
government units may approve, amend or reject
any ordinance enacted by the sanggunian.
Q: What cannot be the subject of an initiative or
referendum petition?
A: The following cannot be the subject of an initiative or
referendum petition –
1) A petition embracing more than one subject; and
2) Statues involving emergency measures, the
enactment of which is specifically vested in congress
by the constitution.
Q: How is local initiative done?
A: Sec. 13 of R.A. 6735 provides that the adoption,
enactment, repeal, or amendment of any law, ordinance, or
resolution may be proposed by:
1) Not less than 2000 registered voters in case of
autonomous regions;
2) 1000 voters in case of provinces and cities;
3) 100 voters in case of municipalities; and
4) 50 voters in case of barangays.
Q: What are the limitations on local initiative?
A: The following are the limits on local initiative:
1) The power of local initiative shall not be exercised
more than once a year;
2) Initiatives shall extend only to subjects or matters
which are within the legal powers of the local
legislative bodies to enact; and
3) If at any time, before the initiative is held, the local
legislative body should adopt in toto the
proposition presenter, the initiative shall be
cancelled (Sec. 15, R.A. 6735).
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B. THE HOUSES OF CONGRESS
Q: What is the nature of the Philippine Congress?
A: The Philippine Congress is bicameral in nature. It has a
senate and a House of Representatives.
Q: How many senators are there and how are they
elected?
A: The Philippine Senate has 24 senators. They are elected at
large by the qualified voters of the Philippines (Art. VI, Sec.
2).
Q: What are the qualifications needed to be senator?
A: The following are the qualifications needed to be a
senator in the Philippines:
1) A natural-born citizen of the Philippines;
2) At least 35 years of age on the day of the election;
3) Able to read and write;
4) Registered voter;
5) Resident of the Philippines for not less than 2 years
immediately preceding the day of the election.
Q: What is the meaning of residence?
A: In Lim v. Pelaez, the court defined residence as the place
where one habitually resides and to which, when he is
absent, he has the intention of returning. In Gallego v. Verra,
the Supreme Court elaborated that the term residence, as
used in election law, is synonymous with domicile, which
imports not only intention to reside in a fixed place but also
personal presence in that place coupled with conduct
indicative of such intention.
Q: What is the term of office of a senator?
A: A senator's term of office shall be 6 years. It shall
commence the 30th day of June following their election (Sec.
4, Art. VI of the Philippine Constitution).
Q: What is the term limit of a senator?
A: A senator shall not serve for more than two consecutive
terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the
community of his service for the full term for which he was
elected (Sec. 4, Art. VI of the Philippine Constitution).
Q: How many members does the House of
Representative have and how are they elected?
A: The House of Representatives shall be composed of not
more than 250 members, unless otherwise provided by law.
They are elected from legislative districts appointed among
the provinces, cities, and Metropolitan Manila area (Sec.
5[1], Art. VI of the Constitution).
Q: How many party-list representatives does the
House of Representative have?
A: Sec. 5(2), Art. VI of the Constitution provides that
party-list representatives shall constitute 20% of the total
number of the members of the House of Representatives
including those under the party-list.
Q: What are the qualifications needed to be District
Representative?
A: The following are the qualifications needed to be a
senator in the Philippines:
1) A natural-born citizen of the Philippines;
2) At least 25 years of age on the day of the election;
3) Able to read and write;
4) Registered voter in the district where he shall be
elected;
5) Resident of the district where he shall be elected for
not less than 1 year immediately preceding the day
of the election.
Q: What are the qualifications needed to be a party-
list representative?
A: The following are the qualifications needed to be a
senator in the Philippines:
1) A natural-born citizen of the Philippines;
2) At least 25 years of age on the day of the election. In
case of the youth sector, he must be at least 25 but
not more than 30 years old on the day of the
election
3) Able to read and write;
4) A registered voter;
5) A resident of the Philippines for a period of not less
than one (1) year immediately preceding the day of
the election,
C. LEGISLATIVE PRIVILEGES, INHIBITIONS, AND
DISQUALIFICATIONS
Q: What are the privileges and immunities that the
constitution gives members of the Senate and the
House of Representatives?
A: The following are the privileges and immunities that the
constitution accords to the members of the senate and the
House of Representatives -
1) A senator and a member of the House of
Representatives shall be privileged from arrest
while the congress is in session, except if the offense
committed is punishable by six years imprisonment.
2) A member of the Senate or the House of
Representatives may not be questioned or held
liable in any other place for any speech or debate in
the congress or in any commitment thereof.
Q: What is the term of office of a senator?
A: A senator's term of office shall be 6 years. It shall
commence the 30th day of June following their election (Sec.
4, Art. VI of the Philippine Constitution).
Q: What is the term limit of a senator?
A: A senator shall not serve for more than two consecutive
terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the
community of his service for the full term for which he was
elected (Sec. 4, Art. VI of the Philippine Constitution).
Q: What are the legislative privileges?
A: The legislative privileges granted to members of the
House of Representatives and the Senate are the following -
1) Freedom from arrest; and
2) Privilege speech and of debate.
Q: Is legislative privilege of freedom from arrest
absolute?
A: No. Sec. 11 of Art. VI of the Constitution provides that
a senator or a member of the HOR shall, in all offenses not
punishable by not more than six years imprisonment, be
privileged from arrest while the congress is in session. Thus
in People v. Jalosjos, the court held that members of
congress are not exempt from detention for crime. They may
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be arrested, even when the House in
session, for crimes punishable by a
penalty of more than 6 years.
Q: What are the requisites to avail the privilege of
speech and debate?
A: The following are the requisites to avail the privilege of
speech and debate –
1) That the remarks must be made while the
legislature or the legislative committee is
functioning, i.e. in session; and
2) That they must be made in connection with the
discharge of official duties.
It should be noted that members of congress may be held
accountable for such speech or debate by the house to which
they belong (E. Nachura, Outline Reviewer in Political Law
261 [2009]).
Q: What is an incompatible office?
A: No Senator or Member of the House of Representatives
may hold any other office or employment in the Government,
or any subdivision, agency or instrumentality thereof,
including GOCCs or their subsidiaries during his term
without forfeiting his seat (Sec. 13, Art. VI of the
Constitution).
It should be noted forfeiture is automatic upon assumption
of such other office incompatible with his seat in congress.
However, no forfeiture shall take place if the member of
congress holds the other government office in an ex officio
capacity (Adaza v. Pacana, G.R. No. L-68159 [1985])
Q: What is a forbidden office
A: Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased
during the term for which he was elected.
The ban against appointment to the office created or
emoluments thereof increased shall, however, last only for
the duration of the term for which the member of congress
was elected (E. Nachura, Outline Reviewer in Political Law
262 [2009])
Q: What are the parliamentary inhibitions and
disqualifications?
A: The following are the parliamentary inhibitions and
disqualifications –
1) A member of the senate of the HOR shall not
PERSONALLY appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies.
Reason – To forestall any undue influence, deliberately or
not, upon the body where he is appearing.
The prohibition against “personal appearance” does not
include instances where the member of the Congress
represents himself.
2) A member of the congress shall not be directly or
indirectly, be INTERESTED FINANCIALLY in any
contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency,
or instrumentality thereof, including any GOCC, or its
subsidiary, during his term.
Reason -to forestall any undue influence, deliberately or not,
upon the body where he is appearing.
The prohibited contracts are those that involve a financial
investment or business of which the member of the Congress
expects to derive profit or gain
3) A member of congress shall not intervene in any
matter before any office of the government of his
pecuniary benefit or where he may be called upon to
act on account of his office.
As to the members of the Congress, there is NO GENERAL
PROHIBITION as to the practice of their professions.
D. QUORUM AND VOTING MAJORITIES
Q: What is a quorum?
A: It is the majority of each House, but a smaller number
may adjourn from day to day and may compel the attendance
of absent Members in such a manner and under such
penalties as such House may determine.
The basis for determining the existence of a quorum in the
senate shall be the total number of senators who are in the
county and within the coercive jurisdiction of the senate.
Q: What is a majority?
A: Majority of all Members of Congress means majority of
the entire composition of Congress regardless of the number
of members present or absent during time the question is
brought to the floor as long as there is quorum (i.e.
[24+250/2] + 1)
Majority of the House means majority of the Members
present during the session provided that there is quorum (i.e.
is a session of the Senate where there are 20 present,
majority of the House is 11).
E. DISCIPLINE OF MEMBERS
Q: Who determines the rules of proceedings for
disorderly behavior?
A: Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of 2/3 OF ALL ITS MEMBERS, suspend or
expel a Member. A penalty of SUSPENSION, WHEN
IMPOSED, SHALL NOT EXCEED 60 DAYS.
Q: Can the interpretation of disorderly behavior be
judicially reviewed?
A: The interpretation of the phrase disorderly behavior is the
prerogative of the House concerned and cannot be judicially
reviewed (Osmeña v. Pendatun, No. L-17144, October 28,
1960).
F. ELECTORAL TRIBUNALS AND THE
COMMISSION ON APPOINTMENTS
Q: What is the nature of an Electoral Tribunal?
A: An electoral tribunal is a non-partisan court. It must be
independent of Congress and devoid of partisan influence
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and consideration. Disloyalty to the
party and breach of party discipline
are not valid grounds for the expulsion of a member (Bondoc
v. Pineda, 201 SCRA 792).
Q: What is the composition of the electoral tribunals
A: The electoral tribunals are composed of –
1) 3 Supreme Court Justices; and
2) 6 members of the chamber concerned (Senate or
the HOR) chosen on the basis of proportional
representation from political parties and parties
registered under the party-list system.
Note: The senior justice shall act as chairman.
Q: What are the powers of the electoral tribunals?
A:
1) Sole judge of all contests relating to the election, returns
and qualification of their respective members.
Electoral tribunals have no jurisdiction over pre-
proclamation controversies which come under the
jurisdiction of the COMELEC.
2) Rule-making power.
The power of the HRET, as the sole judge of all contests
relation to the election, returns and qualification of the
members of the HOR, to promulgate rules and regilations
relative to matters within jurisdiction, including the period
for filing election protests before it is beyond dispute
(Lazatin v. HRET, G.R. No. L-84297, [1988]).
Its rule-making power necessarily flows from the general
power granted it by the constitution (Ibid).
Q: What is the composition of the Commission on
Appointments?
A: The Commission on Appointments is composed of 12
senators and 12 representatives, elected by each house on the
basis of proportional representation from the political parties
and parties and organizations registered under the party-list
system represented therein.
Art. VI, Sec. 18 of the constitution provides that the Senate
President acts as ex-officio chairman. The chairman shall not
vote except in case of a tie.
Q: What are the powers of the Commission on
Appointments?
A: The Commission on Appointments has the following
powers –
1) Acts on all appointments submitted to it within 30
session days of congress from their submission by
majority vote of its members; and
2) Promulgates its own rules of proceedings.
For the Senate, a political party must have at least 2
members to be entitled to one seat in Commission on
Appointment. Rounding off is not allowed (Guingona v.
Gonzales, G.R. No. 106971, October 20, 1992).
Art. VI. Sec. 18 contemplates that COA shall rule by a
majority vote of all the members and thus, 10 senators would
sufficiently constitute the Senate’s delegation in the COA
(Ibid).
G. POWERS OF CONGRESS
Q: What are the powers of congress?
A: The congress has legislative and non-legislative powers.
1) The legislative powers of congress are the following:
i) General plenary power (Art. VI, Sec. 1);
ii) Specific power of appropriation (Art. VI,
Sec. 24);
iii) Taxation and expropriation (Art. VI, Sec.
28);
iv) Legislative investigations (Art. VI, Sec. 21);
and
v) Question hour (Art. VI, Sec. 22)
2) The non-legislative powers of congress include:
i) Canvass presidential elections;
ii) Declare the existence of a state of war;
iii) Delegation of emergency powers;
iv) Call special election for President and Vice
President;
v) Give concurrence to treaties and
amnesties;
vi) Propose constitutional amendments;
vii) Confirm certain appointments;
viii) Impeach;
ix) Decide the disability of the president
because majority of the cabinet dispute his
assertion that he is able to discharge his
duties;
x) Revoke or extend proclamation of
suspension of privilege of writ of habeas
corpus or declaration of martial law; and
xi) Power with regard to utilization of natural
resources.
1. Legislative Powers
Q: What are legislative inquiries?
A: Legislative Inquiries may refer to the implementation or
re-examination of any law or appropriation, or in connection
with any proposed legislation or for the formulation of or in
connection with future legislation, or will aid in the review or
formulation of a new legislative policy or enactment. (Senate
Rules of Procedures Governing Inquiries in Aid of
Legislation)
Q: What are the limitations on the power of
legislative investigations?
A: The following are the limits to the power of legislative
investigations –
a) The investigation must be in aid of legislation;
b) It must be in accordance with duly published rules
of procedures; and
c) The rights of person appearing in, or affected by
such inquiry shall be respected.
Q: What kind of questions may be raised in the
legislative investigation?
A: The questions that may be raised in a legislative
investigation do not necessarily have to be relevant to any
pending legislation provided that they are relevant to the
subject matter of the investigation being conducted (Arnault
v. Nazareno, G.R. No. L-3820, July 18, 1950).
Q: What is question hour?
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A: Question Hour – the heads of
departments may upon their own
initiative with the consent of the President, or upon the
request of either House, as the rules of each house shall
provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three (3)
days before their scheduled appearance. Interpellations shall
not be limited to written questions, but may cover matters
related thereto. When the security of the State or the public
interest so requires, the appearance shall be conducted in
executive session (Sec 22, Art. VI).
Q: Are department heads exempted to attend
question hour?
A: Department heads can only exempt themselves by a valid
claim of executive privilege. They are not exempted by the
mere fact that they are department heads. Only one executive
official may be exempted from this power – the president on
whom executive power is vested, hence beyond the reach of
Congress except through the power of impeachment (Senate
v. Ermita, G.R. No. 169777 [2006]).
Q: What is executive privilege?
A: The power of the government to withhold information
from the public, the courts, and the congress. To determine
what information can be disclosed in legislative inquiries, the
operational proximity test should be used. The operational
proximity test provides that communications which are close
enough to the president to be revelatory of his deliberations
or to pose a risk to the candor of his advisers are covered by
the privilege (Neri v. Senate, G.R. No. 180643, [2008]).
Q: What is a Bicameral Conference Committee?
A: In a bicameral system, bills are independently processed
by both houses of Congress. The Conference Committee
consisting of members nominated fro both Houses, is an
extra-constitutional creation of Congress whose function is
to propose to Congress ways of reconciling conflicting
provisions found in the Senate version and House version of
the bill. It performs a necessary function in a bicameral
system.
They should not, however, perform functions that the
Congress itself may not do. Moreover, their proposals need
confirmation by both Houses of Congress. (Bernas, S.J., The
1987 Constitution of the Republic of the Philippines, 2003
ed., p.763).
Q: What are the limitations on the power of
congress?
A: The limitations on the power of congress may be
substantive or procedural in nature.
The substantive limits on the exercise of the powers of
congress are the following –
a) Express –
1) Bill of rights (Art. III)
2) On appropriations (Sec. 25 and 29 (1) and
(2), Art. VI);
3) On constitutional appellate jurisdiction of
Supreme Court (Sec. 30, Art. VI);
4) No law granting title of royalty or nobility
shall be passed (Sec. 31, Art. VI);
5) No specific funds shall be appropriated or
paid for use or benefit of any religion, sect,
etc., except for priests, etc., assigned to
AFP, penal institutions, etc. (Sec.29(2),
Art.VI).
b) Implied
1) Prohibition against irrepealable laws;
2) Non-delegation of powers.
The procedural limits on the exercise of the powers of
congress are the following –
1) Only one subject, to be stated in the title of the bill
(Sec. 26(1), Art. VI);
Reason: To prevent hodgepodge or log-rolling legislation.
Hodgepodge or log-rolling legislation (Omnibus Bill)- any act
containing several subjects with unrelated matters
representing diverse interests, the main object of such
combination being to unite the members of the legislature
who favor any one of the subjects in support of the whole act
 To prevent surprise or fraud upon the legislature.
 To fairly apprise the people.
o The title need not be an index of the
contents of the bill; it is enough for the title
to be comprehensive enough to include
subjects related to the general purpose that
the statute seeks to achieve. (Tio v. VRB
151 SCRA 204 [1987])
2) 3 readings on separate days; printed copies of the
bill in its final form distributed to members 3 days
before its passage, except if President certifies to its
immediate enactment to meet a public calamity or
emergency; upon its last reading, no amendment
allowed and the vote thereon taken immediately
and the yeas and nays entered into the Journal (Sec.
26(2), Art. VI);
o Three Readings
1) First reading – the number and
the title of the measure is read
and is referred to the proper
committee.
2) Second reading – the bill is read
in its entirety, scrutinized,
debated upon, and amended if
necessary. This is the most
important stage in the passage of
a bill.
3) Third reading – members merely
register their votes
The phrase “EXCEPT WHEN THE PRESIDENT CERTIFIES
to the necessity of its immediate enactment” qualifies not
only the requirement that “printed copies of a bill in its final
form must be distributed to the members three days before
its passage” but also the requirement that before a bill can
become a law, it must have passed “three readings on
separate days.” (Tolentino v. Sec. of Finance 235 SCRA 630
[1994])
3) Appropriation, revenue and tariff bills, bills
authorizing increase of public debt, bills of local
application, and private bills SHALL ORIGINATE
EXCLUSIVELY IN THE HOUSE OF
REPRESENTATIVES (Sec. 24, Art. VI).
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Q: What are the limitations on
revenue, appropriations and tariff measures
A: The following are the limitation on revenue,
appropriations and tariff measures –
1) All appropriation, revenue or tariff bills authorizing
increase of the public debt, bills of local application, and
private bills shall originate exclusively in the House of
Representatives;
2) Congress may not increase the appropriations
recommended by the President for the operation of the
Government;
3) No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically
to some particular appropriation therein;
4) Form, content and manner of preparation of budget
shall be provided by law;
5) A special appropriations bill shall specify:
a) Purpose for which it is intended, and
b) Shall be supported by funds actually
available as certified by the National
Treasurer, or to be raised by a
corresponding revenue proposal therein;
2) Prohibition against transfer of appropriations
(DOCTRINE OF AUGMENTATION), however, the
President, President of the Senate, Speaker of the
House, Chief Justice of the Supreme Court, and
Heads of Constitutional Commissions may, by law,
be authorized to augment any item in the general
appropriations law for their respective offices from
savings in other items of their respective
appropriation;
3) Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes;
4) Automatic re-appropriation – If, by the end of any
fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal
year, the general appropriations law for the
preceding fiscal year shall be deemed reenacted and
shall remain in force and effect until the general
appropriations bill is passed by the Congress (Sec.
25 (7), Art. VI).
5) SECTION 29 (2) prohibits the expenditure of public
money or property for religious purposes.
6) The general appropriation law must be based on the
budget prepared by the President (Sec. 22, Art VII).
Q: What is the general rule on presidential veto?
A: If the President disapproves a bill enacted by Congress, he
should veto the entire bill. He is not allowed to veto separate
items of a bill.
Q: What is the exception?
A: Item-veto is allowed in case of appropriation, revenue and
tariff bills (Sec. 27 (2), Art. VI).
Q: Are there any exceptions to the exception?
A: Yes. The following are exceptions to the exception in Sec.
27 (2), Art. VI –
1) Doctrine of Inappropriate Provisions – a provision that
is constitutionally inappropriate for an appropriation
bill may be singled out for veto even if it is not an
appropriation or revenue “item” (Gonzales v. Macaraig,
Jr., G.R. No. 87636, November 19, 1990).
2) Executive Impoundment – refusal of the President to
spend funds already allocated by Congress for specific
purpose. It is the failure to spend or obligate budget
authority of any type (Philconsa v. Enriquez, G.R. No.
113105. August 19, 1994).
Q: What are the types of veto?
A: The two types of veto are –
1) Pocket veto – Vetoing of a bill by an executive by not
acting in the time given by law. This veto is not
applicable in the Philippines because inaction by the
president for 30 days never produces a veto even if
congress is in recess.
2) Legislative veto –
2. Non-legislative powers
Q: What is the informing function of congress?
A: The following comprise the informing function of
congress -
1) Delegation of emergency powers;
2) Call special election for President and Vice-President
(sec 19, Article VII);
3) Give concurrence to treaties and amnesties;
4) Propose constitutional amendments -constituent power
(Sec. 1 and 2, Art. XVIII);
5) Confirm certain appointments;
6) Revoke or extend proclamation of suspension of
privilege of writ of habeas corpus or declaration of
martial law (to revoke = legislative veto); and
Q: What is the power of impeachment?
A: Impeachment is a national inquest into the conduct of
public men. (Nachura, Outline on Political Law, 2006) It’s
purpose is not to punish but only to remove an officer who
does not deserve to hold office. (Bernas, ibid)
Q: Other non-legislative powers
A: The following are other non-legislative powers –
i) Power with regard to utilization of natural resources
(Sec.2, Art. XII).
ii) Declaration of existence of war.
IV. THE EXECUTIVE DEPARTMENT
A. PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS
Q: What is the presidential immunity from suit?
A: It grants the president immunity from suits during his
incumbency.
After his tenure, the Chief Executive cannot invoke immunity
from suit for civil damages arising out of acts done by him
while he was President which were not performed in the
exercise of official duties (Estrada v. Desierto, GR Nos
146710-15, March 2, 2001).
a) In Soliven v. Makasiar, 167 SCRA 393, it was held that
while the President is immune from suit, she may not be
prevented from instituting suit.
b) In Forbes v. ChucoTiaco, 16 Phil 534, the Supreme Court
said that the President is immune from civil liability.
c) The rule is that unlawful acts of public officials are not
acts of the State and the officer who acts illegally is not
acting as such but stands in the same footing as any
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other trespasser (Estrada v. Desierto, 2) Midnight appointment; and

GR Nos 146710-15, March 2, 2001).
Q: What is presidential privilege
A: It is the power of the President to withhold certain types
of information from the courts, the Congress, and ultimately
the public.
Q: What types of information are covered by
executive privilege?
A: The following information are covered by executive
privilege -
1) Military or diplomatic objectives
2) Information about the identity of persons who
furnish information of violations of law
3) Internal deliberations comprising the process by
which government decisions are reached Sec 2(a) of
EO 464
a) Conversations and correspondence
between the President and the public
official covered by this executive order;
b) Military, diplomatic and other national
security matters which in the interest of
national security should not be divulged;
c) Information between inter-government
agencies prior to the conclusion of treaties
and executive agreements;
d) Matters affecting national security and
public order.
B. POWERS OF THE PRESIDENT
3) Regulation presidential appointments, with or
without confirmation by the Commission on
Appointments, and recess or ad-interim
appointments.
Q: What are the appointments made solely by the
President (Sec. 16, Art VII)
A: The following are the appointments that can be made
solely by the president –
1) Those vested by the Constitution on the President
alone;
2) Those whose appointments are not otherwise
provided for by law;
3) Those whom he may be authorized by law to
appoint; and
4) Those other officers lower in rank whose
appointment is vested by law in the President alone.
Q: What is a Regular appointment?
A: It is an appointment made by the President while
Congress is not in session. It takes effect immediately but
ceases to be valid if disapproved by the Commission on
Appointments or upon the next adjournment of Congress.
Q: What is an Ad Interim appointment?
A: It is an appointment made by the President while
Congress is in session. It takes effect only after confirmation
by the Commission on Appointments. Once the same is
approved, it continues until the end of the term of the
appointee.

