Ust Golden Notes Political Lawpdf PDF

THE CONSTITUTION
POLITICALLAW accordance with the intent of the

framers.
A. THE CONSTITUTION
3. Ut magis valeat quam pereat – the
DEFINITION,NATUREAND CONCEPTS Constitution has to be interpreted as a
whole. (Francisco v. HR, G.R. No.
Q: What is PoliticalLaw? 160261, Nov. 10, 2003)
A: It is that branch of public law which deals with Q: In case of doubt, how should the Constitution
the organization and operations of the be construed?
governmental organs of the State and defines its
relations with the inhabitants of the territory. A: The provisions should be considered self‐
(People v. Perfecto, G.R. No. L‐18463, October 4, executing; mandatory rather than directory; and
1922) prospective rather than retroactive. (Nachura,
Reviewer in Political Law, 2005 ed., p. 3)
Q: What is the scope of politicallaw?
Q: What is the doctrine of Constitutional
A: Supremacy?
1. Political law
2. Constitutional law A: Under this doctrine, if a law or contract
3. Administrative law violates any norm of the Constitution, that law
4. Law on municipal corporations or contract, whether promulgated by the
5. Law on public officers legislative or by the executive branch or entered
6. Election laws into by private persons for private purposes, is
7. Public international law null and void and without any force and effect.
Thus, since the Constitution is the fundamental,
Q: What is the Constitution? paramount and supreme law of the nation, it is
deemed written in every statute and contract.
A: The Constitution is the basic and paramount (Manila Prince Hotel v. GSIS, G.R. No. 122156,
law to which all other laws must conform and to Feb. 3, 1997)
which all persons, including the highest officials,
must defer. (Cruz, Constitutional Law, 1998 ed., p. Q: State the legal distinctionsbetweenEDSA 1
4) and 2.
Q: How is the PhilippineConstitutionclassified? A:

EDSA 1 E D SA 2
A: It is classified as written, enacted and rigid. As to power involved or exercised by the people
(Art. XVII, 1987 Constitution) Exercise of the people
power of freedom of
Q: When did the Philippine Constitution take Exercise of the people speech and of assembly,
effect? power of revolution to petition the
government for redress of
grievances
A: It took effect on February 2, 1987, which was
the date of the plebiscite. (De Leon v. Esguerra, Effect of exercise of the power involved
G.R. No. L‐78059, Aug. 31, 1987) Overthrows the whole Only affected the Office
government of the President
Q: How should the Philippine Constitution be Judicial review
interpreted?
Extra‐constitutional. Intra‐constitutional.
The legitimacy of the The resignation of the
A:
new government that sitting President that it
1. Verba legis – whenever possible, the resulted from it cannot caused and the succession
words used in the Constitution must be be the subject of of the VP as President are
given their ordinary meaning except judicial review. subject to judicial review.
where technical terms are employed. Nature of question involved
2. Ratio legis et anima – where there is Presented a political

Involves legal questions.
question.
ambiguity, the words of the
Constitution should be interpreted in
ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

VICE CHAIRSFOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR ADMINISTRATIONAND FINANCE: JEANELLE C. LEE
1
VICE CHAIRSFOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
Q: Is the People Power recognized in the AMENDMENTAND REVISION

Constitution?
Q: Distinguishamendmentfrom revision.
A: “People power” is recognized in the
Constitution: A:
1. Article III, Section 4 guarantees the right of the A M EN DM E N T R EV ISION
people peaceable to assemble and petition the
Isolated or piecemeal
government for redress of grievances; A revamp or rewriting
change merely by
2. Article VI, Section 32 requires Congress to pass of the whole
adding, deleting, or
a law allowing the people to directly propose or instrument altering the
reducing without
reject any act or law or part of it passed by substantial entirety of
altering the basic
congress or a local legislative body; the Constitution
principle involved
3. Article XIII, Section 16 provides that the right of
the people and their organizations to
participate in all levels of social, political, and Q: How do you determine whether a proposed
economic decision ‐making shall not be change is an amendmentor a revision?
abridged and that the State shall, by law,
facilitate the establishment of adequate A:
consultation mechanisms; 1. Quantitative test – asks whether the
4. Article XVII, Section 2 provides that subject to proposed change is so extensive in its
the enactment of an implementing law, the provisions as to change directly the
people may directly propose amendments to ‘substantial entirety’ of the Constitution
the Constitution through initiative. by the deletion or alteration of
numerous existing provisions. One
examines only the number of provisions
PARTS affected and does not consider the
degree of the change.
Q: What are the three parts of a written
Constitution? 2. Qualitative test – whether the change
will accomplish such far reaching
A: changes in the nature of our basic
1. Constitution of Sovereignty – this refers governmental plan as to amount to a
to the provisions pointing out the revision. (Lambino v. Comelec, G.R. No.
modes or procedure in accordance with 174153, Oct. 25, 2006)
which formal changes in the
Constitution may be made (Art. XVII, Q: How may the Constitution be amended or
Amendments or Revisions) revised?
2. Constitution of Liberty – the series of A:

prescriptions setting forth the 1. Proposal
fundamental civil and political rights of a. By Congress upon a vote of ¾ of all
the citizens and imposing limitations on its members acting as Constituent
the power of the government as a Assembly (ConAss)
means of securing the enjoyment of
those rights (Art. III, Bill of Rights) Note: While the substance of the
proposals made by each type of
3. Constitution of Government – provides ConAss is not subject to judicial
for a structure and system of review, the manner the proposals
are made is subject to judicial
government; refers to the provisions
review.
outlining the organization of the
government, enumerating its powers,
Since ConAss owes their existence to
laying down certain rules relative to its
the Constitution, the courts may
administration and defining the determine whether the assembly has
electorate (Art. VI, Legislative Dep’t, Art. acted in accordance with the
VII, Exec. Dep’t, Art. VIII, Judicial Dep’t, Constitution.
Art. IX, Consti. Commissions)
b. By Constitutional Convention
(ConCon)
POLITICALLAW TEAM:
2 ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECTHEAD: RACHELMARIE L. FELICES; ASST. SUBJECTHEADS: WIVINOE. BRACEROII &
HERAZEUSCHRISTINEY. UY; MEMBERS: LAWRENCEPAULO H. AQUINO, LEANDRORODEL V. ATIENZA, MARINETHEASTERAN D. AYOS,
CARLO R. BALA, WILFREDOT. BONILLA, JR., KEEL ACHERNARR. DINOY, APRIL V. ENRILE, KENNETHJAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHERR. REYES, ROMILINDAC. SIBAL, JASMINM. SISON, ZARAH PATRICIAT. SUAREZ, RALPHJULIOUSL.
VILLAMOR.
THE CONSTITUTION
Note: Congress may call a ConCon: thereon, to express their will in a genuine
1. By a vote of 2/3 of all manner. Submission of piece‐meal amendments
its members; or is unconstitutional. All amendments must be
2. By a majority vote of submitted for ratification at one plebiscite only.
all its members, submit such The people have to be given a proper frame of
question to the electorate. reference in arriving at their decision. (Tolentino
v. COMELEC, G.R. No. L‐34150, Oct. 16, 1971)
If Congress, acting as a ConAss, calls
for a ConCon but does not provide
a. R.A. 6735
details for the calling of such
ConCon, Congress by exercising its INITIATIVEAND REFERENDUMLAW
ordinary legislative power may
supply such details. But in so doing, Q: What is initiative?
the Congress (as legislature) should A: It is the power of the people to propose
not transgress the resolution of amendments to the Constitution or to propose
Congress acting as a ConAss. and enact legislation.
Note: The manner of calling a Q: What are the three (3) kinds of initiative
ConCon is subject to judicial review under R.A. 6735?
because the Constitution has
provided for voting requirements. A:
1. Initiative on the Constitution—refers to
Note: Choice of which ConAss or ConCon should
a petition proposing amendments to
initiate amendments and revisions is left to the
the Constitution
discretion of Congress. In other words, it is a political
question.
2. Initiative on statutes—refers to a
petition to enact a national legislation
Congress, as a ConAss and the ConCon has no power
to appropriate money for their expenses. Money
may be spent from the treasury only pursuant to an 3. Initiative on local legislation—refers to
appropriation made by law. a petition proposing to enact a regional,
provincial, municipal, city, or barangay
c. By People’s Initiative upon a law, resolution or ordinance (Section 2
petition of at least 12% of the total [a], R.A. 6735)
number of registered voters, of
which every legislative district Note: Section 2 (b) of R.A. 6735 provides for:
1. Indirect Initiative‐ exercise of initiative by the
must be represented by 3% of the
people through a proposition sent to Congress
registered voters therein.
or the local legislative body for action
Note: The Constitution may be

2. Direct Initiative‐ the people themselves filed
amended not oftener than every 5
the petition with the COMELEC and not with
years through initiative.
Congress.
Revisions cannot be done through

Q: What is the rule on Local initiative?
Initiative.
A: In case of:
2. Ratification – Amendments or revisions
1. Autonomous regions ‐ not less than
to the Constitution should be ratified by
2,000 registered voters
the majority in a plebiscite which should
2. Provinces and Cities – not less than
be held not earlier than 60 days nor
1,000 registered voters
later than 90 days after the approval of
3. Municipalities – not less than 100
such amendment.
registered voters
4. Barangays – not less than 50
Q: What is the Doctrineof ProperSubmission?
may file a petition with the Regional Assembly or

A: Plebiscite
regular may
election be held v.onCOMELEC,
(Gonzales the sameG.R.
dayNo.
as local legislative body, respectively, proposing the
adoption, enactment, repeal, or amendment, of
L‐28196, Nov. 9, 1967), provided the people are
any law, ordinance or resolution. (Sec. 13 RA
sufficiently informed of the amendments to be
6735)
voted upon, to conscientiously deliberate

3
Q: What are the limitationson Local initiative? days after their effectivity. (Sec. 10 RA
6735)
A:
1. The power of local initiative shall not be Q: Compare and differentiate the concepts and
exercised more than once a year; processes of initiative from referendum.
2. Initiative shall extend only to subjects or
matters which are within the legal matters A:
which are within the legal powers of the IN IT IA T IV E R EF E R E N DU M
local legislative bodies to enact; and The power of the people The power of the
3. If any time before the initiative is held, the to propose amendments legislation through an
local legislative body shall adopt in toto the to the Constitution or to election called for the
proposition presented, the initiative shall be propose and enact purpose. (Sec. 3, R.A.
legislations through an No. 6735 [1989])
cancelled. However, those against such
action may if they so desire, apply for election called for the
purpose.
initiative.
LOCAL IN IT IA T IV E LOC A LREFERENDUM

Q: Is the initiative to change the Constitution
The legal process The legal process
applicable to revision?
whereby the registered whereby the registered
voters of a local voters of the local
A: No. An initiative to change the Constitution
government unit may government units may
applies only to an amendment. Revision broadly directly propose, enact, approve, amend or
implies a change that alters basic principle in the or amend any ordinance reject any ordinance
Constitution like altering the principle of (Sec. 120) enacted by the
separation of powers or the system of checks and Sanggunian (Sec. 126)
balance. The initiative of the petitioners is a
revision and not merely an amendment. (Lambino
vs. COMELEC, G.R. No. 174153, 25 October 2006) SELF‐EXECUTINGAND NON‐SELF‐EXECUTING
Q: What is referendum? Q: What constitutionalprovisions are considered

Self‐Executingand Non‐Self‐Executing?
A: It is the power of the electorate to approve or
reject legislation through an election called for A: The following provisions of the Constitution
that purpose. are considered as self‐executing:
1. Provisions in the Bill of Rights on
Q: What are the two (2) classes of referendum? arrests, searches and seizures, the
rights of a person under custodial
A: investigation, the rights of an
1. Referendum on Statutes‐ refers to a accused, and the privilege against self‐
petition to approve or reject a law, or incrimination,
part thereof, passed by Congress 2. Fundamental rights of life, liberty and
the protection of property,
2. Referendum on Local Law‐ refers to a 3. Provisions forbidding the taking or
petition to approve or reject a law, damaging of property for public use
resolution or ordinance enacted by without just compensation.
regional assemblies and local legislative
bodies. XPN: A constitutional provision is not self‐
executing where it merely announces a policy and
Notes: The following cannot be subject of an
its language empowers the Legislature to
initiative or referendum:
prescribe the means by which the policy shall be
carried into effect:
1. Petition embracing more than one
1. Article II on "Declaration of Principles
subject shall be submitted to the
electorate and State Policies"
2. Article XIII on "Social Justice and Human
2. Statutes involving emergency measures, Rights,"
the enactment of which is specifically 3. Article XIV on "Education Science and
vested in Congress by the Constitution, Technology, Arts, Culture end
cannot be subject to referendum until 90 Sports" (Manila Prince Hotel v. GSIS,
G.R. 122156, Feb. 3, 1997)
POLITICALLAW TEAM:
VILLAMOR.
GENERAL CONSIDERATIONS
B. GENERALCONSIDERATIONS Q: What is the ArchipelagicDoctrine and where

is it found in the 1987 PhilippineConstitution?
NATIONALTERRITORY
A: It is defined as all waters, around between and
connecting different islands belonging to the
Q: What is Territory? Philippine Archipelago, irrespective of their width
or dimension, are necessary appurtenances of its
A: Territory is the fixed portion of the surface of land territory, forming an integral part of the
the Earth inhabited by the people of the State. As national or inland waters, subject to the exclusive
an element of a State, it is an area over which a sovereignty of the Philippines.
state has effective control.
nd
It is found in the 2 sentence of Article 1 of the
Q: What comprisesthe Philippineterritory? 1987 Constitution.
A: Q: What does the Archipelagic Doctrine

1. The Philippine archipelago – that body emphasize?
of water studded with islands which is
delineated in the Treaty of Paris, as A: It emphasizes the unity of the land and waters
amended by the Treaty of Washington by defining an archipelago as group of islands
and the Treaty with Great Britain. surrounded by waters or a body of waters
studded with islands.
CONSISTS OF INCLUDING ITS
Note: To emphasize unity, an imaginary single
a. Territorial Sea
baseline is drawn around the islands by joining
a. Terrestrial b. Seabed
appropriate points of the outermost islands of the
b. Fluvial c. Subsoil
archipelago with straight lines and all islands and
c. Aerial d. Insular shelves
waters enclosed within the baseline form part of its
Domains e. Other Submarine
territory.
areas
Q: What are the purposes of the Archipelagic

2. All other territories over which the Doctrine?
Philippines has sovereignty or
jurisdiction – includes any territory that A: The following are the purposes of the
presently belongs or might in the future Archipelagic Doctrine:
belong to the Philippines through any of
the accepted international modes of 1. Territorial Integrity
acquiring territory. 2. National Security
3. Economic reasons
Q: What are the components of our National
Territory? Note: The main purpose of the archipelagic doctrine
is to protect the territorial interests of an
A: archipelago, that is, to protect the territorial
1. Terrestrial Domain integrity of the archipelago. Without it, there would
2. Maritime Domain be “pockets of high seas” between some of our
3. Aerial Domain islands and islets, thus foreign vessels would be able
to pass through these “pockets of seas” and would
Note: R.A. 9522 which was approved by President have no jurisdiction over them. Accordingly, if we
Arroyo on March 10, 2009 amended certain follow the old rule of international law, it is possible
provisions of R.A. 3046, as amended by R.A. 5446 that between islands, e.g. Bohol and Siquijor, due to
and defined the archipelagic baselines of the the more than 24 mile distance between the 2
Philippines. islands, there may be high seas. Thus, foreign vessels
may just enter anytime at will, posing danger to the
security of the State. However, applying the
ARCHIPELAGICDOCTRINE doctrine, even these bodies of water within the
baseline, regardless of breadth, form part of the
archipelago and are thus considered as internal
Q: What is an ArchipelagicState?
waters.
A: It is a state constituted wholly by one or more

Q: Is the Spratlys Group of Islands (SGI) part of
archipelagos and may include other islands. the PhilippineArchipelago?

5
A: No. It is too far to be included within the A: Yes. This doctrine also applies to foreign
archipelagic lines encircling the internal waters of government because of the sovereign equality of
Philippine Archipelago. However, the SGI is part all the state. Accordingly, immunity is enjoyed by
of the Philippine territory because it was other States, consonant with the public
discovered by a Filipino seaman in the name of international law principle of par in parem non
Vice‐Admiral Cloma who later renounced his habet imperium. The head of State, who is
claim over it in favor of the Republic of the deemed the personification of the State, is
Philippines. Subsequently, then Pres. Marcos inviolable, and thus, enjoys immunity from suit.
issued a Presidential Decree constituting SGI as (JUSMAG Philippines v. NLRC, G.R. No. 108813,
part of the Philippine territory and sending some December 15, 1994)
of our armed forces to protect said island and
maintain our sovereignty over it. Q: Can the State waive its immunity?
Q: Do you consider the Spratlys group of Islands A: Yes, expressly or impliedly.

as part of our National Territory?
1. Express consent of the State may be
A: Yes. Article I of the Constitution provides: “The manifested through general or special
national territory comprises the Philippine law.
archipelago, x x x, and all other territories over
which the Philippines has sovereignty or Note: Solicitor General cannot validly
jurisdiction, x x x.” The Spratlys Group of islands waive immunity from suit. Only the
falls under the second phrase “and all other Congress can (Republic v. Purisima, G.R.
territories over which the Philippines has No. L‐36084, Aug.31, 1977).
sovereignty or jurisdiction”. It is part of our
national territory because Philippines exercise 2. Implied consent is given when the State
sovereignty (through election of public officials) itself commences litigation or when it
over Spratlys Group of Islands. enters into a contract. There is an
implied consent when the state enters
into a business contract. (US v. Ruiz,
DOCTRINEOF STATE IMMUNITY G.R. No. L‐35645 May 22, 1985)
Q: What is the Doctrine of State Immunity? Note: This rule is not absolute.
A: Under this doctrine, the State cannot be sued Q: Do all contracts entered into by the
without its consent. (Sec. 3, Art. XVI, 1987 government operate as a waiver of its non‐
Constitution) suability?
Q: What is the basis of the doctrine of State A: No. Distinction must still be made between
immunity? one which is executed in the exercise of its
sovereign function and another which is done in
A: It reflects nothing less than recognition of the its proprietary capacity. A State may be said to
sovereign character of the State and an express have descended to the level of an individual and
affirmation of the unwritten rule effectively can this be deemed to have actually given its
insulating it from the jurisdiction of courts. It is consent to be sued only when it enters into
based on the very essence of sovereignty. business contracts. It does not apply where the
(Department of Agriculture v. NLRC, G.R. No. contract relates to the exercise of its sovereign
104269, November 11, 1993) functions. (Department of Agriculture vs. NLRC
G.R. No. 104269, November 11, 1993)
Note: There can be no legal right against the
authority which makes the law on which the right Q: When is a suit considered as suit against the
depends (Republic vs. Villasor, GRN L‐30671, State?
November 28, 1973). However, it may be sued if it
gives consent, whether express or implied. A:
1. When the Republic is sued by name;
Q: Does this doctrine apply as well to foreign 2. When the suit is against an
government? unincorporated government agency;
3. When the suit is on its face against a
government officer but the case is such
POLITICALLAW TEAM:
VILLAMOR.
that ultimate liability will belong not to to be sued only when it enters into business
the officer but to the government. contracts. However, the restrictive application of
(Republic v. Sandoval, G.R. No. 84607, State immunity is proper only when the
Mar. 19, 1993) proceedings arise out of commercial transactions
of the foreign sovereign, its commercial activities
Q: Petitioners sued the Philippine National or economic affairs. It does not apply where the
Railways for damages for the death of their son contract relates to the exercise of its sovereign
who fell from an overloadedtrain belonging to functions. (United States vs. Ruiz, G.R. No. L‐
the PNR. The trial court dismissedthe suit on the 35645, May 22, 1985)
ground that the charter of the PNR, as amended
by P.D No. 741 has made the same a Q: When is a suit against a public officialdeemed
government instrumentality,and thus immune to be a suit against the State?
from suit. Is the dismissalproper?
A: The doctrine of State Immunity from suit
A: No. The correct rule is that not all government applies to complaints filed against public officials
entities whether corporate or non‐corporate, are for acts done in the performance of their duties
immune from suits. Immunity from suit is within the scope of their authority.
determined by the character of the objects for
which the entity is organized. When the GR: The rule is that the suit must be regarded as
government enters into a commercial business, it one against the state where the satisfaction of
abandons its sovereign capacity and is to be the judgment against the public official concerned
treated like any other corporation. In this case, will require the state to perform a positive act,
the State divested itself of its sovereign capacity such as appropriation of the amount necessary to
when it organized the PNR which is no different pay the damages awarded to the plaintiff.
from its predecessors, the Manila Railroad
Company. (Malang v. PNRC, G.R. No. L‐49930, XPNs: The rule does not apply where:
August 7, 1985) 1. The public official is charged in his
official capacity for acts that are
Q: Distinguish unincorporated government unlawful and injurious to the rights of
agency performing governmental function and others. Public officials are not exempt,
one performing proprietaryfunctions according in their personal capacity, from liability
to the applicability of the Doctrine of State arising from acts committed in bad
Immunity. faith; or
A: 2. The public official is clearly being sued

Unincorporated Unincorporated not in his official capacity but in his
GovernmentAgency GovernmentAgency personal capacity, although the acts
Performing PerformingProprietary complained of may have been
Governmental Functions committed while he occupied a public
Functions position. (Lansang vs. CA, G.R. No.
Immunity has been Immunity has not been 102667, February 23, 2000)
upheld in its favor upheld in its favor
because its function is whose function was not Q: The Northern Luzon Irrigation Authority was
governmental or in pursuit of a necessary
establishedby a legislativecharter to strengthen
incidental to such function of government
the irrigationsystemsthat supply water to farms
function but was essentially a
and commercial growers in the area. While the
business. (Air
NLIA is able to generate revenues through its
Transportation Office v.
Spouses David, G.R. No. operations, it receives an annual appropriation
159402, February 23, from Congress. The NLIA is authorized to
2011) "exercise all the powers of a corporationunder
the CorporationCode." Due to a miscalculation
Q: What is the Restrictive Theory of State by some of its employees,there was a massive
Immunityfrom Suit? irrigationoverflowcausing a flash flood in Barrio
Zanjera. A child drowned in the incident and his
A: The Restrictive Theory of State Immunity parents now file suit against the NLIA for
means that a State may be said to have damages. May the NLIA validly invoke the
descended to the level of an individual and can immunityof the State from suit?
thus be deemed to have tacitly given its consent

7
A: No. Irrigation is a proprietary function. Besides, GOVERNMENT SUABILITY

the NLIA has a juridical personality separate and AGENCIES
distinct from the government, a suit against it is a. Incorporated agencies test of suability is stated
not a suit against the State. (Fontanilla v. in their charters. If its
Maliaman, G.R. Nos. 55963 & 61045, February 27, charter says so, it is
1991) suable
b. Unincorporated suable if the nature of
Since the waiver of the immunity from suit is government agencies their acts is proprietary
in nature
without qualification, the waiver includes an
action based on a quasi‐delict. (Rayo vs. CFI of
c. Jure gestionis by right of economic or
Bulacan. G.R. No. L‐55954. December 19, 1981)
business relation = may
be sued
Q: What are the implications of this phrase
“waiver of immunity by the State does not mean d. Jure imperii by right of sovereign
power, in the exercise of
a concession of its liability”? sovereign functions =
cannot be sued
A: When the State gives its consent to be sued,
all it does is to give the other party an Note: Letters c and d are also considered as
opportunity to show that the State is liable. nature of acts of State.
Accordingly, the phrase that “waiver of immunity
by the State does not mean a concession of Acta Jure Imperii Acta Jure Gestionis
liability” means that by consenting to be sued, the There is no waiver. There is waiver of State
State does not necessarily admit that it is liable. immunity from suit.
The State is acting The State entered into a
In such a case the State is merely giving the in its sovereign contract in its commercial
plaintiff a chance to prove that the State is liable governmental or proprietary capacity. The
but the State retains the right to raise all lawful capacity. State descended to the
defenses. (Philippine Rock Industries, Inc. v. Board level of a private entity.
of Liquidators, G.R. No. 84992, December 15,
1989) 3. Government – doctrine of State immunity
is available; non‐suability of the State is
Q: Is there any distinction between suability and available to the agency even if it is shown
liability of the State? that it is engaged not only in government
functions but also, as a sideline, or
A: Yes. incidentally, in proprietary enterprises.
SUABILITY LIABILITY
Depends on the consent Depends on the Q: In what instances may a public officer be sued
of the State to be sued applicable law and the without the State’s consent?
established facts
The circumstance that a The State can never be A:
State is suable does not held liable if it is not 1. To compel him to do an act required by
necessarily mean that it suable. law
is liable.
2. To restrain him from enforcing an act
claimed to be unconstitutional
Q: How are the liabilities of the following 3. To compel payment of damages from
determined? an already appropriated assurance
fund or to refund tax over‐payments
A: from a fund already available for the
1. Public officers – their acts without or in purpose
excess of jurisdiction: any injury caused by 4. To secure a judgment that the officer
him is his own personal liability and impleaded may satisfy the judgment
cannot be imputed to the State. himself without the State having to do a
positive act to assist him
2. Government agencies – establish whether 5. Where the government itself has
or not the State, as principal which may violated its own laws because the
ultimately be held liable, has given its doctrine of State immunity cannot be
consent. used to perpetrate an injustice
POLITICALLAW TEAM:
VILLAMOR.
Q: What is the true test in determiningwhether private property shall not be taken for public use
a suit against a public officer is a suit against the without just compensation will be rendered
State? nugatory. (Ministerio vs. Court of First Instance, L‐
31635, August 31, 1971)
A: The test is that, if a public officer or agency is
sued and made liable, the State will have to
perform an affirmative act of appropriating the PRINCIPLESAND POLICIES
needed amount to satisfy the judgment. If the
State does so, then, it is a suit against the State. Q: Are the provisionsin ArticleII self‐executing?
Q: Is garnishmentof governmentfunds allowed?
A: No. By its very title, Article II of the
A: Constitution is a “declaration of principles and
GR: No. Whether the money is deposited by state policies.” However, principles in Article II
way of general or special deposit, they remain are not intended to be self‐executing principles
government funds and are not subject to ready for enforcement through the courts. They
garnishment. are used by the judiciary as aids or as guides in
the exercise of its power of judicial review, and by
XPN: Where a law or ordinance has been the legislature in its enactment of laws. (Tondo
enacted appropriating a specific amount to Medical v. CA, G.R. No. 167324, July 17, 2007)
pay a valid government obligation, then the
money can be garnished. Note: As a general rule, these provisions are non‐
self‐executing. But a provision that is complete in
Note: Funds belonging to government itself, and provides sufficient rules for the exercise of
corporations which can sue and be sued that are rights, is self‐executing. Thus, certain provisions in
deposited with a bank can be garnished. (PNB v. Art. II are self‐executing, one of which is that
Pabalan, G.R. No. L‐33112, June 15, 1978) provided in Section 16, Art. II, “The State shall
protect and advance the right of the people to a
If the local legislative authority refuses to balanced and healthful ecology in accord with the
enact a law appropriating the money rhythm and harmony of nature.” (Oposa v. Factoran,
judgment rendered by the court, the winning G.R. No. 101083, July, 30, 1993)
party may file a petition for mandamus to
compel the legislative authority to enact a law Q: What is a RepublicanState?
(Municipality of Makati v. CA, G.R. Nos.
89898‐99, Oct.1, 1990) A: It is a state wherein all government authority
emanates from the people and is exercised by
Q: Can the Governmentbe made to pay interest representatives chosen by the people. (Dissenting
in money judgmentsagainstit? Opinion of J. Puno, G.R. No. 148334, January 21,
2004 and Bernas Primer, 2006 Edition)
A:
GR: No. Q: What are the manifestations of
Republicanism?
XPNs:
1. Eminent domain A: The following are the manifestations of
2. Erroneous collection of taxes Republicanism:
3. Where government agrees to pay
interest pursuant to law. 1. Ours is a government of laws and not of
men.
Q: A property owner filed an action directly in 2. Rule of Majority (Plurality in elections)
court against the Republic of the Philippines 3. Accountability of public officials
seeking payment for a parcel of land which the 4. Bill of Rights
nationalgovernmentutilizedfor a road widening 5. Legislature cannot pass irrepealable laws
project.Can the governmentinvoke the doctrine 6. Separation of powers
of non‐suitabilityof the state?
Note: In the view of the new Constitution, the
A: No. When the government expropriates Philippines is not only a representative or republican
state but also shares some aspects of direct
property for public use without paying just
democracy such as “initiative and referendum”.
compensation, it cannot invoke its immunity from
the suit. Otherwise, the right guaranteed in
Section 9, Article III of the 1987 Constitution that

9
Q: What do you understand by Constitutional women by providing safe and healthful

Authoritarianism? working conditions, taking into account
their maternal functions, and such
A: Constitutional authoritarianism as understood facilities and opportunities that will
and practiced in the Marcos regime under the enhance their welfare and enable them to
1973 constitution was the assumption of realize their full potential in the service of
extraordinary powers by the President, including the nation."
legislative and judicial and even constituent
powers. 2. Section 16, Article II of the Constitution
provides: The State shall protect and
Q: Is constitutional authoritarianismcompatible advance the right of the people and their
with a republican state? posterity to a balanced and healthful
ECOLOGY in accord with the rhythm and
A. Yes, if the Constitution upon which the harmony of nature."
Executive bases his assumption of power is a
legitimate expression of the people’s will and if 3. Section 1, Article XVII of the Constitution
the Executive who assumes power received his provides: "The Flag of the Philippines shall
office through a valid election by the people. be red, white, and blue, with a sun and
(Bernas Primer, 2006 Edition) three stars, as consecrated and honored
by the people and recognized by law."
Note: The essence of republicanism is
representation and renovation, the selection by the Section 2, Article XVI of the Constitution
citizenry of a corps of public functionaries who states: “The Congress may by law, adopt a
derive their mandate from the people and act on new name for the country, a national
their behalf, serving for a limited period only, after anthem, or a national seal, which shall all
which they are replaced or retained at the option of be truly reflective and symbolic of the
their principal.
ideals, history, and traditions of the
people. Such law shall take effect only
Q: What is the State policy regarding war?
upon its ratification by the people in a
national referendum."
A: The State renounces war as an instrument of
national policy. (Sec. 2, Art. II, 1987 Constitution)
4. Section 22, Article II of the Constitution
provides: The State recognizes and
Q: Does the Philippinesrenounce defensive war? promotes the rights of indigenous cultural
communities within the framework of
A. No, because it is duty bound to defend its
national unity and development."
citizens. Under the Constitution, the prime duty
of the government is to serve and protect the
Section 5, Article XII of the Constitution
people.
reads: “The State, subject to the
provisions of this Constitution and
Note: The Philippines renounces war as an
national development policies and
instrument of national policy, adopts the generally
programs, shall protect the rights of
accepted principles of international law as part of
indigenous cultural communities to their
the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and ancestral lands to ensure their economic,
amity with all nations. (Section 2, Article II, 1987 social and cultural well‐being.
Constitution)
The Congress may provide for the
Q: What are the policies of the State on the applicability of customary laws governing
following? property rights or relations in determining
1. Working men the ownership and extent of the ancestral
2. Ecology domains."
3. They symbols of statehood
4. Cultural minorities Section 6, Art. XIII of the Constitution
5. Science and Technology provides: “The State shall apply the
principles of agrarian reform or
A: stewardship, whenever applicable in
1. Section 14, Article XIII of the Constitution accordance with law, in the disposition or
provides: "The State shall protect working utilization of other natural resources,
POLITICALLAW TEAM:
VILLAMOR.
including lands of the public domain under research and development, invention,
lease or concession suitable to agriculture, innovation, and their utilization; and to
subject to prior rights, homestead rights of science and technology education,
small settlers, and the rights of indigenous training, services. It shall support
communities to their ancestral lands. indigenous, appropriate, and self‐reliant
scientific and cultural capabilities, and
The State may resettle landless farmers their application to the country's
and farm workers in its own agricultural productive systems and national life."
estates which shall be distributed to them
in the manner provided by law." Section 11, Article XIV of the Constitution
provides: "The Congress may provide for
Section 17, Article XIV of the Constitution incentives, including tax deductions, to
states: "The State shall recognize, respect encourage private participation in
and protect the rights of indigenous programs of basic and applied scientific
cultural communities to preserve and research. Scholarships, grants‐in‐aid or
develop their cultures, traditions, and other forms of Incentives shall be
institutions. It shall consider these rights in provided to deserving science students,
the formulation of national plans and researchers, scientists, investors,
policies." technologists, and specially gifted
citizens."
5. Section 17, Article II of the Constitution
provides: "The State shall give priority to Section 12, Article XIV of the Constitution
Education, Science and Technology, Arts, reads: “The State shall regulate the
Culture and Sports to foster patriotism transfer and promote the adaptation of
and nationalism, accelerate social technology from all sources for the
progress, and promote total human national benefit. It shall encourage widest
liberation and development." participation of private groups, local
governments, and community‐based
Section 14, Article XII of the Constitution organizations in the generation and
reads in part: "The sustained development utilization of science and technology."
of a reservoir of national talents consisting
of Filipino scientists, entrepreneurs, Q: Does the 1987 Constitution provide for a
professionals, managers, high‐level policy of transparency in matters of public
technical manpower and skilled workers concern?

and craftsmen shall be promoted by the
State. The State shall encourage A: Yes, the 1987 Constitution provides for a policy
appropriate technology and regulate its of transparency in matters of public interest:
transfer for the national benefit.
1. Section 28, Article II of the 1987
Sub‐section 2, Section 3, Article XIV of the Constitution provides: "Subject to reasonable
Constitution states: "They (educational conditions prescribed by law, the State
institutions) shall inculcate patriotism and adopts and implements a policy of full
nationalism, foster love of humanity, disclosure of all its transactions involving
respect for human rights, appreciation of public interest,"
the role of national heroes in the historical
development of the country, teach the 2. Section 7, Article III states: "The right of
rights and duties of citizenship, strengthen the people to information on matters of
ethical and spiritual values, develop moral public concern shall be recognized, access to
character and personal discipline, official records, and to documents, and
encourage critical and creative thinking, papers pertaining to official acts,
broaden scientific and technological transactions, or decisions, as well as to
knowledge, and promote vocational government research data used as basis for
efficiency." policy development, shall be afforded the
citizen, subject to such limitations as may be
Section 10, Article XIV of the Constitution provided by law."
declares: "Science and Technology are
essential for national development and 3. Section 20, Article VI reads: "The records
progress. The State shall give priority to and books of account of the Congress shall

11
be preserved and be open to the public in Q: How is civilian supremacy ensured?

accordance with law, and such books shall A:
be audited by the Commission on Audit 1. By the installation of the President, the
which shall publish annually an itemized list highest civilian authority, as the commander‐
of amounts paid to and expenses incurred in‐chief of all the armed forces of the
for each member." Philippines. (Sec. 18, Art. VII, 1987
Constitution)
4. Section 17, Article XI provides: sworn
statement of assets, liabilities and net worth 2. Through the requirement that members of
of the President, the Vice‐President, the the AFP swear to uphold and defend the
Members of the Cabinet, the Congress, the Constitution, which is the fundamental law
Supreme Court, the Constitutional of civil government. (Sec. 5[1], Art. XVI, 1987
Commission and other constitutional offices, Constitution)
and officers of the armed forces with general
or flag rank filed upon their assumption of Q: Can a person avoid the rendition of military
office shall be disclosed to the public in the services to defend the State?
manner provided by law.
A: No. One cannot avoid compulsory military
5. Section 21, Article XII declares: service by invoking one’s religious convictions or
"Information on foreign loans obtained or by saying that he has a sick father and several
guaranteed by the government shall be brothers and sisters to support. Accordingly, the
made available to the public." duty of government to defend the State cannot
be performed except through an army. To leave
Note: These provisions on public disclosures the organization of an army to the will of the
are intended to enhance the role of the citizens would be to make this duty to the
citizenry in governmental decision‐making as Government excusable should there be no
well as in checking abuse in government. sufficient men who volunteer to enlist therein.
(Valmonte vs. Belmonte, G.R. No. 74930, Feb. The right of the Government to require
13, 1989) compulsory military service is a consequence of
its duty to defend the State and is reciprocal with
Q: What is the Doctrine of Incorporation? its duty to defend the life, liberty, and property of
the citizen.” (People v. Zosa, G.R. No. L‐45892‐93,
A: It means that the rules of International law July 13, 1938).
form part of the law of the land and no legislative
action is required to make them applicable in a Q: What are the provisions of the Constitution
country. By this doctrine, the Philippines is bound that support the principle of separation of
by generally accepted principles of international Church and State?
law, which are considered to be automatically
part of our own laws. (Tañada v. Angara, G.R. No. A:
118295, May 2, 1997) 1. The non‐establishment clause. (Sec. 5 of
Art. III)
Q: What is the Doctrine of Auto‐limitation? 2. Sectoral representation in the House of
Representatives. Various sectors may be
A: It is the doctrine where the Philippines adhere represented except the religious sector.
to principles of international law as a limitation to (Par. 2, Sec. 5 of Art. VI)
the exercise of its sovereignty. 3. Religious groups shall not be registered as
political parties. (Par. 5, Sec. 2, Art. IX‐C,
Note: The fact that the international law has been
1987 Constitution)
made part of the law of the land does not by any
means imply the primacy of international law over
Note : Exceptions to the above‐mentioned rule are
national law in the municipal sphere. (Philip Morris,
the following provisons :
Inc. v. CA, G.R. No. 91332, July 16, 1993)
1. Churches, parsonages, etc. actually, directly
Q: What is meant by the principle of Civilian
Supremacy? and exclusively used for religious purposes
shall be exempt from taxation. (Article VI,
Section 28[3]);
A: The civilian authority is, at all times, supreme
over the military. 2. When priest, preacher, minister or dignitary is
assigned to the armed forces, or any penal
POLITICALLAW TEAM:
VILLAMOR.
institution or government orphanage or A: Those which are:

leprosarium, public money may be paid to 1. Found to be constitutionally compelled,
them (Article VI, Section 29 [2 i.e. required by the Free Exercise Clause
(mandatory),
3. Optional religious instruction for public 2. Discretionary or legislative, i.e. not
elementary and high school students (Article required by the Free Exercise Clause
XIV, Section 3 [3
(permissive),
3. Prohibited by the religion clauses
4. Filipino ownership requirement for education
(prohibited).
institutions, except those established by
religious groups and mission boards (Article
Note: Based on the foregoing, and after holding that
XIV, Section 4 [2]).
the Philippine Constitution upholds the benevolent
neutrality doctrine which allows for accommodation,
Q: What is the Strict SeparationistApproach?
the
casesCourt laid down
involving purelythe rule that
conduct in dealing
based with
on religious
A: Under this approach, the establishment clause belief, it shall adopt the strict‐compelling State
was meant to protect the State from the church, interest test because it is most in line with the
and the State’s hostility towards religion allows benevolent neutrality‐accommodation.
no interaction between the two. (Estrada v.
Escritor, A.M. No. P‐02‐1651, June 22, 2006) Q: What is MandatoryAccommodation?
Q: What is the Strict NeutralityApproach? A: This is based on the premise that when
religious conscience conflicts with a government
A: It is not hostile in religion, but it is strict in obligation or prohibition, the government
holding that religion may not be used as a basis sometimes may have to give way. This
for classification for purposes of governmental accommodation occurs when all three conditions
action, whether the action confers rights or of the compelling State interest test are met.
privileges or imposes duties or obligations. Only
secular criteria may be the basis of government Q: What is PermissiveAccommodation?
action. It does not permit, much less require
accommodation of secular programs to religious A: It means that the State may, but is not
belief. (Estrada v. Escritor, A.M. No. P‐02‐1651, required to, accommodate religious interests.
June 22, 2006)
Q: What is ProhibitedAccommodation?
Q: What is the theory of BenevolentNeutrality?
A: This results when the Court finds no basis for a
A: Under this theory the “wall of separation” is mandatory accommodation, or it determines that
meant to protect the church from the State. It the legislative accommodation runs afoul of the
believes that with respect to governmental establishment or the free exercise clause. In this
actions, accommodation of religion may be case, the Court finds that establishment concerns
allowed, not to promote the government’s prevail over potential accommodation interests.
favored form of religion, but to allow individuals
and groups to exercise their religion without Note: The purpose of accommodations is to remove
hindrance. (Estrada v. Escritor, A.M. No. P‐02‐ a burden on, or facilitate the exercise of, a person’s
1651, June 22, 2006) or institution’s religions.
Q: What theory is appliedin the Philippines?

SEPARATIONOF POWERS
A: In the Philippine context, the Court
categorically ruled that, “the Filipino people, in Q: What is the Doctrine of Separation of
adopting the Constitution, manifested their Powers?
adherence to the benevolent neutrality approach
that requires accommodations in interpreting the A: In essence, separation of powers means the
religion clauses. (Estrada v. Escritor, A.M. No. P‐ legislation belongs to Congress, execution to the
02‐1651, June 22, 2006) executive, settlement of legal controversies to the
judiciary. Each is therefore prevented from
Q: What are the three kinds of accommodation invading the domain of the others.
that resultsfrom free exerciseclaim?
Q: What is the purposeof separationof powers?

