Poli Pre Week 2019

University of Santo Tomas
Faculty of Civil Law
POLITICAL LAW
Pre-week Notes 2019
ACADEMICS COMMITTEE
Edrea Jean V. Ramirez
SECRETARY GENERAL: Aya Dominique S. Caparas, Arianna Laine T. Sarmiento,
BelleEXECUTIVEColleenOMMITTEET.DeLeon,: Pamela Nicole S. Manalo, Ruth Mae G. Sanvictores
POLITICAL LAW COMMITTEE

Jayson Gabriel R. Soriano
CuribaOMMITTEE HEADSara: D. Larce, Kimberly S. Guillermo, Rochelle Nieva D.
SUBJECT,JulieHEADSAnn: C. Manguiat, Jose Christian Anthony Pinzon, Lauren
Borromeo
Star A. Ma. Shemeda P. Caro, Maecy Jean L. Palad, Cj Dela Cruz,
Gabriel MThadeusEMBERSS:. Pelagio, Airei Kim P. Guanga, Dhen-Dhen G.

Ramos, Maria Frances Faye R. Gutierrez, Stephanie Brianne C. Saliba
Atty. Al ConradADVISERB. Espaldon
UST LAW PRE-WEEK NOTES 2019
XPN:
PRELIMINARY PROVISIONS AND BASIC 1. When it is expressly provided that a legislative
CONCEPTS
act is necessary to enforce a constitutional
mandate; and
NATIONAL TERRITORY
2. Provisions merely expressing general principles
Composition of the Philippine territory (2004, 2009 BAR)
like:
The national territory comprises the Philippine
b. Art. II: "Declaration of Principles and State
archipelago, with all the islands and waters
Policies"
embraced therein, and all other territories over
which the Philippines has sovereignty or c. Art. XIII: "Social Justice and Human Rights"
jurisdiction, consisting of its terrestrial, fluvial and
d. Art. XIV: "Education Science and Technology,
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other Arts, Culture end Sports” (Manila Prince Hotel
submarine areas. The waters around, between, and v. GSIS, G.R. 122156, Feb. 3, 1997)
connecting the islands of the archipelago,
XPN to the XPN:
regardless of their breadth and dimensions, form
1. Sec. 16, Art. II: Right to a balanced and healthful
part of the internal waters of the Philippines. (Art.
I, 1987 Constitution) ecology (Oposa v. Factoran, G.R. No. 101083, July
Q: What is an associated state?
2. Sec.30,1993)17, Art. III: Right to information ( Manila
In international practice, the "associated state"
arrangementA: has usually been used as a and
Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997);
3. Sec. 10, Art. XII: Filipino First Policy. (Manila
transitional device of former colonies on their way
Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997)
to full independence.
In case of doubt, the provisions of the
ConstitutionNOTE: should be construed as self-
Q: Explain why the MOA-AD creating the
Bangsamoro Juridical Entity was declared executing; mandatory rather than directory and
unconstitutional.
The provisions of the MOA-AD indicate, among prospective rather than retroactive. (Cruz and
otherA: things, that the Parties aimed to vest in the Cruz, Constitutional Law, p. 8)
BJE the status of an associated state or, at any rate,
SEPARATION OF POWERS
a status closely approximating it. It also implies the
recognition of the associated entity as a state. Q: What is the principle of separation of powers?
How is it violated?
The Constitution, however, does not contemplate
The principle of separation of powers refers to
any state in this jurisdiction other than the theA: constitutional demarcation of the three
Philippine State, much less does it provide for a fundamental powers of government – the
transitory status that aims to prepare any part of executive, legislative, and judiciary.
Philippine territory for independence. (Province of There is a violation of the principle when there is
North Cotabato vs. Government of Republic of the
impermissible (a) interference with and/or (b)
Philippines - Peace Panel, G. R. No. 183591, October
14, 2008) assumption of another department‘s functions.
DECLARATION OF PRINCIPLES AND STATE Q: Why is the PDAF declared unconstitutional?

POLICIES The enforcement of the national budget, as
primarilyA: contained in the GAA, is indisputably a
Self-executing provision
Aoperativeprovisionwithoutwhichis thecompleteaidofbysupplementaryitselfandbecomesor function both constitutionally assigned and
properly entrusted to the Executive branch of
government. the Legislative branch of government,
sufficientenabling rulelegislation,bymeansorof whichthat thewhichright
much more any of its members, should not cross
itsuppliesgrants may be enjoyed or protected; nature and extent of
over the field of implementing the national budget
fixedtherightbytheconferredConstitutionand itself.theliability imposed are
since, as earlier stated, the same is properly the
domain of the Executive.
Congress may still exercise its oversight function
executory.GR:Allprovisions of the Constitution are self- which is a mechanism of checks and balances that
the Constitution itself allows. But it must be made
clear that Congress‘ role must be confined to mere
oversight. Any post-enactment-measure allowing
1
UNIVERSITY OF SANTO TOMAS UST LAW BAR OPERATIONS
FACULTY OF CIVIL LAW ACADEMICS COMMITT EE 2019
POLITICAL LAW
legislator participation beyond oversight is bereft of 1. Congress (Article VI, Section 1, 1987 Constitution)
any constitutional basis and hence, tantamount to 2. Regional/local government units

(GRECO BELGICA vs.
(delegated by
impermissible interference and/or assumption of
EXECUTIVE SECRETARY OCHOA, G. R. NO. 208566, Congress thru a law)
executive functions. 3. The People
NOVEMBER 19, 2013, PERLAS-BERNABE) Sections 1 and 32, 1987 Constitution and
(Article VI, through initiative and referendum
by Law)
Principle of Blending of Powers
Limitations on the legislative power of Congress
Refers to an instance when powers are not confined 1. Substantive (Express limitations):
exclusively within one department but are assigned
CHECKS AND BALANCES

to or shared by several departments. (Art. III, 1987 Constitution)
Principle of Checks and Balances a. Bill of Rights (Art. VI, Secs. 25 and 29, 1987
Constitution)
b. On Appropriations
Allows one department to resist encroachments Constitution) (Art. VI, Secs. 28 and 29, 1987
upon its prerogatives or to rectify mistakes or c. On Taxation
excesses committed by the other departments.

STATE IMMUNITY VI, Sec. 30, 1987 Constitution) (Art.
d. On Constitutional appellate jurisdiction of SC
Doctrine of State Immunity (Art. VI, Sec. 31, 1987 Constitution)

GR: e. No law granting a title of royalty or nobility shall
(Sec. 3, Art. XVI, 1987 Constitution) be enacted
The State may not be sued without its consent.

XPN:
f. No specific funds shall be appropriated or paid for
use or benefit of any religion, sect, etc., except for

Waiver of state immunity may be in any of the [Art. VI, Sec. 29 (2)]
following forms: priests, etc., assigned to AFP, penal institutions, etc.
Express consent
1. which may be made through a 2. Procedural Limi ations
Implied consent
2. general law or a special law.
which is conceded when the [1987 Constitution,Art. VI, Sec. 26(1)]

State itself commences litigation, thus opening 1. Only one subject, to be stated in the title of the bill.
(Department of Agriculture . NLRC
itself to a counterclaim, or when it enters into a

G .R. No. 104269, November. 11, 1993)
contract.
However,
2. Three (3) readings on separate days; printed
a contract must be qualified according to the copies of the bill in its final form to be distributed to
a. Jure imperii its members 3 days before its passage, except if the
following: – sovereign or governmental President certifies to its immediate enactment to
b. Jure gestionis meet a public calamity or emergency; upon its last
activities; and – proprietary or commercial reading, no amendment shall be allowed and the
activities. [1987
vote thereon shall be taken immediately and the
Constitution,Art. VI, Sec. 2(2)]

The application of the state immunity applies only yeas and nays entered into the Journal.
to jure imperii.
Q: What are the instances when a suit against a
public official is not a suit against the State?
3. Appropriation bills, revenue bills, tariff bills, bills
authorizing the increase of public debt, bills of local
(1987
A: application and private bills shall originate
Constitution, Art. VI, Sec. 24)
If the public official is charged in their personal exclusively in the House of Representatives.
capacity, from liability arising from acts committed
in bad faith. Although the acts complained of may HOUSE OF CONGRESS; COMPOSITION AND
(Lansang v.
have been committed while he occupied a public
QUALIFICATION OF MEMBERS
CA, G.R. No. 102667, Feb. 23, 2000)
position, he is not exempt from liability.
COMPOSITION
LEGISLATIVE DEPARTMENT
LEGISLATIVE POWER The Senate shall be composed of twenty- four
Senators who shall be elected at large by the

Q: Who can exercise legislative power? (Art. VI, Section 2, 1987
qualified voters of the Philippines, as may be
Constitution)
provided by law.
A: The following has legislative powers:

FACULTY OF CIVIL LAW 2 ACADEMICS COMMITT EE 2019
The House of Representatives shall be composed of about population, a city must first meet a population
(Art. VI, Section 5, (Aquino and Robredo v. Comelec, G.R. No.
not more than two hundred and fifty members, minimum of 250,000 in order to be similarly
1987 Constitutio n) 189793, April 7, 2010)
unless otherwise fixed by law. situated.

QUALIFICATION
PARTY-LIST SYSTEM
Q: What are the qualifications for a Senator? Q: Is it necessary for a party-list nominee to
actually belong to the marginalized sector that
A: No person shall be a Senator unless he is a he seeks to represent?
natural -born citizen of the Philippines, and, on the A:
day of the election, is at least thirty-five years of age,
able to read and write, a registered voter, and a NO. A nominee who does not actually possess the
resident of the Philippines for not less than two marginalized and underrepresented status
(Art. VI, Section 3, 1987 Constitution) represented by the party-list group but proves to be
years immediately preceding the day of the election. a genuine advocate of the interest and concern of
Q: What are the qualifications for a member of the marginalized and underrepresented sector
Congress? represented is still qualified to be a nominee. Since
political parties are identified by their ideology or
A: platform of government, bona fide membership, in

(Atong Paglaum, Inc. v.
accordance with the political party's constitution

No person shall be a Member of the House of COMELEC, G.R. No. 203766. April 2, 2013)
Representatives unless he is a natural-born citizen and by-laws, would suffice.
of the Philippines and, on the day of the election, is Four inviolable parameters to determine
at least twenty-five years of age, able to read and winners in the Party-list elections
write, and, except the party-list representatives, a
registered voter in the district in which he shall be 1 20% ALLOCATION

elected, and a resident thereof for a period of not
(Art. VI, Section 6, 1987 Constituti n)
. – The Party-list
less than one year immediately preceding the day of
the election. representatives shall constitute 20% of the total
NOTE: number of the members of the House including
those under the Party-list;

In case of a nominee of the youth sector, he 2. 2% THRESHOLD
must at least be twenty- five (25) but not more than
thirty (30) years of age on the day of the election. – Only those parties garnering a
Any youth sectoral representative who attains the minimum of 2% of the total valid votes cast for the
[RA No. 7941, Sec. 9 (2)] Party-list system are qualified to have a seat in the
age of thirty (30) during his continue in office until House of Representatives;
the expiration of his term. 3. THREE-SEAT LIMIT

DISTRICT REPRESENTATIVES AND QUESTIONS – Each qualified party,
OF APPORTIONMENT regardless of the number of votes it actually
obtained, provided that it has secured more than
Q: What is gerrymandering? Is t allowed? 2% of the total valid votes cast for a party- list
system, is entitled only to a maximum of 3 seats;
A: Formation of one legislative district out of 4. PROPORTIONAL REPRESENTATION

– The
separate territories for the purpose of favoring a additional seats which a qualified party is entitled to
(Veterans Federation Party vs.
shall be computed “in proportion to their total

candidate or a party. COMELEC, G.R. No. 136781, October 6, 2000)
Gerrymandering is not allowed. number of votes.”
Q: Congress enacted a law reapportioning the PRIVILEGES, INHIBITIONS, and
composition of the Province of Camarines Sur DISQUALIFICATIONS
and created a new legislative district with only
180,000 population from non-adjacent Q JAR faces a dilemma: should he accept a
:
municipalities. Comelec argued that the Cabinet appointment now or run later for
Senator? Having succeeded in law practice as
250,000-population standard requirement does
well as prospered in private business where he
not apply to provinces. Is COMELEC correct? and his wife have substantial investments, he
now contemplates public service but without
A: losing the flexibility to engage in corporate
YES. Section 5(3), Article VI of the 1987 affairs or participate in professional activities
Constitution which requires 250,000 minimum within ethical bounds. Taking into account the
population requirement apply only for a city to be prohibitions and inhibitions of public office
whether as Senator or Secretary, he turns to you
entitled to a representative but not for a province. for advice to resolve his dilemma. What is your
The provision draws a plain and clear distinction advice? Explain briefly. (2004 BAR)
between the entitlement of a city to a district on one A:
hand, and the entitlement of a province to a district I shall advise JAR to run for Senator. As Senator,
on the other. For while a province is entitled to at he can retain his investments in his business,
least a representative, with nothing mentioned although he must make a full disclosure of his
3
POLITICAL LAW
business and financial interests and notify the 5. The yeas and the nays shall be entered in the
Senate of a potential conflict of interest if he authors Journal.
a bill. XPN:
He can continue practicing law, but he cannot
The certification of the President, due to the
(Se tio n 12, Article VI of the 1987 Constit tion)
personally appear as counsel before any court of necessity of its immediate enactment to meet a
justice, the Electoral Tribunals, or quasi-judicial and public calamity or emergency, dispenses with the
other administrative bodies. reading on separate days and the printing of the bill
in the final form before its fin al approval.
the 1987 Constitution) (Section 14, Article VI of (Tolentino

As a member of the Cabinet, JAR cannot directly or 1995)
v. Secretary of Finance, G.R. No. 115455, October 30,
indirectly practice law or participate in any Q: When does a bill become a law? (1991, 1993,
business. He will have to divest himself of his 1996 Bar)
investments in his business.
prohibiti In fact, the Constitutional

A:
(Sec io n 13, Ar icle VII
covers on imposed on members of the Cabinet
of 1987 Constitution)
both public and private office or

Secretary, G.R. No. 83896, February 22, 1991)
1 . Approved and signed by the President
employment. 2. Presidential veto overridden by 2/3 vote of all
(Civil Liberties Union v. Executive
DISCIPLINE OF MEMBERS
members of both Houses
3. Failure of the President to veto the bill and to
Q: May members of Congress be suspended return it with his objections to the House
during their tenure? where it originated, within 30 days after the
date of receipt
A: 4. A bill calling a special election for President

YES. “… each house may determine the rules of its and Vice-President under Sec. 10. Art. VII
proceedings, punish its Members for disorderly becomes a law upon its approval on the third
behavior, and, with the concurrence of twothirds of reading and final reading.
all its Members, suspend or expel a Member. A QUORUM AND VOTING
penalty of suspension, when imposed, shall not

exceed sixty days. “ Q: How will the minority leader be selected?
(Article VI, Section 16 (3), 1987
Constitution)
The interpretation of the phrase “disorderly A: While the Constitution mandates that the
behavior” is the prerogative of the House concerned President of the Senate must be elected by a number
Pendatun, GR L-17144, October 28, 1960) constituting more than one half of all the members
and cannot be judicial ly reviewed. thereof, it does not provide that the members who
(Osmeña v.
Q: Can a senator or congressman be suspended will not vote for him shall ipso facto constitute the
by the Sandiganbayan or the Ombudsman? “minority”, who could thereby elect the minority
leader.
(Santiago v. Guingona GR No. 134577,

A: YES. Members of Congress may also be November 18, 1998)
(Paredes v. Sandiganbayan G.R. No. The Constitutional provision also states that the
suspended by the Sandiganbayan or by the Office of

118364, August 10, 1995; Santiago vs.
House of Representatives may decide to have
the Ombudsman. officers other than the Speaker, and that the method
Sandiganbayan, G.R. No. 128055, April 18, 2001) and manner as to how these officers are chosen is
something within its sole control. As such, the
method of choosing who will be such other officers
The order of suspension prescribed by Republic Act is merely a derivative of the exercise of the
No. 3019 is distinct from the power of Congress to prerogative conferred by the aforequoted
discipline its own ranks under the Constitution. constitutional provision. Therefore, such method
PROCESS OF LAW-MAKING must be prescribed by the House of Representatives
itself, not the Court.
Rules regarding the passage of bills Constitutional respect and a becoming regard for
the sovereign acts of a co-equal branch prevents the
Court from prying into the internal workings of the

1. No bill passed by either House shall become a Alvarez, July 25, 2017)
law unless it has passed 3 readings on separate House of Representatives.
(Cong. Baguilat v. Speaker

2. Printed copies of the bill in its final form and voting jointly
should be distributed to the Members 3 days

days.
Instances when Congress is voting separately
before its passage
3. Upon the last reading of a bill, no amendment SEPARATE JOINT
thereto shall be allowed.

4. The vote on the bill shall be taken immediately
after the last reading of a bill.

- Choosing the extending the (Art. VI, Sec.

President in case proclamation To enter the Yeas and 1/5 of the members
of a tie suspending the 16, Par. 4)
(Art. VII, privileg e of writ of
- Determining habeas corpus
Nays in the Journal present

Sec. 4)
To declare the 2/3 of both houses
President’s (Art. VI, Sec.
inability
to existence of a state of joint session voting
(Art. VII, Sec. 18)
23)
discharge the - When

extending
revoking or the
powers and duties declaration of war separately
of his office martial law.
- Confirming (Art. (Art.

VII, Sec. 11) VII, Sec. 18) APPRORPIATION AND RE-ALIGNMENT
Power of appropriation
nomination of The spending power, also called the “
VicePresident ”, belongs to Congress, subject
- Declaring
the
(Art. VII, Sec . 9) onlypowertotheofvetothe powerurse of the President. It
carries with it the power to specify the project or activity

existence of a state
of war in joint to be funded under the appropriation law.
session (Art. VI, A
ppropriation law
- Proposing statute enacted for the specific purpose of

Sec. 23, Par. 1)
authorizing the release of public funds from the
Constitutional(Art.
amendments treasury.
XVII, Sec. 1) Implied limitations on appropriation power 1. Must specify a
public purpose;
2. Sum authorized for release must be
Instances when Congress votes by majority
determinate, or at least determinable.
(Guingona v. Carague, G.R. No. 94571, April 22,
INSTANCES NUMBER OF VOTES 1991)
REQUIRED
Elect the Senate Majority vote of all its Constitutional limitations on special appropriations measures
President, House of respective members 1. Must specify public purpose for which the
Representatives sum was intended;
Speaker,
such or
2. Must be supported by funds actually available
(Art. VI, Sec. 16, Par. 1)
officers as deemed by as certified by the National Treasurer or to be
each house to be
raised by corresponding revenue proposal
necessary
therein. [1987 Constitution, Art. VI, Sec. 25(4)]
Commission on Majority vote of all the
Constitutional rules on general appropriations laws
Appointments ruling members
(Art. VI, Sec. 1. Congress may not increase appropriations
recommended by the President for the
18)
operations of the government;
2. Form, content and manner of preparation of
Passing a law granting Majority all the
any tax exemption members of Congress
(Art. VI , Sec. 28, Par. 4)
Instances when Congress votes other than

majority
INSTANCES NUMBER OF VOTES

REQUIRED
To suspend expela
member inaccordance 2/3 of all its members (Art. VI, Sec. 16,
Par. 3)
with its rules and proceedings
appropriations by Congress; and sub-rosa
5. Prohibition against transfer of appropriations

No provision or enactment shall be embraced in the bill unless it relea ses specifically to some particular appropriations therein;
budget shall be provided by

law; from one branch (judiciary, legislative, and
executive) to another. Nonetheless, the
4. Procedure for approving following may, by law, be authorized to
appropriations for Congress
shall be the same as that of augment any item in the general
other departments in order to appropriations law for their respective offices
prevent
5
POLITICAL LAW
from savings in other items of their respective

appropriations ( ):
a. President;
Doctrine of Augmentation
b. Senate President;
c. Speaker of the HoR;
d. Chief Justice; and
Heads of Constitutional Commissions.
e.
[1987 Constitution, Art. VI, Sec. (5)]
Q: The Senate Blue Ribbon Committee sent a subpoena to Former Bureau of Customs Commissioner
Nicanor Faeldon requiring him to appear in the investigation being conducted by the said Senate
Committee with regard to the TARA system in the BOC. But Faeldon refused to attend the hearing on the
ground that there is already a case pending with the Office of the
Ombudsman. Is he correct?
NO. The mere filing of a criminal or
administrativeA: complaint before a court or a
quasi-judicial body should not automatically bar
the conduct of legislative investigation. Otherwise,
it would be extremely easy to subvert any intended
inquiry by Congress through the convenient ploy of
instituting a criminal or an administrative
complaint. Thus, the Vice Chairman of SCB is not
correct in refusing to attend the investigation
proceeding on the ground that criminal and civil
cases involving the same issues are pending in
courts. (Standard Chartered Bank v. Senate, G.R. No.
167173, December 27, 2007)
Q: In the exercise of its power to investigate in aid of legislation, can Congress cite a person in
contempt and detain him indefinitely?
NO. Congress may cite persons in contempt and

orderA: them detained but the detention cannot be
indefinite. The detention should only last until the
termination of the legislative inquiry under which
the said power is invoked or when Congress
adjourns sine die. If Congress decides to extend the
period of imprisonment for the contempt
committed by a witness beyond the duration of the
legislative inquiry or after it has already adjourned,
then it may file a criminal case under the existing
statute or enact a new law to increase the definite
period of imprisonment. (Arvin Balag vs. Senate of
the Philippines, G. R. No. 234608, July 3, 2018)
POWER OF IMPEACHMENT
Q: As a leading member of the Lapiang Mandirigma in the House of Representatives, you were tasked
by the party to initiate the moves to impeach the President because he entered into an executive
agreement with the US Ambassador for the use of the former Subic Naval Base by the US Navy, for free, i.e.,
without need to pay rent nor any kind of fees as a show of goodwill to the U.S. because of the continuing
UNIVERSITY OF SANTO TOMAS

FACULTY OF CIVIL LAW 6
nominee has taken his oath and assumed office as
member of the HoR, the COMELEC’s jurisdiction 1. Propose

over election contests relating to his qualifications amendments to
ends and the HRET’s own jurisdiction begins. Approve or

Constitution; reject
COMMISSION ON APPOINTMENTS 2. Propose and legislation
(Abayon v. HRET, G.R. No. 189466, Feb. 11, 2010) Extent the
enact
Q: What are the rules on voting in the legislation.

Commission on Appointments?
1. The CA shall rule by a majority vote of all the NOTE: The following are the limitations on
A:
members. initiative or referendum:
2. The chairman shall only vote in case of tie.

3. The CA shall act on all appointments within 30 a. No petition embracing more than one (1)
(1987 Constitution, Art. VI, Sec. 18) subject shall be submitted to the electorate.
session days from their submission to Congress. b. Statutes involving emergency measures, the
enactment of which are specifically vested in

INITIATIVE AND REFERENDUM Congress by the Constitution, cannot be
subject to referendum until 90 days after
Initiative their effectivity.
(RA 6735, Sec. 10).

It is the power of the people to propose
EXECUTIVE DEPARTMENT
amendments to the Constitution or to propose and QUALIFICATIONS, ELECTION, AND TERM OF

enact legislation. THE PRESIDENT AND VICE PRESIDENT
Kinds of Initiative under the Initiative and
Referendum Act (RA 6735)
1. Ini ative on the Constitution – Refers to a
QUALIFICATIONS
petition proposing amendments to the 1. Natural-born citizen of the Philippines;

Constitution. 2. A registered voter;
I itiative statutes 3. Able to read and write;

2. national – Refers to a petition to 4. At least forty years of age on the day of the
enact a legi slation. election; and
Ini ative on cal legislation 5. A resident of the Philippines for at least ten
3. – Refers to a years immediately preceding such election.
petition proposing to enact a regional,
provincial, municipal, city, or barangay law, TERM OF OFFICE
(1987 Constitution, Art. VII, Sec. 2)
resolution or ordinance.
[RA 6735, Sec. 3 (a)]
Referendum 1. The President shall be elected by direct vote of

the people for a term of 6th years which shall
It is the power of the electorate to approve or reject begin at noon on the 30 day of June next
legislation through an election called for that following the day of the election and shall end
purpose. at noon of the same date, 6 years thereafter.
Kinds of Referendum 2. The President shall not be eligible for any re-
election.
Referendum on S atutes 3. No person who has succeeded as President
and has served as such for more than four
1. - Refers to a petition to (1987 Constitution, Art. VII,
years shall be qualified for election to the same

approve or reject a law, or part thereof, passed Sec. 4)
by Congress. office at any time.

2. Referendum on Local Law – Refers to a petition NOTE:
to approve or reject a law, resolution or Vice-President shall have the same

ordinance enacted by regional assemblies and
local legislative bodies.
qualifications and term of office and be elected with,
and in the same manner, as the President.
(1987
Constitution, Art. VII, Sec. 3
Initiative vs. Referendum (2000 Bar) )
PRIVILEGES, INHIBITIONS AND
DISQUALIFICATIONS
BASIS REFERENDU
INITIATIVE
M
Privileges of the President and Vice-President
7
POLITICAL LAW
covers final and post decisional matters, as well as
PRESIDENT VICE-PRESIDENT pre deliberative ones. The deliberative process

privilege includes advisory opinions,
recommendations and deliberations comprising
1. Official residence; 1. Salary shall not part of a process by which governmental decisions
be decreased and policies are formulated.
determined by law tenure; (Neri v. Senate

Committee on Accountability of Public Officers and
2. Salary is during his Investigations, 549 SCRA77 [2008])
decreased during 2. If appointed to a President, Vice-President, Cabinet Members,

his tenure. Cabinet post, no and their deputies or assistants? (1996, 1998,
and not to be What are the prohibitions attached to the
(1987
Commission on
Constitution, Art. Appointments’

VII, Sec. 6) need for 2002, 2004 Bar)
3. Immunity from suit confirmation. 1. Shall not receive any other emolument from the
for official acts. (1987 government or any other source
Constitution, Art. VII, (1987

Sec. 3) Constitution, Art. VII, Sec. 6).
2. Shall not hold any other office or employment

during their tenure :
Rules on executive immunity unless
during a. Otherwise provided in the Constitution

The President is immune from suit his ( VP can be appointed as a Cabinet
A. Rules on immunity DURING tenure (not term): .g.
incumbency. Member without the need of confirmation

by Commission on Appointments; Sec. of
(In re: Bermudez, G.R. No. 76180, Justice sits in the Judicial and Bar Council)
1. The President is immune from suit during his ex- ffic io
tenure. b. The positions are and they do not
(1987 receive any salary or other emoluments

October 24, 1986)
2. An impeachment complaint may be filed

Constitution, Art. XI)
Monetary Board)
e.g.
against during his tenure. him 3. Shall not practice, directly or indirectly, any
(Soliven v. Makasiar, G.R. No. other profession during their tenure
3. The President may not be prevented from
instituting suit. 4. Shall not participate in any business
4. There is nothing in our laws that would 5. Shall not be financially interested in any
82585, November 14, 1988)
prevent the President from waiving the contract with, or in any franchise, or special
(Soliven v. Makasiar, ibid.) privilege granted by the Government, including
privilege. He may shed the protection afforded GOCCs
by the privilege. (Gloria v. CA, G.R. No. 6. Shall avoid conflict of interest in conduct of
5. Heads of departments cannot invoke the

119903, August 15, 2000) office
President’s immunity. (1987 Constitution, Art.
B. Rule on immunity AFTER tenure:
7. Shall avoid nepotism
VII, Sec. 13).

non-official acts The spouse and
relativesh by consanguinity or
Once out of office, even before the end of the 6-

year term, immunity for is affinity within the 4 civil degree of the President
lost. Immunity cannot be claimed to shield a shall not, during his tenure, be appointed as:
non-sitting President from prosecution for a. Members of the Constitutional
alleged criminal acts done while sitting in office. Commissions;
2, 2001) b. Office of the Ombudsman;
c. Secretari es;
(Estrada v. Desierto, G.R. Nos. 146710-15, March
Distinguish "presidential communications d. Undersecretaries;

privilege" from "deliberative process privilege." e. Chairmen or heads of bureaus or offices,
(2010 BAR) including GOCCs and their subsidiaries.
Presidential communications privilege applies to EXECUTIVE AND ADMINISTRATIVE POWERS
POWERS OF THE PRESIDENT

decision-making of the President. The deliberative IN GENERAL
process privilege applies to decision-making of
executive officials. Unlike the "deliberative process

privilege," "the presidential communications
privilege" applies to documents in their entirety and

