CONSTI 1

JUDICIAL POWER: (SEC.1 ART.8 PAR. 2):

-includes the duty of courts (remains faithful to the constitution) of justice to settle actual controversies
involving rights which are legally enforceable and demandable and (2:expanded power/extraordinary
power of the court) to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

POLITICAL QUESTION DOCTRINE

-(question of policy)

-sprung from the separation of powers

-TANADA VS. CUENCO: (1) questions which are to be decided by people in their sovereign capacity or
(2) those in regard to which full discretionary authority has been delegated by the constitution to the
executive or legislative branch of the govt.

Ex: Should we legalize prostitution? Should we recognize this new state? Etc., Should we allow same sex
marriage?

JUSTICIABLE QUESTIONS:

Ex: Is this act of the president in conformity with the law? Is this law enacted by the congress conform
with the constitution?

*RECALL (local gov’t): a mode of removing a local official from his post before the end of his term due to
loss of confidence (only ground for recall).

*Sec. 8 Art. 10 (take note)

Cory Government (EDSA 1) – Extra- constitutional. Any government that is a product of a successful
revolution in defiance of the then 1973 constitution is not subject to judicial review because it goes
beyond the constitutional law. Exercise of people power to overthrow the govt. posted political
questions.

Gloria Government (EDSA 2)- Not a revolutionary in character. product of the exercise of freedom of
speech and assembly to petition the govt. to address the issue of office. Subject to judicial review,
posted legal/justiciable questions. Invocation of political question is a “foray in the dark.”

THREE POWERS OF THE PRESIDENT: (1) “Calling out power as commander-in-chief of Armed Forces”
(poses a political question because it gives full discretion to the President to call-out Armed forces to
prevent lawless violence, invasion or rebellion. Hence, should not be subject to judicial review
otherwise, it will tie the hands of the president. EXCEPT, if it can be shown that the President gravely
abused his discretion to exercise his powers), (2) “Martial law powers (exercise: when there is invasion
or rebellion when the public safety requires it)”, (3) “Power to suspend privilege of the writ of habeas
corpus”, (Sec.18, Art. 7). Are the last two powers subject to Judicial Review? YES. (Sec. 18, Art. 7, par.3:
SC may review sufficiency of declaration of martial law and suspension of privilege of writ and the
extension thereof.)

EMERGENCY POWERS: Sec. 23, Art. 6: Delegated by the congress to the President. The Congress should
enact a law to authorize the President to exercise this power. The President may not validly exercise
emergency powers motu proprio.
Among the three extraordinary powers, the calling out power is the most benign and involves ordinary
police action.[114] The President may resort to this extraordinary power whenever it becomes necessary to
prevent or suppress lawless violence, invasion, or rebellion. “[T]he power to call is fully discretionary to
the President;”[115] the only limitations being that he acts within permissible constitutional boundaries or
in a manner not constituting grave abuse of discretion.[116] In fact, “the actual use to which the President
puts the armed forces is x x x not subject to judicial review.”[117]
The extraordinary powers of suspending the privilege of the writ of habeas corpus and/or declaring
martial law may be exercised only when there is actual invasion or rebellion, and public safety requires it.
The 1987 Constitution imposed the following limits in the exercise of these powers: “(1) a time limit of
sixty days; (2) review and possible revocation by Congress; [and] (3) review and possible nullification by
the Supreme Court.”

REQUISITES OF JUDICIAL REVIEW:

1. There must be an actual case or controversy

2. Raised by the proper party/ locus standi
3. Constitutional Question must be raised at the earliest time
4. The resolution must constitute the very least mota or the very issue of the controversy

EXEMPTIONS TO MOOT AND ACADEMIC PRINCIPLE:

1. Grave violation of constitution

2. Paramount public interest is involved
3. Issue posts controlling principle to guide the bench, bar and public
4. Capable of repition yet evading review

Art. 8, Sec.5. par.5: Rule making power of SC:

- Constitutional rights
- Pleadings
- Practice of law
- IBP
- Legal assistance to the underprivileged

Art. 17: Amendments (change in the constitution) or Revisions (overhaul of the constitution)

Quantitative Test- how many changes

Qualitative Test- what kind of changes

AMENDMENT AND REVISION

1ST STAGE: Proposal: by congress voting ¾ of all members: Constituent Assembly, by Constitutional
Convention (congress voting 2/3 of all its members)/ by submitting (congress majority vote) to the
people through a plebiscite, by people’s initiative through a petition signed by at least 12% of the reg.
voters provided that at least 3% of the reg. voters per district shall sign the petition.