13
essentially means that legislation belongs to

A: To prevent the concentration of authority in Congress, execution to the Executive and
one person or group of persons that might lead to settlement of legal controversies to the Judiciary.
irreparable error or abuse in its exercise to the Each is prevented from invading the domain of
detriment of republican institutions. The purpose the others. (Senate Blue Ribbon Committee v.
was not to avoid friction, but, by means of the Majaducon, G.R. No. 136760, July 29, 2003)
inevitable friction incident to the distribution of
governmental powers among the three Q: What is the principle of Blending of Powers?
departments, to save the people from autocracy.
1. To secure action A: It is an instance when powers are not confined
2. To forestall over‐action exclusively within one department but are
3. To prevent despotism assigned to or shared by several departments.
4. To obtain efficiency
Examples of the blending of powers are the
Q: What are the powers vested in the three following:
branches of government?
1. Power of appointment which can be
A: exercised by each department and be
Executive Legislative Judiciary rightfully exercised by each department
over its own administrative personnel;
Imple‐ 2. General Appropriations Law – President
Interpretation
mentation of Making of laws prepares the budget which serves as the
of laws
laws (Power of the basis of the bill adopted by Congress;
(Power of
(Power of the purse)
judicial review) 3. Amnesty granted by the President
sword)
requires the concurrence of the majority
of all the members of the Congress; and
Note: Legislative power is given to the Legislature 4. COMELEC does not deputize law‐
whose members hold office for a fixed term (Art. VI, enforcement agencies and
Sec.1); executive power is given to a separate instrumentalities of the government for
Executive who holds office for a fixed term (Art. VII, the purpose of ensuring free, orderly,
Sec.1); and judicial power is held by an independent honest, peaceful and credible elections
Judiciary. (Art. VIII, Sec.1)
alone (consent of the President is
required)
Q: A group of losing litigants in a case decided by
the SC filed a complaint before the Ombudsman
charging the Justices with knowingly and
CHECKS AND BALANCES
deliberatelyrendering an unjust decision in utter
violation of the penal laws of the land. Can the
Q: What is the principle of Checks and Balances?
Ombudsmanvalidly take cognizanceof the case?
A: It allows one department to resist

A: No. Pursuant to the principle of separation of
encroachments upon its prerogatives or to rectify
powers, the correctness of the decisions of the SC
mistakes or excesses committed by the other
as final arbiter of all justiciable disputes is
departments.
conclusive upon all other departments of the
government; the Ombudsman has no power to
Q: How does the Executive Check the other two
review the decisions of the SC by entertaining a
branches?
complaint against the Justices of the SC for
knowingly rendering an unjust decision. (In re:
A:
Laureta, G.R. No. L‐68635, May 14, 1987)
EXECUTIVECHECK
Le g i s l a t i v e J ud ic ia r y
Q: May the RTC or any court prohibit a
1. Through its power of
committee of the Senate like the Blue Ribbon
pardon, it may set aside
Committee from requiring a person to appear the judgment of the
before it when it is conducting investigation in Through its
aid of legislation? veto power judiciary.
2. Also by power of
appointment – power to
A: No, because that would be violative of the appoint members of the
principle of separation of powers. The principle Judiciary.
POLITICALLAW TEAM:
VILLAMOR.
public official rests solely in the executive

Q: How does Legislature check the other two department; the legislature cannot delegate a
branches? power/duty to the SC to investigate the conduct and
behavior of executive officials otherwise, it would be
A: unconstitutional as per violation of the doctrine of
LEGISLATIVECHECK separation of powers. (Noblejas v. Teehankee, G.R.
No. L‐28790, Apr. 29, 1968)
Executive Judiciary
1. Override the Revoke or amend the
The first and safest criterion to determine whether a
veto of the decisions by either:
given power has been validly exercised by a
President 1. Enacting a new law
particular department is whether or not the power
2. Reject certain 2. Amending the old law,
has been constitutionally conferred upon the
appointments giving it certain
department claiming its exercise. However, even in
made by the definition and
the absence of express conferment, the exercise of
president interpretation different
from the old the power may be justified under the Doctrine of
Necessary Implication ‐ the grant of express power
3. Revoke the 3. Impeachment of SC
carried with it all other powers that may be
proclamation members
reasonably inferred from it.
of martial law
or suspension
of the writ of
habeas corpus DELEGATIONOF POWERS
4. Impeachment 4. Define, prescribe,
apportion jurisdiction of Q: Can a delegatedpower be re‐delegated?
lower courts:
a. Prescribe the A:
qualifications of GR: No. Delegated power constitutes not only
lower court a right but a duty to be performed by the
judges delegate through the instrumentality of his
b. Impeachment own judgment and not through the
c. Determination of intervening mind of another.
salaries of judges.
5. Determine the XPN: Permissible delegations: PETAL
salaries of the
president or 1. Delegation to the People through
vice president
initiative and referendum. (Sec. 1, Art.
VI, 1987 Constitution)
Q: How does the Judiciary check the other two 2. Emergency powers delegated by
branches? Congress to the President. (Sec. 23, Art.
VI)
A:
JUDICIAL CHECK
The conditions for the vesture of
Executive Legislative
emergency powers are the following:
It may declare (through the SC
as the final arbiter) the acts of
a. There must be war or other
both the legislature and
national emergency
executive as unconstitutional
b. The delegation is for a limited
or invalid so long as there is
grave abuse of discretion. period only
c. Delegation is subject to restrictions
Note: Often times, due to the principle of separation as Congress may prescribe
of powers, the Supreme Court refuses to pass upon d. Emergency powers must be
the constitutionality of the laws so long as it can use exercised to carry a national policy
other basis for deciding the case. declared by Congress
The legislature cannot, upon passing a law which 3. Congress may delegate Tariff powers to
the President. (Sec. 28 (2), Art. VI)
violates
prevent aan
constitutional provision,
attack thereon validate
in the it so by
courts, as to
a
declaration that it shall be so construed as not to Note: The Tariff and Customs Code is the
violate the constitutional inhibition (Endencia v. enabling law that grants such powers to
David, G.R. No. L‐6355‐56 Aug. 31, 1953). The right the president.
and responsibility to investigate and suspend a

15
The power to impose tariffs in the first step into the shoes of the legislature and exercise
place is not inherent in the President but discretion in order to repair the omissions.
arises only from congressional grant. Thus,
it is the prerogative of Congress to impose Q: What is the distinction between the
limitations and restrictions on such President’s authority to declare a state of
powers which do not normally belong to national emergency and her authority to
the executive in the first place. (Southern exercise emergencypowers?
Cross Cement Corporation v. Philippine
Cement Manufacturing Corp., G.R. No.
A: The President’s authority to:
158540, Aug. 3, 2005)
Declarea State of ExerciseEmergency
NationalEmergency Powers
4. Delegation to Administrative bodies –
Granted by the Requires a delegation
also known as power of subordinate Constitution, no from Congress. (David,
legislation. legitimate objection can et al. v. Gloria
be raised. Macapagal‐Arroyo, et
Note: This refers to the authority vested al., G.R. No. 171396,
by Congress to the administrative bodies May 3, 2006)
to “fill in the details” which Congress
cannot provide due to lack of opportunity Note: Conferment of
or competence. Such includes the making emergency powers on
of supplementary rules and regulations. the President is not
Such have the force and effect of law. mandatory on Congress.
5. Delegation to Local Governments – It is

not regarded as a transfer of general FORMS OF GOVERNMENT
legislative power, but rather as the
grant of authority to prescribe local
Q: What is the form of government of the
regulations.
Philippines?
Note: Congress can only delegate, usually

A: The Philippines adheres to the presidential
to administrative agencies, Rule‐Making
system.
Power.
Q: What is the principal identifying feature of a
Q: What are the two tests of valid delegation?
presidentialform of government?
A:
A: The principal identifying feature of a
1. Completeness Test‐ law must be
presidential form of government is embodied in
complete in all essential terms and
the separation of powers doctrine.
conditions when it leaves the
legislature so that there will be Note: In presidential system, the President is both
nothing left for the delegate to do the head of State and the head of government.
when it reaches him except to
enforce it. Q: What are the essential characteristics of a
parliamentaryform of government?
2. Sufficient Standard Test‐ if law does
not spell out in detail the limits of the A:
delegate’s authority, it may be 1. The members of the government or cabinet
sustained if delegation is made or the executive arm are, as a rule,
subject to a sufficient standard. simultaneously members of the legislature;
Note: SUFFICIENT STANDARD – maps 2. The government or cabinet consisting of the

out the boundaries of the delegate’s political leaders of the majority party or of a
authority and indicating the
coalition who are also members of the
circumstances under which it is to be
legislature, is in effect a committee of the
pursued and effected (purpose: prevent
total transference of legislative power). legislature;
3. The government or cabinet has a pyramidal

Note: INVALID DELEGATION OF LEGISLATIVE
POWER–If there are gaps that will prevent its
structure at the apex of which is the Prime
enforcement, delegate is given the opportunity to Minister or his equivalent;
POLITICALLAW TEAM:
VILLAMOR.
4. The government or cabinet remains in power Q: What are the classificationsof governmenton
only for so long as it enjoys the support of the basis of legitimacy?
the majority of the legislature;
A:
5. Both government and legislature are 1. De jure government. A government
possessed of control devices which each can truly and lawfully established by the
demand of the other immediate political Constitution of a State but which having
responsibility. In the hands of the legislature been in the meantime displaced is
is the vote of non‐confidence (censure) actually cut off from power or control.
whereby government may be ousted. In the 2. De facto government. A government of
hands of the government is the power to fact; one actually exercising power and
dissolve the legislature and call for new control in the State as opposed to the
elections. true and lawful government.
Q: What are the functionsof the Government? Q: What are the kinds of a de facto government?
A: A:
1. Constituent – mandatory for the 1. De facto proper – government that gets
government to perform because they possession and control of, or usurps, by
constitute the very bonds of society. force or by the voice of the majority,
the rightful legal government and
2. Ministrant – intended to promote the maintains itself against the will of the
welfare, progress and prosperity of the latter;
people. 2. Government of paramount force –
established and maintained by military
Note: Distinction of function is no longer relevant forces who invade and occupy a
because the Constitution obligates the State to territory of the enemy in the course of
promote social justice and has repudiated the laissez war; and
faire policy (ACCFA v. Federation of Labor Unions, 3. Independent government – established
G.R. No. L‐221484, Nov. 29, 1969). However, in
by the inhabitants of the country who
Shipside Incorporated v. CA (G.R. No. 143377, Feb.
rise in insurrection against the parent
20, 2001), the nature of the function of the BCDA
State. (Kop Kim Cham v. Valdez Tan Key,
was a factor to determine the locus standi of the
G.R. No. L‐ 5, Sept. 17, 1945)
Government.
Q: Does the Bases Conversion Development

Authority (BCDA) exercise constituent or
ministrantfunction?
A: While public benefit and public welfare,

particularly, the promotion of the economic and
social development of Central Luzon, may be
attributable to the operation of the BCDA, yet it is
certain that the functions performed by the BCDA
are basically proprietary in nature. Other
corporations have been created by government
to act as its agents for the realization of its
programs, the SSS, GSIS, NAWASA and the NIA, to
count a few, and yet, the Court has ruled that
these entities, although performing functions
aimed at promoting public interest and public
welfare, are not government‐function
corporations invested with governmental
attributes. It may thus be said that the BCDA is
not a mere agency of the Government but a

corporate body performing proprietary functions.
(Shipside Incorporated v. CA, G.R. No.
143377, Feb. 20, 2001)

17
C. LEGISLATIVEDEPARTMENT citizen of the Phils. the Phils.

2. At least 35 years of 2. At least 25 years of age
Q: To what body is legislativepower vested? age on the day of on the day of election.
election. 3. Able to read and write.
A: 3. Able to read and 4. Except the party‐list
write. reps, a registered voter
GR: Congress
4. Resident of the in the district in which
Phils. for not less he shall be elected.
XPN: Powers reserved to the people by the
than 2 years 5. Resident thereof for a
provision on initiative and referendum.
immediately period of not less than 1
preceding the day year immediately
Q: What are the classes of legislativepower? of election. proceeding the day of
the election.
A: ODeCO
1. Original: Possessed by the people in Term of office
6 years, commencing
their sovereign capacity i.e. initiative at noon on the 30
th
3 years, commencing at
and referendum. day of June next th
noon on the 30 day of
2. Delegated: Possessed by Congress and following their
June next following their
other legislative bodies by virtue of the election.
election.
Constitution.
3. Constituent: The power to amend or Term limit: Only up to
Term limit: No member of
revise the Constitution. 2 consecutive terms.
the HoR shall serve for
4. Ordinary: The power to pass ordinary However, they may
more than 3 consecutive
laws. serve for more than 2
terms.
terms provided that
the terms are not
Q: What are the limitations on the legislative
consecutive.
power of Congress?
Q: Discuss the disqualifications of members of

A:
Congress.
1. Substantive: limitations on the content
of laws.
A:
2. Procedural: limitations on the manner
Sen a t e H oR
of passing laws.
1. No Senator shall serve 1. Shall not serve for
3. Congress cannot pass irrepealable laws.
4. Congress, as a general rule, cannot for more than 2 more than three (3)
consecutive terms. consecutive terms (Sec.
delegate its legislative power. Voluntary renunciation 7, Article VI).
of the office for any
Note: The Congress of the Philippines is a bicameral length of time shall not
body composed of a Senate and House of be considered as an
Representatives, the first being considered as the interruption in the
upper house and the second the lower house. continuity of his service
for the full term for
which he was elected
HOUSES OF CONGRESS (Section 4, Article VI).
Compositions,Qualificationsand Terms of Office 2. One who has been 2. One who has been
declared by competent declared by competent
Q: Discuss the composition, qualifications, and authority as insane or authority as insane or
term of office of members of Congress. incompetent incompetent
A: 3. One who has been 3. One who has been

sentenced by final sentenced by final
judgment for: judgment for:
SENATE HoR
Composition
a. Subversion; a. Subversion;
24 Senators (elected Not more than 250 b. Insurrection; b. Insurrection;
at large by qualified members, unless otherwise
c. Rebellion; c. Rebellion;
Filipino voters) provided by law.
d. Any offense for d. Any offense for
Qualifications
which he has been which he has been
1. Natural‐born 1. Natural‐born citizen of sentenced to a
sentenced to a
POLITICALLAW TEAM:
VILLAMOR.
LEGISLATIVE DEPARTMENT
penalty of not more penalty of not more A:

than 18 months; or than 18 months; or District R epr es ent a ti ve P a r t y‐list
e. A crime involving e. A crime Representative
moral turpitude, involving moral
unless given plenary turpitude, unless 1. Elected according 1. Elected nationally
pardon or given plenary pardon to legislative with party‐list
granted amnesty. or granted district by the organizations
(Section 12, BP 881) amnesty. (Section 12, constituents of garnering at least
BP 881) such district; 3% of all votes cast
2. Must be a resident for the party‐list
Note: The term of office prescribed by the of his legislative system entitled to
Constitution may not be extended or shortened by district for at least 1 seat, which is
the legislature, but the period during which an 1 year immediately increased
officer actually holds the office (tenure) may be before the according to
affected by circumstances within or beyond the election; proportional
power of said officer. Tenure may be shorter than 3. Elected personally, representation, but
the term or it may not exist at all. These situations by name; is in no way to
will not change the duration of the term of office. 4. Does not lose seat exceed 3 seats per
if he/she changes organization;
Q: How can members of Congress be removed party or affiliation; 2. No special
from their respectiveoffices? 5. In case of vacancy, residency
a special election requirement;
A: may be held 3. Voted upon by
SENATORS MEMBERS OF THE provided that the party or
HOUSE OF vacancy takes place organization. It is
REPRESENTATIVES at least 1 year only when a party
(HoR) before the next is entitled to
Expulsion by the Senate Expulsion by the House election; representation
with the concurrence of is with the concurrence 6. A district that it designates
2/3 of all its members. of 2/3 of all its representative is who will sit as
(Sec. 16, par. 3, Article members. (Sec. 16, par. not prevented from representative;
VI) 3, Art. VI) running again as a 4. If he/she changes
district party or affiliation,
representative if loses his seat, in
Q: Can Congress or COMELEC impose an
he/she lost during which case he/she
additional qualification for candidates for
senator? the previous will be substituted
election; and by another
7. A change in qualified person in
A: No. The Congress cannot validly amend or affiliation within the party
otherwise modify these qualification standards, months prior to /organization
as it cannot disregard, evade, or weaken the force election does not based on the list
of a constitutional mandate, or alter or enlarge prevent a district submitted to the
the Constitution (Cordora v. COMELEC, G.R. No. representative COMELEC;
176947, Feb. 19, 2009; Social Justice Society v. from running under 5. In case of vacancy,
DDB and PDEA, G.R Nos. 157870, 158633, his new party. a substitution will
161658, Nov. 3, 2008). be made within the
party, based on the
Q: What is the rule on voluntaryrenunciationof list submitted to the
office for any lengthof time? COMELEC;
6. A party‐list
representative
A: It shall not be considered as an interruption in
cannot sit if he ran
the continuity of his service for the full term for
and lost in the
which he was elected (Sec. 4, Article VI).
previous election;
and
7. A change in
House of Representatives(HoR) affiliation within 6
months prior to
Q: What is the compositionof HoR? election prohibits
the party‐list
representatives
from listing as

19
representative 2. Each legislative district shall comprise

under his new party contiguous, compact and adjacent
or organization. territory. (This condition is not
absolute)
DISTRICTREPRESENTATIVESAND QUESTIONSOF
APPORTIONMENT 3. Each city with a population of at least
250,000 or each province shall at least
Q: Who are district representatives? have one representative.
A: District representatives are those who were 4. Legislative districts shall be re‐
elected from legislative districts apportioned apportioned by Congress within 3 years
among the provinces, cities and the Metropolitan after the return of each census (Senator
Manila area. Aquino III v. COMELEC, G.R. No. 189793,
April 7, 2010.
Q: How are legislativedistricts apportioned?
Note: GR: There must be proportional
A: Legislative districts are apportioned among the representation according to the number of their
provinces, cities, and the Metropolitan Manila constituents/inhabitants
area. They are apportioned in accordance with
XPN: In one city‐one representative/one province‐
the number of their respect inhabitants and on
one representative rule.
the basis of a uniform and progressive ratio.
(Section 5, Article VI, 1987Constitution)
Note: Where a town is converted to a highly
urbanized city with a population of not less than
Each city with a population of at least 250,000 250, 000, the creation of a separate congressional
shall have at least one representative. Each district is in keeping with the one city‐one
province shall have at least one representative. representative/one province‐one representative
rule.
Note: The question of the validity of an
apportionment law is a justiciable question. (Macias A city which has exceeded the number of 250, 000
v. Comelec, G.R. No. L‐18684, September 14, 1961) inhabitants is entitled to one representative.
Q: What are the conditions for apportionment? Q: What is the reason for such rule?
A: A: The underlying principle behind the rule for

1. Elected from legislative districts which apportionment is the concept of equality of
are apportioned in accordance with the representation which is a basic principle of
number of inhabitants of each area and republicanism. One man’s vote should carry as
on the basis of a uniform and much weight as the vote of every other man.
progressive ratio:
Note: Section 5 provides that the House shall be
a. Uniform – Every representative of composed of not more than 250 members unless
Congress shall represent a territorial otherwise provided by law. Thus, Congress itself may
unit with more or less 250,000 by law increase the composition of the HR. (Tobias v.
population. All the other Abalos, G.R. No. L‐114783, December 8, 1994)
representatives shall have the same or
nearly the same political constituency As such, when one of the municipalities of a
so much so that their votes will congressional district is converted to a city large
constitute the popular majority. enough to entitle it to one legislative district, the
incidental effect is the splitting of district into two.
The incidental arising of a new district in this manner
b. Progressive – It must respond to the
need not be preceded by a census. (Tobias v.
change in times. The number of House
Abalos, G.R. No. L‐114783, December 8, 1994)
representatives must not be so big as to
be unwieldy. (Let us say, there is a
Q: How should the reapportionmentbe made?
growth in population. The ratio may
then be increased. From 250,000
A: Reapportionment can be made thru a special
constituents/1 representative it may be
law. (Mariano, Jr. vs. COMELEC, G.R. No. 118577,
reapportioned to 300, 000
March 7, 1995)
constituents/1 representative).
POLITICALLAW TEAM:
VILLAMOR.
Note: In Montejo vs. COMELEC, it was held that nominates and supports certain of its
while concededly the conversion of Biliran into a leaders and members as candidate in
regular province brought about an imbalance in the public office (Bayan Muna v. COMELEC,
distribution of voters and inhabitants in the 5 G.R. No. 147612, June 28, 2001)
districts of Leyte, the issue involves reapportionment
of legislative districts, and Petitioner’s remedy lies 2. National party – its constituency is
with Congress. This Court cannot itself make the
spread over the geographical territory
reapportionment as petitioner would want.
of at least a majority of regions
(Montejo vs. COMELEC G.R. No. 118702, March 16,
1995)
3. Regional party – its constituency is
spread over the geographical territory
Q: What is Gerrymandering?Is it allowed?
of at least a majority of the cities and
provinces comprising the region
A: Gerrymandering is the formation of one
legislative district out of separate territories for
4. Sectoral party – organized group of
the purpose of favoring a candidate or a party. It
citizens belonging to any of the
is not allowed because the Constitution provides
following sectors: labor, peasant,
that each district shall comprise, as far as
fisherfolk, urban poor, indigenous,
practicable, contiguous, compact and adjacent
cultural communities, elderly,
territory (Bernas, Reviewer in Philippine
handicapped, women, youth, veterans,
Constitution, p. 186)
overseas workers and professionals,
whose principal advocacy pertains to
the special interest and concerns of
PARTY‐LIST SYSTEM
their sectors.
Q: Discussthe Party‐List System.

5. Sectoral Organization – refers to a
group of citizens who share similar
A: Party‐list representatives shall constitute 20%
physical attributes or characteristics,
of the total number of representatives in the
employment, interest or concerns.
House of Representatives. (Sec. 5 [2], Art. VI, 1987
Constitution)
6. Coalition – refers to an aggregation of
duly registered national, regional,
Party‐list system is a mechanism of proportional
sectoral parties or organizations for
representation in the election of representatives
to the HoR from national, regional and sectoral political and/or election purposes.
parties or organizations or coalitions thereof
Q: If one were to analyzethe Constitutionaland
registered with the COMELEC.
statutoryexamplesof qualifiedparties,it should
be evident that they representwhat classes?
A free and open party system shall be allowed to
evolve according to the free choice of the people.
A:
(Sec. 2 [5], Art. IX‐C, 1987 Constitution) Political
Broad *Narrow SpecificallyDefined
parties registered under the party‐list system
Definition Definition Groups
shall be entitled to appoint poll watchers in
Working Labor Carpenters, security
accordance with law. (Sec. 8, Art. IX‐C, 1987 Class guards, microchip
Constitution) factory workers,
barbers, tricycle drivers
Q: Discuss the differentparties under the party‐ Economically Urban Informal settlers, the
list system Deprived Poor jobless, persons
displaced by domestic
A: No votes cast in favor of political party, wars
organization or coalition shall be valid except for The Women Working women,
those registered under the party‐list system. Vulnerable battered women,
victims of slavery
1. Political party – organized group of Work Handi‐ Deaf and dumb, the
citizens advocating ideology or Impaired Capped blind, people on
platform, principles and policies for the wheelchairs (Separate
general conduct of government and Opinion of Justice
which, as the most immediate means of Abad, Ang Ladlad LGBT
Party v. COMELEC, G.R.
securing their adoption, regularly

21
No. 190582, Apr. 8, 5. Except for matters the COMELEC can

2010) take judicial notice of, the party
applying for accreditation must prove
Note: Obviously, the level of representation desired its claims by clear and convincing
by both the Constitution and R.A. 7941 for the party‐ evidence. (Separate Opinion of Justice
list system is the second, the narrow definition of Abad, Ang Ladlad LGBT Party v.
the sector that the law regards as "marginalized and COMELEC, G.R. No. 190582, Apr. 8,
underrepresented." The implication of this is that, if 2010)
any of the sub‐groupings (the carpenters, the
security guards, the microchips factory workers, the
Q: Has the Ang Ladlad Party‐List amply proved
barbers, the tricycle drivers in the example) within
that it meets the requirementsfor sectoral party
the sector desires to apply for accreditation as a
accreditation?
party‐list group, it must compete with other sub‐
groups for the

the House seat allotted to the
of Representatives. This"labor
is the sector" in
apparent A: Yes. Their members are in the vulnerable class
intent of the Constitution and the law. (Separate like the women and the youth. Ang Ladlad
Opinion of Justice Abad, Ang Ladlad LGBT Party v. represents a narrow definition of its class (LGBTs)
COMELEC, G.R. No. 190582, Apr. 8, 2010) rather than a concrete and specific definition of a
sub‐group within the class (group of gay
Q: What groups are disqualifiedfor registration? beauticians, for example). The people that Ang
Ladlad seeks to represent have a national
A: presence. (Separate Opinion of Justice Abad, Ang
1. Religious denominations or sects. Ladlad LGBT Party v. COMELEC, G.R. No. 190582,
2. Those who seek to achieve their goals Apr. 8, 2010)
through violence or unlawful means.
3. Those who refuse to uphold and adhere Q: What are the grounds for the cancellation of
to the Constitution; and registration?
4. Those supported by foreign
governments (Ang Bagong Bayani‐OFW A:
Labor Party, v. COMELEC, G.R. No. 1. Accepting financial contributions from
147589, June 25, 2003) foreign governments or agencies; and
2. Failure to obtain at least 10% of the
Q: In sum, what are the requirements for a votes casts in the constituency where
group to qualify for sectoral party accreditation? the party fielded candidates. (Ang
Bagong Bayani‐OFW Labor Party, v.
A: COMELEC, G.R. No. 147589, June 25,
1. The applying party must show that it 2003)
represents the "marginalized and
underrepresented," exemplified by the Q: Can major political parties participate in the
working class, the service class, the party‐list elections?
economically deprived, the social
outcasts, the vulnerable, the work A: No. It is not open to all but only to the
impaired, or some such similar class of marginalized and the underrepresented. Allowing
persons. all individuals and groups, including those which
2. The applying party should be now dominate district elections, to have the same
characterized by a shared advocacy for opportunity to participate in the party‐list
genuine issues affecting basic human elections would desecrate this lofty objective and
rights as these apply to the sector it mongrelize the social justice mechanism into an
represents. atrocious veneer for traditional politics. (Ang
3. The applying party must share the Bagong Bayani‐OFW Labor Party v. COMELEC,
cause of their sector, narrowly defined G.R. No. 147589, June 26, 2001)
as shown above. If such party is a sub‐
group within that sector, it must Q: Who shall be voted?
compete with other sub‐groups for the
seat allocated to their sector. A: The registered national, regional or sectoral
4. The members of the party seeking party‐list groups or organizations and not their
accreditation must have an inherent candidates.
regional or national presence.
Q: Who are elected into office?
POLITICALLAW TEAM:
VILLAMOR.
A: It is the party‐list representatives who are Q: Does the ConstitutionprecludeCongressfrom

elected into office, not their parties or increasingits membership?
organizations. These representatives are elected,
however, through that peculiar party‐list system A: The Constitution does not preclude Congress
that the Constitution authorized and that from increasing its membership by passing a law,
Congress by law established where the voters other than a general re‐apportionment law. Thus,
cast their votes for the organizations or parties to a law converting a municipality into a highly
which such party‐list representatives belong. urbanized city automatically creates a new
(Abayon v. HRET, G.R. No. 189466, Feb. 11, 2010) legislative district, and consequently increases the
membership of the HoR (Mariano v. COMELEC,
Q: What are the qualifications of party‐list G.R No. 118577, Mar. 7, 1995).
nominees?
Q: What is the formula mandated by the
A: Constitution in determining the number of
1. Natural‐ born citizen of the Philippines party‐list representatives?
2. Registered voter
3. Resident of the Philippines for at least 1 A: The House of Representatives shall be
year immediately preceding the day of composed of not more than 250 members, unless
the election otherwise fixed by law. (Section 5 [1], Article VI of
4. Able to read and write the 1987 Constitution).
5. Bona fide member of the party or
organization which he seeks to The number of seats available to party‐list
represent at least 90 days preceding representatives is based on the: Ratio of party‐list
election day representatives to the total number of
6. At least 25 years of age. (not more than representatives.
30 years old for nominees for youth
sector) Accordingly, we compute the number of seats
available to party‐list representatives from the
Note: There is absolutely nothing in R.A. 7941 that number of legislative districts.
prohibits COMELEC from disclosing or even
publishing through mediums other than the
Number of
“Certified List” the names of the party‐list nominees.
seats available Number of
As may be noted, no national security or like
to legislative seats
concerns is involved in the disclosure of the names x 0.20 =
of the party‐list groups in question (Bantay RA 7941 districts available to
v. COMELEC, G.R. No. 177271; G.R. No. 177314, May party‐list
4, 2007) representatives
0.80
Q: What is the effect of change of affiliationany

This formula allows for the corresponding
party‐list representative?
increase in the number of seats available for
party‐list representatives whenever a legislative
A: Any elected party‐list representative who
district is created by law.
changes his political party or sectoral affiliation
during his term of office shall forfeit his seat;
After prescribing the ratio of the number of party‐
provided that if he changes his political party or
list representatives to the total number of
sectoral affiliation within 6 months before an
representatives, the Constitution left the manner
election, he shall not be eligible for nomination as
of allocating the seats available to party‐list
party‐list representative under his new party or
representatives to the wisdom of the legislature.
organization (Amores v. HRET, G.R. No. 189600,
(BANAT v. COMELEC, G.R. No. 179271, April 21,
June 29, 2010).
2009)
Note: In case of vacancy in the seat reserved for
Q: How shall the party‐list representativeseats
party‐list representatives, the vacancy shall be
be allocated?
automatically filled by the next representative from
the list of nominees

COMELEC in the party,
by the same order submitted to the
organization or A: In determining the allocation of seats for party‐
coalition, who shall serve for the unexpired term. If list representatives under Section 11 of R.A. No.
the list is exhausted, the party, organization or 7941, the following procedure shall be observed:
coalition concerned shall submit additional
nominees.

23
1. The parties, organizations, and A: Legislators are privileged from arrest while
coalitions shall be ranked from the Congress is “in session” with respect to offenses
highest to the lowest based on the punishable by up to 6 years of imprisonment.
number of votes they garnered during
the elections. Q: What is the purpose of parliamentary
2. The parties, organizations, and immunities?
coalitions receiving at least 2% of the
total votes cast for the party‐list system A: It is not for the benefit of the officials; rather, it
shall be entitled to one guaranteed seat is to protect and support the rights of the people
each. by ensuring that their representatives are doing
3. Those garnering sufficient number of their jobs according to the dictates of their
votes, according to the ranking in conscience. It is indispensable no matter how
paragraph 1, shall be entitled to powerful the offended party is.
additional seats in proportion to their
total number of votes until all the Q: May a congressman who committed an
additional seats are allocated. offense punishable for not more than 6 years,
4. Each party, organization, or coalition but is not attending session, be arrested?
shall be entitled to not more than 3
seats. A: No. So long as he is an incumbent
congressman, and so long as Congress is in
Note: In computing the additional seats, the session, whether or not he is attending it, he shall
guaranteed seats shall no longer be included be immune from arrest. (People of the Philippines
because they have already been allocated, at one v. Jalosjos, G.R. Nos. 132875‐76, February 3,
seat each, to every two percent. Thus, the 2000).
remaining available seats for allocation as
“additional seats” are the maximum seats reserved Q: Can a senator‐lawyer be disbarred or
under the party‐list system less the guaranteed
disciplined by the Supreme Court for statements
seats. Fractional seats are disregarded in the
made during a privilege speech?
absence of a provision in R.A. 7941 allowing for a
rounding off of fractional seats. (BANAT v. COMELEC,
A: No. Indeed, the senator‐lawyer’s privilege
G.R. No. 179271, April 21, 2009)
speech is not actionable criminally or in a
disciplinary proceeding under the Rules of Court.
Q: Is the two percent threshold prescribed in
The Court, however, would be remiss in its duty if
Section 11 (b) R.A. 7941 constitutional?
it let the Senator’s offensive and disrespectful
language that definitely tended to denigrate the
A: No. The Court therefore strikes down the two
institution pass by. It is imperative on the Court’s
percent threshold only in relation to the
part to re‐instill in Senator/Atty. Santiago her
distribution of the additional seats as found in the
duty to respect courts of justice, especially this
second clause of Section 11 (b) of RA 7941. The
Tribunal, and remind her anew that
two percent threshold presents an unwarranted
parliamentary non‐accountability thus granted to
obstacle to the full implementation of Section
members of Congress is not to protect them
5(2), Article VI of the Constitution and prevents
against prosecutions for their own benefit, but to
the attainment of the “broadest possible
enable them, as the people’s representatives, to
representation of party, sectoral or group
perform the functions of their office without fear
interests in the House of Representatives”.
of being made responsible before the courts or
(BANAT v. COMELEC, G.R. No. 179271, April 21,
other forums outside the congressional hall. It is
2009)
intended to protect members of congress against
government pressure and intimidation aimed at
influencing the decision‐making prerogatives of
LEGISLATIVEPRIVILEGES,INHIBITIONSAND
DISQUALIFICATIONS
Congress and its members. (Pobre v. Sen.
Defensor‐Santiago, A.C. No. 7399, Aug. 25, 2009)
Q: Is Congress considered in session during a

a. PARLIAMENTARYIMMUNITIESAND
LEGISLATIVEPRIVILEGES recess?
A: No. It is not in session. During a recess, a

Q: What is immunity from arrest?
congressman who has committed an offense
POLITICALLAW TEAM:
VILLAMOR.
punishable by not more than 6 years Note: To invoke the privilege of speech, the matter
imprisonment may be arrested. must be oral and must be proven to be indeed
privileged.
Q: Is there immunityfrom searches?
Q: What does speechor debate encompass?
A: No. The Constitution provides only a privilege
from arrest in order to ensure the attendance of A: It includes a vote or passage of a resolution, all
Congressmen. the utterances made by Congressmen in the
performance of their functions such as speeches
Q: What is legislativeprivilege? delivered, statements made, or votes casts in the
halls of Congress. It also includes bills introduced
A: No member shall be questioned or held liable in Congress (whether or not it is in session) and all
in any forum other than his/her respective the other utterances (made outside or inside the
Congressional body for any debate or speech in premises of with

accordance Congress) providedfunction.
a legislative they are(Jimenez,
made in
Congress or in any committee thereof. (Sec. 11,
Article VI; Pobre v. Sen. Santiago, A.C. No, 7399, v. Cabangbang, G.R. No. L‐15905, August 3, 1966)
August 25, 2009)
Note: The purpose of the privilege is to insure the
Q: What are the limitations on legislative effective discharge of functions of Congress. The
privilege may be abused but it is said that such is not
privilege?
so damaging or detrimental as compared to the
denial or withdrawal of such privilege.
A:
1. Protection is only against forum other
Q: Does publication fall under the scope of
than Congress itself. Thus, for defamatory
speech?
remarks, which are otherwise privileged, a
member may be sanctioned by either the
A: No, not all the time. The same shall be made
Senate or the House as the case may be.
while Congress is in session and not during its
recess. However, if publication is made when
2. The “speech or debate” must be made in
Congress is not in session, it is not privileged
performance of their duties as members
because Congressman is said to be not acting as
of Congress.
congressman. (Jimenez, v. Cabangbang, G.R. No.
L‐15905, August 3, 1966)
Q: Can the Sandiganbayanorder the preventive
suspension of a Member
prosecuted criminally of violation
for the the HoR ofbeing
the
b. INCOMPATIBLEAND FORBIDDENOFFICES
Anti‐Graft and CorruptPracticesAct?
Q: What are the prohibitions attached to a

A: Yes. In Paredes, Jr. v. Sandiganbayan, the Court
legislatorduring his term?
held that the accused cannot validly argue that
only his peers in the House of Representatives
A:
can suspend him because the court‐ordered
1. Incompatible office – “No senator or
suspension is a preventive measure that is
member of the House of
different and distinct from the suspension
Representatives may hold any other
ordered by his peers for disorderly behaviour
office or employment in the
which is a penalty. (Paredes, Jr. v. Sandiganbayan,
Government, or any subdivision,
GR 118354, August 8, 1995)
agency, or instrumentality thereof,
including government owned and
Q: What are the two (2) requirementsfor the
controlled corporations or their
privilegeof Speech and Debateto be availedof?
subsidiaries during his term without
forfeiting his seat” (Sec. 13, Article VI,
A:
1987 Constitution)
1. That the remarks must be made while the
legislature or the legislative committee is
Note: Forfeiture of the seat in Congress
functioning, that is in session
shall be automatic upon the member’s
assumption of such other office deemed
2. That they must be made in connection incompatible with his seat in Congress.
with the discharge of official duties. However, no forfeiture shall take place if
the member of Congress holds the other

25
government office in an ex‐officio The auxiliary status of a Red Cross Society means
capacity. that it is at one and the same time a private
institution and a public service organization
2. Forbidden office – Neither shall a because the very nature of its work implies
senator or a member of the House of cooperation with the authorities, a link with the
Representatives be appointed to any State. In carrying out their major functions, Red
office which may have been created or Cross Societies give their humanitarian support to
the emoluments thereof increased official bodies, in general having larger resources
during the term for which he was than the Societies, working towards comparable
elected. (Sec. 13, Art. VI, 1987 ends in a given sector. (Liban v. Gordon, G. R. No.
Constitution) 175352, January 18, 2011)
Note: With this, even if the member of the

Congress is willing to forfeit his seat c. PARLIAMENTARYINHIBITIONS&
therein, he may not be appointed to any DISQUALIFICATIONS
office in the government that has been
created or the emoluments thereof have
Q: What are the particular inhibitions attached
been increased during his term. Such a
to their office?
position is forbidden office. The purpose is
to prevent trafficking in public office.
A:
The provision does not apply to elective 1. “Personally” appearing as counsel
offices. before any court of justice or before the
Electoral Tribunals, or quasi‐judicial or
The appointment of the member of the other administrative bodies. (Sec. 14)
Congress to the forbidden office is not 2. Upon assumption of office, must make
allowed only during the term for which he a full disclosure of financial and
was elected, when such office was created business interests. Shall notify the
or its emoluments were increased. After House concerned of a potential conflict
such term, and even if the legislator is re‐ in interest that may arise from the filing
elected, the disqualification no longer of a proposed legislation of which they
applies and he may therefore be are authors. (Sec. 12, Article VI)
appointed to the office.
Q: What are the disqualifications attached to
Q: While it is performing humanitarianfunctions their office and when are they applicable?
as an auxiliary to government,is the Structureof
the Philippine National Red Cross (PNRC) sui A:
generis? APPLICABLE
DISQUALIFICATION
WHEN
A: Yes. A National Society partakes of a sui generis Cannot hold any other office
character. It is a protected component of the Red or employment in the Gov’t or During his term.
Cross movement under Articles 24 and 26 of the any subdivision, agency or If he does so, he
First Geneva Convention, especially in times of instrumentality thereof, forfeits his seat.
armed conflict. These provisions require that the including GOCCs or their (Sec. 13, Article
staff of a National Society shall be respected and subsidiaries. (Sec. 13, Article VI)
protected in all circumstances. Such protection is VI)
not ordinarily afforded by an international treaty If the office was
to ordinary private entities or even non‐ created or the
governmental organizations (NGOs). This sui emoluments
Legislators cannot be
generis character is also emphasized by the thereof increased
appointed to any office. (Sec.
Fourth Geneva Convention which holds that an during the term
13, Article VI)
for which he was
Occupying Power cannot require any change in
elected. (Sec. 13,
the personnel or structure of a National Society.
Article VI)
National societies are therefore organizations
Legislators cannot personally
that are directly regulated by international appear as counsel before any
humanitarian law, in contrast to other ordinary During his term
court of justice, electoral
private entities, including NGOs. tribunal, quasi‐judicial and of office.
administrative bodies. (Sec.
14, Article VI)
POLITICALLAW TEAM:
VILLAMOR.
Legislators cannot be 4. Called by the President at any time

financially interested directly when Congress is not in session (Sec. 15
or indirectly in any contract of Art. VI).
with or in any franchise, or
special privilege granted by During his term Q: What is a MandatoryRecess?
the Government, or any of office.
subdivision agency or A: A mandatory recess is prescribed for the 30‐
instrumentality thereof,
day period before the opening of the next regular
including the GOCC or its
session, excluding Saturdays, Sundays and legal
subsidiary. (Sec. 14, Article VI)
holidays. This is the minimum period of recess
When it is for his and may be lengthened by the Congress in its
Legislators cannot intervene in pecuniary benefit
discretion. It may however, be called in special
any matter before any office or where he may
session at any time by the President. (Sec. 15, Art.
of the Gov’t. (Sec. 14, Article be called upon to
VI) act on account of VI)
his office.
Q: What are the instances when Congress is
voting separatelyand voting jointly?
Q: Are legislators required to disclose their
assets and liabilities? A:
Se p a r a t e Join t
A: Yes. A public officer or employee shall upon
assumption of office and as often thereafter as 1. Choosing the 1. When revoking
may be required by law, submit a declaration President (Sec. 4, or extending the
under oath of his assets, liabilities and net worth. Article VII) proclamation
(Sec.12, Art. VI) 2. Determining suspending the
President’s disability privilege of writ
(Sec. 11, Article VII) of habeas corpus
SESSIONS 3. Confirming (Sec. 18, Article
nomination of Vice‐ VII)
Q: When is the regularsessionof Congress? President (Sec. 9, 2. When revoking
Article VI) or extending the
A: Congress convenes once every year on the 4
th 4. Declaring the declaration of
existence of a state martial law (Sec.
Monday of July, unless otherwise provided for by
of war in joint 18, Article VII).
law. It continues in session for as long as it sees
fit, until 30 days before the opening of the next session (Sec. 23,
Article VI)
regular session, excluding Saturdays, Sundays,
5. Proposing
and legal holidays. (Sec. 15, Art. VI) Constitutional
amendments (Sec.
Q: What are the instances when there are 1, Article XVII)
special sessions?
A: Q: What are the instances when Congress votes

1. Due to vacancies in the offices of the other than majority?
President and Vice President at 10
o’clock a.m. on the third day after the A:
vacancies (Sec. 10 of Article VI) INSTANCESWHEN NUMBER OF VOTES
CONGRESS VOTES REQUIRED
2. To decide on the disability of the 1. To suspend or expel a 2/3 of all its members
President because a majority of all the member in accordance (Sec. 16, Article VI)
members of the cabinet have with its rules and
“disputed” his assertion that he is able proceedings
to discharge the powers and duties of 2. To enter the Yeas and 1/5 of the members
his office (Sec. 11 of Article VII) nays in the Journal present (Sec. 16 (4),
Article VI)
3. To revoke or extend the Presidential
Proclamation of Martial Law or 3. To declare the 2/3 of both houses in
suspension of the privilege of the writ existence of a state of joint session voting
of habeas corpus (Sec. 18 of Art. VII); war separately (Sec. 23,
and Article VI)

27
4. To re‐pass a bill after 2/3 of the Members of Note: In computing quorum, members who are
Presidential veto the House where it outside the country and thus outside of each
srcinated followed by House’s jurisdiction are not included.
2/3 of the Members of
the other House Q: What is the effect if there is no quorum?
5. To determine the 2/3 of both Houses
President’s disability voting separately (Sec. A: In the absence of quorum, each House may
after submissions by 11, Article VI) adjourn from day to day and may compel the
both the Cabinet and attendance of absent members in such manner
the President and under such penalties as each House may
provide.
Q: What is the rule on adjournment?
Note: The members of the Congress cannot compel
A: Neither House during the sessions of the absent members to attend sessions if the reason of
Congress shall, without the consent of the other, absence is a legitimate one. The confinement of a
adjourn for more than 3 days, nor to any other Congressman charged with a non‐bailable offense
place than that in which the two Houses shall be (more than 6 years) is certainly authorized by law
sitting. (Sec. 16, Art. VI) and has constitutional foundations (People v.
Jalosjos, G.R. No. 132875‐76, February 3, 2000)
Q: What is adjournmentsine die?
A: Interval between the session of one Congress b. MAJORITYVOTE

and that of another.
Q: What does majority vote mean?
INTERNALGOVERNMENTOF CONGRESS A: Majority refers to more than half of the total

or aggregate. Although the Constitution provides
Q: Who are the elected officers of Congress? that the Speaker and the Senate President shall
be elected by a majority of all members, the
A: Constitution does not provide that those who will
1. Senate President not vote for the winner (by majority vote) are ipso
2. Speaker of the House facto the minority who can elect the minority
3. Such officers as deemed by each house to leader. Majority votes pertain only to such
be necessary number or quantity

an aspirant as may
as such. There be indication
is no required to elect
that by
Q: How is election of officers done? such election, the houses are already divided into
the majority camp and the minority camp.
A: By a majority vote of all respective members
(Section 16, Art. VI). Majority vote refers to the political party with the
most number of backings; refer to the party,
faction or organization with the most number of
a. QUORUM votes but not necessarily more than one half
(plurality). (Santiago v. Guingona, G.R. No.
Q: What is a quorum? 134577, November 18, 1998)
A: A quorum is such number which enables a Q: Can the courts intervene in the
body to transact its business. It is such number implementation of the internal rules of
which makes a lawful body and gives such body Congress?
the power to pass a law or ordinance or any valid
act that is binding. A: No. As part of their inherent power, Congress
can determine their own rules. Hence, the courts
AlternativeAnswer: cannot intervene in the implementation of these
rules insofar as they affect the members of
Congress (Osmeña v. Pendatun, G.R. No L‐17144,
Quorum is based on the proportion between October 28, 1960)
those physically present and the total
membership of the body.
Note: Corollary to Congress’ power to make rules is
the power to ignore the same rules when
circumstances so require.
POLITICALLAW TEAM:
VILLAMOR.
DISCIPLINEOF MEMBERS proclamation declaring a particular candidate as

the winner.
Q: May each house of congress punish its
membersfor disorderlybehavior? Note: The electoral tribunal has rule‐making power
(Lazatin v. HRET, G.R. No. L‐84297, Dec. 8, 1988).
A: Yes. Each house may punish its members for
disorderly behavior and, with concurrence of 2/3 It is independent of the Houses of Congress and its
decisions may be reviewed by the Supreme Court
of all its members, suspend, for not more than 60
only upon showing of grave abuse of discretion.
days, or expel a member.
The mere fact that the members of either the Senate
Q: What is contemplated by “disorderly or the House sitting on the electoral tribunal are
behavior?” those which are sought to be disqualified due to the
filing of an election contest against them does not
A: The interpretation of the phrase disorderly warrant all of them from being disqualified from
behavior is the prerogative of the House sitting in the ET.
concerned and cannot be judicially reviewed
(Osmeña v. Pendatun, G.R. No. L‐17144, Oct. 28, Q: What is an electioncontest?
1960).
A: Where a defeated candidate challenges the
Note: Members of Congress may also be suspended qualification and claims for himself the seat of the
by the Sandiganbayan or by the Office of the proclaimed winner.
Ombudsman. The suspension in the Constitution is
different from the suspension prescribed in RA 3019, Note: In the absence of an election contest, ET is
Anti‐Graft and Corrupt Practices Act. The latter is not without jurisdiction.
a penalty but a preliminary preventive measure and
is not imposed upon the petitioner for misbehaviour Once a winning candidate has been proclaimed,
as a member of Congress. (Santiago v. taken his oath, and assumed office as a member of
Sandiganbayan, G.R. No. 128055, Apr. 18, 2001). the HoR, COMELEC’s jurisdiction over election
contests relating to his election, returns, and
ELECTORALTRIBUNALAND THE COMMISSION qualification ends, and the HRET’s own jurisdiction
ON APPOINTMENTS begins. The phrase “election, returns, and
qualifications” should be interpreted in its totality as
a. CONGRESSIONALELECTORALTRIBUNAL referring to all matters affecting the validity of the
contestee’s title. (Vinzons‐Chato v. COMELEC, G.R.
Q: What is the composition of the electoral No. 172131, Apr. 2, 2007)
tribunal(ET)?
Q: In the absence of election contest, what
A: power does each House have over its members?
1. 3 Supreme Court Justices designated by
the Chief Justice A: The power of each House to expel its members
or even to defer their oath taking until their
2. 6 members of the Chamber concerned qualifications are determined may still be
(Senate or HoR) chosen on the basis of exercised even without an election contest.
proportional representation from the
political parties and parties registered Q: Imelda ran for HoR. A disqualificationcase
under the party‐list system (Sec. 17, Art. was filed against her on account of her
VI). residence.The case was not resolvedbefore the
election.Imelda won the election.However,she
Note: The senior Justice in the Electoral Tribunal was not proclaimed.Imelda now questions the
shall be its chairman. COMELEC’sjurisdictionover the case. Does the
COMELEChave jurisdictionover the case?
Q: What is the jurisdiction of the Electoral
Tribunals? A: Yes. HRET’s jurisdiction as the sole judge of all
contests relating to elections, etc. of members of
A: Each electoral tribunal shall be the sole judge Congress begins only after a candidate has
of all contests relating to the election, returns, become a member of the HoR. Since Imelda has
and qualifications of their respective members not yet been proclaimed, she is not yet a member
(Sec. 17, Art. VI, 1987 Constitution). This includes of the HoR. Thus, COMELEC retains jurisdiction.
determining the validity or invalidity of a

29
(Romualdez‐Marcos v. COMELEC, G.R. No. Q: Can the ET meet when Congress is not in
119976, Sept. 18, 1995) session?
Q: Does the HRET have authority to pass upon A: Yes. Unlike the Commission on Appointments,
the eligibilities of the nominees of the party‐list the ET shall meet in accordance with their rules,
groups that won in the lower house of Congress? regardless of whether Congress is in session or
not.
A: Yes. By analogy with the cases of district
representatives, once the party or organization of Q: Is there an appeal from the ET’s decision?
the party‐list nominee has been proclaimed and
the nominee has taken his oath and assumed A: No. Sec. 17 of Art. VI provides that the
office as member of the HoR, the COMELEC’s SET/HRET is the sole judge of all contests. Hence,
jurisdiction over election contests relating to his from its decision, there is no appeal. Appeal is not
qualifications ends and the HRET’s own a constitutional but merely a statutory right.
jurisdiction begins. (Abayon v. HRET, G.R. No.
189466, Feb. 11, 2010) Q: Is there any remedy from its decision?
Q: What are the valid grounds or just causes for A: Yes. A special civil action for certiorari under
terminationof membershipto the tribunal? Rule 65 of the Rules of Court may be filed. This is
based on grave abuse of discretion amounting to
A: lack or excess of jurisdiction. This will be filed
1. Expiration of Congressional term of Office before the Supreme Court.
2. Death or permanent disability
3. Resignation from the political party he
represents in the tribunal b. COMMISSIONON APPOINTMENTS(CA)
4. Formal affiliation with another political
party Q: What is the composition of the Commission
5. Removal from office for other valid reasons. on Appointments(CA)?
(Bondoc v. Pineda, G.R. No. 97710, Sept. 26, A:
1991) 1. Senate President as ex‐officio chairman
2. 12 Senators
Q: Rep. Camasura was a member of the HRET. 3. 12 members of the HoR (Sec. 18, Art. VI)
There was an electoral contest involving his
party‐mate and Bondoc. The party instructed Note: A political party must have at least 2 elected
him to vote for his party‐mate. However, Rep. senators for every seat in the Commission on
Camasura cast a conscience vote in Bondoc’s Appointments. Thus, where there are two or more
favor. Thus, the party expelled him from HRET political parties represented in the Senate, a political
on the grounds of disloyalty to the party and party/coalition with a single senator in the Senate
breach of party discipline. Was the expulsion cannot constitutionally claim a seat in the
valid? Commission on Appointments. It is not mandatory to
elect 12 senators to the Commission; what the
Constitution requires is that there must be at least a
A: No. SET/HRET members are entitled to security
majority of the entire membership. (Guingona, Jr. v.
of tenure to ensure their impartiality and
Gonzales, G.R. No. 106971, October 20, 1992)
independence. As judge‐members of the tribunal,
they must be non‐partisan, they must discharge
Q: How are the 12 Senators and 12
their functions with complete detachment;
Representativeschosen?
independence and impartiality, even from the
party to which they belong. Thus, disloyalty to
A: The members of the Commission shall be
party and breach of party discipline are not valid
elected by each House on the basis of
grounds for expelling a tribunal’s member. The
proportional representation from the political
members are not supposed to vote along party
party and party list. Accordingly, the sense of the
lines—once appointed. (Bondoc v. Pineda, G.R.
Constitution is that the membership in the
No. 97710, Sept. 26, 1991)
Commission on Appointment must always reflect
political alignments in Congress and must
Note: A member may not be expelled by the HoR for
therefore adjust to changes. It is understood that
party disloyalty short of proof that he has formally
affiliated with another political group.
such changes in party affiliation must be
permanent and not merely temporary alliances
(Daza v. Singson, G.R. No. 86344, December 21,
POLITICALLAW TEAM:
VILLAMOR.
1989 ). Endorsement is not sufficient to get a seat disapproval by the CA or until the next
in COA. adjournment of Congress (Sarmiento III
v. Mison, G.R. No. L‐79974, December
Note: The provision of Sec. 18, Art. VI of the 17, 1987)
Constitution, on proportional representation is
mandatory in character and does not leave any Q: What are the guidelines in the meetings of
discretion to the majority party in the Senate to the CA?
disobey or disregard the rule on proportional
representation; otherwise, the party with a majority A:
representation in the Senate or the HoR can by sheer
1. Meetings are held either at the call of
force of numbers impose its will on the hapless
the Chairman or a majority of all its
minority. By requiring a proportional representation
members.
in the CA, Sec. 18 in effect works as a check on the
2. Since the CA is also an independent
majority party in the Senate and helps maintain the
balance of power. No party can claim more than constitutional body, its rules of
what it is entitled to under such rule (Guingona, Jr. v. procedure are also outside the scope of
Gonzales, G.R. No. 105409, Mar.1, 1993). congressional powers as well as that of
the judiciary. (Bondoc v. Pineda, G.R.
Q: What is the jurisdictionof the CA? No. 97710, Sept. 26, 1991)
A: CA shall confirm the appointments by the Note: The ET and the CA shall be constituted within
President with respect to the following positions: 30 days after the Senate and the HoR shall have
HAPCOO been organized with the election of the Senate
President and the Speaker of the House.
1. Heads of the Executive departments.
(except if it is the Vice‐President who is
appointed to the post) POWERSOF CONGRESS
2. Ambassadors, other Public ministers or
Consuls a. LEGISLATIVEPOWER
3. Officers of the AFP from the rank of
colonel or naval captain Q: What are the legislativepowers of Congress?
4. Other officers whose appointments are
vested in him by the Constitution (i.e. A:
COMELEC members) (Bautista v. 1. General plenary power (Sec. 1, Art. VI)
Salonga, G.R. No. 86439, April 13, 1989) 2.