Power of administrative reorganization
Appointments where confirmation of the
The President has the continuing authority to Commission on Appointments is required
reorganize the national government, which includes (HA2O)
the power to group, consolidate bureaus and
agencies, to abolish offices, to transfer functions, to 1. Heads of executive departments
create and classify functions, services and activities
GR: Appointment of cabinet secretaries
and to standardize salaries and materials; it is requires confirmation.
effected in good faith if it is for the purpose of
economy or to make bureaucracy more efficient. XPN: Vice-president may be appointed as a
(MEWAP v. Exec. Sec., G.R. No. 160093, July 31, 2007) member of the Cabinet
[1987 Constitution, Art. VII, Sec. 3(2)].
and such
appointment requires no confirmation
Q: President Benigno Simeon Aquino III issued
Executive Order No. 13 (E.O. 13), abolishing the PAGC
and transferring its functions to the Office of the 2. Ambassadors, other public ministers and
Deputy Executive Secretary for Legal Affairs consuls– Those connected with the diplomatic
(ODESLA), more particularly to its newly-established and consular services of the country.
Investigative and Adjudicatory Division (IAD). Does
3. Officers of AFP from the rank of colonel or
the executive order usurps naval captain
the legislative power to create office?
NO. The President has continuing authority to
reorganizeA: the executive department under Sec. NOTE: PNP of equivalent ranks and the
31 of E.O. 292 or the Administrative Code of 1987. Philippine Coast Guard is not included.
In Domingo v. Zamora, the Court gave the rationale
behind the President’s continuing authority. The 4. Other officers of the government whose
law grants the President this power in recognition (1987 Constitution, Art. VII,
appointments are vested in the President in

of the recurring need of every President to
reorganize his office to achieve simplicity, economy
Sec. 16)
the Constitution
and efficiency.” The President merely organized his
office. (PROSPERO A. PICHAY vs. OFFICE OF THE , such as:
DEPUTY EXECUTIVE SECRETARY, G. R. No. [1987 Constitution,
196425, July 24, 2012, PERLAS-BERNABE)

a. Chairmen and members of the CSC,
Q: What do you mean by the “Calling-out Power” Art. IX-B, C, D, Sec. 1(2)]
of the President under Section 18, Article VII of
out
COMELEC and COA [1987
b. Regular members of the JBC
the Constituti n? (2006 BAR)
A: The calling- power of the President refers to the

power of the President to order the armed forces, Constitution, Art. VIII, Sec. 8(2)]
whenever it becomes necessary, to suppress Appointments where confirmation of the

Commission on Appointments is NOT required:
lawless violence, invasion or rebellion (David. v
1. All other officers of the Government whose
Macapagal- Arroyo, G.R. No. 171396, May 3, 2006) appointments are not otherwise provided for by
Q: Can the Court direct the Executive law;
Department to conduct foreign relations with
Japan based on international laws?
2. Those whom the President may be authorized by
NO The Constitution has entrusted to the
law to appoint;
ExecutiveA:. Department the conduct of foreign
relations for the Philippines. Whether or not to 3. Officers lower in rank whose appointments the
espouse petitioners' claim against the Government
Congress may by law vest in the President alone.
of Japan is left to the exclusive determination and
judgment of the Executive Department. The Court (Manalo vs. Sistoza, 312 SCRA 239, August 11, 1999)
cannot interfere with or question the wisdom of
the conduct of foreign relations by the Executive MIDNIGHT APPOINTMENTS
Prohibited appointments under Sec. 15, Art. VII of
Department. Accordingly, we cannot direct the
theThoseCnstitution
Executive Department, either by writ of certiorari
1. made for buying votes
or injunction, to conduct our foreign relations with
Japan in a certain manner (Vinuya, et. al. v. Romulo, 2. Those made for partisan considerations–
G.R. No. 162230, August 13 2014).
Consists of the so-called “midnight”
POWER OF APPOINTMENT
appointments. (In Re: Hon. Valenzuela and
CONFIRMATION AND BY-PASSED Hon. Vallarta, A.M. No. 98-5-01-SC, November
APPOINTMENTS
9, 1998)
Q: Does the prohibition against appointments

provided under Sec. 15, Art VII of the
Constitution apply to appointments to the
judiciary?
9
POLITICAL LAW
A: NO. Art. VII is devoted to the Executive NOTE: The President is without any power to
Department. Had the framers intended to extend remove elected local officials since the power is
the prohibition contained in Sec. 15, Art. VII to the exclusively provided in the last paragraph of Section
appointment of Members of the Supreme Court, 60 of the Local Government Code.
they could have explicitly done so. They could not POWER OF CONTROL AND SUPERVISION
have ignored the meticulous ordering of the
provisions. They would have easily and surely

written the prohibition made explicit in Sec. 15, Art. 1987
The President shall have control of all executive
VII as being equally applicable to the appointment Constitution, Art. VII, Sec. 17
of Members of the Supreme Court in Art. VIII itself, departments, bureaus )and offices. (
most likely in Sec. 4 (1), Art. VIII. That such DOCTRINE OF QUALIFIED POLITICAL AGENCY
specification was not done only reveals that the (or Alter Ego Principle)
prohibition against the President or Acting
President making appointments within two months

before the next presidential elections and up to the
end of the President’s or Acting President’s term The acts of the secretaries of the Executive
(De Castro v. JBC, G.R. No. 191002, March 17, 2010). departments performed and promulgated in the
does not refer to the Members of the Supreme Court (Villena vs. Sec. of the
regular course of business are presumptively the

AD INTERIM APPOINTMENTS acts of the Chief Executive.
Interior, G.R. No. L-46570, April 21, 1939)

Power of the President to make disapproved or reprobated
appointments , but XPNs to the Alter Ego doctrine
such appointments shall be effective only until 1. If the acts are by
permanent
disapproval by the Commission on Appointments or

the President; requ red to act in person
during the recess of Congress
until the next adjournment of the Congress e.g.

( ). 2. If the President is by
Purpose of ad interim appo ment law or by the Constitution. ( executive

Ad interim clemency)
Matibag v. Benipayo, G.R. No. 149036, April 2, 2002
appointments are intended to prevent a Supervision over local government units
hiatus in the discharge of official duties. Obviously, LGUs
the public office would be immobilized to the
prejudice of the people if the President had to wait The power of the President over is only of
for Congress and the Commission of Appointments general supervision. Thus, he can only interfere in
(Guevara v. Inocentes, the affairs and activities of an LGU if he finds that the
to reconvene before he could fill a vacancy

G.R. No. L-25577, March 15, 1966).
latter acted contrary to law. Any directive,
occurring during the recess therefore, by the President or any of his alter egos
Q: Can the President appoint Acting Secretaries seeking to alter the wisdom of a law-conforming
without the consent of the Commission while the judgment on local affairs of a LGU is a patent nullity,
because it doctr ne of separation of powers , as
Congress is in session? well as the of the

violates the principle of local autonomy
executive and the legislative departments in
A: YES. Congress, through a law, cannot impose on governing municipal corporations.
(Dadole v. COA,
the President the obligation to appoint MILITARY POWERS
G.R. No. 125350, December 3, 2002)
automatically the undersecretary as her temporary Guidelines for the declaration of martial law
alter ego. An alter ego, whether temporary or (ISD2A)
permanent, holds a position of great trust and
confidence. The office of a department secretary 1. There must be an I nvasion or Rebellion, and
may become vacant while Congress is in session.
Since a department secretary is the alter ego of the S
President, the acting appointee to the office must 2. Public afety requires the proclamation of martial
necessarily have the President’s confidence. law all over the Philippines or any part thereof.
2005) Duration: Not more than 60 days following which it
(Pimentel v. Ermita, G.R. No. 164978, October 13,

POWER OF REMOVAL
shall be automatically lifted unless extended by
Congress.
GR: From the express power of appointment, the Duty of the President to report to Congress: within 48
President derives the implied power of removal. hours personally or in writing.
XPN: Not all officials appointed by the President are The power of Congress is to revoke — not to
also removable by him since the Constitution confirm or ratify, much less to approve, — the
NOTE:
e.g President's action declaring martial law or

prescribes certain methods for the separation from
the public service of such officers ( . suspending the privilege of the writ of habeas
impeachment) corpus. It is a veto power, just as the power of the

judiciary to review the President's action is a veto The power of executive clemency is a
and must be exercised by the
power on the Executive's action. President
. non-
delegable power
It is clear, therefore, that the President's power to executive function
personally
declare martial law or suspend the writ is Clemency is not a function of the judiciary; it
independent, separate, and distinct from any
is an . The grant is discretionary
NOTE:
constitutionally mandated act to be performed by and may not be controlled by the legislature
either the Legislature or the Judiciary. (Congress) as to limit the effects of the President’s
pardon, or to exclude from its scope any class of
Role of the Supreme Court in inquiring into the offenders. Also, the Courts may not inquire into the
factual bases of the President’s declaration of a wisdom or reasonableness of any pardon granted
state of national emergency by the President or have it reversed, save only when
it contravenes its limitations. It includes cases
While it is true that the Court may inquire into the involving both criminal and administrative cases.
factual bases for the President’s exercise of the
above power, it would generally defer to her Kinds of executive clemency (FPARC)
judgment on the matter. It is clearly to the President
that the Constitution entrusts the determination of P
the need for calling out the armed forces to prevent 1. ardons (conditional/absolute or
and suppress lawless violence. Unless it is shown plenary/partial);
that such determination was attended by grave 2. C eprieves;
abuse of discretion, the Court will accord respect to 3. ommutations;
the President’s judgment. 4. Remission of ines and orfeitures; and
5. mnesty
(Ampatuan v. Hon. Puno, F F
G.R. No. 190259. June 7, 2011) A
Role of the Supreme Court in inquiring into the Pardon

Martial Law (ML) An act of grace, which exempts individual on whom
factual bases of the President’s declaration
it is bestowed from punishment, which the law

The power of the Court to review the sufficiency of inflicts for a crime he has committed. As a
the factual basis under Sec. 18, Art VII of the consequence, pardon granted after conviction frees
Constitution is independent of the actions taken by the individual from all the penalties and legal
Congress. disabilities and restores him to all his civil rights.
But unless expressly grounded on the person’s
The Court can simultaneously exercise its power of innocence (which is rare), it cannot bring back lost
review with, and independently from the power to reputation for honesty, integrity and fair dealing.
revoke by Congress. Corollary, any perceived
inaction or default on the part of Congress does not
NOTE:
(Monsanto v. Factoran, G.R. No. 78239, Feb. 9, 1989)
deprive or deny the Court its power to review. Because pardon is an act of grace, no legal
NOTE: power can compel the President to give it. Congress
There is sufficient factual basis for the has no authority to limit the effects of the
declaration of Martial Law or the suspension of the President’s pardon, or to exclude from its scope any
privilege of the writ if from the facts available to the class of offenders. Courts may not inquire into the
President, it led him to believe that there was wisdom or reasonableness of any pardon granted
PROBABLE CAUSE that the crime of rebellion was by the President.
and is being committed and that the public safety Limitations on the President’s Pardoning
requires it. After all, only the standard of probable Powers (CAN-F, CANNOT-CLIEP) (2015 BAR)
cause is what the President needs to satisfy.
the Privilege of the Writ of HC
1. Can be granted only
Territorial Coverage of ML or the Suspension of after conviction by Final
judgment
The 1987 Constitution grants to the President, as XPN: AMNESTY

Commander-in-Chief, the discretion to determine
2. Cannot be granted in cases of civil or
the territorial coverage or application of ML or the legislative .
suspension of the privilege of the writ of HC. There civil Liability
is no constitutional edict that ML should be confined 3. Cannot absolve convict of .
Contempt
only in the particular place where the armed public Impeachment.

uprising actually transpired. The President’s duty to (1987 Constitution, Art. VII, Sec. 19)
maintain peace and public safety is not limited only 4. Cannot be granted in cases of
to the place where there is actual rebellion; it violations of Election

extends to other areas where the present hostilities 5. Cannot be granted for
are in danger of spilling over. the COMELEC.
laws without favorable recommendations of
Ratio: The COMELEC is an independent body.

EXECUTIVE CLEMENCY
11
POLITICAL LAW
6. Cannot restore Public offices forfeited.
Q: The Philippine Government signed the
Reprieve Rome Statute of the International Criminal Court
The postponement of sentence to a date certain or but refused to submit it to the Senate for its
concurrence. Sen. Pimentel filed a petition for
stay of execution. mandamus to compel the executive department
to transmit the signed text of the treaty to the
Commutation Senate of the Philippines for ratification. Will
The reduction or mitigation of the penalty, from
theSection
suit 21, Article VII of the 1987
death penalty to life imprisonment, remittances prosper?
Constitution
providesA: that “no treaty or international
and fines. Commutation is a pardon in form but not
agreement shall be valid and effective unless
in substance, because it does not affect his guilt; it
merely reduces the penalty for reasons of public concurred in by at least two-thirds of all the
interest rather than for the sole benefit of the Members of the Senate.” The power to ratify is
The
vested in role of the Senate is limited only to
the President.
offender.
Remission of fines and forfeitures giving or withholding its consent, or
Merely prevents the collection of fines or the
concurrence, to the ratification. Hence, it is
confiscation of forfeited property. It cannot have
within the authority of the President to refuse to
the effect of returning property which has been
submit a treaty to the Senate for its ratification.
vested in third parties or money already in the The decision not to ratify a treaty is within the
public treasury. competence of the President alone, which cannot

Amnesty
be encroached by the Courts via a writ of
The grant of general pardon to a class of political
offenders either after conviction or even before the mandamus. (Pimentel v. Romulo, G.R. No. 158088,
charges is filed. It is the form of executive clemency July 6, 2005)

Q: Can the President, on his own, terminate a
which under the Constitution may be granted by
treaty?
NO. Typically, a treaty provides for its
the President only with the concurrence of the
A:termination by notice of one of the parties, usually
legislature.
Requisites of amnesty
after a prescribed time from the date of notice. Of
Concurrence of a majority of all the members course, treaties may also be terminated by
1. of Congress ; and agreement of the parties, or by breach by one of the
(Art.VII,Sec . 19)
2. A previous admission of guilt (Vera v. People) parties, or by some other means. Because the
Constitution requires the consent of the Senate for
making a treaty, one can logically argue that its
consent is as well required for terminating it.
Executive Clemency Requirement
Finally, because treaties are, like statutes, the law of
the land, it may well be argued that, again like
Pardons statutes, they may be undone only through law–
making by the entire Congress; additionally, since
Congress may be required to implement treaties
Reprieves
and may displace them through legislation, this
argument is re-enforced.
Requires conviction
Commutations by final judgment
Q: The President alone without the concurrence
of the Senate abrogated a treaty. • Assume that
Remission of
Fines the other country-party to the treaty is
agreeable to the abrogation provided it complies
and Forfeitures
with the Philippine Constitution. • If a case
involving the validity of the treaty abrogation is
brought
Requires to the Supreme Court, how should it be
Amnesty concurrence
resolved? of BAR)
(2008
Congress
SUGGESTED ANSWER:
The Supreme Court should declare the treaty
abrogation invalid. While the Constitution is

POWERS PERTINENT TO FOREIGN RELATIONS silent
UST LAW BAR OPERATIONS

ACADEMICS COMMITT EE 2019
Rules to be applied if the vacancy occurs during
on whether a treaty abrogation shall require the the incumbency of the President
concurrence of the Senate to make it valid and
effective, the treaty-ratifying power of Senate CAUSE OF
carrie s with it the power to concur a treaty VACANCY CONSEQUENCE
abrogated by the President by way of necessary

implication.
In case of : (DPR2) The Vice Pr sident

Under the doctrine of incorporation, a treaty duly serve the
D shall become the

ratified by the Senate and recognized as such by the unexpired term
contracting State shall form an integral part of the a. P eath; President to
law of the land. b. ermanent .

Disability;
The President alone cannot effect the repeal of a law R
of the land formed by a joint action of the executive

c.emoval from
and legislative branches, whether the law be a office; or
statute or a treaty. To abrogate a treaty, the R
President’s action must be approved by the Senate. d. esignation of the
President
RULES ON SUCCESSION
Senate
In case of : President
CAUSE OF VACANCY CONSEQUENCE The inability
D , or in case
Speaker of the HoR

death Vice-Pr sident a. Peath; of his , the ,
until the President or
permanent el ct b. ermanent shall act as President
In case of or The Vice President shall

disability Disability;
shall become R have ben elected and
of the President. c. emoval from qualified
President-elect.
-President office; or
.
ct failure to Vi d. Resignation of both
In case of The
President the President and
the President shall act as the
elections the Vice-President
(i.e. Presidential until the
have not President shall have Rules and procedure to be followed if a vacancy
been held or non- been chosen and occurs in the offices of the President and Vice-
completion of the qualified. President. (1987 Constitution, Art. VII, Sec. 10)
canvass of the
Presidential At 10:00 A.M. of the third day after said vacancy

elections)
occurs
no Senate President – Congress shall convene in accordance with
its rules without need of call.
In case The , Within 7 days
Speaker of
and Vice-President or in case of his
chosen and the HoR 1. — Congress shall enact a law
shall have been inability, the
qualified shall act as calling for a special election to elect a President

both died and a Vice President.
, or where
President until a Said special el ction sh
ll be held
shall have President or a Vice-
permanently 2. — Not earlier

or become President shall have
disabled than forty-five (45) days nor later than sixty
been chosen and (60) days from the time of such call.
.
qualified. 3. The bill calling such special election — Shall be
deemed certified under Sec. 26, par. 2, Art. VI
of the Constitution and shall become law upon
Congress shall by law its approval on third reading by Congress.
provide for the manner Appropriations for said special electi

in which one who is to appropriations
act as President shall be 4. be charged against any current — Shall
selected until a and shall be exempt from the requirements of,
President or a Vice- Sec. 25, par. 4, Art. VI of the Constitution.
President shall have The convening of Congress and the special

qualified, in case of election
death, permanent 5. — cannot be suspended or postponed
disability or inability of
the officials. 6. No special election shall be called — If the

vacancy occurs within eighteen (18) months
13
POLITICAL LAW
before the date of the next presidential 166910, October 19, 2010)
elections.
v. Toll Regulatory Board, G.R. Nos.
(1987 Constitution, Art. VII, Sec. 11) 3. Earliest opportunity– Constitutional question
Instances when there is presidential inability
must be raised at the earliest possible
to discharge powers and duties of his office
opportunity.
INSTANCE CONSEQUENCE
4. questions – As long as there are other bases
Necessity of deciding constitut onal
which courts can use for decision,

Senate constitutionality of the law will not be touched,
President thus, courts should refrain from resolving any
When the President The powers and unless
transmits to the duties of his office lis mota
Speak r of the HoR Vice- constitutional issue "
the constitutional
and to the shall be discharged
written declaration President Acting question is the of the case."
that he is the powers . 1. Checking – Invalidating a law or executive act
his by the Functions of judicial review
unable to President as
and duties of his office. Legitimizing
that is found to be contrary to the Constitution.
discharge
Vice-President 2. – Upholding the validity of the law
that results from a mere dismissal of a case
the members of the shall immediately challenging the validity of the law.
When a majority of all The Symb
Senate President 3. – To educate the bench and bar as to the

Cabinet transmit to the assume the powers public
Speaker of the HoR Acting controlling principles and concepts on matters of

and to and duties of the (Dumlao v. COMELEC,
written President grave importance for the guidance of, and

the office as G.R. No. L-52245, January 22, 1980)
declaration restraint upon the future.
their unable to .
President is that the Judicial review of the SC on findings of facts of
and duties of his office . GR:
discharge the powers administrative tribunals and trial courts
NOTE: ea sume The SC will not disturb the findings of facts of
administrative tribunals and the trial courts.

The President can power and XPN:
duties of his office once he transmits to the Senate

declaration that no inability exists.
The SC may review findings of facts of the
President and to the Speaker of the HoR his lower courts
written
JUDICIAL DEPARTMENT POLITICAL QUESTION DOCTRINE
JUDICIAL POWER Effect of the expanded definition of judicial

power on the political question doctrine (1995,
1. Actual case or Controversy– It involves a The 1987 Constitution expands the concept of
Requisites of judicial review (APEN) 1997, 2004 Bar)
conflict of legal rights, assertion of opposite judicial review. Under the expanded definition, the
legal claims susceptible of legal resolution. It Court cannot agree that the issue involved is a
must be both ripe for resolution and political question beyond the jurisdiction of the
susceptible of judicial determination, and that court to review. When the grant of power is
which is not conjectural or anticipatory, or that qualified, conditional or subject to limitations, the
which seeks to resolve hypothetical or feigned issue of whether the prescribed qualifications or
Proper party conditions have been met or the limitations
constitutional problems.
2. – One who has sustained or is in respected is justiciable—the problem being one of
(People v. Vera, legality or validity, not its wisdom. Moreover, the
immediate danger of sustaining an injury as a

G.R. No. 45685November 16, 1937)
jurisdiction to delimit constitutional boundaries has
result of the act complained of. been given to the SC. When political questions are
involved, the Constitution limits the delimitation as
To have standing, one must show that: to whether or not there has been a grave abuse of
discretion amounting to lack or excess of
1. He has suffered some actual or jurisdiction on the part of the official whose action
threatened injury as a result of the is being questioned.
allegedly illegal conduct of the
government;
2. The injury is fairly traceable to the
challenged action; and MOOT QUESTIONS

3. The injury is likely to be redressed by a
favorable action. Moot and academic
(Francisco, Jr. & Hizon

It is moot and academic when it ceases to present a POWER OF JBC
justiciable controversy by virtue of supervening Functions of the JBC (2000 Bar)

events so that a declaration thereon would be of no
practical use or value.

Court actions over moot and academic cases The principal function of the JBC is to recommend
GR: appointees to the judiciary. It may, however,
(1987 Constitution, Art. VIII, Sec. 8)
The courts should decline jurisdiction over such exercise such functions as the SC may assign to it.
cases or dismiss it on ground of mootness. NOTE:

XPNs: (GPFR) The duty of the JBC to submit a list of
ministerial
1. G nominees before the start of the President’s
mandatory 90-day period to appoint is ,
2. There is a rave violation of the Constitution. but its selection of the candidates whose names will
(De Castro v. JBC,
P be in the list to be submitted to the President lies
There is an exceptional character of the G.R. No. 191002, March 17, 2010)
situation and the aramount public interest is within the discretion of the JBC.
MEMBERS OF JUDICIARY
3. involved.
F
When the constitutional issue raised requires SC (1987

ormulation of controlling principles to guide 1. Vacanci es in the should be filled within 90
Constitution, Art. VIII, Sec. 4(1))

the bench, the bar, and the public. days from the occurrence of the vacancy.
4. R lower courts
(David v. Macapagal-Arroyo, G.R. No.
The case is capable of epetition yet evading

2. Vacancies in should be filled
171396, May 3, 2006; Republic v. Principalia
review. within 90 days from submission to the
Management, G.R. No. 198426, September 2, 3. President of the JBC list.

2015)
exception
The filling of the vacancy in the Supreme Court
within the 90-day period is an to the

OPERATIVE FACT DOCTRINE prohibition on midnight appointments of the
president.
Tenure of the members of the SC and judges

Under this doctrine, the law is recognized as (1993, 1996, 2000 Bar)
unconstitutional but the effects of the
unconstitutional law, prior to its declaration of

(League of Cities v.
nullity, may be left undisturbed as a matter of equity Members of the SC and judges of lower courts can
COMELEC, G.R. No. 176951, November 18, 2008)
and fair play. It is a rule of equity. hold office during good behavior until:
NOTE: 1. The age of 70 years old; or
2. They become incapacitated to discharge their

The invocation of this doctrine is an duties.
admission that the law is unconstitutional. Further,
as an exception to the general rule, the doctrine only WORKINGS OF THE SUPREME COURT
applies as a matter of equity and fair play.
SAFEGUARDS OF JUDICIAL INDEPENDENCE EN BANC DECISIONS
Q: What do you understand by the mandate of Cases that should be heard by the SC en banc
the Constitution that the judiciary shall enjoy (TRuP-DE-PreJ)
fiscal autonomy? Cite the constitutional 1.
provisions calculated to bring about the T
realization of the said constitutional mandate.
All cases involving the constitutionality of a
(1999 BAR) reaty, international or executive agreem ent,
or law; Ru
Sec ion 3, Article VIII of the Constitution en banc
A: 2. All cases which under the les of Court may
Under , be required to be heard ; P
3. All cases involving the constitutionality,

the fiscal autonomy of the Judiciary means that application or operation of residential
appropriations for the Judiciary may not be reduced decrees, proclamations, orders, instructions,
by the legislature below the amount appropriated D
Bengzon v. ordinances, and other regulations;
for the previous year and, after approval, shall be

Drilon, 208 SCRA 133
4. Cases heard by a ivision when the required
automatically and regularly released. In majority in the division is not obtained;
, the Supreme Court explained Pre
5. Cases where the SC modifies or reverses a

that fiscal autonomy contemplates a guarantee of en banc
doctrine or principle of law viously laid

full flexibility to allocate and utilize resources with either or in division;
the wisdom and dispatch that the needs require. It 6. Administrative J cases involving the discipline
recognizes the power and authority to deny, assess E
or dismissal of udges of lower courts;

and collect fees, fix rates of compensation not 7. lection contests for president or vice-
exceeding the highest rates authorized by law for president.
compensation and pay plans of the government and
allocate and disburse such sums as may be provided PROCEDURAL RULE-MAKING POWER
by law or prescribed by it in the course of the
discharge of its functions.
15
Scope of the rule-making power of the SC. (1991,
2000, 2008, 2009, 2013, 2014, 2015 Bar) or the Rules of Court may provide, final judgments
and orders of lower courts in:
1. The protection and enforcement of

constitutional rights 1. All cases in which the constitutionality or
2. Pleadings, practice and procedure in all courts validity of any treaty, international or
3. Admission to the practice of law executive agreement, law, presidential decree,
4. The Integrated Bar proclamation, order, instruction, ordinance, or
5. Legal assistance to the underprivileged regulation is in question.
Limitations on its rule making power 2. All cases involving the legality of any tax,
1. impost, assessment, or toll, or any penalty
It should provide a simplified and inexpensive imposed in relation thereto.

2. procedure for the speedy disposition of cases.
It should be uniform for all courts of the same 3. All cases in which the jurisdiction of any lower
3. grade. court is in issue.
It should not diminish, increase, or modify
4. All criminal cases in which the penalty
substantive rights. imposed is reclusion perpetua or higher.

Requirements for the decisions of the SC 5.
[1987 Constitution, Art VIII, Sec.
NOTE: All cases in which only an error or question of
5(2)]
No decision shall be rendered by any court law is involved.
(1987
without expressing therein clearly and distinctly the
Constitution, Art. VIII, Sec. 13)

facts and the law on which it is based. CONSTITUTIONAL COMMISSIONS
The authority vested in the Congress and

COMMON PROVISIONS
Supreme Court is separate and distinct
Independent Constitutional Commissions:
CONGRESS SUPREME COURT 1. Civil Service Commission (CSC)
2. Commission on Elections (COMELEC)
3. Commission on Audit (CoA)

Authority to define, Power to promulgate Guarantees of independence provided for by the
prescribe, and rules of pleading, Constitution to the 3 Commissions
apportion the
[1987
(1987 Constitution, Art. VIII,
jurisdiction of the procedure.

Constitution, Art. VIII,
various courts.
Sec. 5(5)]
Sec. 2) 1. They are constitutionally-created; may not be
(1987 Constitution, Art. IX-A, Sec. 1)
abolished by statute of its judicial functions.
2. Each is conferred certain powers and

(1987 Constitution, Art. IX-B, C and D)
3. functions which cannot be reduced by statute.

(1987
Authority to create (1987 Co stitution, Art. IX-A, Sec. 1)
Constitution, Art. VIII, Each is expressly described as independent.
statutory courts. 4.
Sec. 1) [1987 Constitution,
Chairmen and members are given long terms
Art. IX-B, C D, Sec. 1(2)]
of office for seven (7) years.

(1987 Constitution,
5. Chairmen and members cannot be removed

Art. XI, Sec . 2)
NOTE:
except by impeachment.
Albeit operatively interrelated, these powers 6. Chairmen and members may not be
are institutionally separate and distinct, each to be [1987 Constitution, Art. IX-B, C and D,
reappointed or appointed in an acting

preserved under its own sphere of authority. When c. 1(2)]
Congress creates a court and delimits its capacity.

jurisdiction, it is the Court which fixes the procedure 7. Salaries of chairmen and members are
through the rules it promulgates. (1987
relatively high and may not be decreased
nstitut , Art. IX-A, Sec. 3; Art. XVIII, Sec. 17)
8. during continuance in office. (1987

ORIGINAL AND APPELLATE JURISDICTION Constitution, Art. IX-A, Sec. 5)
9. Commissions enjoy fiscal autonomy.

Original and appellate jurisdiction of the SC
(1994, 1995, 1996, 2000, 2004, 2006 Bar)
Each commission may promulgate its own
procedural rules, provided they do not
diminish, increase or modify substantive

(1987 Constitution, Art. IX-A,
rights [though subject to disapproval by the

The Supreme Court has the power to review, revise, Sec. 7)
reverse, or affirm on appeal or certiorari, as the law Supreme Court].