1. Executive and administrative powers in general Q: What is the difference between a regular
appointment and an ad-interim appointment?
Q: What are the executive and administrative A: A regular and an ad-interim appointment can be
powers of the president? distinguished as follows
A:
1) Executive power- The power to enforce and administer Ad-Interim appointment Regular appointment
laws. Sec. 17 of Art. VII of the constitution provides that As to procedure
the president shall have control of all executive It is an appointment made It is an appointment made
departments, bureaus and offices. He shall ensure that by the president while by the president while the
laws are faithfully executed (Sec. 17, Art. VII). congress is NOT IN congress is in session.
2) Power of Administrative Reorganization – The SESSION (The congress is in
President has the continuing authority to reorganize the recess).
national government, which includes the power to As to confirmation
group, consolidate bureaus and agencies, to abolish Made before confirmation of Made only after nomination
offices, to transfer functions, to create and classify the Commission on is confirmed by the
functions, services and activities and to standardize Appointments Commission on
salaries and materials; it is effected in good faith if it is Appointments.
for the purpose of economy or to make bureaucracy As to effectivity
more efficient. (MEWAP v. Exec. Secretary, G.R. No. The appointment shall cease Once confirmed by the COA,
160093, July 31, 2007) to be valid if disapproved by it continues until the end of
3) Until and unless a law is declared unconstitutional, the the COA or upon next the term of the appointee.
President has a duty to execute it regardless of his adjournment of the congress.
doubts as to its validity (faithful execution clause).
Q: What is the appointing procedure for those that
2. Power of appointment need CA Confirmation?
A: The following procedures needed for the appointments
Q: What is the power of appointment? that need CA confirmation -
A: The power of appointment is the power to select, by the 1) Nomination by the President;
authority vested with the power, an individual who is to 2) Confirmation by the Commission on Appointments;
exercise the functions of a given office. 3) Issuance of commission; and Acceptance by the
appointee.
Q: What are the kinds of presidential appointments?
 The appointment process is deemed completed
A: The following are the types of presidential appointments.
upon acceptance. Pending such acceptance, which is
1) Appointments made by an acting president;
optional to the appointee, the appointment may still
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be validly withdrawn. Appointment
to a public office cannot be forced
upon any citizen except for purposes of defense of
the State under Sec. 4, Art. II, as an exception to the
rule against involuntary servitude. (Lacson vs.
Romero, No. L-3081, October 14, 1949).
 In ad interim appointments, steps 1, 3 and 4
precede step 2.
 For appointments which do not require
confirmation, step 2 is skipped.
Q: What are the limitations to the appointing power
of the president?
A: The following are the limitation to appointing power of
the president -
a) The spouse and relatives by consanguinity or
affinity within the 4th civil degree of the President
shall not, during his tenure, be appointed as:
i) Members of the Constitutional
Commissions;
ii) Members of the Office of the
Ombudsman;
iii) Secretaries;
iv) Undersecretaries
v) Chairman or heads of bureaus or offices,
including GOCC and their subsidiaries
(Sec.13, par. 2, Art. VII).
b) Appointments made by an acting-President shall
remain effective unless revoked within 90 days from
assumption of office by elected President (Sec. 14,
Art. VII);
i) The power of the succeeding President to
revoke appointments made by an Acting
President evidently refers only to
appointments in the Executive
Department. It has no application to
appointments in the Judiciary, because
temporary or acting appointments can
only undermine the independence of the
Judiciary due to their being revocable at
will.
c) The President or acting-President shall not make
appointments except temporary ones to executive
positions 2 months immediately before the next
Presidential elections and up to the end of his term
when continued vacancy will prejudice public
service or endanger public safety (Sec. 15, Art. VII);
The prohibition against the President or Acting President
making appointments within two months before the next
presidential elections and up to the end of the President’s or
Acting President’s term does not refer to the Members of the
Supreme Court (De Castro v. JBC, G.R. No. 191002, Mar.17,
2010).
d) The President shall have the power to make
appointments during the recess of the Congress,
whether voluntary or compulsory, but such
appointments shall be effective only until
disapproval by the CA or until the next adjournment
of the Congress (Sec. 16 par. 2, Art. VII).
o This is known as “recess” or “ad-interim”
appointment.
Q: How is an ad-interim appointment terminated?
A: The 2 ways of terminating an ad-interim appointment are
the following -
 Disapproval by the Commission; and
 Adjournment of Congress prior to Commissions
action on the Appointment.
Q: What are midnight appointments?
A: These are appointments made by a President within 2
months before the next presidential elections and up to the
end of his term (Sec. 15, Art VII).
Q: Are there exceptions to the rule against midnight
appointments?
A: Yes. In de Castro v. JBC, the court held that the rule
against midnight appointments does not extend to
appointment of members of the Supreme Court. The court
held that had the framers of the constitution intended to
extend the prohibition contained in Sec. 15, Art. VII to the
appointment of members of the Supreme Court, they could
have explicitly done so. That such specification was not done
only reveals that the prohibition against the president or
acting president making appointments within two months
before the next presidential elections and up to the end of the
president’s or acting president’s term does not refer to the
members of the Supreme Court.
The ruling in de Castro v. JBC granted then President G.M.
Arroyo the authority to appoint Chief Justice Corona as
successor of retired Chief Justice Puno.
The de Castro ruling modified the rule espoused in In re:
Appointment of Valenzuela which ruled that the provision on
midnights applies to the judiciary.
Q: Does the president have the power of removal?
A: Yes. The power of removal is implied from the power to
appoint.
Q: Is there an exception to the power of removal?
A: Yes. There are some presidential appointees that the
president cannot remove as the constitution prescribes
certain methods for their separation from public service.
Examples of these appointees are the following –
a. Presidential appointees who can be removed only
through impeachment (e.g. the ombudsman).
b. Judges of inferior courts, even if they are appointed
by the president. They are subject to the disciplinary
authority of, and may be removed only by the
Supreme Court.
3. Power of control and supervision
Q: What is the power of control and the power of
supervision?
A: The power of control is the power of an officer to alter,
modify, nullify, or set aside what a subordinate has done in
the performance of his duties and to substitute his judgment
to that of the former (Mondano v. Silvosa, G.R. No. L-8040,
May 30, 1955).
The power of supervision is merely the power or authority of
an officer to see that subordinate officers perform their
duties, and if the latter fail or neglect to fulfill them, then the
former may take such action or steps are prescribed by law
(Ibid).
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Q: What is the doctrine of
qualified political agency or
alter ego principle?
A: The doctrine of qualified political agency or “alter
ego principle” provides that “all executive and administrative
organizations are adjuncts of the Executive Department, the
heads of the various executive, and, except in cases where the
Chief Executive is required by the Constitution or law to act
in person or the exigencies of the situation demand that he
acts personally, the multifarious executive and
administrative functions of the Chief Executive are
performed by and through the executive departments, and
the acts of the Secretaries of Executive departments when
performed and promulgated in the regular course of business
or unless disapproved or reprobated by the Chief Executive,
are presumptively the acts of the Chief Executive” (Villena v.
Secretary of the Interior, No. 46570, April 21, 1939).
4. Military powers
Q: What are the military powers of the president?
A: The military powers of the president are the following –
a. Calling-out power – The power to call out the
Armed Forces to prevent or suppress lawless
violence, invasion or rebellion.
1) The conditions of “actual invasion or
rebellion” and “public safety requires it”
need not concur before the president may
exercise its “calling-out power”. The only
criterion is that whenever it becomes
necessary, the president may call the
armed forces to prevent or suppress
lawless violence, invasion, or rebellion
(SANLAKAS, v. Executive Secretary, G.R.
No. 159085, [2004]).
2) The calling out power of the armed forces
to prevent or suppress lawless violence is a
power that the constitution directly vests
in the president. The president does not
need congressional authority to exercise
the same. If there is a need to pacify the
people’s fear and stabilize the situation,
the president has to take preventive action
(Ampatuan v. Puno, G.R. No. 190259,
[2011]).
3) The president has discretionary authority
to declare a state of rebellion. The court
may only look into the sufficiency of the
factual basis for the exercise of the power.
b. Suspension of the writ of habeas corpus; and
c. Declaration of Martial Law.
Q: What is the ground for the suspension of the writ
of habeas corpus?
A: The writ of habeas corpus may be suspended in case there
is an invasion or rebellion, when the public safety requires it.
Q: What are the effects of the suspension of the writ
of habeas corpus?
A: The following are the effects of the suspension of the writ
of habeas corpus –
 The proclamation does not affect the right to bail;
 The suspension applies only to persons facing
charges of rebellion or offenses inherent in or in
directly connected with the invasion;
 Persons arrested must be charged within 3 days; if
not they must be released;
 The proclamation does not supersede civilian
authority.
Q: What is the ground for declaring martial law?
A: Martial law may be declared if there is an invasion or
rebellion. However, the following cannot be done when
martial law is declared –
a. Suspension of the operation of the constitution;
b. Supplant the functioning of the civil courts and the
legislative assemblies;
c. Confer jurisdiction upon military courts and
agencies over civilians, where civil courts are able to
function;
 Open court doctrine – Civilians cannot be
tried by military courts if the civil courts
are open and functioning.
d. Automatically suspend the privilege of the writ of
habeas corpus.
Q: What are the constitutional limitation on the
suspension of the privilege of the writ of habeas
corpus and declaration of martial law?
A: The following are the constitutional limitation on the
suspension of the privilege of the writ of habeas corpus and
declaration of martial law:
a) The suspension of the privilege of the writ of habeas
corpus and martial law shall be in effect for not more than 60
days. Following which, it shall be lifted, unless extended by
congress.
b) The president should report to the congress the
suspension of the privilege of the writ of habeas corpus and
the declaration of martial law, within 48 hours, personally or
in writing.
c) The congress has the authority to revoke or extend
the effectivity of the proclamation, by majority vote of all of
its members voting jointly.
d) The Supreme Court has the authority to inquire into
the sufficiency of the factual basis for such action, at the
instance of any citizen. The decision must be promulgated 30
days within its filing.
Q: How can the declaration of martial law and the
suspension of the privilege of the writ of habeas
corpus be lifted?
A: The declaration of martial law and the suspension of the
privilege of the writ of habeas corpus be lifted through any of
the following means –
1) Lifting by the president himself;
2) Revocation by congress;
3) Nullification by the Supreme Court; and
4) By operation of law after 60 days.
5. Pardoning power
Q: What is the nature of the power of the president
to grant pardon?
A: It is discretionary. It may not be controlled by the
legislature or reversed by the court, unless there is a
constitutional violation.
In granting the power of executive clemency upon the
President, Section 19, Article VII of the Constitution does not
distinguish between criminal and administrative cases.
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Q: What are limitations to the
exercise of the power to grant
pardon?
A: The following are limitations to the exercise of the power
to grant pardon -
a) Cannot be granted in cases of impeachment
b) Cannot be granted in violations of election laws
without the favorable recommendation of the
COMELEC
c) Can be granted only after conviction by final
judgment (except amnesty);
d) Cannot be granted in cases of legislative contempt
or civil contempt;
e) Cannot absolve convict of civil liability;
f) Cannot restore public offices forfeited; and
g) A grant of amnesty must be with the concurrence of
a majority of all the Members of Congress.
Q: What is Pardon?
A: An act of grace which exempts individual on whom it is
bestowed from punishment which the law inflicts for a crime
he has committed. A pardon is a deed, to the validity of
which delivery is essential, and delivery is not complete
without acceptance. It can be rejected (United States v.
Wilson, G.R. No. 90-1745,March 24, 1992).
Q: What are the classifications of pardon?
A: Pardon can be conditional or absolute.
a) Conditional pardon - in the nature of a contract
between the Chief Executive and the convicted
criminal; by the pardonee’s consent to the terms
stipulated in the contract, the pardonee has placed
himself under the supervision of the Chief Executive
or his delegate who is duty bound to see to it that
the pardonee complies with the conditions of the
pardon. (Torres v. Gonzales, No. L-76872, July 23,
1987)
b) Absolute pardon -does not impose any condition
upon the pardonee and is complete even without
the necessity of acceptance.
Q: What is Amnesty?
A: An act of grace, concurred in by the Legislature, usually
extended to classes of persons who committed political
offenses, which puts into oblivion the offense itself.
Amnesty presupposes the commission of a crime and thus an
accused cannot avail of the benefits of amnesty if he
continues to profess his innocence.
Q: What are other forms of executive clemency?
A: The following are the forms of executive clemency -
a) Commutation – reduction or mitigation of the
penalty.
b) Reprieve – postponement of sentence or stay of
execution.
c) Parole – release from imprisonment, but without
full restoration of liberty, as parolee is in the
custody of the law although not in confinement.
d) Remission of fines and forfeiture - merely prevents
the collection of fines or the confiscation of forfeited
property; it cannot have the effect of returning
property which has been vested in thirds parties or
money already in public treasury.
6. Diplomatic power
Q: What is the diplomatic power of the president?
A:
a) No treaty or international agreement shall be valid and
effective unless concurred in by at least 2/3 of all the
Members of the Senate.
b) The power to ratify is vested in the President, subject to
the concurrence of the Senate. The role of the Senate,
however, is limited only to giving or withholding its
consent, or concurrence, to the ratification. Hence, it is
within the authority of the President to refuse to submit
a treaty to the Senate or, having secured its consent for
its ratification, refuse to ratify it. Although the refusal of
a state to ratify a treaty which has been signed in its
behalf is a serious step that should not be taken lightly,
such decision is within the competence of the President
alone, which cannot be encroached by the Court via a
writ of mandamus (Aquilino Pimentel, Jr., et al. v. Office
of the Exec Sec., et al., G.R. No. 158088, July 6, 2005).
c) The President is the sole organ of the nation in its
external relations, and its sole representative with
foreign nations (Neri v. Senate, G.R. No. 180643,
September 4, 2008)
Q: What are the other foreign affairs powers of the
president?
A: The following are the other foreign affairs powers of the
president:
a) The power to make treaties (Sec. 21, Art. VII).
b) The power to appoint ambassadors, other public
ministers, and consuls (Sec. 16, Art. VII).
c) The power to receive ambassadors and other public
ministers duly accredited to the Philippines.
7. Powers relative to appropriation measures
Q: What are the powers of the president relative to
appropriation measures?
A: The following are the powers of the president relative to
appropriation measures:
a) Budgetary Power (Sec. 22, Art VII)
 Within 30 days from the opening of every regular
session, President shall submit to Congress a budget
of expenditures and sources of financing, including
receipts from existing and proposed revenue
measure.
 Congress may not increase the appropriation
recommended by the President for the operation of
the Government as specified in the budget (Sec. 22,
Art. VII).
b) Borrowing Power (Sec. 20, Art. VII)
 The President may contract or guarantee foreign
loans on behalf of the Republic with the
concurrence of the Monetary Board, subject to such
limitations as may be provided by law.
 The Monetary Board shall submit to Congress
report on loans within 30 days from end of every
quarter.
8. Delegated powers
Q: What are the delegated powers of the president
A: These are the powers which the congress delegates to the
president. Among these powers are - to exercise emergency
powers (Sec. 23 (2), Art. VI)and tariff powers (Sec. 28 (2),
Art. VI).
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Q: What are the conditions for
the Exercise of the President of Emergency Powers?
A: The following are the conditions for the exercise of the
president of his emergency powers -
a) There must be a war or national emergency;
b) There must be a law authorizing the President to
exercise emergency powers;
c) Exercise must be for a limited period;
d) Must be subject to restrictions that Congress may
provide; and
e) Exercise must be necessary and proper to carry out
a declared national policy (Sec. 23 (2), Art. VI).
9. Veto powers
Q: What is the veto power of the president?
A: The refusal of assent by the executive officer whose assent
is necessary to perfect a law which has been passed by the
legis- lative body, and the message which is usually sent to
such body by the executive, stating such refusal and the
reasons therefor (Veto, Black’s Law Dictionary [4th Ed.,
1968].
10. Residual powers
Q: What are the residual powers of the president?
A: The following are the residual powers of the president -
1) Call Congress to a special session (Sec. 15, Art. VI);
2) Approve or veto bills (Sec. 27, Art. VI);
3) Deport aliens (Qua CheeGan v. The Deportation Board,
G.R. No. L-10280, September 30, 1963);
4) Consent to deputization of government personnel by
COMELEC (Sec.2 (4), Art. IX-C);
5) Discipline such deputies (Sec. 2 (8), Art. IX-C);
6) General supervision over local government units and
autonomous regional governments (Art. X);
General supervision – mere overseeing of subordinates to
make sure that they do their duties under the law but does
not include the power to overrule their acts, if these acts are
within their discretion.
7) Whatever is not judicial, whatever is not legislative, is
residual power exercised by the president.
C. Rules of Succession
Q: What is the procedure in cases of vacancies in the
Offices of both President and Vice-President?
A: In case there be a vacancy in the offices of both the
president and vice president
1) Congress shall convene in accordance with its rules
without the need of a call in the third day after the
vacancy occurs.
2) Within seven days shall enact law for a special
election to be held not earlier than 45 days nor later
than 60 days thereafter.
3) The bill shall be deemed certified under paragraph
2, Sec. 26, Art. VI and shall become law upon its
approval on third reading by the Congress.
4) Appropriations shall be charged against any current
appropriations and shall be exempt from the
requirements of paragraph 4, Sec. 25, Art. VI.
5) Convening of the Congress cannot be suspended
nor the special election postponed.
6) No special election shall be called if the vacancy
occurs within 18 months before the date of the next
presidential election.
Q: What are the rules of succession in case of
disability of the president?
A: The following are the rules of succession in case of
disability of the president -
1) In case the President transmits to the Speaker of the
House and Senate President his written declaration of
inability to discharge the powers and duties of his
office:
 The VP shall be the acting President UNTIL the
President transmits a written declaration to the
contrary.
2) In case the majority of the Cabinet Members transmits
to the Speaker of the House and Senate President a
written declaration of the Presidents inability to
discharge the powers and duties of his office:
 The VP shall immediately assume the powers and
duties as the Acting President.
3) In case there is a contrary declaration between the
President and the majority of the Members of the
Cabinet:
a) The Congress shall decide the issue
b) If the Congress by a 2/3 vote of both Houses, voting
separately, found the President incapacity, the VP
shall act as President
c) Otherwise, President shall continue to exercise the
powers and duties of his office.
Q: What is the rule in case the president becomes
seriously ill?
A: In case of serious illness of the President, the public shall
be informed of the state of his health. The Members of the
Cabinet in charge of national security and foreign relations
and the Chief of Staff of the AFP shall not be denied access to
the President during such illness.
VI. CONSTITUTIONAL COMMISSIONS
A. CONSTITUTIONAL SAFEGUARDS TO ENSURE
INDEPENDENCE OF COMMISSIONS
Q: What are the eleven (11) safeguards provided by
the Constitution to ensure independence of the
Commissions?
A: These are
1) They are constitutionally created; may not be
abolished by a statute
2) Each is conferred certain powers and functions
which cannot be reduced by statute
3) Each expressly described as independent (Article
IX, Section 1)
4) Chairmen and members are given fairly long term
of office for seven (7) years;
5) Chairmen and members cannot be removed except
by impeachment (Article XI, Section 2)
6) Chairmen and members may not be reappointed or
appointed in an acting capacity;
7) Salaries of chairmen and members are relatively
high and may not be decreased during continuance
in office (Article IX, Section 3)
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8) Commissions enjoy fiscal
autonomy (Article IX, Section 5)
9) Each commission may promulgate its own
procedural rules (Article IX, Section 6)
10) Chairmen and members are subject to certain
disqualifications calculated to strengthen their
integrity
11) Commissions may appoint their own officials and
employees in accordance with Civil Service Law
(Article IX, Section 4)
Q: What are the rules governing appointment of
Chairmen of the Constitutional Commissions?
A:
1) The position of the Chairmen of the Constitutional
Commission is a position vested in him by the
Constitution
2) Officers of the Constitutional Commission are
appointed by the President, that require
confirmation of the Commission on Appointments
(Article IX, B, C, & D, 1[2]) (rulings in Sarmiento III
v. Mison, 156 S 549), Bautista v. Salonga, 172 S 160,
and Deles v. Constitutional Commission, 177 S 259)
3) Article VII, Section 13 paragraph 2 of the
Constitution provides that “The spouse and
relatives by consanguinity or affinity within the 4th
civil degree of the President shall not during his
tenure be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and
their subsidiaries.”
B. POWERS AND FUNCTIONS OF EACH
COMMISSION
Q: What are the powers and functions of the Civil
Service Commission?
A: The authority of CSC to approve appointments
a) to check whether or not the appointee possesses the
appropriate civil service eligibility or the required
qualification
b) does not include the authority to make the
appointment itself or to direct theappointing
authority to change the employment status of an
employee.
The CSC can only inquire into the eligibility of the person
chosen to fill a position and if it finds the person qualified, it
must so attest. If not, the appointment must be disapproved.
(Province of Camarines Sur vs. CA, G.R. No. 104639, July
14, 1995)
In the case of Lopez vs. CSC, 194 SCRA 269, the SC held that
the CSC has no power to revoke an appointment simply
because it believes that the person protesting the
appointment or somebody is better qualified, for that will
constitute an encroachment of the discretion vested solely in
the appointing authority.
Q: What are the powers and functions of the
COMELEC?
A:
1) Enforce and administer law and regulations relative to
the conduct of elections,plebiscite, initiative,
referendum or recall;
2) Exclusive original jurisdiction over all contests relating
to election, returns andqualifications of all elective
regional, provincial, and city officials;
3) Exclusive appellate jurisdiction over all contests
involving elective municipalofficials decided by the RTC,
or involving elective barangay officials by MTC;
4) Decide, except those involving right to vote, all questions
affecting elections, including the determination of
number and location of polling places, appointment of
election officials and inspectors and registration of
voters;
5) Deputize, with concurrence of President, law
enforcement agencies andinstrumentalities for exclusive
purpose of insuring free, orderly, honest, peaceful
6) and credible elections.
7) Register, after sufficient publication, political parties,
organizations or coalitionswhich must present their
platform or program government; accredit
citizen’sarms;
8) File upon verified complaint or motuproprio petitions in
court for inclusions orexclusions of voters; investigate
and, where appropriate, prosecute cases ofviolations of
election laws;
9) Recommend to Congress effective measures to minimize
election spending,limitation of places and prevent and
penalize all forms of election frauds,offenses,
malpractice and nuisance candidates; and
10) Submit to the President and Congress, comprehensive
reports on conduct ofeach election, plebiscite, initiative,
referendum or recall.
Q: What are the powers and functions of the COA?
A: The powers and functions of the COA are as follows:
1) Examine, audit and settle all accounts pertaining to
revenue and receipts of, andexpenditures or uses of
funds and property owned or held in trust or pertaining
togovernment;
2) Keep general accounts of government and preserve
vouchers and supportingpapers;
3) Authority to define scope of its audit and examination,
establish techniques andmethods required therefore;
and
4) Promulgate accounting and auditing rules and
regulations, including those forpreservation and
disallowance.
C. PROHIBITED OFFICES AND INTERESTS
Q: What are the measures provided by the
Constitution to ensure integrity of members of the
Commission?
A: Article IX, A, Section 2 provides that “no Member of a
Constitutional Commission shall, during his tenure, hold any
other office or employment. Neither shall he engage in the
practice of any profession or in the active management or
control of any business which in any way may be affected by
the functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of
its subdivisions, agencies, or instrumentalities, including
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government-owned or controlled
corporations or their subsidiaries.”
Also, according to Article XI, Section 17, members of the
Constitutional Commission shall, upon assumption of office
and as often thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities, and net worth
and the declaration shall be disclosed to the public in the
manner provided by law.
D. JURISDICTION OF EACH
CONSTITUTIONAL COMMISSION
Q: Jurisdiction of COMELEC?
A: The Commission on Elections (COMELEC) has exclusive
original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial,
and city officials and has appellate jurisdiction over all
contests involving elective municipal officials decided by trial
courts of general jurisdiction or involving elective barangay
officials decided by trial courts of limited jurisdiction.
(Article IX (C), Section 2 (2), paragraph 1 of the 1987
Constitution)
COMELEC has the inherent power to decide an election
contest on physical evidence, equity, law and justice, and
apply established jurisprudence in support of its findings and
conclusions unless such has been abused. (Galido v.
Commission on Elections and Saturnino R. Galeon)
The Constitutional mandate to COMELEC to enforce and
administer laws and regulations relative to conduct of
plebiscites (among others) includes the power to ascertain
the true results of such plebiscite. It includes the power to do
all that is necessary to achieve honest and credible
plebiscites. The provision granting COMELEC jurisdiction
over contests re: elected officials is not limiting in the sense
that it only limits quasi-judicial power of COMELEC to such
cases. The power to ascertain true results is implicit in its
power to enforce all laws relative to the conduct of plebiscite.
(Buac & Bautista v. Comelec, 2004)
Q: Jurisdiction of Civil Service Commission?
A: The CSC is not empowered to determine the kind or
nature of the appointment extended by the appointing
officer, its authority being limited to approving or reviewing
the appointment in the light of the requirements of the Civil
Service Law (Luego v CA).
Embraces all branches, subdivisions,instrumentalities and
agencies of the Government, including government-owned
and controlled corporationswith original charters [Section
2(1), Article IX-B].
Q: Jurisdiction of COA?
A: “No law shall be passed exempting any entity of the
Government or its subsidiaries in any guise whatever, or any
investment of public funds, from the jurisdiction of the
Commission on Audit.” (Article IX-D, Section 3)
No less than the Constitution has ordained that the COA
shall have exclusive authority to define the scope of its audit
and examination, establish the techniques and methods
required therefore, and promulgate accounting and auditing
rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures, or use of
government funds and properties. (Art. IX, D. Sec. 2(2), 1987
Constitution of the Philippines) (Danville Maritime, Inc. v
COA)
E. REVIEW OF FINAL ORDERS,
RESOLUTIONS AND DECISIONS
Q: How do you appeal COMELEC exercise of its
adjudicatory or quasi-judicial powers?
A: Under Article IX (A) Section 7, "(U)nless otherwise
provided by this Constitution or by law, any decision, order,
or ruling of each (Constitutional) Commission may be
brought to the Supreme Court on certiorari by the aggrieved
party within thirty days from receipt of a copy thereof."
The COMELEC’s exercise of its quasi-judicial powers is
subject to Section 3, Article IXC which expressly requires
that:
1) All elections cases, including pre-proclamation
controversies, shall bedecided by the COMELEC in
division, and
2) The motion for reconsideration shall be decided by
the COMELEC en banc.
Q: How do you appeal COMELEC exercise on civil
actions?
A: Jurisdiction of RTC is only on civil actions. (Buac &
Bautista v. Comelec, 2004)
Q: What is the process of review of COA decisions?
A: Each Commission shall decide by a majority vote of all its
Members, any case or matter brought before it within sixty
days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision
or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by
the Commission itself. Unless otherwise provided by this
Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on
certiorari by the aggrieved party within thirty days from
receipt of a copy thereof. (Article IX, A, Section 7)
RIGHTS OF THE ACCUSED
Q: What are the rights of the accused?
A: In all criminal prosecutions, the accused shall be entitled
to the following rights:
1) To be presumed innocent until the contrary is
proved beyond reasonable doubt.
2) To be informed of the nature and cause of the
accusation against him.
3) To be present and defend in person and by counsel
at every stage of the proceedings, from arraignment
to promulgation of the judgment. The accused may,
however, waive his presence at the trial pursuant to
the stipulations set forth in his bail, unless his
presence is specifically ordered by the court for
purposes of identification. The absence of the
accused without justifiable cause at the trial of
which he had notice shall be considered a waiver of
his right to be present thereat. When an accused
under custody escapes, he shall be deemed to have
waived his right to be present on all subsequent trial
dates until custody over him is regained. Upon
motion, the accused may be allowed to defend
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himself in person when it sufficiently
appears to the court that he can
properly protect his rights without the assistance of
counsel.
4) To testify as a witness in his own behalf but subject
to cross-examination on matters covered by direct
examination. His silence shall not in any manner
prejudice him.
5) To be exempt from being compelled to be a witness
against himself.
6) To confront and cross-examine the witnesses
against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who
is deceased, out of or can not with due diligence be
found in the Philippines, unavailable, or otherwise
unable to testify, given in another case or
proceeding, judicial or administrative, involving the
same parties and subject matter, the adverse party
having the opportunity to cross-examine him.
7) To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
8) To have speedy, impartial and public trial.
9) To appeal in all cases allowed and in the manner
prescribed by law. (Section 1, Rule 115, Rules on
Criminal Procedure)
RIGHTS OF THE ACCUSED:
CRIMINAL DUE PROCESS
Q: What is the Due Process of Law in criminal cases?
A: Criminal proceedings then, due process is satisfied if the
accused is "informed as to why he is proceeded against and
what charge he hall to meet, with his conviction being made
to rest on evidence that is not tainted with falsity after full
opportunity for him to rebut it and the sentence being
implied in accordance with a valid law. It is assumed, of
course, that the court that rendered the decision is one of
competent jurisdiction. (Mejia v. Pamaran, G.R. No. L-
56741-42, April 15, 1988)
RIGHTS OF THE ACCUSED: BAIL
Q: What is Bail?
A: Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under
the conditions hereinafter specified. (Section 1, Rule 114,
Rules on Criminal Procedure)
Q: What is the purpose of Bail?
A: The purpose of putting up bail for approval of the court is
to release an accused from imprisonment until his conviction
and yet secure his appearance at the trial of his case.
(Almeda vs Villaluz, 86 SCRA 38 cited in The Revised Rules
on Criminal Procedure, Pineda, 2006)
Q: When is Bail not a matter of right?
A: Bail is not a matter of right when the offense charged
carries an imposable penalty of reclusion perpetua or
higher.(Section 7, Rule 114, Rules on Criminal Procedure;
Section 7, Article III, 1987 Constitution)
RIGHTS OF THE ACCUSED:
PRESUMPTION OF INNOCENCE
Q: What can overcome the right to presumption of
innocence of the accused?
A: Proof beyond reasonable doubt is indispensable to
overcome the constitutional presumption of innocence.
(People vs. Montenegro, 466 SCRA 33 cited in The Revised
Rules on Criminal Procedure, Pineda, 2006)
RIGHTS OF THE ACCUSED:
RIGHT TO BE HEARD
Q: What are the elements of the right to be heard?
A: The elements of right to be heard are:
1) the right to be present at the trial;
2) the right to counsel;
3) right to an impartial judge;
4) the right of confrontation;
5) the right to compulsory process to secure the
attendance of witness. (Bernas, supra)
RIGHTS OF THE ACCUSED:
ASSISTANCE OF COUNSEL
Q: What is the purpose of providing counsel for
accused?
A: The purpose of providing counsel to a person under
custodial investigation is to curb the uncivilized practice of
extracting a confession. (People vs. Dueñas, Jr., 426 SCRA
666 cited in The Revised Rules on Criminal Procedure,
Pineda, 2006)
Q: What is the effect of violation of right to counsel?
A: The violation of this right is a basis for a motion for new
trial. Thus, where it was found out that the “counsel” who
appeared for the accused is not a member of the bar, there
was a denial of due process. (Delgado vs. CA, 145 SCRA 357
cited in The Revised Rules on Criminal Procedure, Pineda,
2006)
RIGHTS OF THE ACCUSED:
RIGHT TO BE INFORMED
Q: Which stage of criminal proceedings implements
or observes the right to be informed of the accused?
A: The right to be informed of the nature and the cause of
accusation is done at the arraignment stage of the criminal
proceedings. (Section 1(a), Rule 116, Rules of Criminal
Procedure)
Arraignment is the stage where the complaint or information
is read to the accused in an open court and in a language and
dialect known to him and furnishing him a copy thereof. (The
Revised Rules on Criminal Procedure, Pineda, 2006)
Q: What is the purpose of the right to be informed?
A: First. To furnish the accused with such a description of
the charge against him as will enable him to make his
defense; and second, to avail himself of his conviction or
acquittal for protection against a further prosecution for the
same cause; and third, to inform the court of the facts
alleged, so that it may decide whether they are sufficient in
law to support a conviction, if one should be had. [People v.
Valdesancho, G.R. Nos. 137051-52, May 30, 2001]
RIGHTS OF THE ACCUSED:
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
TRIAL
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Q: What is the right to speedy
trial, impartial trial and public trial?
A: Speedy trial means a trial conducted according to the law
of criminal procedure and the rules and regulations, free
from vexations, capricious, and oppressive delays (Kalaw vs.
Apostol, 64 Phil. 852 cited in The Revised Rules on Criminal
Procedure, Pineda, 2006)
Right to impartial trial means that the accused is entitled to
have a fair and impartial judge. The judge must not only be
competent and honest but also independent, meaning
beyond the influence of anyone, not even of public opinion
generated by publicity. (The Revised Rules on Criminal
Procedure, Pineda, 2006)
Right to public trial secures the accused the assurance that
his trial is open to the public within the courtroom of the
judge. “Trial should also be public in order to offset any
danger of conducting it in an illegal and unjust manner”
(Jose P. Laurel’s remark cited in the case of Garcia vs.
Domingo, infra cited in The Revised Rules on Criminal
Procedure, Pineda, 2006)
RIGHTS OF THE ACCUSED:
RIGHT OF CONFRONTATION
Q. What is the right of confrontation?
A: It is the right of the accused to confront the witness. It is
based on the constitutional right of the accused “to meet the
witnesses face to face” (Section 2, Article III, 1987
Constitution)
The purpose of the right of confrontation is to secure for the
accused the opportunity to cross-examine the witnesses
presented against him. The secondary purpose is to enable
the trial judge to observe the appearance, deportment, or
demeanor of the witnesses which is essential in weighing
their sincerity and trustworthiness. (U.S. vs. Javier, 37 Phil
449 cited in The Revised Rules on Criminal Procedure,
Pineda, 2006)
Q: What are the exceptions to right of
confrontation?
A: Exceptions to this rule are as follows:
1) The right of confrontation and cross-examination
cannot be invoked if the witness against the accused
had already testified in another proceeding
involving the same parties and subject matter,
where the latter had the opportunity to cross-
examine the former.
2) The right of confrontation and cross-examination
may be waived expressly after arraignment or
impliedly by Nnon-appearance of the accused in the
trial (Carredo vs. People, 183 SCRA 273)
3) The right of confrontation is sometimes dispensed
with or excused in admissible hearsay evidence like
in dying declarations of the victim of the crime
(Section 37, Rule 130; cited in The Revised Rules on
Criminal Procedure, Pineda, 2006)
RIGHTS OF THE ACCUSED:
COMPULSORY PROCESS
Q: What is the right to have compulsory process?
A:With this right, the accused can request the court for the
issuance of subpoenatestificandumto a witness ordering him
to appear and testify on the date and hour indicated in the
subpoena. (The Revised Rules on Criminal Procedure,
Pineda, 2006)
Q: Who can issue subpoena?
A: The subpoena may be issued by:
1) the court before whom the witness is required to
attend;
2) the court of the place where the deposition is to be
taken;
3) the officer or body authorized by law to do so in
connection with investigations conducted by said
officer or body; or
4) any Justice of the Supreme Court or of the Court of
Appeals in any case or investigation pending within
the Philippines. (Section 2, Rule 21, Rules of Civil
Procedure)
RIGHTS OF THE ACCUSED:
TRIALS IN ABSENTIA
Q. What are the essential elements to make the
promulgation of judgment in absentia valid??
A: The elements are:
1) that the judgment be recorded in the criminal
docket
2) that a copy thereof be served upon the accused or
counsel. (Estrada vs. People, ibidcited in The
Revised Rules on Criminal Procedure, Pineda,
2006)
WRIT OF HABEAS CORPUS
Q: What is the Writ of Habeas Corpus?
A: It is a writ employed to bring to bring a person before a
court, most frequently to ensure that the party’s
imprisonment or detention is not illegal. (Black’s Law
Dictionary)
Q:When does the privilege of the writ of habeas
corpus shall not be suspended?
A: The privilege of the writ of habeas corpus shall not be
suspended in cases of invasion or rebellion when the public
safety requires it.(Section 15, Article III, 1987 Constitution)
WRITS OF AMPARO, HABEAS DATA, AND
KALIKASAN
Q: What is the Writ of Amparo?
A: The petition for a writ of amparo is a remedy available to
any person whose right to life, liberty and security is violated
or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or
entity.The writ shall cover extralegal killings and enforced
disappearances or threats thereof.(Section 1, Rule on the
Writ of Amparo)
Q: What is the Writ of Habeas Data?
A: The writ of habeas data is a remedy available to any
person whose right to privacy in life, liberty or security is
violated or threatened by an unlawful act or omission of a
public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or
information regarding the person, family, home and
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correspondence of the aggrieved
party.(Section 1, Rule on the Writ of
Habeas Data)
Q: What is the Writ of Kalikasan?
A: The writ is a remedy available to a natural or juridical
person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group
accredited by or registered with any government agency, on
behalf of persons whose constitutional right to a balanced
and healthful ecology is violated, or threatened with violation
by an unlawful act or omission of a public official or
employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or
provinces. (Section 1, Rule 7, Rules of Procedure for
Environmental Cases)
SELF-INCRIMINATION CLAUSE
Q: What is theprivilege against self-incrimination?
A: The privilege against self-incrimination is the
constitutional right of a person to refuse to answer against
himself or herself which will subject him to an incrimination.
(Inherent Powers of State and the Bill of Rights: A Book on
Constitutional Law, Aralar, 2011)
This is based on the provision under Section 17, Article III of
the 1987 Constitution which states that “No person shall be
compelled to be a witness against himself.”
1. Scope and coverage
Q: What is the scope of privilege against Self-
Incrimination?
A: The privilege of the accused to be exempt from testifying
as a witness involves a prohibition against testimonial
compulsion only and the production by the accused of
incriminating documents, and articles demanded from him.
It does not include the examination of his body as evidence
when it may be material (Holt vs. U.S., 219 U.S. 245; U.S. vs.
Tan Teng, 23 Phil. 145 cited in The Revised Rules on
Criminal Procedure, Pineda, 2006)
Q: What is the coverage of the self-incriminatory
rule?
A: The constitutional inhibition against self-incrimination is
directed not merely to giving of oral testimony but embraces
as well as the furnishing of evidence by the other mean than
by word of mouth, the divulging, in short of any fact which
the accused has a right to hold secret. (Beltran vs. Samson,
53 Phil. 574 cited in The Revised Rules on Criminal
Procedure, Pineda, 2006))
a) Foreign laws
Q: What are the foreign laws about Self-
Incrimination clause?
A: The right against self-incrimination under foreign is
directed at the employment of legal process to extract from
the person’s own lips an admission of guilt, which would thus
take the place of other evidence. The Clause cannot be
violated by the introduction of non-testimonial evidence
obtained as a result of voluntary statements. (United States
v. Patane, 542 U.S. 630, June 28, 2004)
The privilege which exists as to private papers, cannot be
maintained in relation to “records required by law to be kept
in order that there may be suitable information of
transactions which are the appropriate subjects of
governmental regulation and the enforcement of restrictions
validly established. (Shapiro v. US, 355 U.S. 1 (1948))
2. Application
Q: What is the application of self-incrimination
clause?
A: The right against self-incrimination can only be invoked
in instances of testimonial compulsion and production
documents, papers and chattels in court except when books
of account are to be examined in the exercise of police power
and the power of taxation. (Nachura, Outline Reviewer in
Political Law, 2009)
Physical examination is not covered by the self-incrimination
clause. An exception to the application of the right against
self-incrimination during physical examination is an order
requiring the accused to write so that his handwriting may be
validated with the documentary evidence. (Samson v.
Beltran, G.R. No. 32025, September 23, 1929)
Application of the clause may also be had in:
a) Administrative proceedings with penal aspect i.e
medical board investigation (Pascual v. Board of
Medical Examiners ,G.R. No. L-25018 May 26,
1969)
b) Forfeiture proceeding (Cabal v. Kapunan Jr., G.R.
No. L-19052 December 29, 1962)
c) Fact-Finding investigation by an ad hoc body
(Galman vs. Pamaran, G.R. Nos. 71208-09, August
30, 1985)
3. Immunity statutes
Q: What are the immunity statutes?
A: Immunity states seek a rational accommodation between
the imperatives of a individual’s constitutional right against
self-incrimination and the legitimate governmental interest
in securing testimony. To secure the person’s testimony
without exposing him to the risk of prosecution, the law
recognizes that the witness can be given immunity from
prosecution. (Quarto v. Ombudsman, G.R. No. 19042,
October 5, 2011)
Q: What are the two types of immunity statutes?
A: There are two types of immunity statutes, these are the
use and fruit of immunity and the transactional immunity.
“Use immunity” prohibits use of a witness’ compelled
testimony and its fruits in any manner in connection with the
criminal prosecution of the witness. “Transactional
immunity” grants immunity to witness from prosecution for
an offense to which his compelled testimony relates.
(Galman vs. Pamaran, supra)
R. Involuntary servitude and political prisoners
Q: What is involuntary servitude?
A: Involuntary servitude is the condition when an individual
is compelled against his will, either by force, coercion, or
imprisonment, to work for another whether with or without
pay. (Constitutional Law: A Barrister’s Companion; Cecilio
D. Duka, 2010, Rex Printing Company, Inc., p. 404)
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S. Excessive fines and cruel and
inhuman punishments
Q: Is lethal injection considered as a cruel
punishment?
A: NO.The pain inflicted through lethal injection is just
incidental to the carrying out of the execution of death
penalty and does not violate the constitutional prohibition
for cruel, degrading, or inhuman punishment. (Echegaray vs.
Executive Secretary, G.R. No. 132601, January 19, 1999)
(Constitutional Law: A Barrister’s Companion; Cecilio D.
Duka, 2010, Rex Printing Company, Inc., pp. 414-415)
T. Non-imprisonment for debts
Q: What is poll tax?
A: Poll tax, which is also known as head tax or capitation
tax, “is a tax of a portioned, fixed amount per individual in
accordance with the census.” It is a specific sum imposed
upon any individual from a certain class without regard to
his property or occupation. Since poll tax is not a debt, but an
obligation arising from law, the non-payment of such may be
validly punished by imprisonment. (Constitutional Law: A
Barrister’s Companion; Cecilio D. Duka, 2010, Rex Printing
Company, Inc., p. 429)
U. Double jeopardy
1. Requisites
Q: What are the requisites for double jeopardy to
attach?
A: In order to uphold a claim for double jeopardy, the
following should be present:
1) “the first jeopardy must have attached prior to the
second;
2) the first jeopardy must have been validly
terminated; and
3) the second jeopardy must be for the same offense,
or the second offense includes or is necessarily
included in the offense charges in the first
information, or is an attempt to commit the same or
is a frustration thereof.”
4) In addition, legal jeopardy attached the following
only:
5) “upon a valid indictment;
6) before a competent court;
7) after arraignment;
8) [when] a valid plea [has] been entered; and
9) the case was dismissed or otherwise terminated
without the express consent of the accused.”
(Constitutional Law: A Barrister’s Companion;
Cecilio D. Duka, 2010, Rex Printing Company, Inc.,
pp. 437-438)
2. Motions for reconsideration and appeals
Q: Can a judgement of acquittal be reconsidered?
A: NO, since it places the accused under double jeopardy.
There are instances wherein a motion for reconsideration
after an acquittal is possible. However, the grounds are
exceptional as well as narrow such as when the court that
absolved the accused gravely abused its discretion, resulting
in loss of jurisdiction, or when a mistrial has ensued. In such
instances the State may assail the decision by special civil
action of certiorari under Rule 65. (Lejano v. People, G.R.
No. 176389, January 18, 2011)
3. Dismissal with consent of accused
Q: What are the exceptions to the general rule that
“there is no double jeopardy if the dismissal is with
the consent of the accused?”
A: The two exceptions to the general rule are as follows:
1) if the evidence is insufficient to support the charge
against the accused; and
2) if there was a violation of the accused’s right to
speedy trial through unreasonable delay in
proceedings. (Condrada vs. People, G.R. No.
141646, February 28, 2003) (Constitutional Law: A
Barrister’s Companion; Cecilio D. Duka, 2010, Rex
Printing Company, Inc., pp. 441)
V. Ex post facto laws and bills of attainder
Q: What are the elements of ex post facto law?
A: The elements of ex post facto law are as follows:
1) It punishes and criminalizes an act which was
considered as innocent before the passage of the
law.
2) It aggravates a crime.
3) It changes the punishment and imposes higher
penalty than what the law provided during the time
of the commission of the offense.
4) It changes the legal rules of evidence and allows
conviction upon less or different testimony as
compared to what the law required during the time
of the commission of the crime.
5) It assumes to regulate civil right and remedies only.
However, in effect, it imposes penalty or
deprivation of a right which when accomplished
was lawful.
6) It deprives the accused of some lawful protection to
which he become entitled, including the protection
of a former conviction or acquittal, or a
proclamation of amnesty.
(Constitutional Law: A Barrister’s Companion; Cecilio D.
Duka, 2010, Rex Printing Company, Inc., pp. 455)
H. Freedom of Religion
Q: What are the two aspects of freedom of religion
that is encapsulated in Sec. 5, Art. III of the 1987
Constitution?
A: The two aspects of freedom of religion are:
1) Non-establishment clause which specifically
provides that no law shall be made respecting an
establishment of religion.
2) Free exercise clause which specifically provides that
no law shall be made prohibiting the free exercise of
religion. This clause assures the free exercise of
one's chosen form of religion within limits of utmost
amplitude.
These two aspects express an underlying concept of
separation between religion and secular government.
1. Non-establishment clause
a. Concept and Basis
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Q: What are the constitutional
provisions which support the
non-establishment clause?
A: The following constitutional provisions support the non-
establishment clause:
1) Section 6 ofArticle II states that “[t]he separation of
Church and State shall be inviolable.”
2) Section 2(5) of Article IX-C indicates that
“[r]eligious denominations and sects shall not be
registered” as a political party.
3) Section 29(2) of Article VI elucidates that “[n]o
public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, other
religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal
institution, or government orphanage or
leprosarium.”
b. Acts permitted and not permitted by the clause
Q: What are the prohibitions against the State under
the non-establishment clause?
A: The State is prohibited to:
1) Establish or organize a church;
2) Pass laws which aid one religion, all religions, or
favor one over another;
3) Influence an individual to remain or depart from a
church against his will; and
4) Force an individual to profess a belief or disbelief in
any religion.
(Constitutional Law: A Barrister’s Companion; Cecilio D.
Duka, 2010, Rex Printing Company, Inc., pp. 212-213)
c. Test
Q: What are the tests for the non-establishment
clause?
A: The tests for the non-establishment clause are as follows:
1) “The government's action must have a legitimate
secular purpose;
2) The government's action must not have the primary
effect of either advancing or inhibiting religion;
3) The government's action must not result in an
"excessive government entanglement" with
religion.” (Lemon vs. Kurtzman, 403 US 602)
(Transplanted Constitutionalism: The Philippine
Debate on the Secular State and the Rule of Law;
Raul C. Pangalangan, Philippine Law Journal
Volume 82, 2008, p. 17
http://journals.upd.edu.ph/index.php/law/article
/viewFile/2365/2250)
2. Free Exercise Clause
Q: What is the basis of the free exercise clause?
A: The basis of the free exercise clause is the respect for the
inviolability of the human conscience. The inviolability of the
conscience is rooted in an ultimate allegiance to a Higher
Being. It also allows each man to believe as his conscience
directs, to profess his beliefs, and to live as he believes he
ought to live, consistent with the liberty of others and with
the common good. This clause can also be said to be based on
reservation to the individual of the right to his opinions and
beliefs. (Bernas, S.J.)
Q: What are the implications of the free exercise
clause?
A: This clause implies that any legislation whose effect or
purpose is to impede the observance of one or all religions, or
to discriminate invidiously between the religions, is invalid,
even though the burden may be characterized as being only
indirect. But if the state regulates conduct by enacting,
within its power, a general law which has for its purpose and
effect to advance the state's secular goals, the statute is valid
despite its indirect burden on religious observance, unless
the state can accomplish its purpose without imposing such
burden. (Sherbert v. Verner, 374 U.S. 398, Braunfeld v.
Brown, 366 U.S. 599, McGowan v. Maryland, 366 U.S. 420)
Q: How does the government respond to conflicts
with religiously motivated action or expression?
A: The judicial task in free exercise cases is one of balancing
the secular interest of the state with the interest of religion. A
thorough going balancing test would measure three elements
of the competing governmental interests.
First, the importance of the secular value underlying the
governmental regulation. Second, the degree of proximity
and necessity that the chosen regulatory means bear to the
underlying value. Lastly, the impact that an exemption for
religious reasons would have on the overall regulatory
program.
This assessment of the state’s interest would then have to be
balanced against the claim for religious liberty which would
require the calculations of two factors: first, the sincerity and
importance of the religious practice for which special
protection is claimed; and second, the degree to which the
governmental regulation interferes with that practice.
(Bernas, S.J.)
Q: What is clear and present danger test?
A: The test, to repeat, to determine whether freedom of
expression may be limited is the clear and present danger of
an evil of a substantive character that the State has a right to
prevent. Such danger must not only be clear but must also be
present. There should be no doubt that what is feared may be
traced to the expression complained of. The causal
connection must be evident. Also, there must be reasonable
apprehension about its imminence. The time element cannot
be ignored. Nor does it suffice if such danger be only
probable. There is the requirement of its being well-nigh
inevitable. (Fernando, C.J., Gonzalez v. Chairman Katigbak)
Q: What is compelling state interest test?
A: Compelling state interest test refers to a method of
determining the constitutional validity of a law. Under this
test, the government’s interest is balanced against the
individual’s constitutional right to be free of law. However, a
law will be upheld only if the government’s interest is strong
enough. It is also applied when a disputed law requires strict
scrutiny.
Q: What is conscientious objector test?
A: A conscientious objector is a person who, because of
principles of religious training and moral belief is opposed to
all war regardless of its cause. He is someone who has a firm,
fixed, and sincere objection to participation in war in any
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form or the bearing of arms, by
reason or religious, moral or ethical
training and belief.
VIII. CITIZENSHIP
Q: What is citizenship?
A: Citizenship is a man’s basic right. It is a personal and
more or less permanent membership in a political
community. It denotes possession within that particular
community of full civil and political rights subject to special
disqualifications. It imposes the duty of allegiance to the
political community.
Q: Who are Filipino citizens?
A: The Filipino citizens are specifically identified in Section
1, Article IV of the 18 Constitution which provides: The
following are citizens of the Philippines:
1) Those who are citizens of the Philippines at the time
of the adoption of the Constitution;
2) Those whose fathers or mothers are citizens of the
Philippines;
3) Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority; and
4) Those who are naturalized in accordance with law.
Q: What are the modes of acquiring citizenship?
A: There are three distinct modes in acquiring citizenship:
1) Jus Sanguinis – acquisition of citizenship on the
basis of blood relationship;
2) Jus Soli – acquisition of citizenship on the basis of
place of birth; and
Naturalization – the legal act of adopting an alien and
clothing him with privilege of a native born citizen. (Bernas,
S. J.)
Q: What does the Philippine law follow as a mode of
acquiring citizenship?
A: The Philippine law follows the rule of jus sanguinis. The
child of a Filipino father, whether born in the Philippines or
abroad, was a Filipino citizen from the moment of birth.
Also, those whose mothers are citizens of the Philippines,
even if the father is an alien, are Filipino citizens. The jus
sanguinis principle only applies to natural filiation and not to
filiation by adoption. Likewise, it is a settled rule that only
legitimate children follow the citizenship of the father and
that illegitimate children are under the parental authority of
the mother and follow her nationality. (Bernas, S. J.)
Q: What are the qualifications to be a naturalized
Filipino citizen?
A: The following are the qualifications to become a citizen of
the Philippines through naturalization:
1) Must be not less than twenty-one years of age on
the day of the hearing of the petition;
2) Must have resided in the Philippines for a
continuous period of not less than ten years;
3) Must be of good moral character and believes in the
principles underlying the Philippine Constitution,
and must have conducted himself in a proper and
irreproachable manner during the entire period of
his residence in the Philippines in his relation with
the constituted government as well as with the
community in which he is living;
4) Must own real estate in the Philippines worth not
less than five thousand pesos, Philippine currency,
or must have some known lucrative trade,
profession, or lawful occupation;
5) Must be able to speak and write English or Spanish
and any one of the principal Philippine languages;
and
6) Must have enrolled his minor children of school
age, in any of the public schools or private schools
recognized by the Office of Private Education1 of the
Philippines, where the Philippine history,
government and civics are taught or prescribed as
part of the school curriculum, during the entire
period of the residence in the Philippines required
of him prior to the hearing of his petition for
naturalization as Philippine citizen. (C. A. No. 473)
Q: When is the requirement residence of ten years
to obtain citizenship can be reduced to five years?
A: The requirement of ten years residence in the Philippines
to obtain Filipino citizenship may be reduced when the
petitioner has any of the following qualifications:
1) Having honorably held office under the
Government of the Philippines or under that of any
of the provinces, cities, municipalities, or political
subdivisions thereof;
2) Having established a new industry or introduced a
useful invention in the Philippines;
3) Being married to a Filipino woman;
4) Having been engaged as a teacher in the Philippines
in a public or recognized private school not
established for the exclusive instruction of children
of persons of a particular nationality or race, in any
of the branches of education or industry for a period
of not less than two years;
5) Having been born in the Philippines. (C. A. No. 473)
Q: Who are disqualified from obtaining a Filipino
citizenship?
A: The following cannot be naturalized as Filipino citizens?
1) Persons opposed to organized government or
affiliated with any association or group of persons
who uphold and teach doctrines opposing all
organized governments;
2) Persons defending or teaching the necessity or
propriety of violence, personal assault, or
assassination for the success and predominance of
their ideas;
3) Polygamists or believers in the practice of
polygamy;
4) Persons convicted of crimes involving moral
turpitude;
5) Persons suffering from mental alienation or
incurable contagious diseases;
6) Persons who, during the period of their residence in
the Philippines, have not mingled socially with the
Filipinos, or who have not evinced a sincere desire
to learn and embrace the customs, traditions, and
ideals of the Filipinos;
7) Citizens or subjects of nations with whom the
United States 2and the Philippines are at war,
during the period of such war;
8) Citizens or subjects of a foreign country other than
the United States 3whose laws do not grant
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Filipinos the right to become
naturalized citizens or subjects
thereof. (C. A. No. 473)
Q: What is the process in obtaining a Filipino
citizenship?
A: The procedural requirements include the following:
1) Declaration of intention;
2) Filing of petition;
3) Hearing and initial judgment;
4) Period of probation; and
5) Rehearing and final judgment (Bernas, S. J.)
Q: What is Declaration of Intention?
A: One year prior to the filing of his petition for admission to
Philippine citizenship, the applicant for Philippine
citizenship shall file with the Bureau of Justice4 a declaration
under oath that it is bona fide his intention to become a
citizen of the Philippines. Such declaration shall set forth
name, age, occupation, personal description, place of birth,
last foreign residence and allegiance, the date of arrival, the
name of the vessel or aircraft, if any, in which he came to the
Philippines, and the place of residence in the Philippines at
the time of making the declaration. No declaration shall be
valid until lawful entry for permanent residence has been
established and a certificate showing the date, place, and
manner of his arrival has been issued. (C. A. No. 473)
date of application for repatriation and not the date when the
repatriation was approved. (Bernas, S. J.)
Q: Who are the natural born citizens?
A: The natural born citizens are those who are citizens of the
Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship.
Q: What are the positions in public office who are
required to be natural born citizens of the
Philippines?
A: The following public officials are required to be natural
born citizens of the Philippines:
1) President
2) Vice President
3) Senator
4) Congressman
5) Members of the Supreme Court
6) Chairman and Commissioners of the Constitutional
Commissions