3. Specific
Taxationpower of appropriation
and expropriation
Q: What are the rules on voting? 4. Legislative investigation
5. Question hour
A:
1. The CA shall rule by a majority vote of Q: What is LegislativePower?
all the members.
2. The chairman shall only vote in case of A: It is the power or competence of the
tie. legislative to propose, enact, ordain, amend/alter,
3. The CA shall act on all appointments modify, abrogate or repeal laws. It is vested in the
within 30 session days from their Congress which shall consist of a Senate and a
submission to Congress (Sec. 18, Art. VI) House of Representatives, except to the extent
reserved to the people by the provision on
Q: What are the limitationson confirmation? initiative and referendum.
A: Q: What are the limitationsof such power?

1. Congress cannot by law prescribe that
the appointment of a person to an A:
office created by such law be subject to 1. SUBSTANTIVE—
confirmation by the CA. a. Express:
i. Bill of Rights (Article III, 1987
2. Appointments extended by the Constitution)
President to the above‐mentioned ii. On Appropriations (Sections 25 and
positions while Congress is not in 29 paragraphs 1 and 2, Article VI)
session shall only be effective until iii. On taxation (Sections 28 and 29,
paragraph 3, Article VI)

31
iv. On Constitutional appellate one involving purely local or municipal matters,

jurisdiction of SC (Section 30, Article like a charter of a city.
VI)
v. No law granting title of royalty or Q: What are private bills?
nobility shall be passed (Section 31,
Article VI) A: Those which affect private persons, such as for
vi. No specific funds shall be instance a bill granting citizenship to a specific
appropriated or paid for use or foreigner (Bernas Commentary, p.748, 2003).
benefit of any religion, sect, etc.,
except for priests, etc., assigned to Q: How are private bills illustrated?
AFP, penal institutions, etc. (Sections
29, paragraph 2, Article VI) A: They are illustrated by a bill granting honorary
b. Implied: citizenship to a distinguished foreigner (Cruz,
i. Prohibition against irrepealable laws Philippine Political Law, p. 155, 1995).
ii. Non‐delegation of powers
Note: Every bill shall embrace only one subject, as
2. PROCEDURAL— expressed in the title thereof, which does not have
a. Only one subject, to be stated in the to be a complete catalogue of everything stated in
title of the bill (Sec. 26, par. 1, Article VI) the bill. A title expressing the general subject of the
b. Three (3) readings on separate days; bill and all the provisions of the statute are germane
printed copies of the bill in its final form to the general subject is sufficient.
distributed to members 3 days before
its passage, except if President certifies
to its immediate enactment to meet a b. POWER OF APPROPRIATION
public calamity or emergency; upon its
last reading, no amendment allowed Q: What is the power of appropriation?
and the vote thereon taken
immediately and the yeas and nays A: The spending power, called the “power of the
entered into the Journal (Section 26, purse” belongs to Congress, subject only to the
paragraph 2, Article VI) veto power of the President. It carries with it the
c. Appropriation bills , revenue bills, tariff power to specify the project or activity to be
bills, bills authorizing the increase of funded under the appropriation law.
public debt, bills of local application and
private bills shall srcinate exclusively in Q: What is an appropriationlaw?
the House of Representatives. (Section
24, Art. VI) A: A statute, the primary and specific purpose of
which is to authorize release of public funds from
Q: What is an appropriationbill? the treasury.
A: It is a bill, the primary and specific aim of which Q: What is budget?

is to appropriate a sum of money from the public
treasury. A: Financial program of the national government
for the designated calendar year, providing for
Note: A bill creating a new office, and appropriating the estimates of receipts of revenues and
funds for it is not an appropriation bill. expenditures.
Q: What is a revenue bill? Q: What are the classifications of

appropriations?
A: A revenue bill is one specifically designed to
raise money or revenue through imposition or A:
levy. 1. General appropriation law – passed
annually, intended for the financial
Q: What is a bill of local application? operations of the entire government
during one fiscal period;

A: It is one which is limited to specific localities,
such as for instance the creation of a town 2. Special appropriation law – designed for
(Bernas Commentary, p. 748, 2003). Hence, it is a specific purpose
POLITICALLAW TEAM:
VILLAMOR.
Q: Tawi‐Tawi is a predominantly Muslim matter of appropriation is lodged in the Congress.

province. The Governor, the Vice‐Governor, and (Philippine Constitution Association v. Enriquez, G.R.
members of its Sangguniang Panlalawigan are No. 113105, August 19, 1994)
all Muslims. Its budget provides the Governor
with a certain amount as his discretionaryfunds. Q: May Congressmodify the budget proposedby
Recently, however, the Sangguniang the President?
Panlalawigan passed a resolution appropriating
P100,000 as a special discretionaryfund of the A: Yes. However, Congress may only reduce but
Governor, to be spent by him in leading a not increase the budget.
pilgrimageof his provincematesto Mecca, Saudi
Arabia,Islam'sholiestcity. Q: May Congressincreaseits outlay for itself,the
Judiciaryand other Constitutionalbodies?
Philconsa, on constitutionalgrounds, has filed
suit to nullify the resolutionof the Sangguniang A: No, because it is presumed that their needs
Panlalawigan giving the special discretionary have already been identified while drafting the
fund to the Governor for the stated purpose. budget.
How would you decide the case? Give your
reasons. Note: Congress may not decrease the appropriation
for the Judiciary below the amount appropriated for
A: The resolution is unconstitutional. the previous year.
1.) First, it violates Art. VI, Sec. 29(2) of
the Constitution which prohibits the
appropriation of public money or c. LEGISLATIVEINQUIRIES
property, directly or indirectly, for the
use, benefit or support of any system of Q: What does Section 21, Article VI of the
religion; Constitutionprovide?
2.) Second, it contravenes Art. VI, Sec,
25(6) which limits the appropriation of A: The Senate or the House of Representatives or
discretionary funds only for public any of its respective committees may conduct
purposes. inquiries in aid of legislation in accordance with
its duly published rules of procedure. The rights
The use of discretionary funds for purely religious of persons appearing in, or affected by, such
purpose is thus unconstitutional, and the fact that inquiries shall be respected.
the disbursement is made by resolution of a local Note: “In aid of legislation” does not mean that
legislative body and not by Congress does not
there is pending legislation regarding the subject of
make it any less offensive to the Constitution.
the inquiry. In fact, investigation may be needed for
Above all, the resolution constitutes a clear
purposes of proposing future legislation.
violation of the Non‐establishment Clause of the
Constitution.
If the stated purpose of the investigation is to
determine he existence of violations of the law, the
Q: Who shall proposethe budget? investigation is no longer “in aid of legislation” but
“in aid or prosecution.” This violates the principle of
A: The President shall propose the budget and separation of powers and is beyond the scope of
submit it to Congress. It shall indicate the Congressional powers.
expenditures, sources of financing as well as
receipts from previous revenues and proposed Q: What is the scope of subject matter of the
revenue measures. It will serve as a guide for power to conductinquiriesin aid of legislation?
Congress:
A: Indefinite. The field of legislation is very wide
1. In fixing the appropriations; as compared to that of the American Congress.
2. In determining the activities which And because of such, the field of inquiry is also
should be funded. (Section 22, Art. VII) very broad. It may cover administrative inquiries,
social, economic, political problem (inquiries),
Note: The propose

the approval subject isbut
of Congress not the
final.President
It is subject
mayto discipline
is of members,
co‐extensive etc. Suffice
with legislative it to(say
power. that v.
Arnault it
exercise his or her veto power. Accordingly, the Nazareno, G.R. No. L‐3820, July 18, 1950)
power of the purse belongs to Congress, subject only
to the veto power of the President. The President
may propose the budget but still the final say on the

33
Note: Investigatorial Power is not the legislature (Lopez v. Delos Reyes

absolute; subject judicial review in view of G.R. No. L‐3436,1 Nov. 5, 1930).
the expanded power of the court to
determine whether there has been grave 6. Congress may no longer inquire into the
abuse of discretion amounting to lack or same justiciable controversy already
excess of jurisdiction. before the court (Bengzon v. Blue
Ribbon Committee, G.R. No. 89914,
The power of inquiry is an essential and Nov. 20, 1991)
appropriate auxiliary to the legislative action
(Arnault v. Nazareno, G.R. No. L‐3820, Jul. 18, Q: Senator Enrile accused the Vice Chairman of
1950). It has been remarked that the power of the Standard Chartered Bank of violating the
legislative investigation may be implied from the Securities Regulation Code for selling
express power of legislation and does not itself unregistered foreign securities. This has led the
have to be expressly granted. Senate to conduct investigation in aid of
legislation. SCB refused to attend the
Q: What are the limitations on legislative investigation proceedings on the ground that
investigation? criminal and civil cases involving the same issues
were pending in courts. Decide.
A:
1. Constitutional rights to counsel and A: The mere filing of a criminal or an
against self incrimination – even if the administrative complaint before a court or a
investigation is not a criminal quasi‐judicial body should not automatically bar
investigation, the information divulge the conduct of legislative investigation.
therein may be used in criminal Otherwise, it would be extremely easy to subvert
prosecution (Under Sec. 21, Art. VI, it is any intended inquiry by Congress through the
provided that the rights of 1987 convenient ploy of instituting a criminal or an
Constitution, the persons appearing in administrative complaint. Surely, the exercise of
or affected by such inquiries shall be sovereign legislative authority, of which the
respected) power of legislative inquiry is an essential
component, can not be made subordinate to a
2. The Rules of procedures to be followed criminal or an administrative investigation.
in such inquiries shall be published for (Standard Chartered Bank v. Senate, G.R. No.
the guidance of those who will be 167173, Dec. 27, 2007)
summoned. This must be strictly
followed so that the inquiries are Q: Distinguish the above‐mentioned case from
confined only to the legislative purpose. the case of Bengzon v. Senate Blue Ribbon
This is also to avoid abuses. Committee.
3. The investigation must be in aid of A: It is true that in Bengzon, the Court declared
legislation. that the issue to be investigated was one over
which jurisdiction had already been acquired by
4. Congress may not summon the the Sandiganbayan, and to allow the [Senate Blue
President as witness or investigate the Ribbon] Committee to investigate the matter
latter in view of the doctrine of would create the possibility of conflicting
separation of powers except in judgments; and that the inquiry into the same
impeachment cases. justiciable controversy would be an
encroachment on the exclusive domain of judicial
Note: It is the President’s prerogative to jurisdiction that had set in much earlier.
divulge or not the information which he
deems confidential or prudent in the To the extent that, in the case at bench, there are
public interest. a number of cases already pending in various
courts and administrative bodies involving the
5. Congress may no longer punish the petitioners, relative to the alleged sale of
witness in contempt
adjournment. The basis ofafter its final
the power to unregistered foreign securities, there is a
resemblance between this case and Bengzon.
impose such penalty is the right to self‐ However, the similarity ends there.
preservation. And such right is
enforceable only during the existence of
POLITICALLAW TEAM:
VILLAMOR.
Central to the Court’s ruling in Bengzon ‐‐ that the Q: Distinguish question hour from legislative
Senate Blue Ribbon Committee was without any investigation.
constitutional mooring to conduct the legislative
investigation ‐‐ was the Court’s determination A:
that the intended inquiry was not in aid of LEGISLATIVE
QUESTION HOUR
legislation. The Court found that the speech of INVESTIGATION
(SEC. 22, ART. VI,
Senator Enrile, which sought such investigation (SEC. 21, ART. VI,
1987 CONSTITUTION)
contained no suggestion of any contemplated 1987 CONSTITUTION)
legislation; it merely called upon the Senate to As to persons who may appear
look into possible violations of Sec. 5, R.A. No. Only a department head Any person
3019. Thus, the Court held that the requested As to who conducts the investigation
probe failed to comply with a fundamental Entire body Committees
requirement of Sec. 21, Article VI of the
As to subject matter
Constitution. (Standard Chartered Bank v. Senate, Matters related to the Any matter for the
G.R. No. 167173, Dec. 27, 2007)
department only purpose of legislation
Q: Does Congresshave the power to cite persons
in contempt?
d. POWEROF OVERSIGHT
A: Yes. Even if the Constitution only provides that
Congress may punish its members for disorderly Q: What is the power of oversightof Congress?
behavior or expel the same, it is not an exclusion
of power to hold other persons in contempt. A: The power of oversight embraces all activities
undertaken by Congress to enhance its
Note: Congress has the inherent power to punish understanding of and influence over the
recalcitrant witnesses for contempt, and may have implementation of legislation it has enacted. It
them incarcerated until such time that they agree to concerns post‐enactment measures undertaken
testify. The continuance of such incarceration only by Congress. (Macalintal v. COMELEC, G.R. No.
subsists for the lifetime, or term, of such body. Thus, 157013 July 10, 2003, [Separate opinion of Justice
each House lasts for only 3 years. But if one is Puno])
incarcerated by the Senate, it is indefinite because
the Senate, with its staggered terms, is a continuing
Q: What is the scope of the power of oversight?
body.
Q: Does the pardoning power of the President A: To:1. Monitor bureaucratic compliance with
apply to cases of legislativecontempt?
program objectives
2. Determine whether agencies are
A: No. It is a limitation on the President’s power
properly administered
to pardon by virtue of the doctrine of separation
3. Eliminate executive waste and
of powers.
dishonesty
4. Prevent executive usurpation of
Q: What is the so‐called ‘questionhour’?
legislative authority
5. Assess executive conformity with the
A: The heads of departments may upon their own
congressional perception of public
initiative with the consent of the President, or
interest. (Macalintal v. COMELEC, G.R.
upon the request of either House, as the rules of
No. 157013, Jul. 10, 2003, [Separate
each house shall provide, appear before and be
opinion of Justice Puno])
heard by such House on any matter pertaining to
their departments. Written questions shall be
Q: What are the bases of oversight power of
submitted to the President of the Senate or the
Congress?
Speaker of the HoR at least 3 days before their
scheduled appearance. Interpellations shall not
A: The power of oversight has been held to be:
be limited to written questions, but it may cover
matters related thereto. When the security of the
1. Intrinsic in the grant of legislative power
State or the public interest so requires, the itself
appearance shall be conducted in executive
2. Integral to the system of checks and
session (Sec. 22, Art.VI, 1987 Constitution)
balances
3. Inherent in a democratic system of
government

35
Q: What are the categories of Congressional enforcing, applying or implementing its own laws.
OversightFunctions? Thus, legislative veto is not allowed in the
Philippines. (ABAKADA Guro Party‐list v. Purisima,
A: G.R. No. 166715, Aug. 14, 2008)
1. Scrutiny—implies a lesser intensity and
continuity of attention to administrative Q: Can Congress exercise discretion to approve
operations. Its primary purpose is to determine or disapprove an IRR based on a determination
economy and efficiency of the operation of of whether or not it conformedto the law?
government activities. In the exercise of
legislative scrutiny, Congress may request A: No. In exercising discretion to approve or
information and report from the other branches disapprove the IRR based on a determination of
of government. It can give recommendations or whether or not it conformed to the law, Congress
pass resolutions for consideration of the agency arrogated judicial power unto itself, a power
involved. It is based primarily on the power of exclusively vested in the Supreme Court by the
appropriation of Congress. But legislative scrutiny Constitution. Hence, it violates the doctrine of
does not end in budget hearings. Congress can separation of powers. (ABAKADA Guro Party‐list
ask the heads of departments to appear before v. Purisima, G.R. No. 166715, Aug. 14, 2008)
and be heard by either the House of Congress on
any matter pertaining to their department. Q: May the Senate be allowed to continue the
Likewise, Congress exercises legislative scrutiny conduct of a legislative inquiry without a duly
thru its power of confirmation to find out publishedrules of procedure?
whether the nominee possesses the necessary
qualifications, integrity and probity required of all A: No. The phrase “duly published rules of
public servants. procedure” requires the Senate of every Congress
to publish its rules of procedure governing
2. Congressional investigation—involves a more inquiries in aid of legislation because every
intense digging of facts. It is recognized under Senate is distinct from the one before it or after
Section 21, Article VI. Even in the absence of it. (Garcillano v. House of Representatives
constitutional mandate, it has been held to be an Committee on Public Information, G.R. No.
essential and appropriate auxiliary to the 170338, Dec. 23, 2008)
legislative functions.
Q: Is the present (2008) Senate a continuing
3. Legislative supervision—it connotes a legislativebody?
continuing and informed awareness on the part
of congressional committee regarding executive A: The present Senate under the 1987
operations in a given administrative area. It Constitution is no longer a continuing legislative
allows Congress to scrutinize the exercise of body. The present Senate has 24 members,
delegated law‐making authority, and permits twelve of whom are elected every 3 years for a
Congress to retain part of that delegated term of 6 years each. Thus, the term of 12
authority. Senators expires every 3 years, leaving less than a
majority of Senators to continue into the next
Q: What is legislative veto? Is it allowed in the Congress (Garcillano v. House of Representatives
Philippines? Committee on Public Information, et al., G.R. No.
170338, Dec. 23, 2008).
A: Legislative veto is a statutory provision
requiring the President or an administrative Note: There is no debate that the Senate as an
agency to present the proposed IRR of a law to institution is "continuing", as it is not dissolved as an
Congress which, by itself or through a committee entity with each national election or change in the
formed by it, retains a “right” or “power” to composition of its members. However, in the
approve or disapprove such regulations before conduct of its day‐to‐day business the Senate of
they take effect. As such, a legislative veto in the each Congress acts separately and independently of
the Senate of the Congress before it.
form of a congressional oversight committee is in
the form of an inward‐turning delegation
Undeniably, all pending matters and proceedings,
designed to attach a congressional leash to an i.e. unpassed bills and even legislative investigations,
agency to which Congress has by law initially
of the Senate of a particular Congress are considered
delegated broad powers. It radically changes the terminated upon the expiration of that Congress and
design or structure of the Constitution’s diagram it is merely optional on the Senate of the succeeding
of power as it entrusts to Congress a direct role in Congress to take up such unfinished matters, not in
POLITICALLAW TEAM:
VILLAMOR.
the same status, but as if presented for the first time. surprise or fraud upon the legislature, and to fairly
The logic and practicality of such a rule is readily appraise the people. (Central Capiz v. Ramirez, G.R.
apparent considering that the Senate of the No. 16197, March 12, 1920)
succeeding Congress (which will typically have a
different composition as that of the previous Q: When does a bill become a law?
Congress) should not be bound by the acts and
deliberations of the Senate of which they had no A:
part. (Neri v. Senate Committee on Accountability of 1. Approved and signed by the President
Public Officers and Investigations, GR. No. 180643, 2. Presidential veto overridden by 2/3
Sept. 4, 2008) vote of all members of both Houses
3. Failure of the President to veto the bill
Q: What is its consequence? and to return it with his objections to
the House where it srcinated, within
A: The consequence is that the Rules of Procedure
must be republished by the Senate after every 4. 30
A days after thea date
bill calling of receipt
special election for
expiry of the term of the 12 Senators (Garcillano President and Vice‐President under Sec.
v. House of Representatives Committee on Public 10. Art. VII becomes a law upon third
Information, G.R. No. 170338, Dec. 23, 2008) reading and final reading
Q: Is the publicationof the rules in the Interneta Q: What are the Rules regarding the Passage of
valid publication? Bills?
A: The invocation of the Senators of the A:

Provisions of “The Electronic Commerce Act of 1. No bill passed by either House shall become
2000,” to support their claim of valid publication a law unless it has passed three readings on
through the internet as all the more incorrect. separate days.
The law merely recognizes the admissibility in
evidence of electronic data messages and/or 2. Printed copies of the bill in its final form
electronic documents. It does not make the should be distributed to the Members 3 days
internet a medium for publishing laws, rules and before its passage (except when the
regulations. (Garcillano v. House of President certifies to the necessity of its
Representatives Committee on Public Information, immediate enactment to meet a public
G.R. No. 170338, Dec. 23, 2008) calamity or emergency)
3. Upon the last reading of a bill, no

LEGISLATIVEPROCESSAND THE BICAMERAL amendment thereto shall be allowed.
CONFERENCECOMMITTEE
4. The vote on the bill shall be taken
Q: What is the Doctrineof ShiftingMajority? immediately after the last reading of a bill.
A: For each House of Congress to pass a bill, only 5. The yeas and the nays shall be entered in the
the votes of the majority of those present in the Journal.
session, there being a quorum, is required.
XPN: The certification of the President dispenses
Note: The basis for determining the existence of a with the reading on separate days and the
quorum in the Senate shall be the total number of printing of the bill in the final form before its final
Senators who are within the coercive jurisdiction of
approval. (Tolentino v. Secretary of Fincance,
the Senate (Avelino v. Cuenco, G.R. No. L‐2821, Mar.
G.R.No. 115455, October 30, 1995)
4, 1949).
Note: All decrees which are not inconsistent with

Q: What is the so‐called one bill‐one subject
the Constitution remain operative until they are
rule?
amended or repealed. (Guingona v. Carague, G.R.
No. 94571, April 22, 1991)
A: Every bill passed by the Congress shall embrace
only one subject. The subject shall be expressed Q: How many readings must a bill undergo
in the title of the bill. This rule is mandatory.
before it may become a law?
Note: The purpose of such rule is (1) to prevent
hodgepodge or log‐rolling legislation, (2) to prevent
A: Each bill must pass 3 readings in both Houses.

37
GR: Each reading shall be held on separate (Tolentino v. Secretary of Finance, G.R. No,
days and printed copies thereof in its final 115455, August 25, 1994)
form shall be distributed to its Members, 3
days before its passage. Q: When does the law take effect?
XPN: If a bill is certified as urgent by the A: A law must be published as a condition for its
President as to the necessity of its immediate effectivity and in accordance with Article 2 of the
enactment to meet a public calamity or Civil Code, it shall take effect fifteen days
emergency, the 3 readings can be held on the following the completion of its publication in the
same day. (Sec. 26, Art. VI) Official Gazette or in a newspaper of general
circulation unless it is otherwise provided. (GR L‐
Q: What are the reasons for the three readings? 63915, December 29, 1986)
A:
1. To address the tendency of legislators, (on LIMITATIONSON LEGISLATIVEPOWER
the last day of the legislative year when
legislators were eager to go home) a. LIMITATIONSON REVENUE,APPROPRIATION
2. To rush bills through AND TARIFF MEASURES
3. To insert alters which would not otherwise
stand scrutiny in leisurely debate. Q: What are the constitutionallimitations on the
legislative’s power to enact laws on revenue,
Q: What is the purpose of the constitutionof the appropriationand tariff measures?
Bicameral ConferenceCommittee?
A:
A: A Conference Committee is constituted and is 1. All appropriation, revenue or tariff bills, bills
composed of Members from each House of authorizing increase of the public debt, bills of
Congress to settle, reconcile or thresh out local application, and private bills, shall srcinate
differences or disagreements on any provision of exclusively in the House of Representatives, but
the bill. the Senate may propose or concur with
amendments. (Sec. 24, Art. VI)
Q: If the version approved by the Senate is
different from that approved by the House of Note: The initiative for filing of ART bills must come
Representatives, how are the differences from the House, but it does not prohibit the filing in
reconciled? the Senate of a substitute bill in anticipation of its
receipt of the bill from the House, so long as the
A. In a bicameral system, bills are independently action by the Senate is withheld pending the receipt
processed by both Houses of Congress. It is not of the House bill (Tolentino v. Sec. of Finance, G.R.
unusual that the final version approved by one No. 115455, Aug. 25, 1994).
House differs from what has been approved by
the other. 2. The President shall have the power to veto any
particular item or items in an appropriation,
The “conference committee,” consisting of revenue, or tariff bill, but the veto shall not affect
members nominated from both Houses, is an the item or items to which he does not object.
extra‐constitutional creation of Congress whose (Section 27 [2], Art. VI)
function is to propose to Congress ways of
reconciling conflicting provisions found in the Q: What are the implied limitations on
Senate version and in the House version of a bill. appropriationpower?
(Concurring and Dissenting Opinion, J. Callejo, Sr.,
G.R. No. 168056, September 1, 2005) A:
1. Must specify public purpose
Q: Are the conferees limited to reconciling the 2. Sum authorized for release must be
differencesin the bill? determinate, or at least determinable.
(Guingona v. Carague, G.R. No. 94571,
A: The conferees are not limited to reconciling April 22, 1991)
the differences in the bill but may introduce new
provisions germane to the subject matter or may Q: What are the constitutional limitations on
report out an entirely new bill on the subject. special appropriationsmeasures?
POLITICALLAW TEAM:
VILLAMOR.
A: year, the general appropriations law for

1. Must specify public purpose for which the preceding fiscal year shall be
the sum was intended deemed reenacted and shall remain in
force and effect until the general
2. Must be supported by funds actually appropriations bill is passed by the
available as certified by the National Congress (Sec. 25, [7], Art. VI, 1987
Treasurer or to be raised by Constitution)
corresponding revenue proposal
included therein. (Sec. 25[4], Art. VI,
1987 Constitution) b. PresidentialVeto and CongressionalOverride
Q: What are the Constitutionalrules on General Q: What is the rule on presidentialveto?

AppropriationsLaws?
A:
A: GR: If the President disapproves a bill
1. Congress may not increase enacted by Congress, he should veto the
appropriations recommended by the entire bill. He is not allowed to veto separate
President for the operations of the items of a bill.
government;
XPN: Item‐veto is allowed in case of
2. Form, content and manner of appropriation, revenue, and tariff bills (Sec.
preparation of budget shall be provided 27 [2], Art. VI, 1987 Constitution).
by law;
XPNs to the XPN:
3. No provision or enactment shall be
embraced in the bill unless it releases 1. Doctrine of inappropriate provisions – a
specifically to some particular provision that is constitutionally
appropriations therein; inappropriate for an appropriation bill
may be singled out for veto even if it is
4. Procedure from approving not an appropriation or revenue item.
appropriations for Congress shall be the (Gonzales v. Macaraig, Jr., G.R. No.
same as that of other departments in 87636, Nov. 19, 1990)
order to prevent sub‐rosa
appropriations by Congress; 2. Executive impoundment – refusal of the

President to spend funds already
5. Prohibition against transfer of allocated by Congress for specific
appropriations (doctrine of purpose. It is the failure to spend or
augmentation), however the following obligate budget authority of any type.
may, by law, be authorized to augment (Philconsa v. Enriquez, G.R. No. 113105,
any item in the general appropriations Aug. 19, 1994)
law for their respective offices from
savings in other items of their Q: May the Presidentveto a law?
respective appropriations:
A: No. What the president may validly veto is only
a. President a bill and neither the provisions of law 35 years
b. Senate President before his term nor a final and executory
c. Speaker of the HoR judgment of the Supreme Court. (Bengzon v.
d. Chief Justice Drilon, G.R. No. 103524, April 15, 1992)
e. Heads of Constitutional
Commissions.
Q: When is there a pocket veto?
6. Prohibitions against appropriations for
sectarian benefit; and A: It occurs when:
7. Automatic re‐appropriation – if, by the 1.

2. the President
the reason he fails
doestonot
actreturn
on a bill;
theand
bill to
end of any fiscal year, the Congress the Congress is that Congress is not in
shall have failed to pass the general session.
appropriations bill for the ensuing fiscal

39
Note: Pocket veto is not applicable in the Philippines 8. Power to confirm certain
because inaction by the President for 30 days never appointments/nominations made by
produces a veto even if Congress is in recess. The the President (Secs. 9 and 16, Art. VII)
President must still act to veto the bill and 9. Power of Impeachment (Sec. 2, Art. XI)
communicate his veto to Congress without need of 10. Power relative to natural resources
returning the vetoed bill with his veto message. (Sec. 2, Art. XII)
11. Power of internal organization (Sec. 16,
Q: When does the Constitution require that the Art. VI)
yeas and nays of the Members be taken every a) Election of officers
time a House has to vote? b) Promulgate internal rules
c) Disciplinary powers (Sec. 16, Art. VI)
A: 12. Informing Function
1. Upon the last and third readings of a bill
(Section 26 (2), Article VI); Q: State the conditions under which, during a
2. At the request of 1/5 of the members period of national emergency, Congress may
present (Section 16 (4), Article VI); and grant emergency powers to the President is
3. In repassing a bill over the veto of the allowed.
President (Section 27 (1), Article VI).
A: Under Sec. 23[2], Article VI of the Constitution,
Q: What is a rider? Congress may grant the President emergency
powers subject to the following conditions:
A: A rider is a provision in a bill which does not 1. There is a war or other national
relate to a particular appropriation stated in the emergency
bill. Since it is an invalid provision under Sec. 25 2. The grant of emergency powers must
(2), Art. VII, 1987 Constitution, the President may be for a limited period
veto it as an item. 3. The grant of emergency powers is
subject to such restrictions as Congress
may prescribe
NON‐LEGISLATIVEPOWERS 4. The emergency powers must be
exercised to carry out a declared
Q: What are the Non‐legislative powers of national policy
Congress?
Q: What is the policy of the Philippinesregarding
A: war?
1. Power to declare the existence of state
of war (Sec. 23 [1], Art. VI) A: The Philippines renounces war as an
2. Power to act as Board of Canvassers in instrument of national policy. (Sec. 2, Art. II)
election of President (Sec. 10, Art. VII)
3. Power to call a special election for Q: What is the voting requirementto declare the
President and Vice‐President (Sec. 10, existence of a state of war?
Art. VII)
4. Power to judge President’s physical A:
fitness to discharge the functions of the 1. 2/3 of both Houses
Presidency (Sec. 11, Art. VII) 2. In joint session
5. Power to revoke or extend suspension 3. Voting separately
of the privilege of the writ of habeas
corpus or declaration of martial law Note: Even though the legislature can declare
(Sec. 18, Art. VII) existence of war and enact measures to support it,
6. Power to concur in Presidential the actual power to engage war is lodged
amnesties Concurrence of majority of nonetheless in the executive.
all the members of Congress (Sec. 19,
Art. VII) Q: Discuss the Informingfunction of Congress.
7. Power to concur in treaties or
international agreements; concurrence A: The informing function of the legislature

of at least 2/3 of all the members of the includes its function to conduct legislative
Senate (Sec. 21, Art. VII) inquiries and investigation and its oversight
power.
POLITICALLAW TEAM:
VILLAMOR.
The power of Congress does not end with the

finished task of legislation. Concomitant with its
principal power to legislate is the auxiliary power
to ensure that the laws it enacts are faithfully
executed. As well stressed by one scholar, the
legislature “fixes the main lines of substantive
policy and is entitled to see that administrative
policy is in harmony with it; it establishes the
volume and purpose of public expenditures and
ensures their legality and propriety; it must be
satisfied that internal administrative controls are
operating to secure economy and efficiency; and
it informs itself of the conditions of
administration of remedial measure.”
The power of oversight has been held to be

intrinsic in the grant of legislative power itself and
integral to the checks and balances inherent in a
democratic system of government. Woodrow
Wilson went one step farther and opined that the
legislature’s informing function should be
preferred to its legislative function. He
emphasized that “[E]ven more important than
legislation is the instruction and guidance in
political affairs which the people might receive
from a body which kept all national concerns
suffused in a broad daylight of discussion.”
(Concurring and Dissenting Opinion of Justice
Puno, Macalintal v. COMELEC, G.R. No. 157013
July 10, 2003)

41
D. EXECUTIVEDEPARTMENT Once out of office, even before the end of

the 6‐year term, immunity for non‐official
Q: Who is the Chief Executiveof the State? acts is lost. Such was the case of former
President Joseph Estrada. Immunity cannot
A: The President is the Head of State and the be claimed to shield a non‐sitting President
Chief Executive. from prosecution for alleged criminal acts
done while sitting in office. (Estrada v.
Desierto, G.R. Nos. 146710‐15, Mar. 2, 2001)
PRIVILEGES,INHIBITIONSAND
DISQUALIFICATIONS Q: What are the reasons for the President’s
immunity from suit?
a. IMMUNITYAND PRIVILEGES
A:
Q: What are the privileges of the President and 1. Separation of powers. The separation of
VP? powers principle is viewed as
demanding the executive’s
A: independence from the judiciary, so
PRESIDENT VICE‐PRESIDENT that the President should not be subject
PRIVILEGES to the judiciary’s whim. (Almonte v.
1. Salary shall not be Vasquez, G.R. No. 95367, May 23, 1995)
1. Official residence;
decreased during his
2. Salary is determined 2. Public convenience. The grant is to
tenure;
by law and not to be
2. If appointed to a assure the exercise of presidential
decreased during his
Cabinet post, no duties and functions free from any
tenure (Sec. 6, Art.
need for Commission hindrance or distraction, considering
VII);
on Appointments’ that the presidency is a job that, aside
3. Immunity from suit
for official acts.
confirmation (Sec. 3, from requiring all of the office‐holders’
Art. VII). time, demands undivided attention.
(Soliven v. Makasiar, G.R. No. 82585,
Nov. 14, 1988)
1. Executive Immunity
Note: President's immunity from suit does
Q: What are the rules on executive immunity? not extend to his alter egos. However, the
said immunity extends beyond his term,
A: A. (Rules on immunity during tenure) so long as the act, on which immunity is
1. The President is immune from suit invoked, was done during his term.
during his tenure. (In re: Bermudez, G.R.
No. 76180, Oct. 24, 1986) Q: Upon complaint of the incumbent President
2. An impeachment complaint may be of the Republic, Achernar was charged with libel
filed against him during his tenure. (Art. before the RTC. Achernar contends that if the
XI) proceedings ensue by virtue of the President’s
3. The President may not be prevented filing of her complaint‐affidavit, she may
from instituting suit. (Soliven v. subsequently have to be a witness for the
Makasiar, G.R. No. 82585, Nov. 14, prosecution, bringing her under the trial court’s
1988) jurisdiction. May Achernar invoke the
4. There is nothing in our laws that would President’simmunity?
prevent the President from waiving the
privilege. The President may shed the A: No. The immunity of the President from suit is
protection afforded by the privilege. personal to the President. It may be invoked only
(Soliven v. Makasiar, G.R. No. 82585, by the President and not by any other person.
Nov. 14, 1988) (Soliven v. Makasiar, G.R. No. 82585, Nov. 14,
5. Heads of departments cannot invoke 1988)
the President’s immunity. (Gloria v.
Court
15, of Appeals, G.R. No. 119903, Aug.
2000) 2. Executive Privilege
B. (Rule on immunity after tenure) Q: What is executive privilege?
POLITICALLAW TEAM:
VILLAMOR.
EXECUTIVE DEPARTMENT
A: It is the power of the President to withhold When an official is being summoned by Congress on
certain types of information from the public, the a matter which, in his own judgment, might be
courts, and the Congress. covered by executive privilege, he must be afforded
reasonable time to inform the President or the
Q: How is the privilegeinvoked? Executive Secretary of the possible need for invoking
the privilege. This is necessary in order to provide
A: Executive privilege must be invoked in relation the President or the Executive Secretary with fair
to specific categories of information and not to opportunity to consider whether the matter indeed
categories of persons. calls for a claim of executive privilege. If, after the
lapse of that reasonable time, neither the President
Note: While executive privilege is a constitutional nor the Executive Secretary invokes the privilege,
concept, a claim thereof may be valid or not Congress is no longer bound to respect the failure of
depending on the ground invoked to justify it and the official to appear before Congress and may then
the context in which it is made. Noticeably absent is opt to avail of the necessary legal means to compel
any recognition that executive officials are exempt his appearance. (Senate v. Ermita, G.R. No. 169777,
from the duty to disclose information by the mere April 20, 2006)
fact of being executive officials. (Senate v. Ermita,
G.R. No. 169777, April 20, 2006) Q: What is the requirement in invoking the
privilege?
Q: Is the invocation of this privilege through
executive orders, prohibiting executive officials A: A formal claim of the privilege is required. A
from participatingin legislativeinquiries,violate formal and proper claim of executive privilege
the constitutional right to information on requires a specific designation and description of
mattersof public concernof the people? the documents within its scope as well as precise
and certain reasons for preserving their
confidentiality. Without this specificity, it is
A: Yes. To the extent that investigations in aid of
impossible for a court to analyze the claim short
legislation are generally conducted in public,
of disclosure of the very thing sought to be
however, any executive issuance tending to
protected.
unduly limit disclosures of information in such
investigations necessarily deprives the people of Note: Congress must not require the President to
information which, being presumed to be in aid of state the reasons for the claim with such
legislation, is presumed to be a matter of public particularity as to compel disclosure of the
concern. The citizens are thereby denied access information which the privilege is meant to protect.
to information which they can use in formulating (Senate v. Ermita, G.R. No. 169777, April 20, 2006).
their own opinions on the matter before Congress
— opinions which they can then communicate to Q: Is the privilegeabsolute?
their representatives and other government
officials through the various legal means allowed A: No. Claim of executive privilege is subject to
by their freedom of expression. (Senate v. Ermita, balancing against other interest. Simply put,
G.R. No. 169777, April 20, 2006) confidentiality in executive privilege is not
absolutely protected by the Constitution. Neither
Q: Who can invoke executiveprivilege? the doctrine of separation of powers, nor the
need for confidentiality of high‐level
A: communications can sustain an absolute,
1. President unqualified Presidential privilege of immunity
from judicial process under all circumstances.
Note: The privilege being an extraordinary power, (Neri v. Senate,G.R. No. 180643, Mar. 25, 2008).
it must be wielded only by the highest official in
the executive department. Thus, the President Q: Sec. 1 of EO 464 required all heads of
may not authorize her subordinates to exercise departmentsin the Executive branch to secure
such power. the consent of the Presidentbefore appearingin
an inquiry conducted by either House of
2. Executive Secretary, upon proper authorization Congress, pursuant to Art. VI, sec. 22 of the
from the President Constitution. Does this section applies only
Note: The Executive Secretary must state that the questionhour? Is it valid?
authority is “By order of the President,” which A: Section 1, in view of its specific reference to
means he personally consulted with her. Section 22 of Article VI of the Constitution and
the absence of any reference to inquiries in aid of

43
legislation, must be construed as limited in its A:

application to appearances of department heads PRESIDENTIAL
DELIBERATIVEPROCESS
in the question hour contemplated in the COMMUNICATIONS
PRIVILEGE
provision of said Section 22 of Article VI. The PRIVILEGE
reading is dictated by the basic rule of Pertains to Includes advisory
construction that issuances must be interpreted, communications, opinions,
as much as possible, in a way that will render it documents or other recommendations and
constitutional. materials that reflect deliberations
presidential decision‐ comprising part of a
The requirement then to secure presidential making and deliberations process by which
that the President governmental decisions
consent under Section 1, limited as it is only to
believes should remain and policies are
appearances in the question hour, is valid on its
confidential formulated
face. For under Section 22, Article VI of the
decision‐
executive‐
Constitution, the appearance of department Applies to Applies to decision
making of
heads in the question hour is discretionary on making of the President
officials
their part. (Senate v. Ermita, G.R. No. 169777, April
Rooted in the
20, 2006)
constitutional principle
of separation of powers Rooted in common law
Note: Sec. 1 of EO 464 cannot, however, be applied
and the President’s privileges
to appearances of department heads in inquiries in
unique constitutional
aid of legislation. Congress is not bound in such
role
instances to respect the refusal of the department
head to appear in such inquiry, unless a valid claim
of privilege is subsequently made, either by the
Q: What are the elements of presidential
President herself or by the Executive Secretary.
communicationsprivilege?
(Senate v. Ermita, G.R. No. 169777, April 20, 2006)
Q: What are the varieties of executive privilege? A:
A: 1. The protected communication must