10. Chairmen and members are subject to certain

(1987 Constitution,
disqualifications and inhibitions calculated to A. Chairman

Art. IX-A, Sec. 2)
strengthen their integrity. B. Two (2) Commissioners
11. Commissions may appoint their own officials Qualifications

(1987 Constitution, Art. IX-A, Sec.
and employees in accordance with Civil

4)
Service Law. 1. Natural-born citizen;

2. At least 35 years old at the time of
POWERS AND FUNCTIONS OF THE CSC, appointment;

COMELEC, AND COA 3. Must have proven capacity for public
administration; and
Decision-making process in these Commissions 4. Must not have been candidates for any elective
position in the elections immediately
preceding their appointment.

1. The CSC, COMELEC, and CoA shall decide matter COMMISSION ON ELECTIONS
(Sec. 7
or cases by a majority vote of all the members
Art. IX-A) Composition of the COMELEC
within sixty (60) days from submission.
a. COMELEC may sit en banc or in 2 divisions.

b. Election cases, including pre- C. Chairman
proclamation controversies are decided in D. Six (6) Commissioners
en banc. Qualifications
division, with motions for reconsideration

filed with the COMELEC
c. The SC has held that a majority decision 5. Natural-born citizen;

decided by a division of the COMELEC is a
valid decision. 6. At least 35 years old at the time of

NOTE: appointment;
Pursuant to COMELEC Rules of Procedure, 7. College degree holder; and
8. Not a candidate in any election immediately
when the COMELEC en banc is equally divided in an
opinion and cannot have the required majority, preceding the appointment.
rehearing shall be done. If rehearing is originally NOTE: Majority of the members, including the
commenced in the Commission and no majority Chairman, shall be members of the Philippine Bar
decision is reached, rehearing shall be dismissed. In [1987 Constitution, Art. IX-C, Sec
who have been engaged in the practice of law for at
appealed cases, the judgment or order appealed 1(1)]
(Mamerto least ten years.
from shall stand affirmed and the petition or motion

Sevilla v. COMELEC, G.R. No. 202833, March 19, 2013)
on all incidental matters shall be denied. COMMISSION ON AUDIT
2. As collegial bodies, each Commission must act Composition of the COA

as one, and no one member can decide a case for
the entire commission. A. Chairman

3. Any decision, order or ruling of each B. Two (2) Commissioners
Commission may be brought to the SC on Qualifications

certiorari by the aggrieved party within thirty
(30) days from receipt of a copy thereof.
N T: When the Court reviews a decision of the 1. Natural-born citizen;

COMELEC, it exercises extraordinary jurisdiction 2. At least 35 years old at the time of
thus, the proceeding is limited to issues involving appointment;
grave abuse of discretion resulting in lack or excess 3. Certified Public Accountant with not less than
(Aratuc v. COMELEC, G.R. No. L-49705- ten years of auditing experience, or member of
of jurisdiction and not factual findings of the
09, February 8, 1979)
the Philippine Bar who has been engaged in
Commission. the practice of law; and
4. Not a candidate in any election immediately
preceding the appointment.
The appropriate remedy to invalidate disputed NOTE:
COMELEC resolutions (i.e. final orders, rulings and [1987

At no time shall all Members of the
decisions of the COMELEC rendered in the exercise Constitution, Art. IX-D, Sec 1(1)]
of its adjudicatory or quasi-judicial powers) is Commission belong to the same profession.

(Loong v. COMELEC, G.R. No. 93986, December 22,
certiorari under Rule 65 of the Rules of Court. PROHIBITED OFFICES & INTERESTS
1992)
AND QUALIFICATIONS OF
COMPOSITION MEMBERS
No member of a Constitutional Commission shall,
during his tenure:
CIVIL SERVICE COMMISSION 1. Hold any other office or employment
2. Engage in the practice of any profession
Composition of the CSC 3. Engage in the active management and control

of any business which in any way may be
affected by the function of his office
17
Extent of
4. Be financially interested, directly or indirectly, Power
in any contract with, or in any franchise or liberty

privilege granted by the Government, any of its and Affects only property
(1998, rights
subdivisions, agencies or instrumentalities, property
2015 Bar)
Purpose
including GOCCs or their subsidiaries. as to
property
ORDERS, RESOLUTIONS, AND
REVIEW OF FINAL DECISIONS
taken Property Property is taken For
taken is public use
destroyed
Supreme Court’s jurisdiction over decisions of Authority
the Commissions
COA
exercised
1. : Judgments or final orders of the Commission Exercised only by the by
on Audit may be brought by an aggrieved party to government private
the Supreme Court on certiorari under Rule 65. Only Compens entities
when COA acts without or in excess of jurisdiction, ation

or with grave abuse of discretion amounting to lack
or excess of jurisdiction, may the SC entertain a altruistic and public market
CSC feeling improve value
of
petition for certiorari under Rule 65.
2. : In the case of decisions of the CSC, that one ments the
Administrative Circular 1- 95538 which took effect has property
on June 1, 1995, provides that final resolutions of contribute expro-
the CSC shall be appealable by certiorari to the CA d to the priated
within 15 days from receipt of a copy thereof. From public
the decision of the CA, the party adversely affected good/
thereby shall file a petition for review on certiorari general
welfare
COMELEC
under Rule 45 of the Rules of Court.
Nature of
3. : Only decisions of COMELEC en banc the
may be brought to the Court by certiorari since Art. property

IX-C provides that motions for reconsideration of taken is noxious
(Reyes v. Mindoro, G.R. No. 108886, May 5, or
decisions shall be decided by the Commission en
1995).
intended
banc for a
Certiorari jurisdiction of the SC over the noxious Property is wholesome

purpose
Constitutional Commissi ns Benefits

Received
by
and value of equivale
Proceedings are limited to issues involving grave persons immediate property nt of the
abuse of discretion resulting in lack or excess of affected benefit, taken tax in
jurisdiction and do not ordinarily empower the only what form of
(Aratuc v. COMELEC, G.R. No. L49705-
Court to review the factual findings of the may arise protectio
09, February 8, 1979)
Commissions. from n and
maintenan benefits
BILL OF RIGHTS ce of a from
healthy govern-
FUNDAMENTAL POWERS OF THE STATE economic me nt
standard
of society
1. Police Power
2. Power of Eminent Domain POLICE POWER
3. Power of Taxation
These belong to the very essence of government, Q: Who may ex rcise police power?
without which no government can exist; a
constitution does not grant such powers to (Philippine of
It is vested in the Legislature and may be delegated,
government; a constitution can only define and Service Exporters v. Drilon, G.R. No. 81958, 1988
delimit them and allocate their exercise among within limits, to local governments. ).
various government agencies.

Police Power vs.Taxation vs. Eminent Domain What are the requisites for the valid exercise of
police power by the delegate
BASIS POLICE TAXATIO EMINENT

POWER N DOMAIN 1. Express grant by law;
GR:
2. Must not be contrary to law; and
3. Within territorial limits of LGUs.

: When exercised to protect water supply. (increase in the value of other interests attributed
P.2d 632, August 18, 1966) NOTE: tonew use of the former property).
XPN
(Wilson v. City of Mountain Lake Terraces, 417
To be just, the compensation must be paid on

(2009 Bar)
EMINENT DOMAIN time.
TAXATION
Conditions for the exercise of the Power of
2. U
Enforced proportional contributions from persons
Eminent Domain (TUCO) Taxes
aking of private property;

3. C
and property levied by the State by virtue of its
For public se;
1. T
4. O
sovereignty for the support of the government and
Just ompensation; and for public needs.
bservance of due process. Tax vs. License fee
NOTE: There must be a valid offer to buy the TAX LICENSE FEE
propertyand refusal of said offer.

Requisites before an LGU canexercise Eminent of the taxing the police power of the
Domain power. state.
1. An ordinance is enacted by the local legislative
council authorizing the local chief executive, in

behalf of the LGU, to exercise the power of
eminent domain or pursue expropriation the tax is to for regulatory purposes
proceedings over a particular private property; generate which means that it must
2. The power of eminent domain is exercised for revenues. only be of sufficient
public use, purpose or welfare, or for the benefit amount to include
of the poor and the landless; expenses in issuing a
3. There is payment of just compensation; and license, cost of necessary
4. A valid and definite offer has been previously inspection or police
made to the owner of the property sought to be surveillance, etc.
expropriated, but said offer was not accepted.

( purpose is to purpose. The fact that
) generate revenue, incidental revenue is also
Municipality of Paranaque v. V.M. Realty Corp.,
Expansive c ncept of “Public Use” and regulation is obtained does not make
292 SCRA 678, July 20, 1998
merely incidental. the imposition a tax.

Public use does not necessarily mean “use by the NOTE:
public at large.” Whatever may be beneficially

employed for the general welfare satisfies the Ordinarily, license fees are in the nature of
requirement. Moreover, that only few people the exercise of police power because they are in the
benefit from the expropriation does not diminish its form of regulation by the State and considered as a
public-use character because the notion of public manner of paying off administration costs.
(Manosca v. CA, G.R. However, if the license fee is higher than the cost of
use now includes the broader notion of indirect (Ermita-Malate Hotel v. City Mayor of Manila, G.R. No.
166440, Jan. 29, 1996). regulating, then it becomes a form of taxation.
public benefit or advantage L-24693, October 23, 1967)

C of
The concept of Vicarious Benefit abandons the Q: May the Bill of Rights be invoked against
traditional concept of public purpose, the essence of private individuals?
which is the number of actual beneficiaries. Public PRIVATE ACTS AND THE BILL OF RIGHTS
use now includes the broader notion of indirect A: NO
public advantage, i.e. conversion of a slum area into
a model housing community, urban land reform and . The Bill of Rights cannot be invoked against
(Filstream International Incorporated vs. CA, private individuals. In the absence of governmental
housing. There is a vicarious advantage to the

G.R. Nos. 125218 & 128077, January 23, 1998).
interference, the liberties guaranteed by the
society Constitution cannot be invoked. Put differently, the
Just Compensation Bill of Rights is not meant to be invoked against acts
of private individuals.
(Yrasegui v. PAL,G.R. No.
It is the full and fair equivalent of the property taken RIGHTS TO LIFE, LIBERTY, AND PROPERTY
168081, Oct. 17, 2008)

from the private owner (owner’s loss) by the Due process clause (1992, 1999, 2007, 2009
expropriator. It is usually the fair market value Bar)

(FMV) of the property and must include
consequential damages (damages to the other
interest of the owner attributed to the No person shall be deprived of life, liberty, or
expropriation) minus consequential benefits property without due process of law, nor shall any
19
POLITICAL LAW
person be denied the equal protection of the laws.
contested the dismissal as being violative of
(1987 Constitution, Art. III, Sec. 1) his right to due process.
Was the dismissal of Cudia a denial of his right to

PROCEDURAL AND SUBSTANTIVE DUE PROCESS
due process?
Due process in disciplinary cases involving
studentsNO. does not entail proceedings and
SUBSTANTIVE hearings similar to those prescribed for actions
PROCEDURAL
DUE PROCESS and proceedings in courts of justice; that the
DUE PROCESS
proceedings may be summary; that cross-
examination is not an essential part of the
restriction on restriction on
investigation or hearing; and that the required
Purpose the actions of
government’s proof in a student
judicial disciplinary action, which and is
law and an administrative case, is neither proof beyond
rule- quasi-judicial
making powers. reasonable agencies
doubt ofnor the preponderance of
evidence but only substantial evidence or “such
1. relevant evidence as a reasonable mind might
government.
accept as adequate to support a conclusion.”
of the public
What is crucialcourt
is that official action mustor meet
in general, as tribunal
minimum standards of fairness to the individual,
distinguished clothed with
from those of which generally judicialencompass the right of
a particularnotice
adequate power
and a meaningful opportunity to
class, require It is not hear
required that procedural due and be
process
to be heard.
the afforded at determineevery stage of developing
intervention the matters
disciplinary action. What is required is that an
2. of the state. before it.
The adequate
meanshearing be held before the final act of
2. Jurisdiction
employed are dismissal. (Cudia properly
v. Superintendent of the PMA,
reasonably acquired
G.R. No. 211362, February 24, 2015)
Requisites necessary for over the
the person of the
VOID-FOR-VAGUENESS DOCTRINE
accomplishm defendant
ent of the and
Discuss the Void-for-vagueness over
doctrine (2010,
purpose 2014 and property
A lawBAR)
is vague when it lacks comprehensive
not unduly which is the
standards that men of common intelligence must
oppressive subject
necessarily guess at its common meaning and differ
upon matter of the
as to its application. In such instance, the statute is
individuals. proceeding.
repugnant to the Constitution because it violates
3. Opportunity
due process for to failure to accord persons, especially
be heard.
the parties targeted
4. Judgment by it, fair notice of what
conduct to avoid renderedit leaves law enforcers an
and
unbridled discretion
upon in carrying lawfulout its
provisions(People v.
hearing de la Piedra, G.R. No. 128777,
and
Jan. 24, 2001) .Itbased
must be stressed, however, that on the
"vagueness" doctrine
evidence merely requires a reasonable
degree of certainty for the statute to be upheld - not
adduced.
absolute precision or mathematical exactitude. The
Q: Cadet 1CL Cudia was a member of Siklab Diwa Class doctrine can only be invoked against that species of
of 2014 of the PMA. Prof. Berong issued a Delinquency legislation that is utterly vague on its face, i.e., that
Report (DR) against Cadet 1CL Cudia because he was late which cannot be clarified either by a saving clause
for two minutes in his class. Cudia reasoned out that: “I or by construction (Estrada v. Sandiganbayan, G.R.
came directly from OR432 Class. We were dismissed a bit No.
late by our instructor Sir.” May the void-for-vagueness doctrine be invoked against a
in
crim The
al statute?
test determining whether a criminal
The Company Tactical Officer (CTO) of Cadet YESstatute. is void for uncertainty is whether the
1CL Cudia penalized him with demerits. Cudia
language conveys a sufficiently definite warning as to
addressed his Request for Reconsideration to
his Senior Tactical Officer (STO), but the STO the proscribed conduct when measured by common
sustained the penalty. The CTO reported him to understanding and practice. However, the void-for-
the PMA Honors Committee (HC) for violation vagueness doctrine cannot be used to impugn the
of the Honor Code. When the members of the validity of a criminal statute using “facial challenge”
HC casted their votes through secret balloting, but it may be used to invalidate a
the result was 8-1 in favor of a guilty verdict.
After further deliberation, the Presiding Officer
announced the 9-0 guilty verdict. Cudia
UST LAW BAR OPERATIONS

criminal statute “as applied” to a particular
defendant.
Compare and contrast “overbreadth doctrine” classifications in classifications
from “void-for-vagueness” doctrine. (2010 BAR) general, such as those affecting fundamental
pertaining to rights or suspect
economic or social classes.

While the overbreadth doctrine decrees that a legislation, which do
governmental purpose may not be achieved by not affect fundamental
means in a statute which sweep unnecessary rights of suspect
broadly and thereby invades the area of protected classes; or is not based
freedom. A statute is void for vagueness when it on gender or
forbids or requires the doing of an act in terms so illegitimacy.
vague that men of common intelligence cannot

(Estrada v. Sandiganbayan, G.R. No.
necessarily guess at its meaning and differ as to its

must be legitimate. must be compelling.
148560, November 19, 2001).
application
HEIRARCHY OF RIGHTS rationally related to necessary and
What do you understand by the term "hierarchy the legislative narrowly tailored to
of civil liberties"? Explain. (2012 BAR) purpose. achieve the legislative
purpose.
(Central Bank Employees Association Inc. v. BSP, GR.

No. 148208, December 15, 2004)
The hierarchy of civil liberties means that freedom
(Philippine Blooming
of expression and the rights of peaceful assembly I

Mills v. Philippine Blooming Mills, 51 SCRA 189).
are superior to property rights 3. ntermediate Scrutiny Test –It requires that the
EQUAL PROTECTION OF THE LAWS classification (means) must serve an important
governmental objective (ends) and is substantially
REQUISITES FOR VALID CLASSIFICATION

related to the achievement of such objective. A
(SEx-GAp)
classification based on sex is the best-established
example of an intermediate level of review (Ibid).
SEARCHES AND SEIZURES

S EX
1. Rest on ubstantial distinctions;
2. NotG be li mited to isting conditions only;

REQUISITES FOR A VALID WARRANT
Ap
Be
3. ermane to the purpose of the law; and (Pro -DOJ)

(People v. Cayat, GR. No. L-45987, May 5, 1939).
4. ply equally to all members of the same class 1.

P
It
RATIONAL BASIS, STRICT SCRUTINY, AND must be issued upon determination of

INTERMEDIATE SCRUTINY TEST 2. J robable cause;
The probable cause must be determined by the
Tests in determining compliance with the equal udge himself and not by the applicant or any
protection clause (2015 Bar) (RaISIn) 3. other person; O
In the determination of probable cause, the
Ra judge must examine, under ath or affirmation,

the complainant and such witnesses as the
1. tional Basis Test – The traditional test, which 4. latter may produce; and D
requires "only that government must not impose The warrant issued must particularly escribe
differences in treatment except upon some HPS Software and Communication
the place to be searched and persons and things

reasonable differentiation fairly related to the Corporation and Yap v. PLDT, G.R. Nos. 170217
to be seized. (
object of regulation." Simply put, it merely demands and 170694, December 10, 2012)
(Concurring
that the classification in the statute reasonably
Opinion of Justice Leonardo -De Castro in Garcia v.
relates to the legislative purpose

Drilon, G.R. No. 179267, June 25, 2013).
NOTE: Stonehill v.
S General warrant is not allowed. It must be

Diokno, G.R. No. L-19550, June 19, 1967).
2. trict Scrutiny Test – Refers to the standard for issued pursuant to a specific offense (
de t ermining the quality and the amount of
governmental interest brought to justify the Niño was charged and convicted for the crime of
regulation of fundamental freedoms. Strict scrutiny illegal sale of dangerous drugs. PO2 Oruga., the
is used today to test the validity of laws dealing with poseur buyer failed to strictly follow the
the regulation of speech, gender, or race as well as procedure in handling the seized drugs in order
(White Light
other fundamental rights as expansion from its to preserve their integrity and evidentiary
Corporation vs. City of Manila, G.R. No. 122846, Jan.
earlier applications to equal protection value. RA 10640 provides that non-compliance
20, 2009).
with the requirements of Section 21 of RA 9165
- under justifiable grounds - will not render void
Rational Basis Test vs. Strict Scrutiny
and invalid the seizure and custody over the
seized items so long as the integrity and

RATIONAL BASIS STRICT SCRUTINY
evidentiary value of the seized items are
TEST
properly preserved by the apprehending officer
or team. However, despite the non-observance
21
POLITICAL LAW
officer’s flimsy excuse does not justify a deviation
from the required witness rule. Hence, the Court is
of these requirements, the prosecution did not impelled to conclude that the integrity and
even proffer a plausible explanation therefor. evidentiary value of the items purportedly seized
Should Niño’s conviction be upheld?
NO. The failure to strictly comply with the from Maricel – which constitute the of the crimes
procedure laid out in Section 21 of Republic Act charged – have beencorpuscompromiseddelicti
(RA) No. 9165 and IRR does not ipso facto render
(PEOPLE V. PATACSIL, G. R. NO. 234052, AUGUST 6, 2018, PERLAS-
the seizure and custody over the items as void BERNABE, J.).
and invalid, provided that the prosecution The failure of the apprehending team to
satisfactorily proves that: (a) there is justifiable NOTE:strictly comply with the procedure laid out
ground for noncompliance; and (b) the integrity in Section 21, Article II of RA 9165 and its IRR does
and evidentiary value of the seized items are
not ipso facto render the seizure and custody over
properly preserved. Court explained that for such
the items as void and invalid, provided that the
to apply, the prosecution must explain the
reasons behind the procedural lapses, and that prosecution satisfactorily proves that: (a) there is
the integrity and value of the seized evidence had justifiable ground for non-compliance; and (b) the
nonetheless been preserved (PEOPLE V. CALIBOD, integrity and evidentiary value of the seized items
G.R. NO. 230230,
NOVEMBER 20, 2017, PERLAS-BERNABE, J.) are properly preserved (Ibid).
One day a passenger bus conductor found a man's
WARRANTLESS SEARCHES AND SEIZURES handbag left in the bus. When the conductor
opened the bag, he found inside a calling card with
the owner’s name (Dante Galang) and address, a
Instances of a valid warrantless search (2000,
few hundred-peso bills, and a small plastic bag
2009,
1. 2015
Visual Bar)is made of moving vehicles at
search containing a white powdery substance. He brought
the powdery substance to the National Bureau of
checkpoints;
2. Search is an incident to a valid Investigation for laboratory examination and it
1. Search of passengers made in was determined to be methamphetamine
arrest;
2. When things seized are within plain view of a hydrochloride or shabu, a prohibited drug. Dante
airports; Galang was subsequently traced and found and
searching
3. party
Stop and frisk (precedes(PlainViewan brought to the NBI Office where he admitted
4. When there is a valid express waiver made
arrest);Doctrine); ownership of the handbag and its contents. In the
course of the interrogation by NBI agents, and
voluntarily and intelligently; without the presence and assistance of counsel,
Galang was made to sign a receipt for the plastic
: Consent to a search is not to be lightly bag and its shabu contents. Galang was charged
with illegal possession of prohibited drugs and was
inferred,NOTE but shown by clear and
convicted. On appeal he contends that - The plastic
convincing evidence. Consent must also be bag and its contents are inadmissible in evidence
voluntary in order to validate an otherwise being the product of an illegal search and seizure.
specific, Decide the case with reasons. (2002 BAR)
illegal search;intelligently given, mustand
that is, the consent be
uncontaminated
unequivocal, by any duress or coercion. The plastic bag and its contents are admissible in
[Caballes v CA, 373 SCRA 221 (2002)] (2015 evidence, since it was not the National Bureau of
Investigation but the bus conductor who opened
Bar) search; and
5. Customs
the bag and brought it to the National Bureau of
6. Exigent and emergency circumstances. (People
Investigation. As held in People v. Marti, 193 SCRA
v. De Gracia, 233 SCRA 716, July 6, 1994) 57 (1991), the constitutional right against
unreasonable search and seizure is a restraint
Maricel was arrested by the police during a buy- upon the government. It does not apply so as to
bust operation. She was charged with illegal require exclusion of evidence which came into the
possession of dangerous drugs and illegal sale possession of the Government through a search
thereof. The inventory receipt of the police officer made by a private citizen.
was not signed by a media or any public officer. The When can evidence "in plain view" be seized without
police officer who conducted the inventory admitted need of a search warrant? Explain. (2012 BAR) (I-
JAVa)
that media representatives were present but he
Evidence in plain view can be seized without need
forgot to let them sign the inventory receipt. Maricel
claims that the evidence against her is inadmissible. of a search warrant if the following elements are
contention table? present:
Is Maricel’s YES.Theabsence ofthese
1. There was a prior lid intrusion based on the
required witnesses does not per se render the
confiscated items inadmissible. However, a justifiable
reason for such failure or a showing of any genuine and valid warrantless VAarrest in which the police
sufficient effort to secure the required witnesses must
therefore be adduced. In this case, the police
were legally present pursuant of their duties;

2. The evidence was I nadvertently discovered by XPNs:

the police who had the right to be where they 2.
3. were; A 1. By lawful order of the court; and
The evidence must be immediately pparent; Public safety or public order as prescribed by
4. J 3. law.
and (Del Rosario vs. People, NOTE:
Plain view ustified seizure of the evidence
G.R. No. 142295, May 31, 2001). Any evidence in violation of this right or the
without further search right against unreasonable searches and seizures
Stop-and-frisk search (2009, 2012 Bar) shall be inadmissible for any purpose in any
INTRUSION, WHEN ALLOWED; EXCLUSIONARY
Limited protective search of outer clothing for proceedings. RULE
weapons. Probable cause is not required but a What is the exclusionary rule?
genuine reason must exist in light of a police

officer’s experience and surrounding conditions to
(Malacat v. CA, G.R. No. 123595,
warrant the belief that the person detained has

December 12, 1997) .
Any evidence obtained in violation of the
weapons concealed proscription against warrantless searches and
ADMINISTRATIVE ARREST seizure shall be inadmissible for any purpose in any
proceeding. However, in the absence of
governmental interference, the protection against
unreasonable search and seizure cannot be

There is an administrative arrest when there is an (People v. Marti, supra.).
arrest as an incident to a deportation proceeding. extended to acts committed by private individuals

Power of the Commissioner of Immigration
Q: Can the exclusionary rule be applied as
against private individuals who violate the right
The Commissioner of Immigration is also given, by to privacy?
legislative delegation, the power to issue warrants Yes.
of arrests.
NOTE:
A: Although generally, the Bill of Rights can
only be invoked against violations of the
Sec. 2, Art. III of the Constitution does not government, the Court has recognized an instance
require judicial intervention in the execution of a where it may also be applied as against a private
final order of deportation issued in accordance with individual.
law. The constitutional limitation contemplates an
order of arrest in the exercise of judicial power as a Letters of a husband’s paramour kept inside the
step preliminary or incidental to prosecution or husband’s drawer, presented by the wife in the
proceedings for a given offense or administrative proceeding for legal separation, is not admissible in
action, not as a measure indispensable to carry out evidence The reason is that marriage does not
a valid decision by a competent official, such as a Zulueta v. CA G.R. No. 107383,
divest one of his/her right to privacy of
legal order of deportation, issued by the February 20, 1996

Morano v. Vivo, G.R. No. L-22196, communication ( ,
Commissioner of Immigration, in pursuance of a
June 30, 1967) ).

valid legislation. ( FREEDOM OF SPEECH AND EXPRESSION
EVIDENCE OBTAINED THROUGH PURELY
MECHANICAL ACTS Limitations on f eedom of expr ssion
The constitutional right of an accused against self- It should be exercised within the bounds of laws
incrimination proscribes the use of physical or enacted for the promotion of social interests and the
moral compulsion to extort communications from protection of other equally important individual
Purely rights.
the accused and not the inclusion of his body in OTE
mechanical acts are not i clud in the
evidence when it may be material. : Obscenity is not protected expression

prohibition guiding
(Fernando v. CA, 510 SCRA 351, 2006).
as the accused doesnot thereby speak No law shall be passed abridging the freedom of
his guilt, hence the assistance and hand of speech, of expression, or of the press, or of the right
counsel is not required. The essence of the right Art. III, Sec. 4,
of the people peaceably to assemble and petition the
against self-incrimination is testimonial 1987 Philippine Constitution).
compulsion, that is, the giving of evidence against government for redress of grievances (
himself through a testimonial act. (Dela Cruz vs. Four aspects of freedom of speech and press
People G.R. No. 200748 July 23, 2014)

PRIVACY OF COMMUNICATION AND
CORRESPONDENCE 1. Freedom from censorship or prior restraint
Freedom from subsequent punishment to
PRIVATE AND PUBLIC COMMUNICATIONS 2. publication

Freedom of access to information regarding
GR: 1987 Philippine 3. matters of public inter st
Right to privacy of communication and
– Official papers,
Constitution, Sec. 3, Art. III).
correspondence is inviolable. ( reports and documents, unless held
confidential and secret by competent authority
in the public interest, are public records.
23
Freedom of circulation BASED AND CONTENT-NEUTRAL
4. – Refers to the CONTENT- REGULATIONS
unhampered distribution of newspapers CONTENT-NEUTRAL CONTENT-BASED

amongandotherthe generalmedia public.among customers and REGULATION RESTRAINT
NOTE: There need not be total suppression; even

PRIOR RESTRAINT AND SUBSEQUENT
restriction of circulation constitutes censorship. with the incidents of based on the subject
PUNISHMENT the speech, or one that matter of the
merely controls the utterance or speech.