Q: What are the two laws on loss of citizenship?

A: There are two laws on loss of citizenship.
1) Commonwealth Act No. 63 Section 1 provides that
citizenship is lost by a naturalization in a foreign
country, by express renunciation of citizenship, by
oath of allegiance to a foreign country, by rendering
service in the armed forces of a foreign country, and
by being a deserter of the armed forces.
2) Commonwealth Act 473 Section 18 provides that a
certificate of naturalization may be cancelled when
found to have obtained fraudulently or illegally, or
by permanent residence in the country of origin
within five years from naturalization, or when the
petition is found to have been made on an invalid
declaration of intent, or upon failure to comply with
the requirements for the education of minor
children, or if the person allows himself to be a
“dummy” for aliens. (Bernas, S. J.)

Q: How can a lost Philippine citizenship may be

reacquired?
A: A lost citizenship mat be reacquired by repatriation or by
a direct grant by law. (Bernas, S. J.)

Q: How is repatriation obtained?

A: Repatriation is effected by taking the oath of allegiance to
the Republic of the Philippines under R.A. No. 9225 and
registration in the proper civil registry and in the Bureau of
Immigration. The Bureau of Immigration shall thereupon
cancel the pertinent alien certificate of registration and issue
the certificate of identification as Filipino citizen to the
repatriated petitioner. (Bernas, S. J.)

Q: What is the effective date of a grant of

repatriation?
A: In the case of Lee v. Commission on Elections and
Frivaldo, Supreme Court ruled that the effective date is the

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popular election, or appointment by competent authority. His

duties involve the exercise of discretion in the performance of
the functions of the government, and are not of a merely
LASALLIAN COMMISSION ON clerical or manual nature. (Sec. 2 (14), E.O. 292)
BAR OPERATIONS Public officer is any person, who, by direct provision of law,
popular election, or by appointment of competent authority,
shall take part in the performance of public functions, in the
PRE-WEEK Q&A government of the Philippines Islands, or shall perform in the
said government or any of its branches, public duties as an
POLITICAL LAW employee, agent or subordinate official, of any rank or class,
shall be deemed to be a public officer. (Art. 203, RPC)
ACADEMICS COMMITTEE 2015-2016
Committee Head for Academics: The term public officer includes elected or appointed
OLIVE GRACE MA. P. CACHAPERO officials and employees, permanent or temporary, whether
Deputy Head: (career or non-career), or exempt from service, receiving
ANA KATRINA O. CONSTANTINO compensation, even nominal, from the government. For
purpose of public office, it‟s important to note that a Project
Political Law Team Manager of a building construction project falls within the
Subject Chair for Political Law:
purview of a non-career service category under the law. (Sec 2,
JOHN CALDAN BRIONES
RA 3019)
Subject Heads:
Local Government – EM ASIDDAO "Public Officials" includes elective and appointive officials
Public International Law - JOHN CARLO PAJO and employees, permanent or temporary, whether in the career
or non-career service, including military and police personnel,
Member: OJO SAN JUAN whether or not they receive compensation, regardless of
Contributors: KYLIE DADO amount (Sec.3, RA 6713)
ANA KATRINA O. CONSTANTINO
OLIVE GRACE MA. P. CACHAPERO
Q: What are the elements of public office?
A: The elements are:
1) created by law or by authority of law
LAW ON PUBLIC OFFICERS 2) possess a delegation of a portion of the sovereign
powers of government, to be exercised for the benefit
of the public
GENERAL PRINCIPLES 3) powers conferred and duties imposed must be defined
by the legislature or by legislative authority
Q: What is a public office? 4) duties must be performed independently and without
A: It is a right, authority, duty, created and conferred by law, control of the superior power UNLESS they be those
by which for a given period ,either fixed by law or enduring at of an inferior or subordinate officer created or
the pleasure of the creating power, an individual is invested authorized by the legislature and placed under the
with some sovereign power of government to be exercised by general control of a superior officer or body
him for the benefit of the people. (Nachura Notes on Law of 5) permanence or continuity (Nachura Notes on Law of
Public Officers) Public Officers).

Q: What is the nature of public office?

A: Public office is a public trust. Public officers and employees
must at all times be accountable to the people, serve them with
the utmost responsibility, integrity, loyalty and efficiency, act
with patriotism and justice, and lead modest lives. (Sec. 32, EO
292)
Public office is not property
Although public office is not property and one cannot acquire a
vested right to public office, it is, nevertheless, a protected
right. It cannot be taken from its incumbent without due
process. In this sense, a public position is a sort of property
right. (Administrative Law, Law on Public Officers and
Election Laws, Agpalo, 2005)
MODES OF ACQUIRING TITLE TO PUBLIC OFFICE
Q: What are the modes of acquiring title to public
office?
A: Public offices are filed up either:
1) By Appointment,
2) By Election, and
3) In some instances by contract or by some other modes
authorized by law. (Administrative Law, Law on
Public Officers and Election Laws, Agpalo, 2005)
MODES AND KINDS OF APPOINTMENT