1. State secret privilege – invoked by relate to a “quintessential and non‐
Presidents on the ground that the delegable presidential power.”
information is of such nature that its
disclosure would subvert crucial military 2. The communication must be authored
or diplomatic objective. or “solicited and received” by a close
advisor of the President or the
2. Informer’s privilege – privilege of the President himself. The judicial test is
government not to disclose the identity that an advisor must be in “operational
of persons who furnish information in proximity” with the President.
violations of law to officers charged
with the enforcement of the law. 3. The presidential communications
privilege remains a qualified privilege
3. General privilege – for internal that may be overcome by a showing of
deliberations. Said to attach to intra‐ adequate need, such that the
governmental documents reflecting information sought “likely contains
advisory opinions, recommendations important evidence” and by the
and deliberations comprising part of a unavailability of the information
process by which governmental elsewhere by an appropriate
decisions and policies are formulated. investigating authority.
Note: In determining the validity of a claim of Q: Are presidential communications

privilege, the question that must be asked is presumptivelyprivileged?
not only whether the requested information
falls within one of the traditional privileges, but A: Yes. The presumption is based on the
also whether that privilege should be honored President’s generalized interesttoin guarantee
confidentiality.
in a given procedural setting. The privilege is necessary the
candor of presidential advisors and to provide the
Q: Differentiate Presidential Communications President and those who assist him with freedom
Privilege from DeliberativeProcess Privilege. to explore alternatives in the process of shaping
POLITICALLAW TEAM:
VILLAMOR.
policies and making decisions and to do so in a b. PROHIBITIONS,INHIBITIONSAND

way many could be unwilling to express except DISQUALIFICATIONS
privately. The presumption can be overcome only
by mere showing of public need by the branch Q: What are the prohibitions attached to the
seeking access to conversations. The courts are President, Vice‐President, Cabinet Members,
enjoined to resolve the competing interests of and their deputiesor assistants?
the political branches of the government “in the
manner that preserves the essential functions of A: The President, Vice‐President, the Members of
each Branch.” the Cabinet, and their deputies or assistants,
unless otherwise provided in this Constitution
Q: The House of Representatives’ House shall:
Committee conducted an inquiry on the Japan‐
Philippines Economic Partnership Agreement 1. Shall not receive any other emolument
(JPEPA),then being negotiatedby the Philippine from the government or any other source
Government. The House Committee requested (Sec. 6, Art. VII)
DTI Usec. Aquino to furnish it with a copy of the
latest draft of the JPEPA.Aquino replied that he 2. Shall not hold any other office or
shall provide a copy thereof once the employment during their tenure unless:
negotiationsare completed. a. Otherwise provided in the
Constitution (e.g. VP can be
A petition was filed with the SC which seeks to appointed as a Cabinet Member;
obtain a copy of the Philippine and Japanese Sec. of Justice sits on Judicial and
offers submitted during the negotiationprocess Bar Council)
and all pertinent attachments and annexes b. The positions are ex‐officio and
thereto. Aquino invoked executive privilege they do not receive any salary or
based on the ground that the informationsought other emoluments therefor (e.g.
pertains to diplomatic negotiations then in Sec. of Finance is head of
progress. On the other hand, Akbayan for their Monetary Board)
part invoke their right to informationon matters
of public concern. 3. Shall not practice, directly or indirectly,
any other profession during their tenure
Are matters involving diplomatic negotiations
coveredby executiveprivilege? 4. Shall not participate in any business
A: Yes. It is clear that while the final text of the 5. Shall not be financially interested in any
JPEPA may not be kept perpetually confidential, contract with, or in any franchise, or
the offers exchanged by the parties during the special privilege granted by the
negotiations continue to be privilege even after Government, including GOCCs
the JPEPA is published. Disclosing these offers
could impair the ability of the Philippines to deal 6. Shall avoid conflict of interest in conduct
not only with Japan but with other foreign of office
governments in future negotiations. (AKBAYAN
Citizen’s Action Party v. Aquino, G.R No. 170516, 7. Shall avoid nepotism (Sec. 13, Art. VII)
July 16, 2008)
Note: The spouse and relatives by
Note: Such privilege is only presumptive. th
consanguinity or affinity within the 4 civil
degree of the President shall not, during his
Q: How is the presumptionovercome? tenure, be appointed as:
a. Members of the Constitutional
A: Recognizing a type of information as privileged Commissions
does not mean that it will be considered b. Office of the Ombudsman
privileged in all instances. Only after a c. Secretaries
consideration of the context in which the claim is d. Undersecretaries
made may it be determined if there is a public e. Chairmen or heads of bureaus or
interest that calls for the disclosure of the desired offices, including GOCCs and their
information, strong enough to overcome its subsidiaries
traditionally privileged status. (AKBAYAN Citizen’s
Action Party v. Aquino, et al., G.R No. 170516, July If the spouse, etc., was already in any of the
16, 2008) above offices at the time before his/her spouse

45
became President, he/she may continue in and regulations and municipal ordinances, as well
office. What is prohibited is appointment and as treaties entered into by the government.
reappointment, not continuation in office.
Q: What is the scope of executive power?
Spouses, etc., can be appointed to the judiciary
and as ambassadors and consuls. A:
1. Executive power is vested in the
Q: Christian, the Chief PresidentialLegal Counsel President of the Philippines. (Sec. 1, Art.
(CPLC), was also appointed as Chairman of the VII, 1987 Constitution)
PCGG. May the two offices be held by the same 2. It is not limited to those set forth in the
person? Constitution (Residual powers). (Marcos
v. Manglapus, G.R. No. 88211, Oct. 27,
A: No. The two offices are incompatible. Without
1989)
question, the PCGG is an agency under the 3. Privilege of immunity from suit is
Executive Department. Thus, the actions of the personal to the President and may be
PCGG Chairman are subject to the review of the invoked by him alone. It may also be
CPLC. (Public Interest Group v. Elma, G.R. No. waived by the President, as when he
138965, June 30, 2006)
himself files suit. (Soliven v. Makasiar,
G.R. No. 82585, Nov. 14, 1988)
4. The President cannot dispose of state
POWERS OF THE PRESIDENT
property unless authorized by law.
(Laurel v. Garcia, G.R. No. 92013, July
a. EXECUTIVEAND ADMINISTRATIVEPOWERS IN 25, 1990)
GENERAL
Q: What are the specific powers of the
Q: What is executive power? President?
A: It is the power of carrying out the laws into A: He is the repository of all executive power,
practical operation and enforcing their due such as:
observance. (National Electrification 1. Appointing power (Sec. 16, Art. VII)
Administration v. CA, G.R. No. 143481, Feb. 15, 2. Power of control over all executive
2002). It is the legal and political functions of the departments, bureaus and offices (Sec.
President involving the exercise of discretion. 17, Art. VII)
It is vested in the President of the Philippines. 3. Commander‐in‐Chief powers (calling‐

out power, power to place the
Thus, the President shall have control of all Philippines under martial law, and
executive departments, bureaus and offices. He power to suspend the privilege of the
shall ensure that laws are faithfully executed. writ of habeas corpus) (Sec. 18, Art. VII)
(Sec. 17, Art. VI, 1987 constitution)
4. Pardoning power (Sec. 19, Art. VII)
5. Borrowing power (Sec. 20, Art. VII)
Note: Until and unless a law is declared
6. Diplomatic/Treaty‐making power (Sec.
unconstitutional, the President has a duty to execute
21, Art. VII)
it regardless of his doubts as to its validity. This is
known as the faithful execution clause. (Secs.1 and 7. Budgetary power (Sec. 22, Art. VII)
17, Art. VII, 1987 Constitution). 8. Informing power (Sec. 23, Art. VII)
9. Veto power (Sec. 27, Art. VI)
Q: What is the faithful execution clause? 10. Power of general supervision over local
governments (Sec. 4, Art. X)
A: Since executive power is vested in the 11. Power to call special session (Sec. 15,
President of the Philippines, he shall have control Art. VI)
of all executive departments, bureaus and offices.
Consequently, he shall ensure that the laws be Q: Is the power of the President limited only to
faithfully executed (Sec. 17, Art. VII). The power such specific powers enumerated in the
to take care that the laws be faithfully executed Constitution?
makes the President a dominant figure in the A: No. The powers of the President cannot be said
administration of the government. The law he is
supposed to enforce includes the Constitution, to be limited only to the specific power
statutes, judicial decisions, administrative rules enumerated in the Constitution. Executive power
is more than the sum of specific powers so
POLITICALLAW TEAM:
VILLAMOR.
enumerated. The framers did not intend that by duties on a person already in the public service. It
enumerating the powers of the President he shall is considered only as an acting or temporary
exercise those powers and no other. Whatever appointment, which does not confer security of
power inherent in the government that is neither tenure on the person named. (Binamira v.
legislative nor judicial has to be executive. These Garrucho, G.R. No. 92008, July 30, 1990)
unstated residual powers are implied from the
grant of executive power and which are necessary Note: The President has the power to temporarily
for the President to comply with his duties under designate an officer already in the government
he Constitution. (Marcos v. Manglapus, G.R. No. service or any other competent person to perform
88211, Oct. 27, 1989). the functions of an office in the executive branch. In
no case shall the temporary designation exceed one
Q: What is administrativepower? year.
A: Administrative power is concerned with the 2. Commissionon AppointmentsConfirmation

work of applying policies and enforcing orders as
determined by proper governmental organs. It
enables the President to fix a uniform standard of Q: What are four instances where confirmation
administrative efficiency and check the official of the Commissionon Appointmentsis required?
conduct of his agents. To this end, he can issue
administrative orders, rules and regulations. (Ople A:
v. Torres, G.R. No. 127685, July 23, 1998). 1. Heads of executive departments
GR: Appointment of cabinet secretaries

b. APPOINTINGPOWER requires confirmation.
XPN: Vice‐president may be appointed

1. In General
as a member of the Cabinet and such
appointment requires no confirmation.
Q: What is appointment?
(Sec. 3, Art. VII)
A: It is the selection, by the authority vested with
2. Ambassadors, other public ministers
the power, of an individual who is to exercise the
and consuls – those connected with the
functions of a given office.
diplomatic and consular services of the
country.
Note: An done
is usually appointment may
in writing be made
through verbally
what but
is called it
the
commission. 3. Officers of AFP from the rank of colonel
or naval captain
Q: What is the nature of the appointingpower of
the President? Note: PNP of equivalent ranks and Philippine
Coast Guard are not included.
A: The power to appoint is executive in nature.
4. Other officers of the government whose
While Congress and the Constitution in certain
appointments are vested in the
cases may prescribe the qualifications for
President in the Constitution (Sec. 16,
particular offices, the determination of who
Art. VII), such as:
among those who are qualified will be appointed
a. Chairmen and members of the
is the President’s prerogative. (Pimentel, et al. v.
CSC, COMELEC and COA (Sec. 1[2],
Ermita, et al., G.R. No. 164978, Oct. 13, 2005).
Art. IX‐B, C, D)
b. Regular members of the JBC (Sec.
Q: Are the appointments made by an acting
8[2], Art. VIII)
Presidenteffective?
Q: What is the appointing procedure for those

A: These shall remain effective unless revoked by
that need CA confirmation?
the elected President within 90 days from his
assumption or re‐assumption of office. (Sec. 14,
Art. VII) A:
1. Nomination by the President
Q: What is designation? 2. Confirmation by the CA
3. Issuance of commission
A: Designation means imposition of additional 4. Acceptance by the appointee (Cruz,

47
Philippine Political Law, 2002 ed., p. position, the appointment may not be subject to
207). judicial review.
Note: At anytime before all four steps have been Q: What are the limitations regarding the
complied with, the President can withdraw the appointing power of the president?
nomination and appointment. (Lacson v. Romero,
G.R. No. L‐3081, Oct. 14, 1949) A:
1. The spouse and relatives by consanguinity or
Q: What is the appointing procedure for those affinity within the 4th civil degree of the
that do not need CA confirmation? President shall not, during his "tenure" be
appointed:
A: a. As members of the Constitutional
1. Appointment Commissions
2. Acceptance b. Member of the Office of
Ombudsman
Q: Distinguish an ad interim appointment from c. Secretaries
an appointmentin an acting capacity. d. Undersecretaries
e. Chairmen or heads of bureaus or
A: offices, including government‐
AD INTERIM APPOINTMENTIN AN owned or controlled corporations
APPOINTMENT ACTING CAPACITY and their subsidiaries. (Sec. 13[2],
Made at any time there Art. VII)
Made if Congress is not is vacancy, i.e., whether
in session Congress is in session or
2. GR: Two months immediately before the
not
next Presidential elections (2nd Monday of
Requires confirmation of Does not require
May), and up to the end of his "term" (June
CA confirmation of CA
30), a President (or Acting President) shall
Permanent in nature Temporary in nature
not make appointments.
Appointee enjoys Appointee does not
security of tenure enjoy security of tenure
XPN: Temporary appointments, to executive
positions, when continued vacancies therein
will prejudice public service (Sec. 15, Art. VII)
Q: Is the act of the President in appointing acting
(e.g. Postmaster); or endanger public safety
secretaries constitutional, even without the
consent of the Commission on Appointments (e.g. Chief of Staff).
while Congress is in session?
3. Midnight Appointments
A: Yes. Congress, through a law, cannot impose
on the President the obligation to appoint Q: Sec. 15, Art. VII of the 1987 Constitution
automatically the undersecretary as her prohibits the President from making
temporary alter ego. An alter ego, whether appointments two months before the next
temporary or permanent, holds a position of presidential elections and up to the end of his
great trust and confidence. The office of a term. To what types of appointment is said
department secretary may become vacant while prohibitiondirected against?
Congress is in session. Since a department
secretary is the alter ego of the President, the A: Section 15, Article VII is directed against two
acting appointee to the office must necessarily types of appointments:
have the President’s confidence. (Pimentel v.
Ermita, G.R. No. 164978, Oct. 13, 2005) 1. Those made for buying votes – refers to
those appointments made within two
Note: Acting appointments cannot exceed one year. months preceding the Presidential
(Section 17[3], Chapter 5, Title I, Book III of EO 292).
election and are similar to those which
are declared election offenses in the
Q: May an appointment be the subject of a
Omnibus Election Code; and
judicial review?
A: Generally, no. Appointment is a political

2. Those made for partisan considerations
question. So long as the appointee satisfies the
– consists of the so‐called “midnight”
minimum requirements prescribed by law for the
appointments. (In Re: Hon. Mateo A.
POLITICALLAW TEAM:
VILLAMOR.
Valenzuela and Hon. Placido B. Vallarta, midnight appointments to the Judiciary. (De
A.M. No. 98‐5‐01‐SC Nov. 9, 1998) Castro v. JBC, G.R. No. 191002, Mar. 17, 2010)
Q: Does an outgoing President have the power

to appoint the next Chief Justice within the c. POWEROF REMOVAL
period starting two months before the
presidential elections until the end of the Q: Where does the Presidentderive his power of
presidentialterm? Discussthoroughly.
removal?
A: Yes. Article VII is devoted to the Executive

A: The President derives his implied power of
Department, and, among others, it lists the
powers vested by the Constitution in the removal from other powers expressly vested in
President. The presidential power of appointment him.
is dealt with in Sections 14, 15 and 16 of the

Article. 1. It is implied from his power to
appoint.
Article VIII is dedicated to the Judicial Department
and defines the duties and qualifications of 2. Being executive in nature, it is
Members of the Supreme Court, among others. implied from the constitutional
Section 4(1) and Section 9 of this Article are the provision vesting the executive
provisions specifically providing for the power in the President.
appointment of Supreme Court Justices. In
particular, Section 9 states that the appointment 3. It may be implied from his function to
of Supreme Court Justices can only be made by take care that laws be properly
the President upon the submission of a list of at executed; for without it, his orders
least three nominees by the JBC; Section 4(1) of for law enforcement might not be
the Article mandates the President to fill the effectively carried out.
vacancy within 90 days from the occurrence of
the vacancy. 4. The power may be implied from the
President’s control over the
Had the framers intended to extend the administrative departments, bureaus,
prohibition contained in Section 15, Article VII to and offices of the government.
the appointment of Members of the Supreme Without the power to remove, it
would not be always possible for the
Court, theyhave
could not could have explicitly
ignored done so.
the meticulous They
ordering President to exercise his power of
of the provisions. They would have easily and control. (Sinco, Philippine Political
surely written the prohibition made explicit in Law, 1954 ed., p. 275)
Section 15, Article VII as being equally applicable
to the appointment of Members of the Supreme Q: Can the President remove all the officials he
Court in Article VIII itself, most likely in Section 4 appointed?
(1), Article VIII. That such specification was not
done only reveals that the prohibition against the A: No. All officials appointed by the President are
President or Acting President making also removable by him since the Constitution
appointments within two months before the next prescribes certain methods for the separation
presidential elections and up to the end of the from the public service of such officers. (Cruz,
President’s or Acting President’s term does not Philippine Political Law, 2002 ed., pp. 209‐210)
refer to the Members of the Supreme Court.
Note: Members of the career service of the Civil
Given the background and rationale for the Service who are appointed by the President may be
prohibition in Section 15, Article VII, there is no directly disciplined by him (Villaluz v. Zaldivar, G.R.
doubt that the Constitutional Commission No. L‐22754, Dec. 31, 1965) provided that the same
confined the prohibition to appointments made is for cause and in accordance with the procedure
in the Executive Department. The framers did not prescribed by law.
need to extend the prohibition to appointments
in the Judiciary, because their establishment of Members of the Cabinet and such officers whose
continuity in office depends upon the President may
the JBC and their subjecting the nomination and
be replaced at any time. Legally speaking, their
screening of candidates for judicial positions to
separation is effected not by the process of removal
the unhurried and deliberate prior process of the
JBC ensured that there would no longer be

49
but by the expiration of their term. (Aparri v. CA, take effect. Thus, being the agent of Congress and
G.R. No. L‐30057, Jan. 31, 1984) not of the President, the latter cannot alter, or
modify or nullify, or set aside the findings of the
Secretary of Finance and to substitute the judgment
d. POWER OF CONTROLAND SUPERVISION of the former for that of the latter.
Q: What is the power of control? Q: What is the reason for the alter ego doctrine?
A: Control is the power of an officer to alter or A: Since the President is a busy man, he is not
modify or nullify or to set aside what a expected to exercise the totality of his power of
subordinate has done in the performance of his control all the time. He is not expected to
duties and to substitute one’s own judgment for exercise all his powers in person. He is expected
that of a subordinate. to delegate some of them to men of his
confidence, particularly to members of his
Note: The President’s power over GOCCs comes not
Cabinet.
from the Constitution, but from statute. Hence, it
may be taken away by statute.
2. Executive Departmentsand Offices

The President has full control of all the members of
his Cabinet. He may appoint them as he sees fit,
Q: Can Department Heads exercise power of
shuffle them at pleasure, and replace them in his
control in behalf of the President?
discretion without any legal inhibition whatever.
However, such control is exercisable by the
A: Yes. The President’s power of control means
President only over the acts of his subordinates and
his power to reverse the judgment of an inferior
not necessarily over the subordinate himself. (Ang‐
officer. It may also be exercised in his behalf by
Angco v. Castillo, G.R. No.L‐17169, Nov. 30, 1963)
Department Heads.
Note: The Sec. of Justice may reverse the judgment

1. Doctrine of Qualified Political Agency
of a prosecutor and direct him to withdraw an
information already filed. One who disagrees,
Q: What is the doctrine of qualified political
agency or alter ego principle? however, may appeal to the Office of the President
in order to exhaust administrative remedies prior
filing to the court.
A: It means that the acts of the secretaries of the
Executive departments performed and
Q: Can the Executive Secretary reverse the
promulgated in the regular course of business are decision of another departmentsecretary?
presumptively the acts of the Chief Executive.
(Villena v. Secretary of the Interior, G.R. No. L‐ A: Yes. The Executive Secretary when acting “by
46570, April 21, 1939) authority of the President” may reverse the
decision of another department secretary.
Q: What are the exceptions to the alter ego
(Lacson‐Magallanes Co., Inc. v. Paño, G.R. No. L‐
doctrine?
27811, Nov. 17, 1967)
A:
1. If the acts are disapproved or 3. Local GovernmentUnits
reprobated by the President;
2. If the President is required to act in Q: What is the power of general supervision?
person by law or by the Constitution.
A: This is the power of a superior officer to ensure
Note: In the case of Abakada Guro v. Executive
Secretary, G.R. No. 168056, Sept. 1, 2005, the SC that the laws are faithfully executed by
held that the Secretary of Finance can act as an
subordinates. The power of the President over
agent of the Legislative Dept. to determine and LGUs is only of general supervision. Thus, he can
declare the event upon which its expressed will is to only interfere in the affairs and activities of a LGU
POLITICALLAW TEAM:
VILLAMOR.
if he finds that the latter acted contrary to law. forces, the principle announced in Art. II,
The President or any of his alter egos cannot Sec. III is bolstered. Thus, the Constitution
interfere in local affairs as long as the concerned lessens the danger of a military take‐over
LGU acts within the parameters of the law and of the government in violation of its
the Constitution. Any directive, therefore, by the republican nature.
President or any of his alter egos seeking to alter

The President as Commander‐in‐Chief can
the wisdom of a law‐conforming judgment on
prevent the Army General from appearing
local affairs of a LGU is a patent nullity, because it
in a legislative investigation and, if
violates the principle of local autonomy, as well as disobeyed, can subject him to court
the doctrine of separation of powers of the martial. (Gudani v. Senga, G.R. No.
executive and the legislative departments in 170165, Aug. 15, 2006)
governing municipal corporations. (Dadole v.
COA, G.R. No. 125350, Dec. 3, 2002) 2. Calling‐out powers – Call the armed
forces to prevent or suppress lawless
Q: Distinguishcontrolfrom supervision. violence, invasion, or rebellion. The only
criterion for the exercise of this power
A: is that whenever it becomes necessary.
CONTROL SUPERVISION
An officer in control lays The supervisor or Note: The declaration of a state of
down the rules in the superintendent merely emergency is merely a description of a
doing of an act. sees to it that the rules situation which authorizes her to call out
are followed, but he the Armed Forces to help the police
himself does not lay
maintain law and order. It gives no new
down such rules.
power to her, nor to the police. Certainly,
If the rules are not The supervisor does not
followed, the officer in have the discretion to it does not authorize warrantless arrests
control may, in his modify or replace them. or control of media. (David v. Ermita, G.R.
discretion, order the act If the rules are not No. 171409, May 3, 2006)
undone or re‐done by observed, he may order
his subordinate or he the work done or re‐ The Constitution does not require the
may even decide to do it done but only to President to declare a state of rebellion to
himself. conform to the exercise her calling out power grants.
prescribed rules. (Drilon Section 18, Article VII grants the President,
v. Lim, G.R. No. 112497,
Aug. 4, 1994) as Commander‐in‐Chief a “sequence” of
“graduated powers.” (Sanlakas v.
Note: The power of supervision does not include the Executive Secretary, G.R. No. 159085, Feb.
power of control; but the power of control 3, 2004)
necessarily includes the power of supervision.
3. Suspension of the privilege of the writ of
habeas corpus
‐IN‐CHIEFPOWERS
e. COMMANDER
Note: A “writ of habeas corpus” is an
order from the court commanding a
Q: What is the scope of the President’s
Commander‐in‐Chief powers? detaining officer to inform the court if he
has the person in custody, and what is his
A: basis in detaining that person.
1. Command of the Armed Forces – The
The “privilege of the writ” is that portion
Commander‐in‐Chief clause vests on
the President, as Commander‐in‐Chief, of the writ requiring the detaining officer
absolute authority over the persons and to show cause why he should not be
actions of the members of the armed tested. What is permitted to be
forces. (Gudani v. Senga, G.R. No. suspended by the President is not the writ
170165, Aug. 15, 2006) itself but its privilege.
Note: By making the President the 4. He may proclaim martial law over the
Commander‐in‐Chief of all the armed entire Philippines or any part thereof.

51
Q: What are the requisites for the suspension of 3. Duration: Not more than 60 days
the privilege of the writ of habeas corpus? following which it shall be automatically
lifted unless extended by Congress.
A: 4. Duty of the President to report to
Congress: within 48 hours personally or
1. There must be an invasion or rebellion
2. Public safety requires the suspension in writing.
5. Authority of Congress to revoke or
Note: The invasion and rebellion must be actual and extend the effectivity of proclamation:
by majority vote of all of its members
not merely imminent.
voting jointly.
Q: Can the Supreme Court inquire into the
Note: Once revoked by Congress, the
factual basis of the suspensionof the privilege of
President cannot set aside the revocation.
the writ of habeas corpus?
Q: What are the limitations on the declaration of
A: Yes. The Supreme Court declared that it had
martial law?
the power to inquire into the factual basis of the
suspension of the privilege of the writ and to A: Martial law does not:
annul the same if no legal ground could be 1. Suspend the operation of the
established. Hence, the suspension of the Constitution;
2. Supplant the functioning of the civil
privilege of the writ is no longer a political
courts or legislative assemblies;
question to be resolved solely by the President.
3. Authorize conferment of jurisdiction
(Lansang v. Garcia, G.R. No. L‐33964, Dec. 11, over civilians where civil courts are able
1971) to function;
Note: Also applies to the proclamation of martial Note: Civilians cannot be tried by military
law. courts if the civil courts are open and
functioning. (Olaguer v. Military
Q: Is the right to bail impaired if the privilege of
Commission No. 34, G.R. No. L‐54558, May
the writ of habeas corpus is suspended? 22, 1987).
A: The right to bail shall not be impaired even

when the privilege of the writ of habeas corpus is 4. Automatically suspend the privilege of
the writ of habeas corpus.
suspended. (Sec. 13, Art. III, 1987 Constitution).
Note: When martial law is declared, no new powers
Q: What are the limitations on the suspension of are given to the President; no extension of arbitrary
the privilege of writ of habeas corpus? authority is recognized; no civil rights of individuals
are suspended. The relation of the citizens to their
A: State is unchanged.
1. Applies only to persons judicially
charged for rebellion or offenses Supreme Court cannot rule upon the correctness of
inherent in or directly connected with the President’s actions but only upon its
invasion; and arbitrariness.
2. Anyone arrested or detained during
suspension must be charged within 3 Q: What are the ways to lift the proclamation of
days. Otherwise, he should be released. martial law?
Q: State the guidelines in the declaration of

A:
martial law.
1. Lifting by the President himself
2. Revocation by Congress
A:
1. There must be an invasion or rebellion, 3.
4. Nullification
By operationbyofthe
lawSCafter 60 days (Sec.
and 18, Art. VII)
2. Public safety requires the proclamation
of martial law all over the Philippines or
any part thereof.
POLITICALLAW TEAM:
VILLAMOR.
Q: Is the actual use of the armed forces by the recommendations either to Congress or the
Presidentsubjectto judicialreview? people, in whom constituent powers are vested.
(Province of North Cotabato v. Gov’t of the
A: No. While the suspension of the privilege of Republic of the Philippines Peace panel on
the writ of habeas corpus and the proclamation of Ancestral Domain, G.R. No. 183591, Oct.14, 2008)
martial law is subject to judicial review, the actual
use by the President of the armed forces is not.
Thus, troop deployments in times of war are f. PARDONINGPOWER
subject to the President’s judgment and
discretion. (IBP v. Zamora, G.R. No. 141284, Aug. Q: What is the purpose of executive clemency?
15, 2000) Can it be delegated?
Q: Are peace negotiationswith rebel groups part A: Executive clemency is granted for the purpose
of relieving the harshness of the law or correcting
of presidentialpower?
mistakes in the administration of justice. The
power of executive clemency is a non‐delegable
A: Yes. The President’s power to conduct peace
power and must be exercised by the President
negotiations is implicitly included in her powers personally.
as Chief Executive and Commander‐in‐Chief. As
Chief Executive, the President has the general Note: Clemency is not a function of the judiciary; it is
an executive function. The grant is discretionary, and
responsibility to promote public peace, and as
may not be controlled by the legislature or reversed
Commander‐in‐Chief, she has the more specific by the court, save only when it contravenes its
duty to prevent and suppress rebellion and limitations.
lawless violence. (Province of North Cotabato v.
Gov’t of the Republic of the Philippines Peace The power to grant clemency includes cases
involving administrative penalties.
Panel on Ancestral Domain, G.R. No. 183591, Oct.
14, 2008). In granting the power of executive clemency upon
the President, Sec. 19, Art. VII of the Constitution
Q: May the President, in the exercise of peace does not distinguish between criminal and
negotiations, agree to pursue reforms that administrative cases.
would require new legislationand constitutional
amendments, or should the reforms be If themore
with President canhegrant
reason can pardons in criminal
grant executive cases,
clemency
restricted only to those solutions which the in administrative cases, which are less serious.
presentlaws allow? (Llamas v. Orbos, G.R. No. 99031, Oct. 15, 1991)
A: If the President is to be expected to find means Q: What is the scope of the President’s
for bringing this conflict to an end and to achieve pardoning power? (Forms of executive
lasting peace in Mindanao, then she must be clemency)
given the leeway to explore, in the course of
A: The President may grant the following:
peace negotiations, solutions that may require
[ Pa R C Re A ]
changes to the Constitution for their
1. Pardons (conditional or plenary)
implementation. So long as the President limits 2. Reprieves
herself to recommending these changes and 3. Commutations
submits to the proper procedure for 4. Remission of fines and forfeitures
constitutional amendment and revision, her mere 5. Amnesty
recommendation need not be construed as
Note: The first 4 require conviction by final judgment
unconstitutional act. Given the limited nature of
while amnesty does not.
the President’s authority to propose
constitutional amendments, she cannot
guarantee to any third party that the required Q: Are there limitations to the President’s
pardoningpower?
amendments will eventually be put in place, nor
even be submitted to a plebiscite. The most she A: Yes. It:
could do is submit these proposals as

53
1. Cannot be granted in cases of necessary before he can be declared to have

impeachment. violated the condition of her pardon. (Torres v.
2. Cannot be granted for violations of Gonzales, G.R. No. L‐76872, July 23, 1987)
election laws without favorable
recommendations of the COMELEC. Q: Can an offender reject pardon?
3. Can be granted only after convictions by
final judgment (except amnesty). A: It depends.
4. Cannot be granted in cases of civil or
legislative contempt. 1. Conditional Pardon ‐ the offender has the right
5. Cannot absolve convict of civil liability. to reject it since he may feel that the condition
6. Cannot restore public offices forfeited. imposed is more onerous than the penalty sought
to be remitted.
Q: What is pardon? What are its legal effects?
2. Absolute Pardon ‐ the pardonee has no option

A: Pardon is an act of grace which exempts
at all and must accept it whether he likes it or
individual on whom it is bestowed from
not.
punishment which the law inflicts for a crime he
has committed. As a consequence, pardon Note: In this sense, an absolute pardon is
granted after conviction frees the individual from similar to commutation, which is also not
all the penalties and legal disabilities and restores subject to acceptance by the offender. (Cruz,
him to all his civil rights. But unless expressly Philippine Political Law, 2002 ed., p. 232)
grounded on the person’s innocence (which is
rare), it cannot bring back lost reputation for Q: Mon Daraya, the assistant city treasurer of
honesty, integrity and fair dealing. (Monsanto v. Caloocan, was convicted of estafa through
Factoran, G.R. No. 78239, Feb. 9, 1989) falsification of public documents. However, he
was granted an absolute pardon, prompting him
Note: Because pardon is an act of grace, no legal to claim that he is entitled to be reinstatedto his
power can compel the President to give it. Congress former public office. Is Mon’s contention
has no authority to limit the effects of the tenable?
President’s pardon, or to exclude from its scope any
class of offenders. Courts may not inquire into the A: No. Pardon does not ipso facto restore a
wisdom or reasonableness of any pardon granted by convicted felon neither to his former public office
the President. nor to his rights and privileges which were
necessarily relinquished or forfeited by reason of
Q: What are the kinds of pardon? What makes
the conviction although such pardon undoubtedly
them different from each other?
restores his eligibility to that office. (Monsanto v.
Factoran, G.R. No. 78239, Feb. 9, 1989)
A:
1. Absolute pardon ‐ one extended
Q: What is reprieve?
without any conditions
A: It is the postponement of sentence to a date

2. Conditional pardon ‐ one under which
the convict is required to comply with certain, or stay of execution.
certain requirements
Note: It may be ordered to enable the government
3. Plenary pardon ‐ extinguishes all the to secure additional evidence to ascertain the guilt
penalties imposed upon the offender, of the convict or, in the case of the execution of the
including accessory disabilities partial death sentence upon a pregnant woman, to prevent
pardon does not extinguish all penalties the killing of her unborn child.
4. Partial pardon ‐ does not extinguish all

the penalties Q: What is commutation?
A: It is the reduction or mitigation of the penalty,
Note: A judicial pronouncement that a convict who
from death penalty to life imprisonment,
was granted a pardon subject to the condition that
he should not again violate any penal law is not
remittances and fines. Commutation is a pardon
POLITICALLAW TEAM:
VILLAMOR.
in form but not in substance, because it does not the terms upon which the sentence shall be
affect his guilt; it merely reduces the penalty for suspended.
reasons of public interest rather than for the sole
benefit of the offender. Q: What is amnesty?
Note: Commutation does not have to be in any form. A: It is a grant of general pardon to a class of
Thus, the fact that a convict was released after 6 political offenders either after conviction or even
years and placed under house arrest, which is not a before the charges are filed. It is the form of
penalty, already leads to the conclusion that the executive clemency which under the Constitution
penalty has been shortened. may be granted by the President only with the
concurrence of the legislature.
Q: Can the SC review the correctness of the
action of the President in granting executive Note: Thus, the requisites of amnesty are (a)
clemency by commuting the penalty of concurrence of a majority of all the members of
dismissal, as ruled by the Court, to a dismissed Congress and (b) a previous admission of guilt.
clerk of court?
Q: What are the effectsof the grant of amnesty?
A: Yes. By doing so, the SC is not deciding a
political question. What it is deciding is whether A: Criminal liability is totally extinguished by
or not the President has the power to commute amnesty; the penalty and all its effects are thus
the penalty of the said clerk of court. As stated in extinguished. Amnesty reaches back to the past
Daza v. Singson, G.R. No. 87721‐30, December 21, and erases whatever shade of guilt there was. In
1989, it is within the scope of judicial power to the eyes of the law, a person granted amnesty is
pass upon the validity of the actions of the other considered a new‐born child. (Cruz, Philippine
departments of the Government. Political Law, 2002 ed., p. 237)
Q: What is remission? Q: Differentiateamnestyfrom pardon.
A: Remission of fines and forfeitures merely A:
prevents the collection of fines or the confiscation AMNESTY PARDON

Addressed to Political Addressed to Ordinary
of forfeited property. It cannot have the effect of offenses offenses
returning property which has been vested in third
Granted to a Class of
parties or money already in the public treasury. Granted to Individuals
Persons
Note: The power of the President to remit fines and

Requires concurrence of
forfeitures may not be limited by any act of Does not require
majority of all members
Congress. But a statue may validly authorize other concurrence of Congress
of Congress
officers, such as department heads or bureau chiefs,
to remit administrative fines and forfeitures. Public act to which the
Private act which must
court may take judicial
Q: What is probation? be pleaded and proved
notice of
Looks forward and
Looks backward and
A: It is a disposition under which a defendant relieves the pardonee of
puts to oblivion the
after conviction and sentence is released subject the consequence of the
offense itself
to conditions imposed by the court and to the offense
supervision of a probation officer. Only granted after

May be granted before
conviction by final
or after conviction
Q: What is a parole? judgment
Need not be accepted Must be accepted

A: The suspension of the sentence of a convict
granted by a Parole Board after serving the
minimum term of the indeterminate sentence
penalty, without granting a pardon, prescribing

55
g. DIPLOMATICPOWERS President may still exercise this

power.
Q: What are the President’spowers over foreign c. The power to deport aliens is
affairs? limited by the requirements of due
process, which entitles the alien to
A: The President is the chief architect of foreign a full and fair hearing.
relations. By reason of the President's unique d. But: the alien is not entitled to bail
as a matter of right. (Tan Sin v. The
position as Head of State, he is the logical choice
Deportation Board, G.R. No. L‐
as the nation's spokesman in foreign relations.
11511, Nov. 28, 1958)
The Senate, on the other hand, is granted the
right to share in the treaty‐making power of the Note: The adjudication of facts upon
President by concurring with him with the right to which the deportation is predicated
amend. devolved on the President whose decision
is final and executory. (Tan Tong v.
Q: What is the scope of the foreign relations Deportation Board, G.R. No. L‐7680, April
powers of the President? 30, 1955)
A: The President’s diplomatic powers include 6. Decide that a diplomatic officer who has
become persona non grata be recalled.
power to:
1. Negotiate treaties and other
7. Recognize governments and withdraw
international agreements. However,
recognition. (Cruz, Philippine Political
such treaty or international agreement
Law, 2002 ed., p. 239)
requires the concurrence of the Senate
(Sec. 21, Art. VII) which may opt to do
Q: Where do the President’s diplomatic powers
the following:
come from?
a. Approve with 2/3 majority;
b. Disapprove outright; or
c. Approve conditionally, with A: The extensive authority of the President in
suggested amendments which if foreign relations in a government patterned after
re‐negotiated and the Senate’s that of the US proceeds from 2 general sources:
suggestions are incorporated, the 1. The Constitution
treaty will go into effect without 2. The status of sovereignty and
need of further Senate approval. independence of a state.
2. Appoint ambassadors, other public Q: Who ratifies a treaty? What is the scope of
ministers, and consuls.
the power to concur treaties and international
agreements?
3. Receive ambassadors and other public
ministers accredited to the Philippines.
(Cruz, Philippine Political Law, 2002 ed., A: The power to ratify is vested in the President
p. 239). subject to the concurrence of Senate. The role of
the Senate, however, is limited only to giving or
4. Contract and guarantee foreign loans withholding its consent or concurrence. Hence, it
on behalf of RP. (Sec. 20, Art. VII). is within the authority of the President to refuse
to submit a treaty to the Senate. Although the
5. Deport aliens:
refusal of a state to ratify a treaty which has been
a. This power is vested in the
President by virtue of his office, signed in his behalf is a serious step that should
subject only to restrictions as may not be taken lightly, such decision is within the
be provided by legislation as competence of the President alone, which cannot
regards to the grounds for be encroached upon by the Court via a writ of
deportation. (Sec. 69, Revised mandamus. (Pimentel v. Ermita, G.R. No. 164978,
Administrative Code).
Oct. 13, 2005)
b. In the absence of any legislative
restriction to authority, the
POLITICALLAW TEAM:
VILLAMOR.
Note: The power of the Senate to give its A:

concurrence carries with it the right to introduce 1. Authority to impound given to the
amendments to a treaty. If the President does not President either expressly or impliedly
agree to any amendments or reservations added to a by Congress
treaty by the Senate, his only recourse is to drop the 2. The executive power drawn from the
treaty entirely. But if he agrees to the changes, he President’s role as Commander‐in‐Chief
may persuade the other nation to accept and adopt
3. Faithful Execution clause
the modifications.
Note: Proponents of impoundment insist

that a faithful execution of the laws
h. BUDGETARYPOWER requires that the President desist from
implementing the law if doing so would
Q: What is budgetarypower? prejudice public interest. An example
given is when through efficient and
A: Within 30 days from opening of every regular
prudent management of a project,
session, the President shall submit to Congress a
substantial savings are made. In such a
budget of expenditures and sources of financing,
case, it is sheer folly to expect the
including receipts from existing and proposed
revenue measures. (Sec. 22, Art. VII). President to spend the entire amount
budgeted in the law. (PHILCONSA v.
Note: This power is properly entrusted to the Enriquez, G.R. No. 113105, Aug. 19, 1994)
President as it is the President who, as chief
administrator and enforcer of the laws, is in the best
position to determine the needs of the government
and propose the corresponding appropriations
therefor on the basis of existing or expected sources
of revenue.
i. RESIDUALPOWER
Q: What are residualpowers?

A: Whatever power inherent in the government
that is neither legislative nor judicial has to be
executive. These unstated residual powers are
implied from the grant of executive power and
which are necessary for the President to comply
with his duties under he Constitution. (Marcos v.
Manglapus, G.R. No. 88211, Oct. 27, 1989)
Note: Residual powers are those not stated or found

in the Constitution but which the President may
validly exercise.
j. ImpoundmentPower
Q: What is impoundmentpower?
A: Impoundment refers to the refusal of the

President, for whatever reason, to spend funds
made available by Congress. It is the failure to
spend or obligate budget authority of any type.
Q: What are the principalsourcesof this power?

57
E. JUDICIALDEPARTMENT qualified, conditional or subject to limitations, the

issue of whether the prescribed qualifications or
a. JUDICIALPOWER conditions have been met or the limitations
respected is justiciable—the problem being one
Q: What is judicial power? of legality or validity, not its wisdom. Moreover,
the jurisdiction to delimit constitutional
A: Includes the duty of the courts of justice to boundaries has been given to the SC. When
settle actual controversies involving rights which political questions are involved, the Constitution
are legally demandable and enforceable, and to limits the delimitation as to whether or not there
determine whether or not there has been a grave has been a grave abuse of discretion amounting
abuse of discretion amounting to lack or excess of to lack or excess of jurisdiction on the part of the
jurisdiction on the part of any branch or official whose action is being questioned.
instrumentality of the Government. (Sec. 1[2],
Art. VIII) Note: The courts cannot be asked for advisory
opinions.
Q: In what body is it vested?
Q: Can judicial power be shared?
A: It is vested in one Supreme Court (SC) and such
lower courts as may be established by law. (Sec. A: No. The US SC declared that judicial power
1, Art. VIII) cannot be shared, as the powers of the legislature
and executive cannot also thereby be shared. (US
Q: Distinguish justiciablequestions from political v. Nixon, 418 US 683 41 Led 2d 1039, 94 SC t
questions. 3090, 1974)
A: Q: What is the power of judicial inquiry?