2nd STAGE: Ratification through plebiscite (submitted and to be ratified by majority of the people)

ENVIRONMENTAL LAW

Oposa vs. Factoran: Concept of intergenerational responsibility, which is a class suit. In this case, the
minors invoked their right to a balance and healthful ecology in an ordinary rhythm and harmony in
nature. (art. 2, sec. 16)

THE STATE MAY NOT BE SUED WITHOUT ITS CONSENT. Except if the state give its consent or the
immunity from suit is waived. ONLY CONGRESS may waive through enactment of law.

*Applies to foreign govt: par in parem non habet imperium: All states are sovereign equals. An equal
may not assume jurisdiction over another equal, otherwise you will unduly vex the peace of all nations.

Express waiver: Through general law (eg.Act 3083) or special law waiving state immunity from suit.

Money claims to gov.t- filed with COA, if denied by COA, file a Pet.for Certiorari with the SC.

Implied waiver:

1. Gov’t filed a case against you. Gov’t opens itself for counter-claim.
2. Gov’t enters into a contract with a private party but depends if the contract is entered into:
acta juri imperii (no waiver)/ acta juri gestonis (has waiver: commercial contract)

MUN. of Makati VS. IAC: It is true that the duty to appropriate is discretionary and cannot be compelled
by mandamus. However, the case has already reached it finality, therefore it is the duty of the
government to obey and follow the decision of the court, thus becoming ministerial on their part, and
therefore can be compelled by mandamus.

ACADEMIC FREEDOM: Who may teach, what may be taught, how it shall be taught, Who may be
admitted to study.

*In one case where the doctorate graduated through plagiarism, the court upheld the revocation of the
honors by the School even after graduation for her attainment of such was tainted with fraud.

ARTICLE 4: CITIZENSHIP

*reasonable time to elect Filipino citizenship upon reaching the age of majority is within THREE years
only! (sec.those who are born on or before jan.17, 1973 whose mothers are Filipino citizens…)

FERNANDO POE CASE: An illegitimate will always follow the citizenship of the mother.

Mercardo vs. Manzano case: Sec. 40 of Local Gov. Code: “Dual Citizenship must be understood as Dual
Allegiance. Hence, Manzano can still run.”
RA 9225:

NATURALIZATION of an Alien:

1. Administrative Naturalization Pursuant to Rep. Act 9139: Only native-born aliens who live here
in the Phils. all their lives, who have demonstrated love and affinity to the customs of the
Filipino people.
2. Judicial Naturalization pursuant to CA 473 as amended
3. Legislative naturalization of aliens through a law enacted by congress

STRUCTURE OF GOVERNMENT:

*Principle of Separation of Powers

*Principle of Non-delegation of power: What has been delegated may no longer be delegated, EXCEPT
(PETAL): (1) delegation to the PEOPLE through PLEBISCITE and referendum

(2) delegation of EMERGENCY power to the President (there must be a law enacted by Congress to
exercise this power) Requisites of Valid Delegation: (1) There must war or other national emergency. (2)
Delegation must be for a limited period only. (3) It is always subject to restriction as congress may
prescribe (4) pursuant to a declared national policy

(3) delegation of TARIFF power to the President

(4) delegation to ADMINISTRATIVE Agencies (delegation of quasi-legislative power)

(5) delegation to LOCAL Govts. (can’t have inherent powers because they are mere creation of congress,
EXCEPT: Sec. 5, Art. 10: Power of Local Govt to create revenues and to levy taxes, fees, charges subject
to the guidelines and limitations as the congress may be provide consistent with the policy of local
autonomy.

*If a local gov’t want to exercise the power of eminent domain, it must be through an ordinance (law,
general and permanent in nature, third reading is required for the enactment) mere resolution
(expression of sentiment/opinion of law making body on a specific matter, temporary in nature, unless
otherwise decided by majority of the members of sangunian) will not suffice.