Q: Who is a Public officer? Q: Who can be nominated and appointed by the

A: A public officer is one who performs public functions or president only WITH the Commission on
duties of government by virtue of direct provision of law, Appointment’s consent? (Art. VII, Sec. 16, 1987 Consti)
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1) Heads of the executive
departments;
2) Ambassadors;
3) Other public ministers and consuls;
4) Officers of the armed forces from the rank of colonel
or naval captain;
5) Other officers whose appointments are vested in him
by the Constitution, including Constitutional
Commissioners (Art. IX-B, Sec. 1 (2) for CSC; Art. IX-
C, Sec. 1 (2) for COMELEC; Art. IX-D, Sec. 1 (2) for
COA).
Q: Who can the President appoint WITHOUT CA’s
approval?
1) All other officers of the government whose appointments
are not otherwise provided for by law;
2) Those whom he may be authorized by law to appoint;
3) Members of the Supreme Court;
4) Judges of lower courts;
5) Ombudsman and his deputies
Q: What are the kinds of presidential appointments?
1) Regular
Made by the President while Congress is in session after the
nomination is confirmed by the Commission of Appointments,
and continues until the end of the term.
2) Ad interim
Made while Congress is not in session, before confirmation by
the Commission on Appointments; immediately effective and
ceases to be valid if disapproved or bypassed by the
Commission on Appointments. This is a permanent
appointment and it being subject to confirmation does not alter
its permanent character.
Q: Are Midnight appointments allowed?
A: GENERAL RULE: A President or Acting President is
prohibited from making appointments 2 months immediately
before the next presidential elections and up to the end of his
term. (Art. VII, Sec. 15, 1987 Const.)
EXCEPTIONS:
1) Temporary appointments to executive positions when
continued vacancies therein will prejudice public
service or endanger public safety.
2) Prohibition under Section 15, Article VII does not apply to
appointments to fill a vacancy in the Supreme Court
or to other appointments to the Judiciary (See de
Castro vsJBC)
A. Eligibility and qualification requirements
Q: What are the qualifications of appointive officers?
A: GENERALLY: To entitle a public officer to hold a public
office, he must possess all the qualifications and none of the
disqualifications prescribed by law for the position not only at
the time of his election or appointment but also during his
incumbency. This rule applies to elective officers.
(Administrative Law, Law on Public Officers and Election
Laws, Agpalo, 2005)
Qualifications of appointive constitutional officers:
Chief Justice or a member of the Supreme Court:
1) Must be a natural born citizen of the Philippines,
2) At least forty (40) years of age,
3) Must have been for fifteen (15) years or more a judge
of a lower court or engaged in the practice of law in
the Philippines,
4) Must be a person of proven competence, integrity,
probity, and independence. (Administrative Law,
Law on Public Officers and Election Laws, Agpalo,
2005)
Chairman and Members of the Civil Service Commission
1) Must be a natural born citizen of the Philippines, and
2) At the time of their appointment, at least thirty-five
(35) years of age,
3) With proven capacity for public administration,
4) And must not have been candidates for elective
position in the elections immediately preceding heir
appointment. (Administrative Law, Law on Public
Officers and Election Laws, Agpalo, 2005)
Chairman and Members of the Commission on Elections:
1) Shall be a natural born citizen of the Philippines, and
2) At the time of their appointment, at least thirty-five
(35) years of age,
3) Holders of college degree,
4) And must not have been candidates for elective
position in the elections immediately preceding heir
appointment.
5) And a majority thereof, including the Chairman, shall
be members of the Philippine Bar who have been
engaged in the practice of law for at least ten (10)
years. (Administrative Law, Law on Public Officers
and Election Laws, Agpalo, 2005)
Chairman and Members of the Commission on Audit:
1) Shall be a natural born citizen of the Philippines, and
2) At the time of their appointment, at least thirty-five
(35) years of age,
3) Certified public accountants with not less than ten
(10) years of auditing experience, or members of the
Philippine Bar who have been engaged in the practice
of law for at least ten (10) years.
4) And must not have been candidates for elective
position in the elections immediately preceding heir
appointment.
NOTE: At no time shall all members of the Commission
belong to the same profession. (Administrative Law, Law on
Public Officers and Election Laws, Agpalo, 2005)
Ombudsman and his Deputies:
1) Shall be a natural born citizen of the Philippines, and
2) At the time of their appointment, at least forty (40)
years of age,
3) Of recognized probity and independence,
4) And members of the Philippine Bar,
5) And must not have been candidates for elective
position in the elections immediately preceding heir
appointment.
6) The OMBUDSMAN must have for ten (10) years or
more been a judge or engaged in the practice of law in
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the Philippines. (Administrative Law,
Law on Public Officers and Election
Laws, Agpalo, 2005)
What are the general Constitutional Disqualifications
to hold public office?
1) Losing candidates cannot be appointed to any
governmental office within one year after such
election. (Art. IX-B Sec. 6)
2) Elective officials during their tenure are ineligible for
appointment or designation in ANY capacity to ANY
public office or position (Art. IX-B Sec. 7(1))
3) Appointive officials shall not hold any other
governmental position.
NOTE: There is no violation when another office is held by a
public officer in an ex officio capacity (where one can„t receive
compensation or other honoraria anyway), as provided by law
and as required by the primary functions of his office.
(National Amnesty Commission v. COA, 2004)
DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS
Q: What are the disabilities and inhibition of public
officers?
A:
I. Prohibited Acts and Transactions. - In
addition to acts and omissions of public officials
and employees now prescribed in the
Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any
public official and employee and are hereby
declared to be unlawful:
a) Financial and material interest. - Public officials and
employees shall not, directly or indirectly, have any
financial or material interest in any transaction requiring
the approval of their office.
b) Outside employment and other activities related thereto. -
Public officials and employees during their incumbency
shall not:
1) Own, control, manage or accept employment as
officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by
their office unless expressly allowed by law;
2) Engage in the private practice of their profession
unless authorized by the Constitution or law,
provided, that such practice will not conflict or
tend to conflict with their official functions; or
3) Recommend any person to any position in a
private enterprise which has a regular or pending
official transaction with their office.
These prohibitions shall continue to apply for a period of one
(1) year after resignation, retirement, or separation from public
office, except in the case of subparagraph (b) (2) above, but the
professional concerned cannot practice his profession in
connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.
c) Disclosure and/or misuse of confidential information. -
Public officials and employees shall not use or divulge,
confidential or classified information officially known to
them by reason of their office and not made available to
the public, either:
1) To further their private interests, or give undue
advantage to anyone; or
2) To prejudice the public interest.
d) Solicitation or acceptance of gifts. - Public officials and
employees shall not solicit or accept, directly or indirectly,
any gift, gratuity, favor, entertainment, loan or anything of
monetary value from any person in the course of their
official duties or in connection with any operation being
regulated by, or any transaction which may be affected by
the functions of their office.
As to gifts or grants from foreign governments, the Congress
consents to:
i) The acceptance and retention by a public official
or employee of a gift of nominal value tendered
and received as a souvenir or mark of courtesy;
ii) The acceptance by a public official or employee of
a gift in the nature of a scholarship or fellowship
grant or medical treatment; or
iii) The acceptance by a public official or employee of
travel grants or expenses for travel taking place
entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of
more than nominal value if such acceptance is
appropriate or consistent with the interests of the
Philippines, and permitted by the head of office,
branch or agency to which he belongs.
NOTE: The Ombudsman shall prescribe such regulations as
may be necessary to carry out the purpose of this subsection,
including pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit
any educational, scientific or cultural exchange programs
subject to national security requirements. (Section 7, RA 6713
or the Code of Conduct and Ethical Standards for Public
Officials and Employees)
II. Constitutional Prohibitions:
Section 14, Art. VI. No Senator or Member of the House of
Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither shall he,
directly or indirectly, be interested financially in any contract
with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be
called upon to act on account of his office.
Section 13, Art. VII. The President, Vice-President, the
Members of the Cabinet, and their deputies or assistants shall
not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not,
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during said tenure, directly or
indirectly, practice any other
profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special
privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries. They
shall strictly avoid conflict of interest in the conduct of their
office.
The spouse and relatives by consanguinity or affinity within the
fourth civil degree of the President shall not, during his tenure,
be appointed as Members of the Constitutional Commissions,
or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices,
including government-owned or controlled corporations and
their subsidiaries.
Section 2, Art. IX-A. No member of a Constitutional
Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any
profession or in the active management or control of any
business which, in any way, may be affected by the functions of
his office, nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege
granted by the Government, any of its subdivisions, agencies,
or instrumentalities, including government-owned or
controlled corporations or their subsidiaries.
Section 8, par. 2, Art. XI. During their tenure, they shall be
subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article 1X-A of this Constitution.
III. Prohibition against solicitation (or acceptance) of
gifts;
IV. Prohibition against partisan political activities;
V. Prohibition against engaging in strike;
VI. Prohibition against holding two or more positions
(Sec. 13, Art. VII and Sec. 7, par. 2, Art. IX-B)
VII. Restriction against engaging in the practice of
law;
VIII. Prohibition against practice of other professions
(See. Sec. 90, Local Government Code);
IX. Restriction against using public office to promote
private interest;
X. Restriction against engaging in private business;
XI. Restriction against accepting certain
employment.
POWERS AND DUTIES OF PUBLIC OFFICERS
Q: What are the classification of powers and duties of
public officers?
A:
1) In general
a) Ministerial – involving merely execution of a specific
duty arising from fixed and designated facts; it requires
neither judgment nor discretion.
 May be delegated to another, unless expressly
prohibited, or where the law expressly requires
that the act is to1 be performed by the officer in
person.
b) Discretionary – or judicial duties are such as necessarily
require the exercise of reason in the adaptation of means
to an end, and discretion in determining how or whether
the act shall be done or the course pursued.
 Unless the power to substitute another in his
place has been given to him, a public officer
cannot dlegate his duties to another. (De Leon)
2) From the standpoint of the obligation of the officer to
perform his powers and duties
a) Mandatory – where they are for the benefit of the pubic
or individuals.
b) Permissive – if the act does not affect third persons and
is not clearly beneficial to the public
The duties of a public office include all those which truly are
within its scope:
1) those which are essential to the accomplishment of
the main purpose for which the office was created; or
2) those which, although incidental or collateral, are
germane to and serve to promote the accomplishment
of the principal purpose. (Lo Cham v. Ocampo, G.R.
No. L-831, November 21, 1946)
Q: What are the constitutional duties of a public
officer?
A:
1) To be accountable to the people
2) To serve them with utmost responsibility, loyalty and
efficiency
3) To act with patriotism and justice
4) To lead modest lives
5) To submit a declaration under oath of his assets,
liabilities and net worth upon assumption of office
and as often as may be required
6) To owe the State and Constitution allegiance at all
times.
RIGHTS OF PUBLIC OFFICERS
Q: What are the rights of public officers?
A:
1) Right to Office
2) Right to Salary or Compensation
 Compensation is not indispensable to public
office. It is not part of the office but merely
incident thereto. It is sometimes expressly
provided that certain officers shall receive no
compensation, and a law creating an office
without any provision for compensation may
carry with it the implication that the services
are to be rendered gratuitously.
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3) Right to Preference in
Promotion
4) Right to Vacation and Sick Leave
5) Right to Maternity Leave
6) Right to Retirement Pay
7) Right to reimbursement for expenses incurred in due
performance of duty
8) Right to be indemnified against any liability
9) Right to longevity pay
LIABILITIES OF PUBLIC OFFICERS
Q: What are the liabilities of public officers?
A: [I]t is a basic principle of the law on public officers that a
public official or employee is under a three-fold responsibility
for violation of duty or for a wrongful act or omission. This
simply means that a public officer may be held civilly,
criminally, and administratively liable for a wrongful doing.
1) Civil Liability - If such violation or wrongful act results in
damages to an individual, the public officer may be
held civilly liable to reimburse the injured party.
2) Criminal Liability - If the law violated attaches a penal
sanction, the erring officer may be punished criminally.
3) Administrative Liability- Such violation may also lead to
suspension, removal from office, or
other administrative sanctions. This administrative
liability is separate and distinct from the penal and civil
liabilities. (Tecson v. Sandiganbayan, G.R. No.
123045, November 16, 1999)
NOTE: Dismissal of a criminal action does not foreclose
institution of an administrative proceeding against the same
respondent, nor carry with it the relief from administrative
liability. (Office of the Court Administrator v. Enriquez, A.M.
No. P-89-290, January 29, 1993)
Preventive Suspension and Back Salaries
Q: What is the penalty of preventive suspension?
A: The proper disciplining authority may preventively suspend
any subordinate officer or employee under his authority
pending an investigation, in the charge against such officer or
employee involves dishonesty, oppression or grave misconduct,
or neglect in the performance of duty, or if there are reasons to
believe that the respondent is guilty of charges which would
warrant his removal from the service. (Sec. 41, PD 807)
Q: What is the rule on preventive suspension and
payment of back salaries?
A: There are two kinds of preventive suspension of civil service
employees who are charged with offenses punishable by
removal or suspension:
1) preventive suspension pending investigation - the
employee who is placed under preventive
suspension pending investigation is not entitled to
compensation because such suspension "is not a penalty
but only a means of enabling the disciplining authority to
conduct an unhampered investigation."
2) preventive suspension pending appeal if the penalty
imposed by the disciplining authority is suspension or
dismissal and, after review, the respondent is exonerated
- there is right to compensation for preventive
suspension pending appeal if the employee is eventually
exonerated. This is because "preventive
suspension pending appeal is actually punitive although it
is in effect subsequently considered illegal if respondent is
exonerated and the administrative decision finding him
guilty is reversed. Hence, he should be reinstated with full
pay for the period of the suspension." (Caniete vs.
Secretary of Education, G.R. No. 140359. June 19, 2000)
Illegal dismissal, Reinstatement and Back Salaries
Q: When is reinstatement with backwages allowed?
A: GENERAL RULE: a public officer or employee, who has
been dismissed or suspended from service and who is later
found to be innocent of the charges, is entitled to reinstatement
with full backwages.
The rule that where a public official or employee is wrongfully
prevented from entering the office and carrying out his duties,
he may recover his salary for the duration that he has thus been
prevented from assuming his post, applies with equal force to a
temporary appointee. (Administrative Law, Law on Public
Officers and Election Laws, Agpalo, 2005)
Q: Are officers who were illegally dismissed entitled to
reinstatement and backwages?
A: Yes. Government employees who were removed from office
y virtue of a reorganization made in bad faith are entitled to
reinstatement with backwages. (Administrative Law, Law on
Public Officers and Election Laws, Agpalo, 2005)
Q: What is the amount of backwages?
A: The rule is when "a government official or employee in the
classified civil service had been illegally dismissed, and his
reinstatement had later been ordered, for all legal purposes he
is considered as not having left his office, so that he is entitled
to all the rights and privileges that accrue to him by virtue of
the office that he held." Such award of backwages, however, has
since been limited to a maximum period of five (5) years. Tan
vs. Office of the President, G.R. No. 110936, February 4, 1994)
IMMUNITY OF PUBLIC OFFICERS
Q: Explain the immunity from suit of public officers.
A: While the doctrine [of State Immunity from Suit] appears to
prohibit only suits against the state without its consent, it is
also applicable to complaints filed against officials of the state
for acts allegedly performed by them in the discharge of their
duties.
The rule is that if the judgment against such officials will
require the state itself to perform an affirmative act to satisfy
the same, such as the appropriation of the amount needed to
pay the damages awarded against them, the suit must be
regarded as against the state itself although it has been
formally impleaded. It must be noted, however, that the rule is
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not also all-encompassing as to be
applicable under all circumstances.
It is a different matter where the public official is made to
account in his capacity as such for acts contrary to law and
injurious to the rights of plaintiff. As we clearly set forth by
Justice Zaldivar in Director of the Bureau of
Telecommunications, et al. Vs. Aligaen, etc., et al.: "Inasmuch
as the State authorizes only legal acts by its officers,
unauthorized acts of government officials or officers are not
acts of the State, and an action against the officials or officers
by one whose rights have been invaded or violated by such acts,
for the protection of his rights, is not a suit against the State
within the rule of immunity of the State from suit. In the same
tenor, it has been said that an action at law or suit in equity
against a State officer or the director of a State department on
the ground that, while claiming to act for the State, he violates
or invades the personal and property rights of the plaintiff,
under an unconstitutional act or under an assumption of
authority which he does not have, is not a suit against the State
within the constitutional provision that the State may not be
sued without its consent." The rationale for this ruling is that
the doctrine of state immunity cannot be used as an instrument
for perpetrating an injustice. (Shauf v. Court of Appeals, G.R.
No. 90314, 27 November 1990)
DE FACTO OFFICERS
Q: Who is a de facto officer?
A: A de facto officer is defined as one who derives his
appointment from one having colorable authority to appoint, if
the office is an appointive office, and whose appointment is
valid on its face. It is likewise defined as one who is in
possession of an office, and is discharging its duties under color
of authority, by which is meant authority derived from an
appointment, however irregular or informal, so that the
incumbent be not a mere volunteer. Then a de facto officer is
one who is in possession of an office in the open exercise of its
functions under color of an election or an appointment, even
though such election or appointment may be irregular.
(Dimaandal vs. COA, G.R. No. 122197. June 26, 1998)
To constitute a de facto officer, there must be an office having a
de facto existence, or at least one recognized by law and the
claimant must be in actual possession of the office under color
of title or authority. (State vs. Babb, 124 W. Va. 428, 20 S.E.
[2d] 683)
Q: Distinguish a de facto officer from a de jure officer.
A: An officer de facto is to be distinguished from an officer de
jure, and is one who has the reputation or appearance of being
the officer he assumes to be but who, in fact, under the law, has
no right or title to the office he assumes to hold. (McQuillin ,
Municipal Corporations, Vol. 3, 3rd ed., pp. 376-377)
Q: Distinguish a de facto officer from a usurper or
intruder.
A: A de facto officer is distinguished from a mere usurper or
intruder by the fact that the former holds by some color of right
or title while the latter intrudes upon the office and assumes to
excercise its functions without either the legal title or color of
right to such office. (McQuillin , Municipal Corporations, Vol.
3, 3rd ed., pp. 376-377)
TERMINATION OF OFFICIAL RELATION
Q: What are the modes of termination of official
relations?
A:
1) Reorganization or Abolition;
2) Termination of tenure of members of Congress;
3) Automatic resignation upon filing certificate of
candidacy;
4) Recall as mode of removal or elective local officer;
5) Incompatibility of offices;
6) Resignation;
7) Impeachment;
8) Abandonment of office;
9) Expiration of term.
Q: What is reorganization?
A: Reorganization is the process of restructuring the
bureaucracy‟s organizational and functional set-up, to make it
more viable in terms of the economy, efficiency, effectiveness
and make it more responsive to the needs of its public clientele
as authorized by law.
Reorganization takes place when there is an alteration of the
existing structure of government officers or units therein,
including the lines of control, authority and responsibility
between them. It involves a reduction of personnel,
consolidation of offices, or abolition thereof by reason of
economy or redundancy of functions. It may naturally result in
the loss of one‟s position through removal or abolition of an
office.
Where there is a valid reorganization, the abolition of position
does not involve or mean removal for the reason that removal
implies that the post subsists and that one is merely separated
therefrom. (Administrative Law, Law on Public Officers and
Election Laws, Agpalo, 2005)
NOTE: Reorganization in bad faith entitles officer to
reinstatement and backwages.
Q: What is termination of tenure of members or
Congress?
A: The term of office of memers of the House or
Representatives is three (3) years which begins at noon on the
thirtieth (30th) of June next following his election. The term
may not be extended or shortened, but the period of tenure
during which the member of Congress actually holds office may
be shortened by circumstances within or beyond the ppower of
said officer.
The Constitution enumerates the instances when the tenure
may be cut short, such as the following:
1) Forfeiture of his seat by holing any other office or
employment in the government or any subdivision,
agency or instrumentality thereof, including GOCCs
or subsidiaries;
2) Voluntary renunciation of office;
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3) Expulsion as disciplinary
action for disorderly behavior; and
4) Disqualification as determined by resolution f the
Electoral Tribunal in an election contest. (Dimaporo
vs. Mitra, 1991; Administrative Law, Law on Public
Officers and Election Laws, Agpalo, 2005)
Q: When is there automatic resignation?
A: It has been held that the resignation from, or forfeiture of,
an office which a public officer holds is automatic and
permanently effective upon the filing of his certificate of
candidacy for an elective position. Only the moment and act of
filing are considered. Once the certificate is filed, the seat is
forfeited forever and nothing save a new election or
appointment can restore the ousted official. For this reason,
the withdrawal of the certificate of candidacy, with the
approval of the COMELEC, will not work to reinstate him to his
former position. (Monroy vs. CA, 20 SCRA 620)
Q: What is recall as mode of removal or elective local
officer?
A: Recall is a mode of removal of a public officer by the people
before the end of his term of office. The people‟s prerogative to
remove a public officer is an incident of their sovereign power
and in the absence of constitutional restraint, the power is
implied in all governmental operations. Such power has been
held to be indispensable for the proper administration of public
affairs. Not undeservedly, it is frequently described as a
fundamental right of the people in a representative democracy.
(Garcia vs. COMELEC, 1993; see Sections 69 to 75 of the Local
Government Code)
Q: What is the effect of acceptance of incompatible
offices?
A: Acceptance of a later position which is incompatible with
the earlier one operates to vacate the latter. The incompatibility
is not the mere physical impossibility of one person‟s
performing the duties of the two offices as the same moment,
but that which proceeds from the nature and relations of the
two positions to each other as to give rise to contrariety and
antagonism should one person attempt to faithfully and
impartially discharge the duties of one toward the incumbent
of the other. (Canonizado vs. Aguirre, 2001)
Q: What is resignation?
A: Resignation is defined as the act of giving p or the act of
an officer by which he declines his office and renounces the
further right to use it. To constitute a complete and operative
act of resignation, the officer or employee must show a clear
intention to relinquish or surrender his position accompanied
by the act of relinquishment. Resignation implies an expression
of the incumbent in some form, express or implied, of the
intention to surrender, renounce and relinquish the office, and
its acceptance by competent authority. (Ortiz vs. COMELEC,
1988)
Q: What is impeachment?
A: Impeachment has been defined as a criminal proceeding
against a public officer, before a quasi-judicial political court,
instituted by written accusation called “articles of
impeachment.” It is not a criminal prosecution as in the
prosecution of an accused for violation of criminal law before
the courts. It is rather penal in nature, as the Constitution
speaks of “conviction,” a word peculiar to criminal prosecution
of a crime. (Administrative Law, Law on Public Officers and
Election Laws, Agpalo, 2005)
Q: What is abandonment of office?
A: Abandonment of an office is the voluntary
relinquishment of an office by the holder with the intention of
terminating his possession and control thereof. In order to
constitute abandonment of office, it must be total and under
such circumstances as clearly to indicate an absolute
relinquishment. (Administrative Law, Law on Public Officers
and Election Laws, Agpalo, 2005)
Two essential elements of abandonment:
1) Intention to abandon
2) Overt or external act by which the intention is carried
into effect.
Q: What is the effect of expiration of term?
A: It automatically terminates the services of a public officer,
except as otherwise provided by law. (Administrative Law,
Law on Public Officers and Election Laws, Agpalo, 2005)
THE CIVIL SERVICE
Q: What are the positions embraced in the Civil
Service?
A: The Civil Service embraces every branch, agency,
subdivision, and instrumentality of the government, including
every government-owned or controlled corporations whether
performing governmental or proprietary function. (Sec. 4, PD
807 or the Civil Service Decree of the Philippines)
Q: What does career service include?
A: The Career Service shall include:
1) Open Career positions for appointment to which prior
qualification in an appropriate examination is required;
2) Closed Career positions which are scientific or highly
technical in nature; these include the faculty and academic
staff of state colleges and universities, and scientific and
technical positions in scientific or research institutions
which shall establish and maintain their own merit
systems;
3) Positions in the Career Executive Service; namely,
Undersecretary, Assistant Secretary, Bureau Director,
Assistant Bureau Director, Regional Director, Assistant
Regional Director, Chief of Department Service and other
officers of equivalent rank as may be identified by the
Career Executive Service Board, all of whom are appointed
by the President;
4) Career officers, other than those in the Career Executive
Service, who are appointed by the President, such as the
Foreign Service Officers in the Department of Foreign
Affairs;
5) Commissioned officers and enlisted men of the Armed
Forces which shall maintain a separate merit system;
6) Personnel of government-owned or controlled
corporations, whether performing governmental or
proprietary functions, who do not fall under the non-
career service; and
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7) Permanent laborers, whether
skilled, semi-skilled, or unskilled. (Sec.
5, PD 807)
Q: What does career service include?
A: The Non-Career Service shall include:
1) Elective officials and their personal or confidential staff;
2) Department Heads and other officials of Cabinet rank who
hold positions at the pleasure of the President and their
personal or confidential staff(s);
3) Chairman and members of commissions and boards with
fixed terms of office and their personal or confidential
staff;
4) Contractual personnel or those whose employment in the
government is in accordance with a special contract to
undertake a specific work or job, requiring special or
technical skills not available in the employing agency, to be
accomplished within a specific period, which in no case
shall exceed one year, and performs or accomplishes the
specific work or job, under his own responsibility with a
minimum of direction and supervision from the hiring
agency; and
5) Emergency and seasonal personnel. (Sec. 6, PD 807)
Q: What does the Civil Service Decree provide as to
appointment to the civil service?
A: All appointments in the career service shall be made only
according to merit and fitness, to be determined as far as
practicable by competitive examinations. A non-eligible shall
not be appointed to any position in the civil service whenever
there is a civil service eligible actually available for and ready to
accept appointment. (Sec. 24, PD 807)
Q: How is personnel action defined under the Civil
Service Decree?
A: As used in this Decree, any action denoting the movement
or progress of personnel in the civil service shall be known as
personnel action. Such action shall include appointment
through certification, promotion, transfer, reinstatement, re-
employment, detail, reassignment, demotion, and separation.
All personnel actions shall be in accordance with such rules,
standards, and regulations as may be promulgated by the
Commission. (Sec. 24, PD 807)
Q: What are considered personnel actions?
A:
a) Appointment through certification. An appointment
through certification to a position in the civil service,
except as herein otherwise provided, shall be issued to a
person who has been selected from a list of qualified
persons certified by the Commission from an appropriate
register of eligibles, and who meets all the other
requirements of the position.
All such persons must serve a probationary period of six
months following their original appointment and shall
undergo a thorough character investigation in order to
acquire permanent civil service status. A probationer may
be dropped from the service for unsatisfactory conduct or
want of capacity any time before the expiration of the
probationary period: Provided, That such action is
appealable to the Commission.
b) Promotion. A promotion is a movement from one
position to another with an increase in duties and
responsibilities as authorized by law and usually
accompanied by an increase in pay. The movement may be
from one department or agency to another, or from one
organizational unit to another in the same department or
agency.
c) Transfer. A transfer is a movement from one position to
another which is of equivalent rank, level, or salary
without break in service involving the issuance of an
appointment.
It shall be considered disciplinary when made in the interest of
public service, in which case, the employee concerned shall be
informed of the reasons therefore. If the employee believes that
there is no justification for the transfer, he may appeal his case
to the Commission.
The transfer may be from one department or agency to
another or from one organizational unit to another in the
same department or agency: Provided, however, That any
movement from the non-career service to the career
service shall not be considered a transfer.
d) Reinstatement. Any person who has been permanently
appointed to a position in the career service and who has,
through no delinquency or misconduct, been separated
therefrom, may be reinstated to a position in the same
level for which he is qualified.
e) Re-employment. Names of persons who have been
appointed permanently to positions in the career service
and who have been separated as a result of reduction in
force and/or reorganization, shall be entered in a list from
which selection for reemployment shall be made.
f) Detail. A detail is the movement on an employee from one
agency to another without the issuance of an appointment
and shall be allowed, only for a limited period in the case
of employees occupying professional, technical and
scientific positions. If the employee believes that there is
no justification for the detail, he may appeal his case to the
Commission. Pending appeal, the decision to detail the
employee shall be executory unless otherwise ordered by
the Commission.
g) Reassignment. An employee may be reassigned from
one organizational unit to another in the same agency:
Provided, That such reassignment shall not involve a
reduction in rank, status or salary. (Sec. 24, PD 807)
ACCOUNTABILITY OF PUBLIC OFFICERS
Impeachment
Q: Who has the power to initiate impeachment cases?
A: The House of Representatives shall have the exclusive
power to initiate all cases of impeachment. (Sec. 3, Art. XI,
Constitution)
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Q: What is the definition of
impeachment?
A: Impeachment is a process of national inquest into the
conduct of public officials and the bringing of charges against
them for misconduct in office.
Q: What is the nature of impeachment?
A: While the process of impeachment has the elements of a
criminal process, it is basically a political process designed to
deal with the misconduct by high public officers. The political
aspect of this process stems from the fact that the participants
(ie. senator judges, prosecutors) are not ordinary citizens
acting as judges but rather are elected officials who serve by
virtue of their positions and not because they have been
selected by the courts to serve in judgment.
Q: Who may be removed from office on impeachment?
A:
1) President
2) Vice-President
3) Members of the Supreme Court,
4) Members of the Constitutional Commissions, and
5) Ombudsman (Sec. 2, Art. XI, Constitution).
NOTE: The list of impeachable officers are exclusive and may
neither be increased nor reduced by the legislature. All other
public officers and employees may be removed from office as
provided by law, but not by impeachment.
Q: What are the grounds for impeachment?
A: The impeachable officers may be removed from office on
impeachment for, and conviction of:
1) culpable violation of the Constitution,
2) treason,
3) bribery,
4) graft and corruption,
5) other high crimes, or betrayal of public trust. (Sec. 2,
Art. XI, Constitution)
Q: What are the procedural aspects of impeachment?
A: An impeachment is instituted by written accusations called
Articles of Impeachment, which state the offenses charged.
A verified complaint for impeachment may be filed by any
Member of the House of Representatives or by any citizen upon
a resolution or endorsement by any Member thereof.
Impeachment proceedings can begin with an inquiry of
impeachment resolution or with a direct resolution.
In an inquiry of impeachment resolution, after the filing of the
verified complaint, the same shall be included in the Order of
Business of the House of Representatives within ten session
days, and referred to the Judiciary Committee within three
session days thereafter.
The House Judiciary Committee then holds hearings and
investigates the charges.
The Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty
session days from such referral, together with the
corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from
receipt thereof.
A vote of at least one-third of all the Members of the House
shall be necessary either to affirm a favorable resolution with
the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be
recorded.
In a direct resolution, verified complaint or resolution of
impeachment is filed by at least one-third of all the Members of
the House, the same shall constitute the Articles of
Impeachment.
The Articles of Impeachment is then sent to the Senate for trial,
which have the sole power to try and decide all cases of
impeachment. A fixed number of members of House of
Representatives shall act as prosecutors and the full Senate will
act as the jurors who shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the
Supreme Court shall preside, but shall not vote.
The Senate then votes in open session on each Article of
Impeachment. No person shall be convicted without the
concurrence of two-thirds of all the Members of the Senate.
(See Sec. 2, Art. XI, Constitution)
NOTE: No impeachment proceedings shall be initiated against
the same official more than once within a period of one year.
(Sec. 2, Art. XI, Constitution)
Q: What are the consequences of conviction?
A: The person impeached shall be removed from office and
shall be disqualified to hold any office under the Republic of
the Philippines, but the party convicted shall nevertheless be
liable and subject to prosecution, trial, and punishment
according to law. It is clear that the liability does not end at the
Senate, the person impeached shall also be held for appropriate
action as a result of his illegal and improper acts. In addition, a
limitation is set where no impeachment proceedings shall be
initiated against the same official more than once within a
period of one year.
Ombudsman
Q: What is the Constitutional mandate as to the
creation of the Office of the Ombudsman?
A: There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one Deputy each
for Luzon, Visayas, and Mindanao. A separate Deputy for the
military establishment may likewise be appointed. (Sec. 5, Art.
XI, Constitution)
Q: What are the powers, functions, and duties of the
Office of the Ombudsman?
A: The Office of the Ombudsman shall have the following
powers, functions, and duties:
1) Investigate on its own, or on complaint by any person, any
act or omission of any public official, employee, office or
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agency, when such act or omission
appears to be illegal, unjust, improper,
or inefficient.
2) Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any
subdivision, agency or instrumentality thereof, as well as
of any government-owned or controlled corporation with
original charter, to perform and expedite any act or duty
required by law, or to stop, prevent, and correct any abuse
or impropriety in the performance of duties.
3) Direct the officer concerned to take appropriate action
against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine,
censure, or prosecution, and ensure compliance therewith.
4) Direct the officer concerned, in any appropriate case, and
subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the
disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for
appropriate action.
5) Request any government agency for assistance and
information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent
records and documents.
6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
7) Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the Government
and make recommendations for their elimination and the
observance of high standards of ethics and efficiency.
8) Promulgate its rules of procedure and exercise such other
powers or perform such functions or duties as may be
provided by law. (Sec. 13, Art. XI, Constitution)
Judicial review in administrative proceedings
Q: What is judicial review in administrative
proceedings?
A: In Republic v. Francisco, we ruled that decisions of
administrative or quasi- administrative agencies which are
declared by law final and unappealable are subject to judicial
review if they fail the test of arbitrariness, or upon proof of
gross abuse of discretion, fraud or error of law. When such
administrative or quasi-judicial bodies grossly misappreciate
evidence of such nature as to compel a contrary conclusion, the
Court will not hesitate to reverse the factual findings. Thus, the
decision of the Ombudsman may be reviewed, modified or
reversed via petition for certiorari under Rule 65 of the Rules of
Court, on a finding that it had no jurisdiction over the
complaint, or of grave abuse of discretion amounting to excess
or lack of jurisdiction.
Basic is the rule that the findings of fact of the Office of the
Ombudsman are conclusive when supported by substantial
evidence and are accorded due respect and weight, especially
when, as in this case, they are affirmed by the Court of Appeals.
It is only when there is grave abuse of discretion by the
Ombudsman that a review of factual findings may aptly be
made. In reviewing administrative decisions, it is beyond the
province of this Court to weigh the conflicting evidence,
determine the credibility of witnesses, or otherwise substitute
its judgment for that of the administrative agency with respect
to the sufficiency of evidence. It is not the function of this Court
to analyze and weigh the parties evidence all over again except
when there is serious ground to believe that a possible
miscarriage of justice would thereby result. (Dagan vs. Office
of the Ombudsman, G.R. No. 184083, November 19, 2013; Sec.
27, RA 6770)
Judicial review in penal proceedings
The Ombudsman has full discretionary authority in the
determination of probable cause during a preliminary
investigation. This is the reason why judicial review of the
resolution of the Ombudsman in the exercise of its power and
duty to investigate and prosecute felonies and/or offenses of
public officers is limited to a determination of whether there
has been a grave abuse of discretion amounting to lack or
excess of jurisdiction. Courts are not empowered to substitute
their judgment for that of the Ombudsman. (Busuego vs. Office
of the Ombudsman Mindanao, G.R. No. 196842, October 9,
2013)
Sandiganbayan
Q: What are the constitutional mandates of the
Sandiganbayan?
A: 1973 Constitution:
The Batasang Pambansa shall create a special court, to be
known as Sandiganbayan, which shall have jurisdiction over
criminal and civil cases involving graft and corrupt practices
and such other offenses committed by public officers and
employees, including those in government-owned or controlled
corporations, in relation to their office as may be determined
by law. (Sec. 4, Art. XIII, 1973 Constitution)
1987 Constitution:
The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or
hereafter may be provided by law. (Sec. 4, Art. XI, 1987
Constitution)
Q: What is the jurisdiction of the Sandiganbayan?
A: Under RA 8249, to determine whether the Sandiganbayan
has jurisdiction, lawyers must look into two criteria, namely:
1) The nature of the offense and
2) The salary grade of the public official.
Original Exclusive Jurisdiction:
Sec.4 of RA 8249 provides that the Sandiganbayan shall have
original exclusive jurisdiction over:
I. Violations of RA 3019 (Anti-graft and Corrupt
Practices Law);
II. RA 1379 (Forfeiture of Illegally Acquired Wealth);
III. Crimes by public officers or employees embraced in
Ch. II, Sec.2 Title VII, Bk. II of the RPC (Crimes
committed by Public Officers) namely:
a) Direct Bribery under Art. 210 as amended by BP
871, May 29, 1985
b) Indirect Bribery under Art. 211 as amended by BP
871, May 29, 1985
c) Qualified Bribery under Art. 211-A as amended by
RA 7659, Dec. 13, 1993
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d) Corruption of public
officials under Art. 212 where one or
more of the accused are officials occupying the
following positions in the government whether in
a permanent, acting or interim capacity, at the
time of the commission of the offense:
1) Officials of the executive branch occupying
the positions of regional director and higher,
otherwise classified as Grade 27 and higher,
of the Compensation and Position
Classification Act of 1989 Republic Act No.
6758) specifically including:
i) Provincial governors, vice-
governors, members of the
sangguniang panlalawigan,
provincial treasurers, assessors,
engineers and other provincial
department heads;
ii) City mayors, vice-mayors, members
of the sangguniang panglungsod,
city treasurers, assessors, engineers
and other department heads;
iii) Officials of the diplomatic service
occupying the position of consul
and higher;
iv) Philippine Army and Air force
colonels, naval captains and all
officers of higher rank;
v) Officers of the PNP while occupying
the position of Provincial Director
and those holding the rank of
Senior Superintendent or higher;
vi) City and provincial prosecutors and
their assistants; officials and the
prosecutors in the Office of the
Ombudsman and special prosecutor
; public official or employee concerned in the
vii) President, directors or trustees or
managers of government owned or
controlled corporations, state
universities or educational
institutions or foundations;
2) Members of Congress and Officials thereof
classified as Grade 27 and up under the
Compensation and Classification Act of
1989;
3) Members of the Judiciary without prejudice
to the provision of the Constitution;
4) Chairmen and members of Constitutional
Commissions, without prejudice to the
provision of the Constitution;
5) All other national and local officials classified
as Grade 27 and higher under the
Compensation and Position Classification
Act of 1989.
IV. Other offenses or felonies whether simple or
complexed with other crimes committed in relation to
their office by the public officials and employees
mentioned above;
V. Civil and Criminal Cases filed pursuant to and in
connection with EO 1, 2, 14 & 14-A issued in 1986
VI. Petitions for issuance of Writ of mandamus,
prohibition, certiorari, habeas corpus, injunction and
other ancillary writs and processes in aid of its
appellate jurisdiction; Provided, jurisdiction is not
exclusive of the Supreme Court
VII. Petitions for Quo Warranto arising or that may arise
in cases filed or that may be filed under EO 1, 2, 14 &
14- A
VIII. OTHERS provided the accused belongs to SG 27 or
higher:
a) Violation of RA 6713 - Code of Conduct and
Ethical Standards
b) Violation of RA 7080 - THE PLUNDER LAW
c) Violation of RA 7659 - The Heinous Crime Law
d) RA 9160 - Violation of The Anti-Money
Laundering Law when committed by a public
officer
e) PD 46 referred to as the gift-giving decree which
makes it punishable for any official or employee
to receive directly or indirectly and for the private
person to give or offer to give any gift, present or
other valuable thing on any occasion including
Christmas, when such gift, present or valuable
thing is given by reason of his official position,
regardless of whether or not the same is for past
favors or the giver hopes or expects to receive a
favor or better treatment in the future from the
discharge of his official functions. Included
within the prohibition is the throwing of parties
or entertainment in honor of the official or
employee or his immediate relatives.
f) PD 749 which grants immunity from prosecution
to any person who voluntarily gives information
about any violation of Art.210, 211 or 212 of the
RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of
the Customs and Tariff Code and other provisions
of the said Codes penalizing abuse or dishonesty
on the part of the public officials concerned and
other laws, rules and regulations penalizing graft,
corruption and other forms of official abuse and
who willingly testifies against the public official
or employee subject to certain conditions.
(Sandiganbayan Website:
http://sb.judiciary.gov.ph/about.html)
NOTE: Private individuals can be sued in cases before the
Sandiganbayan if they are alleged to be in conspiracy with the
public officer.
Appelate Jurisdiction
The Sandiganbayan is vested with Appellate Jurisdiction over
final judgments, resolutions or orders of the RTC whether in
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the exercise of their original or
appellate jurisdiction over crimes and
civil cases falling within the original exclusive jurisdiction of
the Sandiganbayan but which were committed by public
officers below Salary Grade 27. (Sandiganbayan Website:
http://sb.judiciary.gov.ph/about.html)
Ill-gotten wealth
Q: What is meant by ill-gotten wealth?
A: "Ill-gotten wealth is that acquired through or as a result
of improper or illegal use of or the conversion of funds
belonging to the Government or any of its branches,
instrumentalities, enterprises, banks or financial institutions,
or by taking undue advantage of official position, authority,
relationship, connection or influence, resulting in unjust
enrichment of the ostensible owner and grave damage and
prejudice to the State. And this, too, is the sense in which the
term is commonly understood in other jurisdiction." (Bataan
Shipyard and Engineering Co., Inc.)
All these judicial pronouncements demand two concurring
elements to be present before assets or properties were
considered as ill-gotten wealth, namely:
a) they must have "originated from the government
itself," and
b) they must have been taken by former President
Marcos, his immediate family, relatives, and close
associates by illegal means. (Republic of the
Philippines vs. Reyes-Bakunawa, G.R. No. 180418,
August 28, 2013)
Q: When is there prima facie presumption that a
property is unlawfully acquired?
A: The law raises the prima facie presumption that a property
is unlawfully acquired, hence subject to forfeiture, if its amount
or value is manifestly disproportionate to the official salary and
other lawful income of the public officer who owns it. Hence,
Sections 2 and 6 of RA 1379 provide:
Section 2. Filing of petition. Whenever any public officer
or employee has acquired during his incumbency an
amount or property which is manifestly out of proportion
to his salary as such public officer or employee and to his
other lawful income and the income from legitimately
acquired property, said property shall be presumed prima
facie to have been unlawfully acquired.
xxxxxx
Sec. 6. Judgment. If the respondent is unable to show to
the satisfaction of the court that he has lawfully acquired
the property in question, then the court shall declare such
property in question, forfeited in favor of the State, and
by virtue of such judgment the property aforesaid shall
become the property of the State. Provided, That no
judgment shall be rendered within six months before any
general election or within three months before any special
election. The Court may, in addition, refer this case to the
corresponding Executive Department for administrative
or criminal action, or both.
From the above-quoted provisions of the law, the following
facts must be established in order that forfeiture or seizure of
the Swiss deposits may be effected:
1) ownership by the public officer of money or
property acquired during his incumbency,
whether it be in his name or otherwise, and
2) the extent to which the amount of that money or
property exceeds, i. e., is grossly disproportionate
to, the legitimate income of the public officer.
(Republic of the Philippines. vs. Honorable
Sandiganbayan, G.R. No. 152154, July 15, 2003)
TERM LIMITS
Q: What are the term limits of public officers?
A: Under the Constitution
1) The President and the Vice-President shall be
elected by direct vote of the people for a term of six
years which shall begin at noon on the thirtieth day of
June next following the day of the election and shall
end at noon of the same date, six years thereafter. The
President shall not be eligible for any re-election. No
person who has succeeded as President and has
served as such for more than four years shall be
qualified for election to the same office at any time.
No Vice-President shall serve for more than two
successive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of the service for the full
term for which he was elected.
2) The term of office of the Senators shall be six years
and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next
following their election. No Senator shall serve for
more than two consecutive terms.
Elective Officials:
a) The term of office of all local elective officials elected after
the effectivity of this Code shall be three (3) years xxx.
b) No local elective official shall serve for more than three (3)
consecutive terms in the same position. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of
service for the full term for which the elective official
concerned was elected.
c) The term of office of barangay officials and members of the
sangguniang kabataan shall be for three (3) years, which
shall begin after the regular election of barangay officials
on the second Monday of May 1994. (Section 43, LGC)
Ombudsman
The Ombudsman and his Deputies, including the Special
Prosecutor, shall serve for a term of seven (7) years without
reappointment. (Sec. 7, RA 6770)
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3) By authority of law.