Prior Restraint time, place or manner, The cast of the
and under well- restriction determines
Refers to the official government restrictions on the defined standards. the test by which the
Bernas, The challenged act is
press or other forms of expression in advance of
1987 Philippine Constitution A Comprehensive
assailed with.
actual publication or dissemination. (
Reviewer, 2006) unconstitutionality. of unconstitutionality.
NOTE: There need not be total suppression. NOTE: The burden of
Exceptions to the prohibition of prior restraint proof to overcome the

1. presumption of
2. Pornography; Junconstitutionality is
3. False or Misleading Advertisement; with the government.
Advocacy of Imminent Lawless Actions;
4. and Soriano v.
Laguardia, G.R. No. 165636, April 29, 2009
Intermediate and Present Danger.
Danger to National Security. ( ) Approach.
Near v. Minnesota, 283 US 697 (1931) adds the FACIAL CHALLENGE AND THE OVERBREADTH
following to the enumeration: DOCTRINE
1. When a nation is at war, many things that Fa ial Challenge (2015 Bar)
might be said in time of peace are such a
hindrance to its effort that their utterance A challenge to a statute in court, in which the
will not be endured so long as men fight and plaintiff alleges that the legislation is always, and
that no court could regard them as under all circumstances, unconstitutional, and
protected by any constitutional right; therefore void.
2. The primary requirements of decency may
be enforced against obscene publications;

and Facial challenge is allowed to be made to a vague
The security of community life may 3. be statute and to one which is overbroad because of
protected against incitements to acts of possible “chilling effect” upon protected speech. The
violence and the overthrow by force of theory is that “[w]hen statutes regulate or proscribe
orderly government. speech and no readily apparent construction
Two kinds of chilling effect suggests itself as a vehicle for rehabilitating the
statutes in a single prosecution, the transcendent
BENIGN CHILLING INVIDIOUS CHILLING value to all society of constitutionally protected

EFFECT EFFECT 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

narrow specifity.” (Estrada v. Sandiganbayan GR.
in 148560, November 19,2001)

statutes which are laws affecting free Ov Doctrine (2010, 2014 B r)
errorem
speech and accordingly
intended to have an
effect to imposes a penalty that is Overbreadth
prevent a repetition of so discouraging thus The Doctrine permits a party to

the offense and to deter impeding the exercise of challenge the validity of a statute even though as
criminality. The chilling speech and expression applied to him it is not unconstitutional but it might
effect is equated with altogether. (Separate

in terrorem be if applied to others not before the Court whose
and justified by the opinion of Justice Mendoza in Cruz v. Secretary of
activities are constitutionally protected

intended Environment and N tural Resources, GR. 135385,
effect of penal Dec. 6, 2000).
provisions. It is a type of facial challenge that
prohibits the government from achieving its
purpose by means that “sweep unnecessarily

broadly, reaching constitutionally protected as well long ago. A public trial is not synonymous with
DANGEROUS TENDENCY, BALANCING OF publicized trial; it only implies that the court doors
as unprotected activity.
INTERESTS, AND CLEAR AND PRESENT must be open to those who wish to come, sit in the
Secretary of
DANGER TESTS available seats, conduct themselves with proper

Justice v. Estrada, A.M. No. 01-4-03-SC, September 13,
decorum and observe the trial process (
2001).
Dangerous Tend ncy Test
In a constitutional sense, public trial is not
Question: Whether the speech restrained has a synonymous with publicized trial. The right to a
rational tendency to create the danger public trial belongs to the accused. The requirement
apprehended, be it far or remote, thus government of a public trial is satisfied by the opportunity of the
restriction would then be allowed. It is not public and press to attend the trial and to report
necessary though that evil is actually created for what they have observed. The accused’s right to a
mere tendency towards the evil is enough. public trial should not be confused with the freedom
Emphasis: Nature of the circumstances under which of the press and the public’s right to know as a
(Notice of Resolution, In Re: Petition for Radio
the speech is uttered, though the speech per se may justification for allowing the live broadcast of the
notbedangerous. and TV Coverage of cases against Zaldy Ampatuan,

Balancing ofinterest Test trial
A.M. No. 10-11-5-SC, October 23, 2012).

Question: Which of the two conflicting interests (not COMMERCIAL SPEECH
involving national security crimes) demands the
greater protection under the particular Commercial speech is communication which

circumstances presented: involves only the commercial interests of the
a. When particular conduct is regulated in the speaker and the audience, such as advertisements.
(Ayer Productions Pty., Ltd. v. Capulong
interest of public order Commercial speech is entitled to constitutional
G.R. Nos. L-82380 & L-82398, April 29, 1988).
b. And the regulation results in an indirect, protection
conditional and partial abridgement of speech
(Gonzales v. COMELEC, G.R. No. L-27833, April 18, Commercial speech may be required to be
1969). submitted to a governmental agency for review to

Clear and Present Danger Test (2014 Bar) (Pharmaceutical and Health Care
protest public interests by preventing false or

Association of the Philippines v. Duque, G.R. No.
deceptive claims
The question in every case is whether the words 173034, October 9, 2007).
used are used in such circumstances and are of UNPROTECTED SPEECH
such a nature as to create a clear and present

(Schenck
danger that they will bring about the substantive

v. United States, 249 U.S. 47, 1919).
evils that Congress has a right to prevent Unprotected speech or low value expression refers
STATE REGULATION OF DIFFERENT TYPES OF to libelous statements, obscenity or pornography,
MASS MEDIA
false or misleading advertisement, insulting or
fighting words. Those by which their very utterance
TYPES OF MASS MEDIA inflicts injury or tent to incite an immediate breach

(Soriano v. Laguardia, G.R. 164785, March
of peace and expression endangering nation
15, 2010)
Live Media Coverage of Court Proceedings security.
FREEDOM OF RELIGION
The propriety of granting or denying permission to Guarantees contained in Sec. 5 Art. III of the
the media to broadcast, record, or photograph court 1987 Con itution
proceedings involves weighing the constitutional
guarantees of freedom of the press, the right of the 1.

public to information and the right to public trial, on 2. Non- establishment clause; and
the one hand, and on the other hand, the due
NON-ESTABLISHMENT AND FREE EXERCISE
process rights of the defendant and the inherent and Free exercise clause.
constitutional power of the courts to control their CLAUSES

proceedings in order to permit the fair and
impartial administration of justice. Collaterally, it

also raises issues in the nature of media, particularly The non- establishment clause means that the state
(Political Law Reviewer,
television and its role in society, and of the impact should adopt a “position of neutrality” when it
Suarez, p. 252 citing CJ Fernando, 2011).
of new technologies on law. comes to religious matters The non-
An accused has a right to a public trial but it is a right establishment clause bars the State from
that belongs to him, more than anyone else, where establishing, through laws and rules, moral
his life or liberty can be held critically in balance. A standards according to a specific religion.
public trial aims to ensure that he is fairly dealt with Prohibitions against immorality should be based on
and would not be unjustly condemned and that his a purpose that is independent of religious beliefs.
rights are not compromised in secret conclaves of When it forms part of our laws, rules, and policies,
25
POLITICAL LAW
morality must be secular. Laws and rules of conduct Benevolent neutrality is an approach that looks
must be based on a secular purpose further than the secular purposes of government
action and exam ines the effect of these actions on
(Perfecto v.
Exceptions to the non-establishment clause religious exercise. Benevolent neutrality recognizes
Judge Esidera, A.M. No. RTJ-15-2417, July 22, 2015).
created by the Constitution the religious nature of the Filipino people and the
elevating influence of religion in society; at the same
Art. 6, S c.29 time, it acknowledges that government must pursue

1. (prohibition on appropriation of its secular goals. Benevolent neutrality gives room
public money or property for the use, benefit or Estrada v.
Art. 6, Sec. 28 (3) for accommodation of these religious exercises as
support of any religion) Escritor, A.M. No. P-02-1651, August 4, 2003)
2. (exemption from taxation of required by the Free Exercise Clause. (
properties actually, directly and exclusively used for Conscientious Objector
religious purposes
3. (optional religious instruction Requisites for one to be considered a

in public elementary and high schools) conscientious objector
Art. 14, Sect. 3 (3)
NOTE: Religious instruction in public 1. The person is opposed to war in any form;
schools: (a.) At the option of religious training and beli f
2. He must show that this opposition is based
parents/guardians expressed in writing; upon ; and
(b.) Within the regular class hours by sincere Clay v. United States, 403 U.S.698,
3. And he must show that this objection is
instructors designated or approved by June 28, 1971)
religious authorities of the religion to .(

which the children belong; (c.) Without LEMON AND COMPELLING STATE INTEREST
additional costs to the government
4. Art. 14, Sec. 4 (2) (citizenship requirement of Lemon Test

ownership of educational institutions, except those
established by religious groups and mission boards)
5. (appropriation allowed where A test to determine whether an act of the
eccles iast ic is employed in armed forces, in a penal government vio lates the non-establishment clause.
Art. 6, Sec. 29 (2)
institution, or in a government-owned orphanage or

leprosarium) To pass the Lemon test, a government act or policy
held by jurisprudence 1. Have a secular purpose;

2. Not promote or favor any set of religious
Exceptions to the non-establishment clause as must:
beliefs or religion generally; and
1. Government sponsorship of town fiestas, some 3. Not get the government too closely
purely religious traditions have now been Lemon v. Kurtzman, 403 U.S. 602, June 28,
(Garces v. Estenzo, G.R. No. L-53487, May 25, 1981) involv ed (“entangled”) with reli gion.
considered as having acquired secular character 1971)
2. Postage stamps depicting Philippines as the (

venue of a significant relig ious event – benefit to the
and ; Compelling State Inter st
religious sect involved was merely incidental as the Used to determine if the interests of the State are
promotion of Philippines as a tourist destination compelling enough to justify infringement of
was the primary objective religious1. freedom. It involves a three-step process:
(Aglipay v. Ruiz, G.R. No.
L-45459, March 13, 1937).
Has the statute or government action
Free Exercise Clause created a burden on the free exercise of
The Free Exercise Clause affords absolute 2. interest to justify this infringement of
protection to individual religious convictions. religion?
religious liberty?
However, the government is able to regulate the

Is there a sufficiently compelling state
times, places, and manner of its exercise. 3. Has the State in achieving its legitimate
(Cantwell
v. Connecticut, 310 U.S. 296, May 20, 1940)
Aspects of freedom and enjoyment of religious purposes used the least intrusive means
profession and wors p possible so that the free exercise is not
2. , which is ; and
infringed any more than necessary to
1. Right to believe absolute achieve the legitimate goal of the State?
Right to act on one’s belief subject to
regulation. , which is LIBERTY OF ABODE AND RIGHT TO TRAVEL
BENEVOLENT NEUTRALITY AND

SCOPE AND LIMITATIONS
CONSCIENTIOUS OBJECTORS
LIBERTY OF ABODE
Benevolent Neutrality

It is the right of a person to have his home or to certainly no showing that Proclamation No. 475
maintain or change his home, dwelling, residence or deliberately meant to impair the right to travel. The
habitation in whatever place he has chosen, within questioned proclamation is clearly focused on its
the limits prescribed by law. purpose of rehabilitating Boracay and any intention
to directly restrict the right cannot, in any manner,

The right is NOT absolute, as there may be a law that No. 238467, February 12, 2019)
restricts the freedom, as when the person is a leper be deduced from its import.
(Zabal v. Duterte, G.R.

or a convict.
The liberty of abode may be impaired only: RIGHT TO INFORMATION
a. Upon lawful order of the court and; and Three categories of information
b. Within the limits prescribed by law such as :
NOTE: public safety and security. 1. Official records;
awful rder 2. Documents and papers pertaining to official
Under Art. III, Sec. 6, of the Constitution, a acts, transactions and decisions; and
of the court is required before the Article 3, Section 7, 1987 Constitution)
3. Government research data used in formulating
liberty of abode and of changing the same can be policies. (
impaired. SCOPE AND LIMITATIONS

RIGHT TO TRAVEL GR: The access must be for a lawful purpose and is
subject to reasonable conditions by the custodian of
This refers to the right of a person to go where he the records.
pleases without interference from anyone. XPNs:
a. Interest of national security; The right does not extend to the following:
The limitations on the right to travel
b. Public safety; and 1.
c. Public health. These include
NOTE: state secrets regarding military, diplomatic
N ional security matters.
It is settled that only a court may issue a hold and other national security, and
departure order against an individual addressed to information on inter-government
the Bureau of Immigration and Deportation. exchanges prior to the conclusion of
However, administrative authorities, such as 2. Criminal matters
passport-officers, may likewise curtail such right in treaties and executive agreements.
the interest of national security, public safety, or relating to investigation,
public health, as may be provided by law. apprehension, and detention of criminals
WATCH-LIST AND HOLD DEPARTURE ORDERS which the court may not inquire into prior
to arrest, prosecution and detention;
Right to travel is not impaired by a hold departure 3. and other

People v Uy Tuising, 61 Phil. 404, 1935 banking transactions as protected by the
Trade and industrial ec s

order. The basic reason for the rule is found in Intellectual Property Code and the Secrecy
said that inasmuch as the jurisdiction of the courts 4. of Bank Deposits Act; and falling under
from which orders and processes were issued does the scope of the Ethical (Chavez
not extend beyond that of the Philippines, they v. PCGG, G.R. No. 130716, December 9, 1998)
, where it was Other nfidential nformation
would have no binding force outside of said concerning classified information.
NOTE:jurisdiction. Two requisites must concur before the right to

DOJ Circular No. 41 is not a law. It is not a mandamus.
legislative enactment, but a mere administrative
issuance designed to carry out the provisions of an information may be compelled by writ of
enabling law. DOJ is not authorized to issue WLOs

and HDOs to restrict the constitutional right to 1. Firstly, the information sought must be in relation
travel. The provision simply grants the DOJ the to matters of public concern or public interest.
power to investigate the commission of crimes and 2. It must not be exempt by law from the
prosecute offenders. It does not carry the power to operation of the constitutional guarantee.
indiscrim inately devise all means it deems proper in NEDA, G.R. No. 175210, February 1, 2016)
(Sereno
performing its functions without regard to
v. Committee on Tariff and Related Matters of the

constitutionally- protected rights. Its investigatory PUBLICATION OF LAWS AND REGULATIONS
power is simply inquisitorial and, unfortunately, not
broad enough to embrace the imposition of Requiring publication of policy issuances in

restraint on the liberty of movement. the Judiciary
Lima, G.R. No. 197930, April 17, 2018) (Genuino v. De
NOTE: Any bearing that Proclamation No. 475 may

have on the right to travel is merely corollary to the The assailed JBC policy need not be filed in the
closure of Boracay and the ban of tourists and non- ONAR because the publication requirement in
residents therefrom which were necessary the ONAR (University of the Philippines Law
incidents of the island's rehabilitation. There is Center Office of the National Administrative
27
POLITICAL LAW
Register) is confined to issuances of
administrative agencies under the Executive
branch of the government. Since the JBC is a right-of.Considering-waytoesidentsthat ofthea
body under the supervision of the Supreme a
residentssubivision?who need A:feederNO road
Court, it is not covered by the publication the
requirements of the Administrative Code. are all subdivision lot owners, it is obligation of
Nevertheless, the assailed JBC policy requiring the subdivision owner to acquire a right-of-way for
the
five years of service as judges of first-level them. However, the failure of subdivision
courts before they can qualify as applicants to owner to provide an access road does not shift the
second level courts should have been burden to the LGU concerned. To deprive
respondents of their property instead of compelling
published. The assailed policy involves a the subdivision owner to comply with his obligation
qualification standard by which the JBC shall under the law is an abuse of the power of eminent
determine proven competence of an applicant. domain and is patently illegal. Worse, the
It is not an internal regulation, because if it expropriation will actually benefit the subdivision’s
owner who will be able to circumvent his
were, it would regulate and affect only the commitment to provide road access to the
members of the JBC and their staff. Notably, subdivision in conjunction with his development
the selection process involves a call to lawyers permit and license to sell from the Housing and
who meet the qualifications in the Land Use Regulatory Board, and also be relieved of
spending his own funds for a right-of-way.
Constitution and are willing to serve in the (Barangay Sindalan v. CA G.R. No. 150640, March 22,
Judiciary to apply to these vacant positions. 2007)
Thus, it is but a natural consequence thereof
that potential applicants be informed of the
requirements to the judicial positions, so that (See further discussion under the first
they would be able to prepare for and comply part of Bill of Rights)
with them (Villanueva v. Judicial and Bar
NON-IMPAIRMENT OF
Council, G.R. No. 211833, April 7, 2015). CONTRACTS
RIGHT OF ASSOCIATION The1. Itlawchangesimpairsthethetermsobligationandconditionsofcontractsofa if:legal
The right of the people, including those
contract either as to the time or mode of performance; or
employed in the public and private sectors, to
form unions, associations, or societies for 2. It imposes new conditions or dispenses with
purposes not contrary to law shall not be those expressed if it authorizes for its satisfaction
abridged (Sec. 8, Art. III, 1987 Constitution). something different from that provided in its terms.
The right to form associations shall not be
impaired without due process of law. It is
therefore an aspect of the general right of
liberty. More specifically, it is an aspect of Applicability of the
It is NOT provision
absolute and is NOT to be read
freedom of contract; and insofar as with literalNOTE: exactness. This constitutional
associations may have for their object the provision is applicable ONLY if the obligation of
advancement of beliefs and ideas, freedom of contract is impaired by legislative act (statute,
association is an aspect of freedom of ordinance, etc.). The act need not be by a
expression and of belief. legislative office; but it should be legislative in
The right to form, or join, unions or nature. Furthermore, the impairment must be
associations,NOTE: includes the right not to join
substantial (Philippine Rural Electric
or, if one is already a member, to disaffiliate Cooperatives Assoc. v. DILG Secretary, G.R. No.
from the association. (Samahan ng Manggagawa 143076, June 10, 2003).
Mutuality
Valid of
contracts should be respected
sa Hanjin Shipyard v. Bureau of Labor Relations, contracts
bylegislatureGR:
the and not tampered with by
G.R. No. 211145, October. 14, 2015).
subsequent laws that will change the intention of
Right to strike NOT included in the right to
the parties or modify their rights and obligations.
form associations by government employees Enactment of laws pursuant to the exercise of
The employment of government employees is XPN:police power because public welfare prevails over
governed by law. It is the Congress and private rights. It is deemed embedded in every contract
administrative agencies which dictate the terms a reservation of the State’s exercise of police power,
eminent domain and taxation, so long as it deals with a
and conditions of their employment. The same is
matter affecting the public welfare (PNB v. Remigio, G.R.
fixed by law and circulars and thus not subject to
No. 78508, March 21, 1994).
any collective bargaining agreement.
EMINENT DOMAIN FREE ACCESS TO COURTS AND
ADEQUATE LEGAL
May LGUs expropriate a property to provide a ASSISTANCE

Basis YES. A barangay b tay bayan is considered a public
Free access to courts and quasi-judicial bodies and officer and any extrajudicial confession made to him
Sec. 11, Art. 3, 1987 without the assistance of counsel is inadmissible in

adequate legal assistance shall not be denied to any (People v. Lauga, G.R. No. 186228,
Constitution) (1991, 2002 Bar) evidence as provided for under Sec. 12, Art. III of the
person by reason of poverty. ( March 15, 2010)
Constitution.
Right to free access to courts RIGHTS OF THE ACCUSED
Sec. 17, Rule 5 of the New
Rules of Court forma pauper is
This right is the basis for
allowing litigation in . 1. Due process;

Cabangis v. Almeda 2. Be presumed innocent;
Those protected include low paid employees,
Lopez, G.R. No. 47685, September 20, 1940 3. Be heard by himself and counsel;
domestic servants and laborers. ( ) 4. Be informed of the nature and cause of the
MIRANDA/CUSTODIAL INVESTIGATION accusation against him;

RIGHTS (1990, 1991, 1993, 1994, 2000, 2001, 5. A speedy, impartial and public trial;
2005, 2009, 2012 BAR) 6. Meet the witnesses face to face;
7. Have compulsory process to secure the
attendance of witnesses and production of

These are the rights to which a person under evidence on his behalf;
custodial investigation is entitled. At this stage, the 8. Against double jeopardy; and
person is not yet an accused as there is yet no case 9. Bail.
filed against him. He is merely a suspect. Criminal due process
The following are the rights (2013ofsuspects:Bar) [1987

No person shall be held to answer for a criminal
1. Right to remain silent; Constitution, Sec. 14(1), Art. III]
2. Right to competent and independent counsel, offense without due process of law.
preferably of his own choice; Requisites of criminal due process (NO-CPJ)
3. Right to be reminded that if he cannot afford
the services of counsel, he would be provided C
with one 1. Accused is heard by a ourt of competent
4. Right to be informed of his rights; jurisdiction;
5. Right against torture, force, violence, threat, P
2. Accused is proceeded against under the orderly
intimidation or any other means which vitiate rocesses of law; N O

the free will; 3. Accused is given otice and pportunity to be
6. Right against secret detention places, solitary, J
incommunicado, or similar forms of detention; heard;
7. Right to have confessions or admissions 4. udgment must be rendered after lawful
(Miranda v Arizona, hearing.
obtained in violation of these rights considered

384 U.S. 436, June 13, 1966)
inadmissible in evidence.
(2013 Bar) The right to appeal is neither a natural right nor part
NOTE: of due process. It is a mere statutory right, but once

RIGHT TO SPEEDY DISPOSITION OF CASES
Even if the person consents to answer given, denial constitutes violation of due process.
questions without the assistance of counsel, the
moment he asks for a lawyer at any point in the Right to speedy disposition of cases
investigation, the interrogation must cease until an
attorney is present.
The “Miranda Rights” are available to avoid This is a right that is available to all persons in all
involuntary extrajudicial confession. kinds of proceedings, whether criminal, civil, or
administrative, unlike the right to speedy trial
The purpose of providing counsel to a person under which is available only to an accused in a criminal
custodial investigation is to curb the police-state case and, therefore, only the accused may invoke
practice of extracting a confession that leads such.
People v. Rapeza, G.R. No. 169431, April 3, 2007
appellant to make self-incriminating statements.

( )
The right to speedy disposition of cases is different
Accused Antonio Lauga was charged and from the right to speedy trial to the extent that the
(1987
convicted of the crime of rape of his thirteen-year former applies to all cases, whether judicial, quasi-
Constitu ion,Art. III, Sec. 16)
old daughter, AAA. During the proceedings, Juan judicial, or administrative cases.
[1987 Constitution,
Paulo Nepomuceno, a bantaybayanin the Art. III, Sec. 14(2)] ; whereas, the latter
barangay, testified that the accused confessed applies to criminal cases only
that he had in fact raped AAA. The trial court RIGHT AGAINST SELF-INCRIMINATION
found him guilty of the crime of rape. Lauga

contends that the extrajudicial confession he Basis
made to Nepomuceno is inadmissible in evidence
as it was made without assistance of counsel. Is
1987 Constitution, Sec. 17, Art. III)
his contention tenable? No person shall be compelled to be a witness
(1990, 1992, 1998, 2006 Bar)
against himself. (
29
POLITICAL LAW
This constitutional privilege has been defined as a suffering; it refers more to the nature of the
protection against testimonial compulsion, but this punishment to be inflicted upon a convict, that
has since been extended to any evidence which is shocking to the conscience of mankind
“communicative in nature” acquired under under contemporary standards.
circumstances of duress.
(Leo Echegaray v.
(People v. Olvis, G.R. No. Secretary of Justice, G.R. No. 132601, October 12,
71092, September 30, 1987 1998)
)
RIGHT AGAINST DOUBLE JEOPARDY NON-IMPRISONMENT FOR DEBTS
No person shall be twice put in jeopardy of 1987 Constitution, Sec. 20, Art.
No person shall be imprisoned for debt or non-

punishment for the same offense. If an act is III) (1993, 1997, 2000, 2002 Bar)
punished by a law and an ordinance, conviction or payment of a poll tax. (

acquittal under either shall constitute a bar to
another prosecution for the same act.
Requisites
A tax is not a debt since it is an obligation arising
from law. Hence, its non-payment maybe validly
punished with imprisonment. Only poll tax is
covered by the constitutional provision.

Legal jeopardy attaches only upon: EX POST FACTO LAW AND
1. Valid complaint or information; BILL OF ATTAINDER
2. Filed before a competent court; ex post facto
3. The arraignment of the accused;

5. An law is any law that makes an action,
4. To which he had pleaded; and done before the passage of the law, and which was
Defendant was previously acquitted or United State v. Vicente Diaz Conde and
innocent when done, criminal, and punishes such

convicted, or the case dismissed or otherwise Apolinaria R. De Conde, G.R. No. L-18208, February
(Saldariega v. Panganiban, G.R. Nos. 211933 & action. (
terminated without his express consent 14, 1922) (1990 Bar)

NOTE: Consent of the accused to the dismissal The ex post fa to law must:
211960, April 15, 2015).
cannot be implied or presumed; it must be 1. Refer to criminal matters;

Caes v. IAC, 179 SCRA 54, November 6, 2. Be retroactive in its application; and
expressed as to have no doubt as to the accused’s

1989). 3. To the prejudice of the accused.
conformity ( Bill of attainder
nvoluntary servitude It is a legislative act that inflicts punishment without
INVOLUNTARY SERVITUDE
trial, its essence being the substitution of legislative
fiat for a judicial determination of guilt. (
It is the condition where one is compelled by force, NOTE:
People v.
coercion, or imprisonment, and against his will, to
Ferrer, G.R. Nos. L-32613-14, December 27, 1972)
labor for another, whether he is paid or not. It is only when a statute applies either to
GR: (1993 named individuals or easily ascertainable members
Bar) of a group in such a way as to inflict punishment on
No involuntary servitude shall exist. them without a judicial trial that it becomes a bill of
XPNs: (P-S-E-C-O-M) attainder.
1. unishment for a crime for which the party has HABEAS DATA, and AMPARO
been duly convicted; service
WRITS OF HABEAS CORPUS, KALIKASAN,
2. Personal military or civil in the interest WRIT OF HABEAS CORPUS

of national defense;
3. In naval , a person who enlists in a The writ of habeas corpus is a writ directed to the
merchant ship may be compelled to remain in
enlist ent
P sse comitatus conscription person detaining another, commanding him to
service until the end of a voyage;