*General welfare clause (Police power delegated to Local Govt)

TEST OF VALID DELEGATION OF POWER:

1. Completeness Test- must be complete in all its essential terms and conditions when it leaves
congress, so that there’s nothing more for the delegate to do but to implement it.
2. Sufficient Standards Test- for as long as there are standards that will limit the authority of the
delegate or guide the authority of the delegate, which standards must be
determinate/determinable.
ARTICLE VI: LEGISLATIVE DEPARTMENT

*Legislative power is not vested in congress alone because the people can directly enact laws through
initiative and referendum.

*Congressional oversight powers and functions: (SIS)

1. Legislative scrutiny- whenever Congress conduct inquiries in aid of legislation/ budget hearings/
Hearings for confirmation of appointees of the President

2. Legislative Investigation- Question Hour/ inquiry in aid of legislation

3. Legislative Supervision- power to approve and disapprove what admin bodies may have done in trying
to implement the law passed by Congress.

*If the appointment is disapproved by the Commission of Appointments, the President may no longer
re-appoint because the judgement of Com. Of Appointments is a judgment on the merits of the
qualifications of the candidate for appointment.

Inquiry in aid of legislation vs. Question Hour

*Legislative Veto: when the congress disapproves the policy made by an Admin agency.

Immunities and Privileges: (Sec. 11, Art. 6)

Privilege from Arrest (crimes punishable by not more than 6 years, when congress is in session)

Freedom of Speech and Debate

GUIDELINES FOR SCREENING PARTY LIST PARTICIPANT:

1. Must represent the marginalized and under-represented group in the party-list law

RIGHT TO BAIL: Before conviction, crime not punishable by reclusion perpetua or death even when the
evidence of guilt is strong

DISCRETIONARY BAIL: After conviction (pending appeal), crime punishable not less than 6 years but not
more than 20 years, EXCEPT: flight risk, reiteracion, recidivist, quasi-recidivist, habitual delinquent,
violated conditions of pardon)

*Equity of the incumbent rule: when there are two candidates with the same first/surname, and the one
written in the ballot is only the first or surname, vote shall be counted in favor of the incumbent. But if
none of them is an incumbent, the vote shall be considered as stray vote.

PRIVILEGE COMMUNICATION

TWO TYPES:

ABSOLUTELY P.C: Not actionable even when the author acted in bad faith ex: freedom of Speech and
Debate in Congress
QUALIFIEDLY P.C: Not actionable unless it can be shown that it was made with no good motive or total
bad faith. Ex: Art. 354 of RPC

BODIES ATTACHED TO CONGRESS:

1. Commission on Appointment: Congress check on the appointing power of the President

following the check and balance principle.
2. HRET
3. SET

BILLS THAT ARE REQUIRED TO ORIGINATE IN THE HOUSE OF REP, [Senate may propose or concur with
amendments] (APRIL)

1. Appropriations bill
2. Private bill
3. Revenue or Tariff bill
4. Bills authorizing increase in public debt
5. Bill of Local application

*An enrolled bill prevails over a journal except only as to matters (1. Yeas and nays on the third reading,
2. President’s objections to the bill which she has vetoed, 3. Yeas and nays on any question upon
request of 1/5 of those present, 4. Yeas and Nays upon re-passing of bill which the President has vetoed)
where the constitution provides that it should be entered in the journal, therefore conclusive upon the
courts.

EXECUTIVE POWER

*Doctrine of Qualified political agency/ Alter-Ego Doctrine: Members of the Cabinets, Heads of Exec.
Dept. are deemed to be alter ego of the President. Hence, their acts and decisions in the regular course
of business are deemed to be the acts of the President unless reprobated or disapproved by the
President.

QUALIFICATIONS: Common: National born citizen, registered voter, able to read and write

President: 40 y.o on the day of the election, 10 yrs. residency in Phils. before the election
VP: 40 yo on the day of the election, 10 yrs. residency in Phils. before the election
Senator: 35 yo. On the day of the election, 2 yrs. residency in Phils. before the election
Congressmen: 25 yo on the day of the election, 1 yr. residency in the district where he’ll run

SEC. 8, ARTICLE 7 (DDRR): Instances when VP will assume the office of President, AS A PRESIDENT, when
the following occur:

1. Death
2. Permanent Disability
3. Resignation
4. Removal from Office (only through impeachment)
*ERAP CASE: (Totality Test) Doctrine of Constructive Resignation: there is an intent to resign and the
intent is coupled with acts of relinquishment.