Q: What are the classifications of Administrative

LASALLIAN COMMISSION ON
BAR OPERATIONS
PRE-WEEK Q&A
POLITICAL LAW
ACADEMICS COMMITTEE 2015-2016
Committee Head for Academics:
OLIVE GRACE MA. P. CACHAPERO
Deputy Head:
ANA KATRINA O. CONSTANTINO
Political Law Team
Subject Chair for Political Law:
JOHN CALDAN BRIONES
Subject Heads:
Local Government – EM ASIDDAO
Public International Law - JOHN CARLO PAJO
Member: OJO SAN JUAN
Contributors: KYLIE DADO
ANA KATRINA O. CONSTANTINO
OLIVE GRACE MA. P. CACHAPERO
ADMINISTRATIVE LAW
GENERAL PRINCIPLES
Q: What is Administrative Law?
A: It is a branch of public law fixing the organization and
determines the competence of administrative authorities, and
indicates the individual remedies for the violation of the rights.
In a general sense, “administrative law” embraces all the law
that controls, or is intended to control, the administrative
operations of government.
Q: What is the subject matter of administrative law?
A: Basically, the subject matter of administrative law is the
nature and mode of exercise of administrative power and the
system of relief against administrative action. (Political Law
Reviewer, Albano, 2008)
Agencies?
A: The most common types of administrative bodies tasked
with the duties and powers of performing administrative,
regulatory, investigative, quasi-legislative and quasi-judicial
functions, or one or any combination thereof, may be classified
as follows:
1) Agencies created to function in situations wherein the
government is offering some gratuity, grant, or special
privileges, like GSIS, SSS;
2) Agencies set up to function in situations wherein the
government is seeking to carry on certain
governmental functions, like the BIR, CSC, Central
Bank;
3) Agencies set up to function in situations wherein the
government is performing some business service for
the public, like the Bureau of Posts, the Postal Savings
Bank, Metropolitan Waterworks and Sewerage
Authority;
4) Agencies set up to function in situations wherein the
government is seeking to regulate business affected
with public interest, like Fiber Inspection Board, the
Philippines Patent Office, Office of the Insurance
Commissioner;
5) Agencies set up to function in situations wherein the
government is seeking under the police power to
regulate private business and individuals, like the
SEC, PRC, BFI;
6) Agencies set up to function in situations wherein the
government is seeking to adjust individual
controversies because of some strong social policy
involved, such as NLRC, the Court of Agrarian
Relations, Women and Minors Bureau;
7) Agencies set up to function in situations wherein the
government is seeking to conduct investigations and
gather evidence for information, recommendation or
prosecution of crimes, such as CHR, NBI and he
Prosecutor’s Office. (Political Law Reviewer, Albano,
2008)
POWERS OF ADMINISTRATIVE AGENCIES
Q: What are the powers of administrative agencies?
A:
1) Quasi-legislative or Rule-making power
2) Quasi-judicial or Adjudicatory power

Q: What is the quasi-legislative power of

ADMINISTRATIVE AGENCIES
Q: What are administrative agencies?
A: Administrative agencies are government bodies
charged with administering and implementing particular
legislations. (Republic vs. CA, 200 SCRA 226, 1991)
Q: How are administrative agencies created?
A:
1) By the Constitution,
2) By law, and
administrative agencies?
A: It is the power to promulgate rules and regulations to
implement a particular law. It is an auxiliary or subordinate
legislative power or it can be considered as legislation in the
administrative lever where Congress delegated such power
subject to certain restrictions. (Political Law Reviewer,
Albano, 2008)
Q: What are the kinds of administrative rules and
regulations?
A:
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1) Legislative - supplements the
statute by filling in the details
 Legislative regulations have the force and effect of law
immediately upon going into effect. The rules and
regulations that administrative agencies promulgate,
which are the product of a delegated legislative power
to create new and additional legal provisions that have
the effect of law, should be within the scope of the
statutory authority granted by the legislature to the
administrative agency. (Smart Communication vs.
NTC)
2) Interpretative (Judicial) - says what the statute means;
merely advisory, for it is the courts that finally determine
what the law means.
Q: What are the requisites for the validity of rules and
regulations promulgated by administrative agencies?
A:
1) The rules must be issued by authority of law;
2) The rules must be within the scope and purview of the
law; and
3) The rules must be reasonable. (Political Law
Reviewer, Albano, 2008)
Q: What is the quasi-judicial power of administrative
agencies?
A: It is the power to hear and determine or ascertain facts and
decide by the application of rules of law to the facts and the
enforcement and administration of law. (Political Law
Reviewer, Albano, 2008)
Q: What are the requisites of administrative
adjudication?
A:
1) Jurisdiction;
2) Notice; and
3) Hearing.
Administrative Due Process
Q: Explain the doctrine of due process in
administrative proceedings.
A: Due process, as a constitutional precept, does not always
and in all situations require a trial-type
proceeding. Due process is satisfied when a person is notified
of the charge against him and given an opportunity to explain
or defend himself. In administrative proceedings, the filing of
charges and giving reasonable opportunity for the person so
charged to answer the accusations against him constitute the
minimum requirements of due process. The essence
of due process is simply to be heard, or as applied
to administrative proceedings, an opportunity to explain one’s
side, or an opportunity to seek a reconsideration of the action
or ruling complained of. (Ledesma vs. CA, G.R. No. 166780,
December 27, 2007)
Essence of Due Process
The observance of fairness in the conduct of any investigation
is at the very heart of procedural due process. The essence of
due process is to be heard, and, as applied to administrative
proceedings, this means a fair and reasonable opportunity to
explain one’s side, or an opportunity to seek a reconsideration
of the action or ruling complained of. Administrative due
process cannot be fully equated with due process in its strict
judicial sense, for in the former a formal or trial-type hearing is
not always necessary, and technical rules of procedure are not
strictly applied. (Vivo vs. PAGCOR, G.R. No. 187854,
November 12, 2013)
Q: What are the cardinal primary requirements of
procedural due process?
A: In administrative and quasi-judicial proceedings where the
magistrates or tribunals hearing the case are not bound by the
niceties and finer points of judicial due process, the “cardinal
primary” requirements of procedural due process:
1) The first of these rights is the right to a hearing,
which includes the right of the party interested or
affected to present his own case and submit evidence
in support thereof. x x x
2) Not only must the party be given an opportunity to
present his case and to adduce evidence tending to
establish the rights which he asserts but
the tribunal must consider the evidence presented. x
xx
3) While the duty to deliberate does not impose the
obligation to decide right, it does imply a necessity
which cannot be disregarded, namely, that of having
something to support its decision. x x x
4) Not only must there be some evidence to support a
finding or conclusion (City of Manila vs. Agustin, G.
R. No. 45844, promulgated November 29, 1937,
XXXVI O.G. 1335), but the evidence must be
“substantial.” x x x
5) The decision must be rendered on the evidence
presented at the hearing, or at least contained in the
record and disclosed to the parties affected. x x x
6) The [c]ourt x x x or any of its judges,
therefore, must act on its or his own independent
consideration of the law and facts of the
controversy, and not simply accept the views of a
subordinate in arriving at a decision. x x x
7) [The court] should, in all controversial
questions, render its decision in such a manner that
the parties to the proceeding can know the various
issues involved, and the reasons for the decisions
rendered. The performance of this duty is inseparable
from the authority conferred upon it. (Cuenca vs.
Atas, G.R. No. 146214, October 5, 2007)
Administrative Appeal and Review
Q: What is administrative review?
A: Review is a reconsideration or re-examination of a decision
or ruling of a subordinate officer by a superior officer or higher
administrative agency. The power of review is exercised to
determine whether it is necessary to correct the acts of a
subordinate and to see to it that he performs his duties in
accordance with law. (Casino vs. CA, 204 SCRA 449)
Review by a superior officer or department head may be
undertaken motu proprio if the decision has not yet become
final, in exercise of his control power over the acts of a
subordinate. He may also undertake the review when the
aggrieved party appeals the decision to him, pursuant to the
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agency’s rules of procedure.
(Administrative Law, Law on Public
Officers and Election Laws, Agpalo, 2005)
Administrative Res Judicata
Q: What is the doctrine of res judicata?
A: Under the doctrine of res judicata, a matter that has
been adjudicated by a court of competent jurisdiction must be
deemed to have been finally and conclusively settled if it arises
in any subsequent litigation between the same parties and for
the same cause. It provides that a final judgment on the merits
rendered by a court of competent jurisdiction is conclusive as
to the rights of the parties and their privies; and constitutes an
absolute bar to subsequent actions involving the same claim,
demand, or cause of action.
Res judicata is based on the ground that the party to be
affected, or some other with whom he is in privity, has litigated
the same matter in the former action in a court of competent
jurisdiction, and should not be permitted to litigate it again.
This principle frees the parties from undergoing all over again
the rigors of unnecessary suits and repetitious trials. At the
same time, it prevents the clogging of court dockets. Equally
important, res judicata stabilizes rights and promotes the rule
of law.” (Judge Basilla vs. Becamon, A.M. No. MTJ-02-1404.
December 14, 2004)
Res judicata in administrative decisions: Two Concepts:
1) Bar by prior judgment - There is "bar by former
judgment" when, between the first case where the
judgment was rendered, and the second case where such
judgment is invoked, there is identity of parties, subject
matter and cause of action. When the three identities are
present, the judgment on the merits rendered in the first
constitutes an absolute bar to the subsequent action.
2) Conclusiveness of judgment - Where between the first
case wherein Judgment is rendered and the second case
wherein such judgment is invoked, there is only identity of
parties but there is no identity of cause of action, the
judgment is conclusive in the second case, only as to those
matters actually and directly controverted and
determined, and not as to matters merely involved therein.
Under this rule, if the record of the former trial shows that
the judgment could not have been rendered without
deciding the particular matter, it will be considered as
having settled that matter as to all future actions between
the parties, and if a judgment necessarily presupposes
certain premises, they are as conclusive as the judgment
itself. (Ocho vs. Calos, G.R. No. 137908. November 22,
2000)
Q: What are the requisites for res judicata to apply?
A: For res judicata to apply, the following requisites must be
present:
a) the former judgment or order must be final;
b) it must be a judgment or order on the merits, that
is, it was rendered after a consideration of the
evidence or stipulations submitted by the parties at
the trial of the case;
c) it must have been rendered by a court having
jurisdiction over the subject matter and the parties;
and
d) there must be, between the first and second actions,
identity of parties, of subject matter, and of cause of
action; this requisite is satisfied if the two actions
are substantially between the same parties. (Abelita
vs. Doria, G.R. No. 170672, August 14, 2009)
Fact-Finding, Investigative, Licensing And Rate-Fixing
Powers
Q: What is the investigative power of administrative
agencies?
A: The investigatory powers of some agencies are limited to
only information gathering as basis to recommend appropriate
action by other government agencies or to focus public opinion
on matters of vital concern, like the Human Rights
Commission; other agencies are granted investigatory powers
for prosecution purposes, such as the offices of public
prosecutor and the Ombudsman; still others exercise them, like
the Securities and Exchange Commission, in the regulation or
private corporations. The enabling act defines the extent of
such investigatory powers. (Administrative Law, Law on
Public Officers and Election Laws, Agpalo, 2005)
JUDICIAL RECOURSE AND REVIEW
Doctrine of Primary Administrative Jurisdiction
Q: What is the doctrine of primary jurisdiction?
A: The doctrine of primary jurisdiction holds that if a case is
such that its determination requires the expertise, specialized
training and knowledge of an administrative body, relief must
first be obtained in an administrative proceeding before resort
to the courts is had even if the matter may well be within their
proper jurisdiction. It applies where a claim is originally
cognizable in the courts and comes into play whenever
enforcement of the claim requires the resolution of issues
which, under a regulatory scheme, have been placed within the
special competence of an administrative agency. In such a case,
the court in which the claim is sought to be enforced may
suspend the judicial process pending referral of such issues to
the administrative body for its view or, if the parties would not
be unfairly disadvantaged, dismiss the case without prejudice.
(Euro-Med Laboratories, Phil., Inc. vs. The Province of
Batangas, G.R. No. 148106, July 17, 2006)
Primary jurisdiction involves matters that demand the special
competence of administrative agencies. It may occur that the
Court has jurisdiction to take cognizance of a particular case,
which means that the matter involved is also judicial in
character. However, if the case is such that its determination
requires the expertise, specialized skills and knowledge of the
proper administrative bodies because technical matters or
intricate questions of facts are involved, then relief must first
be obtained in an administrative proceeding before a remedy
will be supplied by the courts even though the matter is within
the proper jurisdiction of a court. (Industrial Enterprises, Inc.
vs. CA, G.R. No. 88550, April 18, 1990)
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Q: What are the exceptions to the
doctrine of primary jurisdiction?
A: The doctrine of exhaustion of administrative remedies and
the corollary doctrine of primary jurisdiction, which are based
on sound public policy and practical considerations, are not
inflexible rules. There are many accepted exceptions, such as:
a) where there is estoppel on the part of the party
invoking the doctrine;
b) where the challenged administrative act is patently
illegal, amounting to lack of jurisdiction;
c) where there is unreasonable delay or official inaction
that will irretrievably prejudice the complainant;
d) where the amount involved is relatively small so as to
make the rule impractical and oppressive;
e) where the question involved is purely legal and will
ultimately have to be decided by the courts of justice;
f) where judicial intervention is urgent;
g) when its application may cause great and irreparable
damage;
h) where the controverted acts violate due process;
i) when the issue of non-exhaustion of administrative
remedies has been rendered moot;
j) when there is no other plain, speedy and adequate
remedy;
k) when strong public interest is involved; and,
l) in quo warranto proceedings. (Republic v. Lacap,
G.R. No. 158253, March 2, 2007)
Doctrine of Exhaustion of Administrative Remedies
Q: What is the doctrine of exhaustion of
administrative remedies?
A: When a plain, adequate and speedy remedy is afforded by
and within the executive department of the government the
courts will not interfere until at least that remedy has been
exhausted. The administrative remedies afforded by law must
first be exhausted before resort can be had to the courts,
especially when the administrative remedies are by law
exclusive and final. Some matters and some questions are by
law delegated entirely and absolutely to the discretion of
particular branches of the executive department of the
government. When the law confers exclusive and final
jurisdiction upon the executive department of the government
to dispose of particular questions, their judgments or the
judgments of that particular department are no more
reviewable by the courts than the final judgment or decisions of
the courts are subject to be reviewed and modified by them.
(Lamb vs. Phipp, G.R. No. L-7806, July 12, 1912)
The thrust of the rule on exhaustion of administrative remedies
is that the courts must allow the administrative agencies to
carry out their functions and discharge their responsibilities
within the specialized areas of their respective competence. It
is presumed that an administrative agency, if afforded an
opportunity to pass upon a matter, will decide the same
correctly, or correct any previous error committed in its
forum. Furthermore, reasons of law, comity and convenience
prevent the courts from entertaining cases proper for
determination by administrative agencies. Hence, premature
resort to the courts necessarily becomes fatal to the cause of
action of the petitioner. (Gonzales vs. CA, G.R. No. 106028,
May 9, 2001)
Q: What are the exceptions to the doctrine of
exhaustion of administrative remedies?
A: Exceptions to the doctrine of exhaustion of administrative
remedies:
1) when there is a violation of due process;
2) when the issue involved is a purely legal question;
3) when the administrative action is patently illegal
amounting to lack or excess of jurisdiction;
4) when there is estoppel on the part of the administrative
agency concerned;
5) when there is irreparable injury;
6) when the respondent is a Department Secretary whose acts
as an alter ego of the President bears the implied and
assumed approval of the latter;
7) when to require exhaustion of administrative remedies
would be unreasonable;
8) when it would amount to a nullification of a claim;
9) when the subject matter is a private land in land case
proceedings;
10) when the rule does not provide a plain, speedy, adequate
remedy;
11) when there are circumstances indicating the urgency of
judicial intervention;
12) when no administrative review is provided by law;
13) where the rule of qualified political agency applies; and
14) when the issue of non-exhaustion of administrative
remedies has been rendered moot. (Laguna CATV
Network, Inc. vs. Maraan, G.R. No. 139492, November
19, 2002)
Doctrine of Finality of Administrative Action
Q: What is the doctrine of finality of administrative
action?
A: The doctrine of finality of judgment is grounded on the
fundamental principle of public policy and sound practice that,
at the risk of occasional error, the judgment of courts and the
award of quasi-judicial agencies must become final on some
definite date fixed by law. The only exceptions to the general
rule are the correction of clerical errors, the so-called nunc pro
tunc entries which cause no prejudice to any party, void
judgments, and whenever circumstances transpire after the
finality of the decision which render its execution unjust and
inequitable. None of the exceptions is present to warrant a
review.
In Peña v. Government Service Insurance System, we held
that:
x x x it is axiomatic that final and executory judgments can no
longer be attacked by any of the parties or be modified, directly
or indirectly, even by the highest court of the land. Just as the
losing party has the right to file an appeal within the prescribed
period, so also the winning party has the correlative right to
enjoy the finality of the resolution of the case.
The rule on finality of decisions, orders or resolutions of a
judicial, quasi-judicial or administrative body is "not a
question of technicality but of substance and merit," the
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underlying consideration therefore,

being the protection of the substantive
rights of the winning party. Nothing is more settled in law than
that a decision that has acquired finality becomes immutable
and unalterable and may no longer be modified in any respect
even if the modification is meant to correct erroneous
conclusions of fact or law and whether it will be made by the
court that rendered it or by the highest court of the land.
(Angeles vs. Gaite, G.R. No. 176596, March 23, 2011)

