ATENEO CENTRAL years system of checks-

BAR OPERATIONS 2018 and-balances

0 How to determine whether change is an

THE PHILIPPINE Amendment or a Revision:
Two-Part Test in Lambino v. COMELEC, GR No.
CONSTITUTION 174153, Oct. 25, 2006:
• First: Quantitative test – Whether the change
࿿࿿࿿ß쨈忶࿿࿿࿿࿿࿿࿿࿿࿿࿿àጲ㌋ ࿿࿿࿿࿿࿿࿿࿿࿿࿿ is so extensive as to change the “substance
á⺦⻳ ࿿࿿࿿࿿࿿࿿࿿࿿࿿â橔㉶࿿࿿࿿࿿࿿࿿࿿࿿࿿ entirety” by the number of provisions
ãᥖ⋗ ࿿࿿࿿࿿࿿࿿࿿࿿࿿ ä☺䳁 ࿿࿿࿿࿿࿿࿿࿿࿿࿿ affected without considering the degree of
åࢻ ࿿࿿࿿࿿࿿࿿࿿࿿࿿æ獥 ࿿࿿࿿࿿࿿࿿࿿࿿࿿ change
• Second: Qualitative Test – Whether the
ç䳰㝒 ࿿࿿࿿࿿࿿࿿࿿࿿࿿è㌮烌࿿࿿࿿࿿࿿࿿࿿࿿࿿
change will affect the nature of the basic
é确噡 ࿿࿿࿿࿿࿿࿿࿿࿿࿿êꈠ 㫶 ࿿࿿࿿࿿࿿࿿࿿࿿࿿ governmental plan
ë꤂㱞 ࿿࿿࿿࿿࿿࿿࿿࿿࿿ì杈╮ ࿿࿿࿿࿿࿿࿿࿿࿿࿿
íꖀ࿿࿿࿿࿿࿿࿿࿿࿿࿿࿿ î䋢࿿࿿࿿࿿࿿࿿࿿࿿࿿ï 0 Steps in the Amendatory Process:
‫ﺠ‬䧑212ñ拸 ࿿࿿࿿࿿࿿࿿࿿࿿࿿࿿ò샢忭࿿࿿࿿࿿࿿࿿࿿࿿࿿ I. PROPOSAL
ó뱆㵵࿿࿿࿿࿿࿿࿿࿿࿿࿿ô CONSTITUTI 0 Congressional Assembly (ConAss) - by
a vote of ¾ of ALL its members (3/4
ON: DEFINITION, NATURE
Senate and 3/4 HOR) (PHIL. CONST. art.
AND CONCEPTS XVII, §2)
࿿࿿࿿ß쨈忶࿿࿿࿿࿿࿿࿿࿿࿿࿿àጲ㌋ ࿿࿿࿿࿿࿿࿿࿿࿿࿿á
⺦⻳ ࿿࿿࿿࿿࿿࿿࿿࿿࿿â橔㉶࿿࿿࿿࿿࿿࿿࿿࿿࿿ãᥖ⋗࿿࿿࿿࿿࿿࿿࿿࿿࿿
ä☺䳁 ࿿࿿࿿࿿࿿࿿࿿࿿࿿åࢻ ࿿࿿࿿࿿࿿࿿࿿࿿࿿æ獥
࿿࿿࿿࿿࿿࿿࿿࿿࿿ç䳰㝒 ࿿࿿࿿࿿࿿࿿࿿࿿࿿è㌮烌࿿࿿࿿࿿࿿࿿࿿࿿࿿
é确噡 ࿿࿿࿿࿿࿿࿿࿿࿿࿿êꈠ 㫶 ࿿࿿࿿࿿࿿࿿࿿࿿࿿ë꤂㱞 ࿿࿿࿿࿿࿿࿿࿿࿿࿿
ì杈╮ ࿿࿿࿿࿿࿿࿿࿿࿿࿿íꖀ࿿࿿࿿࿿࿿࿿࿿࿿࿿࿿ î䋢࿿࿿࿿࿿࿿࿿࿿࿿࿿
ï‫ﺠ‬䧑213ñ拸 ࿿࿿࿿࿿࿿࿿࿿࿿࿿࿿ò샢忭࿿࿿࿿࿿࿿࿿࿿࿿࿿
ó뱆㵵࿿࿿࿿࿿࿿࿿࿿࿿࿿ô PARTS
࿿࿿࿿ß쨈忶࿿࿿࿿࿿࿿࿿࿿࿿࿿àጲ㌋ ࿿࿿࿿࿿࿿࿿࿿࿿࿿á
⺦⻳ ࿿࿿࿿࿿࿿࿿࿿࿿࿿â橔㉶࿿࿿࿿࿿࿿࿿࿿࿿࿿ãᥖ⋗࿿࿿࿿࿿࿿࿿࿿࿿࿿
ä☺䳁 ࿿࿿࿿࿿࿿࿿࿿࿿࿿åࢻ ࿿࿿࿿࿿࿿࿿࿿࿿࿿æ獥
࿿࿿࿿࿿࿿࿿࿿࿿࿿ç䳰㝒 ࿿࿿࿿࿿࿿࿿࿿࿿࿿è㌮烌࿿࿿࿿࿿࿿࿿࿿࿿࿿
é确噡 ࿿࿿࿿࿿࿿࿿࿿࿿࿿êꈠ 㫶 ࿿࿿࿿࿿࿿࿿࿿࿿࿿ë꤂㱞 ࿿࿿࿿࿿࿿࿿࿿࿿࿿
ì杈╮ ࿿࿿࿿࿿࿿࿿࿿࿿࿿íꖀ࿿࿿࿿࿿࿿࿿࿿࿿࿿࿿ î䋢࿿࿿࿿࿿࿿࿿࿿࿿࿿
ï‫ﺠ‬䧑214ñ拸 ࿿࿿࿿࿿࿿࿿࿿࿿࿿࿿ò샢忭࿿࿿࿿࿿࿿࿿࿿࿿࿿
ó뱆㵵࿿࿿࿿࿿࿿࿿࿿࿿࿿ô AMENDMENTS AND
REVISIONS
Q: Differentiate Amendments from
Revisions:
Amendment Revision
Change in the Constitution
Purpose is to Purpose is to
improve specific
examine entirety
parts
Affects only the Affects several
specific provision
provisions
amended

Adds, reduces, Affects

basic principles
deletes WITHOUT
Affects
altering basic
substantial
principle
entirety
Ex: shift from
Ex: extending the presidential to
term limit of parliamentary
members of House system; altering
of Representatives; the principle of
reduction of voting separation of
age from 18 to 15 powers or the

POLITICAL LAW
0 Constitutional Convention
(ConCon) How called:
0 Congress may call a ConCon by a
2/3 vote of all its members
1 By a majority vote of all its
members, Congress may submit to
the electorate the question of
whether to call a ConCon or not
(PHIL. CONST. art. XVII, §3)
1 People’s Initiative
Requirements:
0 Petition must be signed be at least
12% of ALL REGISTERED
VOTERS.
1 Every legislative district represented
by at least 3% of the registered
voters therein.
Limitations:
23 No amendment in this manner
within 5yrs from ratification of 1987
Constitution;
24 No amendment in this manner more
often than once every 5yrs
thereafter.
POLITICAL LAW PRE-WEEK REVIEWER
25 Applies only to Amendments, NOT
revisions. (PHIL. CONST. art. XVII,
§2)
II.RATIFICATION
Proposed amendment becomes part of the
Constitution when ratified by a MAJORITY of
votes cast in a plebiscite held not earlier than 60
days nor later than 90days AFTER approval of
the proposal by Congress, or the Constitutional
Convention, or after certification by COMELEC
of the sufficiency of the petition under Sec.2, Art.
XVII. (PHIL. CONST. art. XVII, §4)
23 SELF-EXECUTING AND NON-SELF
EXECUTING PROVISIONS
24 GENERAL PROVISIONS
23 Are Constitutional provisions self-
executory?
GR: Self-Executory – Complete in itself;
operative without the aid of supplementary or
enabling legislation; supplies a sufficient rule by
means of which the right is grants may be
enjoyed or protected.
XPN: Those that only lay down general
principles such as Art. II; do not bestow rights;
do not elevate privileges to the level of
enforceable rights but merely specify guidelines
for Legislative and Executive action.
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passage shall be through sea lanes as may

EXCEPTION TO EXCEPTION: be designated for the purpose by the
23 Article II Sec. 16 on the right to a archipelagic State. (Magallona citing Art. 49,
balanced and healthful ecology is UNCLOS III).
self-executing (Oposa v. Factoran, G.R. Q: What is the extent of our maritime zones?
No. 101083, July 30, 1993).
24 Article II, Sec. 15 on the right to health Territorial 12 nautical Absolute
is also self-executing (Imbong v. Ochoa,
miles from
G.R. No. 204819, 2014). Sea sovereignty
baselines
25 Right to full public disclosure of all the
State’s transactions involving public Enforcement
interest. (Province of North Cotabato v. of customs,
GRP, G.R. No. 204819, 2014) Contiguous 24 nautical fiscal,
miles from immigration,
zone
GENERAL baselines and
sanitation
CONSIDERATIONS laws
Exclusive 200 nautical Exploitation
A. NATIONAL TERRITORY of living and
1. ARCHIPELAGIC DOCTRINE Economic miles from non-living
Zone baselines resources
Q: What is the archipelagic doctrine? Sovereign
It is a doctrine of national territory articulated in rights of
the second sentence of Sec.1, Art. I, which Submerged exploration
provides: “The waters around, between, and and
connecting the islands of the archipelago, Continental prolongation exploitation
regardless of their breadth and dimensions, Shelf of the land of living and
forms part of the internal waters of the territory non-living
Philippines.” resources of
the seabed
It is based on the principle that an archipelago,
which consists of a number of islands separated 23 What is the treatment of the Baselines
by bodies of water, should be treated as one Law (RA 9522) to the Kalayaan Group of
integral unit. (Magallona v. Ermita, G.R. No. Islands?
187167, 2011)
The Kalayaan Island Group (KIG), also known
23 What are the 3 basic principles of as the Spratlys, as constituted under
Presidential Decree No. 1596 and the Bajo de
archipelagic States?
Masinloc, also known as Scarborough Shoal
23 An archipelagic State may draw straight
were NOT included in the islands enclosed by
baselines connecting the outermost points of
the Philippine archipelagic baselines, and are
the outermost islands and drying reefs of the
instead treated as "regime of islands."
archipelago from which the extent of the
territorial sea of the archipelagic state is, or “Had Congress in RA 9522 enclosed the KIG
may be determined. and the Scarborough Shoal as part of the
24 The waters within the baselines, regardless Philippine archipelago, adverse legal effects
of their depth or distance from the coast, the would have ensued. The Philippines would have
seabed and the subsoil, and the superjacent committed a breach of two provisions of
airspace, as well as all their resources, UNCLOS III. First, Article 47 (3) of UNCLOS III
belong to, and are subject to the sovereignty requires that ‘[t]he drawing of such baselines
of the archipelagic State. shall not depart to any appreciable extent from
25 Innocent passage of foreign vessels the general configuration of the archipelago.’
through the waters of the archipelagic State Second, Article 47 (2) of UNCLOS III requires
shall be allowed in accordance with its that ‘the length of the baselines shall not exceed
national legislation, having regard to the 100 nautical miles,’ save for three per cent (3%)
existing rules of international law. Such of the total number of baselines which can reach

POLITICAL LAW PRE-WEEK REVIEWER 2

ATENEO CENTRAL
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up to 125 nautical miles. (Magallona v.
Executive Secretary, G.R No. 187167, July 16,
2011).
23 What is the basis of the Philippine’s claim
to the KIG (also known as the Spratly
Islands) and Scarborough Shoal?
It is based on Art. 1 of the 1987 Constitution,
which states that the national territory includes
“all other territories over which the Philippines
has sovereignty or jurisdiction.”
23 Is the use of the framework of Regime of
Islands in RA9522 to Determine the Maritime
Zones of the KIG and the Scarborough Shoal
inconsistent with the Philippines’ claim of
sovereignty over these areas?
No. Far from surrendering the Philippines’ claim
over the KIG and the Scarborough Shoal,
Congress’ decision to classify the KIG and the
Scarborough Shoal as “Regime of Islands”
under the Republic of the Philippines is
consistent with Art. 121 of UNCLOS III and
manifests the Philippine State’s responsible
observance of its pacta sunt servanda obligation
under UNCLOS III. Under this article, any
“naturally formed area of land, surrounded by
water, which is above water at high tide”, such
as the KIG, qualifies under the category of
“regime of islands” whose lands generate their
own applicable maritime zones (Magallona v.
Ermita, G.R. No. 187167, July 16, 2011).
23 Does the Baselines Law abandon the
Philippines’ claim over Sabah under
RA5446?
No. The definition of the baselines of the
territorial sea of the Phil. Archipelago … is
without prejudice to the delineation of the
baselines of the territorial sea around the
territory of Sabah, situated in North Borneo, over
which the Philippines has acquired dominion
and sovereignty (Sec. 2 of RA556). (Magallona
v. Ermita, G.R. No. 187167, July 16, 2011).
23 What is the treatment of the Scarborough
Shoal following the South China Sea
Arbitration?
As a high tide entity, Scarborough Shoal is
entitled to its own territorial sea of 12 nautical
miles. The waters surrounding Scarborough
Shoal do not form part of the exclusive
economic zone of the Philippines. (The South
China Sea Arbitration, 2013-19, July 12, 2016)
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
23 Who has historical fishing rights in
Scarborough Shoal?
Fishermen of Philippines, China, and other
countries have long fished at Scarborough Shoal
and have traditional fishing rights within the
area. By preventing Philippine fishermen from
accessing the shoal, China violated its duty to
respect the traditional fishing rights of these
Filipino fishermen. (The South China Sea
Arbitration, 2013-19, July 12, 2016)
23 Who has the exclusive right to construct
artificial islands or structures on low-tide
elevations (LTEs)?
A coastal state wherein an LTE is found within its
EEZ has the exclusive right to construct artificial
islands or structures on the said LTE. Only the
Philippines has the exclusive right to construct
artificial islands or structures in Ayungin Shoal –
an LTE within the Philippines EEZ. (In the Matter
of the South China Sea Arbitration, PCA Case
No. 2013-19, 2016)
23 What are the elements of a “rock” under
Art. 121(3) of the UNCLOS?
“rock” Includes both features that are
composed of solid rock and
those that are rock-like in nature.
“cannot” This pertains to capacity or
capability and not to actual use.
Thus, the fact that a feature is
currently not inhabited or has no
economic life does not prove that
it is uninhabitable or cannot
sustain economic life.
“sustain” In connection with sustaining
human habitation, to “sustain”
means to provide that which is
necessary to keep humans alive
and healthy over a continuous
period of time, according to a
proper standard.
In connection with an economic
life, to “sustain” means to provide
that which is necessary not just
to commence, but also to
continue, an activity over a
period of time in a way that
remains viable on an ongoing
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ATENEO CENTRAL
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basis.
“human The term habitation implies a
habitation” non-transient presence
persons who have chosen to stay
and reside on the feature in a
settled manner. However, while
no precise number of persons is
specified in the Article, habitation
of a sole individual would not
typically fall within the ordinary
understanding of human
habitation.
“or” A feature that is able to sustain
either human habitation or an
economic life of its own will be
entitled to an exclusive economic
zone and continental shelf.
“economic A feature itself (or group of
life of their related features) must have the
own” ability to support an independent
economic life, without relying
predominantly on the infusion of
outside resources.
(In the Matter of the South China Sea
Arbitration, PCA Case No. 2013-19, 2016)
B. STATE IMMUNITY
23 Does consent to be sued include consent
to be bound by the judgment or decision?
No. Consent to be sued does not include
consent to the execution of judgment against it.
Such execution will require another waiver
because the power of the court ends when
judgment is rendered, since government funds
and properties may not be seized under writs of
execution or garnishment, unless such
disbursements are covered by appropriation as
required by law (Republic v. Villasor, G.R. No. L-
30671, 1973).
23 Is ATO covered by state immunity
from suit?
No. ATO does not enjoy sovereign immunity
because even if it is unincorporated, it is
involved in the management and operation of an
airport which is a proprietary function. While an
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
unincorporated agency is clothed with sovereign
immunity when performing governmental
function, the same privilege is not enjoyed by an
agency performing proprietary function (ATO v.
of David, 2011).
(DEL CASTILLO) Q: Is an award of damages
against Department of Health (DOH) be
considered a suit against the state?
Yes. The DOH, being an “unincorporated agency
of the government” can validly invoke the
defense of immunity from suit because it
performs functions of governmental character. It
is also settled that if a complaint seeks to
“impose a charge or financial liability against the
state,” the defense of non-suability may be
properly invoked. (DOH v. Phil Pharmawealth,
G.R. No. 182358, 2013)
23 When a private corporation entered into
exploration and development of natural
resources with the State, will it be covered
by state immunity?
No. It did not become an agent of the State by
virtue of a Service Contract which did not
constitute Shell to represent the State in dealing
with third persons. The contract merely gave rise
to a contractual commitment on the part of Shell
to undertake extraction and exploration but
never to represent the State in its dealings
(Shell Exploration Philippines v. Jalos, G.R. No.
179918, 2010).
23 GENERAL PRINCIPLES AND STATE
POLICIES
Q: What is “Soft Law”?
“Soft law” are non-binding norms, principles and
practices that influence state behavior such as
certain declarations and resolutions of the UN
General Assembly like the UN Declaration of
Human Rights (UDHR) (Pharmaceutical and
Health Care Association of the Philippines v.
Duque III, G.R. No. 173034, 2007).
23 Does “soft law” form part of the law of the
land by the doctrine of incorporation?
It depends. For an international rule to be
considered as customary law, it must be
established that such rule is being followed by
states because they consider it obligatory to
comply with such rules (opinio juris). Unless it
can be shown that this soft law has been
enforced, practiced and considered as binding
by states, soft law cannot be deemed to form
part of the law of the land. (Pharmaceutical and
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ATENEO CENTRAL
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Health Care Association of the Philippines v.
Duque III).
Q: Can the BIR impose additional
requirements for obtaining a refund that is
based on an international agreement?
No. The Constitution provides for adherence to
the general principles of international law as part
of the law of the land. Obligations under a treaty
must be complied with in good faith. The BIR
must not impose additional requirements that
will negate the availment of the reliefs paid for
under international agreement (Deutsche Bank
v. CIR, G.R. No. 188550, August 19, 2013).
0 How is standing treated in actions for
violations of environmental laws?
The enactment of the Rules of Procedure for
Environmental Cases enabled litigants enforcing
environmental rights to file their cases as citizen
suits. It liberalized standing for all cases filed
enforcing environmental laws and collapses the
traditional rule on personal and direct interest,
based on the principle that humans are stewards
of nature. (Resident Marine Mammals v. Reyes,
G.R. No. 180771, 2015).
Q: Do animals have standing?
No. The need to give the Resident Marine
Mammals legal standing has been eliminated by
our Rules, which allow any Filipino citizen, as a
steward of nature, to bring a suit to enforce our
environmental laws. It is worth noting here that
the Stewards are joined as real parties in the
Petition and not just in representation of the
named cetacean species. The Stewards having
shown in their petition that there may be
possible violations of laws concerning the
habitat of the Resident Marine Mammals, are
therefore declared to possess the legal standing
to file this petition. (Resident Marine Mammals v.
Reyes, G.R. No. 180771, 2015).
0What are the requisites for a party to avail
of the writ of kalikasan?
0 There is an actual or threatened violation of
the constitutional right to a balanced and
healthful ecology;
1 The actual or threatened violation arises
from an unlawful act or omission of a public
official or employee, or private individual or
entity; and
2 The actual or threatened violation involves
or will lead to an environmental damage of
such magnitude as to prejudice the life,
health or property of inhabitants in two or
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
more cities or provinces (LNL Archipelago,
2016)
5888 SEPARATION OF POWERS
5889 CHECKS AND BALANCES
5890 DELEGATION OF POWERS
5891 FORMS OF GOVERNMENT
LEGISLATIVE
DEPARTMENT
A. WHO MAY EXERCISE LEGISLATIVE
POWER
23 CONGRESS
24 REGIONAL/LOCAL LEGISLATIVE
POWER
25 PEOPLE’S INITIATIVE ON STATUTES
(a) Initiative and referendum
26 THE PRESIDENT UNDER A MARTIAL
LAW RULE OR IN A REVOLUTIONARY
GOVERNMENT
B. HOUSES OF CONGRESS
5888 SENATE
5889 HOUSE OF REPRESENTATIVES
0 District representatives and questions of
reapportionment
0 What is the rule on Apportionment of
Legislative Districts?
23 It must be based on uniform and progressive
ratio
24 Each city with at least 250,000 inhabitants
shall be entitled to at least 1 representative;
and
25 Each province, irrespective of number of
inhabitants, shall be entitled to at least 1
representative.
26 Each legislative district shall comprise, as
far as practicable, contiguous, compact, and
adjacent territory. No gerrymandering.
27 Reapportionment is done by Congress
within 3 years following the return of every
census. (PHIL. CONST. art. VI, §5)
23 Is Congress precluded from increasing its
membership in excess of 250 based on Sec.
5, Art. VI?
No, the Constitution does not preclude Congress
from increasing its membership by passing a law
other than a general apportionment law
(Mariano v. COMELEC, G.R. No. 118577,
1995).
Q: May Congress validly delegate to the
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ARMM Regional Assembly the power to
create Legislative Districts?
No, nothing in Sec. 20, Art. X authorizes
autonomous regions, expressly or impliedly, to
create or reapportion legislative districts. This
power is vested exclusively in Congress.
Accordingly, Sec. 19, Art. VI of R.A. 9054
granting the ARMM Regional Assembly the
power to create provinces and cities, is VOID for
being contrary to Sec. 5, Art. VI, and Sec. 20,
Art. X, as well as Sec.3 of the Ordinance
appended to the Constitution. (Sema v.
COMELEC, G.R. No. 177597, 2008)
23 Is the population requirement of 250,000
an indispensable Constitutional requirement
for the creation of a new legislative district?
Distinction must be made between the
entitlement of a city to a district on one hand,
and the entitlement of a province to a district on
the other. While a province is entitled to at least
1 representative regardless of population, a city
must initially meet a minimum population of
250,000 in order to be similarly entitled. (Aquino
v. COMELEC, G.R. No. 189793, 2010)
23 To be entitled to an additional district,
does a city have to increase its population by
another 250,000?
No, while Sec. 5(3), Art. VI requires a city to
have a minimum population of 250,000 to be
entitled to a representative, it does not have to
increase its population by another 250,000 to be
entitled to an additional district.
23 In case of vacancy in the Senate or the
HOR, is it mandatory to fill up the vacancy?
No, Sec. 9 of Art VI provides, “In case of
vacancy in the Senate or in the House of
Representatives, a special election may be
called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of
the House of Representatives thus elected shall
serve only for the unexpired term (See also
Tolentino v. COMELEC, G.R. No. 187958,
2004).
(b) Party-list system (R.A. No. 7941)
23 Can party lists that garnered less than 2 %
of the total votes casts occupy a seat in the
House?
Yes. The additional seats (those remaining after
allocation of the guaranteed seats to those with
a minimum of 2%), shall be distributed to the
party-list organizations including those that
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
received less than two percent of the total votes.
(Atong Paglaum v. COMELEC, G.R. No.
203766, 2013).
23 How can a party-list join an electoral
contest?
It must undergo the process of (1) registration
and (2) accreditation. Registration bestows
juridical personality; Accreditation relates to the
privileged participation that our election law
grant to qualified registered parties. Registration
precedes accreditation (Magdalo v. COMELEC,
G.R. 190793, 2012).
23 Who may participate in party-list
elections?
23 Three different groups may participate in the
party-list system: (1) national parties or
organizations, (2) regional parties or
organizations, and (3) sectoral parties or
organization
24 National parties or organizations and
regional parties or organizations do not need
to organize along sectoral lines and do not
need to represent any “marginalized and
underrepresented” sector.
25 Political parties can participate in party-list
elections provided they register under the
party-list system and do not field candidates
in legislative district elections. A political
party, whether majority or not, that fields
candidates in legislative district elections
can participate in party-list elections only
through its sectoral wing that can separately
register under the party-list system. The
sectoral wing is by itself an independent
sectoral party, and is linked to a political
party through a coalition.
26 Sectoral parties or organizations may either
be “marginalized and underrepresented” or
lacking in well-defined political
constituencies.” It is enough that their
principal advocacy pertains to the special
interest and concerns of their sector. The
sectors that are “marginalized and
underrepresented” include labor, peasant,
fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and
overseas workers. The sectors that lack
“well-defined political constituencies” include
professionals, the elderly, women, and the
youth.
6
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e. A majority of the members of sectoral parties 23 Can a Congressman be preventively

or organizations that represent the suspended by the Sandiganbayan for
“marginalized and underrepresented” must violation of Anti-Graft Law notwithstanding
belong to the “marginalized and the exclusive power of Congress to
underrepresented” sector they represent. discipline its member?
Similarly, a majority of the members of Yes. The suspension contemplated in Article VI,
sectoral parties or organizations that lack Section 16(3) of the Constitution is a punishment
“well-defined political constituencies” must that is imposed by the Senate or House of
belong to the sector they represent. The Representatives upon an erring member. It is
nominees of sectoral parties or distinct from the suspension under Section 13 of
organizations that represent the the Anti-Graft and Corrupt Practices Act, which
“marginalized and underrepresented,” or is not a penalty but a preventive measure. Since
that represents those who lack “well- defined Section 13 of the Anti-Graft and Corruption
political constituencies,” either must belong Practices Act does not state that the public
to their respective sectors, or must have a officer must be suspended only in the office
track record of advocacy for their respective where he is alleged to have committed the acts
sectors. The nominees of national and which he has been charged, it applies to any
regional parties or organizations must be office which he may be holding. (Santiago v.
bona-fide members of such parties or Sandiganbayan, G.R. No. 128055, 2001)
organizations.
Q: Compare and contrast the
23 National, regional, and sectoral parties or disqualifications from holding incompatible
organizations shall not be disqualified if offices in the Constitution:
some of their nominees are disqualified,
provided that they have at least one Congress President's AFP
(Senate official in active
nominee who remains qualified (Atong & HOR) family service
Paglaum, supra). Basis Sec. 13, Sec. 13, Sec. 5(4),
Art. VI Art. VII Art. XVI
23 Are sectoral parties required to adduce No other Gov’t, its Private Civilian
evidence showing their track record that they office or subdivision, corp. / position in
employ agency, gov’t; no government,
have undertaken to further the cause of the ment in: instrumentalit practice of GOCCs, or
sector they represent? y, GOCC profession; intrumentaliti
No. It is sufficient that their ideals are geared no business es
towards the cause of the sector they represent interest or
transaction
(Abang-Lingkod v. COMELEC, G.R. No. w/ gov't.
206952, 2013). During Term Tenure Tenure

23 LEGISLATIVE PRIVILEGES,

INHIBITIONS AND
DISQUALIFICATIONS
23 Is preventive suspension considered
“interruption” of a term under Sec. 8, Art. X
and Sec. 43(b) of R.A. 7160?
No, a preventive suspension cannot simply be
considered an interruption because the
suspended official’s continues to stay in office
although barred from exercising the functions
and prerogatives of the office within the
suspension period. The best indicator of the
suspended official’s continuity in office is the
absence of a permanent replacement and the
lack of the authority to appoint one since no
vacancy exists (Aldovino v. COMELEC, G.R.
No. 184836, 2009).

POLITICAL LAW PRE-WEEK REVIEWER 7

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Financial Cannot be They shall N/A House of Representatives

Interest financially not be
interested directly or Affirm/Override 1/3 of All Sec. 3(3), Art.
directly or indirectly, Resolution to XI
indirectly in practice any Impeach
any contract, other
franchise, or profession, Common to Both
special participate Discipline 2/3 of All Sec. 16(3)
privilege in any
granted by business, or
Members
the be Election of Majority of All Sec. 16(1)
Government, financially Officers
or any interested Declare the 2/3 of Both Sec. 23
subdivision, in any
agency or contract Existence of a Houses,
instrumentalit with, or in State of War voting
y thereof, any separately
including any franchise, Override 2/3 of All in Sec. 27(1)
GOCC or its or special
subsidiary. privilege President's the House of
(PHIL. granted by Veto Origin
CONST. art. the Quorum to do Majority w/in Sec. 16(2);
VI, §14) Governmen
t or any
business Compulsive Avelino v.
subdivision, Power of the Cuenco
agency, or House
instrumenta Tax Exemption Majority of All Sec. 28(4)
lity thereof,
including Confirmation of Majority of Sec. 9, Art.
government new VP Both Houses, VII
-owned or nominated by voting
controlled
corporation President separately
s or their Determination 2/3 of Both Sec. 11, Art.
subsidiaries that Pres. Houses, VII
. (PHIL. Unable to voting
CONST. art.
VII, §13) discharge separately
powers
& duties
D. QUORUM AND VOTING MAJORITIES
To break a tie Majority of Sec. 4, Art.
in presidential All, voting VII
23 What is the basis for determining the
election separately
existence of a quorum in the Senate?
Revocation of Majority of Sec. 18, Art.
The basis in determining the existence of a Proc. Of All, voting VII
quorum in the Senate is the total number of Martial Law/ jointly
Senators who are in the country and within the Suspension of
coercive jurisdiction of the Senate. Those who Priv. of Writ of
are out of the country, can not be contacted, or Habeas
incapacitated will not be included in the total Corpus
number of the Senators for the purpose of
Extension of Majority of Sec. 18, Art.
counting majority or quorum. (Avelino v.
Proc. All, voting VII
Cuenco, G.R. No. L-2821, 1949).
Of jointly
23 What are the voting majorities required in ML/Suspension
of Priv. of WHC
Congress?
To Concur w/ Majority of All Sec. 19, Art.
Nature of Required Basis President in VII
granting
Proceeding Votes
amnesty
Senate
To Concur in a 2/3 of All Sec. 21, Art. 23 DISCIPLINE OF MEMBERS
Treaty VII
Conviction in 2/3 of All Sec. 3(6), Art. 24 ELECTORAL TRIBUNALS AND THE
Impeachment XI COMMISSION ON APPOINTMENTS

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23 NATURE et al., G.R. No. 176951; G.R. No. 177499; G.R.
24 POWERS No. 178056, 2011 and Local Government Code,
Sec. 461).
23 When does the Electoral Tribunal’s
jurisdiction begin? 23 Legislative inquiries and
The HRET may assume jurisdiction only after oversight function
the candidate is considered a member of the
House of Representatives. To be considered a 0 Differentiate legislative inquiries under
member, there must be: Sec. 21 and 22 of Art VI:
0 Valid proclamation; Question Hour Inquiry in Aid of
1 A proper oath; and Legislation
2 Assumption of the functions of the office
Sec. 22, Art. VI Sec. 21, Art. VI
as a member of the House (Reyes v.
Comelec, G.R. No. 207264, 2013). Purpose is to elicit
Oversight Function information that may
23 What is the minimum required number of be used for legislation
elected senators belonging to the same Exceptions as to Exceptions as to
persons include:
political party in order for the party to qualify persons include:
“All heads of
for a seat in the CA? (1) President
departments of the
A political party must have at least 2 elected (2) Supreme Court
Executive Branch of
senators for every seat in the CA. (Guingona v. Justices
the government shall
(3) Members of the
Gonzales, G.R. No. 106971, 1993). secure the consent
AFP if prevented by
of the President prior
the President as the
23 Is it mandatory to elect 12 senators and 12 to appearing before
Commander-In-Chief
members of the HOR to the CA? either House of
(Gudani v. Senga,
No, the Constitution does not contemplate that Congress.”
2006)
(Section1, EO 464)
the CA must necessarily include 12 senators
Exception as to information:
and 12 members of the HOR. What it requires is 0 Executive privilege which must be invoked
that there be at least a majority of the entire by the President himself or through the
membership. (Guingona v. Gonzales, supra). Executive Secretary by authority of the
President (Senate v. Ermita, 2006)
23 Is the rule on proportional representation 0Privileged information, e.g., national
in Sec. 18, Art. VI mandatory? defense, diplomatic, military secrets.
Yes, it is mandatory and does not leave any 0 Right against self-incrimination
room for discretion to the majority party in the Discretionary Mandatory
House to disobey or disregard the rule on
proportional representation. Otherwise, the party 0 Does the sub judice rule apply in inquiries
with the majority representation can by sheer in aid of legislation?
force of number impose its will on the hapless No. The sub judice rule does not apply in
minority. Sec. 18 is in effect, a check on the inquiries in aid of legislation. The Senate Rules
majority party. (Guingona v. Gonzales, supra). of Procedure Governing Inquiries in Aid of
Legislation provide that the filing or pendency of
23 POWERS OF CONGRESS any prosecution of criminal or administrative
1. LEGISLATIVE action should not stop or abate any inquiry to
carry out a legislative purpose. Hence, no
23 May Congress provide the criteria individual can escape the power of the Senate to
necessary for the creation of a city, including investigate, even if he or she has a pending
the conversion of a municipality into a city in administrative or criminal case. (Sabio v.
another law? Gordon, G.R. No. 174340, 2006).
No, the constitution requires the Congress to
stipulate in the Local Government Code all the (b) Bicameral conference committee
criteria necessary for such. Income is changed
from 20 to 100 million and meets either of the 0 What is the scope of the Bicameral
following: a) contiguous territory of 2000 square Conference Committee’s powers?
kilometers; b) population not less than 250,000. The Bicameral Conference Committee may:
(League of Cities of the Phil. et al. v. COMELEC, 1. Adopt the Bill entirely; or

POLITICAL LAW PRE-WEEK REVIEWER 9

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0 Amend; or
1 Revise; or
2 Reconcile the House Bill and the Senate
Bills;
3 Propose entirely new provisions not found in
either the House Bill or the Senate Bill.
(Amendments in the nature of a substitute)
LIMITATION:
So long as the amendment is germane to the
subject of the bills before the Committee.
(Tolentino v. Sec. of Finance, supra).
(c) Limitation on legislative power
0 Limitations on revenue, appropriations
and tariff measures
1 Presidential veto and Congressional
override
Ȁ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀ0 What are the limitations to
Congress’ plenary power of legislation?
0 Substantive – Limits the content of
laws a. Express limitations
0 No ex post facto laws
1 No bill of attainder
2 Congress may not increase
appropriations recommended by the
President for the operation of
government as specified in the
budget. (Sec. 25(1), Art.VI).
3 No public money or property shall
be appropriated, applied, paid, or
employed, directly or indirectly for
the use, benefit, or support of any
sect, church, denomination,
sectarian institution, or system of
religious teacher, or dignitary as
such, EXCEPT when such priest,
preacher, minister, or dignitary is
assigned to the:
0 armed forces, or
1 any penal institution, or
2 government orphanage, or
3 government leprosarium (Sec.
29(2), Art. VI).
4 No law increasing the appellate
jurisdiction of the SC without its
advice and concurrence. (Sec. 30,
Art. VI).
5 All revenues and assets of non-
stock, non-profit educational
institutions used actually, directly,
and exclusively for educational
purposes shall be exempt from
taxes ad duties. (Sec. 4(3), Art.
XIV).
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
0 No law granting a title of royalty or
nobility shall be passed. (Sec. 31,
Art. VI).
0.1 Implied
0 Non-delegation of legislative
powers: delegate potestas non
potest delegari.
1 Prohibition against the passage of
irrepealable laws
0 Procedural
0 One-title-one-subject (proscription
against riders)
1 Three readings on separate days
EXCEPT:
5888 When the president certifies to
its immediate enactment to meet a
public calamity or emergency.
(Sec.26, Art. VI).
5889 Calling for a special election
during vacancy in the offices of the
President and Vice-President (Sec.
10, Art VII).
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀ0 NON-LEGISLATIVE
(a) Informing function
(b) Power of impeachment
(c) Other non-legislative powers
0 What are the non-legislative functions of
Congress?
23 To act as national board of canvassers for
President and Vice President. (Art. VII, sec.
4).
24 To decide whether the President is
temporarily disabled in the event he
reassumes his office after the Cabinet, by a
majority of vote of its members, declares
that he is unable to discharge the powers
and duties of his office. (Art. VII, sec. 11).
25 To concur in the grant of amnesty by the
President. (Art. VII, sec. 19).
26 To initiate (HOR) and, to try all cases of
impeachment (Senate), against the:
23 President
24 Vice President
25 Members of the SC
26 Members of the Constitutional
Commissions
27 Ombudsman
For any of the following offenses:
23 culpable violation of the Constitution
24 treason
25 bribery
26 graft and corruption
27 betrayal of public trust
28 other high crimes
10
ATENEO CENTRAL
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(Art. XI, Sec. 2-3).
23 To act as a constituent assembly for the
revision or amendment of the Constitution.
(Art. XVII).
Q: What does the pork-barrel system violate?
a. Violates the principle of separation of
powers by allowing legislators to wield post-
enactment authority in the implementation or
enforcement of the budget, unrelated to
congressional oversight, and assume duties that
properly belong to the sphere of budget
execution.
b. Constitutes an undue delegation of
legislative power insofar as it confers post-
enactment identification authority to
individual legislators. The power of
appropriation is lodged in Congress as a
body.
c. Violates the principle of checks and
balances; as legislators make intermediate
appropriations only after the GAA is passed
and hence, outside of the law. It necessarily
means that the actual items of PDAF
appropriation would not have been written
into the General Appropriations Bill and thus
effectuated without veto consideration. This
kind of lump -sum/post-enactment legislative
identification budgeting system fosters the
creation of a “budget within a budget" which
subverts the prescribed procedure of
presentment and consequently impairs the
President‘s power of item veto.
23 Violates the principle of local autonomy; with
PDAF, a Congressman can simply bypass
the local development council and initiate
projects on his own, and even take sole
credit for its execution. (Belgica v. Ochoa,
G.R. No. 208566, 2013).
23 What are the requisites for the valid
transfer of appropriated funds under Sec
25(5)?
23 There is a law authorizing the President,
Senate President, Speaker, Chief Justice,
and heads of the Constitutional
Commissions;
24 The funds to be transferred are savings
generated from the appropriations for their
respective offices; and
25 The purpose of the transfer is to augment an
item in the general appropriations law for
their respective offices. (Araullo v. Aquino,
G.R. No. 209287, 2014).
Q: Considering the above requisites, what
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
activities under the DAP are
unconstitutional?
23 The withdrawal of unobligated allotments
from the implementing agencies and the
declaration of the withdrawn unobligated
allotments and unreleased appropriations as
savings prior to the end of the fiscal year
and without complying with the statutory
definition of savings contained in the
General Appropriations Act;
24 Cross-border transfers of savings of the
executive department to offices outside the
executive department;
25 Funding of projects, activities, programs not
covered by appropriations in the General
Appropriations Act (Araullo v. Aquino,
supra).
23 When can the President exercise the
power of augmentation?
The President may, by law, be authorized to
augment any item in the General Appropriations
Law, their respective offices from savings in
other items of their respective appropriations
(PHIL. CONST. art. VI, §25; Sanchez v. COA).
EXECUTIVE
DEPARTMENT
A. PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS
1. PRESIDENTIAL IMMUNITY
23 When is the President immune from suit?
23 During tenure: for both official and
unofficial acts;
24 After tenure: only for official acts
Once out of office, even before the end of the
six-year term, immunity for non- official acts is
lost (Estrada v. Desierto, G.R. No. 146710,
2001).
23 What is covered by presidential immunity
from suit?
It extends to official acts of the president during
tenure. Unlawful acts of public officials are not
acts of State and the officer who acts illegally is
not acting as such but stands in the same
footing as any other trespasser.. (Estrada v.
Desierto, G.R. No. 146710-15, 2001).
23 May it be invoked by a Department
Secretary?
11
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No, even if the DECS Secretary is an alter ego Cove Pre-deliberative, Deliberations; It
of the President, the President’s immunity from rage final and post- applies to decision-
suit cannot be invoked because the questioned decisional matters making of
acts are not the acts of the President but merely Negation of this type executive officials
of privilege is subject (and judiciary)
those of a Department Secretary. (Gloria v. CA, to more scrutiny. It
G.R. No. 119903, 2000). applies to decision-
making of the
23 PRESIDENTIAL PRIVILEGE President.
Requ 1. It must involve a 1. Predecisional –
23 What are those covered by executive isites quintessential and it precedes, in
privilege? non-delegable temporal
23 Military, diplomatic and other national power of the sequence, the
security matters which in the interest of President decision to which it
2. Operational relates.
national security should not be
proximity 2. Deliberative –
divulged (Almonte vs. Vasquez, G.R. 3. Important and reflects the give
No. 95367, 1995; Chavez v. PCGG, compelling need to and take of the
G.R. No. 130716, 1998). be kept confidential, consultative
24 Information between inter-government not merely based on process such that
agencies prior to the conclusion of general interest disclosure would
treaties and executive agreements discourage candid
(Chavez v. PCGG, G.R. No. 130716, discussion within
1998); the agency
25 Discussion in close-door Cabinet
meetings (Chavez v. PCGG, G.R. No. 23 What are the 3 Requisites for a valid claim
130716, 1998); of Executive Privilege?
26 Matters affecting national security and 23 The protected communication must relate to
public order (Chavez v. Public a quintessential and non-delegable
Estates Authority, G.R. No. 133250, presidential power;
2002). Examples: commander-in-chief power,
appointment and removal power, the power
23 What are the 2 types of executive to grant pardons and reprieves, the sole-
privilege? authority to receive ambassadors and other
The presumptive presidential communications public officers, the power to negotiate
privilege and the deliberative process privilege. treaties, etc.
(Neri v. Senate, G.R. No. 180643, 2008). 24 It must be authored, solicited, and received
by a close advisor of the President or the
Presidential Deliberative President himself/herself. (Operational
Communications Process proximity test)
Basis Separation of Common law 25 It may be overcome by a showing of
powers privilege adequate need, such that the information
What Pertains to Includes advisory sought “likely contains important evidence”
communications, opinions, and by unavailability of the information
documents or other recommendations
elsewhere by an appropriate investigating
materials that reflect and deliberations
decision-making and comprising part of authority. (Neri v. Senate, G.R. No.180643,,
deliberations that a process by which 2008).
should remain governmental
confidential. decisions and 23 Is there an exception to Executive
It applies to policies are Privilege?
documents in their formulated Yes. Executive privilege cannot be used to
entirety, and covers conceal a crime or a possible wrongdoing. Thus,
final and post- the specific need for evidence in a pending
decisional materials
criminal trial outweighs the President’s
as well as pre-
deliberative ones. generalized interest in confidentiality (Neri v.
Ermita, supra, citing US v. Nixon).