POWERS OF THE PRESIDENT:

S16. Appointing power: Requires confirmation of Com. Of Appointment: (1) Heads of the Execs.
Department, (2) Consuls and Ambassadors, (3) Officers of the AFP, (4) Other officers whose
appointment is vested in him.

AD INTERMIN Appointment takes effect immediately and may assume office immediately subject to
confirmation later on by the Com. Of Appointment. It is permanent in character until disapproved by
congress or until the next adjournment of congress.

REGULAR Appointment assumes office only after the appointment is confirmed by the Com. on App.

LIMITATIONS:

Sec. 13, par, 2, Art. 7 (NEPOTISM): Spouse, relatives up to 4th civil degree of consanguinity or affinity,
members of Concom, office of Ombudsman, Sec., USEC, Head of Bureaus including GOCCs.

Sec. 15: Midnight Appointment (2 months before Presidential election up to end of his term) EXCEPT
temporary appointments to EXECUTIVE positions if it will prejudice or create damage to Public.

S17. Controlling power for Bureaus, Dept. etc./ General supervision only for local govt’s

S18. Calling out power as chief of the AFP, martial law power, power to suspend the privilege of the writ
of habeas corpus

S19. Pardoning (there must be conviction by final judgement, private act of president hence need proof
by the grantee)/ Amnesty power (requires concurrence of the majority member of the Congress/ official
act of President thus a matter of judicial notice), power to grant reprieves (the execution of a death
convict is suspended), commutations, remit fines and forfeitures)

Significant limitations on the pardoning power:

1. Not applicable in cases of impeachment

2. There must be first conviction by final judgment
3. NA in case of legislative contempt in view of the doctrine of Separation of Powers
4. No grant of pardon/amnesty in cases of violation of election laws without the favorable
recommendation of the Comelec.

S20. Borrowing Power: Requirements: (1) prior concurrence of the monetary board, (2) subject to
limitations as the Congress may prescribe

S21. Treaty-making power (power to ratify is vested in the President). The legislative’s role is only to give
or not to give concurrence (only applicable to treaty or international agreement, 2/3 vote of the
Congress) to the ratification. EXECUTIVE AGREEMENTS do not need concurrence of the Congress.

*Exchange of notes- a form of an Executive agreement which becomes binding through executive action
without the need of vote of the congress.
S22. Budgetary powers: The congress may not increase the proposed budget of the President. The form,
content and manner of the preparation of budget is prescribed by law. The President prepares the
budget through the DBM, which becomes the basis of the Congress to enact the General Appropriations
Bill.

S23. Informing power (SONA-every 4th Monday of July, opening of Congress regular session)

*Unstated residual powers: Powers of the President which are not found in the constitution but He may
validly exercise.

JUDICIARY

Doctrine of Primary Jurisdiction

SC EN BANC CASES:

ART. 9: CONSTITUTIONAL COMMISSIONS:

Civil Service, Comelec, COA

BILL OF RIGHTS

Sec. 1: Due process: invoked when there is arbitrariness, whimsical, capricious, oppressive,
unreasonable act act by the government officials

Equal Protection: invoked when there is discrimination. Apply only to govt/public

employees/officials.

LAW/ACT/ORDINANCE

VOID for VAGUENESS Doctrine- lacks comprehensible standards that men of common intelligence must
necessarily guess at its meaning and differ as to its application. Law should be declared void it being
vague.

OVERBREADTH Doctrine- Law is not vague. It’s clear but when you apply it, it fails to delineate
constitutionally permissible and impermissible.

Sec. 2: Rights against unreasonable searches and seizures: extends not just to person, but also to once
house, papers, effects

Requisites of valid arrest/search warrant:

1. Probable cause
2. To be personally determined by the judge
 3. After examination under oath or affirmation by the complainant and the witnesses he may
produce
4. Particularly describing the place to be searched and the persons or things to be seized.

*NO GENERAL WARRANT shall be issued, otherwise, it shall be like a fishing expedition. A warrant must
be issued for a particular offense.