4. or the of able- produce the body of the detainee at a designated
order time and place, and to show the cause of his
bodied men for the apprehension of criminals; detention.
5. Return to work issued by the DOLE Limitations to the writ of habeas corpus
Secretary or the President;
6. under are obliged to EXTENDS TO DOES NOT EXTEND

obey their parents. TO
Minors patria potestas

AND INHUMAN PUNISHMENTS confinement or conditions of
RIGHTS AGAINST EXCESSIVE FINES AND CRUEL
detention by which confinement; but only

any person is deprived to the fact and
Mere extinguishment of life alone does not of his liberty, or by duration of
constitute cruel, degrading, inhuman punishment. which the rightful confinement.
To be such, it must involve prolonged agony and custody of any person

camera involving Ilagan and another woman.
person entitled to it. Ilagan denied the video and demanded Lee to
return the camera, but to no avail. During their
Habeas corpus confrontation, Ilagan allegedly slammed Lee’s
generally applies to all head against a wall inside his office and walked
cases of illegal away. This prompted Lee to utilize said video as
evidence in filing various complaints against
confinement or If the detainee’s
Ilagan. Ilagan claimed that such reproduction of
detention by which incarceration is by the subject video violated his and the woman’s
any person is deprived virtue of a judicial right to life, liberty, security, and privacy. Hence
of his liberty or by order in relation to the lower court issued a Writ of Habeas Data in
which the rightful criminal cases favor of Ilagan. Is the lower court correct in
custody of any person subsequently filed extending the privilege of the Writ of Habeas
is withheld from the against them, the Data to Ilagan?
NO. A Petition for a Writ of Habeas Data must
(Martinez v. remedy of habeas adequately show that there exists a nexus between
person entitled (Ilagan v. Enrile, G.R. the right to privacy on one hand, and the right to life,
Mendoza, G.R. No. corpus no longer lies liberty, or security on the other. As the rules and
thereto No. 70748, October 21, existing jurisprudence on the matter evoke, alleging
153795, August 17, and eventually proving the nexus between one’s
1985).
privacy right to the cogent rights to life, liberty or
2006).
security are crucial in habeas data cases, so much so
that a failure on either account certainly renders a
Privilegeportionfthe writ habeas data petition dismissible. In this case, Ilagan
It is that of the writ requiring the detaining officer was not able to sufficiently allege that his right to life,
to show cause why he should not be tested. It is the liberty or security was or would be violated through
the supposed reproduction and threatened
privilege that is suspended, not the writ itself. The dissemination of the subject sex video. (DR. LEE VS.
PSUPT. ILAGAN, GR NO. 203254, OCTOBER 8, 2014,. PERLAS-BERNABE,
duration of the suspension shall not exceed 60 days J.)
It bears reiteration that like the writ of
unless extended by the Congress. NOTE: , was conceived as a response,
givenamparothehlackbeasof effectivedata and available
Requisites for the valid suspension of the privilege 1.Thereofthe
writmustof behabeasan corpactuals invasion, remedies, to address the extraordinary rise in the
insurrection or rebellion; and Itsintent
2. Public safety requires the suspension. number of iskillingstoaddressand
violationsenforced ofdisappearancesorthreatstothe. rights
The writ applies only to persons judicially charged
to life, liberty or security as a remedy independently from
for rebellion or offenses inherent in or directly those provided under prevailing rules. (Manila Electric
connected with invasion and anyone arrested or Company v. Lim, GR. No. 184769, October 5, 2010)
WRIT OF AMPARO
detained during suspension must be charged
It is a remedy available to any person whose right to
within 3 days. Otherwise, he should be released. life, liberty and security is violated or threatened with
WRIT OF KALIKASAN
This writ is a remedy available to any person whose violation by an unlawful act or omission of a public
constitutional right to a balanced and healthful official or employee, or of a private individual or
ecology is violated, or threatened with violation by an entity. The writ shall cover extralegal killings and
unlawful act or omission of a public official or enforced disappearances or threats thereof.
employee, or private individual or entity, involving
Q: Petitioners allege that with the inclusion of
environmental damage of such magnitude as to their names in the Order of Battle List (OB List),
prejudice the life, health or property of inhabitants in which is deemed to contain the names of
two or more cities or provinces. (Rule 7, Rules of organizations and personalities in Davao City
supposedly connected to the Communist Party
Procedure for Environmental Cases) of the Philippines and the New People’s Army
WRIT OF HABEAS DATA
(NPA), they become easy targets of the
The writ of habeas data is a remedy available to
unexplained disappearances or extralegal
any person whose right to privacy in life, liberty or killings, which is a real threat to their life,
security is violated or threatened by an unlawful liberty and security. Petitioners attested to the
act or omission of a public official or employee, or threatening visits and tailing of their vehicles
by menacing strangers, and the fact that the
of a private individual or entity engaged in the death of three (3) victims can be linked directly
gathering, collecting or storing of data or to the said list. Thus, the petitioners separately
information regarding the person, family, home filed before the RTC a Petition for the Issuance
of a Writ of Amparo. Does the totality of
and correspondence of the aggrieved party. (Sec. 1,
evidence satisfy the degree of proof required
Rule on the Writ of Habeas Data) under the Amparo Rule?
Neri Ilagan and Joy Lee are common law
partners. Lee confronted Ilagan regarding a
purported sex video she discovered from a
UNIVERSITY OF SANTO TOMAS 31 UST LAW BAR OPERATIONS
POLITICAL LAW
A: NO . The writ of amparo was promulgated by the portion of the sovereign functions of the
Court pursuant to its rule- making powers in government, to be exercised by him for the benefit
response to the alarming rise in the number of cases of the public.
of enforced disappearances and extrajudici al
(Fernandez v. Sto. Tomas, G.R. No.
killings. The burden of proof and standard of Elements of a public office (CALIC)
116418, March 7, 1995)
diligence required of the Amparo Rule is substantial

evidence or that amount of relevant evidence which C
a reasonable mind might accept as adequate to 1. reated by Constitution or by law or by some
only actual threats body or agency to which the power to create the
support a conclusion. In the context of the Amparo A
office has been delegated;
rule, , as may be established 2. Invested with uthority to exercise some
from all the facts and circumstances of the case, can portion of the sovereign power of the State;
qualify as a violation that may be addressed. In this 3. The powers conferred and the duties to be
case, no substantial evidence of an actual threat to L
discharged must be defined directly or

petitioners’ life, liberty and security has been shown impliedly by the egislature or through
to exist. No link has been sufficiently established to legislative authority; I
relate the subject OB List either to the threatening 4. Duties are performed ndependently without
visits received by petitioners from unknown men or C Fernandez v. Sto.
control unless those of a subordinate; and

to the violent deaths of the three (3) mentioned Tomas, G.R. No. 116418, March 7, 1995; Tejada v.
5. ontinuing and permanent. (
personalities which could strongly suggest that the Domingo, G.R. No. 91860, January 13, 1992)
inclusion of one’s name in the OB List would

eventually result to enforced disappearance and Characteristics of public off ce (P3VN)
murder of those persons tagged therein as militants.
13, 2012, PERLAS-BERNABE, J.)
1. is a ublic trust” – The principle of “
(IN THE MATTER OF PETITION FOR ISSUANCE OF
means that the officer holds the
A WRIT OF AMPARO IN FAVOR OF LILIBETH
P
LADAGA V. MAPAGU, G.R. NO. 189689, NOVEMBER It is a ublic trust public office
Q: After arriving at the Ninoy Aquino public office in trust for the benefit of the
International Airport, spouses Rozelle Raymond people—to whom such officers are required to
Martin and Claudine Margaret Santiago waited be accountable at all times, and to serve with
for their baggage but they were eventually utmost responsibility, loyalty, and efficiency,
informed that it was transferred to another act with patriotism and justice, and lead modest
spouses noticed a man, later identified as
2. and is outside commerce of
(1987 Constitution, Art. XI, Sec. 1)
Ramon Tulfo, taking pictures of Claudine. A man. It ca nnot be the subject of a contract.– The
It is not r perty
flight. While making a formal complaint, the lives. P
brawl thereafter ensued. Days after the incident, concept " ” means
Raffy, Ben, and Erwin Tulfo, brothers of Mon, that no officer aquire vested right in the holding
public office is ot a property
aired on their TV program comments against the of a public office, nor can his right to hold the
spouses and threatened to retaliate. Terrified, office be transmitted to his heirs upon his death.
the spouses filed before the RTC a petition for Neverthless, the right to hold a public office is a
the issuance of a writ of amparo against them. protected right-secured bu due process and the
Will the petition prosper? provision of Constitution on security of tenure.
(Santos v. Secretary of Labor, G.R. No.L-21624,
A: NO. The Rule on the Writ of Amparo was intended 3. It is Personal to the public officer – It is not a
February 27, 1968)
to address cases involving extralegal killings and/or prop e rty transmissible to the heirs of the officer
enforced disappearances, or threats thereof. In this upon the latter’s death.
case, it is undisputed that petitioners' amparo It is not a Vested right.
(Santos v. Secretary of
petition does not allege any case of extrajudicial 4. Labor, G.R. No.L-21624, February 27, 1968)
killing and/or enforced disappearance, or any
NOTE
threats thereof, in the senses above-described. : However, right to a public office is
Their petition is merely anchored on a broad nevertheless a protected right. It cannot be
invocation of respondents' purported violation of taken from its incumbent without due process.
their right to life and security, carried out by private 1968; Aparri v. CA, G.R. No. L-30057, January. 31,
individuals without any showing of direct or
(Morfe v. Mutuc, G.R. No. L-20387, January 31,
indirect government participation. (SPOUSES 1984)

OCTOBER 21, 2015, PERLAS-BERNABE, J.)
5. It is not andNatural right – Under our political
SANTIAGO V. TULFO BROTHERS, G.R. NO. 205039,
LAW ON PUBLIC OFFICERS system, the r ight to hold public office exists only
because by virtue of some law express ly or
GENERAL PRINCIPLES impliedly creating and conferring it.

MODES OF ACQUIRING TITLE TO PUBLIC
Public Office OFFICE
It is the right, authority, and duty created and Q: How is title to public office acquired?
conferred by law, by which for a given period, either 1. Appointment;
fixed by law or enduring at the pleasure of the 2. Election;
creating power, an individual is invested with some 3. Designation; or

(Preclaro v.
4. In some instances by contract or by some other Is acceptance of appointment required?
Sandiganbayan, G.R. No. 111091, Aug. 21, 1995)
modes authorized by law.
a. Succession by operation of law; or GR: An appointee’s acceptance of office is not

b. By direct provisions of law. necessary to complete or to make the appointment
Q: What is the difference between appointment valid where there is no provision of law to the
and designation? contrary.
APPOINTMENT DESIGNATION XPN: Acceptance, however, is necessary to enable

(Borromeo v Mariano,
the appointee to have full possession, enjoyment,
G.R. No. L-16808, January 3, 1921; Lacson v. Romero,
and responsibility of an office.

the proper authority imposition by law of G.R. No. L-3081, October 14, 1949)
of an individual who additional duties on an
is to exercise the incumbent official.. NOTE: An appointee cannot impose his own
functions of a given (De Leon, 2014)
conditions for the acceptance of a public office. He
office. may only either accept or decline it.
permanence. When only in temporary What are the elements that shall always concur
completed, ususally capacity and maybe in the making of a valid appointment?
with its confirmation, replaced at will by the
appointment results in appoiting authority. It 1. Authority to appoint and evidence of the

security of tenure does not confer security exercise of the authority;
unless he is of tenure in the person 2. Transmittal of the appointment paper and
replaceable at the named. evidence of the transmittal;
pleasure because of the 3. A vacant position at the time of appointment;
nature of his office. and
(Binamira v. Garrucho, (Binamira v. Garrucho, 4. Receipt of the appointment paper and
nature.
G.R. No. 92008, July 30, G.R. No. 92008, July 30,
acceptance of the appointment by the
1990) 1990) appointee who possesses all the qualifications
and none of the disqualifications.
Q: Who are the officers to be appointed by the

President? The concurrence of all these elements should
always apply, regardless of when the appointment
A: is made, whether outside, just before, or during the

( 987 Constitution, Art. VII, Sec. 16) appointment ban. These steps in the appointment
President appoints four groups of officers. process should always concur and operate as a
(Velicaria-Garafil v.
First group single process. There is no valid appointment if the
Offic e Of The President, G.R. No. 203372, June 16,
process lacks even one step.

1. - Heads of the Executive 2015)
departments, ambassadors, other public
ministers and consuls, officers of the armed Q: What is the procedure for the appointment of
forces from the rank of colonel or naval those that require confirmation by the
captain, and other officers; Commission on Appointments
NOTE: The only officers whose A:
appointments need confirmation by the

Commission on Appointments are those
mentioned in the first group.

Second group
1. Nomination by the President;
2. Confirmation by the Commission on
2. - Those whom the President Appointments;
may be authorized by law to appoint without 3. Issuance of commission; and
the consent of the Commission on 4. Acceptance by the appointee.
3. Appointments; What are the kinds of Appointmen ?

Third group - Refers to all other officers of the Permanent
Government whose appointments are not
otherwise provided by law (the law is silent or 1. –An appointment in the civil service
if the law authorizing the head of a department, issued to a person who meets all the
agency, commission, or board to appoint is requirements for the position to which he is
declared unconstitutional) and without the being appointed, including the appropriate
consent of the Commission on Appointments; eligibility prescribed, in accordance with the
and provisions of law, rules and standards
Fourth group promulgated in pursuance thereof. It lasts until

[P.D. 807 (Civil Service Decree), Sec.
lawfully terminated, thus, enjoys security of
4. - Lower- ranked officers whose 25(a)]
appointments Congress may by law vest in the tenure.

heads of departments, agencies, commissions, T mporary
or boards.
KINDS OF APPOINTMENT
2. – A kind of appointment issued to a
person who meets all the requirements for the
33
POLITICAL LAW
position to which he is being appointed, except Q: The President appoints the Vice President as
the appropriate civil service eligibility, in the his Administration's Housing Czar, a position
absence of appropriate eligibilities and it that requires the appointee to sit in the Cabinet.
[P.D. 807, Sec. 25(b)]
becomes necessary in the public interest to fill
Although the appointment of the members of the
a vacancy. Cabinet requires confirmation by the
NOTE: Commission on Appointment (CA), the Office of
Temporary appointment shall not the President does not submit the appointment
exceed 12 months, but the appointee may be to the CA. May the Vice President validly sit in
[P.D. 807, Sec. 25(b)]
replaced sooner if a qualified civil service
the Cabinet? (2017 Bar)
eligibl e becomes availabl e.
One who holds a temporary or acting A: YES. Under Article VII, Section 3 (2) which states
appointment has no fixed tenure of office, and, that “The Vice-President may be appointed as a
therefore, his enjoyment can be terminated at Member of the Cabinet. Such appointment requires
(Erasmo v. Home
the pleasure of the appointing power even no confirmation.”

Insurance & Guaranty Corporatio n, G.R. No.
without hearing or cause. ELIGIBILITY AND QUALIFICATION

139251, August 29, 2002) REQUIREMENTS
However, if the appointment is for a specific What are the requirements for public office?
period, the appointment may not be revoked Eligibility
until the expiration of the term.

Provisional appointment
1. – It is the state or quality of being
legally fit or qualified to be chosen.
3. – One which may be Qualification
issued, upon the prior authorization of the

Commissioner of the CSC, to a person who has 2. – This refers to the act which a
not qualified in an appropriate examination but person, before entering upon the
who otherwise meets the requirements for performance of his duties, is by law
appointment to a regular position in the required to do such as the taking, and often,
competitive service, whenever a vacancy occurs subscribing and filing of an official oath,
and the filling thereof is necessary in the interest and, in some cases, the giving of an official
of the service and there is no appropriate bond. It may refer to:
(Jimenea v. Guanzon, G.R. No. L-24795, January 29, a. Endowments, qualities or attributes which
registe r of eli gible s at the time of appointment. .g. citizenship;
1968) make an individual eligible for public office
The or e.g. taking

Regular appointme b. act of entering into the performance of
oath of office.
4. – One made by the the functions of a public office
confirmation
President while Congress is in session, takes
effect only after by the CA and, NOTE:

once approved, continues until the end of the
To entitle a public officer to hold a public
term of the appointee. office, he must possess all the qualifications and
Ad int rim appointment– none of the disqualifications prescribed by law for
the position, not only at the time of his election or
5. One made by the appointment but also during his incumbency.
President while Congress is not in session,
which takes effect immediately, but ceases to be What are the general qualifications for Public
valid if: Office (CARESCAP)
a. Disapproved by the CA or
b. Upon the next adjournment of Congress, C

(1990, 1994 Bar)
1. itizenship;
either in regular or special session, the CA
has not acted upon it. NOTE:

What is the nature of an “acting appointment" to Only natural-born Filipinos who owe
elective
a government office? Does such an appointment total and undivided allegiance to the Republic of
(Arnado v. COMELEC, G.R. No.

give the appointee the right to claim that the the Philippines could run for and hold
210164, August 18, 2015)

appointment will, in time, ripen into a permanent public office.
one? Explain. (2003 Bar) Congress enacted R.A. 9225 allowing natural-
Sevilla v. Court f Appeals, 209 SCRA

637 [1992], born citizens of the Philippines who have lost
According to an acting appointment is merely their Philippine citizenship by reason of their
temporary. As held in Marohombsar v. Alonto. 194 naturalization abroad to reacquire Philippine
SCRA 390 [1991], a temporary appointment cannot citizenship and to enjoy full civil and political
become a permanent appointment, unless a new rights upon compliance with the requirements
appointment which is permanent is made. This of the law. They may now run for public office
holds true unless the acting appointment was made in the Philippines provided that they: (1) meet
because of a temporary vacancy. In such case, the the qualifications for holding such public office
temporary appointee holds office until the as required by the Constitution and existing
assumption of office by the permanent appointee laws; and (2) make a personal and sworn

renunciation of any and all foreign citizenships 1. The Constitution prohibits the president from
before any public officer authorized to appointing his close relatives (within the 4th civil
administer an oath prior to or at the time of degree by consanguinity or affinity to the president
filing of their CoC. or his spouse) to high positions in government
during his tenure. No relative of the President,
A (Arnado v. COMELEC, ibid; RA within the 4th civil degree, shall be appointed
9225, Sec. 5)
2. Rge; to/as:
3. E esidence;
4. S ducation; A. A Constitutional Commission
C B. The Office of the Ombudsman
5. uffrage;
A C. Secretary of a Department
6. ivil service examination;
P D. Undersecretary of a Department
7. bility to read and write; and
8. olitical affiliation, as a rule, is not a E. Chairman or Head of Bureaus of Offices
qualification. F. Any GOCC
XPN: G. Any GOCC subsidiary
Party-list, membership in the Electoral 2.
Tribunal, Commission on Appointments Under the Civil Service Decree, all appointments
NOTE: in the national, provincial, city, and municipal
The qualifications for public office are governments or in any branch or instrumentality,
continuing requirements and must be possessed not including GOCCs, made in favor of the appointing
only at the time of appointment or election or or recommending authority, or of the chief of the
assumption of office but during the officer’s entire bureau of the office, or of persons exercising
tenure. Once any of the required qualification is immediate supervision over him, are prohibited. As
(Frivaldo v. COMELEC, G.R. No. 87193, June 23, 1989; used in the Civil Service Law, the term “relative”
lost, his title may be reasonably challenged.

Aguila v. Genato, G. R No. L-55151, March 17, 1981)
and members of the family referred to those within
the 3rd degree of consanguinity or affinity.
(Presidential Decree No. 807, Sec. 49)
DISABILITIES AND INHIBITIONS OF PUBLIC

RIGHTS AND LIABILITIES OF PUBLIC OFFICERS
OFFICERS
Q: What are the disqualifications attached to What is the Command Responsibility Doctrine?
A: A superior officer is liable for the acts of his
1 Losi g candidate any election subordinate in the following instances:
civil service employees or officials?

appointed
1. He negligently or willfully employs or retains
unfit or incompetent subordinates;

a. Cannot be to any office in the 2. He negligently or willfully fails to require his
government or GOCCs or their subsidiaries; and subordinates to conform to prescribed
regulations;
b. Period of disqualification: One year after such 3. He negligently or carelessly oversees the
election. business of the office as to give his subordinates
2. Elective officials: the opportunity for default;
XPN: Losing candidates in barangay elections 4. He directed, cooperated, or authorized the
wrongful act; or (E.O. No.
5. The law expressly makes him liable.

GR: They are not eligible for appointment or 9, Sections 38 and 39)
designation in any capacity to any public office or

position during their tenure.
292, Administrative Code of 1987, Book I, Chap.
XPN: May hold positions. Arias Doctrine
The head of office is not required to examine every
x officio
E.g. The Vice President may be appointed as a single detail of any transaction from its inception
Cabinet member. until it is finally approved. We would be setting a
bad precedent if a head of office plagued by all too
common problems—dishonest or negligent
3. Appoi tive fficials: subordinates, overwork, multiple assignments or
POLITICAL LAW
GR: Cannot hold any other office in the government positions, or plain incompetence—is suddenly
or any agency or instrumentality thereof, including swept into a conspiracy conviction simply because
GOCCs and their subsidiaries. he did not personally examine every single detail,
XPN: Unless otherwise allowed by law, or by the painstakingly trace every step from inception, and
primary functions of his position. investigate the motives of every person involved in
NOTE: The exception does not apply to Cabinet a transaction before affixing his signature as the
members, and those officers mentioned in Art. VII, final approving authority.
Sec. 13. They are governed by the stricter
prohibitions contained therein. All heads of offices have to rely to a reasonable
Rules on nepotism extent on their subordinates and on the good faith
of those who prepare bids, purchase supplies, or
enter into negotiations. There has to be some added
reason why he should examine each voucher in such
35
detail. (Arias v. Sandiganbayan, G.R. No. 81563,

December 19, 1989) with full legal effect.
It must include certification from the TERMINATION OF OFFICIAL RELATION
subordinateNOTE: and the supporting documents,
Modes of terminating official relationships
otherwise Arias doctrine cannot be upheld.
1. Expiration of term or tenure;
2. Reaching the age limit for retirement;
DE FACTO vs. DE JURE OFFICERS
3. Resignation;
De facto officer (2000, 2004, 2009, 2010 Bar) 4. Recall;
A officer is one who assumed office under
5. Removal;
thedecolorfactoof a known appointment or election 6. Abandonment;
but which appointment or election is void for 7. Acceptance of an incompatible office;
8. Abolition of office;
reasons that the officer was not eligible, or that
9. Prescription of the right to office;
there was want of power in the electing body, or 10. Impeachment;
that there was some other defect or irregularity in 11. Death;
its exercise, wherein such ineligibility, want of 12. Failure to assume office;
13. Conviction of a crime; or
power, or defect being unknown to the public.
Effects of the acts of de facto public officers
1. The lawful acts, so far as the rights of third

14. Filing of a COC
persons are concerned are, if done within the
scope and by the apparent authority of the
office, are considered valid and binding;
2. The officer cannot benefit from his own
status because public policy demands that
de facto
unlawful assumption of public office be

discouraged;
NOTE: The general rule is that a de facto officer

cannot claim salary and other compensations
for services rendered by him as such. However,
the officer may retain salaries collected by him
for services rendered in good faith when there
is no officer claiming the office.
de jure
3. The officer is subject to the same

liabil itie s imposed on the officer in the
de facto
discharge of official duties, in addition to
de jure
whatever special damages may be due from him

because of his unlawful assumption of office;
and de facto
4. The acts of the public officer, insofar as
they affect the public, are valid, binding and
of the three-term limit. Term limits should be
Appointive officials, active members of
construed strictly to give the fullest possible effect
theNOTE:Armed Forces of the Philippines, and
to the right of the electorate to choose their leaders.
officers and employees of the GOCCs, shall be
resigned from his office upon the filing of his COC. (Socrates v. COMELEC, G.R. No. 154512, November
(Quinto v. COMELEC, February 22, 2010, G.R. No. 12, 2002)
ItAbandonmentisthevoluntary(2000relinquishmentBar) of
189698)
shall continue to hold office, an office by the holder with the intention of terminating his
whetherEleciveofficialsheisrunning for the same or
possession and control thereof.
a different position. (Fair Elections Act, Sec. 14
Does the acceptance of an incompatible office ipso facto vacate
the other?
expressly repealed B.P. Blg. 881, Sec. 67
GR: Yes.
is
Re ignation (2000 Bar)
It the act of giving up or declining a public office and

XPN: Where such acceptance is authorized by law. It
renouncing the further right to use such office
is contrary to the policy of the law that the
indefinitely. In order to constitute a complete and
sameNOTE: individual should undertake to
operative act of resignation, the officer or employee
perform inconsistent and incompatible duties. He
must show a clear intention to relinquish or surrender who, while occupying one office, accepts another
his position accompanied by an act of relinquishment. incompatible with the first, , absolutely vacates the
Resignation implies of the intention to surrender,
first office. Thatipsothe factosecond office is
renounce, relinquish the office. (Estrada v. Desierto,
G.R. No. 146738, March 2, 2001) It must be in writing inferior to the first does not affect the rule.
and accepted by the accepting authority as provided Does the acceptance of an incompatible office pertain to its
physical impossibility?
for by law. The incompatibility contemplated is not the
Q: What is the effect of recall on the three-term limit rule (2010 mereA:NOphysical. impossibility of one person’s
Bar)
The three-term limit for local elected officials is
notA: violated when a local official wins in a recall
election for mayor after serving three full terms as
mayor since the recall election is not considered an
immediate re- election, it is not counted for purposes
performing the duties of the two offices due to a performance of official duties;
lack of time or the inability to be in two places at 8. Conviction of a crime involving moral
the same moment, but that which proceeds from turpitude;
the nature and relations of the two positions to 9. Being notoriously undesirable;
each other as to give rise to contrariety and 10. Falsification of official documents;
antagonism should one person attempt to faithfully 11. Habitual drunkenness;
and impartially discharge the duties of one toward 12. Gambling;
the incumbent of the other. 13. Refusal to perform official duty or render
overtime service;
(Canonizado v. Aguirre,
Period to take the oath of office to avoid failure 14. Physical or mental incapacity due to immoral
G.R. No. 133132, February 15, 2001)
to assume office or vicious habits; and

15. Willful refusal to pay just debts or willful failure
to pay taxes.
Failure to take the oath of office within six months Q: In August 1991, the Board of Directors of San
from proclamation of election shall cause the Pablo City Water District (SPCWD) passed
vacancy of the office UNLESS such failure is for a separate resolutions dismissing its division
cause beyond his control. chiefs, Evelyn Eje and Racquel Tolentino, on the
(OEC. 881, Sec. 11)

basis of the administrative complaint filed by its
It is a proceeding or writ issued by the court to which affirmed their dismissal from service. The
Quo Wa ranto General Manager, Borja. Eje and Tolentino

determine the right to use an office, position
or case was, thereafter, elevated to the CA which
appealed to the Merit Systems Protection Board

franchise and to oust the person holding or set aside Eje and Tolentino's dismissal and
(MSPB) of the Civil Service Commission (CSC),
exercising such office, position or franchise if his awarded them backwages another employment
right is unfounded or if a person performed acts benefits. The CA, however, ruled that the
considered as grounds for forfeiture of said exercise backwages could not be charged against SPCWD,
of position, office, or franchise. in view of the doctrine that where a public
It is commenced by a verified petition wrongfully, he acts outside the scope of his

brought in the name of the Republic of the authority and hence, shall be held personally
NOTE:
Philippines or in the name of the person claiming to liable. Eje and Tolentino were reinstated and
officer removes or dismisses another officer
be entitled to a public office or position usurped or paid their backwages which were, however,
unlawfully held or exercised by another. taken from SPCWD's funds upon Borja's
(Rules of
Court, Rule 66, Sec. 1)
approval. Borja and the other officers of SPCWD

THE CIVIL SERVICE
were charged administratively on the ground
that they used public funds to settle a private
Q: may be appointed in the civil service?
A: Whoever and other benefits were Borja's personal
fulfills all the qualifications prescribed Borja prosper?
obligation, considering that the said backwages

by law for a particular position may be appointed
therein. A: YES.
liabilities. Will the administrative case against
NOTE: The CSC cannot disapprove an appointment While there is no concrete description of
just because another person is better qualified, as what specific acts constitute the offense of conduct
long as the appointee is himself qualified. It cannot prejudicial to the best interest of the service under
(Cortez v. CSC, G.R. No. 92673, March 13, 1991) the civil service law and rules, it has been
add qualifications other than those provided by law. jurisprudentially held to pertain to acts that tarnish
ACCOUNTABILITY OF PUBLIC OFFICERS the image and integrity of the public office, even if it
not be related or connected to the public officer's
function. On the basis of the foregoing, the Court
Q: What are the grounds for the discipline of
public officers holds that Borja acted in a manner prejudicial to the
best interest of the service. By causing SPCWD to
pay the backwages and other benefits due to Eje and
1. Dishonesty; Tolentino, Borja clearly placed said office in a

2. Oppression; financial disadvantage as it was made to pay a
3. Neglect of duty; liability which did not belong to it, especially
NOTE: considering that the amount involved and taken
from SPCWD's funds, i.e., P1,942,031.82, is by no
Gross neglect is such neglect which, from means negligible. In doing so, the integrity of Borja's
the gravity of the case or the frequency of (OFFICE OF THE
office was put in to question, and SPCWD was placed

instances, becomes so serious in its character as OMBUDSMAN VS. BORJA, G. R. NO. 201830,
Office of the Court Administrator v. in a deleterious financial position.
to endanger or threaten the public NOVEMBER 10, 2015, PER, J. PERLAS-BERNABE)
welfare. (
Guan, A. . No. P-07-2293, July 15, 2015)

Misconduct;
whereby it agreed to handle the extrajudicial
Q: The GSIS executed a MOA with the OGCC
5. Disgraceful and immoral conduct; accounts of GSIS (GSIS Foreclosure Project).