Q: Does Executive Privilege violate the

POLITICAL LAW PRE-WEEK REVIEWER 12

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people’s right to information?
No. Sec. 7, Art. III provides that the right is
“subject to such limitations as may be provided
by law” such as Code of Conduct, revelation of
secrets by an officer under the RPC and corrupt
practices of public officers. These are in addition
to the larger concept of executive privilege,
which recognizes the public’s interest in the
confidentiality of certain information. (Neri v.
Ermita, supra, citing US v. Nixon).
23 Is there an exception to the prohibition on
the President and his/her official family from
holding any other office or employment?
Yes. If 4th degree relatives are already in office
when a President assumes office, the relatives
are not thereby ousted from their positions.
What is prohibited is appointment or
reappointment and not uninterrupted
continuance in office.
B. POWERS
23 EXECUTIVE AND ADMINISTRATIVE
POWERS IN GENERAL
23 During the campaign, President Duterte,
who was then a candidate and later on
became the elected President, publicly
announced that he would allow the burial of
former President Marcos at the Libingan ng
mga Bayani (LMNB). The Marcos Family
entered into a 1992 agreement with the
Government of the Republic of the
Philippines that the remains be interred in
Batac, Ilocos Norte. Does this agreement
bind President Duterte?
No. The Presidential power of control over the
Executive Branch of Government is a self-
executing provision of the Constitution and does
not require statutory implementation nor may its
exercise be limited, much less withdrawn, by the
legislature. This is why President Duterte is not
bound by the alleged 1992 Agreement to have
the remains interred in Batac, Ilocos Norte. As
the incumbent president he is free to amend,
revoke or rescind political agreements entered
into by his predecessors, and to determine
policies which he considers, based on informed
judgment and presumed wisdom, will be most
effective in carrying his mandate. (Ocampo v.
Enriquez, G.R. No. 225973, 2016).
23 POWER OF APPOINTMENT
(a) In general
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
23 What are the Constitutional Limitations on
the President’s appointing power?
23 The president may not appoint his/her
spouse and relatives by consanguinity or
affinity within the 4th civil degree as
members of the:
23 Constitutional Commissions
24 Ombudsman
25 Department Secretaries
26 Undersecretaries
27 Chairmen and heads of Bureaus
and Offices
28 GOCCs (Sec. 13, Art. VII).
24 Appointments extended by an acting
President shall remain effective unless
revoked by the elected President within
90days from assumption of office. (Sec. 14,
Art. VII).
25 2 months immediately before the next
presidential elections and up to the end of
his/her term, a President or Acting President
shall not make appointments except
temporary appointments to executive
positions when continued vacancies therein
will prejudice public service or endanger
public safety. (Sec. 15, Art. VII).
(b) Commission on Appointments
23 What are the category/categories of
officials whose appointments need
confirmation by the Commission on
Appointments?
The only officers whose appointments need
confirmation are:
23 Head of executive departments,
24 Ambassadors
25 Other public ministers,
26 Consuls
27 Officers of the AFP from rank of colonel
or naval captain
28 Other officials whose appointments are
vested in the President by the
Constitution. The Congress may not
expand this list. (Sarmiento v. Mison
G.R. No. 79974, 1987).
Q: Differentiate Ad Interim from
Appointments in an acting capacity.
Ad Interim
23 Considered a permanent appointment.
(Pamantasan ng Lungsod ng Maynila v.
IAC, G.R. No. L-65439, 1985).
24 May be terminated for any of 2 causes:
1. Disapproval of the appointment by the
13
ATENEO CENTRAL
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CA;
23 Adjournment by Congress without the
CA acting on the appointment.
(Appointee-candidate is bypassed)
REMEDY OF THE PRESIDENT: Renew the Ad
interim appointment. (Matibag v. Benipayo, G.R.
No. 149036, Apr. 2, 2002).
Ad-interim Acting Capacity
Effective upon acceptance
Only during a recess of Anytime there is a
Congress vacancy
Submitted to the Not submitted
Commission of
Appointments
A way of temporarily
filling important offices
but, if abused, can be a
way of circumventing the
need for confirmation by
the Commission on
Appointments.
(Pimentel v. Ermita, G.R. No. 164978, 2005).
Temporary – not subject to confirmation by the
CA. Such confirmation, if given erroneously, will
not make the incumbent a permanent employee.
(Valencia v. Peralta, G.R. No. L-20864, August
23, 1963).
23 Does the assumption of office on the
basis of the ad interim appointments issued
by the President amount to a temporary
appointment which is prohibited by § 1 (2),
Art. IX-C?
No. An ad interim appointment is a permanent
appointment because it takes effect immediately
and can no longer be withdrawn by the
President once the appointee has qualified into
office. (Matibag v. Benipayo, G.R. No. 149036,
2002).
(c) Midnight appointments
23 Does the ban on “midnight appointments”
under Sec. 15, Art VII apply to the judiciary?
No, the prohibition does not extend to
appointments in the Judiciary. Had the framers
intended to extend the prohibition to the
appointment of Members of the Supreme Court,
they could have explicitly done so. The
prohibition is confined to appointments in the
Executive Department by the President or Acting
President (De Castro v. JBC, G.R. No. 191002,
2010). Neither does it apply to local executive
officials. (Quirog v. Aumentado, G.R. 163443,
POLITICAL LAW PRE-WEEK REVIEWER
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2008).
23 May the succeeding President revoke
appointments to the Judiciary made by an
Acting President?
No, Sec. 14, Art. VII refers only to appointments
in the Executive Department. It has no
application to appointments in the Judiciary
because temporary or acting appointments can
only undermine the judiciary due to their being
revocable at will. Prior to their mandatory
retirement or resignation, judges of the first or
second level courts and the Justices of the third
level courts may only be removed for cause, but
the members of the Supreme Court may be
removed only by impeachment. (De Castro v.
JBC, G.R. No. 191002, 2010).
(d) Power of removal
23 Is RA 6770, insofar as it confers to the
President disciplinary authority over the
Deputy Ombudsman, valid?
No. The alter egos of the President and the
officials of the Executive Department are subject
to the disciplinary authority of the Ombudsman.
The deputy Ombudsmen act as agents of the
Ombudsman in the performance of their duties.
Thus, subjecting the deputy Ombudsmen to the
power to discipline and removal by the President
will seriously place at risk the independence of
the Ombudsman. However, it is valid insofar as
the Special Prosecutor is concerned because he
is not within the Office of the Ombudsman
(Gonzales III v. Office of the President, G.R. No.
196231, 2012).
23 POWER OF CONTROL AND
SUPERVISION
(a) Doctrine of qualified political agency
23 What is the doctrine of qualified political
agency?
The doctrine of qualified political agency
declares that, (save in matters on which the
Constitution or the circumstances require the
President to act personally), executive and
administrative functions are exercised through
executive departments headed by cabinet
secretaries, whose acts are presumptively the
acts of the President unless disapproved by the
latter.
There can be no question that the act of the
secretary is the act of the President, unless
repudiated by the latter. In this case, approval of
the Amendments to the Supplemental Toll
14
ATENEO CENTRAL
BAR OPERATIONS 2018
Operation Agreement (ASTOA) by the DOTC
Secretary had the same effect as approval by
the President. The same would be true even
without the issuance of E.O. 497, in which the
President specifically delegated to the DOTC
Secretary the authority to approve contracts
entered into by the Toll Regulatory Board.
(Hontiveros-Baraquel vs. Toll Regulatory Board,
2015).
(b) Executive departments and offices
23 May the president appoint an individual as
acting Solicitor General and acting Secretary
of Justice in a concurrent capacity?
No. The designation of Alberto Agra as acting
Secretary of Justice concurrently with his
position as Solicitor General is in violation of the
constitutional prohibition under Article VII,
Section 13. It is of no moment that the
designation was in a temporary capacity. The
Constitution makes no reference to the nature of
the designation (Funa v. Agra, G.R. No. 191644,
February 19, 2013).
(c) Local government units
23 What is the nature of the President’s
power over local governments?
The president’s power over local governments is
only one of general supervision, and not one of
control. (Pimentel v. Aguirre, G.R. No. 132988,
July 19, 2000).
23 May the President merge administrative
regions?
Yes. To facilitate the exercise of power of
general supervision of local government, the
president may merge administrative regions and
transfer the regional center to Koronadal City
from Cotabato City (Republic v. Bayao, G.R. No.
179492, 2013).
5888 MILITARY POWERS
0 Distinguish the President’s authority to
declare a state of rebellion and the authority
to proclaim a state of national emergency.
The authority to declare a state of rebellion
emanates from the President’s power as Chief
Executive. In Sanlakas, the President’s
declaration of a state of rebellion was deemed
harmless and without legal significance.
In declaring a state of national emergency,
(PP1017), the President did not only rely on
Sec. 18, Art. VII but also on Sec. 17, Art XII of
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
the Constitution. Calling for the exercise of
awesome powers cannot be deemed harmless
or without legal significance. (David v.
Macapagal-Arroyo, G.R. No. 171396, 2006).
23 Is a Presidential proclamation of a state of
emergency sufficient to allow the President
to take over any public utility?
No. Since it is an aspect of emergency powers
in accordance with § 23 (2), Art. VI of the
Constitution, there must be a law delegating
such power to the President. (David v.
Macagapal Arroyo, supra).
23 What are the safeguards in the exercise of
Congress’ grant of authority to take over
private corporations and institutions under
Sec. 17, Art. XII?
23 There must be war or a declared national
emergency
24 Delegation is for a limited period only;
25 Delegation is subject to restrictions
prescribed by Congress;
26 Emergency powers are exercised to carry
out a declared national emergency.
23 May the President issue “decrees” in a
state of rebellion?
No, PP1107 is unconstitutional insofar as it
grants the President the authority to promulgate
“decrees” because legislative power is peculiarly
within the province of Congress. (David v.
Macapagal-Arroyo, supra).
23 May the President enforce obedience to
all laws through the military?
No. The President cannot call the military to
enforce or implement certain laws such as
customs laws, those governing family and
property relations, laws on obligations and
contracts, etc. She can only order the military,
under PP1017, to enforce laws pertinent to its
duty to suppress lawless violence. (David v.
Macapagal-Arroyo, supra).
23 Is the President required to dispense his
extraordinary powers (calling out,
declaration of martial law, and suspension of
the privilege of the writ of habeas corpus)
SEQUENTIALLY? (DEL CASTILLO)
No. The President has absolute discretion to
choose which of the extraordinary powers to
exercise at a given time, provided that the
conditions for the valid exercise of each power
exist. (Lagman v. Medialdea, G.R. No. 231658,
July 4, 2017)
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contempt, or civil contempt.

0 Is the recommendation of the defense 23 Does not absolve civil liability. (People v.
secretary necessary for the declaration of Nacional, G.R. No. 11294, Sep. 7, 1995).
martial law or suspension of the writ of 24 Does not restore public offices forfeited.
habeas corpus? (DEL CASTILLO) (Monsanto v. Factoran, G.R. No. 78239,
No. The power to choose, initially, which among February 9, 1989).
these extraordinary powers to wield in a given
set of conditions is a judgment call on the part of (b) Forms of executive clemency
the President. (Lagman v. Medialdea, 2017)
23 May the President grant executive
0 Differentiate the extraordinary powers of clemency in administrative cases?
the President (DEL CASTILLO) Yes, but only to administrative cases in the
Calling out Suspending the Executive branch, not in the Judicial or
privilege of writ of Legislative branches of government. (Llamas v.
habeas corpus and Orbos, G.R. No. 99031, Oct. 15, 1991).
declaration of
martial law 23 A trial judge was found liable by the SC
Most benign and Involve curtailment
involves ordinary police and suppression of
for serious misconduct and inefficiency, and
action civil rights and meted a penalty of suspension from office
individual freedom for 6 months. The judge thereafter filed a
President may invoke President may only petition for executive clemency with the
whenever it becomes invoke when there is Office of the President. The Executive
necessary to prevent or actual invasion, Secretary issued a resolution granting the
suppress lawless rebellion, and public executive clemency. Is it valid?
violence, invasion, or safety requires it No. The power of executive clemency cannot be
rebellion. delegated for it was not signed by the President
President must act 1. Time limit of 60
himself but by the Executive Secretary. Also, it
within permissible days
constitutional 2. Review and cannot extend to administrative cases in the
boundaries or in a possible Judiciary because it will violate the principle of
manner not constituting revocation by separation of powers and impair the power of
grave abuse of Congress the SC under §6 Art. VIII.
discretion. But 3. Review and
generally, president has possible 23 DIPLOMATIC POWERS
full discretion nullification by
the SC 23 Distinguish treaties from executive
Actual use to which Subject to judicial
agreements.
President puts the review as to
armed forced not sufficiency for the Executive
subject to judicial factual basis of such Treaty Agreement
review declaration. Involve political Involve details
(Lagman v. Medialdea, G.R. No. 231658, July 4, issues, nat'l. carrying out nat'l.
2017) policy policy
Int'l. agreements More or less
0 PARDONING POWER of a permanent temporary in
kind character
(a) Nature and limitations Does not require
Requires senate senate
23 What are the limitations on the exercise of concurrence concurrence
the President’s pardoning power? (Bayan Muna v. Romulo, G.R. No. 159618,
23 Cannot extend to cases of impeachment. 2011).
Sec. 19, Art. VII).
24 For violation of election laws, must have 512The President alone without the concurrence
favorable recommendation by the of the Senate abrogated a treaty. Assume
COMELEC. Sec. 5, Art. IX-C). that the other country party to the treaty is
25 Granted only after conviction by final agreeable to the abrogation provided it
judgment. (Sec. 19, Art. VII). complies with the Philippine Constitution. If
26 Cannot extend to cases of legislative a case involving the validity

POLITICAL LAW PRE-WEEK REVIEWER 16

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of the treaty abrogation is brought to the SC, purpose for such component to be considered a
how should it be resolved? proper line-item. (Belgica v. Ochoa, supra).
It should dismiss the case. The jurisdiction of the
SC (other lower courts) over a treaty is only with ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ
respect to questions of its constitutionality of 㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀ
validity. It does not pertain to the ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ̀ĀĀԀĀȀĀ⸀ĀᜀĀ
termination/abrogation of a treaty. (Gonzales v. ᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀĀĀĀĀᜀĀ
Hechanova, G.R. No. L-21897, 1963). ᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀ĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
0When may the President opt to enter into an ᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀऀऀ̀̀ĀȀ⸀Ā
executive agreement? ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀ
Executive agreements are concluded (1) to ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀ
adjust the details of a treaty, e.g., EDCA as to ᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀ
VFA; (2) pursuant to or upon confirmation by an
ĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
act of the Legislature; or (3) in the exercise of
ᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ
the President's independent powers under the
Constitution. ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ‫܀‬ĀȀ⸀ĀᜀĀᜀĀᜀ
0 May the President enter into an executive ĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀ
agreement on foreign military bases, troops ᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
or facilities? ĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
Yes, but only if the executive agreement (a) is ᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀĀȀ⸀Ā
not the instrument that allows the presence of ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀ
foreign military bases, troops or facilities; or (b) ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀ
merely aims to implement an existing law or ᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
treaty. (Saguisag v. Exec. Sec., G.R. No. ĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ
212426, 2016) ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀĀȀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀ
0 What are the restrictions prescribed by ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀ
the Constitution in the power of the
ĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀ
President to contract or guarantee foreign
ᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ0
loans on behalf of the State?
POWERS RELATIVE TO
The power of the President to contract or
guarantee loans on behalf of the State is subject APPROPRIATION MEASURES
to the prior concurrence of the Monetary Board ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀ
and subject to such limitations as may be ĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ̀ĀĀԀĀȀĀ⸀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀĀĀĀĀᜀĀᜀĀᜀĀᜀĀᜀ
prescribed by law. (Sec. 20, Art. VII).
ĀᜀĀᜀ̀̀ĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀ
0 What is an “item” under an appropriations ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀऀऀ
̀̀ĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀ
bill?
ᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ
An item in an appropriation bill is a specific 㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀ
appropriation of money, not some general ᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀
provision of law, which happens to be put into an ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
appropriation bill. An item of appropriation must ᜀĀᜀ‫܀‬ĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀ
be an item characterized by singular ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
correspondence, which is an allocation of a ᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀ
specified singular amount for a specified ĀᜀĀᜀĀᜀĀᜀĀᜀȀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ
singular purpose known as a "line-item." 㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀ
(Belgica v. Ochoa, G.R. No. 208566, 2013). ᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀Āᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
0 May an appropriation be validly ᜀĀᜀȀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀ
apportioned into component percentage or ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
values? ᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀ
Yes, provided that each percentage or value ĀᜀĀᜀĀᜀ1 DELEGATED POWERS
must be allocated for its own corresponding
̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀ • Aprovision that is constitutionally inappropriate
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ̀ĀĀԀĀȀĀ⸀Āfor an appropriation bill may be singled out
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀĀĀĀĀᜀĀᜀĀᜀĀᜀĀ for veto even if it is not an appropriation or
ᜀĀᜀĀᜀ̀̀ĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀Ā revenue item (refers to riders).
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ • Included are:
ᜀĀᜀऀऀ̀̀ĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀Āᜀ 0 unconstitutional provisions and
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ 1 provisions which are intended to
ĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀 amend other laws. (Philconsa vs.
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ Enriquez, G.R. No. 113105, 1994)
ĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀Āᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ‫܀‬ĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ 23 RESIDUAL POWERS
Āᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀Āᜀ 24 EXECUTIVE PRIVILEGE
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ 25 EMERGENCY POWERS
ĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀĀȀ⸀ĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ C. RULES OF SUCCESSION
ĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ Start of Term as of Noon June 30 (Art. VII, Sec. 7):
ᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀĀȀ⸀ĀᜀĀᜀĀᜀ President VP Both
ĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ Fails to VP acts as N/A Senate P.
ᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀȀ⸀ĀᜀĀᜀĀᜀ Qualify P or Speaker
acts as P.
ĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ2 V Not Chosen VP acts as N/A Senate P.
ETO POWERS P or Speaker
acts as P.
0 Distinguish between the 2 kinds of Death; P. VP is P. After June Senate P.
Disability 30, Sec. 9 or Speaker
presidential veto.
can apply. acts as P.
0 General veto power - veto the entire
bill; If you veto a provision in an During or Mid-Term (Sec. 8):
ordinary bill – considered as if you Death; P. Disabled; Removal, Death; P.
vetoed the whole thing. Resignation Disabled;
1 Item/line veto– veto separate items, Resignation
not the entire bill. Only in an Pres. VP Both Acting Pres.
(SP/SH)
appropriation, revenue or tariff bill. VP is Pres. will Senate P. By law
(Sec. 27, Art. VI). P. nominate VP or Speaker
from Congress acts as P.
0 What is the Doctrine of inappropriate
provisions?

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(Sec. 9). 23 Differentiate the judicial power to review

the sufficiency of the factual basis for the
declaration of martial law and the
JUDICIAL suspension of the privilege of writ of habeas
corpus from the congressional power to
DEPARTMENT revoke such declaration and suspension.
(DEL CASTILLO)
A. CONCEPTS
1. JUDICIAL POWER Judicial Power to Congressional
review Power to revoke
Court can only refer to Congress may take
23 Can the court exercise judicial power
information available into consideration:
when there is no applicable law? to the President prior • Data available to
• No. In a number of cases decided, the to or at the time of the the President
Supreme Court ruled that the exercise of declaration prior to or at the
judicial power when there is no applicable Court is not allowed to time of the
law is not authorized. declaration and
• The court has no authority to entertain an undertake an • Events
independent supervening the
action for judicial declaration of citizenship
investigation beyond declaration
because there was no law authorizing such the pleadings
proceeding (Tan v. Republic, G.R. No. L- Does not look into the Can probe further and
14159, April 18, 1960). absolute correctness deeper, can delve into
• An award of honors to a student by a board of of the factual basis accuracy of facts
teachers may not be reversed by a court presented before it
where the awards are governed by no Passive power Automatic
applicable law (Santiago Jr. v. Bautista, G.R. Initiated by filing of a May be activated by
No. L-25024, March 30, 1970). petition “in an Congress itself at any
• Courts cannot reverse the award of a board of appropriate time after the
proceeding” by a proclamation or
judges in an oratorical contest (Felipe v. citizen suspension was made
Leuterio, G.R. No. L-4606, May 30, 1952).
(Lagman v. Medialdea, G.R. No. 231658, July 4,
23 What is the nature of the Supreme Court’s 2017)
jurisdiction to determine the sufficiency of
the factual basis for the declaration of 2. JUDICIAL REVIEW
martial law and the suspension of the
23 What are the requisites for judicial
privilege of the writ of habeas corpus by the
President? (DEL CASTILLO) review?
It is sui generis and granted by Sec. 18, Art. VII 0 There must be a judicial case ripe for
of the Constitution which provides that in case of adjudication;
invasion or rebellion, when public safety requires 1 Raised by the proper party – party must
it, the President may, for a period not exceeding have locus standi
60 days suspend the privilege of the writ of 2 Raised at the earliest opportunity
habeas corpus or place the Philippines or any 3 Decision on the constitutional question must
part thereof under martial law. It does not stem be determinative of the case itself; it is the
from Sec. 1 or 5 of Art. VIII. (Lagman v. lis mota.
Medialdea, G.R. No. 231658, July 4, 2017)
0 Can inferior courts exercise judicial
23 What is the scope of the Supreme Court’s review?
power to review the declaration of Martial Yes. Since the power of judicial review flows
Law or suspension of the privilege of the writ from judicial power and since inferior courts are
of habeas corpus? (DEL CASTILLO) possessed of judicial power, it may fairly be
It is limited to a determination of the sufficiency inferred that the power of judicial review is not
of the factual basis of such declaration or an exclusive power of the Supreme Court.
suspension. (Lagman v. Medialdea, G.R. No. (Bernas, Commentary, 2009 ed.).
231658, July 4, 2017)
0 Does the CTA have the power to issue
writs of certiorari?