Instances of Valid warrantless arrest: (1) in flagrante delicto (in the presence of the arresting officer, an
offense has been, is being, about to be committed), (2) arrest in hot pursuit (an offense has in fact just
been committed and the arresting officer has probable cause based on personal knowledge of facts and
circumstances that the person to be arrested has committed it), (3) arrest of an escapee

Instances of Valid warrantless search: (1) Search incident to a lawful arrest: search must be confined
only or limited within the vicinity where the valid warrantless arrest took place, (2) consented search,
(3) plainview doctrine, (4) customs searches, (5) stop and frisk search, (6) checkpoints (must be pre-
announced, must be stationary, must be limited only to visual search), (7) search of a moving vehicle, (8)
searches at airports: in view of increase concern over airplane hijacking and terrorism, a person submits
itself to warrantless searches so there is no reasonable expectation of privacy.

Sec. 3. Right to privacy of communication and correspondence

Sec. 4. Right to freedom of expression

Sec. 5. Right to freedom of religion

Sec. 6. Rights: to liberty of abode, to liberty of changing the same abode, to travel

Sec. 7. Right to information on matters of public concern

Sec. 8. Right to association

Sec. 9. Limitation on the power of the eminent domain of the State

Sec. 10. Non-impairment clause

Sec. 11. Access to courts and quasi- judicial bodies

Sec. 12. Rights of the accused: Custodial investigation rights/ Miranda rights (not yet an accused, you’ve
just been invited for an investigation, you’re just a suspect but no case has been filed against you yet)

Sec. 13. Right to bail -before conviction, crime is punishable by less than reclusion perpetua, then bail is
a matter of RIGHT.

Sec. 14. Rights of the accused during trial

Equipoise rule: when the evidence presented by the prosecution and defense is equally the same, the
law tilts in favor of the accused’s innocence.

Sec. 15. Writ of habeas corpus, reiteration of sec. 18 art. 7

Sec. 16. Right to speedy disposition of cases (may be invoked by anybody, in any kind of cases) vs. Right
to speedy trial (may only be invoked by the accused in a criminal proceeding)
Sec. 17. Right against self-incrimination

Sec. 18. Right against Involuntary servitude

Sec. 19. Imposition of excessive fines or cruel, degrading, inhumane punishment

Sec. 20. Non-imprisonment for non-payment of debt

Sec. 21. Right against double-jeopardy

Sec. 22. Right against ex-post facto law and bill of attainder

*Secs. 2, 3, 12, 17: governed by the Exclusionary rule in Evidence. Any evidence obtained in violation of
any of these 4 sections will not be admissible in any proceedings in court. Fruit of the poisonous tree.
These are INCOMPETENT evidence because it is excluded by the Constitution.

EXTRADITION – as a concept, form of jurisdictional assistance in Int’l law. It may not be affected
unilaterally. Request from the other (surrendering) State to have the person arrested and extradited in
the (requesting state) Philippines to face trial for his alleged offense in the Philippines. But there must
be an Extradition treaty between the two states, otherwise the surrendering state has no legal
obligation to arrest and extradite the fugitive.

*Religious and political offenses are generally not extraditable. EXCEPT if there is an ATTENTAT CLAUSE:
a provision or clause in the extradition treaty that the murder or assassination of the head of state or
any of his immediate family is not considered as a political offense and therefore extraditable.

*Principle of Specialty- a person extradited may only be charged and executed in the requesting state
for an offense which is the basis of the request for extradition.

*Unless otherwise stipulated in the treaty, the offense must have been committed in the territory of the
requesting state.

***An extradite is always presumed to be a flight risk.

***NO BAIL rule applies in Extradition, (where a presumption of innocence is not an issue) EXCEPT: only
upon a clear and convincing evidence that once granted bail he will not be a flight risk or a danger to the
community and there exist special humanitarian and compelling circumstances that will justify the grant
of bail to him.

ELECTION LAWS

Before: Registration (condition precedent to exercise suffrage) of Voters

Qualifications of voters:

1. Citizen of the Philippines, not otherwise disqualified by law

2. Must be at least 18 yrs. Of age
3. Must be a resident of the Philippines for 1 year and at least 6 months in the place where he will
vote, before the election.
EXCEPTION: Macalintal vs. COMELEC: Overseas Filipinos, permanent residence of foreign
country – allowed to register and vote for P, VP, Sen, Party list rep., provided that they have to
 execute an affidavit that after three years following that registration they have to go back in the
Philippines and resume their residency.

Registration of Political Parties: COMELEC’s power to register pol. Parties. It is the registration with the
COMELEC that vest personality to an organization as a political party.