6. Discourtesy in the course of official duties; Sometime thereafter, two (2) memoranda were
4. foreclosure of delinquent real estate loan
7. Inefficiency and incompetence in the
37
UNIVERSITY OF SANTO TOMAS UST LAW B A R OPERATIONS
issued authorizing the release of proceeds from
the special assessment fees collected from the connection with the discharge of his duties, it has
GSIS Foreclosure Project, purportedly as their not been shown, however, that he intended to
partial share therefrom as attorney's fees. Thus, (OFFICE OF THE OMBUDSMAN VS. FALLER, G.R.
defraud the government of the said amount.

a Memorandum requested the release of the NO. 215994, JUNE 06, 2016, PERLAS-BERNABE)
amounts of P500,000.00 to Devanadera and
P200,000.00 to her then Chief of Staff and Head DISMISSAL, PREVENTIVE SUSPENSION,
Executive Assistant, Rolando B. Faller. Likewise, REINSTATEMENT AND BACK SALARIES
Devanadera issued a Memorandum requesting
the release of the amounts of P100, 000.00 to Nature of preventive suspension
Devanadera and P30, 000.00 to Faller from the
special assessment fees received from the GSIS
Foreclosure Project, purportedly for the Preventive suspension is not a penalty by itself; it is
purchase of reading materials to aid them in the merely a measure of precaution so that the
discharge of their duties. Thereafter, the COA employee who is charged may be separated from
find irregularities surrounding the alleged the scene of his alleged misfeasance while the same
purchase of reading materials amounting to is being investigated, to prevent him from using his
P130, 000.00 charged from the special position or office to influence prospective witnesses
assessment fees from the GSIS Foreclosure. CA (Beja v. CA,
ruled that Faller is administratively liable for or tamper with the records, which may be vital in
G.R. No. 91749, March 31, 1992)
simple misconduct and conduct prejudicial to the prosecution of the case against him.
the best interest of the service. Is this finding
correct? It can be ordered even without a hearing because
(Alo nzo v. Capulong, et al., G.R. No.
A: YES this is only preliminary step in an administrative

110590, May 10, 1995)
. To constitute an administrative offense, investigation.
misconduct should relate to or be connected with NOTE:

the performance of the official functions and duties When a public officer is charged with
of a public officer. The misconduct is considered as violation of the Anti-Graft and Corrupt Practices Act
grave if it involves additional elements such as or R.A. 3019, a pre-suspension hearing is required
corruption or willful intent to violate the law or to solely to determine the applicability of such law and
disregard established rules, which must be proven for the accused be given a fair and adequate
by substantial evidence; otherwise, the misconduct opportunity to challenge the validity of the criminal
is only simple. Corruption, as an element of grave (Torres v. Garchitorena, G.R. No.
proceedings against him. This may be done through

misconduct, consists in the act of an official or 153666, December 27, 2002)
fiduciary person who unlawfully and wrongfully various pleadings.

uses his station or character to procure some Periods of preventive suspension
benefit for himself or for another person, contrary
to duty and the rights of others. On the other hand, For administrative cases:
dishonesty is defined as the concealment or 1.
distortion of truth in a matter of fact relevant to (R.A. 7160)
a. Civil Service Law – 90 days
one's office or connected with the performance of b. Local Government Code
his duty. It implies a disposition to lie, cheat, deceive i. Sec. 85: 60 days for appointive officials
or defraud; untrustworthiness; lack of integrity; (suspension to be imposed by the local
lack of honesty, probity, or integrity in principle; chief executive)
and lack of fairness and straightforwardness; ii. Sec. 63: 60 or 90 days for elective
disposition to defraud, deceive or betray. While officials
there were violations of established and definite For criminal cases:
c. Ombudsman Act – six months
rules of action, there is no substantial evidence to 2. Anti- Graft and Corrupt
prove that the foregoing violations were (Gonzaga v. Sandiganbayan G.R. No. 96131
Practices Act (R.A. 3019) – 90 days by analogy.

precipitated by Faller with corruption or a willful Sept mber 6, 1991)
intent to violate the law so as to render him

administratively liable for Grave Misconduct Apart NOTE:
from admittedly receiving the checks purportedly Service of preventive suspension will not be
as attorney's fees and for the purchase of reading credited to the penalty of suspension after having
materials, both charged against the GSIS been found guilty because they are of different
Foreclosure Project fees, records do not show that character. If however the preventive suspension is
Faller directly or actively participated in the indefinite wherein his term is about to expire and
disbursement of the said funds, or authorized the suspension is not lifted such will be considered
same His receipt of the sum was based on his (Layno, Sr. v. Sandiganbayan, G.R. No. L-
unconstitutional for being violative of due process

assumption that the funds he received were in the 65848, May 24, 1985)
nature of attorney's fees as compensation for his of law.

work on the GSIS Foreclosure Project. Neither were Preventive suspension pending investigation vs.
the foregoing infractions indicative of a disposition preventive suspension pending appeal
to deceive or lie so as to hold Faller administratively
liable for dishonesty. While it has been established PENDING

that Faller received the check for purportedly as INVESTIGATION PENDING APPEAL
funds for the purchase of reading materials in

The condonation doctrine connotes a complete
extinguishment of liability of a public officer or
means of enabling the “denying the right to remove one from office
disciplinary authority an because of misconduct during a prior term.”
unhampered
investigation Under the new ruling, the Supreme Court simply

finds no legal authority to sustain the condonation
days, the law should be reinstated doctrine in this jurisdiction. It was a doctrine
provides that he be with full pay for the adopted from one class of US rulings way back in
automatically period of suspension 1959 and thus, out of touch from – and now
reinstated rendered obsolete by – the current legal regime. In
consequence, it is high time to abandon the

condonation doctrine that originated from Pascual,
suspension, the he remains and affirmed in the cases following the same, such
employee is not entitled suspended and the as Aguinaldo, Salalima, Mayor Garcia, and Governor
to payment of salaries penalty imposed is Garcia, Jr.
only reprimand, the Prospective application of the ctr ne
suspension pending
appeal becomes
illegal and he is The abandonment of the condonation doctrine
entitled to back should be prospective in application for the reason
salary corresponding that judicial decisions applying or interpreting the
to the period of (CARPIO-
laws or the Constitution, until reversed, shall form
suspension. MORALES V. CA, G.R. NO. 217126-27, NOVEMBER
part of the legal system of the Philippines.
10, 2015, PER, J. PERLAS-BERNABE)

Is a public officer entitled to back wages during
his suspension pending appeal when the result of IMPEACHMENT
the decision from such appeal does not amount to
complete exoneration but carries with it a certain Q: Who are the Impeachable Officers?
number f days of suspension?
NO. 1. President;
Although entitled to reinstatement, he is not 2. Vice-President;
entitled to back wages during such suspension 3. Members of the Supreme Court;
pending appeal. Only one who is completely 4. Members of the Constitutional Commissions;
(Sec. of Education v. CA. G.R. No. and
exonerated or merely reprimanded is entitled to

128559, October 4, 2000) 5. Ombudsman.
such back wages. NOTE: (1987
Constitution, Art. XI, Sec. 2)
Conditions before an employee may be entitled The enumeration is exclusive.
to back salaries
Q: Can an impeachable officer ousted from office
1. The employee must be found innocent of the through other means?
charges; and (CSC v. Cruz

GR No. 187858, August 9, 2011) A: An impeachable officer may be ousted from office
2. His suspension must be unjustified. (Republic v. Sereno, G.R. No. 237428, May,
through other means of methods, such as quo

11, 2018)
NOTE: warranto.
The requirement that the suspension must Q: Can the Chief Justice be removed from office
(CSC v. Cruz GR
be unjustified is automatically subsumed in the thru a Petition for Quo Warranto?

No. 187858, August 9, 2011)
other requirement of exoneration.

When is suspension unjustified? A: YES. The language of Section 2, Article XI of the
Constitution does not foreclose a quo warranto
If the proper penalty imposable for the offense action against impeachable officers”. The provision
actually committed does not exceed one month, uses the permissive term “may” which denote
then there would have been no occasion for a discretion and cannot be construed as having a
suspension pending appeal since a decision mandatory effect, indicative of a mere possibility, an
imposing the penalty of suspension for not more opportunity, or an option. In American
than 30 days or fine in an amount not exceeding jurisprudence, it has been held that “the express
(Book V, Section 47, par. 2 of Executive Order No. 292; provision for removal by impeachment ought not to
thirty days salary is final and not subject to appeal. be taken as a tacit prohibition of removal by other
Section 7, Rule III of Administrative Order No. 7, Rules
(Republic vs.
of Procedure of the Office of the Ombudsman, April 10, methods when there are other adequate reasons to
Sereno, G.R. No. 237428, May 11, 2018)
1990, as amended by Administrative Order No.17, account for this express provision.
September 15, 2003 which took effect on November
Grounds for impeachment (CTB-GOB) (1999,
19, 2003)
2012, 2013 Bar)
CONDONATION DOCTRINE 1. Culpable violation of the Constitution;
39
POLITICAL LAW
2. Breason; conferred upon it by the Constitution. (

3. G ribery; No. 193459, February 15, 2011)
T Gutierrez v.
4. Oraft and Corruption;
House of Representatives Committee on Justice, G.R.
5. B ther high crimes ; and (1987 Constitution,

6. etrayal of public trust.
The Senate has the sole power to try and decide all
cases of impeachment.
NOTE (6)] Hence, judgment in an impeachm ent
Art. XI, Sec. 2) [1987 Constitution, Art. XI,
: The enumeration is exclusive. proceeding is normally not subject to judicial
Sec. 3
Steps in the impeachment process (2012 Bar) review.

XPN: Courts may annul the proceedings if there is a
Constitution provides that the House of showing of a grave abuse of discretion or non-
Representatives shall have the exclusive power to compliance with the procedural requirements of the
initiate all cases of impeachment. Constitution.
(1987
Constitution, Art XI)
One-year bar rule (2014 Bar)
a. Verified complaint filed by any member of Initiation takes place by the act
of filing of the
1. Initiating impeachme case
the House of Representatives or any citizen impeachment complaint referral to the House
upon resolution of endorsement by any Committee on Justice. Once an impeachment
and
member thereof; complaint has been initiated in the foregoing
NOTE: manner, another may not be filed against the same

If the verified complaint is filed by at official within the one year period.
least 1/3 of all its members of the House of
Representatives, the same shall constitute NOTE: (Gutierrez v. HoR
Committee on Justice, ibid.)
the Articles of Impeachment, and trial by The limitation refers to the element of time,
the Senate shall forthwith proceed. and not the number of complaints. The impeachable
officer should defend himself in only one
[1987
impeachment proceeding, so that he will not be
Constitution, Art. XI, Sec. 3 (4)]

b. Inclusion in the order of business within 10 precluded from performing his official functions
session days; and duties. Similarly, Congress should run only one
c. Referred to the proper committee within 3 impeachment proceeding so as not to leave it with
session days from its inclusion; little time to attend to its main work of law-making.
d. The committee, after hearing, and by on Justice, ibid.)
majority vote of all its members, shall
(Gutierrez v. The House of Representatives Committee
submit its report to the House of Purpose of the one-year bar rule
Representatives together with the

corresponding resolution;
e. Placing on calendar the Committee 1. To prevent undue or too frequent harassment;
resolution within 10 days from submission; 2. and
f. Discussion on the floor of the report; and To allow the legislature to do its principal task
g. A vote of at least 1/3 of all the members of of legislation.
the House of Representatives shall be
(Francisco v. House of
necessary either to affirm a favorable
Representatives supra.)
resolution with the Articles of The consideration behind the intended limitation
Impeachment of the committee or override refers to the element of time, and not the number of
its contrary resolution. [(1987 Constitution,
complaints. The impeachable officer should defend
himself in only one impeachment proceeding, so
Trial and Decision in impeachment proceedings that he will not be precluded from performing his
Art. XI, Sec. 3 (2-3)]
2. official functions and duties. Similarly, Congress

a. The Senators take an oath or affirmation; should run only one impeachment proceeding so as
and not to leave it with little time to attend to its main
NOTE: work of lawmaking. The doctrine laid down in

When the President of the that initiation means filing and referral
Philippines shall be impeached, the Chief remains congruent to the rationale of the
Francisco
Justice of the Supreme Court shall preside, constitutional provision.

otherwise the Senate President shall
(Gutierrez v. The House of
preside in all other cases of impeachment. NOTE: Congress may look into separate complaints
Representatives Committee on Justice, supra)

against an impeachable officer and consider the
(Senate Resolution No. 890)
b. A decision of conviction must be concurred inclusion of matters raised therein, in the adoption
in by at least 2/3 of all the members of of the Articles of Impeachment.
Senate.
(Francisco v. House
of Representatives, et. al., supra)
NOTE: The power to impeach is essentially a non- Effects of conviction in impeachment (2012 Bar)
legislative prerogative and can be exercised by
Congress only within the limits of the authority 1. Removal from office;

Q: The Municipal Appraisal Board (MAB) of
2. Disqualification to hold any other office under Kawit Cavite issued a Resolution decreasing the
the Republic of the Philippines; and assessed fair market value of the subject lands
3. Party convicted shall be liable and subject to from P700.00 per sq. m to P500.00 per sq. m.
[1987 Constitution, Art. XI, Sec. 3 (7)]
prosecution, trial and punishment according to
Thereafter, a parcel of lot was auctioned at P500
law. per sq.m., which was awarded to FJI Property
THE OMBUDSMAN Developers, Inc. However, in the Report of the
Commission on Audit, it was found that the
Scope of the authority of the budsm n proper fair market value for said lot should have
been P878.26 per sq. m. The COA Report, as a
Ombudsman supplement to such, concluded that the
The Office of the shall have Municipality suffered undue injury when it was
disciplinary authority over all elective and deprived of income. Hence, a Complaint was
appointive officials of the Government and its filed against the members of the MAB. The Office
subdivisions, instrumentalities and agencies, of Ombudsman Luzon finds that members of the
including Members of the Cabinet, local MAB are guilty of Grave Misconduct. Are the
government, government-owned or controlled members of the MAB administratively liable for
corporations and their subsidiaries, except over Grave Misconduct?
officials who may be removed only by impeachment
(R.A. 6770, Sec. 21)
or over Members of Congress, and the Judiciary. A:

Q: Where does one appeal decisions of the NO. There is no substantial evidence to hold
Ombudsman? respondents administratively liable for Grave
Misconduct. Substantial evidence is such relevant
A: It depends. evidence as a reasonable mind may accept as

adequate to support a conclusion. In cases before
the Office of the Ombudsman, jurisprudence
instructs that “the fundamental rule in
Fabian v. Desierto, G.R. No.
1. Administrative disciplinary cases administrative proceedings is that the complainant
129742, 16 has the burden of proving, by substantial evidence,
a. GR: Rule 43, CA ( the allegations in his complaint. In this case, records
September 16, 1998 are bereft of any showing that respondents
wrongfully intended to transgress some established
) and definite rule of action. The passage of MAB-
b. XPN: (i) Absolved or (ii) Resolution was merely done, so that lands within
(OFFICE OF THE
the municipality which have the same attributes will

Convicted but penalty imposed is public censure or OMBUDSMAN VS. DE ZOSA, G.R. NO. 205433,
be assessed uniformly.
reprimand, suspension of not more than one JANUARY 21, 2015, PERLAS-BERNABE)
Dagan v. Ombudsman, G.R. No. 184083, November
month, or fine equivalent to one-month salary.

19, 2013
( Q: Does the Office of the President has
) Tirol v. jurisdiction to exercise administrative
disciplinary power over a Deputy Ombudsman
Sandiganbayan, G.R. No. 135913, November 4, 1999
2. Criminal cases – Rule 65, SC ( and a Special Prosecutor who belong to the
) constitutionally created Office of the
Cortes v. Ombudsman,
3. Consolidated administrative and criminal cases - Ombudsman?
G.R. No. 187896-97, June 10, 2013
Rule 43, CA OR Rule 65, SC. (
)
Q: What is the effect of charges arising from A:
same act/omission lodged before the NO. Subjecting the Deputy Ombudsman to
Ombudsman and regular courts? discipline and removal by the President, whose own
alter egos and officials in the Executive Department
A: Administrative and criminal charges filed before are subject to the Ombudsman’s disciplinary
the Office of the Ombudsman and the trial court, authority, cannot but seriously place at risk the
respectively, are separate and distinct from each independence of the Office of the Ombudsman itself.
other even if they arise from the same act or The Office of the Ombudsman, by express
omission. This is because the quantum of proof constitutional mandate, includes its key officials, all
required in criminal cases is proof beyond of them tasked to support the Ombudsman in
reasonable doubt, while in administrative cases, carrying out her mandate. What is true for the
only substantial evidence is required. Moreover, the Ombudsman must be equally and necessarily true
purpose of the administrative proceedings is mainly
to protect the public service, based on the time- for her Deputies who act as agents of the
honored principle that a public office is a public
trust. On the other hand, the purpose of the criminal Ombudsman in the performance of their duties. The
prosecution is the punishment of crime. Thus, even Ombudsman can hardly be expected to place her
the dismissal of a criminal case does not necessarily complete trust in her subordinate officials who are
(Gonzales v. Serrano. G.R. No. 175433, not as independent as she is, if only because they are
foreclose the administrative action against the

(EMILIO A. GONZALES III VS. OFFICE OF THE
March 11, 2015) subject to pressures and controls external to her
respondent. PRESIDENT, G.R. NO. 196231, JANUARY 28, 2014,
Office.
PERLAS-BERNABE)
41
POLITICAL LAW
THE SANDIGANBAYAN 2. Other offenses or felonies whether simple or

Exclusive original jurisdiction of the complexed with other crimes committed by the
Sandigabayan public officials and employees mentioned in
subsection ‘a’ of this section in relation to their
1. Violations of R.A. No. 3019, as amended, office.

otherwise known as the Anti-graft and Corrupt 3. Civil and criminal cases filed pursuant to and in
Practices Act, R.A. No. 1379, and Chapter II, connection with Executive Order Nos. 1, 2, 14
Section 2, Title VII, Book II of the Revised Penal and 14-A, issued in 1986.
Code, where one or more of the accused are NOTE:
officials occupying the following positions in
the government whether in a permanent, The Regional Trial Court shall have exclusive
acting or interim capacity, at the time of the original jurisdiction where the information: (a) does
commission of the offense: not allege any damage to the government or any
bribery; or (b) alleges damage to the government or
bribery arising from the same or closely related

a. Officials of the executive branch occupying (R.A. 10660, Sec. 2)
transactions or acts in an amount not exceeding One

the positions of regional director and million pesos (P1,000,000.00).
higher, otherwise classified as Grade '27' NOTE:
and higher, of the Compensation and In case private individuals are charged as co-
Position Classification Act of 1989 (R.A. No. principals, accomplices or accessories with the
6758), specifically including: (PD
public officers or employees, they shall be tried
1606, Sec. 4)
i. Provincial governors, vice-governors, jointly with said public officers and employees.
members of the sangguniang
panlalawigan and provincial treasurers, Private persons may be charged together with
assessors, engineers and other public officers to avoid repeated and unnecessary
provincial department heads; presentation of witnesses and exhibits against
ii. City mayors, vice-mayors, members of conspirators in different venues, especially if the
the sangguniang panlungsod, city issues involved are the same. It follows therefore
treasurers, assessors engineers and that if a private person may be tried jointly with
other city department heads; (Balmadrid v. Sandiganbayan, G.R. No. L-
public officers, he may also be convicted jointly with

iii. Officials of the diplomatic service 58327, March 22, 1991)
occupying the position of consul and them.
higher; Determination of the jurisdiction of the

iv. Philippine army and air force colonels, Sandiganbayan
naval captains, and all officers of higher
rank;
v. Officers of the Philippine National Police It shall be determined by the allegations in the
while occupying the position of information specifically on whether or not the acts
provincial director and those holding complained of were committed in relation to the
the rank of senior superintendent or official functions of the accused. It is required that
higher; the charge be set forth with particularity as will
vi. City and provincial prosecutors and reasonably indicate that the exact offense which
their assistants, and officials and (Lacson v. Executive Secretary¸
the accused is alleged to have committed is one in

prosecutors in the Office of the G.R. No. 128096, January 20, 1999
Ombudsman and special prosecutor; relation to his office.

and Ill-gotten wealth
vii. Presidents, directors or trustees, or
managers of government-owned or -
controlled corporations, state Any asset, property, business enterprise or material
universities or educational institutions possession of any person within the purview of Sec.
or foundations. 2 of R.A. 7080, acquired by him directly or indirectly
through dummies, nominees, agents, subordinates
b. Members of Congress and officials thereof and/or business associates by any combination or
classified as Grade'27'and and higher series of the following means or similar schemes:
under the Compensation and Position
Classification Act of 1989; 1. Through misappropriation, conversion, misuse,
c. Members of the judiciary without prejudice or malversation of public funds or raids on the
to the provisions of the Constitution; public treasury;
d. Chairmen and members of Constitutional 2. By receiving, directly or indirectly, any
Commissions, without prejudice to the commission, gift, share, percentage, kickbacks
provisions of the Constitution; and or any other form of pecuniary benefit from any
e. All other national and local officials person and/or entity in connection with any
classified as Grade'27'and higher under the government contract or project or by reason of
Compensation and Position Classification the office or position of the public officer
Act of 1989. concerned;

3. By the illegal or fraudulent conveyance or testimony of witnesses. This power is implied

disposition of assets belonging to the National and not inherent in administrative agencies.
Government or any of its subdivisions, agencies Quasi-legislative vs. Quasi-judicial power
or instrumentalities or government-owned-or-
controlled corporations and their subsidiaries; QUASI-LEGISLATIVE QUASI-JUDICIAL
By obtaining, receiving or accepting directly or
4. indirectly any shares of stock, equity or any

other form of interest or participation including future. past facts.
promise of future employment in any business
enterprise or undertaking;
5. By establishing agricultural, industrial or General application.
commercial monopolies or other combinations application (applies
and/or implementation of decrees and orders only to the parties
intended to benefit particular persons or involved).
special interests; and court without in court with prior
6. By taking undue advantage of official position, D
subscribing to the
exhaustion of
authority, relationship, connection or influence E octrine of administrative
to unjustly enrich himself or themselves at the A
xhaustion of remedies.
expense and to the damage and prejudice of the R (DEAR).
(R.A. 7080, “An Act Defining and dministrative
Filipino people and the Republic of the
Penalizing the Crime of Plunder”) emedies

Philippines. prior notice and
notice and hearing
ADMINISTRATIVE LAW hearing (except when (except when the

the law requires it). law does not require
GENERAL PRINCIPLES it).

Administrative Law court through an Court of Appeals via
ordinary action. petition for review
(Rule 43).
It is a branch of public law fixing the organization Respondent was an operator of a domestic air
and determines the competence of administrative carrier primarily that of transporting live fish
[Administrative Code,
authorities, and indicates the individual remedies
from Palawan to fish traders. Petitioner is the
Sec. 2(3)]
for the violation of the rights.
government agency responsible for the
governance, implementation, and policy
Administration direction of the Strategic Environment Plan (SEP)
for Palawan pursuant to which Administrative
As an i stitution Order No. 00-05 was issued. Said Order provided
1. –It refers to the group or that only accredited domestic air carriers shall be
aggregate of persons in whose hands the reins allowed to operate as ‘common carriers’ licensed
of government are for the time being. under said rule. Respondent assails the validity of
As fun tion A. O. No. 00- 05 on the ground that it was issued in
2. –It pertains to the execution, in excess of petitioner’s authority as an
State
non- judicial matters, of the law or will of the
administrative agency. Was respondent’s
(Nachura, Ouline Reviewer in Political Law, p.
493) as expressed by competent authority.
contention valid?
POWERS OF ADMINISTRATIVE AGENCIES NO. Petitioner’s issuance of the assailed order was
well within its statutory authority. Being an
Basic powers of administrative administrative agency, petitioner had the explicit

agencies authority to fill in the details as to how to carry out
or effectively implement the objectives of R.A. No.
1. Quasi-legislat ve power or Rule-making 7611 in protecting and enhancing Palawan's natural

power resources consistent with the SEP. In fact, the
– It is the exercise of delegated petitioner was expressly given the authority to
legislative power, involving no discretion as to impose penalties and sanctions in relation to the
(The Palawan Council for
what the law shall be, but merely the authority implementation of the SEP and the other provisions
Sustainable Development v. Ejercito Lim, G.R. No.
to fix the details in the execution or of R.A. No. 7611

Quasi-Judicial or Adjudicatory power
2. enforcement of a policy set out in the law itself.
183173, August 24, 2016).
– It is
the power of administrative authorities to QUASI-LEGISLATIVE (RULE-MAKING) POWER
make determinations of facts in the
performance of their official duties and to inds 2of administrative rules and regulations
(SICIP )
apply the law as they construe it to the facts so K
found. It partakes the nature of judicial power,

Determina ive inve igatory power
3. but exercised by a person other than a judge. S
– It is 1. upplementary – those which only supply

information Interpretative
the power to inspect, secure, or require the details, also known as detailed legislation
disclosure of by means of 2. – those that do no more than
accounts, records, reports, statements and to interpret a statute.
43
UNIVERSITY OF SANTO TOMAS FACULTY
OF CIVIL LAW
POLITICAL LAW
3. Conting nt – those which determine when 1. Right to a hearing which includes the right to
Procedural
a statute will go into effect present one’s case and submit evidence in
4. – those which describe the support thereof;
method by which the agency will carry out 2. The tribunal must consider the evidence
Inter al
its appointed functions presented;
5. – those issued by a superior 3. The decision must be supported by evidence;
administrative or executive officer to his 4. Such evidence must be substantial;
subordinates for the proper and efficient 5. The decision must be rendered on the evidence
Penal
administration of law presented at the hearing or at least contained in
6. – those that carry out penal or the record, and disclosed to the parties affected;
criminal sanctions for violation of the same. 6. The tribunal or body or any of its judges must
QUASI-JUDICIAL (ADJUDICATORY) POWER act on its own independent consideration of the

law and facts of the controversy in arriving at a
Inapplicability of technical rules of procedure decision;

and evidence in administrative proceedings 7. The board or body should render decision in
such a manner that parties can know the
Ang Tib ay v. CIR, G.R. No. L-
various issues involved and the reasons for the

46496, February 27, 1940
The technical rules of procedure and of evidence decision rendered. (

prevailing in courts of law and equity are not )
controlling in administrative proceedings to free ADMINISTRATIVE APPEAL AND REVIEW

administrative boards or agencies from the
compulsion of technical rules so that the mere Distinguish between administrative appeal from
admission of matter which would be deemed ad review.
incompetent in judicia l proceedings would not
invalidate an administrative order. Administrative

What is the quantum of proof required in appeal is review by a higher agency
administrative proceedings? of decisions rendered by an administrative agency,
commenced by petition of an interested party; while
there is administrative review when a superior
Only Substantial evidence or that amount of officer or department head, upon his or her own
relevant evidence that a reasonable mind might volition, may review the decision of an
accept as adequate to support a conclusion. administrative agency or that of a subordinate’s
decision pursuant to the power of control.

Q: Maximino, an employee of the Department of
Education, is administratively charged with
dishonesty and gross misconduct. During the
formal investigation of the charges, the
Secretary of Education preventively suspend
him for a period of sixty (60) days. On the 60th
day of the preventive suspension, the Secretary
rendered a verdict, finding Maximino guilty,
and ordered his immediate dismissal from the
service. Maximino appealed to the Civil Service
Commission (CSC), which affirmed the
Secretary’s decision. Maximino then elevated
the matter to the Court of Appeals (CA). The CA
reversed the CSC decision, exonerating
Maximino. The Secretary of Education then
petitions the Supreme Court (SC) for the review
of the decision. Is the Secretary of Education a
proper party to seek the review of the CA
decision exonerating Maximino? Reasons.
(2009 Bar)
The Secretary of Education is not the proper
partyA: to seek review of the decision of the CA,
because he is the one who heard the case and
imposed the penalty. Being the disciplinary
authority, the Secretary of Education should be
impartial and should not actively participate in
prosecuting Maximino. (National Appellate Board
of the National Police Commission v. Mamauag, 466
SCRA 624, 2005)
Q: Is the doctrine of res judicata available on

administrative proceedings?

A: NO. The doctrine of res jud cat applies only to 2. Violation of due process;
1.
judicial or -judicial proceedings and not to the 3.
administrative agency concerned;
exercise of purely administrative functions. When the issue involved is a purely legal
quasi
Administrative proceedings are non-litigious and 4. question;

summary in nature; hence, does not 5. When there is irreparable injury;
apply When the administrative action is patently
. res judicata illegal amounting to lack or excess of
(Nasipit Lumber Company, Inc. v. NLRC, G.R.

Exceptions to the non- applicability of res
6. jurisdiction;
No. 54424, August 31, 1989)
judicata in administrative proceedings (FLaN) When the respondent is a Department

Secreta ry whose acts as an alter ego of the
N President bears the implied and assumed

aturalization proceedings or those involving 7. approval of the latter;
ci tizenship and immigration; When the subject matter is a private land case
bor relations; and 8. proceedings;
De cisions affecting amily relations, personal status 9. When it would be unreasonable;
La
or condition, and capacity of persons. When no administrative review is provided
AND RATE-FIXING POWERS 11. When the rule does not provide a plain,
FACT-FINDING, INVESTIGATIVE, LICENSING, 10. by law;
Do administrative bodies have inherent power to When the issue of non-exhaustion of

issue subpoena? administrative remedies has been rendered
12. moot;
NO. When there are circumstances indicating the
It is settled that these bodies may summon 13. urgency of judicial intervention;
witnesses and require the production of evidence When it would amount to a nullification of a
only when duly allowed by law, and always only in 14. claim; and
connection with the matter they are authorized to Where the rule on qualified political agency
investigate. applies.
(Laguna CATV Network v. Maraan,
G.R. No. 139492, November 19, 2002)
Is the power to cite a person in contempt inherent
in administrative bodies? Q: Does the failure to exhaust administrative
NO. It must be expressly conferred upon the body, (1996 BAR)
remedies before filing a case in court oust said

and, must be used only in connection with its -
court of jurisdiction to hear the case? Explain.
judicial as distinguished from its purely A: NO.
q asi
administrative or routinary functions. If there is no The failure to exhaust administrative

express grant, the agency must invoke the aid of the remedies before filing a case in court does not oust
RTC under Rule 71 of the Rules of Court. the court of jurisdiction to hear the case. As held in
May administrative agencies issue warrants of the failure to exhaust

arrest or administrative searches? administrative remedies does not affect jurisdiction
Rosario vs CA, 211 SCRA 384,
of the court but results in the lack of a cause of
action, because a condition precedent that must be
As a rule, administrative agencies may not issue satisfied before the case can be filed was not
warrants of arrest or administrative agencies fulfilled.
because under the 1987 Constitution, only a judge Q: The Secretary of Department of Environment
may issue warrants. However, in cases of and Natural Resources (DENR) issued a
deportation of illegal and undesirable aliens, the Memorandum Circular No. 123-15 prescribing
President or the Commissioner of Bureau of the administrative requirements for the
Immigration and Deportation may order arrest conversion of a timber license agreement (TLA)
following a final order of deportation (Salazar v. into an Integrated Forestry management
Achacoso, G.R. No. 81510, March 14, 1990).