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Yes. Section 1, Article VIII vests judicial power in
the Supreme Court and in lower courts
established by laws. Judicial power includes the
determination whether there has been grave
abuse of discretion on the part of the
government. The CTA has the judicial power to
determine whether the RTC gravely abused its
discretion in issuing an interlocutory order in
cases falling within its exclusive appellate
jurisdiction (City of Manila v. Grecia-Cuerdo,
G.R. No. 175723, 2014).
(a) Operative fact doctrine
0 What is the “operative fact doctrine”?
When the assailed legislature act or executive
act is found by the judiciary to be contrary to the
Constitution, it is null and void. However, the
actual existence of a statute prior to such
determination is an operative fact and may have
consequences which cannot be erased by a new
judicial declaration. Thus, for a period of time
such statute, treaty, executive order or ordinance
was in “actual existence.” It is considered as an
operative fact. (CIR v. San Roque Power
Corporation, G.R. No. 187485, 2013).
0When is the operative fact doctrine not
applicable?
• Operative fact doctrine cannot be invoked if it
will constitute an unjust enrichment. In the
case of Planters v. Fertiphil, the tax on
fertilizers had already been collected and
applied to a private corporation’s needs.
This was by virtue of the law imposing the
tax. If the operative fact doctrine would be
applied in this case it would sanction the
enrichment of the Planters Product at the
expense of the Fertiphil. (Planters Products,
Inc. v. FertiPhil Corporation, G.R. No.
166006, 2008).
• It should also not be applied if it will be
iniquitous and would send a wrong signal
that an act may be justified when based on
an unconstitutional provision. Simply put, it
will not be applied if it will result to injustice.
(Phil. Coconut v. Republic, G.R. Nos
177857-58, 2012).
23 Can an administrative practice be the
basis for applying the operative fact
doctrine?
No. The doctrine of operative fact states that a
judicial declaration of invalidity may not
necessarily obliterate all the effects of a void act
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
prior to the declaration. For the operative fact
doctrine to apply, there must be a law or an
executive issuance invalidated by the court. Its
effect, when relied upon by the public in good
faith, may have to be recognized as valid. (CIR
v. San Roque Power Corporation, G.R. No.
187485, 2013).
23 How was the operative fact doctrine
applied to the DAP?
23 The term “executive act” is broad enough to
include any and all acts of the Executive,
including those that are quasi legislative and
quasi-judicial in nature. It is not confined to
statutes and rules and regulations issued by
the executive department or those which are
quasi-legislative in nature. Thus, it applies to
the DAP (which was a mere program of the
DBM).
23 The DAP itself, as a policy, transcended
a merely administrative practice
especially after the Executive, through
the DBM, implemented it by issuing
various memoranda and circulars.
24 This doctrine, in the interest of justice and
equity, can be applied liberally and in a
broad sense to encompass said decisions of
the executive branch.
23 The DAP resulted to public
infrastructure. Not to apply the doctrine
of operative fact to the DAP could
literally cause the physical undoing of
such worthy results by destruction, and
would result in most undesirable
wastefulness.
24 However, the OFD applies only to the
programs, activities, and projects that can
no longer be undone, and whose
beneficiaries relied in good faith on the
validity of the DAP, but cannot apply to the
authors, proponents and implementors of
the DAP, unless there are concrete findings
of good faith in their favor by the proper
tribunals determining their criminal, civil,
administrative and other liabilities.
23 Note however that the presumption of
good faith was not removed; there must
first be a factual determination of the
guilt of the authors. Complainants has
burden of proof; presumption of GF still
stands. (Araullo v. Aquino III, G.R. No.
209287, 2014).
(b) Moot questions
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Q: What is a “moot and academic case”?
It is one that ceases to present a justiciable
controversy by virtue of supervening events, so
that a declaration thereon would be of no
practical value. As a rule, courts decline
jurisdiction over such case or dismiss it on
ground of mootness (Gunsi, Sr. v.
Commissioners, The COMELEC, 2009).
23 What are the exceptions to the rule that
the Courts will not entertain “moot”
questions?
23 A grave violation of the Constitution
24 The exceptional character of the situation
and paramount public interest is involved
25 A need to formulate controlling principles to
guide the bench, the bar and the public; and
26 The fact that the case is capable of
repetition yet evading review. (David v.
Arroyo, G.R. No. 171396, 2006).
(c) Political question doctrine
Q: What is a “political question”?
It is a question, the resolution of which has been
vested by the Constitution exclusively:
23 In the people, in the exercise of their
sovereign capacity, or
24 In which full discretionary authority has
been delegated to a co-equal branch of
the Government. (Tanada v. Cuenco,
G.R. No. L-10520, 1957).
23 Is the judiciary precluded from reviewing
“political questions”?
No, the 2nd clause of Sec. 1, Art. VIII (the power
to determine whether or not there has been a
grave abuse of discretion) effectively limits the
“political question” are which, heretofore, was
forbidden territory for the courts. The Courts may
now determine whether there has been grave
abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or
instrumentality of government. (Francisco v.
House of Rep, G.R. No. 160261, 2003).
23 Is the determination of what constitutes
“betrayal of public trust” or “other high
crimes” a political question?
Yes. A determination of what constitutes an
impeachable offense is a purely political
question, which the Constitution has left to the
sound discretion of the legislature. (Gutierrez v.
The HOR Committee on Justice, et al., G.R. No.
193459, 2011).
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
23 Examples of political questions in
jurisprudence.
23 Interpretation of the meaning of “disorderly
behavior” and the legislature’s power to
suspend a member (there is no procedure
for the imposition of the penalty of
suspension nor did the 1935 Constitution
define what “disorderly behavior is). The
matter is left to the discretion of the
legislature (Osmeña, Jr. v. Pendatun, G.R.
17144, 1960).
24 Whether the court could intervene in a case
where the House of Representatives was
said to have disregarded its own rule. The
court was held to have been without
authority to intervene (Arroyo v. De Venecia,
G.R. No. 127255, August 14, 1997).
25 Recognitionofdiplomaticimmunity
(International Catholic Migration
Commission v. Hon. Calleja, G.R. No.
85750, 1990).
23 Examples of cases in jurisprudence where
there was held to be no political question
involved.
23 Apportionment of representative districts
(because there are constitutional rules
governing apportionment) (Avelino v.
Cuenco, G.R. No. L-2821, March 4, 1949).
24 Suspension of the privilege of the writ of
habeas corpus is not a political question
because the Constitution sets limits to
executive discretion on the matter
(Montenegro v. Castañeda, G.R. No. L-
4221, August 30, 1952).
25 Manner of forming the Commission on
Appointments (Guingona v. Gonzales, G.R.
No. 106971, October 20, 1992).
26 Constitutionality of Pork Barrel system
(Belgica v. Ochoa G.R. No. 208566,
November 19, 2013)
23 SAFEGUARDS OF JUDICIAL
INDEPENDENCE
24 JUDICIAL RESTRAINT
0 What is the doctrine of judicial restraint?
This doctrine is well intertwined with the doctrine
of separation of powers. The courts should defer
to the decisions made by the legislature and
executive branches and should not thwart the
implementation of these acts unless they are
clearly unconstitutional. (Francisco v. House of
Rep., G.R. No. 160261, 2003).
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D. APPOINTMENTS TO THE JUDICIARY
23 Can the President appoint a temporary
member of the Supreme Court?
No. There can be no doubt that the Chief Justice
and Associate Justices required by the
Constitution to compose the Supreme Court are
regular members of the Court. A temporary
member would be a misnomer, implying a
position not contemplated by the Constitution.
Thus, a law which authorizes the President to
designate any judge of the lower court or
cadastral judge to act as member of the
Supreme Court is void. (Vargas v. Rilloraza,
G.R. No. L-1612, 1948).
0 JUDICIAL AND BAR COUNCIL
23 What happens if the President is not
satisfied with the list submitted by the JBC?
He may ask for another list. But once the
appointment is issued by the President and
accepted by the nominee, it needs no further
confirmation.
23 Can both a senator and congressman sit
in the JBC as representatives of Congress?
No. There is only one representative of congress
entitled to one vote in the JBC. Congress
chooses whether the JBC representative shall
come from the Senate or the House or
Representatives. (Chavez v. JBC, G.R. No.
202242, 2013).
23 Is the JBC required to hold hearings on
the qualifications of nominees?
No. The process by which an on objection is
made based on Sec 2, Rule 10 of JBC-009 is
not judicial, quasi-judicial, or fact finding
because it does not aim to determine guilt or
innocence akin to a criminal or administrative
offense. Rather, it is to ascertain the fitness of an
applicant vis-a-vis the requirements for the
position. Even if proceedings before the JBC are
sui generis, due process still applies (Jardaleza
v. Chief Justice Sereno G.R. No. 213281, Aug
19, 2014)
0 The JBC sorted Sandiganbayan Associate
Justice nominees in 6 clusters. The
President appointed 2 nominees belonging
in one cluster. The other nominees argued
that the President could only choose 1
nominee from each of the separate six
shortlists or clusters provided by the JBC. Is
the clustering of nominees by JBC
unconstitutional?
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
Yes. It is unconstitutional. The JBC, in sorting
the qualified nominees into six (6) clusters, one
for every vacancy, could influence the
appointment process beyond its constitutional
mandate of recommending qualified nominees
to the President. Clustering impinges upon the
President’s power of appointment, as well as
restricts the chances for appointment of the
qualified nominees. (Aguinaldo v. Aquino, G.R.
No. 224302, 2017).
23 SUPREME COURT
23 EN BANC AND DIVISION CASES
23 What cases must be decided by the SC en
banc? (LIT)
0 All cases involving constitutionality of
a: Code:
23 Law
24 International or executive agreement
25 Treaty
1 All cases involving the constitutionality,
application or operation of: (POPORI)
23 Presidential decrees
24 Orders
25 Proclamations
26 Ordinances
27 Other regulations
28 Instructions
2 All cases required to be heard en banc
under the Rules of Court
3 Appeals from Sandiganbayan and from the
Constitutional Commissions
4 Cases heard by a division where required
majority of 3 was not obtained
5 Cases where SC modifies or reverses a
doctrine or principle of law laid down by the
SC en banc or by a division
6 Administrative cases to discipline or dismiss
judges of lower courts
7 Election contests for President and Vice-
President (i.e., the Presidential Electoral
Tribunal). (Sec. 4, Art. VIII).
NOTE: Other cases outside the enumeration are
heard in Division and decided or resolved with
the concurrence of a majority of the members
who actually took part in the deliberations on the
issues and voted thereon, but in no case without
the concurrence of at least 3 such members.
(Sec. 4, Art. VIII).
0 Is a law fixing the passing grade in the
Bar examinations at 70%, with no grade
lower than 40% in any subject is
constitutional?
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No. Such law entails amendment of the Rules of
Court promulgated by the Supreme Court. The
Constitution has taken away the power of
Congress to alter the Rules of Court. The law
will violate the principle of separation of powers.
(In Re: Cunanan, 94 Phil. 534, 1954).
What are the requisites for a 3rd party to file
a case?
23 The litigant must have suffered an injury-in-
fact, thus giving him or her a "sufficiently
concrete interest" in the outcome of the
issue in dispute;
24 The litigant must have a close relation to the
third party; and
25 There must exist some hindrance to the third
party's ability to protect his or her own
interests. (White Light v. City of Manila, G.R.
No. 122846, 2009).
CONSTITUTIONAL
COMMISSIONS
23 CONSTITUTIONAL SAFEGUARDS
TO ENSURE INDEPENDENCE OF
COMMISSIONS
23 What are the institutional safeguards to
guarantee the independence of the
Constitutional Commissions?
23 They are constitutionally created, may not
be abolished by statute.
24 Each is expressly described as
“independent”
25 Each is conferred certain powers and
functions by the Constitution which cannot
be reduced by statute.
26 The Chairmen and members cannot be
removed, except by impeachment.
27 The chairmen and the members are given a
fairly long term of office of 7 years.
28 The Chairmen and members may not be re-
appointed or appointed in an acting capacity.
29 The salaries of the Chairmen and members
are relatively high and may not be
decreased during continuance in office.
30 The Commissions enjoy fiscal autonomy
(Sec. 5, Art. IX-A).
31 Each Commission en banc may promulgate
its own procedural rules, provided they do
not diminish, increase or modify substantive
rights (Sec. 6, Art. IX-A)
POLITICAL LAW
4 The Chairmen and members are subject to
certain disqualifications calculated to
strengthen their integrity.
The Commissions may appoint their own
officials and employees in accordance with Civil
Service Law. (Nachura, Reviewer in Political
Law, p. 325).
Q: What are the inhibitions/
disqualifications?
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀ĀȀĀĀĀĀ ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
ᄀ̀̀Ā0 Shall not, during tenure, hold any other
office or employment
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀ ĀȀĀĀĀĀ ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
ᄀ̀̀Ā1 Shall not engage in the practice of any
profession
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀ĀȀĀĀĀĀ ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
ᄀ̀̀Ā2 Shall not engage in the active
management or control of any business
which in any way may be affected by the
functions of his office
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀ ĀȀĀĀĀĀ ⸀Ā ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ
ᄀ̀̀Ā3 Shall not be financially interested,
directly or indirectly in any contract with, or
in any franchise or privilege granted by the
Government or any of its subdivisions,
agencies or instrumentalities, including
GOCCs or their subsidiaries. (Sec.2, Art.
IX).
0 In case of conflict between a rule of
procedure promulgated by a Commission
and a Rule of Court, which prevails?
It depends upon the venue. The rule of the
commission shall prevail if the proceeding is
before a commission. But if before a court, the
Rules of Court prevail. (Aruelo Jr. v. CA, G.R.
No. 107852, 1993).
0 What is the “rotational scheme of
appointments” and what are the 2 conditions
for its workability?
The first appointees shall serve terms of 7, 5
and 3 years, respectively. After the first
commissioners are appointed, the rotational
scheme is intended to prevent the possibility of
one President appointing all the Commissioners.
(Funa v. The Chairman, G.R. No. 192791,
2012).
The 2 conditions for its workability are:
0 The terms of the First Chairman and
Commissioners should start on a
common date, irrespective of variation
of dates of their appointments and
qualifications; and
1 Any vacancy due to the death, resignation
or disability before the expiration of the
term should be filled only for the
unexpired balance of the
POLITICAL LAW PRE-WEEK REVIEWER 22
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term. (Funa v. The Chairman, G.R. No.
192791, 2012).
3 What constitutional offices does the
rotational scheme of appointments apply?
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀ0 Civil Service Commission
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀ1 Commission on Elections
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀ2 Commission on Audit
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀᄀ̀̀ĀȀ㨀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀ
ᜀĀᜀ3 Judicial and Bar Council (Funa v. The
Chairman, G.R. No. 192791, 2012).
23 POWERS AND FUNCTIONS OF
EACH COMMISSION
A. The Civil Service Commission
23 What is the covered by the Civil Service
Commission? (BIGAS)
23 Branches
24 Instrumentalities
25 GOCCs with original charters
26 Agencies of the government
27 Subdivisions
NOTE:
5888 “With Original Charter” means
that the GOCC was created by special
law or by Congress
5889 If incorporated under the
Corporation Code, it does not fall within
the Civil Service and is not subject to
the CSC jurisdiction
5890 If previously government-
controlled, but is later privatized, it
ceases to fall under
CSC
5891 Jurisdiction is determined as of
the time of filing the complaint. (PNOC
v. NLRC, G.R. No. 79182, 1991).
0 May the CSC disallow an appointment to a
position authorized by law but not included
in the Index of Occupational Service?
No. Although the CSC rules limit appointments
to positions within the Index of Occupational
Service, nevertheless, it is also bound to
implement the laws it is tasked to enforce. RA
8494 exempted the Trade and Investment
Corporation from conforming to the position
classification, thus, the appointment made even
not within the index is still valid (Trade and
Investment v. CSC, G.R.No.182249, 2013).
0 May the CSC terminate the employment of
a civil servant?
No, the CSC is not a co-manager or surrogate
administrator of government offices and
POLITICAL LAW
agencies. Its functions and authority are limited
to approving or reviewing appointments to
determine their compliance with requirements of
the Civil Service Law. On its own, the
Commission does not have the power to
terminate employment or drop members from
the rolls. (UP and Torres v. CSC, G.R. No.
132860, Apr. 3, 2001 citing Chang v. CSC, G.R.
No. 86791, 1990).
0 What is the concept of security of tenure
in the Civil Service Law?
“No officer or employee of the civil service shall
be removed or suspended except for cause
provided by law.” (Section 2(3), Article IX-B).
0 What are the classes of non-competitive
positions?
1. Policy determining
Where the officer lays down principal or
fundamental guidelines or rules or
formulates a method of action for
government or any of its subdivisions.
E.g. department head. (Nachura)
2. Primarily confidential
A position is considered primarily
confidential if the nature of the office
requires close intimacy between the
appointee and appointing authority
which insures freedom of intercourse
without embarrassment or freedom from
misgiving of betrayal of personal trust on
confidential matters of state.
3. Highly technical
It means something beyond the ordinary
requirements of the profession. Hence,
its determination is always a question of
fact. (CSC v. Javier, G.R. No. 173264,
2008).
0 Are individuals occupying non-
competitive position covered by the
guarantee of security of tenure?
They are covered by the guarantee of security of
tenure but the termination of their official relation
can be justified on the ground of loss of
confidence because in that case their cessation
from office involves no removal but the
expiration of the term of office. (Tanjay v. Quinit,
G.R. No. 160502, April 27, 2007).
ȀĀ⸀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀĀĀࠀ ĀȀĀ⸀ĀᜀĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀ0 What is “partisan political
campaign”? The phrase involves any form of
solicitation of the elector’s vote in favor of a
specific candidate. But this does not prevent the
expression of views on current political problems
or issues, or
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mention of the names of candidates for public
office whom the public officer supports.
(Gonzales v. Comelec, G.R. No. L-27833,
1969).
0 Who are exempt from the prohibition on
engaging in electioneering and partisan
political campaign?
Exempt from this provision are members of the
Cabinet and public officers and employees
holding political offices. (Santos v. Yatco, G.R.
No. L-16133, 1959).
0 Section 7, Article IX-B states that “No
elective official shall be eligible for
appointment or designation in any capacity
to any public office or position during his
tenure”, is this rule absolute? What are the
exceptions, if any?
It is not absolute. The Vice President may be
appointed member of the Cabinet and a member
of Congress is designated to sit in the Judicial
and Bar Council. The Senate President is also
the ex-officio chairman of the Commission on
Appointments.
0 The Civil Service Commission took back
up files in the computer of an employee to
determine if he was acting as counsel for
employees with cases before the
commission. Is this valid?
No. To determine whether an employee has a
reasonable expectation of privacy, the following
factors should be considered: (1) The
Employee’s relationship to the item seized; (2)
Whether the item was in the immediate control
of the employee; (3) Whether the employee took
actions to maintain his privacy in the item.
The Supreme Court declared that the employee
did not have a reasonable expectation of privacy
over the computer files in view of the following
facts: (1) The employee’s computer was issued
by the government, and could be used only for
government business, (2) There was a memo
policy restricting use of the computer expressly
stating that the use of password does not imply
privacy, and (3) She allowed other people to
access the computer; and (4) There is
reasonable ground for suspecting the computer
files will produce evidence of the misconduct of
the employee. (Pollo v. Constantino-David, G.R.
No. 181881, 2011)
B. The Commission on Elections
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
0 What are the powers and functions of the
COMELEC?
23 Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall. (Sec. 2(1), Art. IX).
E.g. COMELEC can enjoin construction of
public works within 45 days of an election.
The COMELEC can take cognizance of any
question on the conduct of plebiscite such
as to correct or check what the Board of
Canvassers erroneously or fraudulently did
during the canvassing, verify or ascertain
the results of the plebiscite either through
pre-proclamation case or through revision of
ballots. (Buac v. Comelec, G.R. No. 155855,
2004).
The power of the COMELEC to ascertain
the results of the plebiscite is implicit in the
power to enforce all laws relative to the
conduct of plebiscite. (Buac v. Comelec,
G.R. No. 155855, 2004).
COMELEC can take jurisdiction over cases
involving party identity and leadership or
controversy as to leadership in the party.
Such jurisdiction is sourced from the general
power of the Commission to administer laws
and rules involving the conduct of election.
24 Exercise
23 Exclusive original jurisdiction over all
contests relating to the elections,
returns, and qualifications of all elective
regional, provincial and city officials.
23 Election contests in the
Sangguniang Kabataan (SK) are
under the original jurisdiction of the
MTC, and its appellate jurisdiction
over the decisions of the MTC is
under the COMELEC. (Fernandez v.
COMELEC, G.R. No. 176296,
2008)
24 Appellate jurisdiction over all contests
involving:
23 Elective municipal officials
decided by trial courts of
general jurisdiction
24 Elective barangay officials
decided by trial courts of limited
jurisdiction. (Article IX-C, Sec. 2
(2)).
25 Decisions, final orders, or rulings of the
COMELEC contests involving elective
24
ATENEO CENTRAL
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municipal and barangay offices shall be
final, executory, and not appealable.
(Art. IX-C, Sec. 2(2)).
EXCEPTION:
May be appealed to the SC EN BANC
on questions of law.
When the decision is brought on a
special civil action for certiorari,
prohibition, or mandamus under Rule 65
for grave abuse of discretion under
Article IX-A Section 7.
23 Contempt powers
23 COMELEC can exercise this power
only in relation to its adjudicatory or
quasi-judicial functions. It cannot
exercise this in connection with its
purely executive or ministerial
functions.
23 If it is a pre-proclamation
controversy, the COMELEC
exercisesquasi-judicialor
administrative powers.
(Sandoval v. COMELEC, G.R.
No. 133842, 2000).
24 Its jurisdiction over ‘contests’
(after proclamation) is in
exercise of its judicial functions.
(Article IX-C, Sec. 2(2)).
24 Issue writs of certiorari, prohibition and
mandamus in the exercise of its
appellate jurisdiction.
23 Decide, except those involving the right to
vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters. (Art. IX-C, Sec. 2(3)).
NOTE: These petitions are cognizable by
the Regular Courts (MTC).
24 Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and
credible elections. . (Art. IX-C, Sec.2 (4)).
NOTE:
23 This power is not limited to the election
period.
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2. Applies to both criminal and
administrative cases. (Ejercito v.
COMELEC, G.R. No. 212398, 2004).
23 Register political parties, organizations, or
coalitions, accredit citizens’ arms of the
Commission on Elections. (Art. IX-C,
Sec.2(5)).
NOTE:
23 Political parties, etc. must present their
platform or program of government.
24 There should be sufficient publication.
25 Groups that cannot be registered:
23 Religious denominations/ sects
24 Those that seek to achieve their
goals through violence or unlawful
means
25 Those that refuse to uphold and
adhere to the Constitution
26 Those supported by any foreign
government e.g., receipt of financial
contributions related to elections
24 File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting elections frauds, offenses and
malpractices. (Art. IX-C, Sec.2(6)).
NOTE:
23 COMELEC has EXCLUSIVE
JURISDICTION to investigate and
prosecute cases for violations of
election laws.
24 COMELEC can deputize prosecutors for
this purpose. The actions of the
prosecutors are the actions of the
COMELEC.
25 COMELEC can conduct preliminary
investigation on election cases falling
within its jurisdiction
25 Recommend to the Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted, and
to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance
candidacies. (Art. IX-C Sec.2(7)).
26 Recommend to the President the removal of
any officer or employee it has deputized, or
the imposition of any other disciplinary
action, for violation or disregard of, or
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disobedience to its directive, order, or
decision. (Art. IX-C Sec.2(8)).
23 Submit to the President and the Congress a
comprehensive report on the conduct of
each election, plebiscite, initiative,
referendum, or recall. (Art. IX-C Sec.2(9)).
23 What is the vote requirement for a valid
COMELEC en Banc resolution?
A majority of the votes, or 4 votes. If the six
members are evenly divided, the Commission
on Elections should rehear the case (Sevilla v.
COMELEC, G.R. 203833, 2013).
23 What political parties and organizations
may not be registered?
23 Religious denominations/ sects
24 Those that seek to achieve their goals
through violence or unlawful means
25 Those that refuse to uphold and adhere
to the Constitution
26 Those supported by any foreign
government e.g., receipt of financial
contributions related to elections (Art.
IX-C Sec.2(5)).
Q: Powers not given to COMELEC.
0 Decide questions involving the right to vote
(placed under jurisdiction of courts) (Art. IX-
C Sec. 2(3); Sec. 33, R.A. No. 8189);
1 Transfer municipalities from one
congressional district to another for the
purpose of preserving proportionality.
(Montejo v. COMELEC, G.R. No. 118702,
1995).
0 Can the COMELEC disqualify candidates
who cannot wage a nationwide campaign
and are not nominated by a political party as
candidates in elections?
Yes. The equal access to opportunities for public
office under Article II is not self-executory. It
neither bestows a right nor elevates the privilege
to the level of an enforceable right. Such
privilege may be subjected to limitations.
(Chavez v. COMELEC, G.R. No. 161872, April
13, 2004)
C. The Commission on Audit
0 What are the powers and duties of the
COA?
0 Examine, audit, and settle all accounts
pertaining to:
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0 Revenue and receipts of funds or
property
1 Expenditures and uses of funds or
property owned or held in trust by, or
pertain to:
I. The Government
0 Any of its subdivisions, agencies or
instrumentalities
0 GOCCs with original charters. (Art.
IX-D, Sec. 2(1)).
1 COA is endowed with enough latitude to
determine, prevent and disallow
irregular,unnecessary,excessive,
extravagant or unconscionable
expenditures of government funds. In
resolving cases brought before it on
appeal, respondent COA is not required
to limit its review only to the grounds
relied upon by a government agency’s
auditor with respect to disallowing
certain disbursements of public funds. In
consonance with its general audit
power, respondent COA is not merely
legally permitted, but is also duty-bound
to make its own assessment of the
merits of the disallowed disbursement
and not simply restrict itself to reviewing
the validity of the ground relied upon by
the auditor of the government agency
concerned. To hold otherwise would
render COA’s vital constitutional power
unduly limited and thereby useless and
ineffective. (Yap v.
Commission on Audit, G.R. No.158562,
2010).
0 Conduct post-audit with respect to the
following:
a. Constitutional bodies, commissions, and
offices granted fiscal autonomy
b. Autonomous state colleges and
universities
c. GOCCs and their subsidiaries
incorporated under the Corporation
Code
0 Non-governmental entities receiving
subsidy or equity, directly or indirectly,
from or through the government, which
are required by law the granting
institution to submit to such audit. (Art.
IX-D, Sec.2(1)).
0 Classify the functions of the COA.
23 Examine and audit all of government
revenues
24 Examine and audit all forms of government
expenditures
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23 Settle government accounts
24 Promulgate accounting and auditing rules
including those for the prevention and
disallowance of irregular, unnecessary,
excessive, extravagant or unconscionable
expenditures.
25 Decide administrative cases involving
expenditures of public funds
23 A was a career ambassador when he
accepted an ad interim appointment as
Cabinet member. The COA bypassed his ad
interim appointment, however, and he was
not reappointed. Can he re-assume his
position as a career ambassador?
No. His ad interim appointment as a Cabinet
member was a permanent appointment. He
abandoned his position as Ambassador when he
accepted his appointment as Cabinet Member
because as Cabinet Member, he could not hold
any other office during his tenure.
23 PROHIBITED OFFICES AND
INTERESTS
24 JURISDICTION OF EACH
CONSTITUTIONAL COMMISSION
23 Does the COMELEC have jurisdiction over
intra-party disputes?
The COMELEC’s jurisdiction over intra-party
disputes is limited. It does not have blanket
authority to resolve any and all controversies
involving political parties. Political parties are
generally free to conduct their activities without
interference from the state. The COMELEC may
intervene in disputes internal to a party only
when necessary to the discharge of its
constitutional functions.
The COMELEC’s jurisdiction over intra-party
leadership disputes has already been settled by
the Court. The Court ruled in Kalaw v.
COMELEC that the COMELEC’s powers and
functions under Section 2, Article IX-C of the
Constitution, include the ascertainment of the
identity of the political party and its legitimate
officers responsible for its acts. The Court also
declared that the COMELEC’s power to register
political parties necessarily involved the
determination of the persons who must act on its
behalf. Thus, the COMELEC may resolve an
intra-party leadership dispute, in a proper case
brought before it, as an incident of its power to
register political parties. (Matias v. COMELEC,
G.R. No. 188920, 2010).
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Is the election of Sangguniang Kabataan (SK)
members within the jurisdiction of the
COMELEC?
No, the conduct of election, and contests
involving the election of SK officials do not fall
within the jurisdiction of COMELEC. Thus, it was
within the authority of the DILG Secretary to
exempt a local government unit from holding SK
elections. (Alunan v. Mirasol, G.R. No. 122250 &
122258, July 21, 1997).
However, it should be noted that before
proclamation, cases concerning eligibility of SK
officers and members are cognizable by the
Election Officer which is under the DILG. But
after the election and proclamation, the same
cases become quo warranto cases cognizable
by MTCs, MCTCs, and MeTCs. (Marquez, v.
COMELEC, G.R. No. 127318, 1999).
Does the COA have jurisdiction over the
Local Water Utilities Administration?
Yes. A water district is a GOCC with a special
charter. Under Section 2, Subdivision D, Article
IX of the 1987 Constitution, it is the mandate of
the COA to audit all government agencies,
including GOCCs with original charters. (Barbo
v. COA G.R. No. 157542, 2008)
If COA finds the internal control system of
audited agencies inadequate, COA may adopt
measures, including temporary or special pre-
audit, as necessary to correct deficiencies. (Art.
IX-D, Sec.1(1)).
Keep the general accounts of the government,
preserving vouchers and other supporting
papers pertaining thereto. (Art.IX-D, Sec. 2(1)).
Exclusive authority to define the scope of COA’s
audit and examination and to establish the
techniques and methods required. (Art.IX-D,
Sec. 2(2)).
Promulgate accounting and auditing rules and
regulations:
Including those for the prevention or
disallowance of irregular, unnecessary,
excessive, extravagant, or
unconscionable expenditures of
government funds and properties.
Failure to comply with these rules can be a
ground for disapproving the payment of
a proposed expenditure.
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(Caltex v. COA, G.R. No. 92585, 1992).
Do the Boy Scouts of the Philippines (BSP)
fall under the COA’s audit jurisdiction? Yes.
The Supreme Court held that not all
corporations, which are not government owned
or controlled, are ipso facto private corporations
as there exists another distinct class of
corporations or chartered institutions which are
otherwise known as “public corporations.” These
corporations are treated by law as agencies or
instrumentalities of the government which are
not subject to the tests of ownership or control
and economic viability but to a different criteria
relating to their public purposes/interests or
constitutional policies and objectives and their
administrative relationship to the government or
any of its departments or offices.
As presently constituted, the BSP is a public
corporation created by law for a public purpose,
attached to the Department of Education Culture
and Sports pursuant to its Charter and the
Administrative Code of 1987.
It is not a private corporation which is required to
be owned or controlled by the government and
be economically viable to justify its existence
under a special law. The economic viability test
would only apply if the corporation is engaged in
some economic activity or business function for
the government, which is not the case for BSP.
Therefore, being a public corporation, the funds
of the BSP fall under the jurisdiction of the
Commission on Audit. (Boy Scouts of the
Philippines v. COA, G.R. No. 177131, 2011)
Q; Is the Manila Economic and Cultural
Office subject to audit by the COA?
Yes, it is subject to the audit by COA for the
consular fees and verification fees it collects
because these are government funds.
MECO is sui generis. It was established when
the Philippines severed diplomatic relations with
Taiwan upon recognition of China. None of its
members are government officials. It is neither a
GOCC nor an instrumentality. Its functions are of
a kind that would otherwise be performed by the
diplomatic and consular offices of the
Philippines.
Although MECO is neither a GOCC nor a
government instrumentality and despite its non-
governmental character, MECO handles
government funds in the form of the "verification
fees" it collects on behalf of the DOLE and the
"consular fees" it collects under Section 2(6) of
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EO No. 15, s. 2001. Hence, under existing laws,
the accounts of the MECO pertaining to its
collection of such "verification fees" and
"consular fees" should be audited by the COA.
(Funa v. MECO, G.R. No. 193462, 2014).
Are water districts within the coverage of the
COA?
Yes. A water district is a GOCC with a special
charter since it is created pursuant to a special
law. Thus, COA has the authority to investigate
whether directors, officials or employees of
GOCCs receiving allowances and bonuses are
entitled to such benefits under applicable laws.
(Zamboanga Water District v. COA, G.R. No.
213472, 2016).
Can COA disallow TESDA from paying a
healthcare allowance to their employees?
Yes. TESDA is a government instrumentality,
and thus, under the coverage of COA. COA is
generally accorded complete discretion in the
exercise of its constitutional duty and
responsibility to examine and audit expenditures
of public funds. Only in instances when COA
acts without or in excess of jurisdiction or with
grave abuse of discretion amounting to lack or
excess of jurisdiction shall the Court interfere.
(TESDA v. COA, G.R. No. 196418, Feb 10,
2015).
REVIEW OF FINAL ORDERS,
RESOLUTIONS AND DECISIONS
What cases decided by COMELEC are
subject to judicial review?
Decisions or determinations by COMELEC in
the exercise of its administrative (not quasi-
judicial) power may be questioned in an ordinary
civil action before the trial court. (Filipinas
Engineering & Machine Shop v. Ferrer, G.R. No.
L-31455, 1985).
If the COMELEC, in deciding a case, is
exercising quasi-judicial functions, the remedy is
to go to the Supreme Court via Rule 65 (Rule
64, Rules of Court).
Who has jurisdiction to determine the
presence of “probable cause” in election
cases?
The finding of probable cause and the
prosecution of election offenses rest in the
COMELEC’s sound discretion. (Baytan v.
COMELEC G.R. No. 153945, Feb 4, 2003).
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The Chief State Prosecutor, who may have been 4. Private enterprises performing public
designated by the COMELEC to prosecute a services (City of Manila v. Chinese
criminal action, merely derives his authority from Community of Manila, G.R. No. L-14355,
the COMELEC. It is beyond his power to oppose 1919).
the appeal made by COMELEC. (Comelec v.
Silva, G.R. No. 129417, 1998). Q. What are the differences among the three
powers of the State?
How is judicial review of COMELEC
decisions invoked? Police Eminent Taxation
A petition for certiorari via Rule 65 of the ROC is Power Domain
Authority Government May be Gov’t or
filed with the SC within 30days from receipt of a or its political granted to its political
copy of a final order, ruling, or decision of the subdivisions public subdivisio
Commission en banc. (Aratuc v. Comelec, G.R. service ns
No. L-49705-09, 1979). companies
or public
utilities
Purpose Regulation Property is Property
BILL OF RIGHTS for promotion “taken” is taken
of general public use or for the
welfare and benefit – support of
FUNDAMENTAL POWERS OF THE the public compensable Gov’t
good – not
STATE compensable
Persons Community An entity or Communit
What are the inherent or fundamental powers affected or class of Individual y or class
entities or of entities
of the State? individuals or
Police Power individuals
Power of eminent domain Effect No transfer Transfer of Becomes
Taxation of title, at the right to part of
most there is property public
a restraint on whether it be funds
These belong to the very essence of the injurious ownership or
government, without which no government can use of the to a lesser
exist; a constitution does not grant such powers property right
to government; a constitution can only define Benefits No direct and Market value Receives
Received immediate of property equivalent
and delimit them and allocate their exercise by benefit, only taken of the tax
among various government agencies. Person what may in form of
Affected arise from protection
Q: Who may exercise police power? maintenance and
of a healthy benefits
It is vested in the Legislature and may be economic from
delegated, within limits, to local governments. standard of governme
(Philippine Association of Service Exporters v. society nt
Drilon, G.R. No. 81958, 1988). Amount What is Market value Generally
sufficient to of property no limit;
cover cost of taken subject to
Who may exercise the power of taxation? It is license and due
vested in the Legislature, and is delegated to: other process
Local legislative bodies, (Sec. 5, Art. X). necessary
expenses
To a limited extent, the President when granted
tariff powers. (Sec. 28(2), Art. VI).
Q. What are the requirements for the validity
Who may exercise the power of eminent of local ordinance? (COD-PUT)
domain? Must not contravene with the Constitution and
It is vested in the Legislature and, may be any other statute
delegated to the: Must not be unfair or Oppressive
President Must not be partial or Discriminatory
Administrative bodies Must be general and consistent with Public
Local government units policy
Must not be Unreasonable
Must not prohibit, but may regulate Trade (City
of Manila v. Laguio, G.R. No. 118127,

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2005).
PRIVATE ACTS AND THE BILL OF
RIGHTS
Are private acts subject to the protection of
the Bill of Rights?
No, by definition, the Bill of Rights is a set of
prescriptions setting forth the fundamental civil
and political rights of the individual, and
imposing limitations on the powers of the
government as a means of securing the
enjoyment of those rights. (Nachura).
If the violation is by private individuals, the
remedy is found in the Civil Code, or if proper, in
the Revised Penal Code. (Bernas, The 1987
Constitution of the Republic of the Philippines,
2009 ed.)
Q: Who are protected by Due Process?
All natural persons
Artificial persons – only insofar as their property
is concerned. (Smith Bell & Co. v. Natividad,
G.R. No. 15574, 1919).
Is Constitutional Due Process different from
Statutory Due Process?
Yes. The Due Process Clause in Article III,
Section 1 of the Constitution embodies a system
of rights based on moral principles so deeply
imbedded in the traditions and feelings of our
people as to be deemed fundamental to a
civilized society as conceived by our entire
history. It is a constitutional restraint on the
legislative as well as on the executive and
judicial powers of the government provided by
the Bill of Rights. On the other hand, Statutory
due process is a procedure created by law,
which upholds the constitutional right of a
person to due process.
DUE PROCESS – THE RIGHTS TO
LIFE, LIBERTY & PROPERTY
RELATIVITY OF DUE PROCESS
Is the right to a preliminary investigation a
Constitutional right?
No, it is merely a statutory right. It is required
before the filing of a complaint or information for
an offense where the penalty prescribed by law
is at least 4 years, 2 months and 1 day, without
regard to the fine. (Serapio v. Sandiganbayan,
G.R. No. 148468, Jan. 28, 2003).
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PROCEDURAL AND SUBSTANTIVE DUE
PROCESS
CONSTITUTIONAL AND STATUTORY
DUE PROCESS
HEIRARCHY OF RIGHTS
Is there a hierarchy of rights in Article III?
Yes. While the Bill of Rights also protects
property rights, the primacy of human rights over
property rights is recognized.
Property and property rights can be lost thru
prescription; but human rights are
imprescriptible. The superiority of these
freedoms over property rights is underscored by
the fact that a mere reasonable or rational
relation between the means employed by the
law and its object or purpose — that the law is
neither arbitrary nor discriminatory nor
oppressive — would suffice to validate a law
which restricts or impairs property rights.
(Philippine Blooming Mills Employment
Organization v. Philippine Blooming Mills Co.,
G.R. No. L-31195, June 5, 1973).
What are the requisites of a valid exercise of
police power in connection with substantive
due process?
The interest of the public generally, as
distinguished from those of a particular
class, require such interference.
That the means are reasonably necessary for
the accomplishment of the purpose and not
unduly oppressive upon individual. (U.S. v.
Toribio, G.R. No. L-5060, 1910).
5. JUDICIAL STANDARDS OF REVIEW
What are the elements of due process in
judicial proceedings? (Ju3NO)
An impartial court or tribunal clothed with judicial
power to hear and determine the matter
before it.
Jurisdiction must be lawfully acquired over the
person or subject matter.
Judgment must be rendered upon a lawful
hearing.
The defendant must be given notice and an
opportunity to be heard.
What are the elements of due process in
administrative proceedings? (HIP DESK)
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The right to a hearing, which includes the right
to present one’s case and submit evidence
in support thereof.
The tribunal or body or any of its judges must
act on its or his own independent
consideration of the law and facts of the
controversy, and not simply accept the views
of a subordinate in arriving at a decision.
The decision must be based on the evidence
presented at the hearing or at least
contained in the record and disclosed to the
parties affected.
The decision must have something to support
itself.
The tribunal must consider the evidence
presented.
Evidence supporting the conclusion must be
substantial.
The board or body should, in all controversial
questions, render its decision in such a
manner that the parties to the proceeding
can know the various issues involved and
the reasons for the decision rendered
What are the instances when hearings are
not necessary?
1. When administrative agencies are exercising
their quasi-legislative functions
2. When administrative agencies are exercising
their quasi-judicial functions if temporary
pending hearing.
Abatement of nuisance per se
Granting by courts of provisional remedies
Cases of preventive suspension
Removal of temporary employees in the
government
Issuance of warrants of distraint and/or levy by
the BIR Commissioner.
Cancellation of the passport of a person charged
with a crime.
Suspension of a bank’s operations by the
Monetary Board upon a prima facie finding
of liquidity problems in such bank.
What are the minimum standards of due
process in student disciplinary cases? (IA-
IAC)
The students must be informed in writing of the
nature and the cause of any accusation
against them
They shall have the right to answer the charges
against them, with the assistance of
counsel, if desired
They shall be informed of the evidence
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against them
They shall have the right to adduce evidence in
their own behalf
The evidence must be duly considered by the
investigating committee or official
designated by the school authorities to hear
and decide the case.
Is the Philippine Military Academy (PMA)
bound by the due process standards in
student disciplinary cases?
Yes. The PMA is not immune from the strictures
of due process. The statement that “a cadet can
be compelled to surrender some civil rights and
liberties in order for the Code and System to be
implemented” simply pertains to what cadets
have to sacrifice in order to prove that they are
men or women of integrity and honor, such as
the right to entertain vices and the right to freely
choose what they want to say or do. In the
context of disciplinary investigation, it does not
contemplate a surrender of the right to due
process but, at most, refers to the cadets’ rights
to privacy and to remain silent. (First Class
Cadet Aldrin Jeff P. Cudia of the PMA v. The
Superintendent of the PMA, G.R. No. 211362,
February 24, 2015.)
Q. What are the requirements of due process
in deportation proceedings? (SP-CP)
Charges against alien must Specify the acts or
omissions complained of
Preliminary investigation – to determine whether
there is sufficient cause to charge
respondent with deportation
Follow rules of Criminal procedure
Private prosecutors should NOT be allowed to
intervene.
Does media coverage in criminal cases
violate the right of the accused to a fair trial?
Not necessarily. The right of an accused to a fair
trial is not incompatible to a free press, that
pervasive publicity is not per se prejudicial to the
right of an accused to a fair trial, and that there
must be allegation and proof of the impaired
capacity of a judge to render a bias-free
decision. The Court partially granted pro hac
vice petitioners’ prayer for a live broadcast of the
trial court proceedings, subject to strict
guidelines. (In Re: Petition For Radio And TV
Coverage Of The Multiple Murder Case Against
Zaldy Ampatuan Et Al., A.M. No. 10-11-5-SC,
2011.)
6. VOID FOR VAGUENESS DOCTRINE
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What is the Void for Vagueness doctrine? A
law is vague when it lacks comprehensible
standards such that men of common intelligence
must necessarily guess as to its meaning and
differ as to its application. It should be
distinguished from those couched in imprecise
language which can be saved by proper
construction. (Romualdez v. Sandiganbayan,
G.R. No. 152259, 2004).
Does the RH Law suffer void for vagueness
due to the insufficiency of definition of some
terms?
No. A statute or act suffers from the defect of
vagueness when it lacks comprehensible
standards that men of common intelligence must
necessarily guess its meaning and differ as to its
application. It is repugnant to the Constitution in
two respects: (1) it violates due process for
failure to accord persons, especially the parties
targeted by it, fair notice of the conduct to avoid;
and (2) it leaves law enforcers unbridled
discretion in carrying out its provisions and
becomes an arbitrary flexing of the Government
muscle. Moreover, in determining whether the
words used in a statute are vague, words must
not only be taken in accordance with their plain
meaning alone, but also in relation to other parts
of the statute. It is a rule that every part of the
statute must be interpreted with reference to the
context, that is, every part of it must be
construed together with the other parts and kept
subservient to the general intent of the whole
enactment.
As correctly noted by the OSG, in determining
the definition of "private health care service
provider," reference must be made to Section
4(n) of the RH Law which defines a "public
health service provider," (Imbong v. Ochoa, G.R.
204819, April 2014).
Is “aiding or abetting” in the commission of
any offense or “attempting” to commit any
offense punished in the Cybercrime
Prevention overbroad?
Yes. A user can post a statement, a photo or a
video on Facebook. If the post is made available
to the public, anyone can react by clicking “Like.”
“Comment” enables him to post on line his
feelings or views. “Share” make it visible to his
friends. Except for the original author of the
assailed statement, the rest are knee-jerk
sentiments of readers who may thing littler or
haphazardly of their response to the posting.
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Unless the law takes to account the unique
circumstances and culture of cyberspace, such
a law will create a chilling effect on those who
express themselves through cyberspace. Thus,
Section 5, which punishes “aiding or abetting”
libel on cyberspace is void. (Disini v. Secretary
of Justice, G.R. No. 203335 February 18, 2014.)
D. EQUAL PROTECTION
CONCEPT
REQUISITES FOR VALID CLASSIFICATION
It must be based on substantial distinctions;
It must be germane to the purpose of the
law;
It must not be limited to existing conditions
only; and
It must apply equally to all members of the
class (PAGCOR v. BIR, G.R. No.
172087, 2011).
STANDARDS OF JUDICIAL REVIEW
What is the doctrine of Relative
Unconstitutionality?
A statute valid at one time may become void at
another time because of altered circumstances.
Thus, if a statute in its practical operation
becomes arbitrary or confiscatory, its validity,
even though affirmed by a former adjudication, is
open to inquiry and investigation in the light of
changed conditions. (Central Bank Employees
Association, Inc. v. Bangko Sentral ng Pilipinas,
G.R. No. 148208, Dec. 15, 2004).
Distinguish between strict judicial scrutiny,
intermediate scrutiny and rational basis
scrutiny, the three test for the
reasonableness of classification.
Rational basis - challenged classification
needs only be shown to be rationally
related to serving a legitimate state
interest.
Intermediate - challenged classification
serves an important state interest and
that the classification is at least
substantially related to serving that
interest.
Strict - classification is necessary to achieve
a compelling state interest and that it is
the least restrictive means to protect
such interest. (White Light Corporation
v. City of Manila, G.R. No. 122846,
2009).
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Is there a substantial distinction between
elective and appointive officials?
Yes. The former occupy their office by virtue of
the mandate of the electorate. They are elected
to an office for a definite term and may be
removed therefrom only upon stringent
conditions. On the other hand, appointive
officials hold their office by virtue of their
designation thereto by an appointing authority.
Some appointive officials hold their office in a
permanent capacity and are entitled to security
of tenure while others serve at the pleasure of
the appointing authority. (Eleazar P. Quinto and
Gerino A. Tolentino, Jr., vs. COMELEC, G.R.
No. 189698, February 22, 2010).
Does Section 6 of the Cybercrime Prevention
Act, punishing by one degree higher crimes
committed through the internet, violate equal
protection?
No. There is substantial distinction between
crimes committed through the use of information
technology and similar crimes using other
means. In every cybercrime, the offender often
evades identification and is able to reach more
victims or cause more harm. (Disini vs.
Secretary of Justice, G.R. No. 203335, February
18, 2014).
Does the RH Law violate the right to equal
protection of the law such that it
discriminates against the poor as it makes
them the primary target of the government
program that promotes contraceptive use
rather than promoting reproductive health
among the poor?
No. To provide that the poor are to be given
priority in the government's reproductive health
care program is not a violation of the equal
protection clause. In fact, it is pursuant to
Section 11, Article XIII of the Constitution which
recognizes the distinct necessity to address the
needs of the underprivileged by providing that
they be given priority in addressing the health
development of the people. Section 7 of the RH
Law prioritizes poor and marginalized couples
who are suffering from fertility issues and desire
to have children. Thus, there is no merit to the
contention that the RH Law only seeks to target
the poor to reduce their number. (Imbong v.
Ochoa, G.R. 204819, April 2014).
E. SEARCHES AND SEIZURES
CONCEPT
WARRANT REQUIREMENT
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What are the requisites for searches and
seizures with a valid warrant?
CODE: JPEPO
The existence of probable cause is determined
personally by the JUDGE.
It must be issued upon a finding of
PROBABLE CAUSE.
The judge must EXAMINE UNDER OATH the
complainant and the witnesses he may
produce.
The warrant must PARTICULARLY DESCRIBE
the place to be searched and person or
things to be seized.
It must be in connection with ONE SPECIFIC
offense. (Art. III, Sec.2)
Must the judge personally examine the
complainant and the witnesses?
No. The judge is not required to examine
personally. He is only required to determine
probable cause personally. He may satisfy
himself by fiscal reports, if not, he may require
submission of affidavit of witnesses. (Soliven v.
Makasiar, G.R. No. 82585, 1988).
Q. What is the requirement for a John Doe
warrant to be valid?
It must contain a descriptio personae
(description of the person) such as to enable the
officer to identify the accused. (People v. Veloso,
G.R. No. L-23051, 1925).
3. WARRANTLESS SEARCHES
Q: When can there be warrantless searches?
Waiver of right
Incidental to a lawful arrest
Plain view doctrine
During exigent and emergency situations
Moving vehicle
Stop and frisk rule
Seizure of goods concealed to avoid customs
duties
Airport searches
Checkpoints
Warrantless search by a private individual
Can the right against unreasonable search
and seizure be invoked against acts of a
private individual?
No. The protection against unreasonable
searches and seizures cannot be extended to
acts committed by private individuals so as to
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bring it within the ambit of alleged unlawful escaped.

intrusion by the government. (People v. Marti,
G.R. No.81561, January 18, 1991). What is the rule on the issuance of warrants
of arrest or search warrants? GENERAL
What are the requisites of the plain view RULE: Only a judge may validly issue a warrant
doctrine? of arrest or a search warrant, upon fulfillment of
REQUISITES: (VIAJ) Constitutional requirements. (Salazar v.
There was a prior valid intrusion Achacoso, G.R. No. 81510, 1990).
The evidence was inadvertently discovered
The evidence is immediately apparent EXCEPTION: Orders of arrest may be issued by
Plain view is justified seizure without further Administrative Authorities, but only for the
search. (Miclat v. People, G.R. No. 176077, purpose of carrying out a final finding of a
2011). violation of law. (Morano v. Vivo, G.R. No. L-
22196, 1967).
Q: What is the exclusionary rule? E.g.
Any evidence obtained in violation of the Order or deportation (Domingo v. Sheer,
proscription against warrantless searches and G.R. No. 154745, 2004)
seizure shall be inadmissible for any purpose in Order of Contempt (Cruz v. Gingoyon, G.R.
any proceeding. However, in the absence of No. 170404, 2011)
governmental interference, the protection
against unreasonable search and seizure cannot Are search warrants, which allowed the
be extended to acts committed by private seizure of over 100 items from offices
individuals. (People v. Marti, supra.) suspected of conducting illegal toll bypass
operations, general warrants?
WARRANTLESS ARRESTS No, they are not general warrants if it is
established that the items to be searched are
Differentiate arrests with warrants from connected to the crime involved.
warrantless arrests. A search warrant fulfills the requirement of
particularity in the description of the things to be
seized when the things described are limited to
Arrest with Warrant Warrantless Arrests those that bear a direct relation to the offense for
• The existence of •When the person to which the warrant is being issued. (Worldwide
probable cause is be arrested has Web Corporation v. People, G.R. 161106, Jan
determined COMMITTED, is 13, 2014).
personally by the actually
JUDGE. COMMITTING, or is May the right to question the irregularity of a
• It must be issued ABOUT TO warrantless arrest be subject to waiver or
upon PROBABLE COMMIT an offense
estoppel?
CAUSE. in the PRESENCE
• The judge must of the arresting Yes. An accused is already estopped from
EXAMINE UNDER officer. assailing any irregularity of his arrest if he fails to
OATH the •When an offense raise this issue or to move for the quashal of the
complainant and the has in fact just been information against him on this ground before
witnesses he may committed and the arraignment. Thus, any objection involving a
produce. arresting officer has warrant of arrest or the procedure by which the
• The warrant must probable cause to court acquired jurisdiction of the person of the
PARTICULARLY believe based on accused must be made BEFORE he enters his
DESCRIBE the PERSONAL
plea; otherwise, the objection is deemed
person to be KNOWLEDGE of
arrested. facts and
waived. (People v. Velasco, G.R. No. 190318,
•Itmustbein circumstances November 26, 2013).
connection with ONE indicating that the
SPECIFIC offense. person to be ADMINISTRATIVE ARRESTS
arrested has DRUG, ALCOHOL AND BLOOD TESTS
committed it.
•When the person to May mandatory drug tests be validly
be arrested is a conducted in schools and private offices?
PRISONER who has