JUSTICIABLE POLITICALQUESTIONS
QUESTIONS A: It is the power of the court to inquire into the
Imply a given right Questions which involve exercise of discretionary powers to determine
legally demandable and the policy or the wisdom whether there is grave abuse of discretion
enforceable, an act or of the law or act, or the amounting to lack or excess of jurisdiction.
omission violative of morality or efficacy of
such right, and a remedy the same. Generally it It is the power of the court to determine the
granted and sanctioned cannot be inquired by validity of government acts in conformity with the
by law for said breach of the courts. Further,
right these are questions Constitution.
which under the
Constitution:
b. JUDICIALREVIEW
a. Are decided by the

Q: What is the power of judicial review?
people in their
sovereign capacity;
A: The power of the SC to declare a law, treaty,
and
ordinance and other governmental act
b. Where full unconstitutional.
discretionary
authority has been Q: What are the requisites of judicial review?
delegated either to
the executive or A:
legislative 1. Actual case – an existing case or controversy
department. which is both ripe for resolution and
susceptible of judicial determination, and that
Q: How does the definition of judicial power which is not conjectural or anticipatory, or
under the present Constitution affect the that which seeks to resolve hypothetical or
political question doctrine? feigned constitutional problems.
A: The 1987 Constitution expands the concept of Note: A petition raising a constitutional question
judicial review. Under the expanded definition, does not present an “actual controversy” unless it
alleges a legal right or power. Moreover, it must
the Court cannot agree that the issue involved is a
show that a conflict of rights exists, for inherent in
political question beyond the jurisdiction of the
the term “controversy” is the presence of opposing
court to review. When the grant of power is
POLITICALLAW TEAM:
VILLAMOR.
JUDICIAL DEPARTMENT
views or contentions. The controversy must also be considered in trial and, if not considered in trial, it
justiciable; that is, it must be susceptible of judicial cannot be considered on appeal.
determination. (IBP v. Hon. Ronaldo B. Zamora, G.R.
No. 141284, Aug. 15, 2000) The Ombudsman has no jurisdiction to entertain
questions regarding constitutionality of laws. Thus,
2. Proper party – one who has sustained or is in when the issue of constitutionality a law was raised
immediate danger of sustaining an injury as a before the Court of Appeals (CA), which is the
result of the act complained of. competent court, the constitutional question was
raised at the earliest opportune time. (Estarija v.
GR: If there is no actual or potential injury, Ranada, G.R. No. 159314, June 26, 2006)
complainant has no legal personality to raise
Constitutional questions The NLRC’sforemostfunctionis to administerand enforce
R.A. No. 8042, and not to inquireinto the validityof its
XPN: If the question is of transcendental provisions.Therefore, even if the issue on the
importance constitutionality of the subject clause was first
raised, not in petitioner's appeal with the NLRC, but
Note: The Principle of Transcendental in his Motion for Partial Reconsideration with said
Importance is determined by: labor tribunal, and reiterated in his Petition
for Certiorari before the CA, the issue is deemed
a. The character of the funds or other seasonably raised because it is not the NLRC but the
assets involved in the case; CA which has the competence to resolve the
constitutional issue. (Serrano v. NLRC, G.R.No. 167614,
b. The presence of a clear case of Mar.29, 2009)
disregard of a constitutional or statutory
prohibition by the public respondent 4. Necessity of deciding constitutional questions –
agency or instrumentality of the as a joint act of the legislative and executive
government; authorities, a law is supposed to have been
carefully studied and determined to be
c. The lack of any other party with a more constitutional before it was finally enacted. As
direct and specific interest in raising the long as there are other bases which courts can
questions being raised. (Francisco, Jr. v. use for decision, constitutionality of the law
House of Representatives, G.R. No. will not be touched.
160261, Nov. 10, 2003)
Q: What are the requisites before a law can be
3. Earliest opportunity – Constitutional question declaredpartiallyunconstitutional?
must be raised at the earliest possible
opportunity. If not raised in pleadings, it A:
cannot be considered in trial and on appeal. 1. The legislature must be willing to retain valid
However, such is not absolute. It is subject to portion (separability clause)
the following conditions:
2. The valid portion can stand independently as
a. Criminal case – it may be brought at any law
stage of the proceedings according to the
discretion of the judge (trial or appeal) Q: What is the Principleof Stare Decisis?
because no one shall be brought within the
terms of the law who are not clearly within A: A principle underlying the decision in one case
them and the act shall not be punished when is deemed of imperative authority, controlling the
the law does not clearly punish them. decisions of like cases in the same court and in
lower courts within the same jurisdiction, unless
b. Civil case – it may be brought anytime if and until the decision in question is reversed or
the resolution of the Constitutional issue is overruled by a court of competent authority. (De
inevitable in resolving the main issue. Castro v. JBC, G.R. No. 191002, Apr. 20, 2010)
c. When the jurisdiction of the lower court is Q: Is the SC obligedto followprecedents?

in question except when there is estoppel
A: No. The Court, as the highest court of the land,
Note: The earliest opportunity to raise a may be guided but is not controlled by precedent.
constitutional issue is to raise it in the pleadings Thus, the Court, especially with a new
before a competent court that can resolve the same, membership, is not obliged to follow blindly a
such that, if not raised in the pleadings, it cannot be particular decision that it determines, after re‐

59
examination, to call for a rectification. (De Castro of Representatives, G.R. No. 160261, Nov. 10,
v. JBC, G.R. No. 191002, April 20, 2010) 2003).
Q: What is the Doctrine of Relative

Q: X filed a petition to set aside the award of the
Constitutionality?
ZTE‐DOTC Broadband Deal. The OSG opposed
the petition on the ground that the Legal Service
A: The constitutionality of certain rules may
of the DOTC has informed it of the Philippine
depend upon the times and get affected by the
Government’sdecision not to continue with the
changing of the seasons. A classification that
ZTE‐NBN Project. That said there is no more
might have been perfectly alright at the time of
justiciable controversy for the court to resolve.
its inception may be considered dubious at a later
Hence, the OSG claimed that the petition should
time.
be dismissed. X countered by saying that despite
the mootness,
cognizance the Court
of the mustrule
case and nevertheless take
on the merits
1. Operative Fact Doctrine
due to the Court’s symbolic function of
educating the bench and the bar by formulating
Q: What is meant by the operative fact doctrine?
guiding and controlling principles, precepts,
doctrines, and rules. Decide. A: It is a rule of equity. Under this doctrine, the
law is recognized as unconstitutional but the
A: The OSG is correct. The petition should be effects of the unconstitutional law, prior to its
dismissed for being moot. Judicial power declaration of nullity, may be left undisturbed as
presupposes actual controversies, the very a matter of equity and fair play. (League of Cities
antithesis of mootness. In the absence of actual of the Philippines v. COMELEC, G.R. No. 176951,
justiciable controversies or disputes, the Court Nov. 18, 2008)
generally opts to refrain from deciding moot
issues. Where there is no more live subject of Q: Will the invocation of this doctrine an
controversy, the Court ceases to have a reason to admission that the law is unconstitutional?
render any ruling or make any pronouncement.
(Suplico v. NEDA, G.R. Nos. 178830, July 14, 2008) A: Yes. (League of Cities of the Philippines v.
COMELEC, G.R. No. 176951, Nov. 18, 2008)
Q: What are the functionsof judicial review?
A: 2. Moot Questions
1. Checking – invalidating a law or executive act
that is found to be contrary to the Constitution Q: What are moot questions?
2. Legitimizing – upholding the validity of the law A: Questions whose answers cannot have any
that results from a mere dismissal of a case practical legal effect or, in the nature of things,
challenging the validity of the law cannot be enforced. (Baldo, Jr. v. COMELEC, G.R.
No. 176135, June 16, 2009)
Note: Rule on double negative: uses the term “not
unconstitutional”; the court cannot declare a law Q: When is a case moot and academic?
constitutional because it already enjoys a
presumption of constitutionality. A: It is moot and academic when it ceases to
present a justiciable controversy by virtue of
3. Symbolic – to educate the bench and bar as to supervening events so that a declaration thereon
the controlling principles and concepts on would be of no practical use or value.
matters of grave public importance for the
guidance of and restraint upon the future (Igot v. Q: Should courts decline jurisdiction over moot
COMELEC, G.R. No. L‐352245, Jan. 22, 1980) and academic cases?
Q: What is the extent of power of judicial review A: GR: The courts should decline jurisdiction over
in impeachmentproceedings? such cases or dismiss it on ground of mootness.
A: The power of judicial review includes the XPNs:

power of review over justiciable issues in 1. There is a grave violation of the
impeachment proceedings (Francisco, Jr. v. House Constitution
POLITICALLAW TEAM:
VILLAMOR.
JUDICIAL DEPARTMENT
2. There is an exceptional character of the 7. The members of the judiciary may not be
situation and the paramount public interest designated to any agency performing
is involved quasi‐judicial or administrative functions
3. When the constitutional issue raised 8. The salaries of judges may not be reduced;
requires formulation of controlling principles the judiciary enjoys fiscal autonomy (Sec.
to guide the bench, the bar, and the public 3, Art. VIII, 1987 Constitution)
4. The case is capable of repetition yet 9. The SC alone may initiate the
evading review. (David v. Arroyo, G.R. No. promulgation of the Rules of Court
171396, May 3, 2006)
10. The SC alone may order temporary detail
of judges
3. PoliticalQuestion 11. The SC can appoint all officials and

Q: What is meant by the political question employees of the Judiciary. (Nachura,
doctrine? Reviewer in Political Law, pp. 310‐311)
A: The doctrine means that the power of judicial Q: What does the mandate of the Constitution
review cannot be exercised when the issue is a that the judiciary shall enjoy fiscal autonomy
political question. It constitutes another contemplate?
limitation on such power of the judiciary.
A: In Bengzon v. Drilon, G.R. No. 103524, April 15,
Q: What are politicalquestions? 1992, the SC explained that fiscal autonomy
contemplates a guarantee of full flexibility to
A: Those questions which, under the Constitution, allocate and utilize resources with the wisdom
are to be decided by the people in their sovereign and dispatch that the needs require. It recognizes
capacity, or in regard to which full discretionary the power and authority to deny, assess and
authority has been delegated to the legislative or collect fees, fix rates of compensation not
executive branch of the government. (Tañada v. exceeding the highest rates authorized by law for
Cuenco, G.R. No. L‐10520, February 28, 1957) compensation and pay plans of the government
and allocate and disburse such sums as may be
provided by law or prescribed by it in the course
c. JUDICIALINDEPENDENCESAFEGUARDS of the discharge of its functions.
Q: What are the constitutionalsafeguards that

guaranteeindependenceof the judiciary? d. JUDICIALRESTRAINT
A: Q: What does the Principle of Judicial Restraint

1. The SC is a constitutional body and may mean?
not be abolished by law
A: It is a theory of judicial interpretation that
2. Members are only removable by encourages judges to limit the exercise of their
impeachment own power.
3. The SC may not be deprived of its The common‐law principle of judicial restraint
minimum and appellate jurisdiction; serves the public interest by allowing the political
appellate jurisdiction may not be processes to operate without undue interference.
increased without its advice or (Sinaca vs Mula, G.R. No. 135691, September 27,
concurrence 1999)
4. The SC has administrative supervision over In terms of legislative acts, the principle of judicial
all inferior courts and personnel restraint means that every intendment of the law
must be adjudged by the courts in favor of its
5. The SC has exclusive power to discipline
judges/justices of inferior courts constitutionality, invalidity being a measure of
last resort. In construing therefore the provisions
of a statute, courts must first ascertain whether
6. The members of the judiciary enjoy an interpretation is fairly possible to sidestep the
security of tenure (Sec. 2 [2], Art. VIII, question of constitutionality. (Estrada v.
1987 Constitution)

61
Sandiganbayan, G.R. No. 148560, November 19, however, exercise such functions as the SC may
2001) assign to it.
The doctrine of separation of powers imposes Q: How long can members of the SC and judges
upon the courts proper restraint born of the hold office?
nature of their functions and of their respect for
the other departments in striking down acts of A: Members of the SC and judges of lower courts
the legislature as unconstitutional. (Francisco, Jr. can hold office during good behavior until:
v. The House of Representatives, G.R. No. 160261,
Bellosillo J., Separate Opinion, November 10, 1. The age of 70 years old; or
2003)
2. They become incapacitated to discharge
their duties.
e. APPOINTMENTSTO THE JUDICIARY
Q: Does the prohibition against midnight
Q: How are members of the judiciary appointed? appointments (Sec. 15, Art. VII ‐ two months
immediately before the next presidential
A: The members of the judiciary are appointed by elections and up to the end of his term, a
the President of the Philippines from among a list President or acting President shall not make
of at least three nominees prepared by the appointments except temporary appointments
Judicial and Bar Council (JBC) for every vacancy. to executive positions when continued vacancies
therein will prejudice public service or endanger
Note: The appointment shall need no confirmation public safety) affect appointments to the
by the Commission on Appointments. (Sec. 9, Art. Supreme Court?
VIII)
A: It does not. The prohibition under Sec. 15, Art.
Vacancies in the SC should be filled within 90 days VII does not apply to appointments to fill a
from the occurrence of the vacancy. vacancy in the SC. (De Castro v. JBC, G.R. No.
191002, Mar. 17, 2010)
Vacancies in lower courts should be filled within 90
days from submission to the President of the JBC list. Q: What are the general qualifications for
appointmentsto the judiciary?
The filling of the vacancy in the Supreme Court
within the 90 day period is an exception to the
A: Of proven competence, integrity, probity and
prohibition on midnight appointments of the independence (Sec. 7 [3], Art. VIII)
president. This means that even if the period falls on
the period where the president is prohibited from
Q: What are the qualificationsfor appointments
making appointments (midnight appointments), the
to the SC?
president is allowed to make appointments to fill
vacancies in the Supreme Court. (De Castro v. JBC,
A:
G.R. No. 191002, Apr. 20, 2010)
1. Natural born citizen of the Philippines;
Q: What is the compositionof the JBC? 2. At least 40 years of age;
3. A judge of a lower court or engaged in
A: The JBC is composed of: the practice of law in the Philippines for
15 years or more (Sec. 7 [1], Art. VIII)
1. Chief Justice, as ex‐officio chairman
2. Secretary of Justice, as an ex‐officio Q: What are the qualificationsfor appointments
member to lower collegiatecourts?
3. Representative of Congress, as an ex‐
officio member A:
4. Representative of the Integrated Bar 1. Natural born citizen of the Philippines
5. A professor of law 2. Member of the Philippine Bar
6. A retired member of the SC
7. Private sector representative Note: Congress may prescribe other qualifications.
(Sec. 7 [1] and [2], Art. VIII)

Q: What are the functionsof the JBC?
Q: What are the qualificationsfor appointments
A: The principal function of the JBC is to to lower courts?
recommend appointees to the judiciary. It may,
POLITICALLAW TEAM:
VILLAMOR.
JUDICIAL DEPARTMENT
A:
1. Citizen of the Philippines 2. ProceduralRule‐MakingPower
2. Member of the Philippine Bar
Q: What is the scope of the rule making power of
Note: Congress may prescribe other qualifications. the SC?
(Sec. 7 [1] and [2], Art. VIII)
A: Promulgate rules concerning:
f. SUPREMECOURT 1. The protection and enforcement of

constitutional rights
1. En Banc and DivisionCases 2. Pleadings, practice and procedure in all
courts
3. Admission to the practice of law
Q: What are the cases that should be heard by
the SC en banc? 4.
5. The
LegalIntegrated
assistanceBar
to the underprivileged
A: Q: What are the limitations on its rule making

1. All cases involving the constitutionality of a power?
treaty, international or executive agreement,
or law; A:
1. It should provide a simplified and
2. All cases which under the Rules of Court may inexpensive procedure for the speedy
be required to be heard en banc; disposition of cases.
2. It should be uniform for all courts of the
3. All cases involving the constitutionality, same grade.
application or operation of presidential 3. It should not diminish, increase, or modify
decrees, proclamations, orders, instructions, substantive rights.
ordinances, and other regulations;
4. Cases heard by a division when the required g. ADMINISTRATIVESUPERVISIONOVER LOWER

majority in the division is not obtained; COURTS
5. Cases where the SC modifies or reverses a

Q: Who holds the power of disciplinary action
doctrine or principle of law previously laid
over judgesof lower courts?
either en banc or in division;
A:
6. Administrative cases involving the discipline
1. Only the SC en banc has jurisdiction to
or dismissal of judges of lower courts;
discipline or dismiss judges of lower courts.
7. Election contests for president or vice‐

2. Disciplinary action/dismissal – majority vote
president.
of the SC Justices who took part in the
deliberations and voted therein (Sec. 11,
Note: Other cases or matters may be heard in
Art. VIII)
division, and decided or resolved with the
concurrence of a majority of the members who
Note: The Constitution provides that the SC is given
actually took part in the deliberations on the issues
exclusive administrative supervision over all courts
and voted thereon, but in no case without the
and judicial personnel.
concurrence of at least three such members.
Q: Does the CSC have jurisdiction over an

Congress shall have the power to define, prescribe
and apportion the jurisdiction of the various courts employee of the judiciary for acts committed
but may not deprive the SC of its jurisdiction over while said employee was still in the executive
cases enumerated in Sec. 5, Art. VII, 1987 branch?
Constitution.
A: No. Administrative jurisdiction over a court
employee belongs to the SC, regardless of
No law shall
jurisdiction be SC
of the passed increasing
as provided in thethe appellate
Constitution whether the offense was committed before or
without its advice and concurrence. (Sec. 30, Art. VI) after employment in the Judiciary. (Ampong v.
CSC, G.R. No. 167916, Aug. 26, 2008)

63
F. CONSTITUTIONALCOMMISSIONS 9. Each commission may promulgate its

own procedural rules
Q: What are the ConstitutionalCommissions? 10. Chairmen and members are subject
tocertian disqualifications calculated to
A: strengthen their integrity
1. Civil Service Commission (CSC) 11. Commissions may appoint their own
2. Commission on Elections (COMELEC) officials and employees in accordance
3. Commission on Audit (CoA) with Civil Service Law
Note: The Supreme Court held that the “no report,

Note: The CSC, COMELEC, and CoA are equally pre‐
no release” policy may not be validly enforced
eminent in their respective spheres. Neither one
against offices vested with fiscal autonomy, without
may claim dominance over the others. In case of
violating Sec. 5, Art. IX‐A of the Constitution. The
conflicting rulings, it is the Judiciary, which interprets automatic release of approved annual
the meaning of the law and ascertains which view
appropriations to a Constitutional Commission
shall prevail (CSC v. Pobre, G.R. No. 160508, Sept. 15,
vested with fiscal autonomy should thus be
2004)
construed to mean that no condition to fund
Q: Discuss the creation of the Constitutional releases may be imposed. (CSC v. DBM, G.R. No.
Commission. 158791, July 22, 2005)
A: The creation of the Constitutional Commissions Q: What are the prohibitions and inhibitions
is established in the Constitution because of the attached to the officers of Constitutional
extraordinary importance of their functions and Commissions?
the need to insulate them from the undesired

A: No member of a Constitutional Commission
political interference or pressure. Their
shall, during his tenure:
independence cannot be assured if they were to
be created merely by statute. 1. Hold any other office or employment
2. Engage in the practice of any profession
3. Engage in the active management and
1. INSTITUTIONALINDEPENDENCESAFEGUARDS control of any business which in any
way may be affected by the function of
Q: What are the guarantees of independence his office
provided for by the Constitution to the 3 4. Be financially interested, directly or
Commissions? indirectly, in any contract with, or in any
franchise or privilege granted by the
Government, any of its subdivisions,
A:
agencies or instrumentalities, including
1. They are constitutionally‐created; may
GOCCs or their subsidiaries
not be abolished by statute
2. Each is conferred certain powers and
Q: Discuss the certiorari jurisdiction of the SC
functions which cannot be reduced by
over these Commissions.
statute
3. Each is expressly described as
A: Proceedings are limited to issues involving
independent
grave abuse of discretion resulting in lack or
4. Chairmen and members are given fairly
excess of jurisdiction and does not ordinarily
long term of office for 7 years
empower the Court to review the factual findings
5. Chairmen and members cannot be
of the Commissions. (Aratuc v. COMELEC, G.R. No.
removed except by impeachment
L‐49705‐09, Feb. 8, 1979)
6. Chairmen and members may not be
reappointed or appointed in an acting
capacity Q: What are the requisites for the effective
7. Salaries of chairmen and members are operation of the rotational scheme of terms of
relatively high and may not be constitutionalbodies?
decreased during continuance in office
8. Commissions enjoy fiscal autonomy
POLITICALLAW TEAM:
VILLAMOR.
CONSTITUTIONAL COMMISSIONS
A: progressiveness and courtesy in the

1. The srcinal members of the Civil Service
Commission shall begin their terms on a 3. Strengthens the merits and rewards
common date system
4. Integrates all human resources and
2. Any vacancy occurring before the development programs for all levels and
expiration of the term shall be filled ranks
only for the balance of such term. 5. Institutionalizes a management climate
(Republic v. Imperial, G.R. No. L‐8684, conducive to public accountability (Sec.
Mar. 31, 1995) 3, Art. IX‐B)
Q: Discuss the decision‐making process in these Q: What is the compositionof the CSC?
Commissions.
A:
A: 1. Each Commission shall decide matter or 1. 1 Chairman
2. 2 Commissioners
cases by a majority vote of all the
members within 60 days from submission.
Q: What are the qualifications of the CSC
Commissioners?
a. COMELEC may sit en banc or in 2
divisions.
b. Election cases, including pre‐ A:
proclamation controversies are 1. Natural‐born citizens of the Philippines
decided in division, with motions 2. At least 35 years old at the time of their
for reconsideration filed with the appointments
COMELEC en banc. 3. With proven capacity for public
c. The SC has held that a majority administration
decision decided by a division of 4. Not candidates for any elective position
the COMELEC is a valid decision. in the elections immediately preceding
their appointment
2. As collegial bodies, each Commission 5. Appointees by the President to the CSC
must act as one, and no one member need Commission on Appointments’
can decide a case for the entire confirmation
commission
Q: What is the term of office of the CSC
Q: Discussthe rule on appeals. Commissioners?
st
A: A: 7 years (except for the 1 appointees where
1. Decisions, orders or rulings of the the Chairman has 7 years, 1 Commissioner has 5
COMELEC/CoA may be brought on certiorari years while another has 3 years).
to the SC under Rule 65.
Q: What is the meaning and guarantee of
2. Decisions, orders or rulings of the CSC should
securityof tenure?
be appealed to the CA under Rule 43.
A: According to Palmera v. CSC, G.R. No. 110168,

2. CONCEPTSCOMPOSITIONSAND FUNCTIONS Aug. 4, 1994, security of tenure means that no
officer or employee in the Civil Service shall be
a. CIVILSERVICECOMMISSION suspended or dismissed except for cause as
provided by law and after due process.
Q: What are the functionsof the CSC?
Note: It guarantees both procedural and substantive
due process.
A: As the central personnel agency of the
government, it:
1. Establishes a career service b. COMMISSIONON ELECTIONS
2. Adopts measures to promote morale,
efficiency, integrity, responsiveness,
Q: What is the compositionof the COMELEC?

65
i. Regional
A: ii. Provincial
1. 1 Chairman iii. City officials
2. 6 Commissioners
b. Exclusive appellate jurisdiction over all
Q: What are the qualifications of the COMELEC contests involving:
Commissioners? i. Elective municipal officials
decided by trial courts of
A: general jurisdiction
1. Natural‐born citizens of the Philippines ii. Elective barangay officials
2. At least 35 years old at the time of their decided by courts of limited
appointments jurisdiction.
3.
4. College
Not a degree holderfor any elective
candidate c. Contempt powers
position in the elections immediately i. COMELEC can exercise this
preceding their appointment power only in relation to its
5. Majority, including the chairman, must adjudicatory or quasi‐judicial
be members of the Philippine Bar who functions. It cannot exercise
have been engaged in the practice of this in connection with its
law at least 10 years. (Sec. 1, Art. IX‐C) purely executive or ministerial
functions
ii. If it is pre‐proclamation
Q: What is the term of office of the COMELEC
controversy, the COMELEC
Commissioners?
exercises quasi‐judicial/
administrative powers.
A: Seven (7) years without re‐appointment. If iii. Its jurisdiction over contests
however, the appointment was ad interim, a (after proclamation), is in
subsequent renewal of the appointment does not exercise of its judicial
violate the prohibition on re‐appointments functions.
because no previous appointment was confirmed
by the CA. Furthermore, the total term of both Note: The COMELEC may issue writs of
appointments must not exceed the 7‐year limit. certiorari, prohibition, and mandamus in
(Matibag v. Benipayo, G.R. No. 149036, Apr. 2,
exercise of its appellate functions.
2002)
3. Decide, except those involving the right
Q: May the President designate a member of the to vote, all questions affecting
COMELECas acting Chairman?Explain. elections, including determination of
the number and location of polling
A: No The Constitution says that in no case shall places, appointment of election officials
any member be appointed or designated in a and inspectors, and registration of
temporary or acting capacity. The designation by voters.
the President violates the independence of the
Note: Questions involving the right to vote
COMELEC. (Sec. 1[2], Art. IX‐B, C, D).
fall within the jurisdiction of ordinary
courts.
Q: What are the constitutional powers and
functionsof the COMELEC?
4. Deputize, with the concurrence of the
President, law enforcement agencies
A:
and instrumentalities of the
1. Enforce and administer all laws and government, including the AFP, for the
regulations relative to the conduct of an exclusive purpose of ensuring free,
election, plebiscite, initiative, referendum, orderly, honest, peaceful and credible
and recall. elections.
2. Exercise: 5. Registration of political parties,

a. Exclusive srcinal jurisdiction over all organizations, or coalitions and
contests relating to the election, returns accreditation of citizens’ arms of the
and qualifications of all elective: COMELEC.
POLITICALLAW TEAM:
VILLAMOR.
municipal and barangay offices are final, executory

6. File, upon a verified complaint, or on its and not appealable, (Art. IX‐C, Sec. 2[2]) does not
own initiative, petitions in court for preclude a recourse to the Supreme Court by way of
inclusion or exclusion of voters; a special civil action of certiorari. (Galido v.
investigate and, where appropriate, COMELEC, G.R. No. 95346, Jan. 18, 1991)
prosecute cases of violations of election
laws, including acts or omissions
Q: Can the COMELEC exercise its power of
constituting election frauds, offenses
and malpractices. contemptin connectionwith its functionsas the
National Board of Canvassers during the
a. COMELEC has exclusive jurisdiction elections?
to investigate and prosecute cases
for violations of election laws. A: Yes. The effectiveness of the quasi‐judicial
power vested by law on a government institution
b. COMELEC can deputize
hinges on its authority to compel attendance of
prosecutors for this purpose. The
the parties and/or their witnesses at the hearings
actions of the prosecutors are the
actions of the COMELEC. or proceedings. In the same vein, to withhold
from the COMELEC the power to punish
Note: Preliminary investigation conducted individuals who refuse to appear during a fact‐
by COMELEC is valid. finding investigation, despite a previous notice
and order to attend, would render nugatory the
7. Recommend to the Congress effective COMELEC’s investigative power, which is an
measures to minimize election
essential incident to its constitutional mandate to
spending, including limitation of places
where propaganda materials shall be secure the conduct of honest and credible
posted, and to prevent and penalize all elections. (Bedol v. COMELEC, G.R. No. 179830,
forms of election frauds, offenses, Dec. 3, 2009)
malpractices, and nuisance candidacies.
Q: What cases fall under the jurisdiction of
8. Recommend to the President the COMELECby division?
removal of any officer or employee it
has deputized, or the imposition of any
A: Election cases should be heard and decided by
other disciplinary action, for violation or a division. If a division dismisses a case for failure
disregard of, or disobedience to its
directive, order, or decision. of counsel to appear, the MR may be heard by
the division.
9. Submit to the President and the
Congress a comprehensive report on Note: In Balajonda v. COMELEC, G.R. No. 166032,
the conduct of each election, plebiscite, Feb. 28, 2005, the COMELEC can order immediate
initiative, referendum, or recall. execution of its own judgments.
Q: All electioncases, includingpre‐proclamation

Q: What cases fall under the jurisdiction of
controversies,must be decided by the COMELEC
COMELECen banc?
in division. Should a party be dissatisfied with
the decision,what remedy is available? A: Motion for Reconsideration of decisions should
be decided by COMELEC en banc. It may also
A: The dissatisfied party may file a motion for
directly assume jurisdiction over a petition to
reconsideration before the COMELEC en banc. If
correct manifest errors in the tallying of results by
the en banc’s decision is still not favorable, the
Board of Canvassers.
same, in accordance with Art. IX‐A, Sec. 7, “may
be brought to the Supreme Court on certiorari.” Note: Any decision, order or ruling of the COMELEC
(Reyes v. RTC of Oriental Mindoro, G.R. No. in the exercise of its quasi‐judicial functions may be
108886, May 5, 1995) brought to the SC on certiorari under Rules 64 and
65 of the Revised Rules of Court within 30 days from
Note: The fact that decisions, final orders or rulings receipt of a copy thereof.
of the COMELEC in contests involving elective

67
These decisions or rulings refer to the decision or preceding their appointment. (Sec. 1,
final order of the COMELEC en banc and not of any Art. IX‐D)
division thereof.
Q: What is the term of office of the COA
Q: What are the acts that fall under the Commissioners?
COMELEC’spower to supervise or regulate?
A: 7 years without reappointment.
A:
Q: What are the powers and duties of COA?
1. The enjoyment or utilization of all
franchises or permits for the operation
A:
of transportation and other public
1. Examine, audit and settle all accounts
utilities, media of communication or
pertaining to revenue and receipts of, and
information. expenditures or uses of funds and property
2. Grants, special privileges or concessions
owned or held in trust or pertaining to
granted by the government or any
government
subdivision, agency or instrumentality
thereof, including any GOCC or its
2. Keep general accounts of government and
subsidiary. (Sec. 4, Art. IX‐C)
preserve vouchers and supporting papers
Q: When can COMELEC exercise its

3. Authority to define the scope of its audit and
constitutionalpowers and functions? examination, establish techniques and
methods required therefore
A:
1. During election period – 90 days before 4. Promulgate accounting and auditing rules
the day of the election and ends 30 and regulations, including those for
days thereafter. In special cases, prevention and disallowance. (Sec. 2, Art. IX‐
COMELEC can fix a period. D)
2. Applies not only to elections but also to Q: Can the COA be divested of its power to
plebiscites and referenda. examine and audit governmentagencies?
A: No law shall be passed exempting any entity of

c. COMMISSIONON AUDIT the Government or its subsidiary in any guise
whatsoever, or any investment of public funds,
Q: What is its composition? from the jurisdiction of the Commission on Audit.
A: The mere fact that private auditors may audit

1. 1 Chairman government agencies does not divest the COA of
2. 2 Commissioners its power to examine and audit the same
government agencies. (DBP v. COA, G.R. No.
Q: What are the qualifications of COA 88435, Jan. 16, 2002)
Commissioners?
Q: The PNB was then one of the leading
A: government‐owned banks and it was under the
1. Natural‐born citizens of the Philippines audit jurisdictionof the COA. A few years ago, it
2. At least 35 years old at the time of their was privatized. What is the effect, if any, of the
appointments privatization of PNB on the audit jurisdiction of
3. Either: the COA?
a. CPA’s with at least 10 years of
auditing experience; or A: Since the PNB is no longer owned by the
b. Members of Philippine Bar with 10 Government, the COA no longer has jurisdiction
years of practice of law. to audit it as an institution. Under Sec. 2(2), Art.
4. Members cannot all belong to the same IX‐D of the Constitution, it is a GOCC and their
profession subsidiaries which are subject to audit by the
5. Subject to confirmation of the CA COA. However, in accordance with Sec. 2(1), Art.
6. Not a candidate for any elective IX‐D, the COA can audit the PNB with respect to
position in the elections immediately its accounts because the Government still has
POLITICALLAW TEAM:
VILLAMOR.
equity in it. (PAL vs. COA, G.R. No. 91890, June 9, A: The CSC. It is the intent of the Civil Service
1995) Law, in requiring the establishment of a grievance
procedure, that decisions of lower officials (in
3. JUDICIALREVIEW cases involving personnel actions) be appealed to
the agency head, then to the CSC. The RTC does
Q: How are decisions of the commissions not have jurisdiction over such personal actions.
reviewedby the SC? (G. R. No. 140917. October 10, 2003)
A: Q: Which body has the exclusive srcinal

1. COA: Judgments or final orders of the jurisdiction over all contests relating to the
Commission on Audit may be brought by an elections?
aggrieved party to the Supreme Court on
certiorari under Rule 65. Only when COA acts A: It is the COMELEC.
without or excess in jurisdiction, or with grave
abuse of discretion amounting to lack or excess of Note: The COMELEC also have the exclusive srcinal
jurisdiction, may the SC entertain a petition for jurisdiction over all contests relating to returns, and
certiorari under Rule 65. qualifications of all elective regional, provincial, and
city officials.
2. CSC: In the case of decisions of the CSC,
Administrative Circular 1‐95538 which took effect The COMELEC also have the appellate jurisdiction
over all contests involving elective municipal officials
on June 1, 1995, provides that final resolutions of
decided by trial courts of general jurisdiction, or
the CSC shall be appealable by certiorari to the CA
involving elective barangay officials decided by trial
within 15 days from receipt of a copy thereof.
courts of limited jurisdiction.
From the decision of the CA, the party adversely
affected thereby shall file a petition for review on
Q: What is the difference between the
certiorari under Rule 45 of the Rules of Court.
jurisdiction of the COMELEC before the
proclamation and its jurisdiction after
3. COMELEC: only decision en banc may be
proclamation?
brought to the Court by certiorari since Article IX‐
C, says that motions for reconsideration of
A: The difference lies in the due process
decisions shall be decided by the Commission en
implications.
banc. (Reyes v. Mindoro, G.R. No. 108886, May 5,
1995)
OVER PRE‐ OVER CONTESTS(AFTER
PROCLAMATION PROCLAMATION)
Q: When certiorari to the Supreme Court is CONTROVERSY
chosen,what is required? COMELEC’s jurisdiction COMELEC’s jurisdiction
is administrative or is judicial and is
A: Rule 65, Section 1 says that certiorari may be quasi‐judicial and is governed by the
resorted to when there is no other plain or governed by the less requirements of judicial
speedy and adequate remedy. But stringent requirements process.
reconsideration is a speedy and adequate of administrative due
remedy. Hence, a case may be brought to the process (although the SC
Supreme Court only after reconsideration. has insisted that
question on
“qualifications” should
4. QUASI‐JUDICIALFUNCTION be decided only after a
full‐dress hearing).
Q; Does the CSC have the power to hear and
Note: Hence, even in the case of regional or
decide administrativecases?
provincial or city offices, it does make a difference
whether the COMELEC will treat it as a pre‐
A: Yes, Under the Administrative Code of 1987,
proclamation controversy or as a contest.
the CSC has the power to hear and decide
administrative cases instituted before it directly
or on appeal, including contested appointments.
Q: Which body has the jurisdictionon personnel

actions,coveredby the civil service?

69
G. BILL OF RIGHTS Purpose

Property Property is Property is
a. FUNDAMENTALPOWERS OF THE STATE taken is taken for taken for
destroyed public use public use
Q: What are the fundamental powers of the Compensation
State? Intangible; Protection and Value of the
general public property
A: welfare improvements expropriated
1. Police Power
2. Power of Eminent Domain
3. Power of Taxation 1. POLICE POWER
Q: What are the similarities among the Q: What are the characteristics of police power
fundamentalpowers of the State? as compared to the powers of taxation and
eminent domain?
A:
1. They are inherent in the State and may A: Police power easily outpaces the other two
be exercised by it without need of powers. It regulates not only property, but also
express constitutional grant. the liberty of persons. Police power is considered
2. They are not only necessary but the most pervasive, the least limitable, and the
indispensable. The State cannot most demanding of the three powers. It may be
continue or be effective unless it is able exercised as long as the activity or property
to exercise them. sought to be regulated has some relevance to the
3. They are methods by which the State public welfare. (Gerochi v. Department of Energy,
interferes with private rights. G. R. 159796, July 17, 2007)
4. They all presuppose an equivalent
compensation for the private rights Q: What are the aspects of police power?
interfered with.
5. They are exercised primarily by the A: Generally, police power extends to all the great
legislature. public needs. However, its particular aspects are
the following:
Q: What are the common limitations of these 1. Public health
powers? 2. Public morals
3. Public safety
A: 4. Public welfare
1. May not be exercised arbitrarily to the
prejudice of the Bill of Rights Q: Who exercises police power?
2. Subject at all times to the limitations
and requirements of the Constitution A:
and may in proper cases be annulled by GR: Police power is lodged primarily in the
the courts, i.e. when there is grave national legislature.
abuse of discretion.
XPN: By virtue of a valid delegation of
Q: How do these powers differ from one legislative power, it may be exercised by the:
another?
1. President
A: 2. Administrative bodies
Eminent 3. Lawmaking bodies on all municipal
Police Power Taxation
Domain levels, including the barangay.
Extent of power Municipal governments exercise this
Regulates power under the general welfare
Affects only Affects only
liberty and clause. (Gorospe, Constitutional Law:
property rights property rights
property Notes and Readings on the Bill of Rights,
Power exercised by whom Citizenship and Suffrage, Vol. 2.)
Exercised only Exercised only Maybe Q: What are the requisites for the valid exercise
by the by the exercised by
of police power by the delegate?
government government private entities
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
A: 1. The President of the Philippines

1. Express grant by law 2. Various local legislative bodies
2. Must not be contrary to law 3. Certain public corporations like the
3. GR: Within territorial limits of LGUs Land Authority and National Housing
XPN: When exercised to protect water Authority
supply (Wilson v. City of Mountain Lake 4. Quasi‐public corporations like the
Terraces, 417 P.2d 632, 1966) Philippine National Railways
Q: Can anyone compel the government to Q: Distinguish the between the power of
exercisepolice power? expropriationas exercised by Congress and the
power of expropriation as exercised by
A: No. The exercise of police power lies in the delegates.
discretion of the legislative department. The only
remedy against legislative inaction is a resort to A: When exercised by Congress, the power is
the bar of public opinion, a refusal of the pervasive and all‐encompassing but when
electorate to turn to the legislative members exercised by delegates, it can only be broad as
who, in their view, have been remiss in the the enabling law and the conferring authorities
discharge of their duties. want it to be.
Q: Can the courts interfere with the exercise of As to the question of necessity, the same is a
police power? political question when the power is exercised by
Congress. On the other hand, it is a judicial
A: No. If the legislature decides to act, the choice question when exercised by delegates. The courts
of measures or remedies lies within its exclusive can determine whether there is genuine necessity
discretion, as long as the requisites for a valid for its exercise, as well as the value of the
exercise of police power have been complied property.
with.
Q: What are the requisitesfor a valid taking?
Q: What are the tests to determine the validity
of a police measure? A: PMAPO
1. The expropriator must enter a Private
A: property
1. Lawful subject – The interests of the 2. Entry must be for more than a
public generally, as distinguished from Momentary period

those of a particular class, require the 3. Entry must be under warrant or color of
exercise of the police power legal Authority
4. Property must be devoted to Public use
2. Lawful means – The means employed or otherwise informally appropriated or
are reasonably necessary for the injuriously affected
accomplishment of the purpose and not 5. Utilization of property must be in such a
unduly oppressive upon individuals way as to Oust the owner and deprive
him of beneficial enjoyment of the
property (Republic v. vda. De Castellvi,
2. EMINENTDOMAIN G.R. No. L‐20620, Aug. 15, 1974)
Q: What are the conditions for the exercise of Q: What propertiescan be taken?
the power of eminentdomain?
A: All private property capable of ownership,
A: including services.
1. Taking of private property
2. For public use Q: What propertiescannot be taken?
3. Just compensation
4. Observance of due process A: Money and choses in action, personal right not
reduced in possession but recoverable by a suit at
Q: Who exercisesthe power of eminentdomain? law, right to receive, demand or recover debt,
demand or damages on a cause of action ex
A: Congress. However, the following may exercise contractu or for a tort or omission of duty.
this power by virtue of a valid delegation:

71
Q: Distinguish eminent domain from destruction XPN: In cases involving CARP, compensation
from necessity. may be in bonds or stocks, for it has been held
as a non‐traditional exercise of the power of
A: eminent domain. It is not an ordinary
Destructionfrom expropriation where only a specific property
Eminentdomain
necessity of relatively limited area is sought to be taken
Who can exercise by the State from its owner for a specific and
Only authorized May be validly perhaps local purpose. It is rather a
public entities or undertaken by private revolutionary kind of expropriation
public officials individuals (Association of Small Landowners in the
Kind of right Philippines, Inc. v. Secretary of Agrarian
Right of self‐defense, Reform, G.R. No. 78742, 14 July 1989).
self‐preservation,
Public right whether applied to Q: When should assessment of the value of the
persons or to property
property be determined?
Requirement
No need for conversion;
Conversion of A: The value of the property must be determined
no just compensation
property taken for either at the time of taking or filing of the
but payment in the form
public use; payment complaint, whichever comes first.(EPZA v. Dulay,
of damages when
of just compensation G.R. No. 59603, April 29, 1987).
applicable
Beneficiary
State/public Private Q: Does non‐payment of just compensation
(Gorospe, Constitutional Law: Notes and Readings entitle the private owner to recover possession
on the Bill of Rights, Citizenship and Suffrage, Vol. of the expropriatedproperty?
2)
A:
Q: Does the requisite of public use mean “use by GR: Non‐payment by the government does
the public at large? not entitle private owners to recover
possession of the property because
A: No. Whatever may be beneficially employed expropriation is an in rem proceeding, not an
for the general welfare satisfies the requirement. ordinary sale, but only entitle them to
Moreover, that only few people benefits from the demand payment of the fair market value of
‐ the property.
expropriation doesthe
character because notnotion
diminish its public
of public use
use now
includes the broader notion of indirect public XPNS:
benefit or advantage.(Manosca v. CA, G.R. 1. When there is deliberate refusal to pay
166440, Jan. 29, 1996). just compensation
2. Government’s failure to pay
Q: What is just compensation? compensation within 5 years from the
finality of the judgment in the
A: It is the full and fair equivalent of the property expropriation proceedings. This is in
taken from the private owner (owner’s loss) by connection with the principle that the
the expropriator. It is usually the fair market government cannot keep the property
value (FMV) of the property and must include and dishonor the judgment. (Republic v.
consequential damages (damages to the other Lim, G.R. No. 161656, June 29, 2005)
interest of the owner attributed to the
expropriation) minus consequential benefits Q: Is the owner entitled to the payment of
(increase in the value of other interests attributed interest? How about reimbursement of taxes
to new use of the former property). paid on the property?
Note: FMV is the price fixed by the parties willing A: Yes, the owner is entitled to the payment of
but not compelled to enter into a contract of sale. interest from the time of taking until just
compensation is actually paid to him. Taxes paid
Q: Does compensation have to be paid in by him from the time of the taking until the
money? transfer of title (which can only be done after
actual payment of just compensation), during
A: which he did not enjoy any beneficial use of the
GR: Yes. property, are reimbursable by the expropriator.
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
Q: What legal interest should be used in the 3. Territoriality or situs of taxation

computationof intereston just compensation? 4. Exemption of government from taxation
5. International comity
A: An interest of 12% per annum on the just
compensation due the landowner. (LBP v. Q: What are Constitutionallimitations?
Wycoco G.R. No. 140160, January 13, 2004)
A:
1. Due process of law (Art. III, Sec.1)
3. TAXATION 2. Equal protection clause (Art. III, Sec.1)
3. Uniformity, equitability and progressive
Q: What are taxes and what is taxation? system of taxation (Art. VI, Sec 28)
4. Non‐impairment of contracts (Art. III,
A: Taxes are: Sec. 10)
1. Enforced proportional contributions 5. Non‐imprisonment for non‐payment of
from persons and property poll tax (Art. III, Sec. 20)
2. Levied by the State by virtue of its 6. Revenue and tariff bills must srcinate
sovereignty in the House of Representatives (Art I,
3. For the support of the government Sec. 7)
4. For public needs 7. Non‐infringement of religious freedom
(Art. III, Sec.4)
Taxation is the method by which these 8. Delegation of legislative authority to the
contributions are exacted. (Gorospe, President to fix tariff rates, import and
Constitutional Law: Notes and Readings on the Bill export quotas, tonnage and wharfage
of Rights, Citizenship and Suffrage, Vol. 2) dues
9. Tax exemption of properties actually,
Q: What is the source of the obligation to pay directly and exclusively used for
taxes? religious, charitable and educational
purposes (NIRC, Sec 30)
A: Payment of taxes is an obligation based on law, 10. Majority vote of all the members of
and not on contract. It is a duty imposed upon the Congress required in case of legislative
individual by the mere fact of his membership in grant of tax exemptions
the body politic and his enjoyment of the benefits 11. Non‐impairment of SC’s jurisdiction in
available from such membership. tax cases
Note: Except only in the case of poll (community) 12. Tax exemption of revenues and assets
of, including grants, endowments,
taxes, non‐payment of a tax may be the subject of donations or contributions to
criminal prosecution and punishment. The accused educational institutions
cannot invoke the prohibition against imprisonment
for debt as taxes are not considered debts. Q: Do local governmentunits have the power of
taxation?
Q: What are the matters left to the discretionof
the legislature? A: Yes. Each LGU shall have the power to create
its own sources of revenues and to levy taxes,
A: fees and charges subject to such guidelines and
1. Whether to tax in the first place limitations as the Congress may provide,
2. Whom or what to tax consistent with the basic policy of local
3. For what public purpose autonomy. Such taxes, fees, and charges shall
4. Amount or rate of the tax accrue exclusively to the local governments (Sec.
5, Art. X).
Q: What are the limitations,in general, on the
power of taxation? Q: Should there be notice and hearing for the
enactmentof tax laws?
A: Inherent and Constitutional limitations.
A: From the procedural viewpoint, due process
Q: What are inherentlimitations? does not require previous notice and hearing
before a law prescribing fixed or specific taxes on
A: certain articles may be enacted. But where the
1. Public purpose tax to be collected is to be based on the value of
2. Non‐delegability of power

73
taxable property, the taxpayer is entitled to be Inc. vs. City Mayor of Manila, G.R. No. L‐24693,
notified of the assessment proceedings and to be Oct. 23, 1967).
heard therein on the correct valuation to be given
the property.
b. PRIVATEACTS AND THE BILL OF RIGHTS
Q: What is the meaning of uniformity in
taxation? Q: What is the Bill of Rights?
A: It refers to geographical uniformity, meaning it A: It is the set of prescriptions setting forth the
operates with the same force and effect in every fundamental civil and political rights of the
place where the subject of it is found. individual, and imposing limitations on the
powers of government as a means of securing the
Q: What is a progressivesystem of taxation? enjoyment of those rights.
A: This means that the tax rate increases as the Q: When can the Bill of Rights be invoked?
tax base increases.
A: In the absence of governmental interference,
Q: What is double taxation? the liberties guaranteed by the Constitution
cannot be invoked against the State. The Bill of
A: It occurs when: Rights guarantee governs the relationship
1. Taxes are laid on the same subject between the individual and the State. Its concern
2. By the same authority is not the relation between private individuals.
3. During the same taxing period What it does is to declare some forbidden zones
4. For the same purpose in the private sphere inaccessible to any power
holder. (People v. Marti, G.R. No. 81561, Jan. 18,
Note: There is no provision in the Constitution 1991)
specifically prohibiting double taxation, but it will
not be allowed if it violates equal protection. Q: Can the Bill of Rights be invoked against
(Gorospe, Constitutional Law: Notes and Readings private individuals?
on the Bill of Rights, Citizenship and Suffrage, Vol.
2) A: No. In the absence of governmental
interference, the liberties guaranteed by the
Q: What are the kinds of tax exemptions? Constitution cannot be invoked. Put differently,
the Bill of Rights is not meant to be invoked
A: Tax exemptions may either be: against acts of private individuals. (Yrasegui vs.
1. Constitutional PAL, G.R. No. 168081, Oct. 17, 2008)
2. Statutory
Note: However, the Supreme Court in Zulueta v. CA,
Q: Once an exemption is granted by the G.R. No. 107383, Feb. 20 1996, where the husband
legislature, may such exemption be revoked at invoked his right to privacy of communication and
will? correspondence against a private individual, his wife,
who had forcibly taken from his cabinet and
A: presented as evidence against him documents and
1. If exemption is granted gratuitously – private correspondence, held these papers
revocable inadmissible in evidence, upholding the husband’s
2. If exemption is granted for valuable right to privacy.
consideration (non‐impairment of
contracts) – irrevocable
c. DUE PROCESS
Q: What is the nature of a license fee?
Q: What is due process?
A: Ordinarily, license fees are in the nature of the
exercise of police power because they are in the A: Due process means:
form of regulation by the State and considered as 1. That therewith

harmony shallthe
be ageneral
law prescribed
powers ofin
a manner of paying off administration costs.
However, if the license fee is higher than the cost the legislature
of regulating, then it becomes a form of taxation 2. That it shall be reasonable in its
(Ermita‐Malate Hotel and Motel Operators Assoc., operation
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
3. That it shall be enforced according to XPN: In cases where the right to appeal is
the regular methods of procedure guaranteed by the Constitution (Art. VIII, Sec.
prescribed, and XIV) or by a statute.
4. That it shall be applicable alike to all
citizens of the State or to all of a class. Q: Distinguish due process in administrative
(People v. Cayat, G.R. No. L‐45987, May proceedings from due process in judicial
5, 1939) proceeding.
Q: What are the requirementsof due process in A:

judicialproceedings? A D M IN I S T R A T I V E J U DI C I A L
Essence
A: Whether in civil or criminal judicial Opportunity to explain A day in court
proceedings, due process requires that there be: one’s side
Means
1. An impartial and disinterested court Usually through seeking Submission of pleadings
clothed by law with authority to hear a reconsideration of the and oral arguments
and determine the matter before it. ruling or the action
taken, or appeal to a
Note: Test of impartiality is whether the superior authority
judge’s intervention tends to prevent the Notice and Hearing
proper presentation of the case or the When exercising quasi‐ Both are essential:
ascertainment of the truth. judicial function 1. Notice
(PhilCom‐Sat v. Alcuaz, 2. Hearing
2. Jurisdiction lawfully acquired over the G.R. No. 84818, Dec. 18,
defendant or the property which is the 1989)
subject matter of the proceeding
Note: The assistance of counsel is not indispensable
3. Notice and opportunity to be heard be to due process in forfeiture proceedings since such
given the defendant proceedings are not criminal in nature. Moreover, the
strict rules of evidence and procedure will not apply
4. Judgment to be rendered after lawful in administrative proceedings like seizure and
hearing, clearly explained as to the forfeiture proceedings. What is important is that the
factual and legal bases (Art. VII, Sec. 14, parties are afforded the opportunity to be heard and
the decision of the administrative authority is based
1987 Constitution)
on substantial evidence. (Feeder International Line,
Pte. Ltd. v. CA, G.R. N o . 94262, May 31,
Note: An extraditee does not have the right to notice
1991)
and hearing during the evaluation stage of an
extradition proceeding. The nature of the right being
claimed is nebulous and the degree of prejudice an Q: What is the nature of proceduraldue process
extraditee allegedly suffers is weak. (US v. Purganan, in studentdisciplineproceedings?
G.R. No. 148571, Sept. 24, 2002)
A: Student discipline proceedings may be
Note: Pilotage as a profession is a property right summary and cross‐examination is not an
protected by the guarantee of due process. (Corona essential part thereof. To be valid however, the
v. United Harbor Pilots Association of the Philippines, following requirements must be met:
G.R. No. 111953, Dec.12, 1987) 1. Written notification sent to the
student/s informing the nature and
Note: When a regulation is being issued under the cause of any accusation against
quasi‐legislative authority of an administrative him/her;
agency, the requirements of notice, hearing and 2. Opportunity to answer the charges,
publication must be observed. (Commissioner of
with the assistance of a counsel, if so
Internal Revenue v. CA, G.R. No. 119761, Aug. 29,
desired;
1996)
3. Presentation of one’s evidence and
examination of adverse evidence;
Q: Is the right to appeal part of due process?
4. Evidence must be duly considered by
the investigating committee or official
A:
designated by the school authorities to
GR: The right to appeal is not a natural right
hear and decide the case. (Guzman v.
or a part of due process.