Agreement (IMFA). ABC Corporation, a holder of
DOCTRINE OF EXHAUSTION OF a TLA which is about to expire, claims that the
ADMINISTRATIVE REMEDIES conditions for conversion imposed by the said
circular are unreasonable and arbitrary and a
Doctrine of exhaustion of administrative patent nullity because it violates the non-
reme ies? (1996, 1998, 2000, 2015 Bar) impairment clause under the Bill of Rights of the
The doctrine of exhaustion of administrative circular. The DENR moves to dismiss the case on
1987 Constitution. ABC Corporation goes to

remedies applies where a claim is cognizable in the the ground that ABC Corporation has failed to
court seeking the nullification of the subject
first instance by an administrative agency alone. exhaust administrative remedies which is fatal
Judicial interference is withheld until the to its cause of action. If you were the judge, will
administrative process has been completed. you grant the motion? Explain. (2015 BAR)
remedies? (1991, 2000, 2004 BAR) A: The motion to dismiss should be denied. Given
Q: What are the exceptions to the application of

that the problem considers a situation concerning
the doctrine of exhaustion of administrative
the exercise of quasi-legislative functions, the
45
POLITICAL LAW
doctrine of exhaustion of administrative remedies The exercise of the right of suffrage is subject to
cannot apply. The said rule applies only to judicial existing substantive and procedural requirements
review of decisions of administrative agencies in the embodied in our Constitution, statute books, and
exercise of their quasi-judicial power. It has no other repositories of law.
application to their exerc ise of rule- making power
(Akbayan-Youth v.
COMELEC, G.R. No. 147066, March 26, 2001)

[Holy Spirit Homeowners Association, Inc. v. Defensor,
497 SCRA 581 (2006)].
QUALIFICATION AND DISQUALIFICATION OF
DOCTRINE OF PRIMARY JURISDICTION VOTERS
jurisdiction 1. Filipino citizenship;
Doctrine of primary jurisdict (1996 BAR) Qua ifications for the exercise of suffrage
The doctrine of primary applies where 2. At least 18 years of age;

a case is within the concurrent jurisdiction of the 3. Resident of the Philippines for at least one year;
court and an administrative agency but the 4. Resident of the place where he proposes to vote
determination of the case requires the technical for at least six months immediately preceding the
expertise of the administrative agency. In such case, election; and (Art. V, 1987
although the matter is within the jurisdiction of the Constitution, Sec. 1)
court, it must yield to the jurisdiction of the 5. Not otherwise disqualified by law
Exceptionsadministrativetocase.the Doctrine of Primary Disqualifications for the exercise of suffrage

(SCI)
1. Where there is estoppel on the part of the party 1. Sentenced by final judgment to suffer
Jurisdiction
invoking the doctrine; imprisonment for not less than one year, unless
2. Where the challenged administrative act is granted a plenary pardon or granted amnesty;
patently illegal, amounting to lack of 2. Conviction by final judgment of any of the
jurisdiction; following:
3. Where there is unreasonable delay or official a. Crime involving disloyalty to the
inaction that will irretrievably prejudice the government;
complainant; b. Violation against national security; or
4. Where the amount involved is relatively small c. Firearms laws
so as to make the rule impractical and NOTE
oppressive;
5. Where the question involved is purely legal and : The right to vote is reacquired upon
will ultimately have to be decided by the courts expiration of five years after service of
of justice; sentence referred to in the two preceding
6. Where judicial intervention is urgent; items.
7. When its application may cause great and (OEC, Art. XII, Sec. 118).
3. Insanity or incompetence as declared by
irreparable damage; competent authority
8. Where the controverted acts violate due NOTE
process; : These are the same grounds for
9. When the issue of non-exhaustion of Voter’s Registration Act of 1996.
disqualification to register as a voter under Sec. 11
administrative remedies has been rendered of R.A. 8189,
10. When there is no other plain, speedy and
adequate remedy;
11. When strong public interest is involved; and
moot; REGISTRATION AND DEACTIVATION
In quo warranto proceedings. Registration

12. November 27, 2013) (The Province of is the act of accomplishing and filing a
Aklan v. Jody King Construction and
sworn application for registration by a qualified
voter before the election officer of the city or
Development Corp., G.R. Nos. 197592 & 202623,
ELECTION LAW municipality wherein he resides and including the

same in the book of register ed voters upon approval
by the Election regi stration Board.It does not confer

[RA . 8189, V ter’s
the right to vote; it is but a condition precedent to
SUFFRAGE Registra ion Act of 1996,Sec. 3(a)]

Suffrage is the right and obligation of qualified (Yra v. Abano, G.R. No. 30187,
the exercise of the right. Registration is a regulation,

citizens to vote in the election of certain local and November 5, 1928)
national officers and in the determination of not a qualification.

questions submitted to the people. It includes Kinds of registration system
within its scope election, plebiscite, initiative and
referendum. 1.
Right of suffrage not absolute 2.
Continuing; and
(Nachura, 2014)
Computerized.

System of continuing registration service of sentence as certified by the clerk of
GR: It is a system where the application of court.

registration of voters shall be conducted daily in the 2. Any person who has been adjudged by a final
office hours of the election officer during regular judgment by a competent court or tribunal pf
office hours. having caused/committed any crime involving
XPN: disloyalty to the duly constituted government
No registration shall be conducted during the such as rebellion, sedition, violation of the anti-
(R.A. 8189, Sec.
period starting 120 days before a regular election subversion and firearm laws, or any crime
8)
and 90 days before a special election. against national security, unless restored to his
full civil and political rights in accordance with
Q: Kabataan Party-List assailed the law;

constitutionality of RA 10367, which directs
COMELEC to implement a mandatory biometrics NOTE: The right to vote may be regained
registration system for new voters and those automatically upon expiration of five years
registered voters whose biometrics have not after service of sentence.
been captured shall submit themselves for
validation. In compliance, COMELEC 3. Any person declared by competent authority to
implemented rules and regulations prescribing be insane or incompetent unless such
the procedure for validation, deactivation, and disqualification has been subsequently
reactivation of voters’ registration records removed by a declaration of a proper authority
(VRRs). Kabataan Party-List claimed that RA that such person is no longer insane or
10367 is unconstitutional because biometric incompetent;
validation is not different from the
unconstitutional requirement of literacy and 4. Any person who did not vote in the two
property because mere non-validation already successive preceding regular elections as
absolutely curtails the exercise of the right of shown by their voting records. For this purpose,
suffrage through deactivation. Is RA 10367 regular elections do not include SK elections;
unconstitutional?
A: NO.
5. Any person whose registration has been
The Court ruled that the right to vote is not a ordered excluded by the Court;
natural right but is a right created by law. Suffrage (R.A. 8189, Sec. 27)
is a privilege granted by the State to such persons or 6. Any person who has lost his Filipino citizenship.
classes as are most likely to exercise it for the public INCLUSION AND EXCLUSION PROCEEDINGS
good. A registration requirement rises to the level of
a literacy, property or other substantive Who may file, period of filing; and grounds
requirement as contemplated by the Framers of the

Constitution - that is, one which propagates a socio- Inclusion Exclusion
economic standard which is bereft of any rational

basis to a person's ability to intelligently cast his Who
vote and to further the public good - the same may file
cannot be struck down as unconstitutional. Court person whose voter in the city
definitively characterized registration as a form of OEC
regulation and not as a qualification for the right of application was or municipality.
suffrage – “biometrics refers to a quantitative disapproved by ( , Sec. 142)
analysis that provides a positive identification of an the Election
individual such as voice, photograph, fingerprint, Registration
(KABATAAN PARTYLIST V. COMELEC, Board.
signature, iris, and/or such other identifiable 2. Representative
G.R. NO. 189868, DECEMBER 15, 2009, PER J.
features." of political party

PERLAS-BERNABE)
Deactivation 2. Those whose
names were
stricken out 3.Election officer
OEC (R.A. 8189,
It is the removal from the registration records from from the list of Sec.39).
the precinct books of voters and places the same, voters. ( ,
properly marked and dated in indelible ink, in the Sec. 139)
inactive file after entering the cause of deactivation. 3. COMELEC 4. COMELEC

Grounds for deactivation
Period
for
1. Any person who has been sentenced by final filing
judgment to suffer imprisonment for not less

105 days before except100 days
than one year, such disability not having been regular election before a regular
removed by plenary pardon or amnesty; or 75 days election or 65
NOTE: before a special days before a

(COMELEC (COMELEC
The right to vote may be automatical ly election special election
reacquired upon expiration of fiveyears after
47
POLITICAL LAW
Resolution No. Resolution No. d. Any citizen of the Philippines abroad

8820). 9021). previously declared insane or incompetent
Ground by competent authority in the Philippines
s or abroad, as verified by the Philippine
for registration for possessing embassies, consulates or Foreign Service
has been disqualification; establishments concerned, unless such
disapproved by competent authority subsequently certifies
2. Flying voters; (R.A. 10590, Sec. 5, amending
the board; or that such person is no longer insane or
incompetent
2. Name has 3. Ghost voters. DETAINEE VOTING
been stricken
or R.A. 9189).
outfrom, the list.
LOCAL AND OVERSEAS ABSENTEE VOTING Detainee voting (either through the special polling
place inside jails or escorted voting) may be availed
Local absentee voting

of by any registered detainee whose registration is
not transferred/deactivated/ cancelled/ deleted.
It refers to a system of voting whereby government *See Resolution No. 9371 dated March 6,2012
(Sec. 1 of Resolution No. 9371, March 6,2012,

officials and employees, including members of the CANDIDACY
COMELEC.)
Armed Forces of the Philippines (AFP), and the
Philippine National Police (PNP), media Candidate

practitioners including their technical and support
staff who are duly registered voters, are allowed to
vote for the national positions in places where they
are not registered voters but where they are It refers to any person aspiring for or seeking an
[COMELEC Resolution 9637, Sec. 1(a), elective public office, who has filed a Certificate of
temporarily assigned to perform election duties on

13 February 2013.] Candidacy (CoC) by himself or through an
election day. [OEC,Sec. 79(a)].
accredited political party, aggroupment or coalition
Overseas Voting of parties

Any person may thus file a CoC on any day within
[R.A. the prescribed period for filing a CoC, yet that

The process by which qualified citizens of the
10590, Sec. 3(k), amending R.A. 9189, Sec. 3]
person shall be considered a candidate, for
Philippines abroad exercise their right to vote. purposes of determining one’s possible violations of
election laws, only during the campaign period.
1. Qualifications QUALIFICATIONS AND DISQUALIFICATIONS OF
(Penera v. COMELEC, G.R. No. 181613, November 25,

2009; R.A. 9369, Poll Automation Law, Sec. 15)
a. Filipino citizens abroad; CANDIDATES

b. At least 18 years of age on the day of Qualifications of Candidates
elections; and
c. Not otherwise disqualified by law. I. National level
2. Disqualifications A. For President and Vice-President

1. Natural- born citizen;
a. Those who have lost their Filipino 2. At least 40 years old on the day of the
citizenship in accordance with Philippine election;
laws; 3. Able to read and write;

b. Those who have expressly renounced their 4. Registered voter; and
Philippine citizenship and who have 5. Resident of the Philippines for at least10
pledged allegiance to a foreign country, 1987 Constitution, Art. VII,
years immediately preceding the day of the

except those who have reacquired or Sections 2 and 3)
retained their Philippine citizenship under election. (
R.A. 9225;
c. Those who have committed and are B. For Senator
convicted in a final judgment by a 1. Natural- born citizen;
Philippine court or tribunal of an offense 2. At least 35 years old on the day of the
punishable by imprisonment of not less election;
than one year, such disability not having 3. Able to read and write;
been removed by plenary pardon or 4. Registered voter; and
amnesty: Provided, however, that any 5. Resident of the Philippines for not less
person disqualified to vote under this 1987 Constitution, Art.
than two years immediately preceding the

subsection shall automatically acquire the VI,Sec. 3)
right to vote upon the expiration of five day of the election. (

years after service of sentence; and

II. Local level 11. Convicted by final judgment for violating the
12. oath of alleg iance to the Republic;
Dual citizenship (more specifically, dual

A. For District Representatives 13. allegiance)
1. Natural-born citizen; Fugitives from justice in criminal or non-
2. Registered voter in the district in which he 14. political cases here or abroad;
shall be elected; Permanent residents in a foreign country or
3. Resident of the same district for a period those who have acquired the right to reside
not less than one year immediately 15. abroad and continue to avail of the same right;
preceding the day of the election; 16. Insane or feeble-minded;
4. Able to read and write; and 17. Nuisance candidate;

1987 Constitution, Art. VI, Sec. 6)
5. At least 25 years old on the day of the
18. Violation of Sec. 73 OEC with regard to CoC; or
election. ( Violation of Sec. 78 on material
misrepresentation in the COC.

B. For Governor, Vice Governor, Mayor, Vice-Mayor, FILING OF CERTIFICATES OF CANDIDACY
(1994, 2005 Bar)
Punong Barangay and Sangguniang Members EFFECT OF FILING

1. Citizen of the Philippines;
2. Registered voter in the barangay, No person shall be eligible for any elective public
Sangguniang (OEC, Sec. 73)
municipality, city, or province or, in the office unless he files a sworn certificate of candidacy
Panlalawigan Sangguniang Panlungsod
case of a member of the within the period fixed herein.
,
Sangguniang Bayan , or
, the district where he
The certificate of candidacy shall be filed by the
intends to be elected; candidate personally or by his duly authorized
3. Resident therein for at least one year representative at any day from the commencement
immediately preceding the day of the of the election period but not later than the day
election; before the beginning of the campaign period. In
(R.A. 7160 Local
4. Able to read and write Filipino or any other cases of postponement or failure of election, no
Government Code of the Philippines, Sec. 39)
local language or dialect. additional certificate of candidacy shall be accepted
(OEC,Sec. 75)
except in cases of substitution of candidates.
NOTE: A CoC evidences candidate’s statutory eligibility to

1.Congress may not add to qualifications for elective be elected for an elective post. It is the document
(Tagolino v. HRET and Lucy Torres-
officials provided in the Constitution; and which formally accords upon a person the status of
Gomez, G.R. No. 202202, March 19. 2013)
2. Qualifications prescribed by law are continuing a candidate.
Frivaldo v.
requirements and must be possessed for the

COMELEC, G.R. No. 87193, June 23, 1989)
duration of the officer’s active tenure. (
NOTE: A CoC may be amended before the elections,
even after the date of its filing.

Grounds for disqualification (1994, 1999, 2010
Bar) SUBSTITUTION AND WITHDRAWAL OF
1. Declared as incompetent or insane by Substitution
CANDIDATES
2. competent authority;
Convicted by final judgment for subversion,
insurrection, rebellion, or any offense for which An official candidate of a duly registered political
he has been sentenced to a penalty of 18 months party or coalition who dies, withdraws, or is
3. imprisonment; disqualified for any cause after the last day for the
Convicted by final judgment for a crime filing of CoCs may be substituted by a candidate
4. involving moral turpitude; belonging to, and nominated by, the same political
5. Election offenses under Sec. 261 of the OEC; party or coalition.
Committing acts of terrorism to enhance
6. candidacy No substitute shall be allowed for any independent
Spending in his election campaign an amount in candidate.
7. excess of that allowed;
Soliciting, receiving, or making prohibited The substitute for a candidate, who died or is
8. contributions; disqualified by final judgment, may file a CoC up to
Not possessing qualifications and possessing mid-day of Election Day; that, the
disqualifications under the Local Government substitute and the substituted
have the same
Provided
9. Code; surnames.
Sentenced by final judgment for an offense
involving moral turpitude or for an offense If the death or disqualification should occur
punishable by one year or more of between the day before the election and mid-day of
imprisonment within two years after serving Election Day, the substitute candidate may file a CoC
10. sentence; with any Board of Election Inspectors, Election
Removed from office as a result of an Officers, Provincial Election Supervisor, or Regional
administrative case; Election Director, as the case may be, in the political
49
POLITICAL LAW
subdivision where such person is a candidate, or in 2. Cause confusion among the voters by the
the case of a candidate for President, Vice-President similarity of the names of the registered
or Senator, with the Law Department; that, candidates; or
the substitute and the substituted candidate have
3. Clearly demonstrate that the candidate has no
Provided
the same surnames. intention to run for the office for
which the CoC has been filed and thus prevent a
(COMELEC Resolutio n 9984, bona fide
faithful determination of the true will of the
August 18, 2015)
Requisites for valid substitution electorate.

(OEC, Sec. 69)
1. The substitute must belong to the same party or CERTIFICATES
MINISTERIAL DUTY OF COMELEC TO RECEIVE
coalition; and GR:

2. The deceased,
disqualified or withdrawn The COMELEC shall have the ministerial duty to
candidate must have duly filed a CoC. receive and acknowledge receipt of the certificates
NOTE: valid of candidacy. , that said certificates are
The second requisite is a condition sine under oath and contain all the required data and in
Pr vided
qua non. the form prescribed by the Commission. (

(Tagolino v. HRET and Lucy Torres- OEC, Sec.
Gomez, G.R. No. 202202, March 19. 2013) 7; Cerafica v. COMELEC, G.R. No. 205136, December 2,
Q: Raphael and Angelo filed their CoCs for the 2014)

petition to disqualify Raphael, alleging that COMELEC may go beyond the face of the CoC
Raphael still filed his CoC despite knowing that in the following:
position of Mayor of Lucena City. Angelo filed a XPNs:
Lucena City. COMELEC First Division 1. Nuisance candidates

disqualified Raphael. Marian, the wife of 2. Petition to deny due course or to cancel a
he had exceeded the 3-term limit as Mayor of (OEC, Sec. 69);
husband, Raphael. Can Marian validly substitute 3. Filing of a disqualification case on any of the
(OEC, Sec. 78); or

her husband? grounds enumerated in
Raphael, filed her own CoC in substitution of her CoC

Sec. 68, OEC.
A: NO. A disqualified candidate may only be LAW
REMEDIES AND JURISDICTION IN ELECTION
substituted if he had a valid CoC in the first place PETITION NOT TO GIVE DUE COURSE TO OR
because, if the disqualified candidate did not have a CANCEL A CERTIFICATE OF CANDIDACY
valid and seasonably filed CoC, he is and was not a
candidate at all. If a person was not a candidate, he
cannot be substituted under Sec. 77 of the OEC. If we A verified petition seeking to deny due course to a
were to allow the so-called "substitute" to file a certificate of candidacy may be filed by any person
"new" and "original" CoC beyond the period for the exclusively on the ground that material
filing thereof, it would be a crystalline case of representation contained therein as required is
unequal protection of the law. Thus, there was no false. The petition may be filed not later than 25
valid candidate for Marian to substitute due to days from the time of filing of the certificate of
sine qua non candidacy, and shall be decided, after due notice and
Raphael’s ineligibility. The existence of a valid CoC hearing, not later than 15 days before the election.
is therefore a condition for a motu proprio
disqualified candidate to be validly substituted

202202, March 19. 2013).
In addition, the COMELEC may or
upon verified petition refuse to give due course to
(Tagolino v. HRET and Lucy Torres-Gomez, G.R. No.

or cancel a certificate of candidacy if show that it
1. Put the election process in mockery or disrepute;
NUISANCE CANDIDATES was filed:
Any registered candidate for the same office may file 2. Cause confusion among the voters by the
similarity of the names of the registered
a petition to declare a duly registered candidate as a candidates; or
nuisance candidate, personally or through duly bona fide
R.A. 6646 3. Clearly demonstrate that the candidate has no
authorized representative with COMELEC, within

(The Electoral Reforms Law of 1987), Sec. 5]
intention to run for the office for
five days from the last day of filing of CoC. [ which the CoC has been filed and thus prevent a
Grounds faithful determination of the true will of the
electorate.
(OEC, Sec. 69)
The COMELEC may motu proprio or upon verified PETITION FOR DISQUALIFICATION
petition refuse to give due course to or cancel a It is the remedy against any candidate who does not
certificate of candidacy if shown that it was filed to: possess all the qualifications required by the
Constitution or law, or who commits any act
1. Put the election process in mockery or COMELEC Rules of Procedure, Rule 25, Sec.1
declared by law to be grounds for disqualification.
disrepute; ( )

Grounds for disqualification and hearing of the action, inquiry or protest and
upon motion of the complainant or any intervenor,
1. Any person who has been declared by may, during the pendency thereof, order the
competent authority insane or incompetent, or suspension of the proclamation of such candidate
has been sentenced by final judgment for whenever the evidence of his guilt is strong.
subversion, insurrection, rebellion, or for any FAILURE OF ELECTION, CALL OF SPECIAL

offense for which he has been sentenced to a ELECTION
(OEC, Sec . 12)
penalty of more than 18 months or for a crime
involving moral turpitude ; Grounds for failure of elections

2. Any candidate who, in action or protest in
which he is a party, is declared by final decision
guilty of or found by COMELEC of having:
a. Given money or other material Failure of elections may be declared in the following
consideration to influence, induce or cases:
corrupt the voters of public officials force
1. The election in any polling place has not been
performing electoral functions; majeure

held on
the date fixed on account of
b. Committed acts of terrorism to enhance his , violence, terrorism, fraud, or other
candidacy; analogous causes;
c. Spent in his election campaign an amount 2. The election in any polling place had been
in excess of the allowed; and force
suspended before the hour fixed by law for the

d. Solicited, received or made any majeure,
(OEC, Sec. 68) closing of the voting on account of
contribution prohibited under the Omnibus violence, terrorism, fraud, or other
Election Code. analogous causes; and

3. Any person who is a permanent resident of or 3. After the voting and during the preparation and
an immigrant to a foreign country, unless said transmission of the election returns or canvass
person has waived his status as permanent force majeure

(OEC, Sec. 68) thereof such election results in failure to elect
resident or immigrant of a foreign country. (Banaga Jr. v. COMELEC, G.R.
on account of , violence, fraud or
No. 134696, July 31, 2000)
NOTE: analogous causes.
R.A. 9225expressly provides for the NOTE:

conditions before those who re-acquired Filipino There is failure of elections only when the
citizenship may run for a public office in the (Benito v. COMELEC, G.R. No. 134913,
will of the electorate has been muted and cannot be
Philippines. Jan. 19, 2001)
ascertained .
Petition to deny due course to or cancel CoC and Failure of Elections vs. Postponement of
petition for disqualification Elections
PETITION TO DENY
PETITION FOR FAILURE OF POSTPONEMENT OF
DUE COURSE TO OR
ELECTIONS ELECTIONS
DISQUALIFICATION
CANCEL CoC
a Force Majeure
of material OEC, or Sec. 40 of the b. Violence
representation in the LGC. c. Terrorism
said certificate that is d. Loss or destruction of election
false. paraphernalia
Definition
certificate is cancelled disqualified under Sec. e. Other analogous cases
or denied due course 68 is merely prohibited

under Sec. 78 is not to continue as a affect results of to have free and
treated as a candidate candidate. As to when the grounds must exist
at all, as if he never elections . orderly elections .
filed a CoC.
has been denied due disqualified under Sec. any time before before voting.
course or cancelled 68 can be validly As to procedure
under Sec. 78 cannot substituted under Sec. proclamation.
be substituted 77 of the OEC because
because he is never he remains a candidate

considered as until disqualified. motu
any interested any interested
candidate. proprio
person person or
by
Effect f Disquali ication 2. Due Notice; and en banc
Final judgment before election 3. Hearing. COMELEC
1. – The candidate 2. Due notice; and
shall not be voted for, and the votes cast for him As to effects
2. No final judgment until after election and receives 3. Hearing.
shall not be counted
the hig hest number of votescontinuetheelection – The
Court or Commission shall with the trial
51
COMELEC, G.R. No. 182221, February 2, 2010) (Sao v.
proper for a pre-proclamation controversy.
Failure of elections; postponed; and Effect of filing of pre-proclamation controversy
and 2. Conduct elections

2. Holding of reasonably close to
continuation of elections not held, 1. The period to file an election contest shall be
elections but not later than suspended during the pendency of the pre-
reasonably close to 30 days from proclamation contest in the COMELEC or the
election not held, cessation of cause. Supreme Court;
but not later than 2. The right of the prevailing party in the pre-
30 days from proclamation contest to the execution of
cessation of cause. COMELEC’s decision does not bar the losing

Call for Special Elections party from filing an election contest; and
3. Despite the pendency of a pre-proclamation
If Ground is Failure of Elections contest, the COMELEC may order the
, the holding proclamation of other winning candidates
election
of the elections must be reasonably close to whose election will not be affected by the
and must not be held later than 30 days outcome of the controversy.
from cessation of cause. ELECTION PROTEST

If the gr und is Postpo em nt of Elections, the Nature and purpose of an election contest
conduct of the elections not held must not be held
later than 30 days from cessation of cause. It is a special summary proceeding the object of
PRE-PROCLAMATION CONTROVERSY which is to expedite the settlement of controversies
between candidates as to who received the majority
of legal votes.
NOTE
Pre-proclamation controversy refers to any liberally constru d
question pertaining to or affecting the proceedings to be to the end that the will of
of the BoC, which may be raised by any candidate or the people in the choice of public officers may not be
by any registered political party or coalition of defeated by mere technical objections. It is
political parties, or by any accredited and imperative that his claim be immediately cleared
(COMELEC Resolution
participating party list group, before the Board or not only for the benefit of the winner but for the
No. 8804, Rule 3, Sec. 1)
directly with the COMELEC. sake of public interest, which can only be achieved
by brushing aside technicalities of procedure which
(Vialo go v. COMELEC, G.R. No. 194143, October 4,
protract and delay the trial of an ordinary action.

Q: Sao was an official candidate for Municipal 2011)
Mayor. Que ran for the same position. Sao
alleged to have witnessed an anomalous activity Where election protests can be filed
that affected the integrity of several election
returns (ER). During the canvassing, Sao sought COMELE
for the exclusion of the contested ERs on the 1. C – It is the sole judge of all contests
grounds of massive fraud, illegal proceedings, relating to elections, returns, and qualifications
tampered/falsified and obviously manufactured of all elective regional, provincial and city
returns. He alleged that the oral objections were officials (reviewable by SC under Rule 64 using
timely made, and the written petition for Rule 65);
Petition for Exclusion was filed with the NOTE: en banc
(2001 Bar).
Municipal Board of Canvassers (MBOC). Were Decisions
are of COMELEC
the allegations raised by Sao on the contested appealable to SC

ERs proper in pre-proclamation controversy? 2. ti l Ele toral Tribunal –Against the
A: NO unsubstantiated SET
President and Vice President;
. The issues raised by Sao HRET –
3. – Against a senator;
were not proper for a pre-proclamation 4. RTC Against a representative;
controversy. Pre-proclamation controversy is 5. – Over contests for municipal officials
summary in character which must be promptly MeTC or MTC
which may be appealed to COMELEC; and
decided. Hence, the Board of Canvassers (BOC) will 6. – For barangay officials which
not look into allegations of irregularity that are not may be appealed to COMELEC.
apparent on the face of ERs that appear otherwise Grounds for the filing of election protests
authentic and duly accomplished. The Court found
that there is absolutely no indication that the
contested ERs were falsified or tampered with.
Claims that contested ERs are obviously 1. Fraud;
manufactured or falsified must be evident from the 2. Vote-buying;
face of the said documents. As such, there was no 3. Terrorism;
valid ground to delay the proclamation, since the 4. Presence of flying voters;
unsubstantiated issued raised by Sao were not 5. Misreading or misappreciation of ballots;

6. Disenfranchisement of voters; of the protestee or the validity of his proclamation.

7. Unqualified members of board of election Once the competent tribunal has acquired
inspector; and jurisdiction over an election protest or a petition for
8. Other election irregularities. quo warranto, all questions relative thereto will
NOTE: have to be decided in the case itself and not in

Pendency of election protest is not sufficient another proceeding.
basis to enjoin the protestee from assuming office.
(Villamor v. COMELEC, G.R. No.
169865, July 21, 2006)
Requisites for an execution pending appeal in Q: In March 2013, COMELEC First Division issued
election protest cases a resolution cancelling Jeninah’s CoC on the
1. It must be upon motion by the prevailing party requirements of the Citizenship Retention and
ground that she is not a citizen of the Philippines

with notice to the adverse party; Re-acquisition Act of 2003. On April 8, 2013,
because of her failure to comply with the
2. There must be good reasons for the said Jeninah filed an MR claiming that she is a
execution; and natural-born Filipino citizen, but it was denied
3. The order granting the said execution must state
the good reasons however, was proclaimed the winner of the May
(Navarosa v. COMELEC, G.R. No. by COMELEC on May 14 for lack of merit and
157957, September 18, 2003) declared it final and executory. Jeninah,
QUO WARRANTO 2013 elections, and took her oath of office but is
yet to assume office on June 30, 2013. Jeninah
warranto proceeding for an elective office contends that COMELEC lost jurisdiction
warrant refers to an election contest relating to exclusive jurisdiction to be the “sole judge of all
pursuant to Sec. 17, Art. 6 of the 1897

the qualifications of an elective official on the contests relating to the election, returns and
Quo Constitution which states that HRET has the

Re
whether ublic of the Philippines. qualifications” of the Members of the HOR. Is the
ground of (1) ineligibility or (2) di loyalty to
respondent possesses all the qualifications and

none of the disqualifications prescribed by law.
A: NO. The Court has invariably held that once a
The issue is contention of Jeninah correct?
Election protest vs.Quo warranto case under the winning candidate has been proclaimed, taken his
(A.M. No. 07-4-15-SC, May 15, 2007)
OEC (2001, 2006 Bar) oath, and assumed office as a Member of the HOR,
the COMELEC's jurisdiction over election contests
BASIS ELECTION QUO relating to his election, returns, and qualifications

PROTEST WARRANTO ends, and the HRET's own jurisdiction begins. Here,
(2009 Bar) Jeninah, the winning candidate cannot be
considered a Member of the HOR because,
candidate for is a registered primarily, he has not yet assumed office. To repeat
what has earli er been said, the term of office of th a
Who may the same office voter in the Member of the HOR begins only “at noon on the 30
file for which the constituency day of June next following their election.” Thus, until
winner filed his where the such time, the COMELEC retains jurisdiction.
COC. winning
candidate sought LOCAL GOVERNMENTS (Reyes
v. COMELEC, G.R. No. 207264, June 25, 2013)
to be disqualified
ran for office. PRINCIPLES OF LOCAL AUTONOMY

the majority or candidate who
plurality of the was proclaimed The principle of local autonomy essentially means
votes which and elected decentralization. Autonomy is either (1)
were legally should be decentralization of administration or (2)
Issue/s cast? disqualified decentralization of power.
Whether there ineligibility or
were disloyalty to the

administration
because of Decentralization of administrat
irregularities in Philippines. There is decentralization of when

the conduct of the central government delegates administrative
the election powers to political subdivisions in order to broaden
which affected the base of government power and in the process
its results. make local governments ‘more responsive and
Effect of filing an election protest or a petition more accountable’ and ensure their fullest
for quo warranto development as self-reliant communities and make
them more effective partners in the pursuit of
national development and social progress.