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Yes. The drug test prescribed under Sec. 36(c),
(d), and (f) of RA 9165 for secondary and tertiary
level students and public and private employees,
while mandatory, is a random and suspicion-less
arrangement. The objective is to stamp out
illegal drug and safeguard in the process "the
well being of [the] citizenry, particularly the
youth, from the harmful effects of dangerous
drugs." This statutory purpose, per the policy -
declaration portion of the law, can be achieved
via the pursuit by the state of "an intensive and
unrelenting campaign against the trafficking and
use of dangerous drugs x x x through an
integrated system of planning, implementation
and enforcement of anti - drug abuse policies,
programs and projects." The primary legislative
intent is not criminal prosecution, as those found
positive for illegal drug use as a result of this
random testing are not necessarily treated as
criminals. They may even be exempt from
criminal liability should the illegal drug user
consent to undergo rehabilitation. (SJS v. DDB
and PDEA, GR No: 157870, Nov. 3, 2008).
May persons arrested for crimes be the
subject of mandatory drug tests?
There is no valid justification for mandatory drug
testing for persons accused of crimes. In the
case of students, the constitutional viability of
the mandatory, random, and suspicion-less drug
testing for students emanates primarily from the
waiver by the students of their right to privacy
when they seek entry to the school, and from
their voluntarily submitting their persons to the
parental authority of school authorities.
In the case of private and public employees, the
constitutional soundness of the mandatory,
random, and suspicion-less drug testing
proceeds from the reasonableness of the drug
test policy and requirement.
The situation is entirely different in the case of
persons charged before the public prosecutor's
office with criminal offenses punishable with six
(6) years and one (1) day imprisonment.
The operative concepts in the mandatory drug
testing are "randomness" and "suspicion -less."
In the case of persons charged with a crime
before the prosecutor's office, a mandatory drug
testing can never be random or suspicion- less.
They are not randomly picked; neither are they
beyond suspicion. When persons suspected of
committing a crime are charged, they are
singled out and are impleaded against their will.
The persons thus charged, by the bare fact of
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being haled before the prosecutor's office and
peaceably submitting themselves to drug
testing, if that be the case, do not necessarily
consent to the procedure, let alone waive their
right to privacy.
To impose mandatory drug testing on the
accused is a blatant attempt to harness a
medical test as a tool for criminal prosecution,
contrary to the stated objectives of RA 9165.
Drug testing in this case would violate a persons'
right to privacy guaranteed under Sec. 2, Art. III
of the Constitution. Worse still, the accused
persons are veritably forced to incriminate
themselves. (SJS v. DDB and PDEA, supra).
F. PRIVACY OF COMMUNICATIONS
AND CORRESPONDENCE
PRIVATE AND PUBLIC
COMMUNICATIONS
INTRUSION, WHEN ALLOWED
Q: What are “Zones of Privacy”?
Zones of privacy are recognized and protected
in our laws. Within these zones, any form of
intrusion is impermissible unless excused by law
and in accordance with customary legal process.
The meticulous regard we accord to these zones
arises not only from our conviction that the right
to privacy is a “constitutional right” and “the right
most valued by civilized men,” but also from our
adherence to the Universal Declaration of
Human Rights which mandates that, “no one
shall be subjected to arbitrary interference with
his privacy” and “everyone has the right to the
protection of the law against such interference or
attacks.” Thus, the two constitutional guarantees
create these zones of privacy: (a) the right
against unreasonable searches and seizures,
which is the basis of the right to be let alone,
and (b) the right to privacy of communication
and correspondence. In assessing the challenge
that the State has impermissibly intruded into
these zones of privacy, a court must determine
whether a person has exhibited a reasonable
expectation of privacy and, if so, whether that
expectation has been violated by unreasonable
government intrusion. (Disini v. Sec. of Justice,
G.R. No. 203335, Feb. 11, 2014)
WRIT OF HABEAS DATA
Q: What is the Writ of Habeas Data?
A remedy available to any person whose right to
privacy in life, liberty or security is violated or
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threatened by an unlawful act or omission of a
public official or employee, or of a private
individual or entity engaged in the gathering,
collecting or storing of data or information
regarding the person, family, home and
correspondence of the aggrieved party. (Sec. 1,
A.M. No. 08-1-16-SC)
Is there an expectation of privacy in an
Online Social Network activity?
Before one can have an expectation of privacy
in his or her Online Social Network activity, it is
first necessary that said user manifest the
intention to keep certain posts private. In the
cyber world, utilization of privacy tools is the
manifestation of the user’s invocation of his or
her right to informational privacy. Considering
that the default setting for Facebook posts is
“Public,” it can be surmised that the photographs
in question were viewable to everyone on
Facebook, absent any proof that petitioners’
children positively limited the disclosure of the
photograph. If such were the case, they cannot
invoke the protection attached to the right to
informational privacy.
That the photos are viewable by “friends only”
does not necessarily bolster the petitioners’
contention. In this regard, the cyber community
is agreed that the digital images under this
setting still remain to be outside the confines of
the zones of privacy in view of the following: (1)
Facebook “allows the world to be more open
and connected by giving its users the tools to
interact and share in any conceivable way”; (2) A
good number of Facebook users “befriend” other
users who are total strangers; (3) The sheer
number of “Friends” one user has, usually by the
hundreds; and (4) A user’s Facebook friend can
“share” the former’s post, or “tag” others who are
not Facebook friends with the former, despite its
being visible only to his or her own Facebook
friends. Setting a post’s or profile detail’s privacy
to “Friends” is no assurance that it can no longer
be viewed by another user who is not Facebook
friends with the source of the content. (Vivares
v. St. Theresa’s College, G.R. No. 202666,
September 29, 2014).
G. FREEDOM OF EXPRESSION
1. CONCEPT AND SCOPE
What are the 2 aspects of Freedom of
Expression?
1. Prior restraint - Official government
restrictions on the press or other forms of
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expression in advance of actual publication or
dissemination are constitutionally
impermissible. (Chavez v. Gonzales, G.R.
No. 168338, 2008).
Subsequent punishment - The guarantee of
freedom of expression also means a
limitation on the power of the State to impose
subsequent punishment, after publication.
(Soriano v. Laguardia, G.R. 164785, 2009,
Dissenting opinion J. Carpio).
What are the exceptions to freedom from
prior restraint?
1. When the nation is at war
2. Obscene publications
3. Security of community life may be protected
against incitements to violence or overthrow
of orderly government. (Near v. Minnesota
283 U.S. 697, 1931).
CONTENT-BASED AND CONTENT-
NEUTRAL REGULATIONS
Distinguish content-neutral from content-
based regulations.
Content-based restriction is based on the
subject matter of the utterance or speech and
thus treated as more suspect than content-
neutral laws because of judicial concern with
discrimination in the regulation of expression.
Content-neutral regulation is merely
concerned with the incidents of the speech, or
one that merely controls the time, place or
manner, and under well -defined standard.
Content -neutral regulations of speech or of
conduct that may amount to speech are subject
to lesser but still heightened scrutiny.
(Newsounds Broadcasting Network v. Dy, G.R.
Nos. 170270 & 179411, April 2, 2009).
(a) Tests
What is an example of content-based and
content-neutral regulations?
Clear and Present Danger Test (Content-
based regulations) Speech may be curtailed if
the words used are used in such circumstances
and are of such nature as to create a clear and
present danger that they will bring about the
substantive evils that Congress has a right to
prevent. (Chavez v. Gonzales, G.R. No. 168338,
February 15, 2008)
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Intermediate Scrutiny Test (Content-neutral
regulations) Content-neutral government
regulation is sufficiently justified if:
it is within the constitutional power of the
Government
it furthers an important or substantial
governmental interest
governmental interest is unrelated to the
suppression of free expression
the incident restriction on alleged freedom of
speech & expression is no greater than
is essential to the furtherance of that
interest. (Chavez v. Gonzales, supra.)
Applications
The COMELEC ordered to immediately
remove a 6x10ft tarpaulin displaying the
names of electoral candidates who did and
did not vote for the adoption of the RH Law
under the headings “Team Buhay” and
“Team Patay”. Was the order of COMELEC
violated the exercise of the petitioners’ right
of freedom of speech?
Yes. The Court found that there is no compelling
and substantial state interest endangered by the
posting of the tarpaulin as to justify curtailment
of the right of freedom of expression. There is no
reason for the State to minimize the right of non-
candidate petitioners to post the tarpaulin in their
private property. (Archdiocese of Bacolod v.
COMELEC, G.R. No. 205728, 2015)
COMELEC ordered a prohibition on
exhibiting election propaganda on “mobile”
places like cars. Was the COMELEC’s
prohibition valid?
No. The Court held that the prohibition unduly
infringes on the right to free speech and
expression. It ruled that there was no public
interest substantial enough to warrant the kind of
restriction involved in this case. There was also
no showing that the prohibition served any
substantial government interest. (Adiong v.
COMELEC, G.R. No. 103956, 1992)
FACIAL CHALLENGES AND THE
OVERBREADTH DOCTRINE
Q: When is Facial Invalidation proper?
A facial challenge is allowed against vague or
overbroad statutes because of possible "chilling
effect" upon protected speech. The theory is that
"[w]hen statutes regulate or proscribe speech
and no readily apparent construction
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suggests itself as a vehicle for rehabilitating the
statutes in a single prosecution, the
transcendent value to all society of
constitutionally protected expression is deemed
to justify allowing attacks on overly broad
statutes with no requirement that the person
making the attack demonstrate that his own
conduct could not be regulated by a statute
drawn with narrow specificity." This rationale
does not apply to penal statutes. (Estrada v.
Sandiganbayan, G.R. No. 148560, Nov. 19,
2001).
Q: What is the Over-Breadth doctrine?
The doctrine provides that a government
purpose may not be achieved by means that
sweep unnecessarily broadly and thereby
invade the area of protected freedoms.
(Griswold v. Connecticut, 381 US 479, 1965
citing NAACP v. Alabama, 377 U.S. 288 (1964)).
Are void for vagueness and over-breadth
doctrine applicable to criminal statue?
No. It only applies to those involving free
speech. Criminal statue generally have in
terrorem effect resulting from the very existence,
and, if facial challenge is allowed for this reason
alone, the State may be prevented from
enacting laws against socially harmful conduct.
(Southern Hemishpere Engagement Network,
Inc v. Anti-terrorism Council, GR No. 178552,
2010).
What is the hierarchy of civil liberties? The
freedom of expression and the right of peaceful
assembly are superior to property rights. (Phil.
Blooming Mills Emp. Org. v. Phil. Blooming Mills
Co., G.R. No. L-31195, June 5, 1973).
4. TESTS
What are the tests for valid governmental
interference?
Clear And Present Danger Rule – words are
used in such circumstance and of such
nature as to create a clear and present
danger that will bring about substantive evil
that the State has the right to prevent.
(Focus on content + context) (Schenck v.
US, 249 U.S. 47, 1919)
Dangerous Tendency Rule – words uttered
create a dangerous tendency of an evil
which State has the right to prevent. (Focus
on content) (Cabansag v. Fernandez, et al.,
GR No. L-8974, 1957)
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Balancing of Interests Test – when particular
conduct is regulated in interest of public
order and the regulation results in an
indirect, conditional, partial abridgement of
speech, the duty of the courts is to
determine which of the 2 conflicting interests
demands the greater protection under the
particular circumstances presented.
(American Communications Assn. v. Douds,
339 U.S. 382, 1950).
What is the test for obscenity? (Miller
Doctrine)
1. Whether the average person, applying
contemporary community standards, would
find the work, taken as a whole, appeals to
the prurient interest.
2. Whether the work depicts or describes, in
patently offensive way, sexual conduct
specifically defined by the applicable state
law.
3. Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value. (Miller v. California, 413 U.S. 15,
1973).
Does Section 19 of the Cybercrime
Prevention Act on Restricting or Blocking
Access to Computer Data violate Freedom of
Speech?
Yes. The content of the computer data can also
constitute speech. In such a case, Section 19
operates as a restriction on the freedom of
expression over cyberspace. Certainly not all
forms of speech are protected. Legislature may,
within constitutional bounds, declare certain
kinds of expression as illegal. But for an
executive officer to seize content alleged to be
unprotected without any judicial warrant, it is not
enough for him to be of the opinion that such
content violates some law, for to do so would
make him judge, jury, and executioner all rolled
into one. Not only does Section 19 preclude any
judicial intervention, but it also disregards
jurisprudential guidelines established to
determine the validity of restrictions on speech.
(Disini v. Sec. of Justice, G.R. No. 203335, Feb.
11, 2014; See case for other provisions relating
to freedom of speech, which were upheld by the
court).
Q: Define core speech.
“Core speech” is speech that communicates
political, social, or religious ideas. It is given
greater protection than commercial speech that
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does no more than propose a commercial
transaction. e.g. advertisements.
Q: What is Symbolic Speech?
When “speech” and “non-speech” elements are
combined in the same course of conduct, a
sufficiently important government interest in
regulating the non-speech element can justify
incidental limitations on free speech. A
governmental regulation is sufficiently justified if:
It is within the Constitutional power of the
government;
It furthers an important or substantial
governmental interest unrelated to the
suppression of free expression; and
If the incidental restriction on alleged
freedom is no greater than is essential
to that interest (U.S. v. O’Brien)
What is the doctrine of fair comment? Fair
commentaries on matters of public interest are
privileged and constitute a valid defense in an
action for libel or slander.
The doctrine of fair comment means that while in
general, every discreditable imputation publicly
made is deemed false, because every man is
presumed innocent until his guilt is judicially
proved, and every false imputation is deemed
malicious, nevertheless, when the discreditable
imputation is directed against a public person in
his public capacity, it is not necessarily
actionable; unless it be a false allegation of fact
or a comment based on a false supposition.
If the comment is an expression of opinion,
based on facts, then it is immaterial that the
opinion happens to be mistaken as long as it
might reasonably be inferred from the facts.
(Borjal v. CA, GR No. 126466, 1999).
If the petitioners cannot present a permit
during a rally due to inaction of the mayors
on the applications within a reasonable time,
can they be dispersed validly?
No. After two days from submission of the
application with the local mayor and the
corresponding inaction of the said mayor, the
rallyists may conduct their rally in accordance
with their application without the need to show a
permit from the mayor, the grant of the permit
being then presumed under the law, and it will
be the burden of the authorities to show that
there has been a denial of the application, in
which case the rally may be peacefully
dispersed following the procedure of maximum
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tolerance prescribed by the law. (Bayan, 2. No excessive entanglement between religion

Karapatan, Kilusang Magbubukid ng Pilipinas and state. (Lemon v. Kurtzman, 403 U.S.
(KMP) v. Ermita, GR No. 169838, 2006). 602, 1971).

Q: What is a Heckler’s veto? 2. FREE EXERCISE CLAUSE

It involves situations in which the government
attempts to ban protected speech because it Q. What are the two aspects of free exercise
might provoke a violent response. The mere of religion?
possibility of a violent reaction to protected Freedom to believe – absolute and cannot be
speech is simply not a constitutional basis on regulated
which to restrict the right to speak. ( Roe v. Freedom to act – translation of belief to external
Crawford, No. 06 -3108, 2008). However, when acts, it can be regulated and subject to
a speaker passes the bounds of argument or police power. (Employment Division v.
persuasion and undertakes incitement to riot, Smith)
the police are not powerless to prevent a breach
of the peace. (Feiner v. New York, 340 US 315, What is the “Conscientious Objector Test”?
1951). A person who for moral or religious reasons is
opposed to participating in any war, and who
H. FREEDOM OF RELIGION may be excused from military conscription but
remains subject to service in civil work for the
NON-ESTABLISHMENT CLAUSE nation’s health, safety or interest. (Black’s law
(a) Concept and basis dictionary, 9th ed.)
(b) Acts permitted and not permitted by the
Does State-sponsored procurement of
clause
contraceptives violate the guarantee of
Differentiate non-establishment of religion religious freedom since contraceptives
from freedom of religion. contravene their religious beliefs?
No. It is not within the province of the Court to
Non-Establishment Free Exercise of determine whether the use of contraceptives or
Clause Religion one's participation in the support of modem
Does not depend upon While the non- reproductive health measures is moral from a
any showing of direct establishment clause religious standpoint or whether the same is right
governmental is absolute, the or wrong according to one's dogma or belief. For
compulsion. moment such belief the Court has declared that matters dealing with
flows over into action, "faith, practice, doctrine, form of worship,
it becomes subject to ecclesiastical law, custom and rule of a church
gov’t regulation. are unquestionably ecclesiastical matters which
Violated by the In order to show a are outside the province of the civil courts." The
enactment of laws violation of this clause, jurisdiction of the Court extends only to public
which establish an the person affected and secular morality. Whatever pronouncement
OFFICIAL RELIGION must show the the Court makes in the case at bench should be
whether those laws COERCIVE effect of understood only in this realm where it has
operate directly to the legislation as it authority. Stated otherwise, while the Court
coerce non-observing operates against him stands without authority to rule on ecclesiastical
individuals or not. in the practice of his matters, as vanguard of the Constitution, it does
religion. have authority to determine whether the RH Law
contravenes the guarantee of religious freedom.
(c) Tests
While the Constitution prohibits abortion, laws
Standard to determine compliance with the were enacted allowing the use of contraceptives.
To some medical practitioners, however, the
non-establishment clause:
whole idea of using contraceptives is an
Secular legislative purpose
anathema. Consistent with the principle of
The primary effect neither advances nor inhibits
benevolent neutrality, their beliefs should be
religion
respected.

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In the same breath that the establishment clause
restricts what the government can do with
religion, it also limits what religious sects can or
cannot do with the government. They can
neither cause the government to adopt their
particular doctrines as policy for everyone, nor
can they not cause the government to restrict
other groups. To do so, in simple terms, would
cause the State to adhere to a particular religion
and, thus, establishing a state religion. (Imbong
v. Ochoa, G.R. 204819, April 2014).
Does RH Law violates the guarantee of
religious freedom by compelling medical
health practitioners, hospitals, and health
care providers, under pain of penalty, to refer
patients to other institutions despite their
conscientious objections?
Yes. The Court is of the view that the obligation
to refer imposed by the RH Law violates the
religious belief and conviction of a conscientious
objector. Once the medical practitioner, against
his will, refers a patient seeking information on
modem reproductive health products, services,
procedures and methods, his conscience is
immediately burdened as he has been
compelled to perform an act against his beliefs.
As Commissioner Bernas has written, "at the
basis of the free exercise clause is the respect
for the inviolability of the human conscience.
(Imbong v. Ochoa, G.R. 204819, April 2014).
Can Catholic Masses be held in Halls of
Justice?
Yes. The holding of Catholic masses at the
basement of the QC Hall of Justice is not a case
of establishment, but merely accommodation.
There is no law, ordinance or circular issued
by any duly constitutive authorities
expressly mandating that judiciary
employees attend the Catholic masses
at the basement.
When judiciary employees attend the
masses to profess their faith, it is at their
own initiative, without any coercion from
the judges or administrative officers.
No government funds are being spent
because the lightings and air
conditioning continue to be operational
even if there are no religious rituals
there.
The basement has neither been converted
into a Roman Catholic chapel nor has it
been permanently
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
appropriated for the exclusive use of its
faithful.
The allowance of the masses has not
prejudiced other religions (Re: Letter of
Tony Valenciano, A.M. 10-4-19-SC,
2017)
Can religious images be displayed in
government offices?
No. In no case shall a particular part of a public
building be a permanent place for worship for
the benefit of any and all religious groups. There
shall also be no permanent display of religious
icons in all halls of justice in the country. In case
of religious rituals, religious icons and images
may be displayed but their presentation is
limited only during the celebration of such
activities. After any religious affair, the icons and
images shall be hidden or concealed from public
view. (Re: Letter of Tony Valenciano, A.M. 10-4-
19-SC, 2017)
TESTS
What is the “compelling state interest” test?
The state has the burden of justifying any
possible incursion into the exercise of religion.
The process involves three steps:
The courts should look into the sincerity of the
religious belief without inquiring into the truth
of the belief
The state has to establish that its purposes are
legitimate and compelling
The state used the least intrusive means
possible. (Estrada v. Escritor, A.M. No. P-
02-1651, August 4, 2003).
LIBERTY OF ABODE AND FREEDOM OF
MOVEMENT
1. LIMITATIONS
Is the right to return to one’s country
contemplated in the Constitutional right to
travel?
No. The right to return to one's country is not
among the rights specifically guaranteed in the
Bill of Rights, which treats only of the liberty of
abode and the right to travel.
It is within the residual powers of the President
to restrict or prevent such return. The test used
was “arbitrariness”.
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The state of the country at that time was or any case investigation,
characterized by political and economic before an petition for
instability. This was sufficient justification for the administrative review, or motion
President to restrict the return of the Marcoses agency. for
to the Philippines. (Marcos v. Manglapus, G.R. c. Against any reconsideration
No. 88211, October 27, 1989). person, either before the
motu proprio, or Department of
Is the right to return to one’s country upon the request Justice or any of
protected under the UDHR or the ICCPR? No. by the Head of a its provincial or
The Universal Declaration of Humans Rights Department/const city prosecution
and the International Covenant on Civil and itutional body or offices.
Political Rights treat the right to freedom of commission/Chief c. Against any
movement and abode within the territory of a Justice/ Senate person, either
state, the right to leave a country, and the right President/ the motu proprio, or
to enter one's country as separate and distinct House Speaker, upon the request
rights. or when the of any
adverse party is government
The Declaration speaks of the "right to freedom the Government agency/
of movement and residence within the borders or any of its commissions/
of each state". It would therefore be agencies or task forces or
inappropriate to construe the limitations to the instrumentalities, similar entities
right to return to one's country in the same or in the interest created by the
context as those pertaining to the liberty of of national Office of the
abode and the right to travel. (Marcos v. security, public President,
Manglapus, supra.) safety or public pursuant to the
health "Anti-Trafficking
2. RIGHT TO TRAVEL in Persons Act of
(a) Watch-list and hold departure orders 2003" and/or in
connection with
Distinguish the grounds for which Hold any investigation
Departure Orders versus Watch-list Orders being conducted
may be issued. by it, or in the
interest of
Hold Departure Watch List Order national security,
Orders public safety or
The Secretary of The Secretary of public health.
Justice may issue an Justice may issue a (Department Circular No. 41 – 2010).
HDO, under any of WLO, under any of
the following the following
instances: instances: J. RIGHT TO INFORMATION
a. Against the a. Against the
accused, accused, What are the twin rights guaranteed in Article
regardless of regardless of III, Sec. 7?
nationality, in nationality, in
Right to information on matters of public concern
criminal cases criminal cases
Right of access to official records and
falling within the pending trial
documents
jurisdiction of before the
courts below the Regional Trial What are the exceptions to the right to
RTCs. Court. information? (BENT DISC)
b. Against the alien b. Against the Banking transactions
whose presence respondent, Executive sessions
is required as regardless of National security matters
defendant/respon nationality, in Trade secrets
dent/witness in a criminal cases Diplomatic correspondence
civil or labor case pending Intelligence information
pending litigation, preliminary

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Supreme court deliberations The power of eminent domain is exercised for

Closed door cabinet meetings
K. RIGHT OF ASSOCIATION
Is the ability to strike essential in the right to
association?
No. To grant employees of the public sector the
right to strike, there must be a clear and direct
legislative authority therefor. In the absence of
any express legislation allowing government
employees to strike, recognizing their right to do
so, or regulating the exercise of the right,
employees in the public service may not engage
in strikes, walkouts and temporary work
stoppages like workers in the private sector.
(Bangalisan vs. CA, G.R. No. 124678, July 31,
1997).
May employees in the public service engage
in strikes?
No. It is relevant to state at this point that the
settled rule in this jurisdiction is that employees
in the public service may not engage in strikes,
mass leaves, walkouts, and other forms of mass
action that will lead in the temporary stoppage or
disruption of public service. Social Security
System Employees Association (SSEA) vs.
Court of Appeals, G.R. No. 85279, July 28,
1989).
L. EMINENT DOMAIN
1. CONCEPT
Q: What is eminent domain?
The right of the sovereign power to appropriate,
not only the public, but even the private property
of all citizens within the territorial sovereignty, to
public purposes. This power is exercised by the
national government but may be delegated to
local governments and public utilities. (Barangay
Sindalan vs. Court of Appeals, G.R. No. 150640,
March 22, 2007).
PUBLIC USE, PURPOSE or welfare, or for
the benefit of the poor and the landless.
There is payment of JUST COMPENSATION, as
required under Section 9, Article III of the
Constitution, and other pertinent laws.
A valid and definite OFFER has been previously
made to the owner of the property sought to
be expropriated, but said offer was not
accepted. (Spouses Yusay vs. Court of
Appeals, G.R. No. 156684, April 6, 2011).
What are the elements of “taking” private
property? (BEAPP)
Utilization of the property must be in such a way
as to oust the owner and deprive him of the
beneficial enjoyment of his property.
The expropriator enters the property
Entry is made under warrant or color of legal
authority
Property is devoted to public use
The entrance must be permanent (Republic vs.
Vda. de Castellvi, G.R. No. L-20620, August
15, 1974).
What are matters may be reviewed by the
courts insofar as expropriation is
concerned?
The ADEQUACY of the compensation
The NECESSITY of the taking
The “PUBLIC USE” character of the taking.
(Municipality of Meycauayan v. IAC, G.R.
No. 72126, January 29, 1988)
What are the requisites for authorizing
immediate entry?
LGUS NATIONAL
GOVERNMENT
On the part of LGUs, Thus, pursuant to
expropriation is also Section 2 of Rule 67 of
governed by Sec. 19, the 1997 Revised Rules
LGC. of Civil Procedure,
(1) the filing of a (1) the filing of a

What are the essential requisites before an complaint for complaint for
LGU can exercise the power of eminent expropriation expropriation sufficient
domain? sufficient in form and in form and substance;
An ORDINANCE is enacted by the local substance; and and
legislative council authorizing the local chief (2) the deposit of the (2) the making of a
executive, in behalf of the LGU, to exercise
the power of eminent domain or pursue amount equivalent to deposit equivalent to
expropriation proceedings over a particular 15 percent of the the assessed value of
private property. fair market value of the property subject to
the property to be expropriation. Upon

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expropriated based compliance with
on its current tax requirements
declaration. (Iloilo v. issuance of the writ of
Legaspi, G.R. No. possession becomes
154614, November “ministerial. (Biglang-
25, 2004). awa v. Bacalla, G.R.
Nos. 139927
139936, November 22,
2000)
EXPANSIVE CONCEPT OF “PUBLIC
USE”
JUST COMPENSATION
Determination
Effect of delay
Q: What is just compensation?
A sum equivalent to the market value of his
property, paid within a reasonable period.
Market Value is generally defined as the fair
value of the property as between one who
desires to purchase but is not forced to buy, and
one who desires to sell but is not compelled to
part with his property. (Republic v. Rural Bank of
Kabacan, G.R. No. 185214, January 25, 2012).
What should be the basis of the value of just
compensation?
General Rule: The value must be that as of the
time of the FILING OF THE COMPLAINT for
expropriation.
Exceptions:
When the filing of the case comes LATER than
the time of taking and meanwhile the value
of the property has INCREASED because of
the use to which the expropriator has put it,
the value is that of the time of the earlier
TAKING.
Where this Court fixed the value of the property
as of the date it was taken and not the date
of the commencement of the expropriation
proceedings. (NPC v. Lucman Ibrahim, G.R.
No. 168732, June 29, 2007).
Exception To The Exception: If the value
INCREASED INDEPENDENTLY of what the
expropriator did, then the value is that of the
FILING of the case. (NPC v. Lucman Ibrahim,
G.R. No. 168732, June 29, 2007).
Which court has the jurisdiction over
petitions for the determination of just
compensation?
POLITICAL LAW PRE-WEEK REVIEWER
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the R.A. 6657, otherwise known as the
the Comprehensive Agrarian Reform Law of 1988
specifically provides that the Special Agrarian
Courts (which are the RTCs) shall have original
and exclusive jurisdiction over all petitions for
the determination of just compensation to
and landowners, and the prosecution of all criminal
offenses under said Act. The DAR cannot be
granted jurisdiction over cases of eminent
domain. The valuation of property in eminent
domain is essentially a judicial function which
cannot be vested in administrative agencies.
(Land Bank of the Philippines v. Spouses
Umandap, G.R. No. 166298, November 17,
2010).
ABANDONMENT OF INTENDED USE AND
RIGHT OF REPURCHASE
What happens if there is abandonment of
intended use?
If the property ceases to be used for a public
purpose, the property reverts to the owner in fee
simple. (ATO vs. Gopuco, Jr. G.R. No. 158563,
June 30, 2005).
M. CONTRACT CLAUSE
When is there an impairment of a contract?
If it changes the terms and conditions of a legal
contract either as to the time or mode of
performance
If it imposes new conditions or dispenses with
those expressed
If it authorizes for its satisfaction something
different from that provided in its terms.
(PAGCOR vs. BIR, G.R. No. 172087, March
15, 2011).
Does a change in available procedural
remedies impair contracts?
No. A mere change in procedural remedies
which does not change the substance of the
contract, and which still leaves an efficacious
remedy for enforcement does not impair the
obligation of contracts.
Is there a limitation to the non-impairment
clause, Sec. 10, Art. III?
Yes. The non-impairment clause of the
Constitution must yield to the loftier purposes
targeted by the Government. Time and again,
this Court has said that contracts affecting public
interest contain an implied reservation of the
police power as a postulate of the existing legal
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order. This power can be activated at anytime to Right to COMPULSORY process to secure
change the provisions of the contract, or even attendance of witnesses and production
abrogate it entirely, for the promotion or of evidence
protection of the general welfare. Such an act Right to be HEARD by himself and counsel
will not militate against the impairment clause, Right to be EXEMPT from being compelled
which is subject to and limited by the paramount to be a witness against himself
police power. ( Chavez v. Comelec, G.R. No. Right to SPEEDY, impartial and public trial
162777, August 31, 2004). Right to MEET witness face to face
Trial in ABSENTIA - mandated only
LEGAL ASSISTANCE AND FREE after arraignment and absence
ACCESS TO COURTS unjustified
CRIMINAL due process:
RIGHTS OF SUSPECTS Accused to be heard in court of
competent jurisdiction
Q: When are the Miranda Rights available? Accused proceeded against under
When Available: When Not orderly processes of law
Available: Accused given notice and
• After a person • During a police opportunity to be heard
has been line-up Judgment rendered was within
taken into EXCEPTIONS: authority of a constitutional law
custody; To APPEAL in all cases allowed and in the
• When a person 1. Once admissions manner prescribed by law (Sec. 14, Art.
is deprived of or confessions III, PHIL. CONST.)
his freedom of are sought to be
What are the rights of an accused under
action in any elicited from the
investigation?
significant way; 2. suspect;
1. Right to be informed of his:
• When a person During
Right to remain silent and
is merely administrative
To have competent and independent
“invited” for 3. investigations;
counsel preferably of his own choice
questioning Confessions
If the person cannot afford the services of
(R.A. No. made by an
counsel, he must be provided with one.
7438); accused at the
• The time he NOTE: These rights cannot be waived except in
investigation is voluntarily writing and in the presence of counsel. (Sec. 12,
being surrendered to
Art. III, PHIL. CONST.)
conducted by the police or
the gov’t with outside the Does the right to be assisted by counsel
respect to a context of a extend to administrative proceedings?
criminal formal
There is nothing in the 1987 Constitution stating
offense (police, 4. investigation;
that a party in a non-litigation proceeding is
DOJ, NBI); Statements entitled to be represented by counsel. A party in
made to a private
an administrative inquiry may or may not be
person.
assisted by counsel, irrespective of the nature of
the charges and of the respondent's capacity to
P. RIGHTS OF THE ACCUSED represent himself. Hence, the administrative
body is under no duty to provide the person with
What are the constitutional rights of the counsel. (First Class Cadet Aldrin Jeff P. Cudia
accused? (PITCHES MACA) of the PMA v. The Superintendent of PMA, G.R.
PRESUMPTION of innocence No. 211362, February 24, 2015).
Right to be INFORMED of nature and cause
of accusation against him Q: Do all persons have the right to bail?
Right to TESTIFY as a witness in his own
behalf

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GENERAL RULE: All persons actually detained August 31, 2007).

shall, before conviction be entitled to bail.

EXCEPTIONS: WRITS OF AMPARO, HABEAS DATA,

Persons charged with offenses punishable by
RECLUSION PERPETUA, LIFE AND KALIKASAN
IMPRISONMENT and DEATH, when
Q: What is the writ of amparo?
EVIDENCE of guilt is STRONG (Section 3
of Rule 114 of the Rules on Criminal It is a remedy available to any person whose
Procedure). right to life, liberty and security is violated or
Persons who are members of the AFP facing a threatened with violation by an unlawful act or
court martial. (Comendador vs. De Villa, omission of a public official or employee, or of a
G.R. No. 93177, August 2, 1991). private individual or entity.
If convicted by the trial court, bail is only
There must be a showing that their right to life,
discretionary pending appeal. (Section 5
liberty and security is violated or threatened with
of Rule 114 of the Rules on Criminal
an unlawful act or omission. Absent any
Procedure).
considerable nexus between the acts
Can a bail be granted in extradition complained of and its effect on respondents’
proceedings? right to life, liberty and security, the Court will not
delve on the propriety of petitioners’ entry into
If bail can be granted in deportation cases, there
the property. (P/Supt. Felixberto Castillo, et. al.
is no justification why it should not also be
allowed in extradition cases. After all, both are vs. Dr. Amanda T. Cruz, et. al., G.R. No.
administrative proceedings where the innocence 182165, November 25, 2009).
or guilt of the person detained is not in issue.
Does the writ of amparo cover threats to
(Government of Hong Kong v. Olalia Jr., G.R.
property?
No. 153675, April 19, 2007).
No. To be entitled to a writ of amparo, petitioners
When can bail be granted to a prospective must prove that their rights to life, liberty and
security are being violated or threatened by an
extradite?
unlawful act or omission. An allegation that
Upon a clear and convincing showing that barangay tanods raided their farm to look for
he/she will not be a flight risk or a danger to marijuana and that they anticipated the
the community. possibility of harassment cases, false accusation
That there exist special, humanitarian, and violence is not sufficient bases for a grant of
compelling circumstances. (Government of the privilege of the writ. The intrusion into their
the United States vs. Purganan, G.R. No. farm was merely a violation of property rights.
148571, September 24, 2002) (Pador v. Arcayan, G.R. No. 183460, March 12,
2013).
Q. WRIT OF HABEAS CORPUS
S. SELF-INCRIMINATION CLAUSE
What are the limitations to the writ of habeas
corpus? When is the right against self-incrimination
available?
EXTENDS TO DOES NOT EXTEND TO It is available noy only in criminal prosecutions,
All cases of illegal Questions of conditions but also in all other government proceedings,
confinement or detention of confinement; but only including civil actions and administrative or
by which any person is to the fact and duration of
deprived of his liberty, or confinement. legislative investigations. It may be claimed not
by which the rightful only by the accused, but also by a witness to
custody of any person is whom an incriminating question is addressed. It
withheld from the person also applies to proceedings which are criminal in
entitled to it.
nature, such a revocation of medical license.
It’s essential is to inquire It is not a means for the
(Pascual v. Board of Medical Examiners)
into all manner of redress of grievances or
involuntary restraint and to seek injunctive relief or Accused Witness
to relieve a person from it damages. (In re: Major
if such restraint is illegal. Aquino, G.R. 174994, Taking the CAN be CAN be

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Witness Stand compelled compelled
Taking the
Witness Stand CAN be CAN’T be
in Criminal compelled compelled
Proceedings
Answering CAN’T be CAN’T be
Incriminating
compelled compelled
questions
What is the scope of the right against self-
incrimination?
It applies only against testimonial compulsion
and production of documents, papers and
chattels in court except when books of account
are to be examined in exercise of power of
taxation/police power. It does not cover acts
which are purely mechanical such as body
check up, forcing morphine out of mouth, and
the like. But it covers acts which involve the
intelligence such as asking someone to write.
(Dela Cruz vs. People, G.R. No. 200748, July
23, 2014).
May the right against self-incrimination be
invoked by a person undergoing a normal
audit examination?
No. The rights against self-incrimination and to
counsel guaranteed under the Constitution are
applied only during the custodial interrogation of
a suspect. A person undergoing a normal audit
examination is not under custodial investigation
and, hence, the audit examiner may not be
considered the law enforcement officer
contemplated by the rule. (Mariera De Castro v.
People of the Philippines, G.R. No. 171672,
February 2, 2015).
INVOLUNTARY SERVITUDE AND
POLITICAL PRISONERS
EXCESSIVE FINES AND CRUEL AND
INHUMAN PUNISHMENTS
NON-IMPRISONMENT FOR DEBTS
DOUBLE JEOPARDY
Q: What are the two kinds of jeopardy?
No person shall be twice put in jeopardy for the
same offense. In this kind, jeopardy attaches
upon either conviction or acquittal or
dismissal without the express consent of the
accused.
If an act is punished both by a law and an
ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution
for the same act. In this kind, jeopardy
POLITICAL LAW PRE-WEEK REVIEWER
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attaches only upon conviction or acquittal.
(Sec. 21, Art. III, PHIL. CONST.)
What are the requisites for double jeopardy?
1. 1st jeopardy must have attached prior to the
second
2. The 1st jeopardy must have terminated
3. The 2nd jeopardy must be for the same
offenses as that in the 1st.
How does jeopardy attach? (CICAP)
1. A person is charged
2. Under a complaint or information sufficient in
form and substance to sustain a conviction
3. Before a court of competent jurisdiction
4. After the person is arraigned
5. Such person enters a valid plea.
Does the dismissal of an action, made at the
instance of an accused, constitute double
jeopardy?
No, except:
1. When the ground for dismissal is insufficiency
of evidence;
2. When the proceedings violate the right of the
accused to a speedy trial. (Caes v. IAC, G.R.
Nos. 74989-90, November 6, 1989).
What is the doctrine of supervening event?
Under the doctrine of supervening event, the
accused may be prosecuted for another offense
if a subsequent development changes the
character of the first indictment under which he
may have already been charged or convicted.
(Abrigo v. Flores, G.R. No. 160786, 2013).
EX POST FACTO LAWS AND BILLS OF
ATTAINDER
Q: What is an ex-post facto law?
Makes an action done before the passing of the
law, and which was innocent when done,
criminal, and punishes such action.
Aggravates the crime or makes it greater than
when it was committed.
Changes the punishment and inflicts a greater
punishment than that which the law annexed
to the crime when it was committed.
Alters the legal rules of evidence and receives
less testimony than the law required at the
time of the commission of the offense in
order to convict the accused.
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Assumes to regulate civil rights and remedies NATURALIZATION AND

but in effect imposes a penalty or DENATURALIZATION
deprivation of a right, which when done was
lawful. What are the grounds for denaturalization:
Deprives a person accused of a crime of Naturalization certificate obtained fraudulently
some lawful protection to which he has or illegally
become entitled such as the protection of If within 5 years, he returns to his native
a former conviction or acquittal, or a country or to some foreign country and
proclamation of amnesty. (Republic v. establishes residence there
Eugenio, G.R. No. 174629, February 14, Provided: A one-year stay in the native
2008). country or two-year stay in a foreign
country shall be prima facie evidence of
What are the elements of a bill of attainder? intent to take up residence in the same.
There must be a law Petition was made on an invalid declaration of
The law imposes a penal burden intention
On a named individual or easily ascertainable Minor children failed to graduate through the
members of a group fault of the parents either by neglecting to
The penal burden is imposed directly by the law support them or by transferring them to
without judicial trial. (People v. Ferrer, G.R. another school.
Nos. L-32613-14, 1972). Allowed himself to be used as a dummy
Conviction of perjury and rape (In Re: Guy v.
Guy, G.R. No. L-41399, July 20, 1982)
CITIZENSHIP
Ground affects the Ground was
intrinsic validity of personal to the
A. WHO ARE FILIPINO CITIZENS the proceedings denaturalized
Filipino
Q: Who are Filipino citizens? The denaturalization Wife and children
Those who are citizens of the Philippines at the shall divest the wife shall retain their
time of the adoption of this Constitution; and children of their Philippine citizenship.
Those whose fathers or mothers are citizens of derivative
the Philippines; naturalization.
Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship Q: Differentiate the modes of Naturalization
upon reaching the age of majority; and Direct Naturalization Derivative
Those who are naturalized in accordance with Naturalization
law. (Art. IV, Sec.1, PHIL. CONST.). Citizenship is Citizenship conferred
acquired by an alien on:
B. MODES OF ACQUIRING CITIZENSHIP through: i. Wife of
1. Judicial naturalized
What are the modes of acquiring naturalization husband
citizenship? under CA 473 ii. Minor children of
Direct Act of Congress 2. Administrative naturalize person
Naturalization naturalization iii. Alien woman
Repatriation under RA 9139 upon marriage to
Legislative a national
Under RA 9225, by taking an oath of allegiance
required of former natural-born citizens who naturalization in the Nachura, p.238.
may have lost their Philippine citizenship by form of a law enacted
reason of their acquisition of the citizenship of a by Congress,
foreign country. bestowing Philippine
citizenship to an alien.

DUAL CITIZENSHIP AND DUAL

ALLEGIANCE
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Differentiate between Dual Citizenship and Is a foundling considered a Filipino

Dual Allegiance Citizen?
Yes. While the Constitution is silent about
Dual Citizenship Dual Allegiance foundlings, the deliberations show that the
Arises when, as a result Refers to the situation in framers intended foundlings to be covered by
of concurrent application which a person the enumeration of Filipino Citizens in the
of the different laws of simultaneously owes, by Constitution. The textual omission was not
two or more states, a some positive voluntary
person is act, loyalty to two or
because there was any objection to the notion
simultaneously more states that persons of "unknown parentage" are not
considered a national by citizens but only because their number was not
those other states; enough to merit specific mention. Furthermore,
Involuntary Voluntary under international law, foundlings are citizens of
(Mercado v. Manzano, G.R. No. 135083, 1999). the country where they were found. The
common thread of the UDHR, UNCRC and
LOSS AND RE-ACQUISITION OF ICCPR is to obligate the Philippines to grant
nationality from birth and ensure that no child is
PHILIPPINE CITIZENSHIP
stateless. (Poe-Llamanzares v. COMELEC, GR.
How is citizenship lost? No. 221697, May 8, 2016).
Cancellation of certificates of naturalization
(In Re: Guy v. Guy, G.R. No. L-41399, LAW ON
July 20, 1982)
Naturalization in a foreign country XPN:
PUBLIC OFFICERS
Take oath under §3, RA 9225.
Being a deserter of the armed forces of A. GENERAL PRINCIPLES
one’s country
Serving in the armed forces of an enemy Q: What is public office?
country The right, authority, and duty created and
when there is express renunciation of conferred by law, by which for a given period,
Filipino citizenship either fixed by law or enduring at the pleasure of
Seeking public office in a foreign country. the appointing power, an individual is invested
(Sec. 5, RA 9225) with some portion of the sovereign functions of
the government, to be exercised by him for the
Person A is a natural-born Filipino Citizen. benefit of the public. (Fernandez v. Ledesma,
He was later naturalized as a citizen of the G.R. No. L-18878, 1963).
United States, thereby losing his Filipino
citizenship. Later, he applied for repatriation What are the elements of public office?
under RA 9225 and took the Oath of The elements are: (LSCIP)
Allegiance to the Republic of the Philippines. Created by law or by authority of law;
But Person A continued using his foreign Possess a delegation of portion of sovereign
passport after renouncing his foreign powers of government, for benefit of the
citizenship. What is the effect on his Filipino public;
citizenship? Powers conferred and duties imposed
The use of foreign passport after renouncing defined by Constitution, legislature, or
one’s foreign citizenship is a positive and by its authority;
voluntary act of representation as to one’s Duties performed independently and only
nationality and citizenship; it does not divest controlled by law unless placed under
Filipino citizenship regained by repatriation but it general control of superior office or
recants the Oath of Renunciation required to body;
qualify one to run for an elective position. Permanent or continuous. (State Ex Rel.
(Maquiling v. COMELEC, G.R. No. 195649, Barney v. Hawkins, 257 P. 411 (Mont.
2013). 1927).