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LASALLIAN COMMISSION ON
BAR OPERATIONS
PRE-WEEK Q&A
POLITICAL LAW
ACADEMICS COMMITTEE 2015-2016
Committee Head for Academics:
OLIVE GRACE MA. P. CACHAPERO
Deputy Head:
ANA KATRINA O. CONSTANTINO
Political Law Team
Subject Chair for Political Law:
JOHN CALDAN BRIONES
Subject Heads:
Local Government – EM ASIDDAO
Public International Law - JC PAJO
Member: OJO SAN JUAN
Contributors: KYLIE DADO
ANA KATRINA O. CONSTANTINO
OLIVE GRACE MA. P. CACHAPERO
ELECTION LAW
A. SUFFRAGE
Q. What is Suffrage?
A. Suffrage is the right to vote in the election of officers
chosen by the people and in determination of questions
submitted to the people; it includes election, plebiscite,
initiative.
B. QUALIFICATION AND DISQUALIFICATION OF
VOTERS
Q. What are the qualifications of voters?
A: All citizens of the Philippines not otherwise disqualified by
law who are:
a) At least eighteen (18) years of age
b) Resided in the Philippines for at least one (1) year
c) Resided in the place wherein they propose to vote for
at least six (6) months immediately preceding the
election
Any person who temporarily resides in another city,
municipality or country solely by reason of his occupation,
profession, employment in private or public service,
educational activities, work in the military or naval
reservations within the Philippines, service in the Armed
Forces of the Philippines, the National Police Forces, or
confinement or detention in government institutions in
accordance with law, shall not be deemed to have lost his
original residence.
Any person, who, on the day of registration may not have
reached the required age or period of residence but who, on the
day of the election shall possess such qualifications, may
register as a voter.(Sec. 9, R.A. No. 8189)
Q. Who are not qualified to vote under the Election
Code?
A.:
a) Any person who has been sentenced by final judgment
to suffer imprisonment for not less than one year,
such disability not having been removed by plenary
pardon or granted amnesty: Provided, however, That
any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon
expiration of five years after service of sentence.
b) Any person who has been adjudged by final judgment
by competent court or tribunal of having committed
any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of
the anti-subversion and firearms laws, or any crime
against national security, unless restored to his full
civil and political rights in accordance with law:
Provided, That he shall regain his right to vote
automatically upon expiration of five years after
service of sentence.
c) Insane or incompetent persons as declared by
competent authority.(Sec. 118, B.P. 881, Omnibus
Election Code)
C. REGISTRATION OF VOTERS
Q. Why is registration necessary?
A. The act of registration is an indispensable precondition to
the right of suffrage. For registration is part and parcel of the
right to vote and an indispensable element in the election
process. Thus … registration cannot and should not be
denigrated to the lowly stature of a mere statutory
requirement. Proceeding from the significance of registration
as a necessary requisite to the right to vote, the State
undoubtedly, in the exercise of its inherent police power, may
then enact laws to safeguard and regulate the act of voter’s
registration for the ultimate purpose of conducting honest,
orderly and peaceful election, to the incidental yet generally
important end, that even pre-election activities could be
performed by the duly constituted authorities in a realistic and
orderly manner –one which is not indifferent and so far
removed from the pressing order of the day and the prevalent
circumstances of the times. (Akbayan, et al v. COMELEC, G.R.
No.147066, March 26, 2001)
Q. How can a qualified voter be registered?
A.
1) He shall be registered in the permanent list of voters in a
precinct of the city or municipality wherein he resides to
be able to vote in any election.
2) He shall personally accomplish an application form for
registration as prescribed by the Commission in three (3)
copies before the Election Officer on any date during office
hours after having acquired the qualifications of a voter.
3) The application shall contain the following data:
a) Name, surname, middle name, and/or
maternal surname;
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b) Sex;
c) Date, and place of
birth;
d) Citizenship;
e) Civil status, if married, name of spouse;
f) Profession, occupation or work
g) Periods of residence in the Philippines and in
the place of registration;
h) Exact address with the name of the street and
house number for location in the precinct maps
maintained by the local office of the
Commission, or in case there is none, a brief
description of his residence, sitio, and
barangay;
i) A statement that the applicant possesses all the
qualifications of a voter;
j) A statement that the applicant is not a
registered voter of any precinct; and
k) Such information or data as may be required
by the Commission.
4) The application for registration shall contain three (3)
specimen signatures of the applicant, clear and legible
rolled prints of his left and right thumbprints, with four
(4) identification size copies of his latest photograph,
attached thereto, to be taken at the expense of the
Commission.
5) Before the applicant accomplishes his application for
registration, the Election Officer shall inform him of the
qualifications and disqualifications prescribed by law for a
voter, and thereafter, see to it that the accomplished
application contains all the data therein required and that
the applicant's specimen signatures, fingerprints, and
photographs are properly affixed in all copies of the voter's
application.
Q. What is the effect of transfer of residence?
A. Any person who transfers residence solely by reason of his
occupation, profession or employment in private or public
service, education, etc. shall not be deemed to have lost his
original residence. (Asistio v. Aguirre, G.R. No. 191124, April
27, 2010)
Q. What is absentee voting?
A. Absentee Voting refers to the process by which qualified
citizens of the Philippines abroad exercise their right to vote.
(Sec. 3 [a], R.A. 9189)
Q. Who are qualified to vote under the absentee voting
law?
A. All citizens of the PH abroad, who are not otherwise
disqualified by law, at least 18 years of age on the day of the
election, may vote for the president, vice-president, senators
and party-list representatives. (Sec. 4, R.A. No. 9189)
Q. Who are disqualified to vote under the absentee
voting law?
A.
1) Those who have lost their Filipino citizenship in
accordance with Philippine laws;
2) Those who have expressly renounced their Philippine
citizenship and who have pledged allegiance to a foreign
country;
3) Those who have committed and are convicted in a final
judgment by a court or tribunal of an offense punishable
by imprisonment of not less than one (1) year, including
those who have committed and been found guilty of
Disloyalty as defined under Article 137 of the Revised
Penal Code, such disability not having been removed by
plenary pardon or amnesty.
However, That any person disqualified to vote under this
subsection shall automatically acquire the right to vote upon
expiration of five (5) years after service of sentence; Provided,
further, That the Commission may take cognizance of final
judgments issued by foreign courts or tribunals only on the
basis of reciprocity and subject to the formalities and processes
prescribed by the Rules of Court on execution of judgments;
4) An immigrant or a permanent resident who is recognized
as such in the host country
i) Unless he/she executes, upon registration, an
affidavit prepared for the purpose by the
Commission declaring that he/she shall resume
actual physical permanent residence in the
Philippines not later than three (3) years from
approval of his/her registration under this Act.
Such affidavit shall also state that he/she has not
applied for citizenship in another country.
ii) Failure to return shall be the cause for the
removal of the name of the immigrant or
permanent resident from the National Registry of
Absentee
iii) Voters and his/her permanent disqualification to
vote in absentia.
5) Any citizen of the Philippines abroad previously declared
insane or incompetent by competent authority in the
Philippines or abroad, as verified by the Philippine
embassies, consulates or foreign service establishments
concerned
Unless such competent authority subsequently certifies that
such person is no longer insane or incompetent.
Q. How shall absentee voting be done?
A.
1) The overseas absentee voter shall personally
accomplish his/her ballot at the embassy, consulate or
other foreign service establishment that has
jurisdiction over the country where he/she
temporarily resides or at any polling place designated
and accredited by the Commission.(Sec. 16, R.A. No.
9189)
2) Voting by mail (Sec. 17, R.A. No. 9189)
D. Inclusion and exclusion proceedings
Q. Who may file a petition in an inclusion or exclusion
proceedings?
A: In petition for inclusion, any person whose application for
registration the Board has disapproved or whose name has
been stricken out from the list may file with the court a petition
to include his name in the permanent list of voters in his
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precinct. It shall be supported by a
certificate of disapproval of his
application and proof of service of
notice of his petition upon the Board.(Sec. 34, R.A. No. 8189)
While in petition for exclusion, any registered voters,
representative of a political party or the Election Officer, may
file with the court a sworn petition for the exclusion of a voter
from the permanent list of voters giving the name, address and
the precinct of the challenged voter. It shall be accompanied by
proof of notice to the Board and to the challenged voter and
shall be decided within ten (10) days from its filing.(Sec. 35
R.A. No. 8189)
Q. When should the petition in an inclusion or
exclusion be filed?
A: The petition for inclusion of voters in the list shall be filed at
any time except one hundred five (105) days prior to a regular
election or seventy-five (75) days prior to a special election, and
shall be decided within fifteen (15) days after its filing.(Sec. 34,
R.A. No. 8189)
The petition for exclusion of voters in the list shall be filed at
any time except one hundred (100) days prior to a regular
election or sixty-five (65) days before a special election, and
shall be decided within ten (10) days from its filing.(Sec. 35
R.A. No. 8189)
Q. Which court has jurisdiction over the inclusion and
exclusion proceedings?
A. The Municipal and Metropolitan Trial Courts shall have
original and exclusive jurisdiction over all cases of inclusion
and exclusion of voters in their respective cities or
municipalities.
Decisions of the Municipal or Metropolitan Trial Courts may be
appealed by the aggrieved party to the Regional Trial Court
within five (5) days from receipt of notice thereof. Otherwise,
said decision shall become final and executory.
i) The RTC shall decide the appeal within ten (10) days
from the time it is received
ii) The decision shall immediately become final and
executor
iii) No motion for reconsideration shall be
entertained(Sec. 33, R.A. 8189)
Q. What are the common rules governing judicial
proceedings n the matter of inclusion, exclusion and
correction of names of voters?
A.
a) It should be filed during office hours
b) Notice of the place date and time of the hearing of the
petition shall be served upon the members of the
Board and the challenged voter upon filing of the
petition, using any of the modes of service:
i) Personal delivery
ii) Registered mail, or
iii) Posting in the bulletin board of city or
municipal hall and in 2 other conspicuous
places within the city of municipality
c) A petition shall refer only to one (1) precinct and
implead the Board as respondents
d) Generally, no costs shall be assessed against any
party. However, the court may order a party to pay the
costs and incidental expenses of the suit should it find
that the application was filed solely to harass the
adverse party and to cause him to incur expenses
e) Any voter, candidate or political party who may be
affected by the proceedings may intervene and
present his evidence
f) The decision shall be based on the evidence presented
and in no case rendered upon a stipulation of facts.
 If the question is whether or not the voter is
real or fictitious, his non-appearance on the
day set for hearing shall be prima facie
evidence that the challenged voter is
fictitious
g) The petition shall be heard and decided:
i) Within ten (10) days from the date of its
filing
ii) Within ten (10) days from receipt of the
appeal
iii) In all cases, the court shall decide these
petitions not later than fifteen (15) days
before the election and the decision shall
become final and executor (Sec. 32, R.A. No.
8189)
E. Political parties
Q. What is the purpose of registration?
A. The purpose of registration of political parties with the
COMELEC is to enable them to:
1) Acquire juridical personality;
2) Qualify for subsequent accreditation; and
3) Entitle them to the rights and privileges granted to
political parties. (Sec. 60,Omnibus Election Code)
Q. How can a national or regional political party be
registered with the Commission?
A.
a) By file with the COMELEC a verified petition
attaching thereto its constitution and by-laws,
platform or program of government and such other
relevant information as may be required by the
COMELEC.
b) The Commission shall, after due notice and hearing,
resolve the petition within ten days from the date it is
submitted for decision.
i) No religious sect shall be registered as a
political party and no political party which
seeks to achieve its goal through violence
shall be entitled to accreditation.(Sec. 61,
Omnibus Election Code)
c) The Commission shall require publication of the
petition for registration or accreditation in at least
three newspapers of general circulation and shall,
after due notice and hearing, resolve the petition
within fifteen days from the date it is submitted for
decision.(Sec. 62, Omnibus Election Code)
F. Candidacy
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Q. Who is a candidate according
to the Omnibus Election Code?
A. Candidate is a person aspiring for or
seeking an elective public office, who has filed a certificate of
candidacy by himself or through an accredited political party,
aggroupment, or coalition of parties. (Sec. 79[a], Omnibus
Election Code)
G. Qualifications of candidates
Q. What are the qualifications for President and Vice
Present of the Philippines?
A.
1) Natural-born citizen of the Philippines
2) Registered voter
3) Able to read and writer
4) At least 40 years of age at the day of election
5) Resident of the Philippines for at least 10 years
immediate preceding such election (Sec. 63, Omnibus
Election Code)
Q. What are the qualifications of elective local
officials?
A.
1) Must be a citizen of the Philippines
2) A registered voter in the barangay, municipality, city,
or province, or in the case of a member of the
sangguniang panlalawigan, panglungsod or bayan,
the district where he intends to be elected
3) Resident therein for at least 1 year immediately
preceding the day of election
4) Able to read and write Filipino or any other local
language or dialect (Sec. 39, R.A. No. 7160 Local
Government Code)
Q. What are the grounds for disqualification of a
candidate?
A: Any person who has been declared by competent authority
insane or incompetent, or has been sentenced by final
judgment for subversion, insurrection, rebellion or for any
offense for which he has been sentenced to a penalty of more
than eighteen months or for a crime involving moral turpitude,
shall be disqualified to be a candidate and to hold any office,
unless he has been given plenary pardon or granted amnesty.
This disqualifications to be a candidate herein provided shall
be deemed removed upon the declaration by competent
authority that said insanity or incompetence had been removed
or after the expiration of a period of five years from his service
of sentence, unless within the same period he again becomes
disqualified. (Sec. 12, BP Blg. 881)
H. Filing of certificates of candidacy
Q. What is the effect to any person holding an
appointive office or position?
A. Any person holding an appointive office or position,
including active members of the Armed Forces of the
Philippines, and officers and employees in GOCCs, shall be
considered ipso facto resigned from his office upon the filing of
his certificate of candidacy. Such resignation is
irrevocable. (Sec. 66, Omnibus Election Code)
Q. What is the effect to any person holding an
appointive office or position?
A. It has no effect. The candidate shall continue to hold office,
whether he is running for the same or a different position. (Sec.
14, Fair Elections Act expressly repealed Sec. 67 of the
Omnibus Election Code)
Q. When is substitution allowed?
A. If after the last day for the filing of certificates of candidacy,
an official candidate of a registered or accredited political party
dies, withdraws or is disqualified for any cause, only a person
belonging to, and certified by, the same political party may file
a certificate of candidacy to replace the candidate who died,
withdrew or was disqualified. (Sec. 77, Omnibus Election Code)
Q. What if the death, withdrawal or disqualification
occurred between the day before the election and mid-
day of Election Day?
A. The certificate of candidacy of the substitute candidacy
nominated by the political party concerned may be filed with
any board of election inspectors in the political subdivision
where he is a candidate, or, in the case of candidates to be
voted for by the entire electorate of the country, with the
Commission. (Sec. 77, Omnibus Election Code)
Q. What is the main duty of the COMELEC in receiving
certificate of candidacy?
A. The Commission, provincial election supervisor, election
registrar or officer designated by the Commission or the board
of election inspectors section shall have the ministerial duty to
receive and acknowledge receipt of the certificate of candidacy.
(Sec. 76, Omnibus Election Code)
Q. What is the ministerial duty of the receiving officer
in acknowledging receipt of certificates of candidacy?
A.
a) The receiving officer shall have the ministerial duty to
acknowledge receipt of the certificates of candidacy on or
before the deadline for filing of certificates of candidacy,
provided said certificates are under oath and in the form
prescribed by the Commission.
b) He shall stamp every copy of each certificate with the date
and time of its receipt and affix his signature thereon.
c) Thereafter, the receiving clerk shall enter in a record book,
the following data, leaving no space between entries:
i) date and time of receipt of the certificates;
ii) assigned consecutive number thereof;
iii) full name of the candidate;
iv) the office for which the candidate is running;
v) the political party to which the candidate
belongs and/or which nominated him, if any;
vi) the number of copies actually received; and
vii) the name of the officer or employee who
received the certificate.
d) Without delay, after 12:00 o’clock midnight of the last day
for filing certificate of candidacy, the receiving official shall
close the record book by placing a line immediately after
the last entry and writing the word closed.
e) He shall then affix his signature below the word closed and
indicate the date and exact time of closing.(Sec. 8,
COMELEC Resolution 9140)
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Q. Who may be considered a

nuisance candidate?
A. They are candidates who have no
bona fide intention to run for the office for which the COC has
been filed and would thus prevent a faithful election. And upon
showing that:
1) Said certificate has been filed to put the election process in
mockery or disrepute
2) To cause confusion among the voters by the similarity of
the names of the registered candidates; or
3) By other circumstances or acts which demonstrate that a
candidate has no bona fide intention to run for the office
for which his certificate of candidacy has been filed and
thus prevent a faithful determination of the true will of the
electorate. (Tajanan v. COMELEC, G.R. No. 104443, Apr.
13, 1992)

Q. Can the COMELEC, motu proprio, refuse to give

due course a certificate of candidacy?
A. The COMELEC may, motu proprio or upon verified petition
of an interested party, refuse to give due course to or cancel a
certificate of candidacy upon showing of the above‐stated
circumstances. (Sec. 69, B.P. 881 Omnibus Election Code)

Q. Who may file a petition to deny or cancel

certificates of candidacy?
A. A verified petition seeking to deny due course or to cancel a
certificate of candidacy may be filed by the person exclusively
on the ground that any material representation contained in
the certificate of candidacy is false. (Sec. 78, Omnibus Election
Code)

Q. When it may be filed?

A. At any time not later than twenty-five days from the time of
the filing of the certificate of candidacy and shall be decided,
after due notice and hearing, not later than fifteen days before
the election.(Sec. 78, Omnibus Election Code)

Q. What is the effect of disqualification?

A: Any candidate who has been declared by final judgment to
be disqualified shall not be voted for, and the votes cast for him
shall not be counted.

Nevertheless, if for any reason, a candidate is not declared by

final judgment before an election to be disqualified and he is
voted for and receives the winning number of votes in such
election, his violation of the provisions of the preceding
sections shall not prevent his proclamation and assumption to
office.(Sec. 72, Omnibus Election Code)

Q. How can a person withdraw the certificate of

candidacy?
A: A person who has filed a certificate of candidacy may, prior
to the election, withdraw the same by submitting to the office
concerned a written declaration under oath.

The withdrawal of a certificate of candidacy shall not affect

whatever civil, criminal or administrative liabilities, which a
candidate may have incurred.(Sec. 73, Omnibus Election Code)

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Government control Government control

through legislative charters through stock ownership
(stock) or membership
(non-stock)
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Q: What are Quasi-Corporations?
A: Quasi-corporations are public corporations created as
PRE-WEEK Q&A agencies of State for narrow and limited purpose.

Q: What are Municipal Corporations?

POLITICAL LAW A: A municipal corporation is a “body politic and corporate
constituted by the incorporation of the inhabitants for
ACADEMICS COMMITTEE 2015-2016
purposes of local government thereof; it is established by law
Committee Head for Academics:
OLIVE GRACE MA. P. CACHAPERO partly as an agency of the state to assist in the civil
Deputy Head: government of the country, but chiefly to regulate and
ANA KATRINA O. CONSTANTINO administer the local or internal affairs of the city, town or
district which is incorporated.” (Rodriguez, The Local
Political Law Team Government Code of 1991 Annotated., p 4 , citing Dillon,
Subject Chair for Political Law: Mun. Corp., Vol. 2, pp 58-59)
JOHN CALDAN BRIONES
B. MUNICIPAL CORPORATIONS
Subject Heads:
Local Government – EM ASIDDAO
Public International Law - JOHN CARLO PAJO Q: What are the elements of a Municipal
Corporation?
Member: OJO SAN JUAN A: The elements are:
Contributors: KYLIE DADO 1) A legal creation or incorporation;
ANA KATRINA O. CONSTANTINO 2) A corporate name by which the artificial personality
OLIVE GRACE MA. P. CACHAPERO or legal entity is known and in which all corporate acts
are done;
LOCAL GOVERNMENT 3) Inhabitants constituting the population who are
invested with the political and corporate power which
A. PUBLIC CORPORATIONS are executed through duly constituted officers;
4) A place or territory within which the Local Civil
Q: What are difference between a Public Government and corporate functions are exercised.
Corporation and a government-owned or controlled (Rodriguez, The Local Government Code of 1991
corporations? Annotated., supra)
A:
Q: What are the functions and nature of a Municipal
PUBLIC GOCC (Government- Corporation?
CORPORATION Owned or Controlled A: Section 15, Local Government Code:
Corp) Political and Corporate Nature of Local Government Units
provides that “Every local government unit created or
recognized under this Code is a body politic and corporate
Formed by the State Formed under either the endowed with powers to be exercised by it in conformity with
through charters by the Corporation Code or special law. As such, it shall exercise powers as a political
legislature –special act or charter subdivision of the National Government and as a corporate
general act entity representing the inhabitants of its territory.”
Formation under special
charters in the interest of The mere change of the sovereign authority governing a
common good and subject country does not necessarily dissolve the municipal
to economic viability corporation organized under the former sovereign. The
argument that by the change of sovereignty the old city was
extinguished in the same manner as the agent dies upon the
Public entity Private entity death of the principal, loses sight of the dual character of
municipal corporations, corporate and governmental. Only
Governed by the legislative Governed by the special such governmental functions as are compatible with the
charters creating them laws creating them and the present sovereignty may be considered suspended. (Villas vs
Corporation Code City of Manila, 42 Phil 935, April 3, 2011)

A municipality, as a juridical person, may acquire

patrimonial property under its own independent personality
and not as a mere agent of the Central Government.
(Municipality of Catbalogan vs Director of Lands, 17 Phil
216, October 17, 2010)

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Q: What are the requisites for
creation, conversion, division,
merger or dissolution?
A: The requisites are:
1) Population based on the certification of NSO
2) Income as authenticated by the DoF; and
3) Land Area as verified by Land Management Bureau
of DENR. (Aldaba vs Comelec; Navarro vs Ermita;
LCP vs COMELEC)
C. PRINCIPLES OF LOCAL AUTONOMY
Q: What is the basis for Local Autonomy?
A: Section 2, Article X, 1987 Constitution provides that “The
territorial and political subdivisions shall enjoy local
autonomy.”
Q: What is Local Autonomy?
A: The meaning of local autonomy for local governments
under the 1987 Constitution has been levelled down when
the Supreme Court held:
“Municipal governments are only agents of the
national government. Local councils exercise only
delegated legislative powers conferred on them by
Congress as the national law making body. The
delegate cannot be superior to the principal or
exercise powers higher than those of the latter. It is
a heresy to suggest that local government units can
undo the acts of Congress, from which they have
derived their power in the first place, and negate by
mere ordinance the mandate of the
stature.”(Magtajas vs Pryce Propertes Corporation
232 SCCRA 255 (1994)
“When indeed the Constitution has expanded the autonomy
of local governments, they have not been thereby made
imperium in imperio. Congress may still impose limits on
their powers. Thus they may not violate the statutory limits
on their powers.”(Tan vs Pereña, GR No. 149743, February
18, 2005)
D. POWERS OF LOCAL GOVERNMENT UNITS
Q: What is Police power?
A: Section 16, Local Government Code provides that “Every
local government unit shall exercise the powers expressly
granted, those necessarily implied there from, as well as
powers necessary, appropriate, or incidental for its efficient
and effective governance, and those which are essential to
the promotion of the general welfare. Within their respective
territorial jurisdictions, local government units shall ensure
and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance
the right of the people to a balanced ecology, encourage and
support the development of appropriate and self-reliant
scientific and technological capabilities, improve public
morals, enhance economic prosperity and social justice,
promote full employment among their residents, maintain
peace and order, and preserve the comfort and convenience
of their inhabitants.”
This is the so-called “general welfare clause” which
empowers local government units to enact and implement
measures for the general well-being of their inhabitants. Its
basis is the police power of the State as delegated to local
government units. (Makasiano vs Diokno, 212 SCRA 464)
Q: What is the power of Eminent Domain?
A: Section 19, Local Government Code provides that “A local
government unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of eminent
domain for public use, or purpose or welfare for the benefit
of the poor and the landless, upon payment of just
compensation, pursuant to the provisions of the Constitution
and pertinent laws: Provided, however, That the power of
eminent domain may not be exercised unless a valid and
definite offer has been previously made to the owner, and
such offer was not accepted: Provided, further, That the local
government unit may immediately take possession of the
property upon the filing of the expropriation proceedings
and upon making a deposit with the proper court of at least
fifteen percent (15%) of the fair market value of the property
based on the current tax declaration of the property to be
expropriated: Provided, finally, That, the amount to be paid
for the expropriated property shall be determined by the
proper court, based on the fair market value at the time of
the taking of the property.”
The power to expropriate private property has been
delegated by Congress to LGUs under Section 19, LGC. The
exercise by LGUs of the power of eminent domain are subject
to the usual constitutional limitations such as necessity,
private property, taking, public use, just compensation and
due process of law. The determination of whether there is
genuine necessity for the exercise of the power of eminent
domain is a justiciable question when exercised by the LGUs
and generally a political question when exercised by
Congress. (Municipality of Paranaque vs V.M. Realty, 292
SCRA 678, July 20, 1998)
Q: What is the power of Taxation?
A: Section 5, Article X, 1987 Constitution provides that
“Each local government unit shall have the power to create
its own sources of revenues and to levy taxes, fees and
charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.”
Q: What are the Fundamental Principles of the
Power of Taxation?
A: The fundamental principles are:
1) Uniformity within the territorial jurisdiction
2) Equitable – as far as practicable on the ability to
pay; for public purposes; not unjust, excessive,
oppressive or confiscatory; not contrary to law,
public policy, national economic policy, or in
restraint of trade
3) Shall not be left to any private person
4) Solely for the benefit of the LGU
5) Progressive (Manila Electric Company v. Province
of Laguna, G.R.No. 131359 (1999)
E. CLOSURE AND OPENING OF ROADS
Q: What are the rules for the closure of roads?
A: A road may be:
a) permanently closed
b) temporarily closed
c) opened
Types (must be within jurisdiction and through and
ordinance):
a) local road
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b) alley
c) park
d) square
Permanent closure:
a) The ordinance must be approved by 2/3 of
Sanggunian
b) Provisions for public safety
c) A substitute for public facility shall be provided
when necessary
d) May be used or conveyed for any purpose (like
how LGUs legally dispose their property)
Qualify: FREEDOM PARK –there must be a
provision on its relocation
Temporary Closure:
When:
1) Actual emergency
2) Fiesta celebrations
3) Public rallies
4) Agricultural or industrial fairs
5) Undertaking of public works and highways,
telecommunications, and waterworks projects
6) Shopping malls, Sunday, flea or night markets, or
shopping areas may be established and where
goods, merchandise, foodstuffs, commodities, or
articles of commerce may be sold to the public.
7) Duration shall be specified by the local chief
executive in a written order
Qualify: ATHLETIC, CULTURAL, CIVIC ACTIVITIES –
must be officially sponsored/recognized/approved by
the LGU
Q: What are the rules for the opening of roads?
A: The opening of Orbit Street to traffic by the Mayor was
warranted by the demands of the common good and is a
valid exercise of police power. Police power, unlike the power
of eminent domain, is exercised without provisions of just
compensation. The fact that the opening up of Orbit St. to
vehicular traffic had led to the loss of privacy of Bel-Air
residents, does not render the exercise of police power
unjustified.
• Provincial roads and city streets are property for
public use under Art. 424 of the Civil Code, hence
under the absolute control of Congress. They are
outside the commerce of man and cannot be
disposed of to private persons.
• The properties of provinces, cities, and
municipalities are divided into property for public
use and patrimonial property. Those properties for
public use and made available to the public in
general are outside the commerce of man and
cannot be disposed of or leased by the local
government unit to private persons. (Rodriguez, p
91, citing Sangalang vs IAC, 176 SCRA 716)
F. LEGISLATIVE POWER OF LOCAL GOVERNMENT
UNITS
Q: Where is legislative power vested in Local
Government Units?
A: Section 48, Local Government provides that “Local
legislative power shall be exercised by the sangguniang
panlalawigan for the province; the sangguniang panlungsod
for the city; the sangguniang bayan for the municipality; and
the sangguniang barangay for the barangay.”
Q: What are the requisites for a valid ordinance?
A: The requisites are:
1) must be within the corporate powers of the
municipality to enact
2) must be passed according to the procedure
prescribed by law
3) must be in consonance with well-established and basic
principles of law
4) must not contravene Constitution or any statute
5) must not be unfair or oppressive
6) must not be partial or discriminatory
7) must not prohibit but may regulate trade
8) must be specific and consistent with public policy
9) must not be unreasonable. (Rodriguez, pp 169-170,
citing Sinco, Philippine Political Law)
Q: What is Local Initiative?
A: Local Initiative is the legal process whereby the
registered voters of a local government unit may directly
propse, enact or amend any ordinance. It may be exercised
by all registered voters of the provinces, cities, municipalities
and barangays.
• Can be exercised only once a year
• Shall extend only to matters within the powers of the
Sanggunian
• If at any time before the initiative is held, the
Sanggunian concerned adopts in toto the proposition
presented and the local chief executive approves the
same, the initiative shall be cancelled. However those
against such action may apply for initiative in the
manner provided by law
Q: What is Local Referendum?
A: Local Referendum is the legal process whereby the
registered voters of the local government units may approve,
amend or reject any ordinance.
G. CORPORATE POWERS
Q: Describe the capacity to sue and be sued.
A: Private lawyers may not represent municipalities on their
own, and neither may they do so even in collaboration with
authorized government lawyers. Only the provincial fiscal,
provincial attorney, and municipal attorney should represent
a municipality in lawsuits.
Exception: May expressly adopt the work already
performed in good faith by such private lawyer, which work
is beneficial to it
Exception to the exception:
1) No injustice is made to the adverse party
2) No compensation in any guise is paid to the private
lawyer (Ramos vs CA, G.R. No. 99425, March 3, 1997).
Q: Describe the capacity to acquire and sell property
A: The local government unit may acquire real or personal,
tangible or intangible property, in any manner allowed by
law, e.g., sale, donation, etc.
The local government unit may alienate only patrimonial
property, upon proper authority.
In the absence of proof that the property was acquired
through corporate or private funds, the presumption is that
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it came from the State upon the
creation of the municipality and,
thus, is governmental or public
property. (Salas vs Jarencio, 48 SCRA 734, August 30, 1972)
Town plazas are properties of public dominion; they may be
occupied temporarily, but only for the duration of an
emergency. (Espiritu vs Municipal Council of Pozorrubio,
Pangasinan, 102 Phil 866, January 21, 1958)
A public plaza is beyond the commerce of man, and cannot
be the subject of lease or other contractual undertaking.
And, even assuming the existence of a valid lease of the
public plaza or part thereof, the municipal resolution
effectively terminated the agreement, for it is settled that the
police power cannot be surrendered or bargained away
through the medium of a contract.
If engaged in proprietary functions, local government
unit is liable.
The LGU is to be regarded as a private corporation or
individual as to its liability to third persons on contract
or in tort.
Q: What is the Liability of LGU for Contracts?
A: A municipal corporation, like an ordinary person, is liable
on a contract it enters into, provided that the contract is intra
vires. If the contract is ultra vires, the municipal corporation
is not liable.
A private individual who deals with a municipal corporation
is imputed constructive knowledge of the extent of the power
or authority of the municipal corporation to enter into
contracts.