75
National University, G.R. No. L‐68288,

July 11, 1986)
5. The student has the right to be 2. ProceduralDue Process
informed of the evidence against him
6. The penalty imposed must be Q: What are the fundamental elements of
proportionate to the offense. proceduraldue process?
Q: What are the instances when hearings are not A:

necessary? 1. Notice (to be meaningful must be as to
time and place)
A: 2. Opportunity to be heard
1. When administrative agencies are 3. Court/tribunal must have jurisdiction
exercising their quasi‐legislative
functions. Q: Does due process require a trial‐type
2. Abatement of nuisance per se. proceeding?
3. Granting by courts of provisional
remedies. A: No. The essence of due process is to be found
4. Cases of preventive suspension. in the reasonable opportunity to be heard and to
5. Removal of temporary employees in the submit any evidence one may have in support of
government service. one’s defense. “To be heard” does not always
6. Issuance of warrants of distraint and/or mean verbal arguments in court. One may be
levy by the BIR Commissioner. heard also through pleadings. Where opportunity
7. Cancellation of the passport of a person to be heard, either through oral arguments or
charged with a crime. pleadings, is accorded, there is no denial of due
8. Suspension of a bank’s operations by process (Zaldivar v. Sandiganbayan, G.R. No. L‐
the Monetary Board upon a prima facie 32215, Oct. 17, 1988).
finding of liquidity problems in such
bank. Note: The meetings in the nature of consultations
and conferences cannot be considered as valid
1. Proceduraland SubstantiveDue Process substitutes for the proper observance of notice and
hearing (Equitable Banking Corporation v. NLRC, G.R.
Q: What are the two aspects of due process? No. 102467, June 13, 1987).
A:
SUBSTANTIVEDUE PROCEDURALDUE 3. Constitutionaland StatutoryDue Process
PROCESS PROCESS
This serves as a Serves as a restriction on Q: Differentiateconstitutionaldue process from
restriction on the actions of judicial and statutory due process.
government’s law and quasi‐judicial agencies of
rule‐making powers the government
A:
Requisites
Constitutionaldue Statutorydue process
1. The interests of the 1. Impartial court or process
public in general, as tribunal clothed with
Protects the individual While found in the
distinguished from judicial power to hear
from the government Labor Code and
those of a particular and determine the
and assures him of his Implementing Rules
class, require the matters before it.
rights in criminal, civil or protects employees
intervention of the 2. Jurisdiction properly
administrative from being unjustly
state acquired over the
proceedings terminated without just
2. The means employed person of the
cause after notice and
are reasonably defendant and over
hearing (Agabon v.
necessary for the property which is the
NLRC, G.R. No. 158693,
accomplishment of subject matter of the
November 17, 2004)
the purpose and not proceeding
unduly oppressive 3. Opportunity to be
upon individuals. heard
4. Judgment rendered 4. Hierarchy of Rights
upon lawful hearing
and based on Q: Is there a hierarchy of constitutionalrights?
evidence adduced.
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
A: Yes. While the Bill of Rights also protects 1. It violates due process for failure to
property rights, the primacy of human rights over accord persons, especially the parties
property rights is recognized. Property and targeted by it, fair notice of what
property rights can be lost thru prescription; but conduct to avoid
human rights are imprescriptible. In the hierarchy 2. It leaves law enforcers an unbridled
of civil liberties, the rights of free expression and discretion in carrying out its provisions
of assembly occupy a preferred position as they (People v. de la Piedra, G.R. No. 128777,
are essential to the preservation and vitality of Jan. 24, 2001)
our civil and political institutions (Philippine
Blooming Mills Employees Organization v. Q: What is the OverbreadthDoctrine?
Philippine Blooming Mills Co., Inc., G.R. No. L‐
31195 June 5, 1973). A: The overbreadth doctrine decrees that a
governmental purpose may not be achieved by
means which sweep unnecessarily broadly and
thereby invade the area of protected freedoms.
5. JudicialStandardsof Review
Note: It is an analytical tool developed for testing on
Q: Given the fact that not all rights and freedoms their face statutes in free speech cases. Claims of
or liberties under the Bill of Rights and other facial over breadth are entertained in cases involving
values of society are of similar weight and statutes which, by their terms, seek to regulate only
importance, governmental regulations that spoken words and again, that overbreadth claims, if
affect them would have to be evaluated based entertained at all, have been curtailed when invoked
on different yardsticks,or standards of review. against ordinary criminal laws that are sought to be
What are these standardsof review? applied to protected conduct.
A: Q: Can criminal statutes be declared invalid for

1. Deferential review – laws are upheld if being overbroad?
they rationally further a legitimate
governmental interest, without courts A: No. The overbreadth doctrine is not intended
seriously inquiring into the for testing the validity of a law that reflects
substantiality of such interest and legitimate state interest in maintaining
examining the alternative means by comprehensive control over harmful,
which the objectives could be achieved constitutionally unprotected conduct. Claims of
facial overbreadth are entertained in cases
2. Intermediate review – the substantiality involving statutes which, by their terms, seek to
of the governmental interest is seriously regulate only spoken words and again, that
looked into and the availability of less overbreadth claims, if entertained at all, have
restrictive alternatives are considered. been curtailed when invoked against ordinary
criminal laws that are sought to be applied to
3. Strict scrutiny – the focus is on the protected conduct. (Romualdez v. COMELEC, G.R.
presence of compelling, rather than No. 167011, Dec. 11, 2008)
substantial governmental interest and
on the absence of less restrictive means Note: The most distinctive feature of the
for achieving that interest (Separate overbreadth technique is that it marks an exception
opinion of Justice Mendoza in Estrada v. to some of the usual rules of constitutional litigation.
In overbreadth analysis, those rules give way;
Sandiganbayan, G.R. No. 148965, Feb.
challenges are permitted to raise the rights of third
26, 2002)
parties; and the court invalidates the entire statute
"on its face," not merely "as applied for" so that the
overbroad law becomes unenforceable until a
6. Void‐for‐VaguenessDoctrine properly authorized court construes it more
narrowly.
Q: Explainthe void for vaguenessdoctrine?
Q: Is legislation couched in imprecise language
A: It holds that a law is vague when it lacks void for vagueness?
comprehensive standards that men of common
intelligence must necessarily guess at its common A: No. The "void‐for‐vagueness" doctrine does
meaning and differ as to its application. In such not apply as against legislations that are merely
instance, the statute is repugnant to the couched in imprecise language but which specify
Constitution because:

77
a standard though defectively phrased; or to Truth Commission of 2010, G.R. No. 192935, Dec. 7,
those that are apparently ambiguous yet fairly 2010)
applicable to certain types of activities. The first
may be "saved" by proper construction, while no
challenge may be mounted as against the second 2. REQUISITESFOR VALID CLASSIFICATION
whenever directed against such activities.
Q: What are the requisites for a valid
In the Supreme Court held that the doctrine can classification?
only be invoked against that species of legislation
that is utterly vague on its face, i.e., that which A: The classification must:
cannot be clarified either by a saving clause or by 1. Rest on substantial distinctions
construction. (Estrada v. Sandiganbayan, G.R. No. 2. Be germane to the purpose of the law
148560, Nov. 19, 2001) 3. Not be limited to existing conditions
only;
Q: What is the test in determining whether a 4. Apply equally to all members of the
criminal statute is void for uncertainty? same class. (Gorospe, Constitutional
Law: Notes and Readings on the Bill of
A: The test is whether the language conveys a Rights, Citizenship and Suffrage, Vol. 2.,
sufficiently definite warning as to the proscribed p.334)
conduct when measured by common
understanding and practice. It must be stressed, Q: Does equal protection of the laws apply to
however, that the "vagueness" doctrine merely both citizens and aliens?
requires a reasonable degree of certainty for the
statute to be upheld ‐ not absolute precision or A:
mathematical exactitude. (Estrada vs. GR: It applies to all persons, both citizens and
Sandiganbayan, G.R. No. 148560, Nov. 19, 2001) aliens. The Constitution places the civil rights
of aliens on equal footing with those of the
citizens.
d. EQUAL PROTECTIONOF THE LAWS
XPN: Statutes may validly limit to citizens
1. CONCEPT exclusively the enjoyment of rights or
privileges connected with public domain, the
Q: What is the concept of equal protection of the public works, or the natural resources of the
laws? State
A: It means that all persons or things similarly Note: The rights and interests of the State in these
situated should be treated alike, both as to rights things are not simply political but also proprietary in
conferred and responsibilities imposed. It nature and so citizens may lawfully be given
guarantees equality, not identity of rights. It does preference over aliens in their use or enjoyment.
not forbid discrimination as to persons and things
Aliens do not enjoy the same protection as regards
that are different. What it forbids are distinctions
political rights. (Inchong v. Hernandez, G.R. No. L‐
based on impermissible criteria unrelated to a
7995, May 31, 1957)
proper legislative purpose, or class or
discriminatory legislation, which discriminates
Q: Is classification of citizens by the legislature
against some and favors others when both are
unconstitutional?
similarly situated. (2 Cooley, Constitutional
Limitations, 824‐825)
A:
GR: The legislature may not validly classify the
Note: It must be borne in mind that the Arroyo
administration is but just a member of a class, that
citizens of the State on the basis of their
is, a class of past administrations. It is not a class of srcin, race, or parentage.
its own. Not to include past administrations similarly
situated constitutes arbitrariness which the equal XPN: The difference in status between citizens
protection clause cannot sanction. Such and aliens constitutes a basisoffor reasonable
discriminating differentiation clearly reverberates to classification in the exercise police power.
label the commission as a vehicle for vindictiveness (Demore v. Kim, 538 U.S. 510, 2003)
and selective retribution. (Biraogo v. The Philippine
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
Q: What is the rationale for allowing, in 5. The warrant must particularly describe
exceptional cases, valid classificationbased on the place to be searched and the
citizenship? persons or things to be seized.
(Gorospe, Constitutional Law: Notes
A: Aliens do not naturally possess the and Readings on the Bill of Rights,
sympathetic consideration and regard for Citizenship and Suffrage, Vol. 2., p.334)
customers with whom they come in daily contact,
nor the patriotic desire to help bolster the Note: General warrant is not allowed. It must be
nation’s economy, except in so far as it enhances issued pursuant to specific offense.
their profit, nor the loyalty and allegiance which
the national owes to the land. These limitations Q: What are generalwarrants?
on the qualifications of aliens have been shown
on many occasions and instances, especially in A: These are warrants of broad and general
times of crisis and emergency. (Ichong v. characterization or sweeping descriptions which

Hernandez, G.R. No. L‐7995, May 31, 1957) will authorize police officers to undertake a
fishing expedition to seize and confiscate any and
Q: What is the intensified means test or the all kinds of evidence or articles relating to an
balancingof interest/equalitytest? offense.
A: It is the test which does not look solely into the Q: What is the purpose of particularity of
government’s purpose in classifying persons or description?
things (as done in Rational Basis Test) nor into the
existence of an overriding or compelling A: The purpose is to enable the law officers
government interest so great to justify limitations serving the warrant to:
of fundamental rights (Strict Scrutiny Test) but
closely scrutinizes the relationship between the 1. Readily identify the properties to be seized
classification and the purpose, based on spectrum and thus prevent them from seizing the
of standards, by gauging the extent to which wrong items
constitutionally guaranteed rights depend upon
the affected individual’s interest. 2. Leave said peace officers with no discretion
regarding the articles to be seized and thus
prevent unreasonable searches and
e. SEARCHESAND SEIZURES seizures. (Bache and Co. v. Ruiz, 37 SCRA
823)
Q: What is the essenceof privacy?
Q: When is particularityof descriptioncomplied
A: The essence of privacy is the right to be left with?
alone. In context, the right to privacy means the
right to be free from unwarranted exploitation of A: For warrant of arrest, this requirement is
one’s person or from intrusion into ones’ private complied with if it contains the name of the
activities in such a way as to cause humiliation to a person/s to be arrested. If the name of the
person’s ordinary sensibilities. person to be arrested is not known, a John Doe
warrant may be issued. A John Doe warrant will
satisfy the constitutional requirement of
1. Warrant Requirement particularity of description if there is some
descriptio personae which is sufficient to enable
Q: What are the requisites of a valid search the officer to identify the accused.
warrantand warrantof arrest?
For a search warrant, the requirement is
A: complied with:
1. There should be a search warrant or
warrant of arrest 1. When the description therein is as
2. Probable cause supported the issuance specific as the circumstances will
ordinarily allow; or
of such probable
warrant 2. When the description expresses a
3. Such cause had been
determined personally by a judge conclusion of fact, not of law, by which
4. Judge personally examined the the warrant officer may be guided in
complainant and his witnesses making the search and seizure; or

79
3. When the things described are limited 1. The person to be arrested must execute
to those which bear direct relation to an overt act indicating that he had just
the offense for which the warrant is committed, is actually committing, or is
being issued attempting to commit a crime; and
2. Such overt act is done in the presence
Note: If the articles desired to be seized have any or within the view of the arresting
direct relation to an offense committed, the officer.
applicant must necessarily have some evidence
other than those articles, to prove said offense. The Q: What constitutessearching questions?
articles subject of search and seizure should come in
handy merely to strengthen such evidence. A: Examination by the investigating judge of the
complainant and the latter’s witnesses in writing
Q: What are the properties subject to seizure? and under oath or affirmation, to determine
whether there is a reasonable ground to believe
A: that an offense has been committed and whether
1. Property subject of the offense the accused is probably guilty thereof so that a
2. Stolen or embezzled property and other warrant of arrest may be issued and he may be
proceeds or fruits of the offense held liable for trial.
3. Property used or intended to be used as
means for the commission of an offense
2. WarrantlessArrests
Q: What is probable cause?
Q: What are the instances of a valid warrantless
A: Probable cause is such facts and circumstances
arrest?
antecedent to the issuance of a warrant that in
themselves are sufficient to induce a cautious
A:
man to rely on them and act in pursuance
1. In flagrante delicto – The person to be
thereof.
arrested has either committed, is
actually committing, or is about to
Q: How is probable cause determinedpersonally
commit an offense in the presence of
by the judge?
the arresting officer
A:
2. Hot Pursuit – When an offense has in
SEARCH WARRANT WARRANT OF ARREST fact just been committed and the
It is not necessary that arresting officer has probable cause to
The judge must
the judge should believe, based on personal knowledge
personally examine in
personally examine the of the facts and circumstances
the form of searching
complainant and his indicating, that the person to be
questions and answers,
witnesses; the judge arrested has committed it
in writing and under
would simply personally
oath, the complainant
review the initial
and the witnesses he 3. Escaped Prisoner or Detainee – When
determination of the
may produce on facts the person to be arrested is a prisoner
prosecutor to see if it is
personally known to who has escaped from a penal
supported by substantial
them. establishment or place where he is
evidence.
serving final judgment or temporarily
The determination of confined while his case is pending, or
probable cause has escaped while being transferred
He merely determines
depends to a large from one confinement to another. (Sec.
the probability, not the
extent upon the finding 5, Rule 113, Rules of Court)
certainty of guilt of the
or opinion of the judge
accused and, in so doing,
who conducted the
he need not conduct a Q: Can there be a waiver of the right to question
required examination
new hearing. an invalid arrest?
of the applicant and the
witnesses.
A: When a person who is detained applies for
bail, he is deemed to have waived any irregularity
Q: What constitutespersonal knowledge? of his arrest which may have occurred. However,
if the accused puts up bail before he enters his
A:
POLITICALLAW TEAM:
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plea, he is not barred from later questioning the competent official, such as a legal order of
legality of his arrest. deportation, issued by the Commissioner of
Immigration, in pursuance of a valid legislation.
Note: The waiver is limited to invalid arrest and does (Morano vs. Vivo, G.R. No. L‐22196, June 30, 1967)
not extend to illegal search
Q: What is the nature of a search warrant
Q: Are there any other instanceswhere a peace proceeding?
officercan validlyconducta warrantlessarrest?
A: It is neither a criminal action nor a
A: Yes, in cases of continuing offenses. The crimes commencement of a prosecution. It is solely for
of rebellion, subversion, conspiracy or proposal to the possession of personal property. (United
commit such crimes, and crimes or offenses Laboratories, Inc. v. Isip, G.R. No. 163858, June 28,
committed in furtherance thereof, or in 2005)
connection therewith constitute direct assaults

against the State, are in the nature of continuing
crimes. 3. WarrantlessSearches
Q: Can the place to be searched,as set out in the Q: What are the instancesof a valid warrantless
warrant be amplifiedor modifiedby the officers’ search?
personalknowledgeof the premisesor evidence
they adduce in support of their application for A:
the warrant? 1. Visual search is made of moving
vehicles at checkpoints
A: No. Such a change is proscribed by the 2. Search is an incident to a valid arrest
Constitution which requires a search warrant to
particularly describe the place to be searched; Note: An officer making an arrest may
otherwise it would open the door to abuse of the take from the person:
search process, and grant to officers executing a. Any money or property found upon
the search that discretion which the Constitution his person which was used in the
has precisely removed from them. commission of the offense
b. Was the fruit thereof
c. Which might furnish the prisoner
Q: Which court has the primary jurisdiction in
with the means of committing
issuing search warrants?
violence or escaping
A: The RTC where the criminal case is pending or d. Which might be used in evidence in
the trial of the case
if no information has yet been filed, in RTC in the
area/s contemplated. However an RTC not having 3. Search of passengers made in airports
territorial jurisdiction over the place to be 4. When things seized are within plain
searched may issue a search warrant where the view of a searching party
filing of such is necessitated and justified by 5. Stop and frisk (precedes an arrest)
compelling considerations of urgency, subject, 6. When there is a valid express waiver
time, and place. made voluntarily and intelligently
Q: Does the Constitution limit to judges the Note: Waiver is limited only to the arrest and does
authorityto issue warrantsof arrests? not extend to search made as an incident thereto, or
to any subsequent seizure of evidence found in the
A: No, the legislative delegation of such power to search. (People v. Peralta, G.R. 145176, March 30,
the Commissioner of Immigration is not violative 2004)
of the Bill of Rights.
7. Customs search
Note: Section 1 (3), Article III of the Constitution 8. Exigent and emergency circumstances.
does not require judicial intervention in the (People v. De Gracia, 233 SCRA 716))
execution of a final order of deportation issued in
accordance with law. The constitutional limitation Q: What is the Plain View Doctrine?
contemplates an order of arrest in the exercise of
judicial power as a step preliminary or incidental to
A: Objects falling in plain view of an officer who
prosecution or proceedings for a given offense or
has a right to be in the position to have that view
administrative action, not as a measure
are subject to seizure even without a search
indispensable to carry out a valid decision by a

81
warrant and may be introduced as evidence. vehicle are or have been instruments of some
Requisites for the application of the doctrine are: offense. (People v. Vinecario, G.R. No. 141137,
Jan. 20, 2004)
a. The law enforcer in search of the
evidence has a prior justification for an Q: Valeroso was arrested by virtue of a warrant
intrusion, or is in a position from which of arrest. At that time, Valeroso was sleeping. He
he can view a particular area; was pulled out of the room. The other police
b. The discovery of the evidence in plain officers remained inside the room and ransacked
view is inadvertent; the locked cabinet where they found a firearm
and ammunition. Is the warrantless search and
Q: What is a “stop‐and‐frisk” search? seizure of the firearm and ammunition justified
as an incident to a lawful arrest?
A: It is a limited protective search of outer
clothing for weapons. Probable cause is not A: No. The scope of the warrantless search is not
required but a genuine reason must exist in light without limitations. A valid arrest allows the
of a police officer’s experience and surrounding seizure of evidence or dangerous weapons either
conditions to warrant the belief that the person on the person of the one arrested or within the
detained has weapons concealed. (Malacat v. CA, area of his immediate control. The purpose of the
G.R. No. 123595, Dec. 12, 1997) exception is to protect the arresting officer from
being harmed by the person arrested, who might
Q: Are searches conducted in checkpoints be armed with a concealed weapon, and to
lawful? prevent the latter from destroying evidence
within reach. In this case, search was made in the
A: Yes, provided the checkpoint complies with the locked cabinet which cannot be said to have been
following requisites: within Valeroso's immediate control. Thus, the
search exceeded the bounds of what may be
1. The establishment of checkpoint must considered as an incident to a lawful arrest.
be pronounced (Valeroso v. Court of Appeals, G.R. No. 164815,
2. It must be stationary, not roaming Sept. 3, 2009)
3. The search must be limited to visual
search and must not be an intrusive
search. 5. AdministrativeArrest
Note: Not all searches and seizures are prohibited. Q: When is there an administrativearrest?
Between the inherent right of the State to protect its
existence and promote public welfare and an
A: There is an administrative arrest as an incident
individual’s right against warrantless search which is
to deportation proceedings.
however reasonably conducted, the former should
prevail.
Q: When is a person arrested in a deportation
A checkpoint is akin to a stop‐and‐frisk situation proceedings?
whose object is either to determine the identity of
suspicious individuals or to maintain the status quo A: The following aliens shall be arrested upon the
momentarily while the police officers seek to obtain warrant of the Commissioner of Immigration or of
more information. (Valmonte vs. De Villa, 178 any other officer designated by him for the
SCRA 211) purpose and deported upon the warrant of the
Commissioner of Immigration after a
Q: When may motorists and their vehicles determination by the Board of Commissioners of
passing though checkpoints be stopped and the existence of the ground for deportation as
extensivelysearched? charges against the alien.
A: While, as a rule, motorists and their vehicles 1. Any alien who enters the Philippines
passing though checkpoints may only be after the effective date of this Act by
means of false and misleading
subjectedand
stopped to aextensively
routine inspection,
searchedvehicles may be
when there is statements or without inspection and
probable cause which justifies a reasonable belief admission by the immigration
among those at the checkpoints that either the authorities at a designated port of entry
motorist is a law offender or the contents of the or at any place other than at a
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designated port of entry; [As amended serve the entire period of his
by Republic Act No. 503, Sec. 13] imprisonment before he is actually
2. Any alien who enters the Philippines deported: Provided, however, that the
after the effective date of this Act, who imprisonment may be waived by the
was not lawfully admissible at the time Commissioner of Immigration with the
of entry; consent of the Department Head, and
3. Any alien who, after the effective date upon payment by the alien concerned
of this Act, is convicted in the of such amount as the Commissioner
Philippines and sentences for a term of may fix and approved by the
one year or more for a crime involving Department Head; [Paragraph added
moral turpitude committed within five pursuant to Republic Act No. 144, Sec.
years after his entry to the Philippines, 3]
or who, at any time after such entry, is 10. Any alien who, at any time within five
so convicted and sentenced more than years after entry, shall have been
once; convicted of violating the provisions of
4. Any alien who is convicted and the Philippine Commonwealth Act
sentenced for a violation of the law Numbered Six hundred and fifty‐three,
governing prohibited drugs; [As otherwise known as the Philippine Alien
amended by Republic Act No. 503, Sec. Registration Act of 1941**(now Alien
13] Registration Act of 1950, Republic Act
5. Any alien who practices prostitution or No. 562, as amended] or who, at any
is an inmate of a house of prostitution time after entry, shall have been
or is connected with the management convicted more than once of violating
of a house of prostitution, or is a the provisions of the same Act; [Added
procurer; pursuant to Republic Act No. 503, Sec.
6. Any alien who becomes a public charge 13]
within five years after entry from causes 11. Any alien who engages in profiteering,
not affirmatively shown to have arisen hoarding, or black‐marketing,
subsequent to entry; independent of any criminal action
7. Any alien who remains in the which may be brought against him;
Philippines in violation of any limitation [Added pursuant to Republic Act No.
or condition under which he was 503, Sec. 13]
admitted as a non‐immigrant; 12. Any alien who is convicted of any
8. Any alien who believes in, advises, offense penalized under

advocates or teaches the overthrow by Commonwealth Act Numbered Four
force and violence of the Government hundred and seventy‐three, otherwise
of the Philippines, or of constituted law known as the Revised Naturalization
and authority or who disbelieves in or is Laws of the Philippines, or any law
opposed to organized government, or relating to acquisition of Philippine
who advises, advocates or teaches the citizenship; [Added pursuant to
assault or assassination of public Republic Act No. 503, Sec. 13]
officials because of their office, or who 13. Any alien who defrauds his creditor by
advises, advocates, or teaches the absconding or alienating properties to
unlawful destruction of property, or prevent them from being attached or
who is a member of or affiliated with executed. [Added pursuant to Republic
any organization entertaining, Act No. 503, Sec. 13] (Philippine
advocating or teaching such doctrines, Immigration Act of 1940)
or who in any manner whatsoever lends
assistance, financial or otherwise, to the 6. Drug, Alcohol,and Blood Tests
dissemination of such doctrines;
9. Any alien who commits any of the acts Q: Is a law requiring mandatorydrug testing for
described in sections forty‐five of this students of secondary and tertiary schools
Act, independent of criminal action unconstitutional?
which may be brought against him:
Provided, that in the case of alien who, A: No. It is within the prerogative of educational
for any reason, is convicted and institutions to require, as a condition for
sentenced to suffer both imprisonment admission, compliance with reasonable school
and deportation, said alien shall first rules and regulations and policies. To be sure, the

83
right to enroll is not absolute; it is subject to fair, A: No. The use of a telephone extension to
reasonable, and equitable requirements. In sum: overhear a private conversation is neither among
those devices, nor considered as a similar device,
1. Schools and their administrators stand in prohibited under the law. (Gaanan v. IAC, G.R.
loco parentis with respect to their students; No. L‐69809 October 16, 1986)
2. Minor students have contextually fewer
rights than an adult, and are subject to the Note: Anti‐Wiretapping Act only protects letters,
custody and supervision of their parents, messages, telephone calls, telegrams and the like.
guardians, and schools;
3. Schools acting in loco parentis, have a duty The law does not distinguish between a party to the
to safeguard the health and well‐being of private communication or a third person. Hence,
both a party and a third person could be held liable
their students and may adopt such measures
under R.A. 4200 if they commit any of the prohibited
as may reasonably be necessary to discharge
such duty; and acts under R.A. 4200. (Ramirez v. CA, G.R. No. 93833
Sept. 28, 1995)
4. Schools have the right to impose conditions
on applicants for admission that are fair, just
Q: Is the tape recording of a telephone
and non‐discriminatory. (SJS v. DDB, G.R. No.
conversation containing a person’s admission
157870, Nov. 3, 2008)
admissible in evidence? Why?
Q: Is a law requiring mandatory drug testing for

A: No. The tape‐recorded conversation is not
officers and employees of public and private
admissible in evidence. R.A. 4200 makes the tape‐
offices unconstitutional?
recording of a telephone conversation done
without the authorization of all the parties to the
A: No. As the warrantless clause of Sec. 2, Art. III
conversation, inadmissible in evidence. In
of the Constitution is couched and as has been
addition, the taping of the conversation violated
held, “reasonableness” is the touchstone of the
the guarantee of privacy of communications
validity of a government search or intrusion. And
enunciated in Section 3, Article III of the
whether a search at issue hews to the
Constitution. (Salcedo‐ Ortanez v. CA (G.R. No.
reasonableness standard is judged by the
110662, August 4, 1994)
balancing of the government‐mandated intrusion
on the individual’s privacy interest against the
Q: Are letters of a husband’s paramour kept
promotion of some compelling state interest. In
inside the husband’s drawer, presented by the
the criminal context, reasonableness requires
showing probable cause to be personally wife in the
admissible proceeding for legal separation,
in evidence?
determined by a judge. Given that the drug‐
testing policy for employees—and students for
A: No, because marriage does not divest one of
that matter—under R.A. 9165 is in the nature of
his/her right to privacy of communication.
administrative search needing what was referred
(Zulueta v. CA, G.R. No. 107383, Feb. 20, 1996)
to in Veronia case as “swift and informal
procedures,” the probable cause standard is not
Q: What does the exclusionaryrule state?
required or even practicable. (SJS v. DDB and
PDEA, G.R. No. 157870, Nov. 3, 2008)
A: Any evidence obtained in violation of the
Constitution shall be inadmissible for any purpose
in any proceeding. However, in the absence of
f. RIGHT TO PRIVACYIN COMMUNICATIONAND
governmental interference, the protection
CORRESPONDENCE
against unreasonable search and seizure cannot
be extended to acts committed by private
Q: The general rule is that the right to privacy of
individuals. (People v. Marti, G.R. No. 78109.
communication and correspondence is
January 18, 1991)
inviolable.What are the exceptions?
Q: What is the writ of habeas data?
A:
1. By lawful order of the court;
A: It is a remedy available to any person whose
2. Public safety or public order as right to privacy in life, liberty or security is
prescribed by law
violated or threatened by an unlawful act or
omission of a public official or employee, or of a
Q: Is the use of telephone extension a violation
private individual or entity engaged in the
of R.A. 4200 (Anti‐Wire Tapping Law)?
gathering, collecting or storing of data or
POLITICALLAW TEAM:
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BILL OF RIGHTS
information regarding the person, family, home freedom of speech and of the press. The need to
and correspondence of the aggrieved party. (Sec. prevent the violation of a law cannot per se trump
1, The Rule on the Writ of Habeas Data, A. M. No. the exercise of free speech and free press, a
08‐1‐16‐SC, Jan. 22, 2008) preferred right whose breach can lead to greater
evils. (Francisco Chavez v. Raul M. Gonzales, G.R.
Q: What are the reliefs that may be obtained in No. 168338, Feb. 15, 2008)
the petitionfor issuanceof writ of habeas data?
Q. What is the conceptbehind the provision?
A: The reliefs may include the updating,
rectification, suppression or destruction of the A. Consistent with its intended role in society, it
database or information or files kept by the means that the people are kept from any undue
respondent and in case of threats of the unlawful interference from the government in their
act, the relief may include a prayer for an order thoughts and words. The guarantee basically
enjoining the act complained of. A general prayer flows from the philosophy that the authorities do
for other reliefs that are just and equitable under not necessarily know what is best for the people.
the circumstances is also allowed. (R.B. Gorospe, Constitutional Law: Notes And
Readings On The Bill Of Rights, Citizenship And
Suffrage 442 (2004)
g. FREEDOMOF EXPRESSION
Q: What are the limitations of freedom of
Q: What is the concept and scope of protected expression?
freedomof expressionunder the Constitution?
A: It should be exercised within the bounds of
A: laws enacted for the promotion of social interests
1. Freedom of speech and the protection of other equally important
2. Freedom of the press individual rights such as:
3. Right of assembly and to petition the 1. Laws against obscenity, libel and
government for redress of grievances slander (contrary to public policy)
4. Right to form associations or societies 2. Right to privacy of an individual
not contrary to law 3. Right of state/government to be
5. Freedom of religion protected from seditious attacks
6. Right to access to information on 4. Legislative immunities
matters of public concern. 5. Fraudulent matters
6. Advocacy of imminent lawless conducts

Q: What are consideredprotectedspeech? 7. Fighting words
8. Guarantee implies only the right to
A: Protected speech includes every form of reach a willing audience but not the
expression, whether oral, written, tape or disc right to compel others to listen, see or
recorded. It includes motion pictures as well as read
what is known as symbolic speech such as the
wearing of an armband as a symbol of protest. Q: What are the four aspects of freedom of
Peaceful picketing has also been included within speech and press?
the meaning of speech.
A:
Q: Does a violation of any law justify the 1. Freedom from censorship or prior
suppression of exercise of freedom of speech restraint
and of the press? 2. Freedom from subsequent punishment
3. Freedom of access to information
A: Not every violation of a law will justify 4. Freedom of circulation
straitjacketing the exercise of freedom of speech
and of the press. There are laws of great Note: There need not be total suppression; even
significance but their violation, by itself and restriction of circulation constitutes censorship.
without more, cannot support suppression of free
speech and
injurious freeof press.
effects The totality
the violation of and
to private the 1. Prior Restraint
public interest must be calibrated in light of the
preferred status accorded by the Constitution and Q: What is the first prohibition of the free
by related international covenants protecting speech and press clause?

85
A: The first prohibition of the constitutional determination of what is obscene is a

provision is the prohibition of prior restraint. judicial function.
3. Criticism of Official Conduct – In New
Note: Prior Restraint means official government York Times v. Sullivan, 376 US 254
restrictions on the press or other forms of (1964), the constitutional guarantee
expression in advance of actual publication or requires a federal rule that prohibits a
dissemination. (Bernas, The 1987 Philippine public official from recovering damages
Constitution A Comprehensive Reviewer 2006) for a defamatory falsehood relating to
his official conduct unless he proves
Q: Is the prohibition of prior restraint absolute? that the statement was made with
actual malice.
A: No. There are exceptions to the rule. Near v. 4. Rights of students to free speech in
Minnesota, 283 US 697 (1931) enumerates them: school premises not absolute – the
school cannot suspend or expel a
1. When a nation is at war, many things student solely on the basis of the
that might be said in time of peace are articles he has written except when
such a hindrance to its effort that their such article materially disrupts class
utterance will not be endured so long as work or involves substantial disorder or
men fight and that no court could invasion of rights of others. (Miriam
regard them as protected by any College Foundation v. CA, GR 127930,
constitutional right. December 15, 2000)
2. The primary requirements of decency
may be enforced against obscene Q: Discuss the Doctrine of Fair Comment.
publications.
3. The security of community life may be A: The doctrine provides that while as a general
protected against incitements to acts of rule, every discreditable public imputation is false
violence and the overthrow by force of because every man is presumed innocent, thus
orderly government. every false imputation is deemed malicious, as an
exception, when the discreditable imputation is
directed against a public person in his public
2. SubsequentPunishment capacity, such is not necessarily actionable. For it
to be actionable, it must be shown that either
Q. What is the second basic prohibition of the there is a false allegation of fact or comment
free speech and press clause? based on a false supposition. However, if the
comment is an expression of opinion, based on
A: The free speech and press clause also prohibits established facts; it is immaterial whether the
systems of subsequent punishment which have opinion happens to be mistaken, as long as it
the effect of unduly curtailing expression. might reasonably be inferred from facts. (Borjal v.
(Bernas, The 1987 Philippine Constitution A CA, G.R. No. 126466, Jan. 14, 1999)
Comprehensive Reviewer 2006, p.64)
Q: A national daily newspaper carried an
Q. Is freedom from subsequent punishment exclusive report stating that Senator XX received
absolute? a house and lot located at YY Street, Makati, in
considerationfor his vote cutting cigarette taxes
A: No, it may be properly regulated in the interest by 50%. The Senator sued the newspaper, its
of the public. The State may validly impose penal reporter, editor and publisher for libel, claiming
and/or administrative sanctions such as in the the report was completely false and malicious.
following: According to the Senator, there is no YY Street in
1. Libel – a public and malicious Makati, and the tax cut was only 20%. He
imputation of a crime, vice or defect, claimed one million pesos in damages. The
real or imaginary or any act omission, defendants denied "actual malice," claiming
status tending to cause dishonor, privileged communicationand absolute freedom
discredit or contempt of a natural or of the press to report on public officials and
judicial person, or blacken the memory matters of public concern. If there was any error,
of one who is dead (Art 353, Revised the newspaper said it would publish the
Penal Code) correction promptly. Is there "actual malice" in
2. Obscenity – in Pita v Court of Appeals, the newspaper’s reportage? How is "actual
the Supreme Court declared that the
POLITICALLAW TEAM:
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BILL OF RIGHTS
malice" defined? Are the defendants liable for Note: When the prior restraint partakes of a
damages? content‐neutral regulation, it is subject to an
intermediate review. A content‐based regulation or
A: Since Senator XX is a public person and the any system or prior restraint comes to the Court
questioned imputation is directed against him in bearing a heavy presumption against its
his public capacity, in this case actual malice unconstitutionality and thus measured against the
clear and present danger rule, giving the
means the statement was made with knowledge
government a heavy burden to show justification for
that it was false or with reckless disregard of
the imposition of such restraint and such is neither
whether it was false or not. Since there is no
vague nor overbroad.
proof that the report was published with
knowledge that it is false or with reckless
disregard of whether it was false or not, the Q: The NTC issued a warning that that the
defendants are not liable for damage. (Borjal v. continuous airing or broadcast by radio and
CA, G.R. No. 126466, Jan. 14, 1999) television stations

conversation of thethe
involving an President
alleged wiretapped
allegedly
Q: Is the Borjal doctrine applicable in a case fixing votes in the 2004 national elections is a
where the allegations against a public official continuingviolationof the Anti‐WiretappingLaw
were false and that the journalistdid not exert and shall be just cause for the suspension,
effort to verify the informationbefore publishing revocationand/or cancellationof the licenses or
his articles? authorizations issued to the said companies.
Were the rights to freedom of expressionand of
A: No. Borjal may have expanded the protection the press, and the right of the people to
of qualified privileged communication beyond the information on matters of public concern
instances given in Art. 354 of the RPC, but this violated?
expansion does not cover such a case. The
expansion speaks of "fair commentaries on A: Yes, said rights were violated applying the clear
matters of public interest." While Borjal places and present danger test. The challenged acts
fair commentaries within the scope of qualified need to be subjected to the clear and present
privileged communication, the mere fact that the danger rule, as they are content‐based
subject of the article is a public figure or a matter restrictions. The acts of NTC and the DOJ Sec.
of public interest does not automatically exclude focused solely on but one object—a specific
the author from liability. His articles cannot even content— fixed as these were on the alleged
be considered as qualified privileged taped conversations between the President and a
COMELEC official. Undoubtedly these did not
communication under the second paragraph of merely provide regulations as to the time, place
Art. 354 of the RPC which exempts from the
presumption of malice a fair and true report. or manner of the dissemination of speech or
Good faith is lacking. (Tulfo vs. G.R. No. 161032, expression.
September 16, 2008)
A governmental action that restricts freedom of
speech or of the press based on content is
3. Content‐Based & Content‐NeutralRegulation given the strictest scrutiny, with the government
having the burden of overcoming the presumed
Q: Distinguish content‐neutral regulation from unconstitutionality by the clear and present
content‐based restraintor censorship. danger rule. It appears that the great evil which
government wants to prevent is the airing of a
A: tape recording in alleged violation of the anti‐
CONTENT‐NEUTRAL CONTENT‐BASED wiretapping law.
REGULATION RESTRAINT
Substantial governmental They are given the The evidence falls short of satisfying the clear and
interest is required for their strictest scrutiny present danger test. Firstly, the various
validity, and they are not in light of their
statements of the Press Secretary obfuscate the
subject to the strictest form of inherent and
identity of the voices in the tape recording.
judicial scrutiny rather only an invasive impact.
Secondly, the integrity of the taped conversation
intermediate approach‐
somewhere between the is also suspect. The Press Secretary showed to the
rationality that is required of a public two versions, one supposed to be a
law and the compelling “complete” version and the other, an “altered”
interest standard applied to version. Thirdly, the evidence on the who’s and
content‐based restrictions. the how’s of the wiretapping act is ambivalent,

87
especially considering the tapes’ different A: The overbreadth doctrine permits a party to
versions. The identity of the wire‐tappers, the challenge the validity of a statute even though as
manner of its commission and other related and applied to him it is not unconstitutional but it might
relevant proofs are some of the invisibles of this be if applied to others not before the Court whose
case. Fourthly, given all these unsettled facets of activities are constitutionally protected. (Separate
the tape, it is even arguable whether its airing opinion of Justice Mendoza in Cruz v. Secretary of
would violate the anti‐wiretapping law. There is Environment and Natural Resources, 347 SCRA 128,
no showing that the feared violation of the anti‐ 2000) It is a type of facial challenge that prohibits
wiretapping law clearly endangers the national the government from achieving its purpose by
security of the State. (Chavez v. Gonzales, G.R. means that “sweep unnecessarily broadly, reaching
No. 168338, Feb. 15, 2008) constitutionally protected as well as unprotected
activity.
4. Facial Challengesand Overbreadth

Doctrine 5. Tests
Q: What do you mean by Facial Challenges? Q: What are the tests for valid governmental
interferenceto freedom of expression?
A. A facial challenge is a challenge to a statute in
A:
court, in which the plaintiff alleges that the
1. Clear and Present Danger test
legislation is always, and under all circumstances,
unconstitutional, and therefore void.
Question: Whether the words are used in such
Note: Facial challenge to a statute is allowed only when circumstances and are of such a nature as to
it operates in the area of freedom of expression. create a clear and present danger that they will
Invalidation of the statute on its face, rather than as bring about the substantive evils that Congress
applied, is permitted in the interest of preventing a has a right to prevent. It is a question of
chilling effect on freedom of expression. ( Separate proximity and degree (Schenck v. US, 249 US
opinion of Justice Mendoza in Cruz v. Secretary of 47, 1919)
Environment and Natural Resources, 347 SCRA 128,
2000) Emphasis: The danger created must not only be
clear and present but also traceable to the
Q: How is "facial" challenge different from "as‐ ideas expressed. (Gonzales v. COMELEC, G.R.
applied" challenge? No. L‐27833, April 18, 1969)
A: Distinguished from an as‐applied challenge which Note: This test has been adopted by our SC, and is
considers only extant facts affecting real litigants, most applied to cases involving freedom of
a facial invalidation is an examination of the entire expression.
law, pinpointing its flaws and defects, not only on
the basis of its actual operation to the parties, but 2. Dangerous Tendency test
also on the assumption or prediction that its very
existence may cause others not before the court to Question: Whether the speech restrained has a
refrain from constitutionally protected speech or rational tendency to create the danger
activities. (KMU v. Ermita, G.R. No. 17855, October apprehended, be it far or remote, thus
5, 2010) government restriction would then be allowed.
It is not necessary though that evil is actually
Q: Are facial challengesallowed in penal statutes? created for mere tendency towards the evil is
enough.
A: No. Criminal statutes have general in
terrorem effect resulting from their very existence, Emphasis: Nature of the circumstances under
and, if facial challenge is allowed for this reason which the speech is uttered, though the speech
alone, the State may well be prevented from per se may not be dangerous.
enacting laws against socially harmful conduct. In
the area of criminal law, the law cannot take 3. Grave‐but‐Improbable Danger test
chances as in the area of free speech. (KMU v.
Ermita, G.R. No. 17855, October 5, 2010) Question: Whether the gravity of the evil,
discounted by its improbability, justifies such
Q: What is the OverbreadthDoctrine? an invasion of free speech as is necessary to
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
avoid the danger (Dennis v. US, 341 US 494, 6. State Regulationof DifferentTypes of Mass
1951) Media
Note: This test was meant to supplant the clear Q: Can an offensive and obscene language
and present danger test. uttered in a prime‐time television broadcast
which was easily accessible to the children be
4. Balancing of interest test reasonablycurtailedand validlyrestrained?
Question: which of the two conflicting interests A: Yes. In Soriano v. MTRCB, G.R. No. 165636, Apr.
(not involving national security crimes) demands 29, 2009, the Court, applying the balancing of
the greater protection under the particular interest doctrine, ruled that the government’s
circumstances presented: interest to protect and promote the interests and
welfare of the children adequately buttresses the
a. When particular conduct is regulated in reasonable curtailment and valid restraint on
the interest of public order petitioner’s prayer to continue as program host
of Ang Dating Daan during the suspension period.
b. And the regulation results in an indirect, Soriano’s offensive and obscene language uttered
conditional and partial abridgement of on prime‐time television broadcast, without
speech (Gonzales v. COMELEC, G.R. No. L‐ doubt, was easily accessible to the children. His
27833, Apr. 18, 1969). statements could have exposed children to a
language that is unacceptable in everyday use. As
5. O’Brien test such, the welfare of children and the State’s
mandate to protect and care for them, as parens
Question: in situations when “speech” and “non‐ patriae, constitute a substantial and compelling
speech” elements are combined in the same government interest in regulating Soriano’s
course of conduct, whether there is a sufficiently utterances in TV broadcast.
important governmental interest that warrants
regulating the non‐speech element, incidentally Q: Is broadcast media entitled to the same
limiting the “speech” element. treatment under the free speech guarantee of
the Constitutionas the print media?
Note: A government regulation is valid if:
a. It is within the constitutional power of A: No. Because of the unique and pervasive
the government;
influence of the broadcast media, “Necessarily . . .
b. In furtherance of an important or
substantial governmental interest; the freedom of television and radio broadcasting
is somewhat lesser in scope than the freedom
c. Governmental interest is unrelated to
accorded to newspaper and print media. (Eastern
the suppression of free expression;
and Broadcasting (DYRE) Corporation v. Dans, Jr., 137
d. The incidental restriction on the SCRA at 635)
freedom is essential to the
furtherance of that interest. (US v. Q: Can the trial of Estrada in the Sandiganbayan
O’Brien, 391 US 367, 1968; SWS v. or any other court be broadcasted in TV or
COMELEC, G.R. 147571, May 5, 2001) radio?
6. Direct Incitement test A: No. An accused has a right to a public trial, but
it is not synonymous with a publicized trial.
Question: What words did a person utter and Freedom of the press and the accused’s
what is the likely result of such utterance protection from a possible prejudicial publicized
trial must be taken into consideration. And unless
Emphasis: The very words uttered, and their there are safety nets to prevent this event,
ability to directly incite or produce imminent broadcast media cannot be allowed to publicize
lawless action. the trial. (Re: Request for Radio‐TV Coverage of
the Estrada Trial, A.M. No 01‐4‐03‐SC, June 29,
Note: It criticizes the clear and present danger test 2001)
for being too dependent on the specific
circumstances of each case.
7. CommercialSpeech
Q: What is the meaningof commercialspeech?