NATURAL-BORN CITIZENS AND Q: Is public office a property right?

PUBLIC OFFICE No, public office is not a property right, but a
protected right. It cannot be taken from the

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incumbent without due process. It also protected
by the right of security of tenure, which is
guaranteed by the Constitution. (Segovia v.
Noel, G.R. No. L-23226, 1925)
How is public office created?
Public office is created:
By the constitution; (e.g. Office of the
President)
By valid statutory enactments; (e.g. Office of
the Insurance Commissioner)
By authority of law. (e.g. the Davide
Commission) (Serana v.
Sandiganbayan, G.R. No. 162059,
2008; Buklod ng Kawaning EIIB v.
Zamora, G.R. No. 142801-802, 2001).
MODES OF ACQUIRING TITLE TO
PUBLIC OFFICE
How is title to public office acquired? It is
acquired through the following: (ADE)
1. APPOINTMENT - The act of designation by
the executive officer, board, or body to whom
that power has been delegated, of the individual
who is to exercise the powers and functions of a
given office. It is to be distinguished from the
selection or designation by a popular vote.
DESIGNATION - The mere imposition of new or
additional duties upon an officer to be performed
by him in a special manner. It presupposes that
the officer is already in the service by virtue of
an earlier appointment, performing other
functions. Thus, there is no new appointment
and the designation does not entitle the officer
designated to additional benefits or the right to
claim the salary attached to the position.
ELECTION - The act of selecting or choosing a
person by popular vote to occupy the office.
(Borromeo v. Mariano, G.R. No. L-16808, 1921;
Conde v. National Tobacco Corp., G.R. No. L-
11985, 1921).
Is acceptance of an appointment required?
GR: As a general rule, acceptance of
appointment is not necessary for the completion
or validity of appointment. (Marbury v. Madison,
5 US 137, 1830)
XPN: However, it is necessary to possession of
office, and to enable appointee to the enjoyment
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and responsibility of an office. (Magana v.
Auditor-General, GR No. L-12180, 1960)
Q; How is acceptance made?
Acceptance may be express when it is done
verbally or in writing. Acceptance is implied
when, without formal acceptance, the appointee
enters upon the exercise of the duties and
functions of an office.
Who are the officers to be appointed by the
president? (E-MA2C-JC2AR-NL2)
1. Heads of executive departments
2. Ambassadors
3. Other public ministers and consuls
4. Officers of the armed forces from the rank of
colonel or naval captain
5. Other officers whose appointments are vested
in him in the Constitution
Regular members of the Judicial and
Bar Council
The Chairman and Commissioners of
the Civil Service Commission
The Chairman and Commissioners of
the COMELEC
The Chairman and Commissioners of
the Commission on Audit
MembersoftheRegional
Consultative Commission
Officers whose appointments are not otherwise
provided for by law
Officers whom the president may be authorized
by law to appoint
Officers lower in rank whose appointments the
Congress, by law, vested in the President (Art.
X, Sec.18).
MODES AND KINDS OF APPOINTMENT
Differentiate between ad-interim
appointments and temporary appointments.
Ad interim appointments are made while
Congress is NOT in session or during its recess,
whether such recess is voluntary (before
adjournment) or compulsory (when Congress
adjourns). The appointment shall cease to be
effective upon rejection by the COA, or if not
acted upon, at the adjournment of the next
session of Congress, whether regular or special.
(Art. VI, Sec. 19).
Temporary or acting appontments are those
which last until a permanent appointment is
issued. The Commission on Appointments
cannot confirm their appointments because
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confirmation presupposes a valid nomination or
ad-interim appointment. Thus, the appointee has
no personality to bring a quo warranto
proceeding because he is not entitled to office.
(Valencia v. Peralta, G.R. No. L-20864, 1963;
Rules of Court, Rule 66, Sec. 6).
Is acquisition of civil service eligibility during
tenure of a temporary appointee
necessarily translate to permanent
appointment?
No. A new appointment which is permanent is
necessary. (Province of Camarines Sur v. CA,
G.R. No. 104639, 1995)
A was a career ambassador when he
accepted an ad-interim appointment as
cabinet member. However, the Commission
on Appointments by-passed his ad-interim
appointment, and he was not re-appointed.
Can he re-assume his position as career
ambassador?
The career ambassador cannot re-assume his
position. His ad-interim appointment as cabinet
member was a permanent appointment.
(Summers v. Ozaeta, G.R. No. L-1534, 1948)
He abandoned his position as ambassador
when he accepted his appointment as cabinet
member because as cabinet member, he could
not hold any other office during his tenure. (Art.
VIII, Sec. 13).
ELIGIBILITY AND
QUALIFICATION
REQUIREMENTS
What are qualifications?
Qualifications can be understood in two ways:
It may refer to endowments, qualities, or
attributes which make an individual eligible
for public office. In which case, the individual
must possess these qualities at the time of
appointment or election and continuously for
as long as the official relationship continues;
or
It may refer to the act of entering into the
performance of the functions of a public
office. (Nachura Law Notes on Law on
Public Officers).
What are qualifications in the sense of the
act of entering into the performance of the
functions of a public office?
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It means that failure of an officer to perform an
act required by law can affect the officer’s title to
the given office.
Prolonged failure or refusal to take the office
could result in forfeiture of office. (Masadao Jr. v.
Glorioso, A.M. No. P-26-1207, 1997).
An oath of office taken before a person who has
no authority to administer oath is no oath at all.
Once proclaimed and duly sworn in office, a
public officer is entitled to assume office and to
exercise the functions thereof. The pendency of
an election protest is not sufficient basis to
enjoin him from assuming office. (Mendoza v.
Laxina, Jr. G.R. No. 146875, 2003).
Who are required to give an official bond
before qualifying for a public office?
Only accountable public officers or those who
are entrusted with the collection and custody of
public money, and public ministerial officers
whose actions may affect the rights and interests
of individuals. (F. Mechem, A Treatise on the
Law of Public Offices and Officers, 165, 1980).
What is the liability of an officer who
misrepresented his or her qualification, e.g.
educational attainment and eligibility for
government service?
The employee is guilty of plain and simple
dishonesty as it refers to the act of intentionally
making a false statement on any material fact in
securing one’s appointment. (Momongan v.
Sumayo, A.M. No. P-10-2767, 2011)
What is required of all public officers and
employees based on the Constitution?
All public officers and employees shall take an
oath or affirmation to uphold and defend the
Constitution. (PHIL. CONST., art. IX-B, § 4)
DISABILITIES AND INHIBITIONS OF
PUBLIC OFFICERS
What are the general disqualifications of
public officers?
No candidate who lost in an election shall, within
one year after such election, be appointed to
any office in Government. (PHIL. CONST. art.
IX-B, §VI)
No elective official shall be eligible for
appointment or designation in any capacity
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to any public office or position during his
tenure. (PHIL. CONST., art. IX-B, § 7(1))
Unless otherwise provided by law or by the
primary functions of his position, no
appointive official shall hold any other
position in Government. (PHIL. CONST., art.
IX-B, § 7(2))
What are the special disqualifications of
public officers?
The President, Vice-President, the Members of
the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in the
Constitution, hold any other office or
employment during their tenure. (PHIL.
CONST. art. VIII, §13)
No Senator or Member of the House of
Representatives may hold any other office
or employment in the Government, or any
subdivision, agency or instrumentality
thereof, including government-owned or
controlled corporations or their subsidiaries,
during his term, without forfeiting his seat.
Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increase during the
term for which he was elected. (PHIL. CONST.
art. VI, § 13)
The Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing quasi-
judicial or administrative functions. (PHIL.
CONST. art. VIII, § 12)
No Member of a Constitutional Commission
shall, during his tenure, hold any other office
or employment. (PHIL. CONST. art. IX-A, § 2)
The same disqualification applies to the
Ombudsman and his deputies. (PHIL. CONST.
art. XI, § 8)
The Ombudsman and his Deputies shall not be
qualified to run for any office in the election
immediately succeeding their cessation from
office. (PHIL. CONST. art. XI, § 11)
Members of Constitutional Commissions, the
Ombudsman and his deputies must not
have been Candidates for any elective
position in the elections immediately
preceding their appointment. (PHIL. CONST.
art. IX-B, IX-C, IX-D, §. 1; art. XI, § 8)
Members of the Constitutional Commissions, the
Ombudsman and his deputies are appointed
to a term of seven
years, without reappointment. (PHIL. CONST.
art. IX-B, § 1(2); art. IX-C, § 1(2); Art. IX-D,
§. 1(2); art. IX, §11)
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The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be
appointed as Members of the Constitutional
Commissions, or the Office of the
Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including government-
owned or controlled corporations (PHIL.
CONST. art. VII, § 13, Art. VII)
POWERS AND DUTIES OF
PUBLIC OFFICERS
Distinguish between dishonesty and
negligence.
Dishonesty begins when an individual
intentionally makes a false statement in any
material fact, or practicing or attempting to
practice any deception or fraud in order to
secure his examination, registration,
appointment or promotion. It should be
emphasized only when the accumulated wealth
becomes manifestly disproportionate to the
employee’s income or other sources of income
and his failure to properly account or explain his
other sources of income does he become
susceptible to dishonesty. (Ombudsman v.
Nieto, G.R. No. 185685, 2011).
In the case of public officials, there is negligence
when there is a breach of duty or failure to
perform the obligation, and there is gross
negligence when a breach of duty is flagrant and
palpable. Failing to comply with his duty to
provide a detailed list of his assets and business
interests in his SALN and for relying on the
family bookkeeper/accountant to fill out his
SALN and in signing the same without checking
or verifying the entries is negligence.
(Presidential Anti -Graft Commission v. Pleyto,
G.R. No. 176058, 2011)
Q: What are the rules on nepotism?
The Constitution prohibits the president from
appointing his close relatives (within the 4th
civil degree by consanguinity or affinity to
the president or his spouse) to high
positions in government during his tenure.
No relative of the President, within the 4 th
civil degree, shall be appointed to/as:
A Constitutional Commission
The Office of the Ombudsman
Secretary of a Department
Undersecretary of a Department
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Chairman or Head of Bureaus of Offices
Any GOCC
Any GOCC subsidiary
Under the Civil Service Decree, all appointments
in the national, provincial, city, and municipal
governments or in any branch or
instrumentality, including GOCCs, made in
favor of the appointing or recommending
authority, or of the chief of the bureau of the
office, or of persons exercising immediate
supervision over him, are prohibited. As
used in the Civil Service Law, the term
“relative” and members of the family referred
to those within the 3rd degree of
consanguinity or affinity. (Presidential
Decree No. 807, Sec. 49).
The rule on nepotism does not apply to
designations made in favor of a relative of
the authority making a designation. True or
False.
False. A designation accomplishes the same
purpose as appointment. (Laurel v. Civil Service
Commission, G.R. No. 71562, 1991); 2010 Bar
Exam Question.
What are the exceptions to the rule on
nepotism? (CTAP)
1. Persons employed in confidential capacity
2. Teachers
3. Physicians
4. Members of AFP (Executive Order No, 292, §
59).
The Mayor of San Jose City appointed his
wife, Amelia, as City Treasurer from among
tree (3) employees of the city considered for
the said position. Prior to said promotion,
Amelia had been an Assistant City Treasurer
for ten (10) years, that is, even before she
married the City Mayor. Should the Civil
Service Commission approve the
promotional appointment of Amelia? Why or
why not?
The Civil Service Commission should not
approve the promotional appointment of Amelia.
Sec. 59(1), Chapter 7, Title I, Subsection A,
Book V of the Administrative Code prohibits all
appointments in the cities of a relative of the
appointing authority within the third degree of
consanguinity or affinity. The prohibition applies
to all appointments, whether original or
promotional. (Debulgado v. CSC, G.R. No.
111471, 1994).
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What is the rule regarding errors in the
Statements of Assets, Liabilities and Net
Worth (SALN)?
Section 10 of R.A. 6713 provides that when the
head of office finds the SALN of a subordinate
incomplete or not in the proper form, such head
of office must call the subordinate’s attention to
such omission and give him the chance to rectify
the same. However, there is no right to notice
regarding errors in his SALN and to be told to
correct the same. The notice and correction
referred to in Section 10 are intended merely to
ensure that SALNs are “submitted on time, are
complete, and are in proper form.” These refer to
formal defects in the SALN and do not include
charges for falsification of the assets and for
declaring a false net worth because these are
substantive, not formal defects. (Carabeo v.
Sandiganbayan, G.R. No. 190580-81, 2011).
Who are required to file SALN? (VAPOS-C3)
President
Vice-President
Members of the Cabinet
Members of Congress
Justices of the Supreme Court
Members of Constitutional Commissions
Other constitutional offices
Officers of the Armed Forces with general or flag
rank
A public officer or employee shall submit a
declaration under oath of his assets, liabilities
and net worth within 30 days after the
assumption of office, as often as required under
the law, i.e., on or before April 30 of every year
thereafter, and within 30 days after separation
from service. (Republic Act No. 6713, Sec. 8
(A)).
What happens when an employee makes a
misdeclaration in his or her SALN?
Mere misdeclaration in SALN does not
automatically amount to dishonesty. Only when
the accumulated wealth becomes manifestly
disproportionate to the employee’s income or
other sources of income and the public
officer/employee fails to properly account or
explain his or her other sources of income, does
he become liable to dishonesty. (Ombudsman v.
Racho, G.R. No. 185685, 2011)
RIGHTS OF PUBLIC OFFICERS
What are the rights of public officers?
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Right to Office, just and legal claim to exercise
powers and responsibilities of public office.
Right to Wages
Right to Preference in Promotion, subject to the
discretion of the appointing authority
Right to Vacation and Lick leave
Right to Maternity Leave
Right to Retirement Pay
Other rights:
Righttoreimbursementfor
expenses incurred in due
performance of duty (does not
include transportation allowance for
those using government vehicles)
Right to be indemnified against liabilities
they may incur in bona fide
discharge of duties
Right to longevity pay
Q: What is the hold-over principle?
It is the principle which provides that even
though a public officer’s term has expired or his
services terminated, he should continue holding
his office until his successor is appointed or
chosen and had qualified. (Topacio Nueno v.
Angeles, 76 Phil. 12, 1946).
LIABILITIES OF PUBLIC
OFFICERS
Preventive suspension and back salaries
What is preventive suspension? Preventive
suspension is merely a preventive measure, a
preliminary step in an administrative
investigation. The purpose of the suspension
order is to prevent the accused from using his
position and the powers and prerogatives of his
office to influence potential witnesses or tamper
with records which may be vital in the
prosecution of the case against him. If after such
investigation, the charge is established and the
person investigated is found guilty of acts
warranting his suspension or removal, then, as a
penalty, he is suspended, removed or dismissed.
(Villasenor v. Sandiganbayan, G.R. No. 180700,
2008)
What are the kinds of preventive suspension
(PS)?
Preventive Suspension pending
investigation;
Preventive Suspension pending appeal.
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What is preventive suspension pending
investigation?
Such suspension is not a penalty. It is a
measure intended to enable the disciplining
authority to investigate charges against
respondent by preventing the latter from
intimidating or in any way influencing witnesses
against him. If the investigation is not finished
and a decision is not rendered within that period,
the suspension will be lifted and the respondent
will automatically be reinstated. If after
investigation, respondent is found innocent of
the charges and is exonerated, he should be
reinstated. (CSC v. Alfonso, G.R. No. 179452,
2009)
What is preventive suspension pending
appeal?
This is part of the penalty. no back salaries shall
be due for the period of preventive suspension
pending investigation but only for the period of
preventive suspension pending appeal, in the
event the employee is exonerated. (Gloria v. CA,
G.R. No. 131012, 1999)
May the Ombudsman place a public officer
under preventive suspension?
Yes. There is no dispute as to the power of the
Ombudsman to place a public officer charged
with an administrative offense under preventive
suspension. That power is clearly confined
under Section 24 of R.A. No. 6770.
The law sets forth 2 conditions that must be
satisfied to justify the issuance of an order of
preventive suspension pending an investigation:
The evidence of guilt is strong; and
Either of the following circumstances co-
exists with the first requirement:
The charge involves dishonesty,
oppression or grave misconduct
or neglect in the performance of
duty;
The charge would warrant removal
from the service; or
The respondent's continued stay in
office may prejudice the
case filed against him.
(Ombudsman v. Valeroso, G.R.
No. 167828, 2007)
Is prior notice and hearing required before an
officer may be placed under preventive
suspension?
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No. Settled is the rule that prior notice and
hearing are not required in the issuance of a
preventive suspension order. (Carabeo v. CA,
G.R. Nos. 178000 and 178003, 2009)
Illegal dismissal, reinstatement and back
salaries
Q: What are ultra vires acts?
These are acts which are clearly beyond the
scope of one's authority. They are null and void
and cannot be given any effect. The doctrine of
estoppel cannot operate to give effect to an act
which is otherwise null and void or ultra vires.
(Acebedo Optical Company v. CA, G.R. No.
100152, 2000)
What is demotion? (DEL CASTILLO) There is
demotion when an employee is appointed to a
position resulting in diminution of duties,
responsibilities, status or rank, which may or
may not involve a reduction in salary. Where an
employee is appointed to a position with the
same duties and responsibilities but with rank
and salary higher than those enjoyed in his
previous position, there is no demotion and the
appointment is valid. (Bautista v. Civil Service
Commission, G.R. No. 185215, 2010).
Q: When is demotion not proper?
Demotion to a lower rate of compensation is
also equivalent to removal if no cause is shown
for it when it is not part of any disciplinary action.
(Floreza v. Ongpin, G.R. No. 81356, 1990).
Is proof of damage required for one to be
administratively liable?
No. Proof of damage or actual injury is not
required for administrative liability to attach to a
public officer. It is enough that the act was
contrary to the established norms of conduct for
government service. However, an employee of
GSIS who altered IP addresses without
authority, not in the performance of his duties,
will not be guilty of grave misconduct but
conduct prejudicial to the best interest of
service. To constitute misconduct, the act or acts
must have a direct relation to and be connected
with the performance of official duties. (GSIS v.
Mayordomo, G.R. No. 191218, 2011)
Q: What is reinstatement?
It is the restoration to a state or condition from
which one had been removed or separated. One
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who is reinstated assumes the position he had
occupied prior to the dismissal and is, as an
ordinary rule, entitled only to the last salary in
that position. (Judy Philippines, Inc. v. NLRC,
G.R. No. 111934, 1998; People v. Macalino,
G.R. No. 79387, 1989).
When is a public officer entitled to
reinstatement and back salaries?
Two conditions before an employee may be
entitled to back salaries.
The employee must be found innocent of the
charges; and
His suspension must be unjustified or the official
was innocent. Laws provide for preventive
suspension for a fixed period. Thus, a
suspension beyond the fixed period is
unjustified and must be compensated. (CSC
v. Cruz, G.R. No. 187858, 2011)
When is a public officer not entitled to
reinstatement and back salaries?
A public officer is not entitled to reinstatement
and back salaries, when removal or suspension
is lawful. The denial of salary to an employee
during the period of his suspension, if he should
later be found guilty, is proper because he had
given ground for his suspension. It does not
impair his constitutional rights because the
Constitution itself allows suspension for cause
as provided by law, and the law provides that an
employee may be suspended pending an
investigation or by way of penalty. (Bangalisan v.
CA, G.R. No. 124678, 1997)
If the public officer is entitled to back
salaries, how much should this be?
When an official or employee was illegally
dismissed and his reinstatement is ordered, for
all legal purposes he is considered as not having
left his office and, therefore, is entitled to all
rights and privileges that accrue to him by virtue
of the office. (DOTC v. Cruz, G.R. No. 178256,
2008) However, an illegally terminated civil
service employee is entitled to back salaries
limited only to a maximum period of five years.
(Galang v. Land Bank, G.R. No. 175276, 2011)
Where should the claim for back salaries be
filed?
The claim for recovery of back salaries involves
settlement of accounts or claims against the
government and should therefore be filed with
the Commission on Audit.
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Mario, a Bureau of Customs examiner, was
administratively charged with grave
misconduct and preventively suspended
pending investigation. The head of office
found him guilty as charged and ordered his
dismissal. The decision against him was
executed pending appeal. The CSC
subsequently found him guilty and after
considering a number of mitigating
circumstances, reduced his penalty to only
one-month suspension. Is Mario entitled to
back salaries?
No, he is still guilty of grave misconduct, only the
penalty was reduced.
X, an administrative officer in the Department
of Justice, was charged with
gravemisconductandpreventively
suspended for 90 days pending
investigation. Based on the evidence, the
Secretary of Justice found X guilty as
charged and dismissed him from the service.
Pending appeal, X's dismissal was executed.
Subsequently, the Civil Service Commission
(CSC) reversed the Secretary’s decision and
the reversal became final and executory.
What is the effect of X's exoneration?
Because of his exoneration, X is entitled to
reinstatement and back salaries during his
suspension pending appeal.
IMMUNITY OF PUBLIC OFFICERS
Are public officers immune from suit? Yes. A
public officer is not liable for injuries sustained
by another due to official acts done within the
scope of his authority. (REVISED PENAL CODE, art.
11 (5)).
Are there exceptions to a public officer’s
immunity from suit?
Yes. A public officer is not immune when liability
does not devolve ultimately to the State, such
as:
A petition to require official to do his duty
A petition to restrain him from doing an act
To recover taxes from him
Those where the officer impleaded may by
himself alone comply with the decision of the
court
Where the government itself has violated its own
laws
Also, where a public officer has committed an
ultra vires act, or where there is a showing of
bad faith, malice or gross negligence, the officer
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can be held personally accountable even if such
acts are claimed to have been performed in
connection with official duties. (Wylie v. Rarang,
G.R. No. 74135, 1992) Where the public officer
is sued in his personal capacity, state immunity
will not apply. (Lansang v. CA, G.R. No. 102667,
2000)
Executive Secretary Chua issued an order
prohibiting the holding of rallies along
Mendiola because it hampers the traffic flow
to Malacanang. A group of militants
questioned the order for being
unconstitutional and filed a case against
Secretary Chua to restrain him from
enforcing the order. Secretary Chua raised
state immunity from suit claiming that the
state cannot be sued without its consent. Is
the claim correct?
No, public officers may be sued to restrain them
from enforcing an act claimed to be
unconstitutional.
If a public officer has already resigned,
should the administrative complaint filed
against her be dismissed?
Cessation from office by virtue of her intervening
resignation did not warrant the dismissal of the
administrative complaint against her, for the act
complained of had been committed when she
was still in the service. (Concerned Citizen v.
Catena, A.M. OCA IPI No. 02-1321-P, 2013)
DE FACTO OFFICERS
Q: What is a de facto officer?
A de facto officer is one who derives his
appointment from one having colorable authority
to appoint, if the office is an appointive office,
and whose appointment is valid on its face. He
may also be one who is in possession of an
office, and is discharging its duties under color of
authority, by which is meant authority derived
from an appointment, however irregular or
informal, so that the incumbent is not a mere
volunteer. (Funa v. Agra, G.R. No. 191644,
2013).
What are the effects of the acts of de facto
officers?
The acts of the de facto officer, insofar as they
affect the public, are valid, binding and with full
legal effect. The doctrine is intended not for the
protection of the public officer, but for the
protection of the public and individuals who get
involved in the official acts of persons
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discharging duties of a public office. (Funa v.
Agra, G.R. No. 191644, 2013)
Are de facto officers entitled to salaries? The
rightful incumbent of a public officer may recover
from an officer de facto the salary received by
the latter during the time of his wrongful tenure,
even though he entered into the office in good
faith and under color of title. (General Manager
v. Monserate, G.R. No. 129616, 2002)
However, where there is no de jure public officer,
the officer de facto, who in good faith has had
possession of the office and has discharged the
duties pertaining thereto, is legally entitled to the
emoluments of the office, and may, in an
appropriate action, recover the salary, fees and
other compensation attached to the office. (Civil
Liberties Union v. Executive Secretary, G.R. No.
83896, 1991).
A person who occupies an office that is
defectively created is a de facto officer. True
or False.
False. For him to be a de facto officer, the office
must be validly created. (Tuanda v.
Sandiganbayan, G.R. No. 110544, 1995)
Van sought to disqualify Manresa as
congresswoman of the third district of
Manila on the ground that the latter is a
green card holder. By the time the case was
decided against Manresa, she had already
served her full term as congresswoman.
What was Manresa's status during her
incumbency as congresswoman?
She was a de facto officer since she was elected
and she served, and her disqualification only
came later. (Sampayan v. Daza, G.R. No.
103903, 1992).
TERMINATION OF OFFICIAL
RELATION
What are the causes for termination of
official relations? (TAD PAIR CAIRR)
NATURAL CAUSES:
Expiration of the term or tenure of office unless
authorized to hold over, his/her rights and
duties ipso facto cease;
Reaching the age limit (retirement) – 65 years
for public officers and employees;
Death or permanent disability.
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ACTS OR NEGLECT OF OFFICER:
a. Prescription of Right to Office – quo
warranto is the proper remedy against a
public officer or employee for his/her ouster
from office, which should be commenced
within one year after the cause of such
ouster; otherwise the action shall be barred;
Abandonment of Office – Abandonment of an
office is the voluntary relinquishment of an
office by the holder, with the intention of
terminating his possession and control
thereof. There are, therefore, two essential
elements of abandonment: first, an intention
to abandon and second, an overt or
“external” act by which the intention is
carried into effect.
Generally speaking, a person holding a
public office may abandon such office by
nonuser or acquiescence. Non-user refers to
a neglect to use a right or privilege or to
exercise an office. However,
nonperformance of the duties of an office
does not constitute abandonment where
such nonperformance results from
temporary disability or from involuntary
failure to perform. Abandonment may also
result from an acquiescence by the officer in
his wrongful removal or discharge, for
instance, after a summary removal, an
unreasonable delay by an officer illegally
removed in taking steps to vindicate his
rights may constitute an abandonment of the
office. (Canonizado v. Aguirre, G.R. No.
133132, 2001)
Acceptance of an incompatible office – It is a
well settled rule that he who, while
occupying one office, accepts another
incompatible with the first, ipso facto vacates
the first office and his title is thereby
terminated without any other act or
proceeding. Public policy considerations
dictate against allowing the same individual
to perform inconsistent and incompatible
duties. The incompatibility contemplated is
not the mere physical impossibility of one
person’s performing the duties of the two
offices due to a lack of time or the inability to
be in two places at the same moment, but
that which proceeds from the nature and
relations of the two positions to each other
as to give rise to contrariety and antagonism
should one person attempt to faithfully and
impartially discharge the duties of one
toward the incumbent of the other.
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(Canonizado v. Aguirre, G.R. No. 133132,
2001)
d. Resignation – formal renunciation or
relinquishment of office. To constitute a
complete and operative act of resignation,
the officer or employee must show a clear
intention to relinquish or surrender his
position accompanied by the act of
relinquishment. Resignation implies an
expression of the incumbent in some form,
express or implied, of the intention to
surrender, renounce and relinquish the
office, and its acceptance by competent and
lawful authority. Verily, a "courtesy
resignation" cannot properly be interpreted
as resignation in the legal sense for it is not
necessarily a reflection of a public official's
intention to surrender his position. Rather, it
manifests his submission to the will of the
political authority and the appointing power.
(Ortiz v. COMELEC, G.R. No. 78957, 1988)
ACTS OF THE GOVERNMENT OR PEOPLE:
Conviction of a crime – termination results when
the penalties of perpetual or temporary
absolute disqualification or penalties of
perpetual or temporary special
disqualification are imposed upon conviction
by final judgment in a trial court
Abolition of office
Impeachment – way of removing the President,
Vice President, Members of the Supreme
Court and the Constitutional Commissions
and the Ombudsman
Removal – ouster of the incumbent before the
expiration of his/her term
Recall – refers to the election itself by means of
which voters decide whether they should
retain their local official or elect replacement.
The ground for recall is “loss of confidence.”
What is the relationship between
administrative liability and criminal liability?
It is a fundamental principle in the law on public
officers that administrative liability is separate
from and independent of criminal liability. A
simple act or omission can give rise to criminal,
civil or administrative liability, each
independently of the others. This is known as
the “threefold liability rule.” Thus, absolution from
a criminal charge is not a bar to an
administrative prosecution, and vice versa. The
dismissal of the administrative cases against the
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petitioners will not necessarily result in the
dismissal of the criminal complaints filed against
them. (Regidor, Jr. vs. People, G.R. No.
166086-92, 2009)
Anton was the duly elected Mayor of Tunawi
in the local elections of 2004. He got 51% of
all the votes cast. Fourteen months later,
Victoria, who also ran for mayor, filed with
the Local Election Registrar, a petition for
recall against Anton. The COMELEC
approved the petition and set a date for its
signing by other qualified voters in order to
garner at least 25% of the total number of
registered voters or total number of those
who actually voted during the local election
in 2005, whichever is lower. Anton attacked
the COMELEC resolution for being invalid.
Do you agree with Anton?
Yes, the petition should be initiated by at least
25% of the total number of registered voters of
Tunawi. (See, Republic Act 7160, Sec. 70)
L. THE CIVIL SERVICE
1. Scope
Q: What is the scope of the Civil Service?
It embraces all branches, subdivisions,
instrumentalities and agencies of the
government, including government-owned or
controlled corporations with original charter. (Art.
IX-B, Sec. 2(1)).
What are the classes of service in the Civil
Service?
1. Career Service
2. Non-Career Service
What is career service? It is
characterized by:
Entrance based on merit and fitness to
be determined by competitive
examinations or based on highly
technical qualifications
Opportunity for advancement to higher
career positions
Security of tenure (P.D. No. 807, Art. 4, Sec.
5).
It is composed of the following levels of
positions:
1st level: clerical, trades, crafts and custodial
service positions involving non-
professional/sub-professional in a non-
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supervisory or supervisory capacity requiring
less than 4 yrs of collegiate studies
2nd level: professional, technical and
scientific positions in a non-
supervisory/supervisory capacity requiring at
least 4 years of college work up to division
chief level
3rd level: career executive service positions.
(P.D No. 807, Art. 4, Sec. 7).
What is non-career service? It
is characterized by:
Entrance on bases other than those of the usual
test of merit and fitness
Tenure which is limited to
Period specified by law
Coterminous with that of appointing
authority
Subject to appointing authority’s
pleasure
Limited to the duration of a particular
project (P.D. No 807, Art. 4, Sec. 6).
They, however, enjoy constitutional guarantee
that they cannot be removed, except for
cause and after due hearing. (P.D. No 807,
Sec. 36).
2. Appointments to the civil service
What are the causes for protesting an
appointment?
Appointee not qualified
Appointee is not the next-in-rank
In the case of appointment by transfer,
reinstatement, or by original appointment,
that the protestant is not satisfied with the
written special reason(s) given by the
appointing authority. (P.D. No. 807, Art. 8,
Sec. 19(6)).
Q: What does “for cause” mean?
It means for reasons which the law and sound
public policy recognized as sufficient warrant for
approval; that is, legal cause, and not merely
causes which appointing power, in the exercise
of discretion, may deem sufficient. The cause
must relate to and affect the administration of
the office, and must be restricted to something
substantial in nature. (Eduardo de los Santos v.
Gil Mallare, G. R. No. L-3881, 1950).
May the CSC revoke an appointment?
Generally, no, but, it may be revoked/recalled by
the CSC on the following grounds:
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Non-compliance w/ the procedures/criteria
provided in the agency’s merit promotional
plan
Failure to pass through the agency’s
selection/promotion board
Violation of the existing collective agreement
between management and employees
relative to promotion
Violation of other existing civil service law, rules
& regulations
3. Personnel actions
Q: What are personnel actions?
These are any action denoting movement or
progress of personnel in the civil service.
(Omnibus Implementing Rules of E.O. No. 292,
Rule V, § 1, cited in City Mayor Debulgado v.
CSC, G.R. No. 111471, 1994)
Who may inquire into the validity of creation
of positions?
It is the CSC which is empowered to look into
the validity of creation of positions and
appointments of personnel appointed by the
Mayor which appointments were confirmed by
the CSC. There being a valid appointment
confirmed by CSC and the concerned personnel
having rendered services, payment of their
salaries is proper and legal. (Tolentino vs. Atty.
Roy Loyola, G.R. No. 153809, 2011)
Q: What are the valid personnel actions?
Extending temporary appointment, but, must not
amount to removal.
Transfer or re-assignment, which shall not
involve a reduction in rank, status, and
salary, without break in service.
Detail, which must be made in the interest of
public service, absent showing of manifest
abuse or improper motive or purpose
What are the personnel actions amounting to
removal?
Shortening term
Control does not extend to removal
Demotion
Denial of optional retirement and refusal to
reinstate
Q: Can personnel be temporarily
transferred?
Yes. But, while a temporary transfer or
assignment of personnel is permissible even
without the employee’s prior consent, it cannot
be done when the transfer is a preliminary step
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toward his removal, or is a scheme to lure him
away from his permanent position, or designed
to indirectly terminate his service, or force his
resignation. Such a transfer would in effect
circumvent the provision which safeguards the
tenure of office of those who are in the Civil
Service. (Hon. Gloria v. CA, G.R. No. 119903,
2000)
ACCOUNTABILITY OF PUBLIC
OFFICERS
Q: What is Impeachment?
Impeachment refers to the power of Congress to
remove a public official for serious crimes or
misconduct as provided in the Constitution. It is
a mechanism designed to check abuse of
power. (Corona v. Senate of the Philippines
sitting as an Impeachment Court, G.R. No.
200242, 2012)
Who may be impeached? (VP-SOC) 1.
President
2. Vice President
3. Supreme Court Justices
4. Constitutional Commission members
5. Ombudsman
What are the grounds for impeachment?
(GOT BBC)
Graft and corruption
Other high crimes
Treason
Betrayal of public trust
Bribery
Culpable violation of the Constitution
This is an exclusive list. Congress cannot add to
the list of impeachable offenses. (Bernas Primer,
page 444).
Q: How is impeachment done?
Impeachment is carried out in the following
manner:
Filing of verified complaint. Can be filed by:
Any member of the House of
Representatives
Any citizen upon a resolution or
endorsement by any Member of the
House
By at least 1/3 of all the Members of the
House of Representatives
Note: If the verified complaint or
resolution of impeachment was filed by
at least 1/3 of all the Members of the
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House, it shall constitute the Articles of
Impeachment. Trial in the Senate shall
proceed.
Inclusion of complaint in the order of business
within 10 session days
Referral to proper Committee within 3 session
days thereafter
Submission of committee report to the House
together with corresponding resolution
The report should be submitted within 60 days
from referral, after hearing, and by a majority
vote of all its members.
Calendaring of resolution for consideration by
the House
Should be done within 10 session days from
receipt thereof
Vote of at least 1/3 of all the members of the
House necessary to:
Affirm a favorable resolution with the Articles of
Impeachment of the Committee or
To override its contrary resolution
The 1-year period shall be counted from the time
of the filing of the first impeachment
complaint. Impeachment proceedings pertain
to the proceedings in the House of
Representative which commences from the
initiation of the complaint, to the referral to
proper committees, to submission of the
report to the House, subsequent deliberation,
and ends with the transmittal of the Article of
Impeachment to the Senate. An
impeachment case pertains to a trial in the
Senate which commences at the time the
Articles of Impeachment are transmitted to
the Upper House. (Art XI, Sec. 3, PHIL.
CONST.).
Who has the power to try and decide
impeachment cases?
Senate has the sole power to try and decide all
cases of impeachment.
Who has the power to initiate impeachment
complaints?
The House of Representatives has the exclusive
power to initiate impeachment cases. However,
this power has limitations, which include the
manner of filing, required vote to impeach, and
the one-year bar on the impeachment of one
and the same official. (Gutierrez v. House
Committee on Justice, G.R. No. 193459, 2011)
Who determines sufficiency of form and
substance of an impeachment complaint?
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The determination of sufficiency of form and
substance of an impeachment complaint is an
exponent of the express constitutional grant of
rule-making powers of the House of
Representatives. In the discharge of that power
and in the exercise of its discretion, the House
has formulated determinable standards as to the
form and substance of an impeachment
complaint. Questions on what constitutes as an
impeachable offense are considered to be purely
political questions and thus left to the sound
determination of the legislature. (Gutierrez v.
House Committee on Justice, G.R. No. 193459,
2011)
Can the SC inquire into the conduct of
impeachment proceedings?
The SC found it well-within its power to
determine whether Congress committed a
violation of the Constitution or gravely abused its
discretion in the exercise of its functions and
prerogatives that could translate as lack or
excess of jurisdiction in taking cognizance of two
impeachment complaints that are inquisitorial in
function, akin to a preliminary investigation.
(Gutierrez v. House Committee on Justice, G.R.
No. 193459, 2011)
What are the effects of impeachment? (LDR)
Removal from office of the official concerned
Disqualification to hold any office
Officer still liable to prosecution, trial, and
punishment if the impeachable offense
committed also constitutes a felony or
crime.
Upon endorsement from the Senate where it
was first mistakenly filed, the House of
Representatives Committee on Justice found
the verified complaint for impeachment
against the President sufficient in form but
insufficient in substance. Within the same
year, another impeachment suit was filed
against the President who questioned the
same for being violative of the Constitution.
Is the President correct?
Yes, no impeachment proceeding can be filed
against the President more than once within a
year. (Rules of Procedure in Impeachment
Proceedings, Rule 5, Sec. 14).
What is the scope of the authority of the
Ombudsman?
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The Office of the Ombudsman shall have
disciplinary authority over all elective and
appointive officials of the Government and its
subdivisions, instrumentalities and agencies,
including Members of the Cabinet, local
government, government-owned or controlled
corporations and their subsidiaries, except over
officials who may be removed only by
impeachment or over Members of Congress,
and the Judiciary. (R.A. 6770, Sec. 21)
Where does one appeal decisions of the
Ombudsman?
It depends.
Administrative disciplinary cases
GR: Rule 43, CA (Fabian v.
Desierto, G.R. No. 129742, 16
September 16, 1998)
XPN: (i) Absolved or (ii) Convicted
but penalty imposed is public
censure or reprimand,
suspension of not more than
one month, or fine equivalent to
one-month salary. (Dagan v.
Ombudsman, G.R. No. 184083,
November 19, 2013)
Criminal cases – Rule 65, SC (Tirol v.
Sandiganbayan, G.R. No. 135913,
November 4, 1999)
Consolidated administrative and criminal
cases - Rule 43, CA OR Rule 65, SC.
(Cortes v. Ombudsman, G.R. No.
187896-97, June 10, 2013)
When may the Office of the Special
Prosecutor file an information against a
public officer for graft?
The Office of the Special Prosecutor may file an
information against a public officer for graft only
when authorized by the Ombudsman. (Uy v.
Sandiganbayan, G.R. No. 105965-70, 2001).
What is the jurisdiction of the
Sandiganbayan?
It is Sandiganbayan which has jurisdiction over
appeals from criminal cases where the accused
is a government employee. Pursuant to RA
8249, the Sandiganbayan shall exercise
exclusive appellate jurisdiction over final
judgments, resolutions or orders of regional trial
courts whether in the exercise of their own
original jurisdiction or of their appellate
jurisdiction as herein provided. (Filomena v.
People, G.R. No. 188630, 2011)
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The Sandiganbayan shall exercise exclusive
original jurisdiction in all cases involving:
Violations of
R.A. 3019 (Anti-Graft and Corrupt Practices
Act
R.A. 1379 (Forfeiture of Ill-Gotten Wealth
Act)
Chap.2, Sec. 2, Title VII, Book II, RPC
Where one or more of the accused are officials,
whether in a permanent, acting or interim
capacity, at the time of the commission of
the offense:
a. Officials of the executive branch
occupying the positions of regional
director and higher, otherwise
classified as Grade 27 and higher,
of the Compensation and
Position Classification Act of
1989 (R.A. No. 6758),
Members of Congress and officials
thereof classified as Grade ’27’ and
higher under the Compensation and
Position Classification Act of 1989;
Members of the judiciary without
prejudice to the provisions of the
Constitution;
Chairmen and members of the
Constitutional Commissions, without
prejudice to the provisions of the
Constitution; and
All other national and local officials
classified as Grade ’27’ and higher
under the Compensation and
Position Classification Act of 1989.
Other offenses or felonies whether simple or
complexed with other crimes committed by the
public officials and employees mentioned in
subsection a. of this section in relation to their
office.
Civil and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1, 2, 14
and 14-A, issued in 1986. (R.A. No. 10660, Sec.
2)
Who has control over cases falling within the
jurisdiction of the Sandiganbayan?
While it is the Ombudsman who has the full
discretion to determine whether or not a criminal
case should be filed in the Sandiganbayan, once
the case has been filed with said court, it is the
Sandiganbayan, and no longer the Ombudsman,
which has full control of the case so much so
that the Information may not be dismissed
without the approval of said court. In this case,
the Sandiganbayan, ordered the Special
Prosecutor to conduct a reinvestigation and
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subsequently granted his motion to withdraw the
informations, after finding no probable cause
against the latter on reinvestigation. The
Sandiganbayan thus gave its approval to the
withdrawal of the informations and ordered the
dismissal of the cases. Since no appeal was
taken by the Special Prosecutor from the order
of dismissal within the reglementary period, the
same had become final and executory. (City
Government of Tuguegarao v. Ting, G.R. Nos.
192435-36, 2011)
Who shall act as prosecutor in cases before
the Sandiganbayan?
In all cases elevated to the Sandiganbayan and
from the Sandiganbayan to the Supreme Court,
the Office of the Ombudsman, through its
special prosecutor, shall represent the People of
the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A. A
private complainant in a criminal case before the
Sandiganbayan is allowed to appeal only the
civil aspect of the criminal case after its
dismissal by said court. (City Government of
Tuguegarao v. Ting, G.R. Nos. 192435-36,
2011)
When may ill-gotten wealth be sequestered?
Sec. 26, Art. 18 of the Constitution states that an
order of sequestration may only issue upon a
showing of a prima facie case that the properties
are ill-gotten wealth under Executive Orders 1
and 2. When a court nullifies an order of
sequestration for having been issued without a
prima facie case, the Court does not substitute
its judgment for that of the PCGG but simply
applies the law. (Republic of the Philippines v.
Sandiganbayan and Imelda Marcos, G.R. No.
155832, 2010)
Does the PCGG have the power to grant
immunity to witnesses?
Yes. The scope of immunity that the PCGG may
offer to witnesses may vary. It has discretion to
grant appropriate levels of criminal immunity
depending on the situation of the witness and
his relative importance to the prosecution of ill-
gotten wealth cases. The immunity from criminal
or civil prosecution covers immunity from giving
evidence in a case before a court of law,
because in reality the guarantee given to a
witness against being compelled to testify
constitutes a grant of immunity from civil or
criminal prosecution. (Disini v. Sandiganbayan,
G.R. No. 180564, 2010)
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N. TERM LIMITS
How does the holdover principle affect term?
The concept of holdover when applied to a
public officer implies that the office has a fixed
term and the incumbent is holding onto the
succeeding term. It is usually provided by law
that officers elected or appointed for a fixed term
shall remain in office not only for that term but
until their successors have been elected and
qualified. Where this provision is found, the
office does not become vacant upon the
expiration of the term if there is no successor
elected and qualified to assume it, but the
present incumbent will carry over until his
successor is elected and qualified, even though
it be beyond the term fixed by law. (Lecaros v.
Sandiganbayan, G.R. No. 130872), 1999)
Does voluntary renunciation interrupt a
public officer’s term?
No. Voluntary renunciation, while involving loss
of office and the total incapacity to render
service, is disallowed by the Constitution as an
effective interruption of a term. It is therefore not
allowed as a mode of circumventing the three-
term limit rule. Preventive suspension, by its
nature, does not involve an effective interruption
of a term and should therefore not be a reason
to avoid the three-term limitation. (Aldovino v.
COMELEC, G.R. No. 184836, 2009)
Alfredo was elected municipal mayor for
three consecutive terms. During his third
term, the municipality became a city. Alfredo
ran for city mayor during the next
immediately succeeding election. Voltaire
sought his disqualification citing the three-
term limit for elective officials. Will Voltaire's
action prosper?
Yes, the three-term limit uniformly applies to the
office of mayor, whether for city or municipality.
(Abundo v. Comelec, G.R. No 201716, 2013).
Adela served as Mayor of Kasim for 2
consecutive terms. On her third term,
COMELEC ousted her in an election protest
that Gudi, her opponent, filed against her.
Two years later, Gudi faced recall
proceedings and Adela ran in the recall
election against him. Adela won and served
as Mayor for Gudi's remaining term. Can
Adela run again for Mayor in the next
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succeeding election without violating the 3-
term limit?
Yes, her ouster from office in her third term
interrupted the continuity of her service as
mayor.
ADMINISTRATIVE
LAW
GENERAL PRINCIPLES
ADMINISTRATIVE AGENCIES
DEFINITION
MANNER OF CREATION
KINDS
POWERS OF ADMINISTRATIVE
AGENCIES
What are the powers of administrative
agencies?
The powers of administrative agencies are:
DISCRETIONARY - The power or right
conferred upon them by law to act officially
under certain circumstances, according to
the dictates of their own judgment and
conscience, and not controlled by the
judgment or conscience of others.
MINISTERIAL - Nothing is left to discretion; a
simple, definite duty arising under conditions
admitted or proved to exist, and imposed by
law; a duty performed in response to what
has been imposed by law under conditions
specified by law not being dependent upon
the officer’s judgment or discretion.
Is Philippine National Red Cross a public
agency?
The structure of the Philippine National Red
Cross is sui generis being neither strictly private
nor public in nature. (Liban v. Gordon, G.R. No.
175352, 2011)
QUASI-LEGISLATIVE (RULE-MAKING)
POWER
Distinguish between legislative and quasi-
legislative powers.
Legislative power involves the discretion to
determine what the law shall be. This cannot be
delegated. Quasi-legislative power only involves
the discretion to determine how the law shall be
enforced. This can be delegated. (US v. Ang
Tang Ho, G.R. No. 17122, 1922).
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Quasi-legislative power only involves the
discretion to determine how the law shall be
enforced. This can be delegated. (Smart v. NTC,
G.R. No. 151908, 2003).
Kinds of administrative rules and
regulations
What are the kinds of administrative rules
and regulations? (SIC PIP)
SUPPLEMENTARY - Those which only supply
details, also known as detailed legislation.
INTERPRETATIVE - Those that do no more than
to interpret a statute. These are given weight
and respect but are not conclusive to the courts.
CONTINGENT - Those which determine when a
statute will go into effect. Power to ascertain the
happening of such facts may be delegated to
administrative agencies.
PROCEDURAL - Those which describe the
method by which the agency will carry out its
appointed functions
INTERNAL - Those issued by a superior
administrative or executive officer to his
subordinates for the proper and efficient
administration of law.
PENAL - Those that carry out penal or criminal
sanctions for violation of the same.
(b) Requisites for validity
What are the tests for valid delegation of
quasi-legislative power?
The tests of delegation are:
COMPLETENESS test - The statute must be
complete in all its terms and conditions
when it leaves the legislature such that
when it reaches the delegate, the only thing
he will have to do is to enforce it.
(Association of Phil. Coconut Desiccators v.
Phil. Coconut Authority, G.R. No. 110526,
1998).
SUFFICIENT STANDARD test - The statute
fixes a standard, mapping out the
boundaries of the agency’s authority to
which it must conform. The law must offer a
sufficient standard to specify the limits of the
delegate’s authority, announce the
legislative policy and specify the conditions
under which it is to be implemented.
(Abakada v. Purisima, G.R. No. 166715,
2008).
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QUASI-JUDICIAL (ADJUDICATORY)
POWER
(a) Administrative due process
Q: What is administrative due process?
The essence of due process in administrative
proceedings is the opportunity to explain one's
side or seek a reconsideration of the action or
ruling complained of. As long as the parties are
given the opportunity to be heard before
judgment is rendered, the demands of due
process are sufficiently met. What is offensive to
due process is the denial of the opportunity to be
heard. (Flores v. Montemayor, G.R. No. 170146,
2011) A respondent in an administrative case is
not entitled to be informed of the preliminary
findings and recommendations; he is entitled
only to a reasonable opportunity to be heard,
and to the administrative decision based on
substantial evidence. (Valasquez v. CA, G.R.
No. 150732, 2004)
What are the rights of persons in
administrative proceedings.? (HIP DESK)
The RIGHT TO A HEARING, which includes the
right to present one’s case and submit
evidence in support thereof.
The tribunal or body or any of its judges must act
on its or his own INDEPENDENT
CONSIDERATION of the law and facts of the
controversy, and not simply accept the views
of a subordinate in arriving at a decision.
The decision must be based on the EVIDENCE
PRESENTED at the hearing or at least
contained in the record and disclosed to the
parties affected.
The DECISION must have something to support
itself.
The tribunal must CONSIDER THE EVIDENCE
presented.
Evidence supporting the conclusion must be
SUBSTANTIAL.
The board or body should, in all controversial
questions, render its decision in such a
manner that the parties to the proceeding can
KNOW the various ISSUES involved and the
REASONS for the decision rendered. (Ang
Tibay v. CIR, G.R. No. L-46496, 1940)
Administrative appeal and review
Administrative res judicata
Give an example of the application of
administrative res judicata.
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The principle of res judicata is applicable in labor
relations proceedings which are “non -litigious
and summary in nature without regard to legal
technicalities obtaining in courts of law.” (Rules
and Regulations Implementing the Labor Code,
Sec. 5, Rule XIII, Book V) That in which the
statute makes or attempts to make a court a part
of the administrative scheme by providing in
terms or effect that the court, on review of the
action of an administrative agency.
When is res judicata not applicable? It
is not applicable in:
Citizenship cases (Zita Ngo Burca v. Republic,
G.R. No. 122226, 1998 & United Pepsi Cola
v. Laguesma, G.R. No. L-24252, 1973)
When WCC Referee awards the employee less
than what the law provides (BF Goodrich v.
WCC, G.R. No. L-42319, 1978)
FACT FINDING, INVESTIGATIVE, LICENSING
AND RATE-FIXING POWERS
What are the requisites for penal laws to be
valid? (PFPO)
The law which authorizes the promulgation
of rules and regulations must itself
provide for the imposition of a penalty
for their violation;
The law must fix or define such penalty;
The violation for which the rules and
regulations impose a penalty must be
punishable under the law itself; and
The rules and regulations must be published
in the Official Gazette or newspaper of
general circulation and archived at the
UP Law Center.
Must all rules and regulations be filed with
the UP Law Center?
No. Not all rules and regulations adopted by
every government agency are to be filed with the
UP Law Center. Only those of general or of
permanent character are to be filed. Internal
rules which are meant to regulate the personnel
of the GSIS are not subject to this rule. (Board
of Trustees v. Velasco, G.R. No. 17046, 2011)
Q: What is investigatory power?
Investigatory power is the power to inspect,
secure, or require the disclosure of information
by means of accounts, records, reports,
statements and testimony of witnesses. This
power is implied and not inherent in
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administrative agencies. (Sec of Justice v.
Lantion, G.R. No. 139465, 2000).
JUDICIAL RECOURSE AND REVIEW
DOCTRINE OF PRIMARY
ADMINISTRATIVE JURISDICTION
DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
DOCTRINE OF FINALITY OF
ADMINISTRATIVE ACTION
What is the doctrine of primary
administrative jurisdiction?
Courts cannot determine a controversy, which
requires the expertise, specialized skills and
knowledge of the proper administrative
bodies because technical matters of intricate
questions of fact are involved.
Relief must first be obtained in an administrative
proceeding before a remedy will be supplied
by the court, even if the matter is within the
jurisdiction of a court. (Republic of the
Philippines v. Martinez, G.R. No. 158253,
2007).
When is the doctrine of primary
administrative jurisdiction not applicable?
Congress does not intend that the issues be left
solely to the administrative agency for initial
determination;
When issues involve questions of law; and
When courts and administrative agencies have
concurrent jurisdiction. (Republic of the
Philippines v. Martinez, G.R. No. 158253,
2007).
What is the doctrine of exhaustion of
administrative remedies?
It is the general rule that an administrative
decision must first be appealed to the
administrative superiors up to the highest level
before it may be elevated to a court of justice for
review. It is a condition precedent that must be
complied with. (Sps. Sadang v. CA, G.R. No.
140138, 2006).
When is the doctrine of exhaustion of
administrative remedies not applicable?
(DARNN JP LICD DRIED LPS Quo)
If it should appear that an IRREPARABLE
DAMAGE will be suffered by a party unless
resort to the court is immediately made.
When the respondent is the ALTER EGO of the
President
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When no administrative REVIEW is provided as
a condition precedent for court action
Where insistence on its observance would result
in the NULLIFICATION of the claim
asserted
When there was NO DECISION rendered
When there are special circumstances
demanding immediate JUDICIAL
INTERVENTION
When the administrative remedy is
PERMISSIVE or concurrent
Whenthequestionraisedis
ESSENTIALLY AND PURELY LEGAL
When strong PUBLIC INTEREST is involved
Where the issue raised is the
CONSTITUTIONALITY of the statute, rule
or regulation
Where it is a civil action for DAMAGES
Where the officer acted in utter
DISREGARD OF DUE PROCESS
When there is NO OTHER plain, speedy,
adequate REMEDY
When act complained of is PATENTLY ILLEGAL
When the administrative body or the person
invoking the doctrine is in ESTOPPEL
When there is long-continued and
UNREASONABLE DELAY
When the subject of controversy is
PRIVATE LAND
When the controversy involves POSSESSORY
ACTION involving public lands
When the claim involved is SMALL so that to
require exhaustion would be oppressive
and unreasonable
In QUO WARRANTO proceedings
Jax Liner applied for a public utility bus
service from Bacolod to Dumaguete from the
Land Transportation Franchising and
Regulatory Board (LTFRB). BB Express
opposed. LTFRB ruled in favor of Jax. BB
appealed to the Secretary of the Department
of Transportation and Communication
(DOTC), who reversed the LTFRB decision.
Jax appealed to the Office of the President
which reinstated the LTFRB’s ruling. BB
Express went to the Court of Appeals on
certiorari questioning the decision of the
Office of the President on the ground that
Office of the President has no jurisdiction
over the case in the absence of any law
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providing an appeal from DOTC to the Office
of the President. Will the petition prosper?
No, the action of the DOTC Secretary bears only
the implied approval of the President who is not
precluded from reviewing the decision of the
former. (Land Car Inc. v. Bachelor Express, G.R.
No. 154377, 2003).
What is the doctrine of finality of
administrative action?
It provides that courts are reluctant to interfere
with actions of an administrative agency prior to
its completion or finality. Absent a final order or
decision, power has not been fully and finally
exercised, and there can usually be no
irreparable harm. (Mendiola v. CSC, G.R. No.
100671, 1993).
When is the doctrine of finality of
administrative action not applicable? (SPA
DIVE)
1. To grant relief to preserve STATUS QUO
pending further action by the administrative
agency;
2. Essential to the PROTECTION OF RIGHTS
asserted;
3. When ALLOWED by law;
4. When the order is NOT REVIEWABLE and
the complainant will suffer great and obvious
DAMAGE if the order is carried out;
5. An INTERLOCUTORY ORDER affecting the
merits of a controversy;
6. An administrative officers acts in VIOLATION
of constitution and other laws and
7. To an order made in EXCESS of power,
contrary to specific prohibitions in the statute.
What is the doctrine of ripeness for review?
The same as that of exhaustion of administrative
remedies, except that it applies to the rule
making and to administrative action which is
embodied neither in rules or regulations nor in
adjudication or final order.
How should the court view administrative
findings?
Factual findings made by quasi-judicial bodies
and administrative agencies when supported by
substantial evidence are accorded great respect
and even finality by the appellate courts. This is
because administrative agencies possess
specialized knowledge and expertise in their
respective fields. As such, their findings of fact
are binding upon the Court unless there is a
showing of grave abuse of discretion, or where it
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is clearly shown that they were arrived at
arbitrarily or in disregard of the evidence on
record. (Japson v. Civil Service Commission
(G.R. No. 189479, 2011)
ELECTION
LAW
SUFFRAGE
QUALIFICATION AND
DISQUALIFICATION OF VOTERS
What are the required qualifications for
voters?
Be a Filipino citizen
At least 18 years of age
Has resided in the Philippines for at least 1
year
Has resided in the place where they propose
to vote for at least 6 months immediately
preceding election
Free from disqualifications
No literacy, property, or other substantive
requirements shall be imposed on the exercise
of suffrage. (PHIL CONST. art. V, § 1)
Can the COMELEC authorize the citizens arm
to use election returns for unofficial count?
YES. It may authorize the citizen’s arm to use
election returns for unofficial count. (COMELEC
Resolution 8786)
What are the grounds for disqualification to
vote? (FDI)
Sentenced by FINAL JUDGMENT to suffer
IMPRISONMENT NOT LESS THAN 1 YEAR
Adjudged by final judgment by a competent
court of having committed any crime
involving DISLOYALTY to the duly
constituted government (e.g. rebellion or
crimes against national security)
For (1) and (2):
Disqualification may be removed by plenary
pardon or amnesty
Reacquire the right to vote upon expiration
of 5 years after service of sentence
INSANE or INCOMPETENT persons as
declared by competent authority
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C. REGISTRATION OF VOTERS
Is registration to the biometrics system an
additional requirement before a person can
exercise his or her right to suffrage?
No. The biometrics registration requirement is
not a "qualification" to the exercise of the right of
suffrage, but a mere aspect of the registration
procedure, of which the State has the right to
reasonably regulate. Unless it is shown that a
registration requirement rises to the level of a
literacy, property or other substantive
requirement as contemplated by the Framers of
the Constitution - that is, one which propagates
a socio-economic standard which is bereft of
any rational basis to a person's ability to
intelligently cast his vote and to further the public
good - the same cannot be struck down as
unconstitutional.
The assailed biometrics registration regulation
on the right to suffrage was sufficiently justified
as it was indeed narrowly tailored to achieve the
compelling state interest of establishing a clean,
complete, permanent and updated list of voters,
and was demonstrably the least restrictive
means in promoting that interest. (Kabataan
Partylist vs. COMELEC, G.R. No. 221318, 2015)
How does one change domicile for purposes
of voting?
To successfully effect a transfer of domicile, one
must demonstrate: (1) an actual removal or
change of domicile; (2) a bona fide intention of
abandoning the former place of residence and
establishing a new one; and (3) acts which
correspond with that purpose. There must be
animus manendi coupled with animus non
revertendi. (Asistio v. Canlas, G.R. No. 191124,
2010)
INCLUSION AND EXCLUSION
PROCEEDINGS
Q: What are inclusion proceedings?
Inclusion proceedings are proceedings which
may be filed any time EXCEPT during 105 days
before regular elections or 75 days before
special elections for any of the followings
grounds:
Application for registration has been
disapproved by the board
Name has been stricken out (Sec. 34, R.A.
No. 8189)
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What are Exclusion proceedings? Exclusion
proceedings are proceedings, requiring a sworn
petition, which may be filed any time EXCEPT
during 100 days before regular elections or 65
days before special elections, on any of the
following grounds:
Not qualified or has DQ
Flying voters
Ghost voters (Sec. 35, R.A. No. 8189)
Q: What is a leadership issue?
A leadership issue within a political party is one
that the COMELEC had to settle. However, the
expulsion of a member is purely a membership
issue that had to be settled within the party. It is
an internal party matter over which the
COMELEC has no jurisdiction. The COMELEC’s
jurisdiction over intra-party disputes is limited. It
does not have blanket authority to resolve any
and all controversies involving political parties.
Political parties are generally free to conduct
their activities without interference from the
state. The COMELEC may intervene in disputes
internal to a party only when necessary to the
discharge of its constitutional functions. (Atienza
v. COMELEC, G.R. No. 188920, 2010)
POLITICAL PARTIES
JURISDICTION OF THE COMELEC
OVER POLITICAL PARTIES
REGISTRATION
Q: What are political parties?
Political parties are organized groups of persons
pursuing the same ideology, political ideas or
platforms of government including its branches
and divisions. (Sec. 60, Omnibus Election Code)
What organizations or parties cannot register
as political parties in this jurisdiction?
1. Religious sects
2. Those which seek to achieve their goals
through unlawful means
3. Those which refuse to adhere to the
Constitution
4. Those which are supported by any foreign
government. (PHIL CONST. art. IX-C, §2(5))
What are the qualifications of a party-list
nominee?
A natural-born citizen of the Philippines
A registered voter
A resident of the Philippines for a period of
not less than 1 year immediately
preceding the election day
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Able to read and write
A bona fide member of the party he seeks to
represent for at least 90 days preceding
election day
At least 25 years of age on election day.
(Sec. 9, R.A. No. 7941)
Which organizations are disqualified from
registering as party-list organizations?
(F2V2R COPS)
Foreign party or organization
Receives Foreign support
Advocates Violence
Violates election laws
Religious sect, denomination, organization
Ceased to exist for at least 1 year
Failed to Obtain at least 2% of the votes cast
under the party-list system in the 2
preceding elections
Failed to Participate in the last 2 preceding
elections
Untruthful Statements in its petition (Sec. 6, R.A.
No. 7941)
Rudy Domingo, 38 years old, natural-born
Filipino and a resident of the Philippines
since birth, is a Manila-based entrepreneur
who runs KABAKA, a coalition of peoples’
organizations from fisherfolk communities.
KABAKA’s operations consists of
empowering fisherfolk leaders through
livelihood projects and trainings on good
governance. The Dutch Foundation on Good
initiatives, a private organization registered
in the Netherlands, receives a huge subsidy
from the Dutch Foreign Ministry, which, in
turn is allocated worldwide to the
Foundation’s partners like KABAKA. Rudy
seeks to register KABAKA as a party-list with
himself as nominee of the coalition. Will
KABAKA and Rudy be qualified as a party-
list and a nominee, respectively?
KABAKA and Rudy are not qualified as a party
list and as nominee, since KABAKA is receiving
a subsidy from the Dutch Foreign Ministry.
Under Section 2(5), Article IX-C of the
Constitution, a political party which is supported
by any foreign government cannot be registered
with the COMELEC. (PHIL. CONST. art. IX-C,
§2(5))
Explain the formula for allocating seats for
party-list representatives.
The 20% allocation - the combined number of all
party-Iist representatives shall not exceed 20%
of the total membership of the House of
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Representatives, including those elected under
the party list;
The 2% threshold - only those parties garnering
a minimum of 2% of the total valid votes cast for
the party-list system are "qualified" to have a
guaranteed seat in the House of
Representatives. As such, this 2% threshold is
only important in determining which parties have
guaranteed seats for the first round of
distributing the available seats;
The three -seat limit - each qualified party,
regardless of the number of votes it actually
obtained, is entitled to a maximum of three
seats; that is, one "qualifying" and two additional
seats; and
For each of these rules, state the
constitutional or legal basis, if any, and the
purpose.
For the 20% allocation: the party-list
representatives should not exceed 20% of the
total membership of the House of
Representatives, because this is the maximum
number of party-list representatives provided in
Sec. 5(3), Art. VI of the 1987 Constitution.
(Veterans Federation Party v. COMELEC, G.R.
No. 136781, 2000)
For the three-seat limit rule: under Sec. 11(b) of
RA No. 7941, a party-list shall be entitled to a
maximum of three seats in the House of
Representatives regardless of the votes they
receive during elections. The limit is imposed so
that no single group will dominate the party-list
seats. (Veterans Federation Party v. COMELEC,
G.R. No. 136781, 2000)
For the 2% threshold, the Court in the case of
BANAT v. COMELEC, struck this down in
relation to the distribution of the additional seats
as found in Sec. 11(b) of R.A. No. 7941. Thus,
the 2% is only important in determining which
parties have guaranteed seats (in the first
round). In distributing the additional seats (in the
second round), even parties which did not obtain
at least 2% of the votes cast may be entitled to
seats in the House of Representatives. For the
distribution of the additional seats, the basis is
proportional representation.
In computing the additional seats, the
guaranteed seats shall no longer be included
because they have already been allocated, at
one seat each, to every “two-percenter.” Thus,
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the remaining available seats for allocation as
“additional seats” are the maximum seats
reserved under the Party List System less the
guaranteed seats. Fractional seats are
disregarded in the absence of a provision in R.A.
No. 7941 allowing for a rounding off of fractional
seats. (BANAT v. COMELEC, G.R. No. 179271,
2009)
Given these rules, the procedure in allocating
party -list seats in the House of Representatives
is as follows:
Rank all party-lists according to votes
received;
Determine the 2% qualifiers;
Determine the additional seats by deducting
the number of guaranteed seats (2%
qualifiers) from the maximum allowed
seats
ex. 55 (220 x 20%) – 17 (17 2%
qualifiers in this case) = 38 seats left;
Divide the number of votes received by all
parties (2% qualifiers and non-qualifiers)
by the total number of votes cast;
Distribute the additional seats (rounded
down) in accordance to the ranking.
(BANAT v. COMELEC, G.R. No.
179271, 2009)
May a nominee of a sectoral party who
changes his sectoral affiliation within the
same party be eligible for nomination under
the new sectoral affiliation?
It depends. Section 15 of RA 7941 provides that
a nominee of a sectoral party who changes his
sectoral affiliation within the same party is not
eligible for nomination under the new sectoral
affiliation, unless such change occurred at least
six months before the elections. Section 15
clearly covers changes in both political party and
sectoral affiliation within the same party.
(Amores v. HRET, G.R. No. 189600, 2010)
Is moral disapproval a ground to justify
exclusion from the party-list system? (DEL
CASTILLO)
No. Moral disapproval is not a sufficient
governmental interest to justify exclusion of
homosexuals from participation in the party-list
system. (Ang Ladlad LGBT Party v. COMELEC,
G.R. No. 190582, 2010)
CANDIDACY
QUALIFICATIONS OF CANDIDATES
FILING OF CANDIDACY
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What are the grounds for disqualification of
candidates? (LFFD-NEDS)
Lacking qualifications
Filing a COC for more than 1 office
False and material representation in the
COC
Disqualifications under the LGC
Nuisance candidate
Election offenses enumerated under Sec. 68
of the Omnibus Election Code
Declared insane or incompetent by
competent authority
Sentenced by final judgment for subversion,
insurrection, rebellion or an offense
which he has been sentenced to a
penalty of more than 18 months, or a
crime involving moral turpitude, unless
given plenary pardon/ amnesty
Why is Erap Estrada allowed to be a
candidate in the elections?
Former President Estrada was granted an
absolute pardon that fully restored all his civil
and political rights, which naturally includes the
right to seek public elective office. The wording
of the pardon extended to him is complete,
unambiguous, and unqualified. (Risos-Vidal v.
COMELEC and Estrada, G.R. No. 206666,
2015)
Governor Paloma was administratively
charged with abuse of authority before the
Office of the President. Pending hearing, he
ran for reelection and won a second term. He
then moved to dismiss the charge against
him based on this supervening event. Should
the motion be granted?
No. Election is not a mode of condoning an
administrative offense, and there is simply no
constitutional or statutory basis in our jurisdiction
to support the notion that an official elected for a
different term is fully absolved of any
administrative liability arising from an offense
done during a prior term. (Carpio-Morales v.
Binay, G.R. No. 217126-27, 2015)
When is there false and material
misrepresentation?
There is false and material misrepresentation in
a certificate of candidacy when the
misrepresentation is:
FALSE
MATERIAL (goes into one’s qualifications)
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DELIBERATE and there is an intention to
defraud the electorate. (Tecson v.
COMELEC, G.R. No. 161434, 2004)
When is there no false and material
misrepresentation?
When a candidate uses the name of her
long-time live-in partner OR states a
false profession (Salcedo v. COMELEC,
G.R. No. 135886, 1999)
When the candidate is actually qualified
even if the entries in the COC as filled
up by the candidate will show that he is
not (Romualdez-Marcos v. COMELEC,
G.R. No. 119976, 1995)
When the candidate, supported by a
preponderance of evidence, believed
that he was qualified since there was no
intention to deceive the electorate as to
one’s qualifications for public office
(Tecson v. COMELEC, G.R. No.
161434, 2004)
What is the duty of COMELEC in cases
involving false and material
misrepresentation?
The COMELEC must determine whether or not
the candidate deliberately attempted to mislead,
misinform or hide a fact about his or her
residency that would otherwise render him or
her ineligible for the position sought. The
COMELEC gravely abused its discretion in this
case when, in considering the residency issue, it
based its decision solely on very personal and
subjective assessment standards, such as the
nature or design and furnishings of the dwelling
place in relation to the stature of the candidate.
(Mitra v. COMELEC, G.R. No. 191938, 2010)
Who are covered by the ban on partisan
political activity?
The ban against partisan political activity is
addressed to appointive and NOT elective public
officials. (Quinto v. COMELEC, G.R. No.
189698, 2010)
Person A was declared winner in the
elections for mayor. Person B, the 2 nd placer,
filed a petition to disqualify, contending
Person A wasn’t a Filipino citizen. The
Supreme Court declared Person A as not a
Filipino Citizen. Can Person B be proclaimed
as winner in the election?
Yes. When a person who is not qualified is voted
for and eventually garners the highest number of
votes, even the will of the electorate expressed
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through the ballot cannot cure the defect in the ELECTION PROTEST
qualifications of the candidate. To rule otherwise QUO WARRANTO
is to trample upon and rent asunder the very law
that sets forth the qualifications and Who may initiate a petition to deny due
disqualifications of candidates. When there are course or petition for disqualification?
participants who turn out to be ineligible, their COMELEC may MOTU PROPIO or upon
victory is voided and the laurel is awarded to the VERIFIED PETITION of any interested party
next in rank who does not possess any of the refuse to give due course or cancel a CoC
disqualifications nor lacks any of the when:
qualifications set in the rules to be eligible as The CoC has been filed to put the election
candidates. Knowledge by the electorate of a process in mockery or disrepute
candidate’s disqualification is not necessary Causes confusion among the voters by the
before a qualified candidate who placed second similarity of the names of the registered
to a disqualified one can be proclaimed as the candidates
winner (Maquiling v. Commission on Elections, Other circumstances which clearly
G.R. No. 195649, 2013). demonstrate that the candidate has no
bona fide intention to run for the office.
CAMPAIGN (Sec. 69, Omnibus Election Code)
PREMATURE CAMPAIGNING
PROHIBITED CONTRIBUTIONS Differentiate petition for disqualification and
LAWFUL AND PROHIBITED ELECTION petition to deny due course/to cancel
PROPAGANDA certificate of candidacy.
LIMITATIONS ON EXPENSES
STATEMENT OF CONTRIBUTION AND Petition for Petition to Deny Due
EXPENSES Disqualification Course/to Cancel
Certificate of
What acts are to be considered as premature Candidacy
A person who is A petition to deny due
campaigning?
disqualified under course or cancel
A candidate is liable for an election offense only Section 68 is merely certificate of candidacy
for acts done during the campaign period, not prohibited to continue as is grounded on a
before. The act of engaging in an election a candidate. statement of a material
campaign or partisan political activity to representation in the
“promote the election or defeat of a particular Thus, a candidate who said certificate that is
candidate or candidates” before the start of the is disqualified under false.
campaign period, is what was commonly known Section 68 can validly
as premature campaigning. Because premature be substituted under The person whose
Section 77 of the OEC certificate is cancelled
campaigning requires the existence of a
because he/she remains or denied due course is
“candidate” and because there is no “candidate” a candidate until not treated as a
to speak of until the start of the campaign disqualified. candidate at all, as if
period, there is no premature campaigning yet. he/she never filed a
(Penera v. COMELEC, G.R. No. 181613, 2009) CoC. A person whose
CoC has been denied
BOARD OF ELECTION INSPECTORS due course or cancelled
AND BOARD OF CANVASSERS under Section 78 cannot
be substituted because
COMPOSITION he/she is never
POWERS considered a candidate
REMEDIES AND JURISDICTION IN Sec. 12, 68, OEC Sec. 78, OEC
ELECTION LAW Sec. 40, LGC
PETITION NOT TO GIVE DUE COURSE
TO CANCEL A CERTIFICATE OF Despite lingering questions about his
CANDIDACY Filipino citizenship and his one-year
PETITION FOR DISQUALIFICATION residency in the district, Gabriel filed his
PETITION TO DECLARE FAILURE OF certificate of candidacy for congressman
ELECTIONS before the deadline set by law. His opponent,
PRE-PROCLAMATION CONTROVERSY Vito, hires you as lawyer to contest Gabriel’s