Q: What are the requisites in entering contracts?
A: The requisites are:
1) The LGU has the express, implied or inherent
power to enter into the particular contract.
2) The contract is entered into by the proper
department, board, committee, officer or agent.
• Unless otherwise provided by the Code, no
contract may be entered into by the local
chief executive on behalf of the local
government unit without prior
authorization by the sanggunian
concerned.
3) The contract must comply with certain substantive
requirements.
4) The contract must comply with the formal
requirements of written contracts, e.g., the Statute
of Frauds.
5) Those entered into by the local chief executive shall
require a prior authorization from Sanggunian
Q: What are Ultra vires contracts?
A: When a contract is entered into without compliance with
the substantive requirements and has no inherent power, the
same is ULTRA VIRES and is null and void. Such contract
cannot be ratified or validated. Ratification of defective
municipal contracts is possible only when there is non-
compliance with the second and/or fourth requirements
above. Ratification may be express or implied.
H. LIABILITY OF LGUs
Ordinarily, therefore, the doctrine of estoppel does not lie
against municipal corporation.
Q: What is the Doctrine of Implied Municipal
Liability
A: The doctrine applies to all cases where money or property
of a party is received under such circumstances that the
general law, independent of an express contract, implies an
obligation to do justice with respect to the same.
A municipality may become obligated upon an implied
contract to pay the reasonable value of the benefits accepted
or appropriated by it as to which it has the general power to
contract. (Province of Cebu vs. IAC, 147 SCRA 447)
I. SETTLEMENT OF BOUNDARY DISPUTES
Q: What are the rules for the settlement of boundary
disputes?
A:
1) Disputes on boundary settlements shall be brought
to the respective Sanggunian:
DISPUTING UNITS SANGGUNIAN
Baranggays in the same
• Sangguninang
city or municipality Panlungsod or
• Sangguninang Bayan

Q: What is the legal basis for the liability of LGUs? Municipalities in the same • Sangguninang
A: Section 24, Local Government Code of 1991 provides that province Panlalawigan
“Local government units and their officials are not exempt
from liability for death or injury to persons or damage to Municipalities or • JOINTLY referred in
property.” component cities of the Sanggunian of the
different provinces provinces involved
Q: What is the Liability of LGU for Tort?
A:
1. Public or Government Functions
The local government unit engaged in governmental Component city or • JOINTLY referred for
functions, it is NOT liable for the acts of its officers or municipality settlement to the
agents in the performance of its governmental functions. AND Sanggunian of the
This is based on the sovereign character of the state and Highly urbanized cities parties, respectively
its agencies. (Rodriguez, R.B., The Local Government
Code of 1991: Annotated, p105)

2. Corporate, Private or Propriety Functions

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2) If the Sanggunian is unable

to bring amicable settlement within
Vacant Appointing
60 days, it must issue a certification LGU
Sanggunian Officer
stating so. The 60 days begin from the date of
referral of the dispute.
3) The Sanggunian will then try the dispute and
Sangguniang Highly The President,
decide within 60 days from the date of issuing a
Panlalawigan AND Urbanized cities, through
certification.
Sangguniang AND Executive
4) Any of the parties may appeal the decision of the
Panlungsod Independent Secretary
Sanggunian to the RTC with jurisdiction on the
component Cities
area.
5) The RTC will decide the appeal within 1 year from
the filing.

• The disputed area will be maintained and continued as

it is while pending the case resolution. Sangguniang Component City Governor
Panlungsod AND
Sangguniang Bayan
J. SUCCESSION OF ELECTIVE OFFICIALS

Q: What is the rule on succession for the offices of

the governor, vice governor, mayor, vice mayor?
A:
VACANT SUCCESSOR IN NEXT Sangguniang City OR City or municipal
OFFICE OFFICE SUCCESSOR (if Barangay Municipality Mayor
successor
unable) UPON
recommendation
of the
Governor, Vice-Governor, OR Highest Ranking Sangguniang
OR Vice Mayor Sanggunian Barangay
Mayor member OR Second concerned
Highest if highest is
permanently unable

“From the Same Political Party”

A nomination and a certificate of membership of the
Punong Highest Ranking Second Highest if appointee from the highest official of the political party
Baranggay Sanggunian highest is concerned are conditions sine qua non, and any appointment
member, OR permanently unable without such nomination and certificate shall be null and
void ab initio and shall be a ground for administrative action
against the official responsible.

In case there is no political party: If the official does not

belong to any party, the local chief executive shall appoint a
• Successors shall only serve the unexpired qualified person to fill, upon recommendation of the
term sanggunian concerned.

“Highest Ranking Sanggunian”
Determined on the basis of the proportion of the votes
obtained to the number of registered votes in each district.
In case of tie: resolved by drawing of lots.
Q: What is the rule on succession for the
sanggunian?
A: There is only one rule governing appointments to the
Sangguniang Barangay. Any vacancy caused by the cessation
from office of a member must bemade by the mayor upon the
recommendation of that Sanggunian. The reason is that
members of the Sangguniang Barangay are not allowed to
have party affiliations. (Fariñas vs. Barba, 256 SCRA 396
(1996)
The appointing authority is not bound to appoint anyone
recommended to him by the Sanggunian concerned. The
power of appointment is discretionary power. On the other
hand, neither is the appointing power vested with so large a
discretion that he can disregard the recommendation of the
Sanggunian concerned. Since the recommendation takes the
place of nomination by political party, the recommendation
must likewise be considered a condition sine qua non for the
validity of the appointment, by analogy of Sec 45(b).
Q: What are the rules for Temporary Vacancy in
case of the Local Chief Executive?
A: Manner of succession

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authorization shall specify the powers of the

officer-in-charge except the power to appoint,
suspend or dismiss employees.
• If the local chief executive fails to issue the
Local Chief Cause of Temporary authorization, the vice -governor, vice-mayor, or
Executive Vacancy Successor highest ranking sangguniang barangay member
Officer (INCAPACITY) shall have the right to assume his powers on the
fourth (4th) day of his absence.
• These powers exclude power to suspend, appoint,
Governor, Physical or Legal Vice-Governor or dismiss employees.
Mayor, OR reasons Vice-Mayor, OR
Punong (LOA, abroad, Highest Except as provided: The local chief executive shall not
Barangay suspension) Ranking authorize any local official to assume the powers, duties and
Sanggunian functions of the office, other than the vice governor, the vice-
member mayor, or the highest ranking sanggunian member (as the
case may be).

K. DISCIPLINE OF LOCAL OFFICIALS

Q: What are the grounds for discipline of Elective

Local Officials?
• AUTOMATICALLY assumes A: An elective local official may be disciplined, suspended, or
• Exercises all duties and powers removed from office on any of the following grounds:
EXCEPT:
Power to suspend, appoint, dismiss 1) Disloyalty to the Republic of the Philippines;
Employees 2) Culpable violation of the Constitution;
3) Dishonesty, oppression, misconduct in office, gross
• These can only be exercised if the power
negligence, or dereliction of duty;
temporary incapacity exceeds 30 working
4) Commission of any offense involving moral turpitude or
days.
an offense punishable by at least prision mayor;
5) Abuse of authority;
6) Unauthorized absence for fifteen (15) consecutive
working days, except in the case of members of the
sangguniang panlalawigan, sangguniang panlungsod,
sangguniang bayan, and sangguniang barangay;
Q: What are the rules for the termination of 7) Application for, or acquisition of, foreign citizenship or
temporary succession? residence or the status of an immigrant of another
A: country; and
8) Such other grounds as may be provided in this Code and
other laws. An elective local official may be removed
CAUSE OF VACANCY TERMINATION OF from office on the grounds enumerated above by order
OR INCAPACITY INCAPACITY of the proper court. (Chapter 4, Sec. 60, RA 7160)

Q: Who has jurisdiction for the complaints against

the local officials?
By submission of local chief A:
Physical reason (ie LOA) executive of a written
Filing of Verified Complaint
declaration to the
appropriate Sanggunian
Government Office Elective Officials to be
that he has reported back to
Disciplined
office
Office of the President Provincial; Highly
Urbanized City;
By submission of written Independent Component
Legal reason (ie declaration AND City; Component City
suspension) necessary documents
showing the cause no longer
exists Sangguniang Municipal
Panlalawigan

APPEAL: Office of the

President
“Travelling within the country for no more than 3
days, but outside his jurisdiction”
• When the local chief executive is traveling within
the Philippines for not more than 3 consecutive
days, he may designate an officer-in-charge. The
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Sangguniang Panlungsod Barangay
or Sangguniang Bayan
(final and executory)
Q: Who may impose preventive suspension?
A: It may be imposed:
1) By the President, if the respondent is an elective official
of a province, a highly urbanized or an independent
component city;
2) By the governor, if the respondent is an elective official
of a component city or municipality; or
3) By the mayor, if the respondent is an elective official of
the barangay.
Q: When may preventive suspension be imposed?
A:
a) at any time after the issues are joined,
b) when the evidence of guilt is strong,
c) and given the gravity of the offense, there is great
probability that the continuance in office of the
respondent could influence the witnesses or pose a
threat to the safety and integrity of the records and other
evidence:
Provided, that, any single preventive suspension of local
elective fficials shall not extend beyond sixty (60) days:
Provided, further, that in the event that several
administrative cases are filed against an elective official, he
cannot be preventively suspended for more than ninety (90)
days within a single year on the same ground or grounds
existing and known at the time of the first suspension.
Q: What are the Rights of the Respondent?
A: The respondent shall be accorded:
1) full opportunity to appear and defend himself in person
or by counsel,
2) to confront and cross-examine the witnesses against
him, and
3) to require the attendance of witnesses and the
production of documentary evidence in his favor
through the compulsory process of subpoena or
subpoena duces tecum.
Q: What is the Form and Notice of Decision?
A: The investigation of the case shall be terminated within
ninety (90) days from the start thereof. Within thirty (30)
days after the end of the investigation, the Office of the
President or the sanggunian concerned shall render a
decision in writing stating clearly and distinctly the facts and
the reasons for such decision. Copies of said decision shall
immediately be furnished the respondent and all interested
parties.
The penalty of suspension shall not exceed the unexpired
term of the respondent or a period of six (6) months for
every administrative offense,
nor shall said penalty be a bar to the candidacy of the
respondent so suspended as long as he meets the
qualifications required for the office.
Q: What is the effect of the penalty of removal?
A: The penalty of removal from office as a result of an
administrative investigation shall be considered a bar to the
candidacy of the respondent for any elective position.
Q: What are the rules for Administrative appeal?
A: Decisions in administrative cases may, within 30 days
from receipt thereof, be appealed to:
a) The sangguniang panlalawigan, in the case of decisions
of the sangguniang panlungsod of component cities and
the sangguniang bayan; and
b) The Office of the President, in the case of decisions of
the sangguniang panlalawigan and the sangguniang
panlungsod of highly urbanized cities and independent
component cities. Decisions of the Office of the
President shall be final and executory.
An appeal shall not prevent a decision from becoming final
or executory.
The respondent shall be considered as having been placed
under preventive suspension during the pendency of an
appeal in the event he wins such appeal. In the event the
appeal results in an exoneration, he shall be paid his salary
and such other emoluments during the pendency of the
appeal.
Q: What is the Doctrine of Condonation?
A: When the people have elected a man to office, it must be
assumed that they did this with knowledge of his life and
character, and that they disregarded or forgave his faults or
misconduct, if he had been guilty of any. It is not for the
court, by reason of such faults or misconduct to practically
overrule the will of the people. (Pascual vs Provincial Board
of Nueva Ecija, G.R. No. L-11959, October 31, 1959)
A public official cannot be removed for administrative
misconduct committed during a prior term, since his re-
election to office operates as a condonation of the officer’s
previous misconduct to the extent of cutting off the right to
remove him therefor. The foregoing rule, however, finds no
application to criminal cases pending against petitioner.
(Aguinaldo vs Santos, G.R. No. 94115, August 21, 1992)
A reelected local official may not be held administratively
accountable for misconduct committed during his prior term
of office. The rationale for this holding is that when the
electorate put him back into office, it is presumed that it did
so with full knowledge of his life and character, including his
past misconduct. If, armed with such knowledge, it still
reelects him, then such reelection is considered a
condonation of his past misdeeds. (Garcia vs Mojica, G.R.
No. 139043, September 10, 1999)
In the Salumbides case the Court rejects petitioners’ theory
that the doctrine of condonation be expanded to cover
coterminous appointive officials who were administratively
charged along with the reelected official/appointing
authority with infractions allegedly committed during their
preceding term. (Salumbides vs Office of the Ombudsman,
G.R. No. 180917, April 23, 2010)
The electorate's condonation of the previous administrative
infractions of the reelected official cannot be extended to that
of the reappointed coterminous employees, the underlying
basis of the rule being to uphold the will of the people
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expressed through the ballot. In
other words, there is neither
subversion of the sovereign will nor
disenfranchisement of the electorate to speak of, in the case
of reappointed coterminous employees. In other words, the
doctrine of condonation does not extend to appointive
officials.
Q: What is the effect of recall election on the term
limit?
A: Since the recall election is considered as a special election,
an elected official, who served for 3 consecutive terms, may
win in said election without violating the term-limit rule.
(Socrates vs Comelec, 2002)

Q: Who are the Appointive officials?

A: The appointive officials common to all Municipalities,
Cities, and Provinces:
1) Secretary to the Sanggunian (Sec. 469, RA7160)
2) Treasurer (Sec. 470, RA 7160)
3) The Assessor (Sec. 472, RA 7160)
4) The Accountant (Sec. 474, RA 7160)
5) The Budget Officer (Sec. 475, RA 7160)
6) The Planning and Development Coordinator (Sec. 476,
RA 7160)
7) The Engineer (Sec. 477, RA 7160)
8) The Health Officer (Sec. 478, RA 7160)
9) The Civil Registrar (Sec. 479, RA 7160)
10) The Administrator (Sec. 480, RA 7160)
11) The Legal Officer (Sec. 481, RA 7160)
12) The Agriculturist (Sec. 482, RA 7160)
13) The Social Welfare and Development Officer (Sec. 483,
RA 7160)
14) The Environment and Natural Resources Officer (Sec.
484, RA 7160)
15) The Architect (Sec. 485, RA 7160)
16) The Information Officer (Sec. 486, RA 7160)
17) The Cooperatives Officer (Sec. 487, RA 7160)
18) The Population Officer (Sec. 488, RA 7160)
19) The Veterinarian (Sec. 489, RA 7160)
20) The General Services Officer (Sec. 490, RA 7160)

L. RECALL

Q: What is recall?
A: Recall is the termination of official relationship of an
elective official for loss of confidence prior to the expiration
of his term through the will of the electorate (Sec 69, Local
Government Code).

Q: Who exercises the power to recall?

A: The power of recall for loss of confidence shall be
exercised by the registered voters of a local government unit
to which the local elective official subject to such recall
belongs.

Q: How does one initiate a recall process?

A: By a preparatory recall assembly or by the registered
voters of the local government unit to which the local elective
official subject to such recall belongs.

Q: How many times can an elective local official be a

subject of a recall election?
A: Any elective local official may be the subject of a recall
election only once during his term of office for loss of
confidence.

Q: What is the nature of an election based on the

process of recall?
A: It is considered a special election

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LASALLIAN COMMISSION ON
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PRE-WEEK Q&A
POLITICAL LAW
ACADEMICS COMMITTEE 2015-2016
Committee Head for Academics:
OLIVE GRACE MA. P. CACHAPERO
Deputy Head:
ANA KATRINA O. CONSTANTINO
Political Law Team
Subject Chair for Political Law:
JOHN CALDAN BRIONES
Subject Heads:
Local Government – EM ASIDDAO
Public International Law - JOHN CARLO PAJO
Member: OJO SAN JUAN
Contributors: KYLIE DADO
ANA KATRINA O. CONSTANTINO
OLIVE GRACE MA. P. CACHAPERO
NATIONAL ECONOMY & PATRIMONY
Q: What is the concept of Regalian doctrine?
A: Under the Regalian doctrine which is embodied in Section
2, Article XII of the 1987 Constitution, all lands of the public
domain belong to the State, which is the source of any asserted
right to ownership of land. All lands not appearing to be clearly
within private ownership are presumed to belong to the
State. Unless public land is shown to have been reclassified or
alienated to a private person by the State, it remains part of the
inalienable public domain. To overcome this presumption,
incontrovertible evidence must be established that the land
subject of the application is alienable or disposable. (Aranda
vs. Republic of the Philippines, G.R. No. 172331, August 24,
2011)
The Regalian Doctrine dictates that all lands of the public
domain belong to the State, that the State is the source of any
asserted right to ownership of land and charged with the
conservation of such patrimony. (Zarate v. Director of
Lands, G.R. No. 131501, July 14, 2004)
Section 2, Art. XII, Philippine Constitution
All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall
not be alienated. Xxx.
Q: What is the nationalist provision under the
Constitution?
A:
Sec. 1, Art. XII, Philippine Constitution
The goals of the national economy are a more equitable
distribution of opportunities, income, and wealth; a sustained
increase in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding
productivity as the key to raising the quality of life for all,
especially the underprivileged.
The State shall promote industrialization and full employment
based on sound agricultural development and agrarian reform,
through industries that make full of efficient use of human and
natural resources, and which are competitive in both domestic
and foreign markets. However, the State shall protect Filipino
enterprises against unfair foreign competition and trade
practices.
In the pursuit of these goals, all sectors of the economy and all
region s of the country shall be given optimum opportunity to
develop. Private enterprises, including corporations,
cooperatives, and similar collective organizations, shall be
encouraged to broaden the base of their ownership.
Q: What are the Constitutional provisions on
citizenship requirements?
A:
Filipino Citizens
Citizens of the Philippines may lease not more than five
hundred hectares, or acquire not more than twelve hectares of
the alienable lands of the public domain, by purchase,
homestead, or grant. (Sec. 3, Article XII, Constitution) Citizens
may acquire private lands.
Natural-born citizen of the Philippines who has lost his
Philippine citizenship
A natural-born citizen of the Philippines who has lost his
Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law. (Sec. 8, Article XII,
Constitution)
Aliens
Alien Individuals may be transferees of private lands only in
cases of hereditary succession. (Sec. 7, Article XII,
Constitution)
Corporations
Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a
period not exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one thousand
hectares in area. (Sec. 3, Article XII, Constitution)
Only corporations or associations at least 60% of the capital
stock of which is owned by Filipinos, and the remainder by
foreigners, may own private lands.
The 1987 Constitution absolutely prohibits private
corporations from acquiring any kind of alienable land of the
public domain. (Republic vs. T.A.N. Properties Inc.)
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Ownership of at least 60% Capital
The Congress shall, upon
recommendation of the economic and
planning agency, when the national interest dictates, reserve to
citizens of the Philippines or to corporations or associations at
least sixty per centum of whose capital is owned by such
citizens, or such higher percentage as Congress may prescribe,
certain areas of investments. The Congress shall enact
measures that will encourage the formation and operation of
enterprises whose capital is wholly owned by Filipinos.
(Section 10, Art. XII, Constitution)
[A]fter expressly declaring that all lands of the public domain,
waters, minerals, all forces of energy and other natural
resources belonged to the Philippine State, the Commonwealth
absolutely prohibited the alienation of these natural
resources. Their disposition, exploitation, development and
utilization were further restricted only to Filipino citizens and
entities that were 60 percent Filipino-owned. The present
Constitution even goes further by declaring that such activities
"shall be under the full control and supervision of the
State."Additionally, it enumerates land classifications and
expressly states that only agricultural lands of the public
domain shall be alienable. (Concurring Opinion of J.
Panganiban in Cruz vs. Sec. of Environment and Natural
Resources, 2000)
Q: What is the Constitutional provision on
exploration, development and utilization of natural
resources?
A:
Section 2, Article XII, Constitution
All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall
not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control
and supervision of the State. The State may directly undertake
such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least 60 per centum
of whose capital is owned by such citizens. Such agreements
may be for a period not exceeding twenty-five years, renewable
for not more than twenty-five years, and under such terms and
conditions as may provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses other than
the development of waterpower, beneficial use may be the
measure and limit of the grant.
The State shall protect the nations marine wealth in its
archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to Filipino
citizens.
The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative
fish farming, with priority to subsistence fishermen and fish
workers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance
for large-scale exploration, development, and utilization
of minerals, petroleum, and other mineral oils according to the
general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of
the country. In such agreements, the State shall promote the
development and use of local scientific and technical resources.
Xxx.
Q: What is the Constitutional provision on franchises,
authority and certificates for public utilities?
A: Sec. 11, Art. XII of the 1987 Constitution provides that: “No
franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to citizens
of the Philippines or to corporations or associations organized
under the laws of the Philippines, at least sixty per centum of
whose capital is owned by such citizens; nor shall such
franchise, certificate, or authorization be exclusive in character
or for a longer period than fifty years. Neither shall any such
franchise or right be granted except under the condition that it
shall be subject to amendment, alteration, or repeal by the
Congress when the common good so requires. The State shall
encourage equity participation in public utilities by the general
public. The participation of foreign investors in the governing
body of any public utility enterprise shall be limited to their
proportionate share in its capital, and all the executive and
managing officers of such corporation or association must be
citizens of the Philippines.”
NOTE: Although Section 11 of Article XII recognizes Congress'
control over any franchise, certificate or authority to operate a
public utility, it does not mean Congress has exclusive
authority to issue the same. Franchises issued by Congress are
not required before each and every public utility may operate.
In many instances, Congress has seen it fit to delegate this
function to government agencies, specialized particularly in
their respective areas of public service. (PAL vs. Civil
Aeronautics Board and Grand International Airways, Inc.,
G.R. No. 119528, March 26, 1997)
Q: What does the Constitution provide as to
acquisition, ownership and transfer of public and
private lands?
A: Section 7, Article XII of the 1987 Constitution states: Save in
cases of hereditary succession, no private lands shall be
transferred or conveyed except to individuals, corporations, or
associations qualified to acquire or hold lands of the public
domain.
Aliens, whether individuals or corporations, have been
disqualified from acquiring lands of the public domain. Hence,
by virtue of the aforecited constitutional provision, they are
also disqualified from acquiring private lands. The primary
purpose of this constitutional provision is the conservation of
the national patrimony. Our fundamental law cannot be any
clearer. The right to acquire lands of the public domain is
reserved only to Filipino citizens or corporations at least sixty
percent of the capital of which is owned by Filipinos.
The rule is clear and inflexible: aliens are absolutely not
allowed to acquire public or private lands in the Philippines,
save only in constitutionally recognized exceptions. (Matthews
vs. Taylor, G.R. No. 164584, June 22, 2009)
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Q: What does the Constitution
provide as to practice of
professions?
A: Section 14 of Art. XII provides that: The sustained
development of a reservoir of national talents consisting of
Filipino scientists, entrepreneurs, professionals, managers,
high-level technical manpower and skilled workers and
craftsmen in all fields shall be promoted by the State. The State
shall encourage appropriate technology and regulate its
transfer for the national benefit. The practice of all professions
in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.
Q: What is the Constitutional provision on
organization and regulation of private and public
corporations?
A: Section 16 of Art. XII provides that: The Congress shall
not, except by general law, provide for the formation,
organization, or regulation of private corporations.
Government-owned or controlled corporations may be created
or established by special charters in the interest of the common
good and subject to the test of economic viability.
Q: What does the constitutional prohibition on
monopolies, restraint of trade and unfair competition
provide?
A: Sec. 19 of Art. XII provides that: The State shall
regulate or prohibit monopolies when the public interest so
requires. No combinations in restraint of trade or unfair
competition shall be allowed.
Basically, these anti-trust laws or laws against monopolies or
combinations in restraint of trade are aimed at raising levels of
competition by improving the consumers' effectiveness as the
final arbiter in free markets. These laws are designed to
preserve free and unfettered competition as the rule of trade.
"It rests on the premise that the unrestrained interaction of
competitive forces will yield the best allocation of our economic
resources, the lowest prices and the highest quality ... ." they
operate to forestall concentration of economic power. The law
against monopolies and combinations in restraint of trade is
aimed at contracts and combinations that, by reason of the
inherent nature of the contemplated acts, prejudice the public
interest by unduly restraining competition or unduly
obstructing the course of trade.
The terms "monopoly", "combination in restraint of trade" and
"unfair competition" appear to have a well defined meaning in
other jurisdictions. A "monopoly" embraces any combination
the tendency of which is to prevent competition in the broad
and general sense, or to control prices to the detriment of the
public. In short, it is the concentration of business in the
hands of a few. The material consideration in determining its
existence is not that prices are raised and competition actually
excluded, but that power exists to raise prices or exclude
competition when desired. Further, it must be considered that
the Idea of monopoly is now understood to include a condition
produced by the mere act of individuals. Its dominant thought
is the notion of exclusiveness or unity, or the suppression of
competition by the qualification of interest or management, or
it may be thru agreement and concert of action. It is, in brief,
unified tactics with regard to prices. (Gokongwei vs. SEC, G.R.
No. L-45911, April 11, 1979)
XIV. SOCIAL JUSTICE AND HUMAN RIGHTS
Q: What is the concept of Social Justice?
A: Social justice is "neither communism, nor despotism, nor
atomism, nor anarchy," but the humanization of laws and the
equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at
least be approximated. Social justice means the promotion of
the welfare of all the people, the adoption by the Government
of measures calculated to insure economic stability of all the
competent elements of society, through the maintenance of a
proper economic and social equilibrium in the interrelations of
the members of the community, constitutionally, through the
adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of
salus populi est suprema lex. Social justice, therefore, must be
founded on the recognition of the necessity of interdependence
among divers and diverse units of a society and of the
protection that should be equally and evenly extended to all
groups as a combined force in our social and economic life,
consistent with the fundamental and paramount objective of
the state of promoting the health, comfort, and quiet of all
persons, and of bringing about "the greatest good to the
greatest number." (Calalang vs. Williams, G.R. No. 47800.
December 2, 1940)
The policy of social justice is not intended to countenance
wrongdoing simply because it is committed by the
underprivileged. At best it may mitigate the penalty but it
certainly will not condone the offense. Compassion for the poor
is an imperative of every humane society but only when the
recipient is not a rascal claiming an undeserved privilege.
Social justice cannot be permitted to be refuge of scoundrels
any more than can equity be an impediment to the punishment
of the guilty. Those who invoke social justice may do so only if
their hands are clean and their motives blameless and not
simply because they happen to be poor. This great policy of our
Constitution is not meant for the protection of those who have
proved they are not worthy of it, like the workers who have
tainted the cause of labor with the blemishes of their own
character. (PLDT vs. NLRC, G.R. No. 80609, August 23, 1988)
Q: What are the constitutional provisions on
Commission on Human Rights?
A:
Section 17, Art. XIII on the creation of the Commission on
Human Rights
1) There is hereby created an independent office called the
Commission on Human Rights.
2) The Commission shall be composed of a Chairman and
four Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members of
the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be
provided by law.
3) Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall continue
to exercise its present functions and powers.
4) The approved annual appropriations of the Commission
shall be automatically and regularly released.
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This institutional academic freedom includes the right of the

Section 18, Art. XIII. On the Powers school or college to decide for itself, its aims and objectives,
and Functions of the Commission on and how best to attain them free from outside coercion or
Human Rights interference save possibly when the overriding public welfare
1) Investigate, on its own or on complaint by any party, all calls for some restraint. The essential freedoms subsumed in
forms of human rights violations involving civil and the term "academic freedom" encompasses the freedom to
political rights; determine for itself on academic grounds:
2) Adopt its operational guidelines and rules of procedure, 1) Who may teach,
and cite for contempt for violations thereof in accordance 2) What may be taught,
with the Rules of Court; 3) How it shall be taught, and
3) Provide appropriate legal measures for the protection of 4) Who may be admitted to study. (Miriam College
human rights of all persons within the Philippines, as well Foundation, Inc. vs. CA)
as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the under-privileged
whose human rights have been violated or need
protection;
4) Exercise visitorial powers over jails, prisons, or detention
facilities;
5) Establish a continuing program of research, education,
and information to enhance respect for the primacy of
human rights;
6) Recommend to Congress effective measures to promote
human rights and to provide for compensation to victims
of violations of human rights, or their families;
7) Monitor the Philippine Government's compliance with
international treaty obligations on human rights;
8) Grant immunity from prosecution to any person whose
testimony or whose possession of documents or other
evidence is necessary or convenient to determine the truth
in any investigation conducted by it or under its authority;
9) Request the assistance of any department, bureau, office,
or agency in the performance of its functions;
10) Appoint its officers and employees in accordance with law;
and
11) Perform such other duties and functions as may be
provided by law.

Section 19, Art. XIII. The Congress may provide for other
cases of violations of human rights that should fall within the
authority of the Commission, taking into account its
recommendations.

XV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS,

CULTURE AND SPORTS

Q: What does the Constitutional provision on

academic freedom provide?
A: Sec. 5(2) of Art. XIV of the Constitution provides that
[a]cademic freedom shall be enjoyed in all institutions of
higher learning. This is nothing new. As pointed out by this
Court in Garcia v. Faculty Admission Committee, Loyola
School of Theology, it is a freedom granted to institutions of
higher learning which is thus given a wide sphere of authority
certainly extending to the choice of students. If such institution
of higher learning can decide who can and who cannot study in
it, it certainly can also determine on whom it can confer the
honor and distinction of being its graduates. (University of the
Philippines Board of Regents vs. CA, G.R. No. 134625. August
31, 1999)

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Q: What does Jus Cogens mean?

A: According to Article 38 (2) of the Statute of ICJ, it is
LASALLIAN COMMISSION ON the customary international law that refers to certain
fundamental, overriding principles of international law, from
BAR OPERATIONS which no derogation is ever permitted.4

Q: What is the Concept of Ex aequo et Bono?