89
Veto was coined by University of Chicago

A: It is communication which “no more than professor of law Harry Kalven.
proposes a commercial transaction.
Advertisements of goods or of services is an It may be in the guise of a permit requirement in
example of this. (Bernas, the 1987 Constitution of the holding of rallies, parades, or demonstrations
the Republic of the Philippines Comprehensive conditioned on the payment of a fee computed
Reviewer 2006) on the basis of the cost needed to keep order in
view of the expected opposition by persons
Q: In order for governmentto curtail commercial holding contrary views. (Gorospe, 2006, citing
speech what must be shown? Forsyth County v. Nationalist Movement, 315 U.S.
568, 1942)
A: To enjoy protection, commercial speech:
1. Must not be false or misleading
(Friedman v. Rogers, 440 US 1 (1979) h. FREEDOMOF ASSEMBLYAND PETITION
and
2. Should not propose an illegal Q: Is the right to assembly subject to prior
transaction, Pittsburgh Press Co. v restraint?
Human Relations Commissions, 413 US
376(1973). A: No. It may not be conditioned upon the prior
issuance of a permit or authorization from
Note: However, even truthful and lawful commercial government authorities. However, the right must
speech maybe regulated if (1) government has a be exercised in such a way as will not prejudice
substantial interest to protect; (2) the regulation the public welfare.
directly advances that interest; and (3) it is not more
than extensive than is necessary to protect that Q: What is the so‐called permit system?
interest. (Central Hudson Gas & Electric Corp v.
Public Service Commission of NY, 447 US 557 (1980)
A: Under the permit system, before one can use a
public place, one must first obtain prior permit
from the proper authorities. Such is valid if:
8. Pivate v. GovernmentSearch
1. It is concerned only with the time,
Q: Differentiate Government Speech From place, and manner of assembly; and
Private Speech. 2. It does not vest on the licensing
authority unfettered discretion in
A: choosing the groups which could use
GovernmentSpeech PrivateSpeech the public place and discriminate
A speech where the The right of a person to others.
government may freely speak one’s mind
advance or restrict its is a highly valued
Note: Permits are not required for designated
own speech in a manner freedom in a republican
freedom parks.
that would clearly be and democratic society.
forbidden were it (Ashcroft v. Free Speech
Q: What is the rule on assembly in private
regulating the speech of Coalition, 535 U.S. 234
properties?
a private citizen. (2002))
(doctrine was implied
in Wooley v. Maynard in A: Only the consent of the owner of the property
1971) or person entitled to possession thereof is
required.
Q: What are the two tests applicable to the

9. Heckler’s Veto exercise of the right to assembly?
Q: What is a Heckler’s Veto? A:

1. Purpose Test – looks into the purpose of
A: A heckler's veto occurs when an acting party's the assembly regardless of its backers.
right to freedom of speech is curtailed or (De Jonge v. Oregon, 299 US 353, 365,
restricted by the government in order to prevent 1937)
a reacting party's behavior. The term Heckler’s
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
2. Auspices Test – looks into the 1. Non‐establishmentClause

backers/supporters.
Q: What is the non‐establishmentclause?
Note: The ruling in Evangelista v. Earnshaw (G.R. No.
36453, Sept. 28, 1932) is not yet abrogated‐‐Mayor A: The non‐establishment clause states that the
revoked permits he already granted because the State cannot:
group, the Communist Party of the Philippines, was 1. Set up a church
found by the fiscal to be an illegal association. When
2. Pass laws which aid one or all religions
the intention and effect of the act is seditious, the
or prefer one over another
constitutional guaranties of freedom of speech and
3. Influence a person to go to or stay
press and of assembly and petition must yield to
away from church against his will
punitive measures designed to maintain the prestige
of constituted authority, the supremacy of the 4. Force him to profess a belief or
Constitution and the laws, and the existence of the disbelief in any religion
State.
Q: Is the concept of people power recognizedin 2. Free‐ExerciseClause

the Constitution?Discussbriefly.
Q: What are the aspects of freedom of religious
A: Yes. The Constitution: professionand worship?
1. Guarantees the right of the people to A: These are the right to believe, which is
peaceably assemble and petition the absolute, and the right to act on one’s belief,
government for redress of grievances which is subject to regulation.
(Sec. 4, Article III,).
2. Requires Congress to pass a law Q: Give some exceptions to the non‐
allowing the people to directly propose establishmentclause as held by jurisprudence.
and enact laws through initiative and to
approve or reject any act or law or part A:
of it passed by Congress or a local 1. Tax exemption on property actually,
legislative body (Sec. 32, Article VI). directly and exclusively used for
3. Provides that the right of the people religious purposes;
and their organizations to participate at
all levels of social, political, and 2. Religious instruction in public schools:
economic decision ‐making shall not be a. At the option of parents/guardians
abridged and that the State shall, by expressed in writing;
law, facilitate the establishment of b. Within the regular class hours by
adequate consultation mechanisms instructors designated or approved
(Sec. 16, Article XIII). by religious authorities of the
4. Provides that subject to the enactment religion to which the children
of an implementing law, the people belong;
may directly propose amendments to c. Without additional costs to the
the Constitution through initiative (Sec. government;
2, Article XVII).
3. Financial support for priest, preacher,
minister, or dignitary assigned to the
i. FREEDOMOF RELIGION armed forces, penal institution or
government orphanage or leprosarium;
Q: What are the two guarantees contained in
Sec. 5 ArticleIII of the 1987 Constitution? 4. Government sponsorship of town
fiestas, some purely religious traditions
A: have now been considered as having
1. Non‐establishment clause; acquired secular character; and
2. Free exercise clause, or the freedom of
religious profession and worship 5. Postage stamps
of depicting
Philippines as
the venue a significant religious
event – benefit to the religious sect
involved was merely incidental as the

91
promotion of Philippines as a tourist organization brought the case to court on the

destination was the primary objective. ground that the action of the MTRCB suppresses
its freedom of speech and interferes with its
Q: What is the Lemon test? right to free exercise of religion. Decide.
A: It is a test to determine whether an act of the A: The religious organization cannot invoke
government violates the non‐establishment freedom of speech and freedom of religion as
clause. To pass the Lemon test, a government act grounds for refusing to submit the tapes to the
or policy must: MTRCB for review prior to airing. When the
1. Have a secular purpose; religious organization started presenting its
2. Not promote or favor any set of religious program over television, it went into the realm of
beliefs or religion generally; and action. The right to act on one's religious belief is
3. Not get the government too closely not absolute and is subject to police power for
involved (“entangled”) with religion. the protection of the general welfare. Hence the
tapes may be required to be reviewed prior to
Q: What is the CompellingState Interest test? airing.
A: It is the test used to determine if the interests However, the MTRCB cannot ban the tapes on the
of the State are compelling enough to justify ground that they attacked other religions. In
infringement of religious freedom. It involves a Iglesia ni Cristo v. CA, G.R. No. 119673, July 26,
three‐step process: 1996, the Supreme Court held that: "Even a side
glance at Sec. 3 of P.D. No. 1986 will reveal that it
1. Has the statute or government action is not among the grounds to justify an order
created a burden on the free exercise of prohibiting the broadcast of petitioner's
religion? – Courts often look into the television program."
sincerity of the religious belief, but
without inquiring into the truth of the Moreover, the broadcasts do not give rise to a
belief since the free exercise clause clear and present danger of a substantive evil.
prohibits inquiring about its truth.
Q: X, a court interpreter,is living with a man not
2. Is there a sufficiently compelling state her husband. Y filed the charge against X as he
interest to justify this infringement of believes that she is committing an immoral act
religious liberty? – In this step, the that tarnishes the image of the court, thus she
government has to establish that its should not be allowed to remain employed
purposes are legitimate for the State therein as it might appear that the court
and that they are compelling. condones her act. X admitted that she has been
living with Z without the benefit of marriage for
3. Has the State in achieving its legitimate twenty years and that they have a son. But as a
purposes used the least intrusive means member of the religious sect known as the
possible so that the free exercise is not Jehovah’s Witnesses and the Watch Tower and
infringed any more than necessary to Bible Tract Society, their conjugal arrangementis
achieve the legitimate goal of the State? in conformity with their religious beliefs. In fact,
– The analysis requires the State to after ten years of living together, she executed
show that the means in which it is on July 28, 1991 a “Declaration of Pledging
achieving its legitimate State objective Faithfulness. Should X’s right to religious
is the least intrusive means, or it has freedom carve out an exception from the
chosen a way to achieve its legitimate prevailing jurisprudence on illicit relations for
State end that imposes as little as which government employees are held
possible intrusion on religious beliefs. administrativelyliable?
Q: A religious organization has a weekly A: Yes. Escritor’s conjugal arrangement cannot be

television program. The program presents and penalized as she has made out a case for
propagates its religious doctrines and compares exemption from the law based on her
their practices with those of other religions. As fundamental right to freedom of religion. The
the MTRCB found as offensive several episodes Court recognizes that State interests must be
of the program which attacked other religions, upheld in order that freedoms – including
the MTRCB required the organization to submit religious freedom – may be enjoyed. In the area
its tapes for review prior to airing. The religious of religious exercise as a preferred freedom,
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
however, man stands accountable to an authority

higher than the State, and so the State interest A: Yes. It was grave violation of the non‐
sought to be upheld must be so compelling that establishment clause for the COMELEC to utilize
its violation will erode the very fabric of the State the Bible and the Koran to justify the exclusion
that will also protect the freedom. In the absence of Ang Ladlad. Our Constitution provides in Article
of a showing that such State interest exists, man III, Section 5 that “no law shall be made
must be allowed to subscribe to the Infinite respecting an establishment of religion, or
(Estrada v. Escritor, A.M. No. P‐02‐1651, June 22, prohibiting the free exercise thereof.” At bottom,
2006). what our non‐establishment clause calls for is
government neutrality in religious matters.
Q: "X" is serving his prison sentence in Clearly, governmental reliance on religious
Muntinlupa.He belongs to a religious sect that justification is inconsistent with this policy of
prohibits the eating of meat. He asked the neutrality (Ang Ladlad LGBT Party v. COMELEC,
Director of Prisons that he be served with G.R. No. 190582, Apr. 8, 2010).
meatless diet. The Director refused and "X"
sued the Director for damages for violating his The government must act for secular purposes
religiousfreedom.Decide. and in ways that have primarily secular effects.
That is, the government proscribes this conduct
A: Yes. The Director of Prison is liable under because it is "detrimental (or dangerous) to those
Article 32 of the Civil Code for violating the conditions upon which depend the existence and
religious freedom of "X". According to the progress of human society" and not because the
decision of the United States Supreme Court in conduct is proscribed by the beliefs of one
the case of O'Lone v. Estate of Shabazz, 107 S. religion or the other. (Estrada v. Escritor, 492
Ct. 2400, convicted prisoners retain their right SCRA 1, 2006)
to free exercise of religion. At the same
time, lawful incarceration brings about
necessary limitations of many privileges and j. LIBERTYOF ABODE AND RIGHT TO TRAVEL
rights justified by the considerations
underlying the penal system. In considering th e Q: What are the rights guaranteedunder Section
appropriate balance between these two 6 of the Bill of Rights?
factors, reasonableness should be the test.
Accommodation to religious freedom can be A:
made if it will not involve sacrificing the a. Freedom to choose and change one’s
interests of security and it will have no impact place of abode; and

on the allocation of resources of the penitentiary. b. Freedom to travel within the country
In this case, providing "X" with a meatless diet and outside.
will not create a security problem or unduly
increase the cost of food being served to the
prisoners. In fact, in the case of O' Lone v. Estate 1. Limitations
of Shabazz, it was noted that the Moslem
prisoners were being given a different meal Q: What is the limitationon the libertyof
whenever pork would be served. abode?
Q: Ang Ladlad is an organization composed of A: The liberty of abode may be impaired only
men and women who identify themselves as upon lawful order of the court and within the
lesbians, gays, bisexuals, or trans‐gendered limits prescribed by law.
individuals (LGBTs). Ang Ladladapplied for
registration with the COMELEC. The COMELEC
dismissedthe petitionon moral grounds, stating 2. Returnto One’s Country
that definitionof sexual orientationof the LGBT
sector makes it crystal clear that petitioner Q: Is the right to return to one’s country
tolerates immorality which offends religious guaranteedin the Bill of Rights?
beliefs based on the Bible and the Koran. Ang
Ladladargued that the denial of accreditation,
insofar as it justified the exclusion by using A: The right to return to one’s country is not
among the rights specifically guaranteed in the
religious dogma, violated the constitutional Bill of Rights, which treats only of the liberty of
guaranteesagainst the establishmentof religion. abode and the right to travel. Nevertheless, the
Is this argumentcorrect? right to return may be considered as a generally

93
accepted principle of International law, and under Note: The right only affords access to records,
the Constitution, is part of the law of the land. documents and papers, which means the
However, it is distinct and separate from the right opportunity to inspect and copy them at his
to travel and enjoys a different protection under expense. The exercise is also subject to reasonable
the Intl. Covenant of Civil and Political Rights. regulations to protect the integrity of public records
(Marcos v. Manglapus, G.R. No. 88211, Sept. 15, and to minimize disruption of government
operations.
1989 & Oct. 27, 1989)
Q: The military commander in charge of the

operation against rebel groups directed the 1. Limitations
inhabitants of the island which would be the
target of attack by government forces to Q: What are the limitations and exceptions to
evacuate the area and offered the residents the right to information and access to public
temporary military hamlet. Can the military records?
commander force the residents to transfer their
places of abode without a court order? A:
GR: The access must be for a lawful purpose
A: No, the military commander cannot do so and is subject to reasonable conditions by the
without a court order. Under Sec. 6, Art. III of the custodian of the records.
Constitution, a lawful order of the court is
required before the liberty of abode and of XPNS: The right does not extend to the
changing the same can be impaired. following:
Q: What is the limitation on the right to travel? 1. Information affecting national security,
military and diplomatic secrets. It also
A: The limitations are the interest of national includes inter‐government exchanges
security, public safety or public health, as may be prior to consultation of treaties and
provided by law. executive agreement as may reasonably
protect the national interest
With respect to the right to travel, it is settled
that only a court may issue a hold departure 2. Matters relating to investigation,
order against an individual addressed to the apprehension, and detention of criminals
Bureau of Immigration and Departure. However, which the court may not inquire into
administrative authorities, such as passport‐ prior to arrest, prosecution and
officers, may likewise curtail such right in the detention
interest of national security, public safety, or
public health, as may be provided by law. 3. Trade and industrial secrets and other
banking transactions as protected by the
Intellectual Property Code and the
k. RIGHT TO INFORMATIONAND ACCESS TO Secrecy of Bank Deposits Act
PUBLIC RECORDS
4. Other confidential information falling
under the scope of the Ethical Safety Act
Q: What is the scope of the right?
concerning classified information
A: This covers information on matters of public
concern. It pertains to access to official records,
documents and papers pertaining to official acts, 2. Publicationof Laws and Regulations
transactions or decisions, as well as to
government research data used as basis for policy Q: Is there a need for publication of laws to
development. reinforce the right to information?
The SC has held in Chavez v. PEA and AMARI (G.R. A: Yes. In Tanada v. Tuvera, the Court said Laws
No. 133250, July 9, 2002) that the right to must come out in the open in the clear light of
information contemplates inclusion of the sun instead of skulking in the shadows with
negotiations leading to the consummation of the their dark, deep secrets. Mysterious
transaction. pronouncements and rumored rules cannot be
recognized as binding unless their existence and
contents are confirmed by a valid publication
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
intended to make full disclosure and give proper negotiationsbetween the Philippinesand Japan.
notice to the people. Are these matters of public concern? Can they
be disclosed?
3. Access to Court Records A: There is a distinction between the text of the

treaty and the offers and negotiations. They may
Q: During the pendency of the intestate compel the government to disclose the text of the
proceedings,Ramon, a creditor of the deceased, treaty but not the offers between RP and Japan,
filed a motion with a prayer that an order be because these are negotiations of executive
issued requiring the Branch Clerk of Court to departments. Diplomatic Communication
furnish him with copies of all processes and negotiation is privileged information. (Akbayan v.
orders and to require the administratrixto serve Aquino, G.R. No. 170516, July 16, 2008)
him copies of all pleadings in the proceedings.
The judge denied the motion because the law
does not give a blanket authority to any person l. FREEDOMOF ASSOCIATION
to have access to official records and documents
and papers pertaining to official acts. The judge Q: What is the difference between the right to
said that his interestis more of personal than of unionizeand the right to association?
public concern.Is the judge correct?
A: The right to unionize is an economic and labor
A: No. The right to information on matters of right while the right to association in general is a
public concern is a constitutional right. However, civil ‐political right.
such is not absolute. Under the Constitution,
access is subject to limitations as may be provided Q: What constitutesfreedomof association?
by law. Therefore, a law may exempt certain
types of information from public scrutiny such as A: Freedom of association includes the freedom
national security. The privilege against disclosure not to associate, or, if one is already a member,
is recognized with respect to state secrets bearing to disaffiliate from the association
on the military, diplomatic and similar matter.
Since intestate proceedings do not contain any Q: Is the right to strike included in the right to
military or diplomatic secrets which will be form unions or freedom of assembly by
disclosed by its production, it is an error on the governmentemployees?
part of the judge to deny Ramon’s motion.
(Hidalgo v. Reyes, AM No. RTJ‐05‐1910, Apr. 15, A: No, the right to strike is not included. Their
2005) employment is governed by law. It is the Congress
and administrative agencies which dictate the
terms and conditions of their employment. The
4. GovernmentContractNegotiations same is fixed by law and circulars and thus not
subject to any collective bargaining agreement.
Q: May the government,through the PCGG, be
required to reveal the proposed terms of a Note: Pursuant to Sec. 4, Rule III of the Rules and
compromiseagreementwith the Marcos heirs as Regulations to Govern the Exercise of the Right of
regardstheir allegedill‐gottenwealth? Government Employees to Self‐Organization, the
terms and conditions of employment in the
Government, including any of its instrumentalities,
A: It is incumbent upon the PCGG, and its officers,
political subdivision and government owned and
as well as other government representatives, to
controlled corporations with srcinal charters, are
disclose sufficient public information on any
governed by law and employees therein shall not
proposed settlement they have decided to take
strike for the purpose of securing changes thereof.
up with the ostensible owners and holders of ill‐ (SSS Employees Association v. CA, GR. No. 85279, July
gotten wealth. Such information must pertain to 28, 1989) The only available remedy for them is to
definite propositions of the government. (Chavez lobby for better terms of employment with
v.PCGG, G.R. No. 130716, December 9, 1998) Congress.
5. DiplomaticNegotiations m. EMINENTDOMAIN
Q: Petitionersrequest that they be given a copy 1. Abandonmentof IntendedUse and Right of

of the text of the JPEPA and the offers and Repurchase

95
Q: The National Historical Institute declared the

Q. When a particular public use is abandoned, parcel of land owned by Petitionersas a national
does its former owner acquire a cause of action historical landmark, because it was the site
for recovery of the property? of the birth of Felix Manalo, the founder of
Iglesia ni Cristo. The Republic of
A: When land has been acquired for public use in the Philippinesfiled an action to appropriate the
fee simple, unconditionally, either by the exercise land. Petitioners argued that the expropriation
of eminent domain or by purchase, the former was not for a public purpose. Is this correct?
owner retains no rights in the land, and the public
use may be abandoned or the land may be A: Public use should not be restricted to the
devoted to a different use, without any traditional uses. The taking is for a public use
impairment of the estate or title acquired, or any because of the contribution of Felix Manalo to the
reversion to the former owner. (ATO petitioners, culture and history of the Philippines. (Manosca
vs. Apolonio Gopuco, Jr. G.R No. 158563, June 30, v. CA , GR No 106440, Jan. 29, 1996)
2005)
Q: Is expropriation of private lands for slum
clearance and urban development for public
2. MiscellaneousApplication purpose?
Q: An ordinance of Quezon City requires A: Yes it is for public purpose even if the
memorial park operators to set aside at least 6% developed area is later sold to private
of their cemetery for charity burial of deceased homeowners, commercial firms, entertainment
persons. Is this a valid exercise of police power? and service companies and other private
concerns. (Reyes v. NHA G.R. No. 47511. January
A: No, it constitutes taking of property without 20, 2003)
just compensation. Instead of building or
maintaining a public cemetery for this purpose,
the city passes the burden to private cemeteries. n. CONTRACTCLAUSE or NON‐IMPAIRMENT
(City Government of Quezon City vs. Ericta, G.R. CLAUSE
No. L‐34915, Jun. 24, 1983)
Q: May laws be enacted even if the result would
Q: Can there be expropriation in right of way be the impairmentof contracts?
easement?
A:
A: Yes. Expropriation is not limited to the GR: Valid contracts should be respected by
acquisition of real property with a corresponding the legislature and not tampered with by
transfer of title or possession – the right of way subsequent laws that will change the
easement resulting in a restriction of limitation on intention of the parties or modify their rights
property right over the land traversed by and obligations. The will of the parties to a
transmission lines also falls within the ambit of contract must prevail. A later law which
the term expropriation. (NPC v. Maria enlarges, abridges, or in any manner changes
Mendoza San Pedro G.R. No. 170945 September the intent of the parties to the contract
26, 2006) necessarily impairs the contract itself and
cannot be given retroactive effect without
Q: Causby sued the United States for trespassing violating the constitutional prohibition against
on his land, complaining specifically about how impairment of contracts. (Sangalang v. IAC,
"low‐flying military planes caused the plaintiffs' GR No. 71169, December 22, 1988)
chickens to 'jump up against the side of the
chicken house and the walls and burst XPN: Enactment of laws pursuant to the
themselves open and die. Are they entitled to exercise of police power because public
compensationby reason of taking clause? welfare prevails over private rights. It is
deemed embedded in every contract a
A: There is taking by reason of the frequency and reservation of the State’s exercise of police
altitude of the flights. Causby could not use his power, eminent domain and taxation, so long
land for any purpose. (US v. Causby, 328 U.S. 256 , as it deals with a matter affecting the public
1946) welfare. (PNB v Remigio, G.R. No 78508,
March 21, 1994)
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
Q: What constitutesimpairment?
They need not b e persons so poor that they must
A: Any statute which introduces a change into the be supported at public expense. It suffices that
express terms of the contract, or its legal the plaintiff is indigent. And the difference
construction, or its validity, or its discharge, or the between paupers and indigent persons is that the
remedy for its enforcement, impairs the contract. latter are persons who have no property or
(Black’s Law Dictionary) sources of income sufficient for their support
aside from their own labor though self supporting
Note: Franchises, privileges, licenses, etc. do not when able to work and in employment. (Acar v.
come within the context of the provision, since these Rosal, G.R. No. L‐21707, March 18, 1967)
things are subject to amendment, alteration or
repeal by Congress when the common good so
requires. p. RIGHTSOF SUSPECTS
Q: PAL (a former GOCC) and Kuwait Airways Q: What are the Mirandarights?
entered into a CommercialAgreementand Joint
Services Agreement. Can the execution of the A: These are the rights to which a person under
Commercial Memorandum of Understanding custodial investigation is entitled. These rights
between Kuwait and Philippine Government are:
automatically terminate the aforementioned 1. Right to remain silent
agreement? 2. Right to competent and independent
counsel, preferably of his own choice
A: No, because an act of the Phil. Gov’t negating 3. Right to be reminded that if he cannot
the commercial agreement between the two afford the services of counsel, he would
airlines would infringe the vested rights of a be provided with one
private individual. Since PAL was already under 4. Right to be informed of his rights
private ownership at the time the CMU was 5. Right against torture, force, violence,
entered into, the Court cannot presume that any threat, intimidation or any other means
and all commitments made by the Phil. Gov’t are which vitiate the free will
unilaterally binding on the carrier even if this 6. Right against secret detention places,
comes at the expense of diplomatic solitary, incommunicado, or similar
embarrassment. Even granting that the police forms of detention
power of the State may be exercised to impair the 7. Right to have confessions or admissions
vested rights of privately‐owned airlines, the
deprivation of property still requires due process obtained in violation of these rights
considered inadmissible in evidence
of law. (Kuwait Airline Corporation v. PAL, G.R. (Miranda v Arizona, 384 US 436, 1966)
No. 156087, May 8, 2009)
Note: Even if the person consents to answer
Q: May there be a valid impairmentof contracts questions without the assistance of counsel, the
even if the act in question is done by an entity moment he asks for a lawyer at any point in the
other than the legislature? investigation, the interrogation must cease until an
attorney is present.
A: Yes. The act need not be by a legislative office;
but it should be legislative in nature. (Philippine The “Miranda Rights” are available to avoid
Rural Electric Cooperatives Assoc. v. DILG Sec, G.R. involuntary extrajudicial confession.
No. 143076, June 10, 2003)
The purpose of providing counsel to a person under
custodial investigation is to curb the police‐state
practice of extracting a confession that leads
o. LEGAL ASSISTANCEAND FREE ACCESSTO
appellant to make self‐incriminating statements.
COURTS
(People vs. Rapeza, GR 169431, 3 April 2007)
Q. What is the significanceof this provision? Q: What are the rights and limitations of a
person in a preliminaryinvestigation?
A. It is the basis for the provision of Section 17,
Rule 5 of the New Rules of Court allowing A:
litigation in forma pauperis . Those protected 1. He cannot cross‐examine
include low paid employees, domestic servants 2. No right to counsel except when
and laborers. (Cabangis v. Almeda Lopez, G.R. No. confession is being obtained
47685, September 20, 1940)

97
3. He cannot file complaint or information not choose to use the term “custodial” by having
without authority it inserted between the words “under” and
4. Right to be present not absolute “investigation” goes to prove that it has
5. No dismissal without approval broadened the application of the Miranda
6. Right to discovery proceedings doctrine to investigation for commission of an
1. Availability offense of a person not in custody alone. (People
v. Maqueda, G.R. No. 112983, Mar. 22, 1995)
Q: When do these rights become available?
Q: When are the Miranda rights unavailable?
A: During custodial investigation or as soon as the
investigation ceases to be a general inquiry unto A:
an unsolved crime and direction is aimed upon a 1. During a police line‐up, unless
particular suspect, as when the suspect who has admissions or confessions are being
been taken into police custody and to whom the elicited from the suspect (Gamboa Vs.
police would then direct interrogatory questions Cruz,L‐56291, 27 Jun 1988)
which tend to elicit incriminating statements. 2. During administrative investigations
(Sebastian, Jr v Garchitorena, G.R. No
Note: Sec. 2 of R.A. 7438 provides that custodial 114028)
investigation shall include the practice of issuing an 3. Confessions made by an accused at the
invitation to a person who is under investigation in time he voluntarily surrendered to the
connection with an offense he is suspected to have police or outside the context of a formal
committed investigation; (People v Baloloy, G.R. No
140740, April 12, 2002) and
Rights during custodial investigation apply only 4. Statements made to a private person
against testimonial compulsion and not when the
(People v Tawat, G.R. No 62871, May
body of the accused is proposed to be examined (i.e.
25, 1985)
urine sample; photographs; measurements;
garments; shoes) which is a purely mechanical act.
In the case of Galman v. Pamaran, it was held that 2. Waiver

the constitutional safeguard is applied
notwithstanding that the person is not yet arrested Q: What are the rights that may be waived?
or under detention at the time. However, Fr. Bernas
has qualified this statement by saying that A:
jurisprudence under the 1987 Constitution has 1. Right to remain silent
consistently held, following the stricter view, that 2. Right to counsel
the rights begin to be available only when the person
is already in custody. (People v. Ting Lan Uy, G.R. No.
Note: However, the right to be informed of these
157399, Nov.17, 2005)
rights cannot be waived.
Q: X was criminally charged. An information was
filed against him and he was subsequently
arrested pursuant to a warrant of arrest issued 3. Requisites
by the court. Later X executed an extrajudicial
confession thru a Sinumpaang Salaysay without Q: What are the requisites for a valid waiver of
the assistance of counsel. X’s counsel moved these rights?
that the Sinumpaang Salaysay bedeclared
inadmissible in court since the same was in A:
violation of his Miranda Rights. The court denied 1. Made voluntarily, knowingly and
on the ground that the Miranda Rights are only intelligently
applicable during custodial investigation and 2. Waiver should be made in writing
after the filing of the information he can no 3. Made with the presence of counsel
longer invoke the same. Decide. (People v Galit, 135 SCRA 465,1980)
A: The rights are not confined to that period prior Q: Is a confession given to a mayor admissible in
to the filing of a complaint or information but are court?
available at that stage when a person is under
investigation for the commission of the offense. A: Yes, if such confession was given to the mayor
The fact that the framers of our Constitution did as a confidant and not as a law enforcement
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
officer. In such case, the uncounselled confession VIOLATIONSTHEREOF)

did not violate the suspect’s constitutional rights.
(People v Zuela, G.R. No 112177, January 28, Q: What is the relevanceof this act in relationto
2000) Rights of Suspects?
A: This is in implementation of Article Section 12
Note: What the Constitution bars is the compulsory of the Constitution, enacted on 27 April 1992,
disclosure of the incriminating facts or confessions. strengthens the rights of persons arrested,
The rights under Sec. 12 are guarantees to preclude detained or under custodial investigation stated
the slightest use of coercion by the State, and not to as Miranda rights and other rights such as:
prevent the suspect from freely and voluntarily
telling the truth. (People v. Andan, G.R. No. 116437,
1. Any person arrested, detained or under
Mar. 3, 1997)
custodial investigation shall at all times
be assisted by counsel.
Q: Decide on the admissibility as evidence of
confessions given to news reporters and/or 2. The custodial investigation report shall
be reduced to writing by the
media and videotapedconfessions.
investigating office and it shall be read
and adequately explained to him by his
A: Confessions given in response to a question by
counsel or by the assisting counsel
news reporters, not policemen, are admissible.
3. Any extrajudicial confession made by a
Where the suspect gave spontaneous answers to
person arrested, detained or under
a televised interview by several press reporters,
custodial investigation shall be in
his answers are deemed to be voluntary and are
writing and signed by such person in the
admissible.
presence of his counsel
Videotaped confessions are admissible, where it

Note: As used this Act, "custodial investigation" shall
is shown that the accused unburdened his guilt
include the practice of issuing an "invitation" to a
willingly, openly and publicly in the presence of person who is investigated in connection with an
the newsmen. Such confessions do not form part offense he is suspected to have committed, without
of confessions in custodial investigations as it was prejudice to the liability of the "inviting" officer for
not given to police men but to media in attempt any violation of law. (RA 7438)
to solicit sympathy and forgiveness from the
public.
5. ANTI‐TORTUREACT OF 2009 (RA 9745)
However, due to inherent danger of these
videotaped confessions, they must be accepted Q: What is the relevance of Anti Torture Act of
with extreme caution. They should be presumed 2009 in relationto Rights of Suspects?
involuntary, as there may be connivance between
the police and media men. (People v. Endino, G.R. A: It is meant to implement the guarantees in
No. 133026, Feb. 20, 2001) Section 12 of the Bill of Rights against torture and
other related acts. It adds the right, among
Q: What is the fruit of the poisonous tree others, to be informed of one’s right to demand
doctrine? physical examination by an independent and
competent doctor of his/her own choice, which
A: This doctrine states that once the primary may be waived, provided it is in writing and in the
source (the tree) is shown to have been presence of counsel.
unlawfully obtained, any secondary or derivative
evidence (the fruit) derived from it is also Note: It was enacted on 10 November 2009
inadmissible. The rule is based on the principle specifically to curb and punish torture (physical and
that evidence illegally obtained by the State mental) and other cruel, inhuman and degrading
should not be used to gain other evidence, treatment or punishment inflicted by a person in
because the srcinally illegally obtained evidence authority or agent of a person in authority upon
taints all evidence subsequently obtained. another person in his/her custody. (Anti‐Torture Act
Of 2009)
4. REPUBLICACT 7438 (AN ACT DEFINING
CERTAINRIGHTSOF PERSONARRESTED, Q. What are the salientfeaturesof this act?
DETAINEDOR UNDERCUSTODIAL
INVESTIGATIONAS WELL AS THE DUTIESOF THE A.
ARRESTING,DETAININGAND INVESTIGATING 1. An impartial investigation by the
OFFICERS,AND PROVIDINGPENALTIESFOR Commission on Human Rights (CHR)

99
and other concerned government 3. Accused is given notice and opportunity

agencies. to be heard
2. Investigation of the torture completed 4. Judgment rendered was within the
within a maximum period 60 working authority of a constitutional law
days
3. Sufficient government protection Q: Is right to appeal a part of due process?
4. Be given sufficient protection in the
manner by which he/she testifies and A: The right to appeal is not a natural right or part
presents evidence in any forum to avoid of due process. It is a mere statutory right, but
further trauma once given, denial constitutes violation of due
5. Claim for compensation under Republic process
Act No. 7309
6. Be informed of his/her right to demand
physical examination by an 2. Right to Bail
independent and competent doctor of
his/her own choice. Q: What is meant by bail?
7. To immediate access to proper and
adequate medical treatment A: It is the security given for the release of a
person in custody of law, furnished by him or a
Note: If he/she cannot afford the services of his/her bondsman, conditioned upon his appearance
own doctor, he/she will be provided by the State before any court as required.
with a competent and independent doctor to
conduct the physical examination. If the person
Q: When may the right to bail be invoked?
arrested is female, she will be attended to preferably
by a female doctor. (Anti‐Torture Act of 2009 , RA
A: The right to bail may be invoked once
9745)
detention commences even if no formal charges
have yet to be filed. (Teehankee v. Rovira, G.R.No.
L‐101, Dec. 20, 1945)
q. RIGHTS OF THE ACCUSED
Q: When is bail a matter of right?

Q: What are the rights of the accused?
A: All persons in custody shall be admitted to bail

A: Right to:
as a matter of right, with sufficient sureties, or be
1. Due process released on recognizance as prescribed by law or
2. Be presumed innocent
the Rules of Court.
3. Be heard by himself and counsel
4. Be informed of the nature and cause of
Q: When is bail a matter of discretion?
the accusation against him
5. A speedy, impartial and public trial
A: Upon conviction by the RTC of an offense not
6. Meet the witnesses face to face
punishable by death, reclusion perpetua, or life
7. Have compulsory process to secure the
imprisonment, bail becomes discretionary. (Sec.
attendance of witnesses and production
5, Rule 114, Revised Rules of Criminal Procedure)
of evidence on his behalf
8. Against double jeopardy
Should the court grant the application, the
9. Bail
accused may be allowed to continue on
provisional liberty during the pendency of the
appeal under the same bail subject to the consent
1. Criminal Due Process
of the bondsman.
Q: What are the requisites of criminal due Q: When shall bail be denied?
process?
A: If the penalty imposed by the trial court is
A: imprisonment exceeding six (6) years, the accused
1. Accused is heard by a court of shall be denied bail, or his bail shall be cancelled
competent jurisdiction upon a showing by the prosecution, with notice
2. Accused is proceeded against under the to the accused, of the following or other similar
orderly processes of law circumstances:
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
a. That he is a recidivist, quasi‐recidivist, 8. Forfeiture of other bail

or habitual delinquent, or has 9. Whether he was a fugitive from justice
committed the crime aggravated by the when arrested
circumstance of reiteration; 10. Pendency of other cases where he is on
b. That he has previously escaped from bail (Sunga v. Judge Salud, A.M. No.
legal confinement, evaded sentence, or 2205‐MJ, Nov. 19, 1981)
violated the conditions of his bail
without valid justification; Q: Should there be a hearing?
c. That he committed the offense while
under probation, parole, or conditional A: Whether bail is a matter of right or of
pardon; discretion, reasonable notice of hearing is
d. That the circumstances of his case required to be given the prosecutor, or at least he
indicate the probability of flight if must be asked for his recommendation, because
released on bail; or in fixing the amount of bail, the judge is required
e. That there is undue risk that he may to take into account a number of factors. (Cortes
commit another crime during the v. Judge Catral, A.M. No. RTJ‐97‐1387, Sept. 10,
pendency of the appeal. 1997)
The appellate court may, motu proprio or on When the accused is charged with an offense
motion of any party, review the resolution of the punishable by reclusion perpetua or higher, a
RTC after notice to the adverse party in either hearing on the motion for bail must be conducted
case. (Sec. 5, Rule 114, Rules of Court) by the judge to determine whether or not the
evidence of guilt is strong. (Baylon v. Judge Sison,
Note: The conduct of petitioner in applying for bail A.M. No. 92‐7‐360‐0, Apr. 6, 1995)
indicated that he had waived his objection to
whatever defect, if any, in the preliminary Q: Is the right to bail availableto an alien during
examination conducted by respondent judge (Luna the pendencyof deportationproceedings?
v. Plaza, G.R. No.L‐27511, Nov. 29, 1968) The right to
bail is available from the very moment of arrest A: Yes, provided that potential extraditee must
(which may be before or after the filing of formal
prove by clear and convincing proof that he is not
charges in court) up to the time of conviction by final
a flight risk and will abide with al orders and
judgment (which means after appeal). No charge
processes of the extradition court. (Government
need be filed formally before one can file for bail, so
of Hong Kong Special Administrative Region v.
long as one is under arrest. (Heras Teehankee v.
Rovira, G.R. No. L‐101, Dec. 20 1945) Olalia Jr., G.R 153675, Apr. 19, 2007)
Q: Who are not entitledto bail?

3. Presumptionof Innocence
A:
1. Persons charged with offenses Q: How is the presumptionapplied?
punishable by reclusion perpetua or
death, when evidence of guilt is strong A: Every circumstance favoring the innocence of
2. Persons convicted by the trial court. the accused must be taken into account. The
Bail is only discretionary pending proof against him must survive the test of reason;
appeal the strongest suspicion must not be permitted to
3. Persons who are members of the AFP sway judgment (People v. Austria, G.R. No. 55109,
facing a court martial Apr. 8, 1991)
Q: What are the factors to be considered in Q: Who may invoke the presumption of
settingthe amount of bail? innocence?
A: A: It can be invoked only by an individual accused

1. Financial ability of accused of a criminal offense; a corporate entity has no
2. Nature and circumstances of offense personality to invoke the same.
3. Penalty for offense Q: What is the EquipoiseRule?

4. Character and reputation of accused
5. Age and health of accused
6. Weight of evidence against him A: Under the equipoise rule, when the evidence
7. Probability of appearance at trial of both sides are equally balanced, the

101
constitutional presumption of innocence should indicating the guilt of the accused does not in
tilt the scales in favor of the accused (Corpuz v. itself destroy the constitutional presumption of
People, G.R. No. 74259, Feb. 14, 1991) innocence unless the inculpating presumption,
together with all the evidence, or the lack of any
Q: OZ lost five heads of cattle which he reported evidence or explanation, proves the accused’s
to the police as stolen from his barn. He guilt beyond a reasonable doubt. Until the
requested several neighbors, including RR, for accused’s guilt is shown in this manner, the
help in looking for the missing animals. After an presumption of innocence continues. (Re:
extensive search, the police found two heads in Conviction of Judge Adoracion G. Angeles, A.M.
RR's farm. RR could not explain to the police No. 06‐9‐545‐RTC, Jan. 31, 2008)
how they got hidden in a remote area of his
farm. Insisting on his innocence, RR consulted
a lawyer who told him he has a right to be 4. Right to be Heard by Himself and Counsel
presumed innocent under the Bill of Rights. But
there is another presumption of theft arising Q: Does this right pertain to mere presence of a
from his unexplained possession of stolen cattle lawyer in the courtroom?
under the penal law.
A: No. The accused must be amply accorded legal
Are the two presumptions capable of assistance extended by a counsel who commits
reconciliation in this case? If so, can they be himself to the cause of the defense and acts
reconciled? If not, which should prevail? accordingly; an efficient and truly decisive legal
assistance, and not simply a perfunctory
A: The two presumptions can be reconciled. The representation. (People v. Bermas, G.R. No.
presumption of innocence stands until the 120420, Apr. 21, 1999)
contrary is proved. It may be overcome by a
contrary presumption founded upon human
Q: Several individuals were tried and convicted
experience. The presumption that RR is the one
of Piracy in Philippine Waters as defined in PD
who stole the cattle of OZ is logical, since he was
532. However, it was discovered that the lawyer,
found in possession of the stolen cattle. RR
Mr. Posadas, who represented them was not a
can prove his innocence by presenting evidence
member of the bar although evidence shows
to rebut the presumption. The burden of
that he was knowledgeable in the rules of legal
evidence is shifted to RR, because how he came
procedure.
into possession of the cattle is peculiarly within
his knowledge. (Dizon‐Pamintuan v. People, G.R.
No. 111426, July 11, 1994) The accused now allege that their conviction
should be set aside since they were deprived of
Q: The RTC QC rendered a decision convicting due process. Are they correct?
Judge Angeles of violation of R.A. 7610. The
criminal cases are now on appeal before the A: No. Sec. 1 of Rule 115 of the Revised Rules of
Court of Appeals. Meanwhile, Senior Sate Criminal Procedure states that "upon motion, the
Prosecutor Velasco (SSP Velasco) suggested the accused may be allowed to defend himself in
immediate suspension of Angeles. SSP Velasco person when it sufficiently appears to the court
posited that since Judge Angeles stands that he can properly protect his rights without the
convicted of two counts of child abuse, her assistance of counsel." By analogy, but without
moral qualification as a judge is in question. prejudice to the sanctions imposed by law for the
Judge Angeles manifested that she still enjoys illegal practice of law, it is amply shown that the
the presumption of innocence since the criminal rights of accused were sufficiently and properly
cases are on appeal. Does she still enjoy the protected by the appearance of Mr. Posadas. An
presumption of innocence if the judgment examination of the record will show that he knew
convicting her is on appeal? the technical rules of procedure. Hence, there
was a valid waiver of the right to sufficient
A: Judge Angeles still enjoys constitutional representation during the trial, considering that it
presumption of innocence. Since her conviction of was unequivocally, knowingly, and intelligently
the crime of child abuse is currently on appeal made and

lawyer, with
Atty. the full
Abdul assistance
Basar. of a bona
Accordingly, denialfide
of
before the CA, the same has not yet attained
finality. As such, she still enjoys the constitutional due process cannot be successfully invoked
presumption of innocence. It must be where a valid waiver of rights has been made.
remembered that the existence of a presumption (People v. Tulin, G.R. 111709, Aug. 30, 2001)
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
Note: In Flores v. Ruiz, G.R. No. L‐35707, May 31, A: Description, not designation of the offense, is
1979, the Supreme Court held that the right to controlling. The real nature of the crime charged
counsel during the trial cannot be waived, because is determined from the recital of facts in the
“even the most intelligent or educated man may information. It is neither determined based on
have no skill in the science of law, particularly in the the caption or preamble thereof nor from the
rules of procedure, and without counsel, he may be specification of the provision of the law allegedly
convicted not because he is guilty but because he
violated.
does not know how to establish his innocence”.
Q: What are the requisites for properly

Q: X was criminallycharged in court. He hired as
informingthe accusedof the nature and cause of
counsel Y, who has many high‐profile clients.
accusation?
Due to his many clients, Y cannot attend the
hearing of the case of X. He requested many
A:
times to have the hearings postponed.The case
dragged on slowly. The judge in his desire to 1. Information must state the name of the
accused
finish the case as early as practicableunder the
2. Designation given to the offense by
continuous trial system appointed a counsel de
statute
officio and withdrewthe counsel de parte. Is the
3. Statement of the acts or omission so
action of the judge valid?
complained of as constituting the
offense
A: The appointment of counsel de officio under
4. Name of the offended party
such circumstances is not proscribed under the
5. Approximate time and date of
Constitution. The preferential discretion is not
commission of the offense
absolute as would enable an accused to choose a
6. Place where offense was committed
particular counsel to the exclusion of others
7. Every element of the offense must be
equally capable. The choice of counsel by the
alleged in the complaint or information
accused in a criminal prosecution is not a plenary
one. If the counsel deliberately makes himself
Q: What happens if the information fails to
scarce the court is not precluded from appointing
allege the materialelementsof the offense?
a counsel de officio whom it considers competent
and independent to enable the trial to proceed
A: The accused cannot be convicted thereof even
until the counsel of choice enters his appearance.
if the prosecution is able to present evidence
Otherwise the pace of criminal prosecution will
during the trial with respect to such elements.
entirely be dictated by the accused to the
detriment of the eventual resolution of the case. Q: How is the void for vagueness doctrine
(People v. Larranaga, G.R. No. 138874‐75, Feb. 3,
relatedto this right?
2004)
A: The accused is also denied the right to be
informed of the charge against him, and to due
5. Right to be Informedof the Nature and Cause
process as well, where the statute itself is
of Accusation couched in such indefinite language that it is not
possible for men of ordinary intelligence to
Q: What is the rationalefor this right? determine therefrom what acts or omissions are
punished. In such a case, the law is deemed void.
A:
1. To furnish the accused with such a Q: May a person be convicted of the crime
description of the charge against him as will proved if the same is different from the crime
enable him to make his defense charged?
2. To avail himself of his conviction or
acquittal for protection against further A: Under the variance doctrine, in spite of the
prosecution for the same cause difference between the crime that was charged
3. To inform the court of the facts alleged so and that which was eventually proved, the
that it may decide whether they are accused may still be convicted of whatever
sufficient in law to support a conviction, if offense that was proved even if not specifically
one should be had (US v. Karelsen G.R. No. set out in the information provided it is
1376, Jan. 21, 1904) necessarily included in the crime charged. (Teves
v. Sandiganbayan, G.R. No. 154182, Dec. 17,
Q: What would determinethe nature and cause 2004)
of accusation?