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candidacy. Before election day, what action Certificate of

or actions will you institute against Gabriel, Candidacy
and before which court, commission or Initiated before Initiated after elections
tribunal will you file such action/s? elections
I will file a petition to cancel the certificate of Misrepresentation in the (1) Ineligibility; or
Certificate of Candidacy (2) Disloyalty to the
candidacy of Gabriel in the COMELEC because (Sec. 78, OEC) Republic of the
of the false material misrepresentation that he is Philippines
qualified to run for congressman. (Sec. 78, The petition must be
OEC; Fermin v. COEMELEC, G.R. No. 179695,
2008). initiated within ten days
after the proclamation of
If, during the pendency of such action/s but the election results. A
before election day, Gabriel withdraws his candidate is ineligible if
certificate of candidacy, can he be he is disqualified to be
elected to office, and he
substituted as candidate? If so, by whom
is disqualified if he lacks
and why? If not, why not? any of the qualifications
If Gabriel withdraws, he may be substituted by a for elective office. (Sec.
candidate nominated by his political party. 253, Omnibus Election
Section 77 of the Omnibus Election Code states: Code)
“If after the last day for filing of certificates of
candidacy, an official candidate of a registered Hans Roger filed his certificate of candidacy
or accredited political party dies, withdraws or is but withdrew the same. He was substituted
disqualified for any cause, only a person by Joy Luna but the COMELEC denied due
belonging to, and certified by, the same political course to her certificate on the ground that
party may file a certificate of candidacy to Hans, being under age, could not have filed a
replace the candidate who dies, withdrew or was valid certificate of candidacy. There was,
disqualified.” however, no petition to deny Hans’ certificate
of candidacy. Did the COMELEC act
If the action/s instituted should be dismissed correctly? Why or why not?
with finality before the election, and Gabriel No. The COMELEC acted with grave abuse of
assumes office after being proclaimed the discretion amounting to lack or excess of
winner in the election, can the issue of his jurisdiction in declaring that Hans Roger, being
candidacy and/or citizenship and residence under age, could not be considered to have filed
still be questioned? If so, what action or a valid certificate of candidacy and, thus, could
actions may be filed and where? If not, why not be validly substituted by Luna. The
not? COMELEC may not, by itself, without the proper
The question of the candidacy and residence of proceedings, deny due course to or cancel a
Gabriel can be questioned in the House of certificate of candidacy filed in due form.
Representatives Electoral Tribunal by filing a (Cipriano v. COMELEC, G.R. No. 158830, 2004)
quo warranto case. Since it is within its The question of eligibility or ineligibility of a
jurisdiction to decide the question of the candidate for non-age is beyond the usual and
qualification of Gabriel, the decision of the proper cognizance of the COMELEC. (Sanchez
COMELEC does not constitute res judicata. v. Del Rosario, G.R. No. L-16878, 1961)
(Jalandoni v. Crespo, HRET Case No. 01-020,
2003) Once a candidate for member of the If Hans Roger made a material
House of Representatives has been proclaimed, misrepresentation as to his date of birth or age
the House of Representatives Electoral Tribunal in his certificate of candidacy, his eligibility may
acquires jurisdiction over the lection contest only be impugned through a verified petition to
relating to his qualifications. (Guerrero v. deny due course to or cancel such certificate of
COMELEC, G.R. No. 137004, 2000) candidacy under Section 78 of the Election
Code.
Differentiate petition to deny due
course/cancel CoC and petition for quo In this case, there was no petition to deny due
warranto. court to or cancel the certificate of candidacy of
Hans Roger. The COMELEC only declared that
Petition to Deny Due Petition for Quo Hans Roger did not file a valid certificate of
Course/Cancel Warranto

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candidacy. In effect, the COMELEC, without the
proper proceedings, cancelled Hans Roger’s
certificate of candidacy and declared the
substitution of Luna invalid. (Luna v. COMELEC,
G.R. No. 165983, 2007)
Is the decision of the COMELEC in a
proceeding for disqualification final?
No. A COMELEC resolution declaring a
candidate disqualified for the said position is not
yet final if a motion for reconsideration has been
timely filed. At that point, he still remains
qualified and his proclamation thereafter is valid.
As a result, COMELEC's jurisdiction to contest
his citizenship ends, and the HRET's own
jurisdiction begins. (Gonzales v. COMELEC,
G.R. No. 192856, 2011)
What is the proper procedure to be resorted
to in case of a tie?
FOR PRESIDENT OR VICE PRESIDENT: A tie
among two or more candidates for President or
Vice President shall be broken by majority vote
of both houses of Congress voting separately
(Sec. 4, Art. VII of 1987 Constitution).
FOR OTHER POSITIONS: In the case of other
positions, the tie shall be broken by the drawing
of lots (Sec. 240, Omnibus Election Code;
Tugade vs. COMELEC, G.R. No. 171063, 2007)
Q: When is there failure of elections?
There is a failure to elecT when nobody can be
declared as a winner because the will of the
majority has been defiled and cannot be
ascertained.
When may failure of elections be declared?
Election was suspended before the hour fixed by
law for the closing of the voting (5 P.M.)
Election in any polling place was not held on the
date fixed
election RESULTS in a failure to elect (after the
voting and during the preparation and
transmission of the election returns or in the
custody or canvass thereof) (Sison v.
COMELEC, G.R. No. 134096, 1999)
Q: When can elections be annulled?
Winner cannot be determined
Illegality must affect more than 50% of the votes
cast
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Good votes cannot be distinguished from the
bad votes (Carlos v. Angeles, G.R. No.
142907, 2000)
What is a pre-proclamation controversy? Any
question pertaining to or affecting the
proceedings of the Board of Canvassers which
may be raised by any candidate or registered
political party, or coalition. (Sec. 241, Omnibus
Election Code)
What are grounds for pre-proclamation
controversies?
The grounds are:
Illegal composition or proceedings of the board
of canvassers
Irregularities in relation to the preparation,
transmission, receipt, custody, and
appreciation of election returns and
certificates of canvass.
Canvassed returns are incomplete, contain
material defects.
ERs prepared under duress, threats,
coercion, intimidation, obviously
manufactured.
Substitute or fraudulent returns in controverted
polling places are canvassed, and the
results materially affect the standing of
candidates (Sec. 243, Omnibus Election
Code)
Are pre-proclamation cases allowed for
President, Vice President, Senator and
members of the House of Representatives?
As a general rule, pre-proclamation cases are
NOT allowed in elections for the President, Vice
President, Senator and members of the House
of Representatives. (Chavez v. COMELEC, G.R.
No. 162777, 2004; Cerbo v. COMELEC, G.R.
No. 168411, 2007).
However, they are allowed when there are:
Manifest Errors in the ERs or CoCs. These
may be corrected motu propio or upon
written complaint of any interested person.
Questions affecting the composition or
proceedings of the board of canvassers,
which may be initiated in the board or
directly with the Commission in accordance
with Section 19, RA 7166.
When are pre-proclamation cases deemed
terminated?
At the beginning of the term of the office
involved and the rulings of the BOC
concerned are deemed affirmed.
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This is without prejudice to the filing of a regular
election protest by the aggrieved party.
(Sarmiento v. COMELEC, G.R. No. 105628,
1992)
May the proceedings continue even if they
are deemed terminated?
COMELEC determines that the petition is
meritorious and issues an order for the
proceedings to continue
The SC issues an order for the proceedings to
continue in a petition for certiorari. (Sec. 16,
R.A. No. 7166)
Differentiate between pre-proclamation
controversy and election contests. Pre-
proclamation controversy involves those before
proclamation of candidate. Jurisdiction of
COMELEC is administrative or quasi-judicial.
(Macabago v. COMELEC, G.R. No. 152163,
2002)
For election contests, they are after
proclamation of candidate, and jurisdiction of
COMELEC is quasi-judicial. (Tecson v.
COMELEC, G.R. No. 161434, 2004)
Where do you bring matters regarding the
preparation, transmission, receipt, custody,
and appreciation of election returns?
Matters regarding the preparation, transmission,
receipt, custody, and appreciation of election
returns shall be brought, in the first instance,
before the boards of canvassers, not the
COMELEC. (Fernandez v. COMELEC, G.R. No.
171821, 2006)
May the COMELEC go beyond the face of the
election return?
As a general rule, COMELEC cannot go beyond
the face of an election return, except when there
is prima facie showing that the ER is not
genuine. Example: when several entries have
been omitted. (Lee vs. COMELEC, G.R. No.
157004, 2003)
The 1st Legislative District of South Cotabato
is composed of General Santos
andthreemunicipalitiesincluding
Polomolok. During the canvassing
proceedings before the District Board of
Canvassers in connection with the 2007
congressional election, candidate MP
objected to the certificate of canvass for
Polomolok on the ground that it was
obviously manufactured, submitting as
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evidence the affidavit of a mayoralty
candidate of Polomolok. The certificate of
canvass for General Santos was likewise
objected to by MP on the basis of the
confirmed report of the local NAMFREL that
election returns from non-existent precincts
were included in the certificate. MP moved
that the certificate of canvass for General
Santos be corrected to exclude the result
from the non-existent precincts. The District
Board of Canvassers denied both objections
and ruled to include the certificate of
canvass. May MP appeal the rulings to the
COMELEC? Explain.
No, MP cannot appeal the rulings to the
COMELEC. Under Sec. 15 of RA 7166, no pre-
proclamation controversies regarding the
appreciation of election returns and certificates
of canvass may be entertained in elections for
members of the House of Representatives. The
canvassing body may correct manifest errors in
the certificate of canvass. His recourse is to file
a regular election protest before the HRET.
(Pimentel v. COMELEC, G.R. No. 178413,
2008)
Who has jurisdiction over contests involving
the composition of the board or proceedings
before it?
Contests involving composition or proceedings
of the Board of canvassers, EXCEPT Congress,
may be initiated in the Board of Canvassers or
COMELEC. (Sec. 15 and 17, R.A. No. 7166)
Who has jurisdiction over contests involving
election returns?
Contests involving election returns should be
brought in the first instance before the board of
canvassers only. (Sec. 17, R.A. NO. 7166)
Q: What is the two-objection rule?
According to the two-objection rule, oral
objection and written objection must be
submitted simultaneously to the Board of
Canvassers chairperson before ERs have been
canvassed. There is substantial compliance
even if the oral objection is filed first, then the
written objection with evidence is submitted
within 24 hours. (Marabur v. COMELEC, G.R.
No. 169513, 2007)
Who may prosecute a candidate who
commits vote buying on Election Day itself?
A candidate who commits vote buying on
Election Day itself shall be prosecuted by the
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COMELEC. (Nolasco v. COMELEC, G.R. No. (PHIL.