PRE-WEEK Q&A A: It is a principle of international law used by international
tribunals in deciding disputes based on equitable
considerations. The International Court of Justice can only
POLITICAL LAW decide a case ex aequo et bono if the parties to the dispute
agree to its use.5
ACADEMICS COMMITTEE 2015-2016
Committee Head for Academics:
OLIVE GRACE MA. P. CACHAPERO Q: How does international law become domestic law?
Deputy Head: A: Under the 1987 Constitution, international law can become
ANA KATRINA O. CONSTANTINO part of the sphere of domestic law either by:
1) Transformation - The transformation method
Political Law Team requires that an international law be transformed into
Subject Chair for Political Law: a domestic law through a constitutional mechanism
JOHN CALDAN BRIONES such as local legislation.
2) Incorporation. The incorporation method applies
Subject Heads:
Local Government – EM ASIDDAO when, by mere constitutional declaration,
Public International Law - JOHN CARLO PAJO international law is deemed to have the force of
domestic law. (Pharmaceutical and Health Care
Member: OJO SAN JUAN Association vs. Health Secretary, G.R. No. 173034, 9
Contributors: KYLIE DADO October 2007)
ANA KATRINA O. CONSTANTINO
OLIVE GRACE MA. P. CACHAPERO Q: What are the sources of International Law?
A: The sources of international law are:
PUBLIC INTERNATIONAL LAW 1) Statute of the ICJ,
2) Treaties, and
Q: What is International Law? 3) International Customs.
A: International Law refers to rules which govern the
relationship between states. It is known as the law of nations. Q: What are the subjects of international law?
International Law concerns itself questions of rights between A: Subjects to international law are:
nations.1 1) States,
2) International Organizations, and
Q: What is Public International Law 3) Individuals.
A: Public International Law governs the relationships between
and among states and also their relations with international Q: What is a State?
organizations and individual persons.2 A: It is a community which consists of a territory and a
population subject to an organized political authority; it is
Q: What are the Concepts of International Law? characterized by sovereignty.6
A: The concepts are obligation:
a) erga omnes, Q: What are the qualifications of a State?
b) jus cogens, and A: A state must have a:
c) the concept of ex aequo et bono. a) territory,
b) population,
Q: What does Obligation Erga Omnes mean? c) government and
A: It’s the obligations of a state towards the international d) Sovereignty.
community as a whole, where all states have legal interest in
the protection of these obligations. (Barcelona Traction Case)3 Q: What are the modes of acquiring a territory?
A: It is by:

4 Article 53, Vienna Convention on the Law of Treaties.

1Bernas, Joaquin, S.J. (2009). Introdiction to Public International Law. Rex
Printing Company, Inc
2 Lotus Case, Series A, No. 10, PCIJ, 1927, p. 18
3 Barcelona Traction Case, ICJ Reports, 1970.
5 Article 38(2), Statute of the International Court of Justice
6Conference on Yugoslavia Arbitration Commission: Opinions on Questions
Arising From the Dissolution ofYugoslavia, Opinion No. 1 of November 29, 1991,
published on December 7, 1991, 31 ILM 1494, at 1495-96 (1992).

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1) occupying a territory not
subject to the sovereignty of
any other state,
2) cession,
3) prescription, and
4) Accession or accretion.
Q: What is a government?
A: An institution by which an independent society makes and
carries out those rules of action which are necessary to enable
men to live in a social state, or which are imposed upon the
people forming that society by those who possess the power or
authority of prescribing them.7
Q: What is Sovereignty?
A: It is the capacity of the state to enter into relations with
other states and to govern the population within their territory.
Q: What is a Population or People in a State?
A: A community of persons sufficient in number and capable of
maintaining the permanent existence of the community and
held together by a common bond of law.
Q: What are International Organizations?
A: These were set up by treaty among two or more states8; a
subject or an entity under international law.
Q: Who are Individuals under International Law?
A: They are non-state actors under international law. They are
considered as who have rights and duties under international
law.
Q: What is Diplomatic Law?
A: It is the totality of legal norms regulating the method of
appointing and recalling diplomatic representatives and of
fixing diplomatic ranks, functions, and legal status. It is the
section of international law dealing with diplomatic privileges
and immunities.9
Q: What is Consular Law?
A: The body of principles and norms (of domestic legislation as
well as of international law) regulating the activities of consuls.
It is the state defines the scope of the functions of its consular
representatives, taking into account the legislation of the host
country.10
Q: What are the elements of Diplomatic and Consular
Law?
A: The elements are:
1) Immunity of diplomatic staff,
2) the inviolability of the diplomatic mission and its
grounds, and
7 Bacani v. NACOCO, 100 Phil. 468, 471 (1956).
8 Bernas, p. 87.
9 The 1961 Vienna Convention on Diplomatic Relations
10 The Vienna Convention of 1963 on Consular Relations
3) the security of diplomatic correspondence and
diplomatic bags.
Q: What are the Sources of Diplomatic and Consular
Law?
A: The sources of diplomatic and consular laws are:
1) Customary law;
2) General legal principles;
3) Agreement;
4) Acts;
5) Analogy;
6) Comitas Gentium, International Comity, Courtesy,
Precedence, and Etiquette, Protocol (customary
source); and
7) Other Sources such as Doctrines and Jurisdiction
Q: What are the differences of a diplomatic officer and
a consular officer?
A: A diplomatic officer looks after the political interests of
their state and its nationals while, a consular officer looks after
the Commercial interests of their state.
Q: What are the classes of head of mission provided in
the Vienna Convention on the Diplomatic Relations?
A: The classes of heads of mission are:
a) ambassadors or nuncios accredited to Heads of State, and
other heads of mission of equivalent rank;
b) that of envoys, ministers and internuncios accredited to
Heads of State;
c) And that of chargés d’affaires accredited to Ministers for
Foreign Affairs.
Q: Who are the personnel of the Diplomatic
Representative?
A: These the people provided under international that are:
1) members of his/her family and others of his/her
household; and
2) Those directly in the service of the mission.
3) These are counselors, secretaries, attaches interpreters,
clerks etc.
Q: What are the privileges of a diplomat?
A: These are:
1) Inviolability;
2) Exemption of person from criminal and civil jurisdiction;
3) Immunity of residence from local jurisdiction;
4) Jurisdiction within his residence; and
5) The Precedence, ceremonial prerogatives, according to
rank.
Q: What is the main function of a consular officer?
A: Consuls are officials sent by the state to foreign ports and
cities mainly for the purpose of watching over and promoting
the commercial and industrial interests of the appointing state
and its citizens or subjects, and of protecting its nationals
travelling or residing in these regions.
Q: What are the classes of heads of consular posts?
A: Heads of consular posts are divided into four classes,
namely:
1) consuls-general;
2) consuls;
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3) vice-consuls; and
4) Consular agents.
Q: What is an Exequatur?
A: An Exequatur document in an applied to the written official
recognition issued by the local state authorizing a foreign
consul to perform therein his functions as such.
Q: What is a treaty?
A: It is an international agreement concluded between states in
written form and governed by international law, whether
embodied in a single instrument or in two or more related
instrument.11
“[T]reaty” means an international agreement concluded
between States in written form and governed by international
law, whether embodied in a single instrument or in two or
more related instruments and whatever its particular
designation. (Art. 2(a), Vienna Convention)
Q: What are the Types of Treaties?
A: The types of treaties are bilateral and multilateral treaties.
Q: Define Negotiations.
A: It is a process where provisions of provisions of a proposed
treaty are discuss by the representatives of the contracting
states possessing full powers provided by its Head of State or
Government.
Q: What does Section 3 of E.O. 459 provide?
A: That authorization must be secured by the lead agency from
the President through the Secretary of Foreign Affairs; and the
request for authorization must be in writing, proposing the
composition of the Philippine delegation and recommending
the range of positions to be taken by that delegation.
Q: What is meant by full powers as used in the Vienna
Convention?
A: “Full powers” means a document emanating from the
competent authority of a State designating a person or persons
to represent the State for negotiating, adopting or
authenticating the text of a treaty, for expressing the consent of
the State to be bound by a treaty, or for accomplishing any
other act with respect to a treaty. (Art. 2(c), Vienna
Convention)
Q: Under the Vienna Convention on the Law of
Treaties?
A: It serves as authentication of the document; it makes the
text authoritative and definitive.
Q: How does a state become bound to a treaty?
A: A state is bound to a treat when it gives it consent. Consent
may be expressed by: signature; exchange of instruments
constituting a treaty; ratification; acceptance; approval or
accession; or any other means if so agreed.
Q: What does reservation mean?
11 Article 2, Vienna Convention on the Law of Treaties (VCLOT), 1969
A: Reservation means a unilateral statement, however
phrased or named, made by a State, when signing, ratifying,
accepting, approving or acceding to a treaty, whereby it
purports to exclude or to modify the legal effect of certain
provisions of the treaty in their application to that State. (Art.
2(d), Vienna Convention)
Q: What are the exceptions of invoking reservation in
treaties?
A: Reservation is not allowed:
1) When the treaty prohibits it; only specified
reservations may be made; or
2) Reservation is incompatible with the object and
purpose of the treaty. (Article 19 Vienna Convention
on the Law of Treaties, 1969)
Q: What are the grounds for a treaty to become
invalid?
A: The grounds provided in International Law are:
1) Error;
2) Fraud;
3) Corruption of a representative of a state;
4) Coercion of a state by the threat or use of force;
5) Violation of a peremptory norm of international law;
and
6) Violation of internal law of a state.
Q: What is an amendment of a treaty?
A: It is a formal revision done with the participation, at least in
its initial stage by all the parties to a treaty.
Q: What is a modification of a treaty?
A: It involves only some portions or parts of the treaty.
Q: How do the parties amend or modify a treaty?
A: The consent of all parties is required. Except when it is
allowed by the treaty itself, two states may modify a provision
only insofar as they are concerned.
Q: Distinguish a treaty from an executive agreement.
A: While both are international agreements, a treaty involves
political issues or changes of national policy and those
involving international agreements of a political character,
while an executive agreement involves adjustments of detail
carrying out well-established national policies and traditions
and those involving arrangements of a more or less temporary
nature.
Q: What are the grounds for termination of treaties?
A:
1) Desistance of parties by mutual consent;
2) Expiration of term;
3) Accomplishment of purpose;
4) Material breach;
5) Supervening impossibility of performance;
6) Loss of subject matter;
7) Novation;
8) Rebus sic stantibus;
9) Fundamental change of circumstance;
10) Outbreak of war; or
11) Violation of jus cogens
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Q: What is the Vienna Convention
on the Law of Treaties?
A: The Vienna Convention of the Law of Treaties provides for
the definitions, purposes and actions of states to formulate a
treaty. It only covers agreements between States which are in
writing and which are governed by international law.
Q: What is the Doctrine of State Responsibility?
A: This doctrine posits that a state is responsible for every
internationally wrongful act committed by it and is liable for
the acts of its officials only when the act is attributable to the
state.12
Q: What are the Principles of Jurisdiction of States?
A: The principles are the:
1) Territoriality Principle,
2) Nationality Principle and Statelessness,
3) Protective Principle,
4) Universality Principle, and
5) Passive Personality Principle.
Q: What is the Territoriality Principle?
A: The fundamental source of jurisdiction is sovereignty over
territory. A state has absolute, but not necessarily exclusive,
power to prescribe, adjudicate and enforce rules for conduct
that occurs within its territory
Q: What is the Nationality Principle and
Statelessness?
A: The nationality principle says that every state has
jurisdiction over its nationals even when those nationals are
outside the state. Stateless persons are those who do not have a
nationality. They are either de jure or de facto stateless. De jure
stateless persons are those who have lost their nationality, if
they had one, and have not acquired a new one. De facto
stateless persons are those who have a nationality but to whom
protection is denied by their state when out of the state.13
Q: What is the Protective Principle?
A: This principle says that a state may exercise jurisdiction
over conduct outside its territory that threatens its security, as
long as that conduct is generally recognized as criminal by
states in the international community.
Q: What is the Universality Principle?
A: The universality principle recognizes that certain activities,
universally dangerous to states and their subjects, require
authority in all community members to punish such acts
wherever they may occur, even absent a link between the state
and the parties or the acts in question.
Q: What is Passive Personality Principle?
A: The passive personality principle asserts that a state may
apply law — particularly criminal law — to an act committed
outside its territory by a person not its national where the
12 Shaw, 2003
13 Mejoff v. Director of Prisons, 90 Phil. 70 (1951)
victim of the act was its national. The principle has not been
ordinarily accepted for ordinary torts or crimes, but it is
increasingly accepted as applied to terrorist and other
organized attacks on a state’s nationals by reason of their
nationality, or to assassination of a state’s diplomatic
representatives or other officials.
Q: What (is) the Conflicts of Jurisdiction?
A: Since there are various accepted principles for assuming
jurisdiction, more than one state may have a valid claim to
jurisdiction. U.S. courts have attempted to develop more
sophisticated modes of resolving conflict of jurisdiction. These
tests are: the
1) Balancing Test,
2) International Comity, and
3) Forum Non Conveniens
Q: How does the State treat aliens?
A: States are not obliged to admit aliens to their territory, but if
they permit aliens to come, they must treat them in a civilized
manner.
Standards of protection for aliens
1) Doctrine of National Treatment - aliens are treated in the
same manner as nationals of the state where they reside;
2) Minimum International Standard - aliens should be
protected by certain minimum standards of human
protection.
Q: What are the Methods for the State avoid liability?
A: These are:
1) Calvo Clause is where a stipulation by which an alien
waives his right to appeal to his own state in connection
with any claim arising from the contract and agrees to
limit himself to the remedies available under the laws of
the local states.
2) Deportation is where the alien is removed from the host
state.
3) Exclusion is where the alien is denied of entry to the host
state.
4) Extradition is where the surrender of an individual
accused or convicted of a crime by a State within whose
territory he is found and his delivery to the State where he
allegedly committed crime or was convicted of a crime
Q: What is an Extradition?
A: It is the removal of an accused from the Philippines with the
object of placing him at the disposal of foreign authorities to
enable the requesting state or government to hold him in
connection with any criminal investigation directed against
him or the execution of a penalty imposed on him under the
penal or criminal law of the requesting state or government.
(Sec. 2 of Philippine Extradition Law)
Q: What is the Principle of Specialty?
A: It provides that the fugitive may be tried only for the crime
specified in the request from extradition, and only when the
crime is included in the list of offenses in the treaty.
Q: What is the Basis of Extradition?
A: Extradition is based on the consent of the state of asylum as
expressed in a treaty or manifested as an act of goodwill.
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Q: What is the Rule of Double A: ICCPR was adopted and opened for signature, ratification
Criminality? and accession by the U.N. General Assembly Resolution 2200
A: It is the act for which the extradition is sought must be of December 16, 1966. It entered into force on March 23, 1976
punishable in both the requesting and requested states. It provides the basic civil and political rights of persons and
citizens of a state bound by such treaty.
Q: What is the Attentat Clause?
A: The murder of the head of state or any member of his family Q: What are the Optional Protocols to International
is not to be regarded as a political offense for purposes of Covenant on Civil and Political Rights?
extradition. In the absence of special agreement, the offense A:
must have been committed within the territory or against the 1) First Optional Protocol - It was entered into force on
interests of the demanding state. March 23, 1976. It is designed to enable private parties
who are victims of human rights violations.
Q: Differentiate Extradition from Deportation. 2) Second Optional Protocol - It was entered by General
A: Assembly Resolution 44/128 on December 15, 1989. It is
Extradition Deportation adopted to abolish the death penalty.
 Surrender of a fugitive by  Expulsion of an alien
one state to another considered undesirable Q: What are the Substantive Rights under
where he is wanted for by local state, usually but International Covenant on Economic, Social and
prosecution or, if already not necessarily to his own Cultural Rights?
convicted, for state. A:
punishment.  It is a unilateral act of the 1) Right to work
 Surrender is made at local state and is made in 2) Right to favorable conditions of work
the request of the latter its own interests. 3) Right to form free trade unions
state on the basis of  Undesirable alien may be 4) Right to social security and insurance
extradition treaty. sent to any state willing to 5) Right to adequate standard of living
 Alien will be surrendered accept him. 6) Right to special assistance for families
to the state asking for his 7) Right to the highest standard of physical and mental
extradition. health
8) Right to education including compulsory primary
education
9) Right to the enjoyment of cultural and scientific benefits
Q: What is the International Human Rights Law? and international contacts
A: International Human Rights Law is a body of rules under
international law designated to protect and promote human Q: What is International Humanitarian Law?
rights at the regional and international level. A: International Humanitarian Law provides for instances
when the use of armed force is justifiable (jus ad bellum) and it
Q: What are the 3 Generations of Human Rights? regulates the conduct of armed conflict (jus in bello).14
A: These are:
1) Civil and Political Rights or Fundamental Rights; Q: What are the categories of armed conflict?
2) Economic, Social and Cultural Rights; A: These are:
3) Third Generation – 1) International armed conflict,
a. Right to peace 2) Internal or non-international conflict, and the
b. Right to a clean environment 3) War of national liberation.
c. Right to self-determination
d. Right to the common heritage of mankind Q: What is an International armed conflict?
e. Right to development A: A state of war between two or more states, even if one does
f. Minority rights not recognize it. It may take the form of a direct conflict
between States or of intervention.15

Q: What is the Universal Declaration of Human Q: What is an Internal or Non-International armed

Rights? conflict?
A: It was adopted by the U.N. General Assembly, composing of A: It is an armed conflict not of an international character
48 countries, on December 10, 1948. The UDHR is considered occurring in the territory of one of the High Contracting
as a ―common standard of achievement for all peoples and all Parties.16
nations.‖ While not a binding treaty itself, this document was
adopted for the purpose of defining the meaning of the human
rights and fundamental freedoms which can be found in the 14 Bernas, p. 307.
United Nations (UN) Charter, a treaty which is binding to all
member states. 15 Article 2 of the Geneva Conventions

Q: What is the International Covenant on Civil and 16 Article 3 of the Geneva Conventions
Political Rights (ICCPR)?
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Q: What is War of National
liberation?
A: Armed conflicts in which peoples are fighting against
colonial domination and alien occupation and against racist
regimes in the exercise of their right of self-determination.17
Q: Who/ what is a Civilian under International Law?
A: Any person not a combatant; in case of doubt whether a
person is a civilian, that person shall be considered to be a
civilian.18
Q: What comprises of a civilian population?
A: It comprises all persons who are civilian. The presence
within the civilian population of individuals who do not come
within the definition of civilians does not deprive the
population of its civilian character.19
Q: What is hors de combat?
A: A person is hors de combat if:
1) He is in the power of an adverse party;
2) He clearly expresses an intention to surrender; or
3) He has been rendered unconscious or is otherwise
incapacitated by wounds or sickness, and therefore is
incapable of defending himself.20
Q: What are the Fundamental Principles of hors de
combat?
A:
1) Civilians and persons hors de combat must be treated
humanely;
2) Adverse distinction in the application of international
humanitarian law is prohibited;
3) Murder is prohibited;
4) Torture, cruel or inhuman treatment and outrages upon
personal dignity, in particular humiliating and degrading
treatment, are prohibited;
5) Corporal punishment is prohibited.
6) Mutilation, medical or scientific experiments are
prohibited.
7) Rape and other forms of sexual violence are prohibited.
8) Slavery and the slave trade in all their forms are
prohibited.
9) Uncompensated or abusive forced labour is prohibited.
10) The taking of hostages is prohibited.
11) The use of human shields is prohibited,
12) Enforced disappearance is prohibited.
13) Arbitrary deprivation of liberty is prohibited.
14) No one may be convicted or sentence, except pursuant to a
fair trial affording all essential judicial guarantees.
Q: What are the Principles of International
Humanitarian Law?
17 Article 1(4), Additional Protocol I to the Geneva Conventions
18 Article 50(1) of Additional Protocol I to the Geneva Conventions
19 19 Article 50(2) and (3) of Additional Protocol I of the Geneva Conventions
20 Protocol I of the Geneva Conventions
A: The principles wherein the parties to the conflict must at all
times distinguish between civilians and combatants. Attacks
may only be directed against combatants. Attacks must not be
directed against civilians. There must be a distinction between
civilian objects and military objectives. No attacks may be
directed against civilian objects. Indiscriminate attacks are
prohibited. There must be proportionality in attack. In the
conduct of military operations, constant care must be taken to
spare the civilian population. There must be precautions
against the effects of attacks. Medical personnel exclusively
assigned to medical duties must be respected and protected in
all circumstances. Religious personnel exclusively assigned to
religious duties must be respected and protected in all
circumstances. Cultural property must be respected. There
must be no superfluous or unnecessary suffering in the use of
means and methods of warfare. The use of poison or poisoned
weapons is prohibited. The use of biological weapons is
prohibited.
Q: What is the Treatment of civilians?
A: The treatment of civilians is provided under the
International Humanitarian Law. ―IHL provides that civilians
under the power of enemy forces must be treated humanely in
all circumstances, without any adverse distinction. They must
be protected against all forms of violence and degrading
treatment, including murder and torture. Moreover, in case of
prosecution, they are entitled to a fair trial affording all
essential judicial guarantees.‖21
Q: What are prisoners of war?
A: Prisoners of war are persons enumerated under Article 4 of
the Third Geneva Convention, who have fallen into the power
of the enemy.22
Q: How prisoners of war should be treated?
A: Prisoners of war must at all times be humanely treated.
Prisoners of war must at all times be protected, particularly
against acts of violence or intimidation and against insults and
public curiosity. Prisoners of war are entitled in all
circumstances to respect for their persons and their honour.
Women shall be treated with all the regard due to their sex and
shall in all cases benefit by treatment favorable as that granted
to men. Prisoners of war shall retain full civil capacity which
they enjoyed at the time of their capture.23
Q: What is Neutrality?
A: It is a condition where a state does not take part, directly or
indirectly, in a war between other states. Neutrality exists
during the time of war. Only states may become neutral.
Q: What is Neutralization?
21International Committee of the Red Cross, Civilians protected under
international humanitarian law accessed on August 30, 2015, available at
https://www.icrc.org/eng/war-and-law/protected-persons/civilians/overview-
civilians-protected.htm
22 Article 4 3rd Geneva Convention
23 Id.
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A: It is a result of a treaty wherein the
duration and the other conditions of
the neutralization are agreed upon by the neutralized state and
other powers. Neutralization operates both in times of peace
and in times of war.24
Q: What Are The Rights And Duties Of Neutral States?
A: A neutral state has the right and duty to:
1) Abstain from taking part in the hostilities and from giving
assistance o either belligerent;
2) Prevent its territory and other resources from being used
in the conduct of hostilities by the belligerents;
3) Acquiesce in certain restrictions and limitations that the
belligerents may find necessary to impose, especially in
connection with international commerce25
Q: What are the Rights and Duties of Belligerent
States?
A: The belligerents are bound to:
a) Respect the status of the neutral state;
b) Submit to any lawful measures it makes take to
maintain or protect its neutrality.26
Q: What are Neutral Territories?
A: These are territories of states who declared the state of
Neutrality amongst warring states.
A: When the goods are reloaded at the intermediate port on
the same vessel.31
Q: What is the Doctrine of Continuous Transport?
A: When the goods are reloaded on another vessel or other
form of transportation.
Q: What is a Blockade?
A: It is a hostile operation by means of which the vessel and
aircraft of one belligerent prevent all other vessel’s including
those of neutral states, from entering or leaving the ports or
coats of the other belligerent, the purpose being to shit off the
place from international commerce and communication with
other states.32
Q: What is an Unneutral Service?
A: It consists of acts, of a more hostile character than carriage
of contraband or breach of blockade, which are undertaken by
merchant vessels of a neutral state in aid of any of the
belligerents.33
Q: What is an Angary?
A: By the Right of Angary, a belligerent may, upon payment
of just compensation, seize, use or destroy, in case of urgent
necessity for purposes of offenses or defense, neutral property
found in its territory, in enemy territory, or on the high seas.34

Q: What is Contraband? Q: When is neutrality terminated?

A: It is a term applied to goods which, although neutral A: Neutrality is terminated when:
property, may be seized by a belligerent because they are useful a) the neutral state itself joins the war; or
for war and are bound for a hostile destination. 27 b) upon the conclusion of peace.

Q: What is the Doctrine of Ultimate Consumption? Q: What is a baseline?

A: This is when the goods intended for civilian use which may
be ultimately finding their way to and be consumed by the
belligerent forces are also liable to seizure on the way.28
Q: What is the Doctrine of Infection?
A: Contrabands shipped together with innocent goods
belonging to the same owner may be confiscated.29
Q: What is the Doctrine of Ultimate Destination?
A: The Liability of contraband to capture is determined not by
their ostensible but by their real destination.30
Q: What is the Doctrine of Continuous Voyage?
A: The baseline is the all-water line along the coast as marked
on large scale charts officially recognized by the coastal State. It
is a line from which the width of the territorial sea is
measured.35
Q: What are the two ways of drawing the baseline?
A: These are the:
1) Normal baseline - This line follows the curvatures of
the coast and therefore would normally not consist of
straight lines. 36
2) Straight baseline - This line is drawn connecting
selected points on the coast without appreciable
departure from the general shape of the coast.37

24 Cruz, p. 243. 31 Cruz, p. 252.

25Hague Convention (V) Respecting the Rights and Duties of Neutral Powers and 32 Cruz, p. 252.
Persons in Case of War on Land
33 Cruz, p. 253
26 Id.
34 Cruz, p. 254.
27 Cruz, p. 249.
35 Bernas, p. 120.
28 Cruz, p. 250.
36 Bernas, p. 120.
29 Cruz, p. 250.

30 Cruz, p. 251.

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Under R.A. 3046 and R.A.
5446, straight baselines are
drawn around the Philippines.
Q: What is an archipelagic state?
A: An archipelagic State is a State constituted wholly by one or
more archipelagos and may include other islands.38
Q: What is the straight archipelagic baseline?
A: An archipelagic state may draw straight archipelagic
baselines joining the outermost points of the outermost islands
and drying reeds of the archipelago provided that within such
baselines are included the main islands and an area in which
the ratio of the area of the water to the area of the land,
including atolls, is between 1 to 1 and 9 to 1. 39
Q: What is archipelagic water?
A: Waters enclosed by the archipelagic baselines drawn in
accordance with Article 47 of UNCLOS, regardless of their
depth or distance from the coast. 40
Q: What is an archipelagic sea lanes passage?
A: It is the exercise of the rights of navigation and over flight in
the normal mode solely for the purpose of continuous,
expeditious and unobstructed transit between one part of the
high seas or an exclusive economic zone and another part of
the high seas or an exclusive economic zone. 41
Q: What are internal waters?
A: All waters landwards from the baseline of the territory.
Sovereignty over internal waters is the same as sovereignty
over land, and internal waters are not subject to the right of
innocent passage. 42 When straight baseline is established,
enclosing areas as internal waters which neither were nor
previously considered as part of internal waters, a right of
innocent passage shall exist in those areas or waters. 43
Q: What is Territorial sea?
A: It is a belt of sea outwards from the baseline and up to 12
nautical miles beyond. Sovereignty of a coastal state extends to
the air space over the territorial sea as well as to its bed and
subsoil, but sovereignty over the territorial sea is exercised
subject to UNCLOS and other rules of international law. 44
When the application of the 12-mile rule to neighboring littoral
states results in overlapping, a median line equidistant from
38 Article 46, United Nations Convention on the Law of the Sea (UNCLOS).
39 Article 47, UNCLOS.
40 Article 49(1), UNCLOS
41 Article 53(2), UNCLOS.
42 Bernas, p. 124.
43 Article 8(2), UNCLOS.
44 Article 2, UNCLOS.
the opposite baselines will be applied instead. However, the
median-line rule does not apply where historic title or other
special circumstance requires a different rule of delimitation of
territorial seas. 45
Q: What is an Exclusive Economic Zone?
A: It is an area extending not more than 200 nautical miles
beyond the baseline. The coastal state has rights over the
economic resources of the sea, seabed and subsoil, but the right
does not affect the right of navigation and over flight of other
states. 46
Q: What is a Continental Shelf?
A: Continental shelf, archipelagic shelf or insular shelf for
archipelagos, refers to the seabed and subsoil of the submarine
areas adjacent to the coastal state but outside the territorial
sea, to a depth of 200 meters, or, beyond the limit, to where the
depth allows exploitation, and the seabed and subsoil of areas
adjacent to islands. 47
Q: What is an extended continental shelf?
A: Under the United Nations Convention on the Law of the
Sea, (UNCLOS) the continental shelf is that part of the seabed
over which a coastal State exercises sovereign rights with
regard to the exploration and exploitation of natural resources
including oil and gas deposits as well as other minerals and
biological resources of the seabed. The legal continental shelf
extends out to a distance of 200 nautical miles from its coast,
or further if the shelf naturally extends beyond that limit.
Where the continental shelf extends beyond 200 nautical miles
a State is required by UNCLOS (Article 76) to make a
submission to the Commission on the Limits of the Continental
Shelf (CLCS). This submission sets out the coordinates of the
outer limits of the shelf and is accompanied by technical and
scientific data to support the claim. The Commission assesses
the limits and data submitted by the coastal State and makes
recommendations. The outer limits of the continental shelf
established by a coastal State based on these recommendations
are final and binding.
Q: What is the International Tribunal for the Law of
the Sea (ITLOS)?
A: It is an international intergovernmental organization as a
result of the 3rd UN Conference on the Law of the Sea. The
Tribunal has jurisdiction over all disputes and all applications
submitted to it in accordance with the UNCLOS and all matters
specifically provided for in any other agreement which confers
jurisdiction on the Tribunal.
Q: What is the the Madrid Protocol and the Paris
Convention for the Protection of Industrial Property?
A: It is the system of international registration of marks is
governed by two treaties, the Madrid Agreement Concerning
the International Registration of Marks, which dates from
1891, and the Protocol Relating to the Madrid Agreement,
45 Article 15, UNCLOS.
46 Bernas, p. 128.
47 Bernas, p. 128.
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which was adopted in 1989, entered

into force on December 1, 1995, and
came into operation on April 1, 1996.

Q: What international law governs the protection of

the environment?
A: It is the 1972 in the UN Conference on the Human
Environment which was signed by 113 states.

Q: What is the Principle of the Stockholm

Declaration?
A: The principle which allows States to have, in accordance
with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own
resources pursuant to their own environmental policies, and
the responsibility to ensure that activities within their
jurisdiction or control do not cause damage to the environment
of other States or of areas beyond the limits of national
jurisdiction. 48

Q: What is International Economic Law?

A: International Economic Law, broadly conceived, is a field
of international law that encompasses both the conduct of
sovereign states in international economic relations, and the
conduct of private parties involved in cross-border economic
and business transactions. This includes, among other things,
international trade law, law of international financial
institutions (or what is known as international financial law,
and traditional private international law fields. Additionally,
international economic law includes the following fields:
Regional Economic Integration, such as the European Union,
ASEAN and other regional trade organizations; International
law and development; International commercial arbitration;
International intellectual property law; International business
regulation. 49

48 Bernas, p. 323

49Legal Information Institute, International economic law, Cornell University

Law School, accessed on June 13, 2015, available at
https://www.law.cornell.edu/wex/international_economic_law