103
Q: May the right to be informed of the nature the fault of the prosecution, the testimony of the
and cause of accusation be waived? witness should not be excluded.
A: No. However, the defense may waive the right Q: Are affidavits of witnesses who are not
to enter a plea and let the court enter a plea of presented during trial admissible?
“not guilty”.
A: No. They are inadmissible for being hearsay.
The accused is denied the opportunity to cross‐
6. Right to Speedy, Impartial and Public examine the witnesses.
Q: What is meant by speedy trial? Note: Depositions are admissible under

circumstances provided by the Rules of Court.
A: The term “speedy” means free from vexatious,
capricious and oppressive delays. The factors to
be considered are: 8. Right to CompulsoryProcess to Secure
1. Time expired from the filing of Attendanceof Witness and Productionof
information Evidence
2. Length of delay
3. Reasons for the delay Q: What are the means available to the parties
4. Assertion or non‐assertion of the right to compel the attendance of witnesses and the
by the accused production of documents and things needed in
5. Prejudice caused to the defendant the prosecutionor defense of a case?
Q: What is meant by impartial trial? A:

1. Subpoena ad testificandum and
A: The accused is entitled to cold neutrality of an subpoena duces tecum
impartial judge, one who is free from interest or 2. Depositions and other modes of
bias. discovery
3. Perpetuation of testimonies
Q: Why must the trial be public?
Q: What is the difference between subpoena ad
A: It is in order to prevent possible abuses which testificandum and subpoena duces tecum?
may be committed against the accused. The
attendance at the trial is open to all, irrespective A:
of their relationship to the accused. However, if Ad Testificandum Duces Tecum
the evidence to be adduced is “offensive to A process directed to a person The person is also
requiring him to attend and to required to bring
decency or public morals,” the public may be
testify at the hearing or trial of with him any
excluded.
an action, or at any books,
investigation conducted by documents, or
Note: The denial of the right to speedy trial is a
competent authority, or for other things
ground for acquittal.
the taking of his deposition. under his control.
Q: What is the requirement for the issuance of

7. Right to Meet the Witnesses
subpoena duces tecum?
Face to Face
A: The subpoena shall contain a reasonable

Q: What is the purpose of the right of
description of the books, documents or things
confrontation?
demanded which must appear to the court as
prima facie relevant.
A: Primarily, to afford the accused an opportunity
to test the testimony of a witness by cross‐
Q: What are the requirementsfor the exercise of
examination, and secondarily, to allow the judge
the right to secure attendanceof witness?
to observe the deportment of the witness
A:
Q: What is the effect of failure to cross‐examine?
1. The witness is really material
2. The attendance of the witness was
A: If the failure of the accused to cross‐examine a
previously obtained
witness is due to his own fault or was not due to
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
3. The witness will be available at the time 2. Copy be served upon accused or
desired counsel
4. No similar evidence could be obtained
Note: Recording the decision in the criminal docket
Q: When is the right to cross‐examine of the court satisfies the requirement of notifying
demandable? the accused of the decision wherever he may be.
(Estrada v. People, G.R. No. 162371, Aug. 25, 2005)
A: It is demandable only during trials. Thus, it
cannot be availed of during preliminary
investigations. r. PRIVILEGEOF WRIT OF HABEAS CORPUS
Q: What are the principalexceptionsto the right Q: What is the Writ of Habeas Corpus?
of confrontation?
A: Writ of Habeas Corpus is a writ directed to the
A: person detaining another, commanding him to
1. Admissibility of dying declarations and produce the body of the detainee at a designated
all exceptions to the hearsay rule time and place, and to show the cause of his
2. Trial in absentia under Sec.14(2) of Art. detention.
III of the Constitution
3. With respect to child testimony Q: What is the Privilege of the Writ of Habeas
Corpus?
9. Trial in Absentia A: It is the right to have an immediate

determination of the legality of the deprivation of
Q: When may trial in absentia proceed? physical liberty.
A: Trial in absentia may proceed if the following Q: When may the privilege of the writ be
requisites are present: suspended?
1. Accused has been validly arraigned A: The privilege of the writ may be suspended by
2. Accused has been duly notified of the the President, provided that the following
dates of hearing requisites are present:
3. Failure to appear is unjustifiable
1.
2. Existence of actual
Public safety invasion
requires or rebellion
the suspension
Q: Is the presenceof the accusedmandatory?
A: Yes, in the following instances: Q: To what situationsdoes the writ apply?

1. During arraignment and plea
2. During trial, for identification, unless A: The Writ of Habeas Corpus extends to all cases
the accused has already stipulated on of illegal confinement or detention by which any
his identity during the pre‐trial and that person is deprived of his liberty, or by which the
he is the one who will be identified by rightful custody of any person is withheld from
the witnesses as the accused in the the one entitled thereto.
criminal case
3. During promulgation of sentence, Q: May the Writ of Habeas Corpus be used as a
unless for a light offense means of obtaining evidence on the
whereaboutsof a person?
Note: While the accused is entitled to be present
during promulgation of judgment, the absence of his A: In Martinez v. Mendoza (499 SCRA 234 2006),
counsel during such promulgation does not affect its the Court held that the grant of relief in a habeas
validity. corpus proceeding is not predicated on the
disappearance of a person, but on his illegal
Q: Can there be promulgation of judgment in detention. It may not be used as a means of
absentia? obtaining evidence on the whereabouts of a
person, or as a means of finding out who has
A: Promulgation of judgment in absentia is valid specifically abducted or caused the disappearance
provided that the essential elements are present: of a certain person. When forcible taking and
1. Judgment be recorded in the criminal disappearance – not arrest and detention – have
docket been alleged, the proper remedy is not habeas

105
corpus proceedings, but criminal investigation temporary protection

and proceedings. order, witness
protection order,
Q: X was arrested by the military on the basis of inspection order and
a mission order issued by the Department of production order, are
Defense. A petition for habeas corpus was filed. available
The writ was issued. Later an information for Covers acts which
Limited to cases
rebellion was filed against X. The military moved violate or threaten to
involving actual violation
violate the right to life,
that the petition should be dismissed for having of right to liberty
liberty and security
become moot and academic. Decide.
General denial is not
Mere denial is a ground
allowed; detailed return
A: The function of the special proceeding of for dismissal of the
is required of the
habeas corpus is to inquire into the legality of petition
one’s detention. Now that the detainee’s respondent
No presumption of
incarceration is by virtue of a judicial order in Presumption of regular
regularity; must prove
relation to criminal cases subsequently filed performance of official
observance of
against them, the remedy of habeas corpus no duty
extraordinary diligence
longer lies. The writ has served its purpose. Only enforceable
(Ilagan v. Enrile, G.R. No. 70748, Oct. 21, 1985) Enforceable anywhere in anywhere in the Phil. if
the Philippines filed with the CA or SC
1. Writ of Amparo justice
Exempted from payment
Not exempted
Q: What is the Writ of Amparo? of docket fees
Release of detained
Release of detained
person does not render
A: It is a remedy available to any person whose person renders it moot
the petition moot and
right to life, liberty, and security has been and academic
academic
violated or is threatened with violation by an
unlawful act or omission of a public official or
employee, or of a private individual or entity. The Q: Engr. Tagitis disappearedone day and his wife
writ covers extralegal killings and enforced filed a petition for the Writ of Amparo with the
disappearances or threats thereof. (Rule on Writ CA directed against the PNP, claiming that the
of Amparo) “unexplained uncooperative behaviour” of the
respondents request for help and their failure
Q: What are extralegalkillings? and refusal to extend assistance in locating the
whereabouts of Tagitis were indicative of their
A: Killings committed without due process of law, actual physical possession and custody of the
i.e., without legal safeguards or judicial missing engineer.”The PNP was held responsible
proceedings. for the “enforced disappearance” of Engr.
Tagitis. Is this valid?
Q: What constitutesenforced disappearances?
A: Yes. The government in general, through the
A: An arrest, detention or abduction of a person PNP and the PNP‐CIDG, and in particular, the
by a government official or organized groups or Chiefs of these organizations together with Col.
private individuals acting with the direct or Kasim, should be held fully accountable for the
indirect acquiescence of the government. It is enforced disappearance of Tagitis. Given their
further characterized by the refusal of the State mandates, the PNP and the PNP‐CIDG officials
to disclose the fate or whereabouts of the person and members were the ones who were remiss in
concerned or a refusal to acknowledge the their duties when the government completely
deprivation of liberty which places such persons failed to exercise extraordinary diligence that the
outside the protection of law. Amparo rule requires. (Razon v. Tagitis, G.R. No.
182498, Dec. 3, 2009)
Q: What are the main advantages of the Writ of
Amparo over the Writ of Habeas Corpus?
Q: Fr. Reyes
name was charged
was included with
in the rebellion
hold andlist.
departure his
A: The case was later on dismissed but the Hold
Writ of Amparo Writ of Habeas Corpus Departure Order still subsisted. Can the Writ of
Interim reliefs, such as No interim reliefs Amparo be invoked to protect his right to travel?
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
A: No. The restriction on his right to travel as a shielded from the perpetrators of their
consequence of the pendency of the criminal case abduction, they cannot be expected to show
filed against him was not unlawful. Fr. Reyes also evidence of overt acts of threat such as face‐to‐
failed to establish that his right to travel was face intimidation or written threats to their life,
impaired in the manner and to the extent that it liberty and security. Nonetheless, the
amounted to a serious violation of his right to life, circumstances of their abduction, detention,
liberty, and security, for which there exists no torture and escape reasonably support a
readily available legal remedy. (Reyes v. CA, G.R. conclusion that there is an apparent threat that
No. 182161, Dec. 3, 2009) they will again be abducted, tortured, and this
time, even executed. These constitute threats to
Q: X and Y were abductedby the CitizensArmed their liberty, security, and life, actionable through
Forces Geographical Unit (CAGFU). They were a petition for a Writ of Amparo. (Sec. of National
taken to various military camps, put in chains, Defense and AFP Chief of Staff v. Manalo, G.R.
and tortured. While detained, they were No. 180906, Oct. 7, 2008)
threatened that if they escape, they and their
families would be killed. While in captivity,they
met A, B, and C who were also prisoners. s. RIGHT AGAINSTSELF‐INCRIMINATION
Eventually,X and Y were able to escape.
Q: When is the right available?
Presently,X and Y are now in protectivecustody
under private individuals.X and Y then filed a A: The right is available not only in criminal
petition for the issuance of the Writ of Amparo, prosecutions but also in all other government
implicating several officers of the military as proceedings, including civil actions and
their abductors.They allege that their cause of administrative or legislative investigations that
action consists in the threat to their right to life possess a criminal or penal aspect—but not to
and liberty, and a violation of their right to private investigations done by private individual
security. Considering the fact that they have (BPI vs. CASA, 430 SCRA 261). It may be claimed
alreadyescaped,will the petitionstill prosper? not only by the accused but also by any witness to
whom a question calling for an incriminating
A: Yes. While X and Y were detained, they were answer is addressed.
threatened that if they escaped, their families,
including them, would be killed. In time, they Q: When is a questionincriminating?
were able to escape. The condition of the threat
to be killed has come to pass. It should be A: A question tends to incriminate when the
stressed that they are now free from captivity answer of the accused or the witness would
not because they were released by virtue of a establish a fact which would be a necessary link in
lawful order or voluntarily freed by their a chain of evidence to prove the commission of a
abductors. It ought to be recalled that towards crime by the accused or the witness.
the end of their ordeal their captors even told
them that they were still deciding whether they Q: When is the right against self‐incrimination
should be executed. applied?
A: The privilege against self‐incrimination can be

The possibility of X and Y being executed stared
them in the eye while they were in detention. claimed only when the specific question,
incriminatory in character, is actually addressed
With their escape, this continuing threat to their
to the witness. It cannot be claimed at any other
life is apparent, more so now that they have
time. It does not give a witness the right to
surfaced and implicated specific officers in the
disregard a subpoena, to decline to appear before
military not only in their own abduction and
the court at the time appointed.
torture, but also in those of other persons known
to have disappeared such as A, B, and C, among
others. The privilege against self‐incrimination is not self‐
executing or automatically operational. It must be
claimed. It follows that the right may be waived,
Understandably, since their escape, they have
been under concealment and protection by expressly, or impliedly,
at the appropriate time. as by a failure to claim it
private citizens because of the threat to their life,
liberty and security. The threat vitiates their free
will as they are forced to limit their movements
or activities. Precisely because they are being

107
Q: What is the difference between an accused supposed to be falsified. The lower court
and an ordinary witness with respect to the right granted the petition of the fiscal. X refused what
against self‐incrimination? the fiscal demanded and sought refuge in the
constitutionalprovision of his right against self‐
A: incrimination.Is X’s contentionvalid?
Accused Ordinary Witness
Can refuse to take the Cannot refuse to take A: X’s contention is tenable. Under Article HI,
witness stand altogether the witness stand; can Section 17 of the 1987 Constitution, “no
by invoking the right only refuse to answer person shall be compelled to be a witness
against self‐ specific questions which against himself.” Since the provision prohibits
incrimination would incriminate him in compulsory testimonial incrimination, it does
the commission of an not matter whether the testimony is taken by oral
offense
or written. Writing is not purely a mechanical act
because it requires the application of intelligence
and attention. The purpose of the privilege is to
1. Scope and Coverage avoid and prohibit thereby the repetition and
recurrence of compelling a person, in a
Q: What is the scope of the Privilege against Self‐ criminal or any other case, to furnish the
incrimination? missing evidence necessary for his conviction.
(Bermudez v. Castillo, July 26, 1937; Beltran v.
A: This constitutional privilege has been defined Samson, G.R. No. 32025, September 23, 1929)
as a protection against testimonial compulsion,
but this has since been extended to any evidence Note: There is similarity between one who is
“communicative in nature” acquired under compelled to produce a private document (Boyd vs.
circumstances of duress (People v. Olvis, G.R. No. US, 1886), and one who is compelled to furnish a
71092, Sept. 30, 1987) specimen of his handwriting, for in both cases, the
witness is required to furnish evidence against
What is prohibited is the use of physical or moral himself.
compulsion to extort communication from the
witness or to otherwise elicit evidence which 2. Immunity Statutes
would not exist were it not for the actions
compelled from the witness. Q: Distinguish Derivative‐Use Immunity from
TransactionalImmunity.
Note: It applies only to testimonial compulsion and
production of documents, papers and chattels in A:
court except when books of account are to be Derivative‐Use
examined in the exercise of police power and the Transactional Immunity
Immunity
power of taxation. An accused may be compelled to Whatever is elicited
be photographed or measured, his garments may be from the witness, as well
removed, and his body may be examined. However, as any other evidence Witness is immunized
an order requiring the accused to write so that his which the investigators from prosecution in
handwriting may be validated with the documentary were led to because of relation to the crime in
evidence is covered by the constitutional the testimony given, which he was compelled
proscription against self‐incrimination. would not be admissible to provide testimony
in evidence against the
Q: Do re‐enactments violate a person's right witness
against self‐incrimination?
Q: Republic of the Philippinesfiled a case against
A: Yes. A person who is made to re‐enact a crime WestinghouseCorporationbefore the US District
may rightfully invoke his privilege against self‐ Court due to the belief that Westinghouse
incrimination, because by his conduct of acting contract for the construction of the Bataan
out how the crime was supposedly committed, he Nuclear power plant, which was brokered by
thereby practically confesses his guilt by action Herminio’s Disini’s company, had been attended
which is as eloquent, if not more so, than words. by anomalies. Having worked as Herminio’s
executive in the latter’s company for 15 years,
Q: Fiscal A petitioned the lower court to order X the Republic asked Jesus Disini to give his
to appear before the former to take dictation in testimony regarding the case.
X’s own handwriting to determine whether or
not it was X who wrote certain documents
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
An immunity agreement was entered between A:

Jesus and the Republicwhich Disini undertookto 1. None. In the case at bar, X and Y were under
testify for his government and provide its the directive of law and under the compulsion of
lawyers with informationsneeded to prosecute fear for the contempt powers of the Board. They
the case. Said agreement gave Jesus an were left with no choice but to provide
assurancethat he shall not be compelledto give testimonies before the Board.
furthertestimoniesin any proceedingother than
the present matter. Jesus complied with his 2. No. The manner in which testimonies were
undertaking but 18 years after the taken from X and Y falls short of the
Sandiganbayanissued a subpoena against him, constitutional standards both under the due
commanding to testify and produce documents process clause and under the exclusionary rule.
before said court in an action filed against
Herminio. 3. As a rule, such infringement of constitutional
right renders inoperative the testimonial
Can Jesus be compelled to testify before the compulsion, meaning, the witness cannot be
Sandiganbayan? compelled to answer UNLESS a co‐extensive
protection in the form of IMMUNITY is offered.
A: No. A contract is the law between the parties. The only was to cure the law of its
It cannot be withdrawn except by their mutual unconstitutional effects is to construe it in the
consent. In the case at bar, the Republic, through manner as if IMMUNITY had in fact been offered.
the PCGG, offered Jesus not only criminal and civil The applicability of the immunity granted by P.D.
immunity but also immunity against being 1886 cannot be made to depend on a claim of the
compelled to testify in any proceeding other than privilege against self‐incrimination which the
the civil and arbitration cases identified in the same law practically strips away from the witness.
agreement, just so he would agree to testify. (Galman vs. Pamaran, 138 SCRA 294, 1985)
When the Republic entered in such agreement, it
needs to fulfill its obligations honorably as Jesus Note: Sec. 5, P.D. 1886, grants merely immunity
did. The government should be fair. (Disini v. from use of any statement given before the Agrava
Sandiganbayan, G.R. No. 180564, June 22, 2010) Board, but not immunity from prosecution by reason
or on the basis thereof. (Galman v. Pamaran, G.R.
Q: X and Y were called before the AGRAVA Nos. 71208‐09, Aug. 30, 1985)
Board to elicit and determine the surrounding
facts and circumstancesof the assassinationof Q: What is the effect of denial of privilege
againstself‐incrimination?
Benigno
(P.D. Aquino
1886) Sr. the
creating Section
Board5 compels
of the same law
a person
to take the witness stand, testify or produce A: When the privilege against self‐incrimination is
evidence, under the pain of contempt if they violated outside of court, say, by the police, then
failed or refused to do so. X and Y gave their the testimony, as already noted, is not admissible
testimonies without having been informed of under the exclusionary rule. When the privilege
their right to remain silent and that any is violated by the court itself, that is, by the judge,
statement given by them may be used against the court is ousted of its jurisdiction, all its
them. The Board then used the informationfrom proceedings are null and void, and it is as if no
the testimonies of X and Y to support the judgment has been rendered . (Chavez v. CA, G.R.
prosecution's case against them in No. L‐29169, Aug. 19, 1968)
Sandiganbayan. The Board contends that the
fact that X and Y testified before the Board Q: R.A. 9165 requiresmandatorydrug testing for
constituted as a valid waiver of their persons charged before the prosecutor’soffice
constitutionalrights to remain silent and not to with criminal offenses punishable with 6 years
be compelled to be a witness against and 1 day imprisonment. Petitioner SJS
themselves. questionsthe constitutionalityof the law on the
1. Was there a valid waiver of the rights? ground that it violates the rights to privacy and
2. Are the testimoniesof X and Y admissible in againstself‐incriminationof an accused.Decide.
court?
3. How can the unconstitutional effects be A: The Court finds the situation entirely different
reconciled? in the case of persons charged before the public
prosecutor’s office with criminal offenses
punishable with imprisonment. The operative
concepts in the mandatory drug testing are
“randomness” and “suspicionless”. In the case of

109
persons charged with a crime before the Q: What are the punishmentscovered?
prosecutor’s office, a mandatory drug testing can
never be random or suspicionless. The ideas of A: Cruel, degrading, and inhuman form, extent,
randomness and being suspicionless are and duration punishments
antithetical to their being made defendants in a
criminal complaint. They are not randomly Q: When is a penalty cruel and inhuman?
picked; neither are they beyond suspicion. When
persons suspected of committing a crime are A: A penalty is cruel and inhuman if it involves
charged, they are singled out and are impleaded torture or lingering suffering.
against their will. The persons thus charged, by
the bare fact of being haled before the Q: When is a penalty degrading?
prosecutor’s office and peaceably submitting
themselves to drug testing, if that be the case, do A: A penalty is degrading if it exposes a person to
not necessarily consent to the procedure, let public humiliation.
alone waive their right to privacy. To impose
mandatory drug testing on the accused is a Q: What are the standards used to determine if
blatant attempt to harness a medical test as a the penalty is cruel and inhuman?
tool for criminal prosecution, contrary to the
stated objectives of R.A. 9165. Drug testing in this A:
case would violate a person’s right to privacy 1. The punishment must not be so severe
guaranteed under Sec. 2, Art. III of the as to be degrading to the dignity of
Constitution. Worse still, the accused person’s are human beings
veritably forced to incriminate themselves. (SJS v. 2. It must not be applied arbitrarily
DDB, G.R. No. 157870, Nov. 3, 2008) 3. It must not be unacceptable to
contemporary society
4. It must not be excessive, and it must
t. RIGHT AGAINSTINVOLUNTARYSERVITUDE serve a penal purpose more effectively
than a less severe punishment would
Q: What is involuntaryservitude? 5. Excessive fine, or one which is
disproportionate to the offense
A: It is the condition where one is compelled by
force, coercion, or imprisonment, and against his Note: Mere severity does not constitute cruel or
will, to labor for another, whether he is paid or inhuman punishment. To violate constitutional
not. guarantee, penalty must be flagrant and plainly
oppressive, disproportionate to the nature of the
offense as to shock the senses of the community.
GR: No involuntary servitude shall exist.
XPNs:
1. Punishment for a crime for which the v. NON‐IMPRISONMENTFOR DEBT
party has been duly convicted
2. Personal military or civil service in the Q: What is the coverage of this section?
interest of national defense
3. In naval enlistment, a person who A:
enlists in a merchant ship may be 1. Debt – any civil obligation arising from
compelled to remain in service until the contract
end of a voyage 2. Poll tax – a specific sum levied upon any
4. Posse comitatus or the conscription of person belonging to a certain class
able‐bodied men for the apprehension without regard to property or
of criminals occupation (e.g. Community tax)
5. Return to work order issued by the
DOLE Secretary or the President Note: A tax is not a debt since it is an obligation
arising from law. Hence, its non‐payment maybe
6. Minors under patria potestas are
validly punished with imprisonment. Only poll tax is
obliged to obey their parents
covered by the constitutional provision.
If an accused fails to pay the fines imposed upon
u. PROHIBITEDPUNISHMENTAND POLITICAL him, this may result in his subsidiary imprisonment
PRISONERS because his liability is ex delicto and not ex
contractu.
POLITICALLAW TEAM:
VILLAMOR.
BILL OF RIGHTS
accused. (Sec 7, Rule 117, Rules of Court;

Q: If the debtor contracted the debt through People v. Obsania, G.R. No. L‐24447, June
fraud, may he be imprisoned? 29, 1968)
A: Generally, a debtor cannot be imprisoned for Q: When is the defense of double jeopardy not
failure to pay his debt. However, if he contracted available?
his debt through fraud, he can be validly punished
in a criminal action as his responsibility arises not A:
from the contract of loan but from commission of GR: Double jeopardy is not available when the
a crime. (Lozano v. Martinez, G.R. No. L‐63419, case is dismissed other than on the merits or
Dec.18, 1986) other than by acquittal or conviction upon
motion of the accused personally, or through
counsel, since such dismissal is regarded as
w. DOUBLEJEOPARDY with express consent of the accused, who is
therefore deemed to have waived the right to
Q: What is Double Jeopardy? plea double jeopardy.
A: When a person was charged with an offense XPNs:

and the case was terminated by acquittal or 1. Dismissal based on insufficiency of
conviction or in any other manner without his evidence
consent, he cannot again be charged with the 2. Dismissal because of denial of accused’s
same or identical offense. (Melo v. People, G.R. right to speedy trial
No. L‐3580, Mar. 22, 1950) 3. Accused is discharged to be a State
witness
Q: What are the two types of double jeopardy?
Q: What is the Doctrineof SuperveningEvent?
A:
1. No person shall be twice put in jeopardy A: It allows the prosecution of another offense if
of punishment for the same offense subsequent development changes the character
2. If an act is punished by a law and an of the first indictment under which he may have
ordinance, conviction or acquittal under already been charged or convicted.
either shall constitute a bar to another
prosecution for the same act Q: Will the convictionof an accused bar another
prosecution for an srcinally

includesthe offense offense charged?
which necessarily
Q: When will double jeopardyattach?
A: A: No. Conviction will not bar prosecution for

1. The first jeopardy must have attached another offense if the graver offense developed
prior to the second due to supervening facts arising from the same
2. The first jeopardy must have been act or omission, facts constituting the graver
validly terminated offense arose or discovered only after the filing of
3. The second jeopardy must be for the the former complaint or information, and plea of
commission of the same offense or the guilty to a lesser offense was made without the
second offense must include or is consent of prosecutor or offended party. (People
necessarily included in the first v. Judge Villarama, G.R. No. 99287, June 23,
information, or is an attempt to commit 1992).
the same or a frustration thereof
Q: X was charged with a criminal case in the
Q: What are the requisitesof double jeopardy? court. He was arraigned and he pleaded not
guilty. Later the prosecution moved to dismiss
A: the case. The counsel for the accused wrote “No
1. Court of competent jurisdiction Objection” at the bottom of the prosecutor’s
2. A Complaint or Information sufficient in motion. The court granted the motion and
dismissedthe case against X. A year after, X was
form and substance to sustain a later charged for the same case. May X invoke
conviction
3. Arraignment and plea by the accused; the right againstdouble jeopardy?
4. Conviction, acquittal, or dismissal of the
case without the express consent of the

111
A: No. The act of the X’s counsel in writing “No penalty or deprivation of a right for
Objection” constituted an express consent to the something which when done was lawful
termination within the meaning of Sec. 9 of Rule 6. Deprives a person accused of a crime of
117 Rules of Court. He could not thereafter some lawful protection to which he has
revoke that conformity since the court had become entitled, such as the protection
already acted upon it by dismissing the case. X of a former conviction or acquittal, or a
was bound by his counsel’s consent to the proclamation of amnesty
dismissal. (People v. Pilpa, G.R. No. L‐30250, Sept.
22, 1977) Q: What is a bill of attainder?
Q: Two policemen were charged before the A: A “bill of attainder” is a legislative act that
Sandiganbayan for the death of two men. inflicts punishment without trial, its essence being
However, the prosecution was ordered to the substitution of legislative fiat for a judicial
amend the information and the accused were determination of guilt. (People vs. Ferrer)
arraigned anew and consequestly convicted.
Were they placed in double jeopardy? Note: It is only when a statute applies either to a
named individuals or easily ascertainable members
A: No. The first requirement for jeopardy to of a group in such a way as to inflict punishment on
attach – that the Informations were valid – has them without a judicial trial that it becomes a bill of
not been complied with. (Herrera v. attainder.
Sandiganbayan, G.R. Nos. 119660‐61, Feb. 13,
2009) Q: What are the two kinds of bill of attainder?
Q: If the first case was dismissed due to A:

insufficiency of evidence without giving the 1. Bill of attainder proper (legislative
prosecution the opportunity to present its imposition of the death penalty)
evidence, has jeopardy attached?
2. Bill of pains and penalties (imposition of
A: The first jeopardy has not yet attached. There a lesser penalty).
is no question that four of the five elements of
legal jeopardy are present. However, the last Q: X was charged with illegal possession of
element – valid conviction, acquittal, dismissal or firearms. When X committed the offense, the
termination of the case – is wanting since the governing law was PD 1866, which provided for
right to due process was violated. (People v. the penalty of reclusion temporal to reclusion
Dumlao, G.R. No. 168918, Mar. 2, 2009) perpetua. However, while the case was pending,
PD 1866 was amended by RA 8294, which
reduced the penalty to prision correccional but
x. EX POST FACTO LAW AND increasing the amount of fine. If X is convicted,
BILL OF ATTAINDER which penalty shall be imposed?
A: R.A. 8294 is the applicable law. As a general

Q: What are the kinds of ex post facto law?
rule, penal laws should not have retroactive
A: It can be a law that:
application, lest they acquire the character of an
1. Makes an act, which was innocent when ex post facto law. An exception to this rule,
done, criminal and punishes such action however, is when the law is advantageous to the
2. Aggravates a crime or makes it greater accused. Although an additional fine of
than when it was committed P15,000.00 is imposed by R.A. 8294, the same is
still advantageous to the accused, considering
3. Changes the punishment and inflicts a
that the imprisonment is lowered to prision
greater punishment than the law
correccional in its maximum period from reclusion
annexed to the crime when it was
committed temporal in its maximum period to reclusion
4. Alters the legal rules of evidence and perpetua under P.D. 1866.
receives less or different testimony than
the law required at the time of the Hence, R.A. 8294 should be applied, without
prejudice to the application of the Indeterminate
commission of the offense in order to
convict the defendant Sentence Law. (Valeroso v. People, G.R. No.
164815, Feb. 22, 2008)
5. Assumes to regulate civil rights and
remedies only. In effect imposes
POLITICALLAW TEAM:
VILLAMOR.
CITIZENSHIP
H. CITIZENSHIP citizenship upon reaching the age of

majority;
Q: What is citizenship?
Note: Time to elect: within 3 years from
A: It is membership in a political community reaching the age of majority.
which is personal and more or less permanent in
character. 4. Those naturalized in accordance with
law. (Sec.1, Art. IV, 1987 Constitution)
Q: What are the modes of acquiringcitizenship?
Q: What is the Caram Rule?
A:
1. By birth A: Under the 1935 Constitution, those born in the
1. Jus sanguinis – acquisition of Philippines of foreign parent, who before the
citizenship on the basis of blood adoption of the Constitution had been elected to
relationship. public office, are considered Filipino citizens.
2. Jus soli – acquisition of citizenship (Chiongbian v. de Leon, G.R. No. L‐2007, Jan. 31,
on the basis of the place of birth. 1949)
2. By naturalization – the legal act of The 1935, Constitution, during which regime FPJ
adopting an alien and clothing him with had seen first light, confers citizenship to all
the privilege of a native‐born citizen. persons whose fathers are Filipino citizens
regardless of whether such children are
3. By marriage legitimate or illegitimate. (Tecson v. COMELEC,
G.R. No. 161434, Mar. 3, 2004)
Note: Jus sanguinis and naturalization are the modes
followed in the Philippines. Q: Who are natural‐born citizens?
Q: Can there be judicialdeclarationthat a person A:

is a Filipinocitizen?Why? 1. Citizens of the Philippines from birth
without having to perform any act to
A: No. He has to apply for naturalization and acquire or perfect their Philippine
adduce evidence of his qualifications. (Yung Uan citizenship
Chu v. Republic, G.R. No. L‐34973, Apr. 14, 1988)
Q: Who are citizensof the Philippines? 2. Those

Filipinoborn beforewho
mothers, January
elect17, 1973 of
Philippine
citizenship upon reaching the age of
A: majority
1. Those who are Filipino citizens at the
time of the adoption of the 1987 Q: What is the rule regarding marriage of a
Constitution: Filipinowith an alien?
a. Those who are citizens under the
Treaty of Paris; A:
b. Those declared citizens by judicial GR: The Filipino retains Philippine citizenship.
declaration applying the jus soli
principle, before Tio Tam v. XPN: If, by their act or omission they are
Republic, 25 Apr. 1957, G.R. No. L‐ deemed, under the law, to have renounced it.
9602. (Sec.4, Art.IV, 1987 Constitution)
c. Those who are naturalized in
accordance with law. (Act 2927) Q: State the qualificationsfor naturalization.
d. Those who are citizens under the
1935 Constitution. A:
e. Those who are citizens under the 1. Not less than 18 years of age on the
1973 Constitution. date of hearing the petition (as
amended by R.A. 6809);
2. Those whose fathers or mothers are
Filipino citizens 2. Resided in the Philippines for not less
than 10 years; may be reduced to 5
3. Those born before January 17, 1973, of years, if;
Filipino mothers, who elect Philippine

113
a. Honorably held office in the 6. Persons who, during residence in the

Philippines Philippines, have not mingled socially
b. Established new industry or with Filipinos, or did not evince sincere
introduced a useful invention desire to learn and embrace customs,
c. Married to a Filipino woman traditions and ideals of Filipinos
d. Engaged as teacher in Philippine 7. Citizens or subjects of nations with
public or private school not whom the Philippines is at war, during
established for exclusive the period of such war
instruction of a particular 8. Citizens or subjects of a foreign country
nationality or race, or in any whose laws do not grant Filipinos the
branches of education or industry right to become naturalized citizens or
for a period of not less than 2 subjects thereof (no reciprocity)
years; and
e. Born in the Philippines Q: Differentiate a Direct naturalization from a
Derivative naturalization.
3. Character
1. Good moral character A: Direct naturalization is effected:
2. Believes in the Constitution 1. By individual proceedings, usually
3. Conducted himself in an judicial, under general naturalization
irreproachable conduct during his laws
stay in the Philippines 2. By specific act of the legislature, often
in favor of distinguished foreigners who
4. Owns real estate in the Philippines not have rendered some notable service to
less than P5,000 in value; or has some the local state
lucrative trade, profession or lawful 3. By collective change of nationality
occupation that can support himself (naturalization en masse) as a result of
and his family cession or subjugation
4. In some cases, by adoption of orphan
5. Speaks and writes English or Filipino minors as nationals of the State where
and any principal Philippine dialects (as they are born
amended by Sec. 6 Art. XIV); and
Derivative naturalization is conferred:
6. Enrolled minor children in any public or 1. On the wife of the naturalized husband
private school recognized by the 2. On the minor children of the naturalized
government where Philippine history, parent
government and civics are taught as 3. On the alien woman upon marriage to a
part of the curriculum, during the entire national
period of residence prior to hearing of 4. The unmarried child whether
petition. legitimate, illegitimate or adopted,
below 18 years of age, of those who re‐
Q: Who are disqualifiedfor naturalization? acquire Philippine citizenship upon
effectivity of R.A. 9225 shall be deemed
A: citizens of the Philippines.
1. Persons opposed to organized
government or affiliated with any Note: Derivative naturalization does not always
association or group of persons which follow as a matter of course, for it is usually made
uphold and teach doctrines opposing all subject to stringent restrictions and conditions. Our
organized governments own laws, for instance, provide that an alien woman
2. Persons defending or teaching necessity married to a Filipino shall acquire his citizenship only
or propriety of violence, personal if she herself might be lawfully naturalized.
assault or assassination for the success
or predominance of their ideas Q: What are the effects of naturalization?
3. Polygamists or believers of polygamy
4. Persons suffering from mental A: ON THE WIFE
alienation or incurable contagious
disease Vests citizenship on the wife who might herself be
5. Persons convicted of crime involving lawfully naturalized; She need not prove her
moral turpitude qualifications but only that she is not disqualified.
POLITICALLAW TEAM:
VILLAMOR.
CITIZENSHIP
(Moy Ya Lim Yao v. Comm. of Immigration, G.R. No.

L‐21289, Oct. 4, 1971.) Note: The mere application or possession
of an alien certificate of registration does
ON THE MINOR CHILDREN not amount to renunciation (Mercado v.
Manzano, G.R. No. 135083, May 26,
Born in the Philippines
1999).
Automatically becomes a citizen
Born Abroad
3. Subscribing to an oath of allegiance to
Before the naturalizationof the father
the constitution or laws of a foreign
If residing in the Phil. At Automatically country upon attaining 21 years of age;
the time of naturalization becomes a citizen. or
GR: Considered citizen
only during minority Note: Citizens may not divest citizenship
If not residing in the Phil.
when the Philippines is at war.
At the time of XPN: He begins to
naturalization
reside permanently in 4. Rendering service to or accepting
the Phil. commission in the armed forces of a
After parents’naturalization foreign country; or
Considered Filipino,
provided registered as such before any Phil. Note: It shall not divest a Filipino of his
consulate within 1 year after attaining majority age citizenship if: (a) the Philippines has a
and takes oath of allegiance. defensive and/or offensive pact of alliance
with the said foreign country; (b) the said
Q: What are the grounds for denaturalization? foreign country maintains armed forces in
the Philippine territory with its consent
A: provided that at the time of rendering said
1. Naturalization certificate obtained service, or acceptance of said commission,
fraudulently or illegally and taking the oath of allegiance incident
2. If, within 5 years, he returns to his thereto, states that he does so only in
connection with its service to said foreign
native country or to some foreign
country.
country and establishes residence
therein
5. Cancellation of certificate of
3. Naturalization obtained through invalid
naturalization; or
declaration of intention
4. Minor children failed to graduate 6. Having been declared by final judgment
through the fault of parents either by
a deserter of the armed forces of the
neglecting support or by transferring
Philippines in times of war.
them to another school
5. Allowing himself to be used as a
7. In case of a woman, upon her marriage,
dummy.
to a foreigner if, by virtue of the laws in
force in her husband’s country, she
Q: What are the effectsof denaturalization?
acquires his nationality.
A:
Q: How is citizenshiprenounced?
1. If ground affects intrinsic validity of
proceedings, denaturalization shall
A: Expressly. (Mercado v. Manzano, G.R. No.
divest wife and children of their
135083, May 26, 1999)
derivative naturalization
2. If the ground is personal, the wife and
Q: Does res judicata set in citizenshipcases?
children shall retain citizenship.
A:
Q: What are the grounds for loss of Philippine
GR: No.
citizenship?
XPN:
A: 1. Person’s citizenship is resolved by a court
1. Naturalization in a foreign country; or
or an administrative body as a material
issue in the controversy, after a full‐blown
2. Express renunciation of citizenship
hearing
(expatriation); or

115
2. With the active participation of the 1. Natural‐born citizens of the Philippines

Solicitor General or his representative; who have lost their naturalization as
and citizens of a foreign country are
deemed to have re‐acquired Philippine
3. Finding of his citizenship is affirmed by the citizenship; and
Supreme Court. (Burca v. Republic G.R. No.
L‐24252, Jan. 30, 1967) 2. Natural‐born citizens of the Philippines
who, after the effectivity of said RA,
Q: What are the ways to reacquire citizenship? become citizens of a foreign country
shall retain their Philippine citizenship.
A: By:
1. Naturalization Q: Distinguish dual citizenship from dual
2. Repatriation allegiance.
3. Direct act of Congress
A:
Q: Distinguishnaturalizationfrom repatriation. Dual Citizenship Dual Allegiance
Arises when, as a result of Refers to the situation
Naturalization Repatriation concurrent application of where a person
Nature the different laws of two simultaneously owes,
A mode of acquisition or more States, a person is by some positive act,
Mode of reacquisition of simultaneously considered loyalty to two or more
and reacquisition of
Philippine Citizenship a citizen of said states. States.
Philippine citizenship
Result of an
As to process
individual’s volition
Very cumbersome and Involuntary
Simpler process and is prohibited by
tedious the Constitution.
Q: How is repatriationeffected? Q: What is the effect of re‐acquisition of

citizenshipon civil and political rights?
A: Repatriation shall be effected by taking the
necessary oath of allegiance to the Republic of A: Those who retain or re‐acquire Philippine
the Philippines and registration in the proper civil citizenship shall enjoy full civil and political rights
registry and in the Bureau of Immigration. The subject to the following conditions:
Bureau of Immigration shall thereupon cancel the

pertinent alien certificate of registration and issue 1. Right to vote: must meet the
the certificate of identification as Filipino citizen requirements of Section 1, Article V of
to the repatriated citizen. the Constitution, and of Republic Act
No. 9189 (The Overseas Absentee
Q: What is the effect of repatriation? Voting Act of 2003) and other existing
laws;
A: Repatriation results in the recovery of the
srcinal nationality. This means that a naturalized 2. Elective Public Office:
Filipino who lost his citizenship will be restored to i. Possess qualification for holding
his prior status as a naturalized Filipino citizen. On such public office as required by
the other hand, if he was srcinally a natural‐born the Constitution and existing laws
citizen before he lost his Philippine citizenship, he
will be restored to his former status as a natural‐ ii. Make a personal and sworn
born Filipino. (Bengzon v. HRET and Cruz, G.R. No. renunciation of any and all foreign
142840, May 7, 2001) citizenship before any public
officer authorized to administer an
Q: What is an example of reacquisition of oath, at the time of the filing of the
citizenshipby the direct act of congress? certificate of candidacy.
‐
A: R.A. 9225
Retention and also known as the
Re‐acquisition Act “Citizenship
of 2003,” iii. Appointive
and Public
swear to Office
an oath subscribe
of allegiance
approved on August 29, 2003 provides that, upon to the Republic of the Philippines
taking the oath of allegiance to the Republic: and its duly constituted authorities
prior to their assumption of
POLITICALLAW TEAM:
VILLAMOR.
CITIZENSHIP
office: Provided, That they Philippines, but also to explicitly renounce their
renounce their oath of allegiance foreign citizenship if they wish to run for elective
to the country where they took posts in the Philippines. To qualify as a candidate
that oath; in Philippine elections, Filipinos must only have
one citizenship, namely, Philippine citizenship.
Note: That right to vote or be elected or
appointed to any public office in the The oath of allegiance contained in the Certificate
Philippines cannot be exercised by, or of Candidacy, does not constitute the personal
extended to, those who: and sworn renunciation sought under Section 5(2)
a. are candidates for or are of R.A. No. 9225. It bears to emphasize that the
occupying any public office in the said oath of allegiance is a general requirement
country of which they are
for all those who wish to run as candidates in
naturalized citizens; and/or
Philippine elections; while the renunciation of
b. are in active service as
commissioned or non‐ foreign citizenship is an additional requisite only
for those who have retained or reacquired
commissioned officers in the
armed forces of the country which Philippine citizenship under R.A. No. 9225 and
they are naturalized citizens.(R.A. who seek elective public posts, considering their
9225) special circumstance of having more than one
citizenship. (Jacot v. Dal, G.R. No. 179848, Nov.27,
iv. Practice of profession: apply with the 2008)
proper authority for a license or
permit to engage in such practice Q: “A” is a naturalizedcitizen of another country
(R.A. 9225). who reacquiresFilipino citizenship.On the other
hand, “B” possesses dual citizenshipby birth. If
Q: Are persons possessing dual citizenship by they desire to run for electivepublic office, what
virtue of birth barred from running for public requirementmust they comply as regards their
office? citizenship?
A: No, the fact that a person has dual citizenship A: A must comply with the requirements set in
does not disqualify him from running for public R.A 9225. Sec 5(3) of R.A. 9225 states that
office. (Cordora v. COMELEC, G.R. No. 176947, naturalized citizens who reacquire Filipino
Feb. 19, 2009) citizenship and desire to run for public office shall
“…make a personal and sworn renunciation of
Q: A, a his
reacquire naturalized
PhilippineUS citizen, He
citizenship. sought to
took his any and all foreign citizenship before any public
officer authorized to administer an oath” aside
oath of allegiance to the Republic of the from the oath of allegiance prescribed in Section
Philippinesbefore the Vice Consul. He then ran 3 of R.A. 9225.
and won as Vice Mayor of a municipality.The
COMELEC, however, disqualified him on the B need not comply with the twin requirements of
ground that he failed to renounce his US swearing an oath of allegiance and executing a
citizenship. renunciation of foreign citizenship because he is a
natural‐born Filipino who did not subsequently
Is A disqualifiedfrom running as a candidate in become a naturalized citizen of another country.
the local elections for his failure to make a It is sufficed, if upon the filing of his certificate of
personal and sworn renunciation of his US candidacy, he elects Philippine citizenship to
citizenship? terminate his status as person with dual
citizenship considering that his condition in the
A: Yes. Section 5(2) of R.A. 9225 (on the making unavoidable consequence of conflicting laws of
of a personal and sworn renunciation of any and different States. (Cordora v. COMELEC, G.R. No.
all foreign citizenship) requires the Filipinos 176947, Feb. 19, 2009)
availing themselves of the benefits under the said
Act to accomplish an undertaking other than that
which they have presumably complied with under
Section 3 thereof (oath of allegiance to the
Republic of the Philippines). There is little doubt,
therefore, that the intent of the legislators was
not only for Filipinos reacquiring or retaining their
Philippine citizenship under R.A. 9225 to take
their oath of allegiance to the Republic of the

117

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THE CONSTITUTION

POLITICALLAW accordance with the intent of the

Q: How is the PhilippineConstitutionclassified? A:

2. Ratio legis et anima – where there is Presented a political

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

Q: Is the People Power recognized in the AMENDMENTAND REVISION

2. Constitution of Liberty – the series of A:

Note: The Constitution may be

Revisions cannot be done through

may file a petition with the Regional Assembly or

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

LOCAL IN IT IA T IV E LOC A LREFERENDUM

Q: What is referendum? Q: What constitutionalprovisions are considered

B. GENERALCONSIDERATIONS Q: What is the ArchipelagicDoctrine and where

A: Q: What does the Archipelagic Doctrine

Q: What are the purposes of the Archipelagic

A: It is a state constituted wholly by one or more

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

Q: Do you consider the Spratlys group of Islands A: Yes, expressly or impliedly.

A: 2. The public official is clearly being sued

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

A: No. Irrigation is a proprietary function. Besides, GOVERNMENT SUABILITY

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

Q: What do you understand by Constitutional women by providing safe and healthful

technical manpower and skilled workers concern?

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

be preserved and be open to the public in Q: How is civilian supremacy ensured?

institution or government orphanage or A: Those which are:

Q: What theory is appliedin the Philippines?

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

essentially means that legislation belongs to

A: It allows one department to resist

public official rests solely in the executive

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

5. Delegation to Local Governments – It is

Note: Congress can only delegate, usually

Note: SUFFICIENT STANDARD – maps 2. The government or cabinet consisting of the

3. The government or cabinet has a pyramidal

Q: Does the Bases Conversion Development

A: While public benefit and public welfare,

not a mere agency of the Government but a

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

C. LEGISLATIVEDEPARTMENT citizen of the Phils. the Phils.

Q: Discuss the disqualifications of members of

A: 3. One who has been 3. One who has been

penalty of not more penalty of not more A:

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

representative 2. Each legislative district shall comprise

A: A: The underlying principle behind the rule for

Q: Discussthe Party‐List System.

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

No. 190582, Apr. 8, 5. Except for matters the COMELEC can

groups for the

A: It is the party‐list representatives who are Q: Does the ConstitutionprecludeCongressfrom

Q: What is the effect of change of affiliationany

the list of nominees

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

Q: Is Congress considered in session during a

A: No. It is not in session. During a recess, a

Congressional body for any debate or speech in premises of with

Q: What are the prohibitions attached to a

ACADEMICSCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

Note: With this, even if the member of the