122250, 1997)

The COMELEC en banc cannot hear and

decide a case at first instance. What is the LIMITED jurisdiction
exception? CONST. art. IX-C,
The exception is when the case involves a §2(2))
purely administrative matter. a. COMELEC may issue extraordinary
writs of certiorari, prohibition and
What are the grounds for a recount? 1. mandamus (Relampagos v. Cumba,
There are material defects in the ERs G.R. No. 118861, 1995).
2. The ERs are tampered or falsified
3. There are discrepancies in the ERs What are the types of election contests?
There are two types of election contests:
What is the rule for recounts in regular Election protest; and
elections? Quo Warranto.
In regular election contests, the general
averment of fraud or irregularities in the counting Differentiate between election protest and
of votes justifies the examination of the ballots quo warranto.
and recounting of votes. This process of
examination is the revision of the ballots
pursuant to Section 6, Rule 20 of the 1993
COMELEC Rules of Procedure. The protests Election Protest Quo Warranto
involved herein assailed the authenticity of the Contest between a It is a proceeding to
election returns and the veracity of the counting winning candidate and unseat an ineligible
of the ballots. In that regard, the ballots a defeated candidate person from office.
themselves are the best evidence. The only It is filed only by a It may be filed by any
means to overcome the presumption of candidate who has duly voter
legitimacy of the election returns is to examine filed a CoC to the same
and determine first whether the ballot boxes office and has been
have been substantially preserved in the manner voted for.
mandated by law. Hence, the necessity to issue Grounds: Grounds:
the order of revision. (Tolentino v. COMELEC, (1) Election Fraud (1) Disloyalty
G.R. No. 187958, April 7, 2010) (2) Irregularities in (2) Ineligibility
the casting and
What is the objective of an election contest? counting of
The objective of election contests is to dislodge votes or in the
the winning candidate from office and determine preparation of
the true winner. the ER
The protestee may be The respondent may
What is the jurisdiction of COMELEC over unseated and the be unseated, but the
election contests? protestant may be petitioner may or may
ORIGINAL Jurisdiction over contests relating installed into the office not be installed into
to elections, returns, and qualifications vacated. the office vacated.
of all elective:
Regional What are examples of irregularities to
Provincial constitute an election protest?
City officials Misappreciation
APPELLATE Jurisdiction over contests Violence
involving: Intimidation
Elective Municipal officials decided No padlock
by trial courts of GENERAL Padding of votes
jurisdiction
Elective Barangay officials decided When is there abandonment of an election
by trial courts of protest?
A protestant who runs for another office is
deemed to have abandoned his protest. This is
especially true in a case where the protestant
pending the election protest, ran, won, assumed
the post and discharged the duties as such.
(Idulza vs. COMELEC, G.R. No. 160130, 2004)
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Abdul ran and won in the May 2001, 2004 and
2007 elections for Vice-Governor of Tawi-
Tawi. After being proclaimed Vice-Governor
in the 2004 elections, his opponent, Khalil,
filed an election protest before the
Commission on Election. Ruling with finality
on the protest, the COMELEC declared Khalil
as the duly elected Vice-Governor though the
decision was promulgated only in 2007,
when Abdul had fully served his 2004-2007
term and was in fact already on his 2007-
2010 term as Vice Governor. Abdul now
consults you if the can still run for Vice-
Governor of Tawi-Tawi in the forthcoming
May 2010 election on the premise that he
could not be considered as having served as
Vice-Governor from 2004-2007 because he
was not duly elected to the post, as he
assumed office merely as a presumptive
winner and that presumption was later
overturned when COMELEC decided with
finality that had lost in the May 2004
elections. What will be your advice?
I shall advise Abdul that he cannot run for Vice-
Governor of Tawi-tawi in the May 2010 elections.
His second term should be counted as a full
term served in contemplation of the three-term
limit prescribed by Sec. 8, Art. X of the
Constitution. Since the election protest against
him was decided after the term of the contested
office has expired, it had no practical and legal
use and value. (Ong v. Alegre, G.R. No. 163295,
2006)
Abdul also consults you whether his political
party can validly nominate his wife as
susbtitute candidate for Vice-Mayor of Tawi-
Tawi in May 2010 elections in case the
COMELEC disqualifies him and denies due
course to or cancels his certificate of
candidacy in view of a false material
representation therein. What will be your
advice?
I shall advise Abdul that his wife cannot be
nominated as substitute candidate for Vice-
Governor of Tawi-tawi. The denial of due course
to and cancellation of a certificate of candidacy
is not one of the cases in which a candidate may
validly be substituted. A cancelled certificate
does not give rise to a valid candidacy. Under
Sec. 77 of the Omnibus Election Code, a valid
certificate of candidacy is an indispensable
requisite in case of substitution of a disqualified
candidate. (Miranda v. Alegre, G.R. No. 136351,
1999)
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How should one view the actual ballots in
election contests?
Ballots are the best and most conclusive
evidence in an election contest where the
correctness of the number of votes of each
candidate is involved. But, election returns are
the best evidence when the ballots are lost,
destroyed, tampered with or fake. (Delos Reyes
v. COMELEC, G.R. No. 170070, 2007)
J. PROSECUTION OF ELECTION
OFFENSES
What is the task of COMELEC in the
prosecution of election offenses?
The task of the COMELEC as investigator and
prosecutor, acting upon any election offense
complaint, is not the physical searching and
gathering of proof in support of a complaint for
an alleged commission of an election offense. A
complainant has the burden, as it is his
responsibility, to follow through his accusation
and prove his complaint. (Kilosbayan v.
COMELEC, G.R No. 128054, 1997)
Under Article IX-A, Section 2(b) of the
Constitution, the COMELEC is empowered to
investigate and, when appropriate, prosecute
election offenses. Under Section 265 of the
Omnibus Election Code, the COMELEC,
through its duly authorized legal officers, has the
exclusive power to conduct preliminary
investigation of all election offenses punishable
under the Omnibus Election Code, and to
prosecute the same. (COMELEC vs. Español,
G.R. No. 149164-73, 2003)
K. ELECTION AUTOMATION LAW
What is the difference between a paper-
based and direct record election system?
PAPER-BASED DIRECT RECORD
ELECTRONIC
ELECTION SYSTEM
ELECTION SYSTEM
A type of automated A type of automated
election system that election system that
uses paper ballots, uses electronic
records and counts ballots records votes
votes, tabulates, by means of a ballot
consolidates/canvass display provided with
es and transmits mechanical or
electronically the electro-optical
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results of the vote components that can B. MUNICIPAL CORPORATIONS

count be activated by the
voter, processes data
by means of a
computer program,
records voting data
and ballot images,
and transmits voting
results electronically
Q: Which system must COMELEC use?
The Commission on Elections may use either a
paper-based or a direct recording electronic
election system as it may deem appropriate and
practical for the process of voting, counting of
votes and canvassing/consolidation and
transmittal of results of electoral exercises. (R.A.
No. 9369)
Q: What is a random manual audit?
It is a random manual audit in one precinct per
congressional district randomly chosen by the
COMELEC in each province and city. Any
difference between the automated and manual
count will result in the determination of root
cause and initiate a manual count for those
precincts affected by the computer or procedural
error. (Sec. 29, RA 9369)
Q: What is a VVPAT?
The Voter Verification Paper Audit Trail (VVPAT)
functionality is in the form of a printed receipt
and a touch screen reflecting the votes in the
vote-counting machine. It ensures that the
candidates selected by the voter in his or her
ballot are the candidates voted upon and
recorded by the vote- counting machine. The
voter himself or herself verifies the accuracy of
the vote. In instances of Random Manual Audit
and election protests, the VVPAT becomes the
best source of raw data for votes (Bagumbayan-
VNP Movement, Inc. v. COMELEC, G.R. No.
222731, March 8, 2016)
LOCAL
GOVERNMENT
A. PUBLIC CORPORATIONS
1. CONCEPT
Distinguished from government-owned or
controlled corporation
CLASSIFICATIONS
(a) Quasi-corporations
(b) Municipal corporations
ELEMENTS
NATURE AND FUNCTIONS
What is a municipal corporation by estoppel?
A municipal corporation by estoppel is a
corporation which is so defectively formed as not
to be a de facto corporation but is considered a
corporation in relation to someone who dealt
with it and acquiesced in its exercise of its
corporate functions or entered into a contract
with it.
REQUISITES FOR CREATION,
CONVERSION, DIVISION, MERGER,
OR DISSOLUTION
PRINCIPLES OF LOCAL AUTONOMY
POWERS OF LOCAL GOVERNMENT
UNITS (LGUS)
POLICE POWER (GENERAL WELFARE
CLAUSE)
ABC operates an industrial waste processing
plant within Laoag City. Occasionally,
whenever fluid substances are released
through a nearby creek, obnoxious odor is
emitted causing dizziness among residents
in Baranggay La Paz. On complaint of the
Punong Baranggay, the City Mayor wrote
ABC demanding that it abate the nuisance.
This was ignored. An invitation to attend a
hearing called by the Sangguniang
Panglungsod was also declined by the
President of ABC. The city government
thereupon issued a cease and desist order to
stop operations of the plant, prompting ABC
to file a petition for injunction before the
RTC, arguing that the city government did
not have any power to abate the alleged
nuisance. Decide with reasons.
The city government has no power to stop the
operations of the plant. Since its operations is
not a nuisance per se, the city government
cannot abate it extrajudicially. A suit must be first
filed in court. (AC Enterprises, Inc. v. Frabelle
Properties Corporation, G.R. No. 166744, 2006)
Can a Barangay Assembly exercise any
police power?
No, the Barangay Assembly cannot exercise any
police power. It can only recommend to the
Sangguniang Barangay the adoption of
measures for the welfare of the barangay and

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decide on the adoption of an initiative (Republic
Act No, 7160, Sec. 398).
2. EMINENT DOMAIN
Is a valid and definite offer to buy a property
a prerequisite to expropriation initiated by a
local government?
Yes. Under Section 19 of the Local Government
Code of 1991, a valid and definite offer to buy a
property is a pre-requirement to expropriation
initiated by a local government (Republic Act
No, 7160, Sec. 19).
Can reclassification of land by a local
government unit be done through a
resolution?
No. Under the Section 2 of the Local
Government Code, the enactment of an
ordinance is required for land reclassification by
an LGU (Republic Act No, 7160, Sec. 2).
The Sangguniang Bayan of the Municipality
of Santa, Ilocos Sur passed Resolution No. 1
authorizing its Mayor to initiate a petition for
the expropriation of a lot owned by Christina
as site for its municipal sports center. This
was approved by the
Mayor. However, the Sangguniang
Panlalawigan of Ilocos Sur disapproved the
Resolution as there might still be other
available lots in Santa for a sports center.
Nonetheless, the Municipality of Santa,
through its Mayor, filed a complaint for
eminent domain. Christina opposed this on
the following grounds: 1) the Municipality of
Santa has no power to expropriate; 2)
Resolution No. 1 has been voided since the
Sangguniang Panlalawigan disapproved it
for being arbitrary; and 3) the Municipality of
Santa has other and better lots for that
purpose.
1. The Municipality of Santa has the power to
expropriate. Section 19 of the LGC grants all
local government units the power of eminent
domain. However, Section 19 of the LGC
required an ordinance, not a resolution, for the
exercise of the power of eminent domain. (Heirs
of Saguitan v. City of Mandaluyong, G.R. No.
135087, 2000)
The disapproval of Resolution No. 1 by the
Sangguniang Panlalawigan of Ilocos Sur on the
ground that there may be other lots available in
Santa is invalid, because it can disapprove
Resolution No. 1 solely on the ground that it is
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beyond the power of the Sangguniang Bayan of
Santa. (Moday v. CA, G.R. No. 107916, 1997)
If there are other lots that are better and more
appropriate for the municipal sports center, the
lot owned by Christina should not be
expropriated. Its choice is arbitrary. (Municipality
of Meycauayan v. IAC, G.R. No. 72126, 1988)
TAXING POWER
CLOSURE AND OPENING OF ROADS
LEGISLATIVE POWER
(a) Requisites for valid ordinance
The Sangguniang Panglungsod of Pasay City
passed an ordinance requiring all disco pub
owners to have all their hospitality girls
tested for AIDS virus. Both disco pub owners
and the hospitality girls assailed the validity
of the ordinance for being violative of their
constitutional rights to privacy and to freely
choose a calling or business. Is the
ordinance valid? Explain.
The ordinance is a valid exercise of police
power. The right to privacy yields to certain
paramount rights of the public and defers to the
exercise of police power. The ordinance is not
prohibiting the disco pub owners and the
hospitality girls from pursuing their calling or
business but merely regulating it. (Social Justice
Society v. Dangerous Drugs Board, G.R. No.
157870, 2008). The ordinance is a valid exercise
of police power, because its purpose is to
safeguard public health. (Beltran v. Secretary of
Health, G.R. No. 133640, 2005)
The Municipality of Bulalakaw of Leyte
passed an ordinance authorizing the
expropriation of two parcels of land situated
in the poblacion as the site of a freedom
park, and appropriating the funds needed
therefor. Upon review, the Sangguniang
Panlalawigan of Leyte disapproved the
ordinance because the municipality has an
existing freedom park which, though smaller
in size, is still suitable for the purpose, and
to pursue expropriation would be needless
expenditure of the people’s money. Is the
disapproval of the ordinance correct?
Explain.
The disapproval of the ordinance is not correct.
Under Section 56 (c) of the LGC, the
Sangguniang Panlalawigan of Leyte can declare
the ordinance invalid only if it is beyond the
power of the Sangguniang Bayan of Bulalakaw.
In the instant case, the ordinance is well within
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the power of the Sangguninag Bayan. The
disapproval of the ordinance by the
Sangguniang Panlalawigan of Leyte was outside
of its authority having been done on a matter
pertaining to the wisdom of the ordinance.
(Moday v. CA, G.R. No. 107916, 1997)
Can a governors or mayors veto ordinance
and resolution? Can the sanggunian override
the veto?
Yes. The local chief executive, except the
punong barangay, shall have the power to veto
any ordinance of the sanggunian panlalawigan,
sangguniang panlungsod, or sanggunian bayan
on the ground that it is ultra vires or prejudicial to
the public welfare, stating his reasons therefor in
writing. The local chief executive may veto an
ordinance or resolution only once. The
sanggunian may override the veto of the local
chief executive concerned by 2/3 vote of all its
members, thereby making the ordinance
effective even without the approval of the local
chief executive concerned. (Sec. 55, 1991 Local
Government Code)
A municipality passed an ordinance
penalizing any person or entity engaged in
the business of selling tickets to movies or
other public exhibitions, games or
performances which would charge children
between 7 and 12 years old the full price of
admission tickets instead of only one-half of
the amount thereof. Is the ordinance a valid
exercise of legislative power by the
municipality? Why?
The ordinance is void because it is
unreasonable. It deprives the sellers of the
tickets of their property without due process. A
ticket is a property right and may be sold for
such price as the owner of it can obtain. There is
nothing malicious in changing children the same
price as adults. (Balacuit v. CFI of Agusan del
Norte, G.R. No. L-38429, 1988)
Can the Liga ng mga Barangay exercise
legislative powers?
The Liga ng mga Barangay cannot exercise
legislative powers. It is not a local government
unit and its primary purpose is to determine
representation of the liga in the sanggunians, to
ventilate, articulate and crystallize issues
affecting barangay government administration,
and to secure solutions for them through proper
and legal means. (Onon v. Fernandez, G.R. No.
139813, 2001)
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(b) Local initiative and referendum
MADAKO is a municipality composed of
80 barangays, 30 in the west of Madako River
and 50 in the east thereof. The 30 western
barangays feeling left out of economic
initiatives wish to constitute themselves into
a new and separate town to be called
Masigla.
Granting that Masigla’s proponents succeed
to secure a law in their favor, would a
plebiscite be necessary or not? If it is
necessary, who should vote or participate in
the plebiscite? Discuss.
Suppose that one year after Masigla was
constituted as a municipality, the law
creating it is voided because of defects.
Would that invalidate the acts of the
municipality and/or its municipal officers?
Explain.
1. A plebiscite is necessary, because this is
required for the creation of a new municipality.
(PHIL. CONST., art. X, § 10) The voters of both
Madako and Masigla should participate in the
plebiscite, because both are directly affected by
the creation of Masigla. The territory of Madako
will be reduced. (Tan v. COMELEC, G.R. No.
103328, 1992)
Although the municipality cannot be considered
as a de facto corporation, because there is no
valid law under which it was created, the acts of
the municipality and of its officers will not be
invalidated, because the existence of the law
creating it is an operative fact before it was
declared unconstitutional. Hence, the previous
acts of the municipality and its officers should be
given effect as a matter of fairness and justice.
(Municipality of Malabang v. Benito, G.R. No. L-
28113, 1969)
CORPORATE POWERS
(a) To sue and be sued
The Municipality of Pinatukdao is sued for
damages arising from injuries sustained by a
pedestrian who was hit by a glass pane that
fell from a dilapidated window frame of the
municipal hall. The municipality files a
motion to dismiss the complaint, invoking
state immunity from suit. Resolve the motion
with reasons.
The motion to dismiss should be denied. Under
Section 24 of the LGC and Article 2189 of the
New Civil Code, the Municipality of Pinatukdao
is liable for damages arising from injuries to
persons by reason of negligence of local
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government units on the defective condition of
the municipal hall, which is under their control
and supervision (Republic Act No. 7160, § 24;
Republic Act No 386, art. 2189).
An aggrieved resident of the City of Manila
filed mandamus proceedings against the city
mayor and the city engineer to compel these
officials to remove the market stalls from
certain city streets which they had designed
as a flea market. Portions of the said city
streets were leased or licensed by the
respondent officials to market stallholders
by virtue of a city ordinance. Decide the
dispute.
The petition should be granted. Since public
streets are properties for public use and are
outside the commerce of man, the City Mayor
and the City Engineer cannot lease or license
portions of the city streets to market stallholders.
(Macasiano v. Diokno, G.R. No. 97764, 1992)
To acquire and sell property
To enter into contracts
Requisites
Ultra vires contracts
LIABILITY OF LGUS
SETTLEMENT OF BOUNDARY DISPUTES
May boundary disputed between and among
municipalities in the same province be filed
immediately with the Regional Trial Court?
No. According to Section 118 of the Local
Government Code, boundary disputes should be
referred for settlement to the sangguniang
panlalawigan. (Municipality of Sta. Fe v.
Municpality of Artao, G.R. No. 140474, 2007)
There was a boundary dispute between a
municipality and an independent component
city, both located the same province. How
should the two LGUs settle their boundary
dispute?
Since there is no law providing for the
jurisdiction of any court or quasi-judicial body
over the settlement of a boundary dispute
between a municipality and a component city,
the Regional Trial Court has jurisdiction to
adjudicate it. Under Section 19 (6) of the
Judiciary Reorganization Act, the RTC has
exclusive original jurisdiction in all cases not
within the exclusive jurisdiction of any court or
quasi-judicial agency. (Municipality of Kananga
v. Madrona, G.R. No. 141375, 2003)
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POLITICAL LAW
9. SUCCESSION OF ELECTIVE OFFICIALS
On August 8, 2008, the Governor of Bohol
dies and Vice-Governor Cesar succeeded
him by operation of law. Accordingly, Benito,
the highest ranking member of the
Sangguniang Panlalawigan was elevated to
the position of Vice-Governor. By the
elevation of Benito to the office of Vice-
Governor, a vacancy in the Sangguniang
Panlalawigan was created. How should the
vacancy be filled?
In accordance with Section 45 of the LGC, the
vacancy should be filled by appointment by the
President of the nominee of the political party of
Benito since his elevation to the position of Vice-
Governor created the last vacancy in the
Sangguniang Panlalawigan. If Benito does not
belong to any political party, a qualified person
recommended by the Sangguniang
Panlalawigan should be appointed. (Navarro v.
CA, G.R. No. 121087, 1999)
10. DISCIPLINE OF LOCAL OFFICIALS
Elective officials
Grounds
Jurisdiction
Preventive suspension
Removal
Administrative appeal
Doctrine of condonation
Can public officials be still held
administratively liable for a misconduct
commited during a prior term?
Yes. Public office is a public trust and as
mandated under the 1987 Constitution, it is
plainly inconsistent with the idea that an elective
local official's administrative liability for a
misconduct committed during a prior term can
be wiped off by the fact that he was elected to a
second term of office, or even another elective
post. Election is not a mode of condoning an
administrative offense, and there is simply no
constitutional or statutory basis in our jurisdiction
to support the notion that an official elected for a
different term is fully absolved of any
administrative liability arising from an offense
done during a prior term.
However, the doctrine of condonation should be,
as a general rule, recognized as good law prior
to its abandonment. (Carpio-Morales v. CA, G.R.
Nos. 217126-27, 2015)
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11. RECALL
Governor Diy was serving his third term
when he lost his governorship in a recall
election.
1.) Who shall succeed Governor Diy in his
office as Governor?
2.) Can Governor Diy run again as governor
in the next election?
3.) Can Governor Diy refuse to run in the
recall election and instead resign from his
position as governor?
The candidate who received the highest number
of votes in the recall will succeed Governor
Diy. (Local Government Code, §72)
Governor Diy can run again as governor. He did
not fully serve his third term, because he lost
in the recall election. His third term should
not be included in computing the three-term
limit. (Lonzanida v. COMELEC, G.R. No.
135150, 1999)
Governor Diy cannot refuse to run in the recall
election. He is automatically considered as a
duly registered candidate. (Local
Government Code, §71) He is not allowed to
resign. (Local Government Code, §73)
12. TERM LIMITS
What is the term limit for all local elective
officials?
No local elective official may serve for more than
three consecutive terms (Local Government
Code, §43).
Manuel was elected Mayor of Municpality of
Tuba in the elections of 1992, 1995 and 1998.
He fully served his first two terms, and
during his third term, the municipality was
converted into the component City of Tuba.
The said charter provided for a hold-over and
so without interregnum, Manuel went on to
serve as the Mayor of Tuba. In the 2001
elections, Manuel filed his certificate of
candidacy for City Mayor. He disclosed,
though, that he had already served for three
consecutive terms as elected Mayor when
Tuba was still a municipality. He also stated
in his CoC that he is running for the position
of Mayor for the first time now that Tuba is a
city. Reyes, an adversary, ran against Manuel
and petitioned that he be disqualified
because he had already served for three
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
consecutive terms as Mayor. The petition
was not timely acted upon, and Manuel was
proclaimed the winner with 20,000 votes over
the 10,000 votes received by Reyes as the
only other candidate. It was only after
Manuel took his oath and assumed office
that COMELEC ruled that he was disqualified
for having ran and served for three
consecutive terms.
1.) What is a possible argument to prevent
his disqualification and removal?
2.) Is Manuel eligible to run as Mayor of the
newly created City of Tuba immediately after
having served for three consecutive terms as
Mayor of Municipality of Tuba?
3.) Assuming Manuel is ineligible, should
Reyes be declared the winner?
One possible argument is that when the
municipality was converted into a city, it
became a different juridical personality.
Hence, when he ran for city mayor, he was
not running for the same office as that of
municipal mayor.
Manuel is not eligible to run as mayor of the City
of Tuba. While it acquired a new corporate
existence separate and distinct from that of
the municipality, this does not mean that for
the purpose of applying the constitutional
provision on term limitations, the office of the
municipal mayor should be considered as
different from the office of the city mayor.
The framers of the Constitution intended to
avoid the evil of a single person
accumulating excessive power over a
particular territorial jurisdiction as a result of
a prolonged stay in the office. To allow
Manuel to vie for the position of city Mayor
after having served for three consecutive
terms as municipal mayor will defeat the
intent of the framers of the Constitution.
(Latasa v. COMELEC, G.R. No. 154829,
2003)
Yes, Reyes should be considered the winner.
When there are participants who turn out to
be ineligible, their victory is voided and the
laurel is awarded to the next in rank who
does not possess any of the disqualifications
nor lacks any of the qualifications set in the
rules to be eligible as candidates. The
electorate’s awareness of the candidate’s
disqualification is not a prerequisite for the
disqualification to attach
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to the candidate. The very existence of a NATIONALIST AND CITIZENSHIP

disqualifying circumstance makes the REQUIREMENT PROVISIONS
candidate ineligible. Knowledge by the
electorate of a candidate’s disqualification is What are the citizenship requirements under
not necessary before a qualified candidate the 1987 Constitution?
who placed second to a disqualified one can ACTIVITY CITIZENSHIP AND/OR EQUITY
be proclaimed as the winner. The second- REQUIREMENTS
placer in the vote count is actually the first- Exploitation • Filipino citizens
placer among the qualified candidates. of natural • Domestic Corporations (60%
(Maquiling v. COMELEC, G.R. NO. 195649, resources Filipino owned)
2013) Operation of • Filipino citizens
Public • Domestic Corporations (60%
NATIONAL ECONOMY AND Utilities Filipino owned)
PATRIMONY Acquisition • Filipino citizens
of alienable • Domestic Corporations (60%
lands of the Filipino owned)
A. REGALIAN DOCTRINE public • Former natural-born citizens of
domain PHL (as transferees with
What are the limits on the Jura Regalia of the
certain legal restrictions)
State?
• Alien heirs (as transferees in
Only agricultural lands of the public domain may
case of intestate succession)
be alienated.
The exploration, development and utilization of Practice of • Filipino citizens only (natural
all natural resources shall be under the full ALL persons)
control and supervision of the State through: professions • Congress may, by law,
Directly undertaking such activities otherwise prescribe
Or entering into co-production, joint Mass media • Filipino citizens
venture or production-sharing • Domestic Corporations (100%
arrangements with Filipino citizen or Filipino owned)
Corporation or association at least 60% Advertising • Filipino citizens
of whose capital is owned by such • Domestic Corporations (70%
citizens Filipino owned)
All agreements with the qualified private sector Educational • Filipino citizens
may be for a period not exceeding, 25 Institution • Domestic Corporations (60%
years, renewable for not more than 25
Filipino owned)
years.
• EXCEPTION: Schools
EXCLUDING: Water rights, water
supply, fisheries, industrial uses other established by religious groups
than the development of water power and mission boards.
wherein the beneficial use may be the • Congress may, by law,
measure and limit of the grant. increase requirements for ALL
The use and enjoyment of the marine wealth educational institutions
of the archipelagic waters, territorial sea Other • Congress may, by law, reserve
and exclusive economic zones shall be economic to Filipino citizens or to
reserved for Filipino Citizens. activities Domestic Corporations (60%
Utilization of natural resources in rivers, lakes, Filipino owned or higher)
bays and lagoons may be allowed on a certain investment areas.
“small-scale” to Filipino citizens or
cooperatives—with priority for subsistence EXPLORATION, DEVELOPMENT AND
fishermen and fish workers (by law) (PHIL. UTILIZATION OF NATURAL
CONST. art. 12, §2). RESOURCES
FRANCHISES, AUTHORITY AND
CERTIFICATES FOR PUBLIC
UTILITIES

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What does the term “capital” under the In accordance with a general law
Constitution mean with respect to equity President must be the signatory for the
participation? government
For purposes of determining compliance with the President must report the executed
constitutional or statutory ownership, the agreement to Congress within 30 days.
required percentage of Filipino ownership shall (La Bugal B’laan v. DENR, G.R. No.
be applied to BOTH (a) the total number of 12788, 2005)
outstanding shares of stock entitled to vote in
the election of directors; AND (b) the total What is the difference between “ownership
number of outstanding shares of stock, whether of public utility” and “operation of public
or not entitled to vote. (Roy III v. Herbosa, G.R. utility”?
No. 207246, 2017)
Operation Ownership
What tests are used to determine Nationality of a Public Utility of Public Utility
of a Corporation? • May exist • Relation in law by
Voting Control Test – the ownership independently and virtue of which a thing
threshold must be complied by the separately from the pertaining to one
voting shares. ownership of the person is completely
Beneficial Ownership Test – the ownership facilities subjected to his will in
threshold must also apply to the • One can own said everything not
outstanding capital. (Gamboa v. Teves, facilities without prohibited by law or
G.R. No. 176579, 2011) operating them as the concurrence with
a public utility, or the rights of another
What is the rule on large-scale exploration of conversely, one • The exercise of the
mineral resources? may operate a rights encompassed in
The President may enter into agreements with public utility without ownership is limited by
foreign owned corporations involving owning the facilities law so that a property
technical or financial assistance for large- used to serve the cannot be operated
scale exploration etc. of minerals, public. and used to serve the
petroleum, and other mineral oils. These public as a public
agreements should be in accordance with utility unless the
the general terms and conditions provided operator has a
by law. franchise.
They should be based on the real contributions (Tatad v. Garcia, Jr., G.R. No. 114222, 1995)
to economic growth and general welfare of
the country. Can administrative agencies be granted the
In the agreements, the State should promote the power to issue franchise?
development and use of local scientific and Yes. Administrative agencies may be
technical resources. empowered by the Legislature by means of a
The President should notify Congress of every law to grant franchises or similar authorizations.
contract under this provision within 30 days An example would be the law granting the Toll
from its execution. Regulatory Board (TRB) to grant a franchise for
Management and service contracts are not toll road projects. While the TRB is vested by
allowed under this rule (PHIL. CONST. art. 12, law with the power to extend the administrative
§2(4); La Bugal- B’laan v. DENR, G.R. No. franchise or authority that it granted, it cannot do
127882, 2004) so for an accumulated period exceeding 50
years. Otherwise, it would violate the
Can the state enter into FTAA with foreign proscription under Article XII, Section
corporations? 11 of the 1987 Constitution,
The State may enter into FTAAs (Financial and which provides that no public utility franchise
Technical Assistance Agreement) with foreign shall be for a longer period than 50 years.
owned corporations provided that such service (Francisco v. TRB, G.R. No. 166910, 2010)
contracts may be entered into only with respect
to minerals, petroleum and other mineral oils.
Also, the grant of such service contracts must be
subject to the following safeguards:

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ACQUISITION, OWNERSHIP AND Obligations owed by states towards the

TRANSFER OF PUBLIC AND community of states as a whole as compared to
PRIVATE LANDS those arising vis-à-vis another state in the field
of diplomatic protection. In view of the
What is the rule on acquisition, ownership and importance of the rights involved, all states can
transfer of public and private Lands? be held to have a legal interest in their
protection.
PRIVATE FILIPINO CITIZENS/
2. JUS COGENS
CORPORATIONS QUALIFIED
INDIVIDUALS
Q: What is Jus Cogens?
1. They can only hold 1. Can lease up to
alienable lands of 500 hectares Jus cogens , or peremptory norm of international
the public domain 2. Can ACQUIRE law, means “a norm accepted and recognized by
BY LEASE. not more than 12 the international community of States as a whole
• Period: Cannot hectares by as a norm from which no derogation is permitted
exceed 25 years, purchase, and which can be modified only by a subsequent
norm of general international law having the
renewable for not homestead or
same character.
more than 25 grant
years ELEMENTS:
• Area: Lease A norm accepted and recognized by
cannot exceed The international community of states as a
1,000 hectares. whole
2. They may NOT No derogation is permitted
acquire PUBLIC Which can only be modified by a
LAND, albeit subsequent norm having the same
alienable character. (Vienna Convention on
3. BUT they may Treaties, art. 53)
acquire PRIVATE
LAND. CONCEPT OF EXT AEQUO ET BONO
NOTE: A corporation
Distinguish between Equity and Ex Aequo et
sole is treated like Bono.
other private
corporations for the Equity – when accepted, is an instrument
purpose of acquiring whereby conventional or customary law may be
public lands. supplemented or modified in order to achieve
justice. Procedurally, it means a mandate given
PRACTICE OF PROFESSIONS to a judge to exercise discretion in order to
ORGANIZATION AND REGULATION OF achieve a determination that is more equitable
CORPORATIONS, PRIVATE AND and fair.
PUBLIC
Ex Aequo Et Bono – pertains to the power of
MONOPOLIES, RESTRAINT OF TRADE
the International Court of Justice to decide a
AND UNFAIR COMPETITION case equitably outside the rules of law at the
instance of the parties to the case.