ORG. that may NOT BE registered as political party:

1. religious denomination and sex may not register

2. those who seek to attain their goals through violence or unlawful means
3. those which refused to uphold and adhere the Constitution
4. those who are supported by any foreign government

*Financial contributions from Foreign government are prohibited when used for elections.

90 days before elec. – 30 days after elec. – Election period

Campaign period: varies depending on the position. But it ENDS, ONE DAY BEFORE the election.

*Filing of COC is important for one to be declared as a Candidate of Election, but it must only be for one
office in an election, otherwise, he will not be considered a candidate for any of those offices.

*Withdrawal of COC is possible: Submit a written declaration under oath regarding withdrawal of
candidacy.

*The filing of withdrawal to withdraw the withdrawal of COC filed a day after the last filing of COC is
deemed as filing of a NEW COC, but cannot be considered as it was filed out of time.

*The moment an appointive office files COC for an elective office, that person is considered IPSO FACTO
resigned from that appointive office. This rule is applicable also to GOCCs even those without original
charters. Also applicable to Members of AFP in active office.

*Any Elective officials who has file COCs for the same or other office are NOT considered resigned from
his office. (implementation of Fair Election Act)

*Substitution of Candidates – Grounds: Death, Disqualification, Withdrawal

*Substitution may happen up to last day of filing of COC until midday of election. Substitution must
ONLY be done within the SAME political party. A candidate who do not belong to any political party
cannot be substituted.

*General rule: votes in favor or the substituted candidate will be considered as stray votes, EXCEPT: If
same family name, may be counted in favor of the substitute.

*A disqualified candidate may only be substituted if he had a valid and seasonably filed COC because it is
a condition sine qua non. Otherwise, he will not be considered a candidate at all.

REMEDIES: (Sec. 68, 69, 78 of OC)

*All disqualification cases are filed before the COMELEC

(Sec. 68) NUISANCE CANDIDATE -Does not have bona fide intention to run. (file a petition within 5 days
from the last day of filing COCs)

(Sec. 78) Material misrepresentation as to any statement of fact in the COC. – within 25 days from the
date the candidate filed his COC

EFFECT OF DISQUALIFICATION:

1. BEFORE THE ELECTION, disqualified with finality: shall not be voted for and the vote cast for him
shall not be counted.
2. Disqualification case has been filed, but no final judgment yet and the candidate won:
If he received the winning no. of vote, the court shall continue to with the trial or hearing of the
action or inquiry

*NO Pre-Proc case in barangay elections

Sec. 241: Definition of Pre-proc case

Sec. 242: COMELEC – jurisdiction over pre-proc cases

Sec. 243: ISSUES raised in Pre-proc cases:

(1) Illegality in: PTRCA)

Preparation (duress, intimidation)

Transmission
Receipt
Custody, and
Appreciation of election returns (the one canvassed by the municipal or boar of canvass) or Cert of
Canvass (represents 1 municipality)
Senator- COMELEC (board of canvassers)
President and VP- Congress (board of canvassers)

(2) Illegality in the composition and proceedings of the Board of Canvassers

REMEDIES AFTER PROCLAMATION OF WINNING CANDIDATES:

1. File an Election protest or Petition for Quo warranto

Election Protest: issue to be resolved is who really won in the election. If the protestant wins, he will
have to be proclaimed and assume office.

Quo Warranto: issue to be resolved is the eligibility or lack of it of the winning candidate or disloyalty to
the republic. Any registered voter may file. The losing party will have to be removed. Position will have
to be declared vacant until a special election is held to fill up the vacancy.

JURISDICTION IN ELEC. CASES

COMELEC – any disqualification cases filed before the election/ Pre-proc cases/ elec protest and Quo
warranto for elective regional, provincial and city officials. -> reviewable by SC through Certiorari

COMELEC EN BANC- Pet. to declare failure of elections

SC EN BANC -Elec. Protest and Quo warranto for President and Vice President

SET/HRET- Elec Protest/Quo Warranto for Senators/ Congressmen. From their Decision, NO APPEAL lies
because they are the sole judge. But may file Rule 65: Pet. for Certiorari due to grave abuse of
discretion.

RTC- elec protest and Quo warranto for elec. municipal officials. -> APPEAL TO COMELEC

MTC- elec protest and Quo warranto for elec. barangay officials. -> APPEAL TO COMELEC

*File a COUNTER PROTEST – remedy for the accused of elec. Protest. File within 5 days from the date of
the receipt of the copy of protest.

LPO

*Next-in-rank rule: If the vacancy is filled by promotion, the person holding the position next in rank to
shall hold the promotion.

*Qualification as an act: consist of taking of an oath, or posting of bonds (treasurer)

*Qualification as an endowment

DE JURE OFFICER: has lawful title to an office

DE FACTO OFFICER: has a color of title to an office. Imperfect title but he’s in actual possession. To
challenge: direct proceeding through Quo Warranto- must be filed within 1 year from the date of the
disposition of office., otherwise, the title will ripen to a de jure title.

USURPER/INTRUDER: No title, not even a color of title but in actual possession of the office. Actions are
void.

ADMIN LAW

CSC LAW: (Original Jurisdiction)

Admin complaint against Gov’t official/Employee – file a complaint with the sec. or head of office,
agency or bureau. In the local gov’t file it with the Local Chief Executive (disciplining authority). From
their Decision, appeal to CSC Commission, review by CA,

Cases filed directly to the CSC Commission: (concurrent with Ombudsman)

1.

GR: Ombudsman may take admin complaints against any appointive and elective officials, national or
local, EXCEPTIONS to Jurisdiction of Ombudsman in cases of Admin complaints: Impeachable officers,
members of congress, members of judiciary.

OMBUDSMAN (Admin case decision) -> appeal to CA

*Decision of CSC Commission punishable by suspension of less than 30 days or fine equivalent to less
than 30 days, then it is APPEALABLE.

*In an administrative complaint, the real party adversely affected is the government, the complainant is
merely a complaining witness for the government. So, the Government may appeal in case the CA
reversed the ruling of the govt.

Exemptions on NEPOTISM:

1. Persons employed in a confidential capacity

2. Teachers
3. Physicians
4. Members of AFP
5. Family member Appointment to such office above and marriage to an official in the same office.

CRITICAL AREAS IN POLI:

Constitutional Amendments and Revisions:

Constituent Assembly:

-Leg. Powers of Congress do not Include powers to propose amendment to the constitution.

-3/4 votes of all the members of congress. Or ¾ votes of both houses taken separately. (3/4 each house)

Constitutional Convention: Congress by 2/3 votes may call CONCON, or assign it to the people by
majority vote of the Congress

Archipelagic Doctrine:

Doctrine of Processual Presumption

Continuing Mandamus –

INHERENT POWERS OF THE STATE

1. POLICE POWER- lawful end to be accomplished through lawful means.

2. POWER OF TAXATION-

*Gov’t instrumentality such as MIAA (holding property in trust for the govt) is exempted from Local
Taxation, whereas Mactan-Cebu Int’l airport, which is a GOCC, is not exempt from local tax.

*Condominium dues should not be subject to business tax, because the dues are not considered as
an income but used mainly for the upkeep of the condo.

3. POWER OF EMINENT DOMAIN

*Equal Protection Clause – applies only to govt or public employees.

PUBLIC INTERNATIONAL LAW

International law (No constitution, states consent to be bound or subjected to it) vs. Municipal Law

Treaty
Customary international rule of m law
General principles of law

SOURCES OF INTERNATIONAL LAW

1. Treaty- International Agreement entered into between States in writing and governed by
International law.

Soft Law – a mere guideline

Hard Law-

Pacta sunt servanda – treaties should be complied with

Jus Cogens -pre-emptory norms of international law- parties to a treaty cannot enter into agreement
contrary to the norms of generally accepted principles.

Rebus Sic Stantibus- ‘in these circumstance’, in PIL, the doctrine that considers a treaty as being a no
longer obligatory if there is a material change in circumstances.

2. Customary International Law- the evidence of a general practice accepted as law.

3. Generally accepted principles
4. Opinio Juris

ELEMENTS OF STATE

1. People
2. Territory
3. Government
4. Sovereignty

*Archipelagic Sea Lanes – where vessels may pass in between islands with vast body of water

*Doctrine of Parens Patriae – government is the parent of the people and may interfere in order to
protect the interest of the people particularly those who are marginalized, disabled, etc.

*Executive Agreements cannot prevail over earlier statutes.

*Apertheid

*Mandate Territory
ELECTION LAW:

*Losing barangay official candidates may still hold public office even after a year of losing only, unlike
other losing candidates for national elections who can’t hold public office within one year from losing
the election.