The power to apply principles of equity in no way

PUBLIC INTERNATIONAL LAW restricts the power of the ICJ to decide cases
based on Ex Aequo et Bono should the parties
so agree that the controversy is to be decided
A. CONCEPTS
on the said principle.
1. OBLIGATIONS ERGA OMNES B. RELATIONSHIP BETWEEN
Q: What are obligations erga omnes? INTERNATIONAL LAW AND NATIONAL
LAW

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What happens when there is a conflict C. SOURCES OF OBLIGATION IN

between International law and Domestic law? INTERNATIONAL LAW
It depends on whether the case goes to a
domestic court or to an international tribunal. Q: What are the sources of international law?
Treaties or International Conventions
International Rule – It is an established
Custom or Customary international law
principle that, before an international tribunal, a
General principles of law recognized by civilized
state may not plead its own law as an excuse for
nations
failure to comply with international law. A state
As subsidiary means of determining
which has contracted valid international
International law:
obligations is bound to make in its legislation
Judicial decisions
such modifications as may be necessary to
Teachings of the most highly qualified
ensure the fulfillment of the obligations
writers and publicists
undertaken. (Deutsche Bank AG Manila v.
(ICJ Statute, art. 38(1))
Commissioner of Internal Revenue, G.R. No.
188550, Aug. 19, 2013 citing Tanada v. Angara, Q: What is a treaty?
388 Phil. 546, 592 (1997)). An international agreement concluded between
States in written form and governed by
Municipal Rule – When it comes before a
international law, whether embodied in a single
domestic court, domestic courts are bound to
instrument or in two or more related instruments
apply the local law.
and whatever its particular designation (Vienna
Treaty v. Constitution – when the Convention on the Law of Treaties, art. 2).
constitutional violation is manifest and What is a custom under international law? It
concerns a rule of internal law of
is an evidence of a general practice accepted as
fundamental importance, state may deviate
law.
from treaty obligation
ELEMENTS:
Treaty v. domestic legislation –when the
two instruments relate to the same subject, Duration of practice
Uniformity, consistency of practice
try to give effect to both; if inconsistent, the
Generality (majority of specially affected
later in date will control, provided that the
States)
treaty stipulation is self executing. But this
Opinion juris (objective and subjective)
rule only applies in the domestic sphere. A
treaty, even if contrary to a later statute, is The legal yardstick in determining whether
binding in international law. (Bernas, Public usage has become customary international
International Law, 2009) law is expressed in the maxim “opinion
jurissve necessitates” or “opinion juris” for
Did EDCA violate the Constitutional
short. What does this maxim mean?
provision on Senate concurrence on
It means that as an element in the formation of
treaties?
customary norm in international law, it is
No. EDCA is not a treaty; Senate concurrence is
required that states in their conduct amounting
not required. EDCA remained within the
to general practice, must act out a sense of legal
parameters set by the two treaties (the MDT and
duty and not only by the motivation of courtesy,
the VFA). Mere adjustments in detail to
convenience or tradition.
implement the MDT and the VFA can be in the
form of executive agreements. The “activities” Not only must acts amount to a settled practice,
referred to in the MDT are meant to be specified but they must also be such or be carried out in
and identified in further agreements. EDCA is an such a way, as to be evidence of a belief that
example of such agreement. The President’s
this practice is rendered obligatory by the
choice to enter into EDCA by way of executive
existence of a rule of law requiring it
agreement is in view of the vast constitutional
(International Court of Justice in the North Sea
powers and prerogatives granted to him in the
field of foreign affairs. (Saguisag v. Executive
Secretary, G.R. Nos. 212426/212444, 2016)

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Continental Shelf Cases, cited in Mijares v. Inviolability of means of communication

Ranada, G.R. No. 139325, 2005) Immunity from search of bag (Vienna
Convention on Diplomatic Relations, 1961)
D. SUBJECTS
STATES DIPLOMATIC CONSULAR IMMUNITY
INTERNATIONAL ORGANIZATIONS IMMUNITY (Vienna (Vienna Convention on
Convention on Consular Relations)
INDIVIDUALS Diplomatic Relations)
“Premises of the “Consular premises” -
Is there a right to unilateral secession or mission” - Include the Include the BUILDINGS
external self-determination under BUILDINGS or parts of or parts of buildings and
International Law? buildings and the the LAND irrespective of
General Rule: The people's right to self- LAND irrespective of ownership used
determination should not be understood as ownership used for the exclusively for the
extending to a unilateral right of secession. purpose of the mission purposes of consular
including the post.
RESIDENCE of the
Exception: International law, at best, only
head of mission.
recognizes the right to external self-
The agents of the The agents of the
determination in situations of (1) former receiving state may receiving state may NOT
colonies; (2) where a people is oppressed, as for NOT ENTER the ENTER the premises
example under foreign military occupation; or (3) premises except with except with CONSENT of
where a definable group is denied meaningful the CONSENT of the the head of consular post.
access to government to pursue their political, head of the mission. The consent may be
economic, social and cultural development
(North Cotabato v. GRP citing In reference to the ASSUMED in case of fire
Secession of Quebec, G.R. No. 183591, 2008) or other disaster requiring
prompt protective action.
The diplomatic bag The consular bag shall
E. BASIC PRINCIPLES IN DIPLOMATIC shall not be opened or not be opened or
AND CONSULAR LAW detained. detained.
Authorities may request
Differentiate diplomats and consuls.
DIPLOMATSCONSULS that the bag be opened in
their presence by an
Political relations Administrative and AUTHORIZED
of the state economic issues of representative of the
the state sending state if they have
SERIOUS REASON to
NOTE: believe that the bag
In the Philippines, immunity is claimed by contains objects other
request of the foreign state for endorsement than articles, documents,
correspondence or
by the Department of Foreign Affairs.
articles.
The determination by the department is
GR: A diplomatic GR: Members of the
considered a political question that is agent shall enjoy consular post shall enjoy
conclusive upon Philippine Courts. immunity from the immunity from the
Diplomatic immunity ceases to be enjoyed at the jurisdiction of the jurisdiction of the
moment diplomat LEAVES the country or on receiving state except receiving state in respect
EXPIRY of a reasonable period in which to in case of: of acts performed in the
do so. EXERCISE OF
1. REAL ACTION CONSULAR FUNCTION
DIPLOMATIC AND CONSULAR IMMUNITY relating to private except in case of:
immovable
Personal Inviolability
property 1. Civil action arising
Immunity of premises EXCEPTION: He out of a contract
Right of protection holds it on behalf concluded by a
Immunity from local jurisdiction on the basis of of the sending person who DID NOT
international custom state for the CONTRACT
Exemption from taxes and personal services purpose of the expressly or impliedly
mission as an AGENT of the

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2. Actions for sending state application of State immunity is proper only

SUCCESSION 2. Civil action by a third when the proceedings arise out of commercial
3. Professional or party for damage transactions of the foreign sovereign, its
commercial arising from an commercial activities or economic affairs. (Arigo
activity ACCIDENT in the
receiving state
v. Swift, G.R. No. 206510 (2014), citing USA v.
caused by a Ruiz, 221 Phil. 179 (1985)).
VEHICLE, VESSEL
or AIRCRAFT
A diplomatic agent is Members of the consular F. GENERAL PRINCIPLES OF TREATY
NOT obliged to give post MAY be called upon LAW
evidence as a to attend as
WITNESS. WITNESSES. May a treaty violate international law? If your
If a consular officer answer is in the affirmative, explain when
should decline to do so, such may happen. If your answer is in the
no coercive measure / negative, explain why.
penalty may be applied. Yes, a treaty may violate international law if it
conflicts with a peremptory norm or jus cogens
The Agreement between the Asian Development of international law. A treaty is void, if at the time
Bank and the Philippines only provides officers of its conclusion, it conflicts with jus cogens
and staff of the bank immunity from legal norm. If a new peremptory norm of general
process with respect to acts performed by them international law emerges, any existing treaty
in their official capacity except when the Bank which is in conflict with that norm becomes void
waives the immunity. Slander cannot be and is terminated (Vienna Convention on the
considered as falling within the purview of the Law on Treaties, art. 53.).
immunity granted since it is not an act performed
in an official capacity. (Liang v. People of the Differentiate pacta sunt servanda and rebus
Philippines, G.R. No. 125865, 2001) sic stantibus.
Pacta sunt servanda means every treaty is
(DEL CASTILLO) The question whether the binding upon the parties to it and must be
Philippine government should espouse claims of performed by them in good faith. (Vienna
its nationals against a foreign government is a Convention on the Law of Treaties, art. 26) A
foreign relations matter, the authority for which is state can avoid performance if the treaty collides
demonstrably committed by our Constitution not with its Constitution, but it cannot escape liability
to the courts but to the political branches. In the that it may incur as a result of such non-
Comfort Women Case, the Executive performance.
Department has decided that it is to the best
interest of the country to waive all claims of its Rebus sic stantibus means a fundamental
nationals for reparations against Japan in the change of circumstances is not a ground for a
Treaty of Peace of 1951. The wisdom of such treaty to be suspended or terminated. Except
decision is not for the courts to question, thus, when:
said determination by the Executive Department The circumstance is the essential basis of
cannot be questioned through a petition for consent, or
certiorari . (Vinuya v. ROMULO (G.R. No. The obligation is transformed radically that it
162230, 2010). becomes burdensome or unreasonable.

What is the restrictive rule of State Exceptions to the Exceptions:

Immunity?
The traditional rule of State immunity which
exempts a State from being sued in the courts of
another State without the former's consent or
waiver has evolved into a restrictive doctrine
which distinguishes sovereign and governmental
acts (jure imperii) from private, commercial and
proprietary acts (jure gestionis). Under the
restrictive rule of State immunity, State immunity
extends only to acts jure imperii. The restrictive
If the treaty establishes a boundary;
If the fundamental change is the result of a
breach by the party invoking it either of an
obligation under the treaty or of any other
international obligation owed to any other
party to the treaty. (Vienna Convention on
the Law of Treaties, art. 62)
In sum, rebus sic stantibus is an exception to the
rule of pacta sunt servanda.

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G. NATIONALITY AND STATELESNESS
Q: Who is a Refugee?
refugee is one who, owing to a well-founded fear
of being persecuted for reason of race, religion,
nationality, membership of a particular social
group or political opinion, is outside the country
of his nationality, and is unable to, or owing to
such fear, is unwilling to avail himself of the
protection of that country. (1951 Convention
Relating to the Status of Refugees, art. 1)
A person who has left their country of origin and
formally applied for asylum in another country
but whose application has not yet been
concluded.
Who is an Internally displaced person? An
internally displaced person (IDP) is a person
who has been forced or obliged to flee or to
leave his or her home or place of habitual
residence, in particular as a result of, or in order
to avoid the effects of armed conflict, situations
of generalized violence, violations of human
rights or natural or human-made disasters, and
who have not crossed an internationally
recognized State border. (UN Guiding Principles
on Internal Displacement, par. 2)
Q: Who is a stateless person?
A stateless person is a person who is not
considered as a national by any State under the
operation of its law. (1954 Convention Relating
to the Status of Stateless Persons, art. 1).
What is the Philippine rule on foundlings? A
child, whose parents are both unknown, shall
have the nationality of the country of his or her
birth. A foundling is, until the contrary is proved,
presumed to have been born on the territory of
the State in which he or she was found. (Poe-
Llamanzares v. COMELEC, G.R. No. 221697,
2016, citing 1961 Convention on the Reduction
of Statelessness, art. 2; 1930 Hague Convention
on Certain Questions Relating to the Conflict of
Nationality Laws, art. 14)
This presumption in favor of foundlings is a
generally accepted principle of international law.
(Poe-Llamanzares v. COMELEC, supra).
While the Philippines is not a party to the 1961
Convention on the Reduction of Statelessness
(UNCRS) and the 1930 Hague Convention, it is
a signatory to the Universal Declaration on
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
Human Rights (UDHR). Article 2 of the UNCRS
and Article 14 of the Hague Convention merely
give effect to Article 15(1) of the UDHR. (Poe-
Llamanzares v. COMELEC, supra).
H. DOCTRINE OF STATE
RESPONSIBILITY
What is the principle of non-refoulement? No
Contracting State shall expel or return a refugee
in any manner whatsoever to the frontiers of
territories where his life or freedom would be
threatened on account of his race, religion,
nationality, membership of a particular social
group or political opinion. (1951 Convention
Relating to the Status of Refugees, art. 33)
I. JURISDICTION OF STATES
TERRITORIALITY PRINCIPLE
NATIONALITY PRINCIPLE AND
STATELESSNESS
PROTECTIVE PRINCIPLE
UNIVERSALITY PRINCIPLE
PASSIVE PERSONALITY PRINCIPLE
J. TREATMENT OF ALIENS
1. EXTRADITION
(a) Fundamental principles
What is extradition and what are the general
principles governing extradition? Extradition
is the surrender of an individual by the state
within whose territory he is found to the state
under whose laws he is alleged to have
committed a crime or to have been convicted of
a crime. It is a process that is governed by
treaty. (See P.D. No. 1069, Sec. 2 (a).)
The removal of an accused from the Philippines
with the object of placing him at the disposal of
foreign authorities to enable the requesting state
or government to hold him in connection with
any criminal investigation directed against him or
the execution of a penalty imposed on him under
the penal or criminal law of the requesting state
or government. (P.D. No. 1069, Sec. 2 (a).).
PRINCIPLES:
No state is obliged to extradite unless there is
a treaty;
Differences in legal system can be an
obstacle to interpretation of what the
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ATENEO CENTRAL
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crime is (apply the principle of double
criminality);
Religious and political offenses are NOT
extraditable. (Bernas, Public International
Law, 2009)
EXCEPT: “ATTENTAT CLAUSE” –
assassination of the head of state or any
member of his family is not regarded as
political offense for purposes of
extradition. It also applies for the crime of
genocide.
What is the principle of double criminality?
According to this principle, a person may be
extradited only when his/her actions constitute
an offense in both the requesting and requested
states. This principle is now commonly accepted
by States and is embodied in extradition treaties.
Can bail be granted in an extradition case?
Yes. The modern trend in international law is the
primacy on the worth of the individual person
and the sanctity of human rights. While
extradition is NOT a criminal proceeding (it is sui
generis), it is characterized by the following:
It entails a deprivation of liberty on the part
of the potential extradite; and
The means employed to attain the purpose
of extradition is also the machinery of
criminal law
While our extradition law (PD 1069) does not
provide for the grant of bail, there is no provision
prohibiting the extraditee from filing a motion for
bail, a right to due process. The extraditee must
establish “clear and convincing proof” that he or
she is not a flight risk and will abide with all the
orders of the extradition court (Government of
Hong Kong v. Olalia, G.R. No. 153675, 2007)
(b) Procedure
What is the procedure for extradition in the
Philippines?
Foreign diplomat of the requesting state or
government REQUESTS for extradition with
Secretary of Foreign Affairs
DFA FORWARDS request to DOJ
DOJ FILES petition for extradition with RTC
RTC issues SUMMONS or WARRANT OF
ARREST to compel the appearance of the
individual
HEARING (provide counsel de officio if
necessary)
POLITICAL LAW PRE-WEEK REVIEWER
POLITICAL LAW
Appeal to the CA within 10 days whose decision
shall be final and executory
Decision FORWARDED to DFA through the
DOJ
Individual PLACED at the disposal of the
authorities of requesting state-costs and
expenses to be shouldered by requesting
state (P.D. No. 1069, Secs. 4-7, 12, 14, 16-
18) .
Lawrence is a Filipino computer expert
based in Manila who invented a virus that
destroys all files stored in a computer. In
May 2005, this virus spread all over the world
and caused $50 million in damage to
property in the United States, and in June
2005, he was criminally charged before the
US courts under their Anti-Hacker Law. In
July 2005, the Philippines adopted its own
Anti-Hacker Law, to strengthen existing
sanctions already provided against damage
to property. The US requested the
Philippines to extradite him to US courts
under the RP-US Extradition Treaty. Is the
Philippines under the obligation to extradite
Lawrence? State the applicable rule and its
rationale.
If there was no anti-hacker law in the Philippines
when the US requested the extradition,
Philippines is under no obligation to extradite
him. Under the principle of double criminality,
extradition is available only when the act is an
offense in both countries.
May a State ask for the extradition of a
person for a crime committed before the
effectivity of an extradition treaty?
A party to an extradition treaty may ask the other
party to extradite a person for a crime committed
before the effectivity of a treaty. It does not
violate the prohibition against ex post facto laws.
The constitutional prohibition applies to penal
laws only. The extradition treaty is not a penal
law. (Wright v. CA, G.R. No. 113213, 1994)
(c) Distinguished from deportation
Q: Distinguish extradition from deportation
EXTRADITION DEPORTATION
Removal of an accused Act or an instance of
from the Philippines with removing a person to
the object of placing him another country (Black’s
at the disposal of foreign Law Dictionary, 504,
authorities. (PD 1069, 2004).
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§2(a)). It is exercised by the replacement for unilateral humanitarian

intervention. However, there is no support on the
It is a form of President to expel or Right to Protect to justify unilateral use of force.
international judicial deport aliens whose (2005 World Summit Outcome, UN doc.
assistance designed to presence is deemed
deny criminals a safe inimical to the public
A/RES/60/1, 2005; Crawford, Brownlie’s
haven abroad. interest. (Djumantan v. Principles of Public International Law).
Domingo, G.R. No.
It is a formal procedure 99358, 1995).
whereby an individual, CATEGORIES OF ARMED CONFLICTS
accused or convicted of a (a) International armed conflicts
crime under the laws of (b) Internal or non-international armed
one State, is arrested in conflict
another State and (c) War of national liberation
handed over to the R.A. 9851 (PHILIPPINE ACT ON CRIMES
former State, at that
AGAINST INTERNATIONAL
State’s request, for trial
or punishment. (Boczek, HUMANITARIAN LAW, GENOCIDE, AND
The A to Z of OTHER CRIMES AGAINST HUMANITY)
International Law, 60,
2010). A. LAW OF THE SEA
BASELINES
K. INTERNATIONAL HUMAN RIGHTS ARCHIPELAGIC STATES
LAW Straight archipelagic baselines
UNIVERSAL DECLARATION OF HUMAN Archipelagic waters
RIGHTS Archipelagic sea lanes passage
INTERNATIONAL COVENANT ON CIVIL Regime of islands
AND POLITICAL RIGHTS
INTERNATIONAL COVENANT ON What is the “regime of islands” principle?
ECONOMIC, SOCIAL AND CULTURAL Under Article 121 of the UNCLOS, “the regime
RIGHTS of islands” is:
An island naturally formed area of land,
L. BASIC PRINCIPLES OF surrounded by water which is above
water at high tide.
INTERNATIONAL HUMANITARIAN LAW Except as provided for in the next
number, the territorial sea,
What is international humanitarian law? Set
the contiguous zone, the exclusive
of rules which seek, for humanitarian reasons, to economic zone and the continental shelf
limit the effects of armed conflict. It protects of an island are determined in
persons who are not or are no longer accordance with the provisions of this
participating in the hostilities and restricts the Convention applicable to other land
means and methods of warfare. International territory.
humanitarian law is also known as the law of Rocks which cannot sustain human
war or the law of armed conflict. (Advisory habitation or economic life of their own
Service on International Humanitarian Law, shall have no exclusive economic zone
International Committee on Red Cross, 2004). or continental shelf.
What is the Principle of Right to Protect? This INTERNAL WATERS
doctrine contemplates international action where
TERRITORIAL SEA
a state fails to protect its own citizens. The
EXCLUSIVE ECONOMIC ZONE
United Nations General Assembly articulated
CONTINENTAL SHELF
this principle, stating that while each individual (a) Extended economic zone
State has the responsibility to protect its INTERNATIONAL TRIBUNAL FOR THE
populations from genocide, war crimes, ethnic
LAW OF THE SEA
cleansing and crimes against humanity, the
international community also has the same What is the “regime of islands” principle?
responsibility towards the citizens of a State. Under Article 121 of the UNCLOS, the “the
The Right to Protect was envisaged as a
regime of islands” is:

POLITICAL LAW PRE-WEEK REVIEWER 89

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an island naturally formed area of land,

surrounded by water which is above
water at high tide.
Except as provided for in the next
number, the territorial sea,
the contiguous zone, the exclusive
economic zone and the continental
shelf of an island are determined in
accordance with the provisions of
this Convention applicable to other land
territory.
Rocks which cannot sustain human
habitation or economic life of their own
shall have no exclusive economic zone
or continental shelf.

BASIC PRINCIPLES OF
INTERNATIONAL ENVIRONMENTAL
LAW

What is Principle 21 of the Stockholm

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

Q: What is the precautionary principle?

The precautionary principle is used when there
is a lack of full scientific certainty in establishing
a causal link between human activity and
environmental effect. The precautionary
principle, as a principle of last resort, shifts the
burden of evidence of harm away from those
likely to suffer harm and onto those desiring to
change the status quo. (International Service for
the Acquisition of Agri-Biotech v. Greenpeace,
G.R. No. 209271, 2015)

What are the elements for the application of

the precautionary principle?
Uncertainty
Possibility of irreversible harm
Possibility of serious harm (International Service
for the Acquisition of Agri-Biotech v.
Greenpeace, G.R. No. 209271, 2015)

POLITICAL LAW PRE-WEEK REVIEWER 90

 TABLE OF ENUMERATIONS

CONSTITUTIONAL LAW 1
How States may CAPO 1. Cession
acquire or lose 2. A ccretion
territory 3. P rescription
4. O ccupation
Function of a State CM 1. Constituent – compulsory functions which constitute
the very bonds of society
2. Ministrant – optional functions of the government
When suit is NUO 1. The republic is sued by name
considered against 2. Suits against an unincorporated agency
the State 3. Suit is against a government official, but is such that
ultimate liability will devolve on the government
Consent by the BPPI 1. State enters into an operation that is essentially a
State is given Business operation
impliedly by 2. The State enters into a Private contract
3. State files suit against a Private party
4. Suit against an Incorporated government agency
Elements of a State GSPoT 1. Government
2. S overeignty
3. Population
4. T erritory
Test of Valid CS 1. Completeness Test
Delegation 2. S ufficiency of Standard
Exceptions to the PLATE 1. To the extent reserved to the People by the provision
principle of non- on initiative and referendum
delegation of 2. Delegation to Local government
legislative power 3. Delegation to A dministrative bodies
4. Congress may delegate Tariff powers to the President
5. Emergency powers delegated by Congress to the
President
Requisites of a Must NOT 1. Must not Contravene the Constitution or any statute
Valid Ordinance CUPPU, 2. Must not be Unfair or oppressive
must be 3. Must not be P artial or discriminatory
GC 4. Must not P rohibit, but may regulate trade
5. Must not be Unreasonable
6. Must be General and Consistent with public policy
Three types of CSL 1. Initiative on the Constitution
initiative 2. Initiative on Statutes
3. Initiative on L ocal Legislation
Required Petition RS10R3 1. Petition should be Registered with the Commission on
for Referendum Elections
2. Should be Signed by at least 10% of the total number
POLITICAL LAW PRE-WEEK REVIEWER 91
 of registered voters
3. Every legislative district must be Represented by at
least 3% of the registered voters thereof
Rule on UCPP-R3 1. It must be based on uniform and progressive ratio
Apportionment 2. Each city with at least 250,000 inhabitants shall be
entitled to at least 1 representative
3. Each province, irrespective of number of inhabitants,
shall be entitled to at least 1 representative
4. Each legislative district shall comprise as far as
practicable, contiguous, compact, and adjacent
(PCCA) territory.
5. Reapportionment is done by Congress within 3 years
following the return of every census
How can a party-list RA 1. Registration; and
join an electoral 2. A ccreditation
contest?
Who may NRS 1. National parties/organizations
participate in party- 2. R egional parties/organizations
list elections? 3. S ectoral parties/organization
Each Electoral ERQ 1. Election contests
Tribunal shall be 2. Qualification
the sole judge of all 3. R eturns
contests relating:
Bills that must PuP-TL 1. Bills authorizing the increase of Public debt
originate in the 2. Private Bills
House 3. T ariff Bills
4. Bills of Local Application
Requisites for valid LSA 1. There is a Law authorizing the President, Senate
transfer of President, Speaker, Chief Justice, and heads of the
appropriated funds Constitutional Commissions;
under Art. 6, Sec. 2. The funds to be transferred are Savings generated
25(5) from the appropriations for their respective offices;
and
3. The purpose of the transfer is to Augment an item in
the general appropriations law for their respective
offices
Limitations on UP-PED 1. The rule of taxation should be Uniform
power to tax 2. Congress should evolve a P rogressive system of
taxation
3. The power to tax must be exercised for Public
purpose
4. It should be Equitable
5. The Due process and equal protection clauses of the
Constitution should be observed
Officers subject to PVM2O 1. President
impeachment 2. V ice-President
POLITICAL LAW PRE-WEEK REVIEWER 92
 3. Members of the SC
4. M embers of the Constitutional Commission
5. O mbudsman
Grounds for CTG-B2O 1. Culpable violation of the Constitution
Impeachment 2. T reason
3. G raft and Corruption
4. Bribery
5. B etrayal of Public Trust
6. O ther high crimes
Regular HA2C 1. Heads of executive departments
Appointments 2. A mbassadors, consuls, and other public ministers
Requiring Consent 3. Officers of AFP from the rank of colonel or naval
of CA captain
4. Other officers whose appointment is vested in him by
the Constitution, such as: (CJOS)
a. Chairmen and members of the COMELEC,
COA, and CSC.
b. Regular members of the JBC.
c. The Ombudsman and his deputies.
d. Sectoral representatives in Congress, as
provided in Transitory Provisions
Suspension AP 1. Actual, and not merely imminent Invasion or Rebellion
Privilege Of Writ Of 2. Public safety requires it
HC & Martial Law
Declaration
Limitations on the 60-R48- 1. Suspension or proclamation is effective only for 60
suspension of the RE days
Privilege of the Writ 2. Within 48 hours from the declaration of suspension,
of Habeas Corpus the President must submit a Report in person or in
writing to Congress
3. Congress, voting jointly, by a vote of at least a
majority, may Revoke the same, and the President
can not set aside the revocation
4. Upon the President’s initiative, Congress may Extend
the proclamation or suspension for a period
determined by the Congress if invasion or rebellion
persists and public safety requires it.
Requisites of REALS 1. The question involved must be Ripe for adjudication
Judicial Review 2. The question of constitutionality must be raised in the
3. first instance, or at the Earliest opportunity.
An Actual case calling for the exercise of judicial
power.
4. Resolution of the issue of constitutionality is
unavoidable or is the very lis mota of the case.
5. The person challenging the governmental act must
have ‘Standing’ (Locus Standi)
Requisites for IRH 1. The litigant must have suffered an Injury-in-fact;
POLITICAL LAW PRE-WEEK REVIEWER 93
Third-Party 2. The litigant must have a close Relation to the third
Standing (jus tertii) party; and
3. There must exist some Hindrance to the third party's
ability to protect his or her own interests.
Exceptions to the GERF 1. There is a grave violation of the Constitution;
rule that the Courts 2. The situation is of an exceptional character and
will not entertain paramount public interest is involved;
moot questions 3. The constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and
the public;
4. The case is capable of repetition yet evading review
Scope of the Civil BIGAS 1. Branches
Service 2. I nstrumentalities
Commission 3. GOCCs with original charter
4. A gencies of the Government
5. S ubdivisions
Non-competitive PPH 1. Policy determining
positions covered 2. P rimarily confidential
by security of 3. H ighly technical
tenure
Determination RCA 1. The employee’s Relationship to the item seized
whether an 2. Whether the item was in the immediate Control of the
employee has a employee
reasonable 3. Whether the employee took Actions to maintain his
expectation of privacy in the item
privacy
Acquisition of FFA 1. Filipino citizens
Alienable Lands of 2. F ormer natural-born citizens of RP (as transferees
the Public Domain with certain legal restrictions
3. Alien heirs (as transferees in case of intestate
succession)
CONSTITUTIONAL LAW 2
Elements of due Ju3NO 1. An impartial court or tribunal clothed with judicial
process in judicial power to hear and determine the matter before it.
proceedings 2. Jurisdiction must be lawfully acquired over the person
or subject matter.
3. Judgment must be rendered upon a lawful hearing.
4. The defendant must be given notice and an
opportunity to be heard.
Elements of due HIP DESK 1. The right to a hearing, which includes the right to
process in present one’s case and submit evidence in support
administrative thereof.
proceedings 2. The tribunal or body or any of its judges must act on
its or own independent consideration of the law and
facts of the controversy.
3. The decision must be based on the evidence
POLITICAL LAW PRE-WEEK REVIEWER 94
 presented at the hearing or at least contained in the
record and disclosed to the parties affected.
4. The decision must have something to support itself.
5. The tribunal must consider the evidence presented.
6. Evidence supporting the conclusion must be
7. substantial.
The board or body should render its decision in such a
manner that the parties to the proceeding can know
the various issues involved and the reasons for the
decision rendered.
Requirements of SP-CP 1. Charges against alien must Specify the acts or
due process in omissions complained of
deportation 2. Preliminary investigation
proceedings 3. Follow rules of Criminal procedure
4. Private prosecutors should NOT be allowed to
intervene.
Requisites for Valid GEES 1. Germane to the purposes of the law
Classification 2. Not limited to Existing conditions only
3. Applied Equally to all members of the same class.
4. Rest on S ubstantial distinctions
Requisites for a PDEP 1. It must be based on Probable cause;
valid warrant 2. Probable cause must be Determined personally by a
judge;
3. The judge must Examine under oath or affirmation the
complainant and the witnesses he may produce;
4. The warrant must Particularly describe the place to be
searched and the person or things to be seized
Requisites for JPEPO 1. The existence of probable cause is determined
SEARCHES AND personally by the Judge.
SEIZURES with a 2. It must be issued upon a finding of Probable cause.
valid warrant 3. The judge must Examine under oath the complainant
and the witnesses he may produce.
4. The warrant must Particularly describe the place to be
searched and person or things to be seized.
5. It must be in connection with One specific offense.
Warrantless WIPE MS 1. Waiver of right
Searches CAC 2. I ncidental to a lawful arrest
3. Plain view doctrine
4. During exigent and emergency situations
5. Moving vehicle
6. S top and frisk rule
7. Seizure of goods concealed to avoid customs duties
8. Airport searches
9. C heckpoints
Circumstances PPP 1. In his presence, person committed, actually
where warrantless committed, will commit an offense
arrests can be 2. Offense has been committed and he has personal
POLITICAL LAW PRE-WEEK REVIEWER 95
made knowledge
3. Prisoner who has escaped
2 Kinds of Prior NB 1. Content-Neutral
Restraint 2. Content-B ased
Government WI-FU- 1. It is within the constitutional power of the government
Regulation is UN-NO 2. It furthers a substantial government interest
Justified if (also 3. The governmental interest is unrelated to the
known as Content- suppression of free expression
Neutral 4. The incidental restriction is no greater than essential to
Regulations/O’Brien the furtherance of the interest.
Test):
Exceptions to WOS 1. When the nation is at war
freedom from prior 2. Obscene publications
restraint 3. S ecurity of community life may be protected against
incitements to violence or overthrow of orderly
government.
Test for Obscenity POL 1. Whether the average person, applying contemporary
(Miller Doctrine) community standards, would find the work, taken as a
whole, appeals to the prurient interest.
2. Whether the work depicts or describes, in patently
offensive way, sexual conduct specifically defined by
the applicable state law.
3. Whether the work, taken as a whole, lacks serious
literary, artistic, political or scientific value.
Compelling State SLL 1. The courts should look into the Sincerity of the
Interest test religious belief without inquiring into the truth of the
belief
2. The state has to establish that its purposes are
3. Legitimate and compelling
The state used the Least intrusive means possible.
Exceptions to the BENT 1. Banking transactions
right to information DISC 2. E xecutive sessions
3. National security matters
4. T rade secrets
5. D iplomatic correspondence
6. I ntelligence information
7. Supreme court deliberations
8. C losed door cabinet meetings
Requisite before OPJO 1. An ORDINANCE is enacted by the local legislative council
and LGU can authorizing the local chief executive;
exercise the power 2. The power of eminent domain is exercised for P UBLIC
of eminent domain USE, PURPOSE or welfare;
3. There is payment of JUST COMPENSATION; and
4. A valid and definite OFFER has been previously made
to the owner of the property sought to be expropriated,
but said offer was not accepted.

POLITICAL LAW PRE-WEEK REVIEWER 96

Elements of taking BEAPP 1. Utilization of the property must be in such a way as to
private property oust the owner and deprive him of the beneficial
enjoyment of his property.
2. The expropriator enters the property
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. The entrance must be p ermanent
Matters that can be ANP 1. The A of the compensation
judicially reviewed 2. The N ECESSITY of the taking
in expropriation 3. The PUBLIC USE character of the taking.
cases
Constitutional PITCHES 1. PRESUMPTION of innocence
Rights of the MACA 2. Right to be INFORMED of nature and cause of
Accused accusation against him
3. Right to TESTIFY as a witness in his own behalf
4. Right to C OMPULSORY process to secure
attendance of witnesses and production of evidence
5. Right to be HEARD by himself and counsel
6. Right to be EXEMPT from being compelled to be a
witness against himself
7. Right to SPEEDY, impartial and public trial
8. Right to M EET witness face to face
9. Trial in A BSENTIA - mandated only after arraignment
and absence unjustified
10. CRIMINAL due process:
a. Accused to be heard in court of competent
jurisdiction
b. Accused proceeded against under orderly
processes of law
c. Accused given notice and opportunity to be
heard
d. Judgment rendered was within authority of a
constitutional law
11. To APPEAL in all cases allowed and in the manner
prescribed by law
Requisites of Trial ANU 1. The accused has been validly Arraigned and
in Absentia 2. Accused has been duly Notified
3. His failure to appear is U njustifiable
Requisites for ATS 1. 1st jeopardy must have attached prior to the second
double jeopardy 2. The 1st jeopardy must have terminated
3. The 2nd jeopardy must be for the same offenses as
that in the 1st.
How jeopardy CICAP 1. A person is charged
attaches 2. Under a complaint or information sufficient in form and
substance to sustain a conviction
3. Before a court of competent jurisdiction
4. After the person is arraigned
POLITICAL LAW PRE-WEEK REVIEWER 97
 5. Such person enters a valid plea.
st
How 1 Jeopardy ACD 1. Acquittal
terminated 2. Conviction
3. Dismissal without the express consent of the accused
(S2M2D)
a. Dismissal based on violation of the right to a
speedy trial amounts to an acquittal
b. Discharge of an accused to be a state witness
(amounts to acquittal)
c. Dismissal on the merits
d. Dismissal on motion of the prosecution,
subsequent to a motion for reinvestigation filed
by the accused
e. Dismissal based on demurrer to evidence is a
dismissal on the merits
Modes of acquiring CoRN 1. Direct act of Congress
citizenship 2. Repatriation
3. N aturalization
LAW ON PUBLIC OFFICERS
Elements of public LSCIP 1. Created by law or by authority of law;
office 2. Possess a delegation of portion of sovereign powers
of government, for benefit of the public;
3. Powers conferred and duties imposed defined by
4. Constitution, legislature, or by its authority;
Duties performed independently and only controlled
by law unless placed under general control of
superior office or body;
5. Permanent or continuous.
How appointments NCIA 1. Nomination
by the President 2. C onfirmation
made 3. I ssuance of Confirmation
4. Acceptance by the appointee
Exceptions to the CTAP 1. Persons employed in confidential capacity
rule on nepotism 2. Teachers
3. P hysicians
4. Members of AFP
Who are required to PVCC- 1. President
file SALN SCOA 2. Vice-President
3. Members of the Cabinet
4. Members of Congress
5. Justices of the Supreme Court
6. Members of C onstitutional Commissions
7. Other constitutional offices
8. Officers of the Armed Forces with general or flag rank
Kinds of Preventive IA 1. Preventive suspension pending Investigation
Suspension 2. Preventive suspension pending Appeal
POLITICAL LAW PRE-WEEK REVIEWER 98
Conditions before IU 1. The employee must be found innocent of the charges;
employee entitled and
to back salaries in 2. His suspension must be unjustified or the official was
preventive innocent.
suspension
Personnel actions SCD2 1. Shortening term
amounting to 2. C ontrol does not extend to removal
removal 3. Demotion
4. Denial of optional retirement and refusal to reinstate
Effects of LDR 1. Officer still Liable to prosecution, trial, and punishment
Impeachment if the impeachable offense committed also constitutes
a felony or crime
2. Disqualification to hold any office
3. Removal from office of the official concerned
ADMINISTRATIVE LAW
Non-applicability of DARNN 1. If it should appear that an IRREPARABLE DAMAGE
doctrine of JP LICD will be suffered by a party unless resort to the court is
exhaustion of DRIED immediately made.
administrative LPS Quo 2. When the respondent is the ALTER EGO of the
remedies President
When no administrative REVIEW is provided as a
condition precedent for court action
Where insistence on its observance would result in the
NULLIFICATION of the claim asserted
When there was NO DECISION rendered
When there are special circumstances demanding
immediate JUDICIAL INTERVENTION
When the administrative remedy is PERMISSIVE or
concurrent
When the question raised is ESSENTIALLY AND
PURELY LEGAL
When strong PUBLIC INTEREST is involved
Where the issue raised is the CONSTITUTIONALITY of
the statute, rule or regulation
Where it is a civil action for DAMAGES
Where the officer acted in utter DISREGARD OF DUE
PROCESS
When there is NO OTHER plain, speedy, adequate
REMEDY
When act complained of is PATENTLY ILLEGAL
When the administrative body or the person invoking
the doctrine is in ESTOPPEL
When there is long-continued and UNREASONABLE
DELAY
When the subject of controversy is PRIVATE LAND
When the controversy involves POSSESSORY
ACTION involving public lands
When the claim involved is SMALL so that to require

POLITICAL LAW PRE-WEEK REVIEWER 99

 exhaustion would be oppressive and unreasonable
20. In QUO WARRANTO proceedings
Non-applicability of SPA-DIVE 1. To grant relief to preserve Status quo pending further
finality of action by the administrative agency;
administrative 2. Essential to the Protection of rights asserted;
action 3. When Allowed by law;
4. When the order is not reviewable and the complainant
will suffer great and obvious Damage if the order is
carried out;
5. An Interlocutory order affecting the merits of a
controversy;
6. An administrative officers acts in Violation of
constitution and other laws; and
7. To an order made in Excess of power
ELECTION LAW
Required 2
CD R 18 1. Citizen of the Philippines
qualifications for 2. Not Disqualified by law
voters 3. Resident of the Philippines for at least 1 YEAR
4. R esident of the place wherein he proposes to vote for
at least 6 months immediately preceding the election
5. At least 18 years old
Grounds for FDI 1. Sentenced by FINAL JUDGMENT to suffer
disqualification to IMPRISONMENT NOT LESS THAN 1 YEAR
vote 2. Adjudged by final judgment by a competent court of
having committed any crime involving DISLOYALTY
to the duly constituted government
For (1) and (2):
a. Disqualification may be removed by plenary
pardon or amnesty
b. Reacquire the right to vote upon expiration of 5
years after service of sentence
3. INSANE or INCOMPETENT persons as declared by
competent authority
Grounds for DS 1. Application for registration has been disapproved by
inclusion the board
proceedings 2. 2. Name has been stricken out
Grounds for Nq-FG 1. Not qualified or possessing disqualification
exclusion 2. F lying voters
proceedings 3. G host voters
Grounds for N-F3I2BS2 1. Not prepared in accordance with law
annulment of book 2. Prepared through:
of voters a. Fraud
b. F orgery
c. F orce
d. I ntimidation
e. I mpersonation

POLITICAL LAW PRE-WEEK REVIEWER 100

 f. Bribery
g. S imilar irregularity
h. Contains data that are Statistically improbable

Grounds for DWD 1. Death

substitution 2. W ithdrawal
3. D isqualification
Grounds for LFFD- 1. Lacking qualifications
disqualification of NEDS 2. F iling a COC for more than 1 office
candidates 3. F alse and material representation in the COC
4. D isqualifications under the LGC
5. N uisance candidate
6. E lection offenses enumerated under Sec. 68 of the
Omnibus Election Code
7. Declared insane or incompetent by competent
authority
8. Sentenced by final judgment for subversion,
insurrection, rebellion or an offense which he has
been sentenced to a penalty of more than 18 months,
or a crime involving moral turpitude, unless given
plenary pardon/ amnesty
Disqualifications MAO-PDF
1. Sentenced by final judgment for an offense involving
under LGC Moral turpitude or for an offense punishable by 1 year
or more of imprisonment within 2 years after serving
sentence.
2. Removed from office as a result of an Administrative
case.
3. Convicted by final judgment for violating the Oath of
allegiance to the Republic.
4. Permanent residents in a foreign country or those who
have acquired the right to reside abroad and continue
to avail of the same right.
5. Dual allegiance.
6. F ugitives from justice in criminal or non-political cases
here or abroad.
Grounds for false FMD 1. Must be False
and material 2. Must be Material
misrepresentation 3. Must be D eliberate and there is an intention to defraud
the electorate
2
Prohibited UF 1. Public Utilities or those exploiting natural resources of
Contributions PLAC2E the nation
2. Public or private Financial institutions, except loans to
a candidate or political party
3. Foreigners and foreign corporations
4. Grantees of franchises, incentives, exemptions,
allocations or similar Privileges or concessions by the
government
POLITICAL LAW PRE-WEEK REVIEWER 101
 5. Persons who, within 1 year prior to the date of the
election, have been granted Loans or other
accommodations in excess of P100,000 by the
government
6. Members of the Armed forces of the Philippines
7. Officials or employees in the Civil service
8. Persons with Contracts to supply the government with
goods or services or to perform construction or other
works
9. Educational institutions which have received grants of
public funds not less than P100,000 by the
government
When Failure of SNR 1. Election was Suspended before the hour fixed by law
Elections may be for the closing of the voting
declared 2. Election in any polling place was Not held on the date
fixed
3. Elections Results in a failure to elect (after the voting
and during the preparation and transmission of the
election returns or in the custody or canvass thereof).
Grounds for a MTD 1. There are material defects in the Election Returns
recount 2. The ERs are tampered or falsified
3. There are d iscrepancies in the ERs
Types of Election EQ 1. Election protest; and
Contests 2. Q uo Warranto
Grounds for IN MVP 1. Intimidation
Election Protest 2. No padlock
3. M isappreciation
4. V iolence
1. P adding of votes

Requisites for Quo VID 10 1. Filed by any registered Voter in the constituency;
Warranto Grounds:
a. Ineligibility
b. Disloyalty to the Republic of the Philippines
2. Within 10 days from proclamation of results
LOCAL GOVERNMENT
Indicators for the LIP 1. Land
creation or 2. I ncome
conversion of an 3. Population
LGU
Corporate powers PSC3 1. Acquire and convey real/personal Property
of an LGU 2. Sue and be sued
3. C ontinuous succession in its corporate name
4. Have and use a Corporate seal
5. Enter into Contracts
When there is F2VR2-DP 1. Elective local official Fills a higher vacant office
POLITICAL LAW PRE-WEEK REVIEWER 102
Permanent 2.Refuses to assume office Fails to qualify
Vacancy 3.V oluntarily resigns
4.R efuses to assume office
5.Removed from office
6.Dies
7.P ermanently incapacitated to discharge the functions
of his office
PUBLIC INTERNATIONAL LAW
Elements of Jus SAD 1. It can only be modified by a Subsequent norm having
Cogens the same character.
2. A norm Accepted and recognized by the international
community of states as a whole.
3. No Derogation is permitted.
Grounds for DJ-FEC 1. Duress
Invalidity of Treaty 2. J us cogens
3. F raud
4. E rror of fact
5. C orruption
Grounds for RAIN- 1. Rebus sic stantibus
Termination DOVE-EL 2. Accomplishment of purpose
3. I mpossibility of performance
4. Novation
5. Desistance of parties
6. Outbreak of war
7. V oidance of treaty
8. Extinction of one of parties, if treaty is bipartite
9. Expiration of Term
10. L oss of subject matter

POLITICAL LAW PRE-WEEK REVIEWER 103