Generally, it bars the subsequent filing of a pre- Decentralization of power
proclamation controversy or a petition to annul

proclamation. It also amounts to the abandonment
of one filed earlier, thus, depriving the COMELEC of On the other hand, decentralization of power
the authority to inquire into and pass upon the title “involves as abdication of political power in favor of
53
POLITICAL LAW
local government units declared to be autonomous. human rights, local government units, public works,
This is termed as ( social services, tourism, and trade and industry.
devolution. The Local Government
Code Revisited 2011 Ed., p. 8, Aquilino Pimentel, Jr.
) President exercises general supervision
TO THE NATIONAL GOVERNMENT The President shall exercise general supervision

over autonomous regions to ensure that the laws
AUTONOMOUS REGIONS AND THEIR RELATION
Autonomous Regions are faithfully executed.
(Sec. 16, Art. X, 1987

Constitution)
Provinces, cities, municipalities, and geographical national government responsible for defense
areas sharing common and distinctive historical and and security
Local police responsible for peace and order but
cultural heritage, economic and social structures,

and other relevant characteristics. The preservation of peace and order within the
(Sec. 15, Art. X,
Autonomous region is a form of local
regions shall be the responsibility of the local police
1987 Constitution)
government agencies which shall be organized, maintained,

supervised, and utilized in accordance with
applicable laws. The defense and security of the

The inclusion of autonomous regions in the regions shall be the responsibility of the National
enumeration of political subdivisions of the State Government.
under the heading "Local Government" indicates LOCAL GOVERNME NT UNITS
(Sec. 21, Art. X, 1987 Constitution)

quite clearly the constitutional intent to consider
autonomous regions as one of the forms of local POWERS
governments. (Kida v. Senate, GR No. 196271,
autonomous regions only in Muslim Mindanao The following powers of LGUs:
February 28, 2012)

and Cordilleras a. Police Power
Constitution mandates the creation of
b. Eminent Domain
c. Taxation
There shall be created autonomous regions in d. Legislative Power
Muslim Mindanao and in the Cordilleras within the POLICE POWER (GENERAL WELFARE CLAUSE)
framework of the Constitution and the national
sovereignty as well as territorial integrity of the Nature of police p wer
Republic of the Philippines.
(Sec. 15, Art. X, 1987
Constitution) . The police power of the LGU is not inherent. LGUs
The Congress shall enact an organic act for each (LGC, Sec. 16,).
exercise the police power under the general welfare
autonomous region The organic act shall define the clause
basic structure of government for the region General welfare lause
consisting of the executive department and
legislative assembly, both of which shall be elective
and representative of the constituent political units. LGUs shall exercise powers that are necessary,
The organic acts shall likewise provide for special appropriate, or incidental for its efficient and effective
courts with personal, family, and property law governance, and those which are essential to the
jurisdiction consistent with the provisions of this promotion of general welfare. Within their respective
Constitution and national laws. territorial jurisdiction, LGUs shall ensure and support,
among other things, the preservation and enrichment
NOTE: (Sec. 18, Art. X, 1987 of culture, promote health and safety, enhance the
Constitution)
As of now (2019), there is only one right of the people to a balanced ecology, encourage
autonomous region created -- the Autonomous and support the development of appropriate and self-
Region in Muslim Mindanao (ARMM). Several reliant scientific and technological capabilities,
attempts have been made in the Cordilleras to improve public morals, enhance economic prosperity
create an autonomous region but has repeatedly and social justice, promote full employment among its
failed. residents, maintain peace and order, and preserve the
Organic Law for the Bangsamoro Autonomous comfort and convenience of their inhabitance.
(R.A.
7160, Sec. 16)
egion in Muslim Mindanao (RA 11054)
R.A. No. 11054 abolished ARMM and placed in its 1. General Legislative Pow – Authorizes the
Two branches of the General Welfare Clause
stead the Bangsamoro Autonomous Region in repugnant
Muslim Mindanao (BARMM). It also created the municipal council to enact ordinances and
Bangsamoro Government which has exclusive make regulations not to law, as
powers over some matters including budgeting, may be necessary to carry into effect and
administration of justice, agriculture, disaster risk discharge the powers and duties conferred
reduction and management, ancestral domains, upon the municipal council by law.

P
2. Police Power proper – Authorizes the expropriation proceeding over a particular
municipality to enact ordinances as may be private property.
necessary and for the health and NOTE:

safety, prosperity, morals, peace, good order,
LGU cannot authorize an expropriation of
comfort, and convenience of the municipality private property through a mere resolution of its
and its inhabitants, and for the protection of lawmaking body.
their property 2. It must be for ublic use, purpose, or welfare
(Rural Bank of Makati v.

Requisites/limitations for the proper exercise
or for the benefit of the poor or landless
Municipality of Makati, July 2, 2004). P
Property already devoted to public use

may not be taken for another public use.
of the pol ce power (PREN) NOTE: (City of
1. The interests of the public generally, as 14355, October 31, 1919)

distinguished from those of a particular class, C
Manila v. Chinese Community of Manila, G.R. No. L-
require the interference of the state( 3. There must be payment of just ompensation
) Equal O
2. The means employed are easonably necessary 4. A valid and definite ffer has been
Protection Clause
oppressive Due Process previously made to the owner of the property

for the attainment of the object sought to be (Municipality of Paranaque v.
Clause sought to be expropriated, but said offer was

accomplished and not duly ( V.M. Realty Corporation, G.R. No. 127820. July
not accepted.
3. Exercisable only within the territorial limits of Satisfaction of “public use” requirement
the LGU, except for protection of water supply
) 20, 1998)
4. Must not be contrary to the Constitution and the

laws. In case only a few could actually benefit from the
(LGC, Sec. 16)
NOTE: expropriation of the property, the same does not

(Lucena Grand Central v. diminish its public use character. It is simply not
There must be a concurrence of a lawful
JAC, G.R. No. 148339 February 23, 2005)

possible to provide for all at once, land and shelter,
subject and lawful method. for all who need them. Corollary to the expanded
Tests when police power is invoked as the notion of public use, expropriation is not anymore
rationale for the valid passage of an ordinance confined to vast tracts of land and landed estates. It
is therefore of no moment that the land sought to
R tional relationship t t– be expropriated is less than half a hectare only.

1. An ordinance must Through the years, the public use requirement in
Strict scrutiny test – eminent domain has evolved into a flexible concept,
pass the requisites as discussed above. influenced by changing conditions. Public use now
2. The focus is on the presence includes the broader notion of indirect public
of compelling, rather than substantial, (Philippine Columbian
benefit or advantage including in particular, urban

governmental interest and on the absence of less Association v. Panis, G.R. No. L-106528, Dec. 21, 1993)
(Fernando v. St. Scholastica’s College, G.R. No. land reform and housing.
restrictive means for achieving that interest.

161107, March 12, 2013)
Satisfaction of “genuine necessity”
requirement
The right to take private property for public
EMINENT DOMAIN
Local government units have no inherent power of purposes necessarily originates from “the
eminent domain. Local governments can exercise City of anila v. Ch nese Community
necessity” and the taking must be limited to such
such power only when expressly authorized by the of Manila
Legislature. By virtue of the Local Government necessity. In Moreover,

(Masikip v. City of , it is held that necessity must be of a
Code, Congress conferred upon local government

Pasig, G.R. No. 136349, January 23, 2006) public character. the ascertainment of
units the power to expropriate. City of Manila v.
the necessity must precede or accompany and not

follow the taking of the land. In
Strictly speaking, the power of eminent domain , the necessity within the rule
delegated to an LGU is in reality not eminent but that the particular property to be expropriated
Arellano Law Col ege
“inferior”. The national legislature is still the must be necessary, does not mean an absolute, but
principal of the LGUs, and the latter cannot go only a reasonable or practical necessity, such as
(Beluso v. Municipality of Panay, G.R. No. 153974, would combine the greatest benefit to the public
against the principal’s will or modify the same

August 7, 2006).
with the least inconvenience and expense to the
condemning party and the property owner
Requisites for the valid exercise of the power consistent with such benefit.
(Masikip v. City of Pasig,

G.R. No. 136349, Jan. 23, 2006)
of eminent omain (OPCO)
1. An Ordinance is enacted
by the local Nature of the power of taxation of LGUs
TAXING POWERS
legislative council authorizing the local chief
executive, in behalf of the LGU, to exercise the
power of eminent domain or pursue
55
POLITICAL LAW
It is already well- settled that although the power to treasurer, in the case of a municipality
tax is inherent in the State, the same is not true for within Metropolitan Manila Area, who shall
the LGUs to whom the power must be delegated by decide the protest within sixty (60) days
Congress and must be exercised within the from receipt.
guidelin es and limitations that Congress may Remedies available to the LGUs to enforce the
provide. ( payment of taxes (LGC, Sec. 252)
)
Geron v. Pilipinas Shell, G.R. No. 18763, July
8, 2015
1. Imposing penalties (surcharges and penalty

ARMM’s taxing power interest) in case of delinquency ( (LGC, Sec.
The ARMM has the legislative power to create 2. Availing local government’s liens
LGC, Sec. 168)
sources of revenues within its territorial

jurisdiction and subject to the provisions of the 1987
3. Administrative action through distraint of
173)
Constitution and national laws. goods, chattels, and other personal property
[1987
Q: Can the local governments tax national
4. Judicial action [LGC, Sec. 174(b)]
Constitution,Art. X, Sec. 20(2)] [LGC, Sec. 174(a)]
A: Community tax is a poll or capitation tax which is

government instrumentalities?
Sec. 133 of the LGC states that “unless otherwise imposed upon person who resides within a
provided in the Code, local governments cannot tax specified territory.
national government instrumentalities. This Exempted from the payment of community tax
doctrine emanates from the “supremacy” of
National government over local governments. 1. Diplomatic and consular representatives;

Otherwise, mere creatures of the State can defeat 2. Transient visitors when their stay in
National policies thru extermination of what local the Philippines does not exceed 3 months
authorities may perceive to be undesirable
activities or enterprise using the power to tax as "a Real property axes (LGC,
Sec. 159)
tool for regulation”. ( directly

1991)
Basco v. Philippine Amusements These are imposed on privilege to use real
property such as land, building, machinery, and other
and Gaming Corporation, G.R. No. 91649, May 14,
Main sources of revenues of LGUs improvements, unless specifically exempted.

Elements so that the President may interfere in
1. An unmanaged public sector deficit of the
Taxes, fees, and charges. (1987 Constitution

1. Art. X, Sec. 5) local fiscal atters
I ternal Revenue Allotment national government;
2. (IRA) - Just share 2. Consultations with the presiding officers of
in the national taxes which shall be the Senate and the House of Representatives and
automatically released to them. the presidents of the various local leagues;
NOTE: (1987
3. And the corresponding recommendation of
The current sharing is 40% local and 60% the secretaries of the Department of
Constitution A . X,Sec. 6)
national. The share cannot be reduced except if Finance, Interior and Local Government, and
there is unmanageable public sector deficit. Budget and Management
(Pimentel, Jr. v.
Aguirre, G.R. No. 132988, July 19, 2000).
Requirements for a valid tax ordinance (PUJ-
1. The tax is for a ublic purpose;
NO) 2. The rule on niformity of taxation is LEGISLATIVE POWER

p
observed; u Nature of local legislative powers
3. Either the person or property taxed is It is a fundamental principle that municipal

within the urisdiction of the government ordinances are inferior in status and subordinate
levying the tax; and to the laws of the State. An ordinance in conflict
j
4. In the assessment and collection of certain with a state law of general character and
kinds of taxes, otice and pportunity for statewide application is universally held to be
hearing are provided. invalid. In every power to pass ordinances given
n o
31156, February 27, 1976) to a municipality, there is an implied restriction
(Pepsi-Cola Bottling
that the ordinances shall be consistent with the
Co. v. Municipality of Tanauan, G.R. No. L-
Requisites of valid tax protest in a LGU (PAP) general law.

(Batangas CATV v. Court of Appeals,
G.R. No. 138810, September 29, 2004)
Taxpayer p NOTE:
1. first ays the taxes The rule against undue delegation of
2. There shall be nnotation on the tax legislative powers applies to LGUs. In the case of
receipts the words "paid under protest". 1978) ordinance
3. The rotest in writing must be filed within , a city was declared void because
Villegas v. Tsai Pa Ho (G.R. No. 29646, October 10,
thirty (30) days from payment of the tax to it constituted undue delegation of legislative
the provincial, city treasurer or municipal power to the Mayor. The ordinance did not lay

down any standard to guide the Mayor in the The creation of a temporary vacancy in the office of
exercise of his discretion in the issuance or denial the Governor creates a corresponding temporary
of an alien employment permit. vacancy in the office of the Vice-Governor whenever
The Sanggunian the latter acts as Governor by virtue of such

temporary vacancy. The continuity of the Acting
sanggunian Governor’s (Vice-Governor) powers as presiding

A is a collegial body. Legislation, officer of the SP is suspended so long as he is in such
which is the principal function of the , capacity.

requires the participation of all its members so
sanggunian
that they may not only represent the interests of Under Sec. 49(b), “in the event of the inability of the
their respective constituents but also help in the regular presiding officer to preside at the
making of decisions, by voting upon every session, the members present and
question put upon the body.
constituting a quorum shall elect from among
sa ggunian
themselves a temporary presiding officer”.
(Zamora v. Caballero,
G.R. No. 147767, January 14, 2004)
Gamboa v. Aguirre, G.R. No. 134213, July 20, 1999
No power to subpoena and hold persons in ( )
contempt (1993 Bar) REQUISITES FOR VALID ORDINANCE
The contempt power and the subpoena power 1. Must not contravene the constitution and any
cannot be deemed implied in the delegation of 2. statute u
certain legislative functions to local legislative 3. Must not be p nfair or oppressive
bodies. These cannot be presumed to exist in 4. Must not be artial or discriminatory
favor of the latter and must be considered an 5. Must not rohibit, but may regulate trade
exception to Sec. 4 of B.P. Blg. 337 which provides 6. Must not be reasonable
for liberal rules of interpretation in favor of local Must be p eral in application and Consistent
un
autonomy. Since the existence of these powers with public policy.
gen
poses a potential derogation of individual rights,
the law cannot be liberally construed to have NOTE: (Magtajas v. Pryce Properties
Corporation, Inc., July 20, 1994)
impliedly granted such powers to local legislative The mere fact that there is already a general
bodies. The intention of the people, through their statute covering an act or omission is insufficient to
representatives, to share these powers with the negate the legislative intent to empower the
local legislative bodies must clearly appear in municipality to enact ordinances with reference to
pertinent legislation. the same act or omission under the ‘general welfare
clause’ of the Municipal Charter
(Negros Oriental II Electric
Cooperative Inc., v. Sangguiang Panlungsod ng (United States v.

Dumaguete, G.R. No. L-72492, November 5, 1987) Pascual Pacis, G.R. No. 10363, September 29, 1915).
Local legislative bodies and their presiding LOCAL INITIATIVE AND REFERENDUM
officers
Initiative
governor The legal process whereby the registered voters of
Provi ce - Sangguniang Panlalawigan - Vice-

City - LGU may directly propose, enact or amend any
Sangguniang Panlungsod- City Vice - mayor ordinance (LGC, Sec. 120)
Municipality - Sangguniang bayan - Municipal Vice- Referendum

mayor The legal process whereby the registered voters of
- - the LGU may approve, amend or reject any ordinance
Barangay Sangguniang barangay Punong enacted by the sanggunian (R.A. 7160, Sec. 126)
May an incumbent Vice-Governor, acting as NOTE: Local initiative includes not only ordinances
governor, continue to preside over the sessions of but also resolutions as its appropriate subjects
(Garcia v. COMELEC, G.R. 111230, September. 30,
the Sangguniang Panlalawigan (SP)? If not, who 1994).

may preside in the meantime?
NO. A Vice-Governor who is concurrently an acting Limitations on local initiative
governor is actually a quasi-governor. For purposes
POLITICAL LAW
1. It shall not be exercised for more than once a
of exercising his legislative prerogatives and year.
powers, he is deemed a non-member of the SP for 2. It shall extend only to subjects or matters which
the time being. Being the Acting Governor, the Vice- are within the legal powers of the to
Governor cannot continue to simultaneously enact. sanggunian
exercise the duties of the latter office, since the 3. If at any time before the initiative is held, the
adopts
nature of the duties of the provincial Governor call concerned initiativ the
for a full -time occupant to discharg e them. Such is proposition presented and the local chief
sanggun an toto
not only consistent with but also appears to be the executive approves the same, the e shall
clear rationale of the new Code wherein the policy be canceled. However, those against such action
of performing dual functions in both offices has may, if they so desire, apply for initiative in the
already been abandoned. manner herein provided.
(LGC, Sec. 124)
57
Such are null and void and cannot be
Procedure in conducting local initiative

ratifiedNOTE: or validated.
Sanggu ian
1. Instance when a defective municipal contract may be
ratified
Number of voters who should file petition
with the concerned:

a. Province and cities – not less than 1000 Ratification of defective municipal contracts is
registered voters possible only when there is non- compliance
b. Municipality – at least 100 registered with the requirements of authority of the officer
voters entering into the contract and/or conformity
c. Barangay – at least 50 registered voters with the formal requisites of a written contract
as prescribed by law. Ratification may either be
sanggunian sanggunian
expressed or implied.
2. The
: An act attended only by an irregularity,
concerned has 30 days to act
on the petition. If the does not take

but remainsNOTE within the municipality’s
any favorable action, the proponents may power, is
sanggunian
considered as an act subject to ratification
invoke the .powers of initiative, giving notice to
and/or validationultravires.
3. Proponents will have the following number of
days to collect required number of signatures
Contracts entered into by a local chief executive may be
a. Provinces and cities – 90 days subject to constructive ratification
b. Municipalities – 60 days A loan agreement entered into by the provincial
c. Barangay – 30 days
4. Signing of petition in a public place, before the governor without prior authorization from the
election registrar or his designated
representatives, in the presence of a
anggunian
representative of the proponent and of the
s concerned.
5. Date of initiative is set by COMELEC if the
required number of signatures has been
obtained (LGC, Sec. 122)

ULTRA VIRES ACTS
contracts are those which:

aUltra.arevirentereds into beyond the express, implied
or inherent powers of the LGU; and
b. do not comply with the substantive
requirements of law when expenditure of
public funds is to be emade,.g. there must be an
actual appropriation and certificate of
availability of funds. (Land Bank of the
Philippines v. Cacayuran, G.R. No. 191667, April
17, 2013)
is unenforceable. The money or other property of a party is received
Sngguniang P nlalawigan under such circumstances, independent of express
validity failure toimpugn the
contract, implies an obligation upon the
contract’s S nggunian’sdespite knowledge of its infirmity is
municipality to do justice with respect to the same
an implied ratification that validates the contract. (Ocampo v.
(Province of Cebu v. IAC, G.R. No. 72841, January. 29,
People, G.R. No. 156547-51 & 156382-85, February 4, 2008)
1987).
Doctrine of estoppel does not apply against a
municipal corporation to validate an invalid contract
The cannot be applied as against a SETTLEMENT OF BOUNDARY DISPUTES
municipaldotrinecorporationfestoppel to validate a Boundary Dispute
contract which it has no power to make, or which it is When a portion or the whole of the territorial area
authorized to make only under prescribed conditions,
of an LGU is claimed by two or more LGUs.
within prescribed limitations, or in a prescribed mode or
manner, although the corporation has accepted the Jurisdictional Responsibility for Settlement of Boundary Dispute
rule
benefits thereof and the other party has fully performed Generally, the is to settle boundary disputes between
its part of the agreement, or has expended large sums in and among LGUs amicably. Specifically, boundary
preparation for performance. A reason frequently disputes involving the LGUs are referred for
assigned for this rule is that to apply the doctrine of settlement to the sanggunians concerned. For
estoppel against a municipality in such a case would be to example, those involving: (a) barangays within one
enable it to do indirectly what it cannot do directly. (In municipality or city are referred to the Sangguniang
Re: Pechueco Sons Company v. Provincial Board of Antique, Bayan or the Sangguniang Panglungsod; (b)
G.R. No. L-27038, Jan. 30, 1970) municipalities within the same province to the
Sangguniang Panlalawigan and (c) municipalities or
LIABILITY component cities of different provinces are jointly
referred to the sanggunians concerned.
What is the doctrine of implied municipal liability? The same rule mentioned in paragraph (c) is
A municipality may become obligated, upon an implied
contract, to pay the reasonable value of the benefits
followed when the boundary disputes involve a
accepted or appropriated by it as to which it has the
general power to contract. Applies to all cases where
component city or municipality, on the one hand, and

a highly urbanized city on the other, or between or 2. Office of the Mayor
among highly urbanized cities. ( a. Vice-Mayor; in his absence,
Aquilino Pimentel, Jr b. Highest ranking Sanggunian member;
) The Local in case of the permanent disability of
Government Code Revisited 2011 Ed., p. 275-276,
VACANCIES AND SUCCESSION highest ranking Sanggunian member,

c. Second highest ranking Sangguni an
Vacancy member
3. Office of the Vice Governor or Vice-
Absence should be reasonably construed to mean Mayor
‘effective’ absence, that is, one that renders the a. Highest ranking Sanggunian member;
officer concerned powerless, for the time being, to in case of the permanent disability of
discharge the powers and prerogatives of his/her highest ranking Sanggunian member,
office. There is no vacancy whenever the office is
occupied by a legally qualified incumbent. A 4. Second highest ranking
, there is a vacancy when there is no person member.Office of the
Sanggu
sensu Sanggunian
lawfully authorized to assume and exercise at a. Highest ranking
contrario Pun ng Barangay

(Gamboa, Jr. v. permanent
present the duties of the office. member; in case of the
disability of highest ranking
Classes of vacancies in the elective post member,
Aguirre, G.R. No. 134213, July 20, 1999)
Permanent Vacancy: b. Second highest ranking
anggunian
Sanggunian member
Arises when an elected local official: B. In case automatic succession is not applicable
and there is vacancy in the membership of the
1. Fills a higher vacant office; or it shall be filled up by appointment in
2. Refuses to assume office; or the following manner:
sanggunian,
3. Fails to qualify; or The President, through the Executive

4. Dies; or 1. Secretary,
5. Removed from office; or
shall appoint the political
6. Voluntarily resigns; or nominee of the local chief executive for
7. Permanently incapacitated to discharge the the and
functions of his office. of highly urbanized cities and
sanggun angpanlalawigan
Temporary Vacancy: independent component cities
(LGC, Sec. 44) panlungsod

[LGC, Sec. 45
2. (a)(1)] shall appoint the political
Arises when an elected official is temporarily nominees for the sangguniang
The Governor
incapacitated to perform his duties due to legal or of component cities and the
sangguniang panlungsod
physical reason such as: 3. The concerned [ shall appoint

bayan LGC, Sec. 45 (a)(2)]
1. Physical sickness; the recommendation of the
city or municipal mayor

2. Leave of absence; concerned [
sangguniang
3. Travel abroad; or GR: The successor (by appointment) should
barangay LGC, Sec. 45 (a)(3)]
Arises when an elected official is temporarily come from the same political party as the
incapacitated to perform his duties due to legal or member whose position has become
physical reason such as:
vacant.
s nggunian
1. Physical sickness; XPN: In the case of vacancy in the Sangguniang

2. Leave of absence;
The reason for the rule is to maintain the party
barangay.
3. Travel abroad; or (LGC, Sec. 46) representation as willed by the people in the
4. Suspension from office. election.
1. Automatic succession
Filling f v cancy Hold-over status
2. By appointment In case of failure of elections involving barangay

Rules of
in case of
succession
permanent officials, the incumbent officials shall remain in
(LGC, Sec. 45)

vacancies (1995, 1996, 2002 Bar) office in a hold-over capacity pursuant to R.A. 9164.
(Adap v. COMELEC, G.R. No. 161984, February 21,
A. In case of permanent vacancy in: The “last vacancy” in the Sanggunian
2007)
1. Office of the Governor

a. Vice-Governor; in his absence,
b. Highest ranking Sanggunian member; It refers to the vacancy created by the elevation of
in case of the permanent disability of the member formerly occupying the next higher in
highest ranking Sanggunian member, rank, which in turn also had become vacant by any
c. Second highest ranking Sanggunian of the causes enumerated.
member
59
POLITICAL LAW
Rules on temporary vacancies (2002 Bar) be borne by the COMELEC. For this purpose, the
annual General Appropriations Act (GAA) shall
(LGC,
1. In case of temporary vacancy of the post of the include a contingency fund at the disposal of the
Sec. 75)
local chief executive (leave of absence, travel COMELEC for the conduct of recall elections
abroad, and suspension): the Vice- Governor, City

sangguniang barangay
or Municipal Vice Mayor, or the highest ranking Ground for recall

shall automatically exercise
the powers and perform the duties and functions
loss of confidence
of the local chief executive concerned. Such The only ground for recall of local government
automatic exercise means that they no longer have officials is . It is not subject to
to be appointed to the position by anyone. judicial inquiry. The Court ruled that ‘loss of
(Garcia v. COMELEC, G.R. No. 111511, Oct.
NOTE: confidence’ as a ground for recall is a political

5, 1993)
question.
GR: The acting Governor or Mayor cannot Effectivity of R

call
exercise the power to appoint, suspend or

dismiss employees.
XPN: The recall of an elective local official shall be effective
If the period of temporary incapacity only upon the election and proclamation of a
exceeds 30 working days. successor in the person of the candidate receiving the
highest number of votes cast during the election on
2. If travelling outside his jurisdiction but within the recall.
country for a period not exceeding 3 days, the local
chief executive may designate in writing the officer- Should the official sought to be recalled receive the
LGC, Sec. 72
in-charge of their respective offices. The OIC cannot highest number of votes, confidence in him is thereby
exercise the power to appoint, suspend or dismiss affirmed, and he shall continue in office ( )
employee. Limitations on recall (2008 Bar)

If no designation was made, then the vice governor,
vice mayor, or in his absence, the highest-ranking 1. Any elective local official may be the subject
member of the sanggunianth is authorized to assume of a recall election only once during his term of
the office on the 4 day of absence of the local chief office for loss of confidence; and
executive. 2. No recall shall take place within one (1) year
from the date of the official’s assumption to
(LGC, Sec. 74)
3. If the local chief executive’s travel exceeds 3 days, office or one (1) year immediately preceding
the vice governor or vice mayor, or in his absence, the a regular election
highest ranking sanggunian member assumes the
office of the local chief executive. The Supreme Court held that the term recall referred
not
Termination of temporary incapacity to in the one-year time bar rule refers to the recall
election and the preliminary proceeding to

not prohibited
initiate recall. It is clear that the initiation of recall

sanggun an Claudio
1. Upon submission to the appropriate proceeding is within the one-year
v. COMELEC, G.R. No. 140560. May 4, 2000
of a written declaration by the period provided in Section 74 (b) of the LGC. (
local chief executive concerned that he )
has reported back to office, if the temporary NOTE:
incapacity was due to: The one- year time bar will not apply where
barangay
a.
Leave of absence; the local official sought to be recalled is a mayor
(Angobung v. COMELEC, G.R. No. 126576,
b. Travel abroad; and and the approaching election is a
March 5, 1997)
c. Suspension election.
2. Upon submission by the local chief

TERM LIMITS
executive of the necessary documents
showing that the legal causes no longer Term of office of an elected local official
[LGC, Sec. 46(b)]
exist, if the temporary incapacity was
due to legal reasons

RECALL Three (3) years starting from noon of June 30
bara gay
following the election or such date as may be
provided by law, except that of elective

(LGC, Sec. 43)
It is a mode of removal of a public officer, by the officials, for maximum of 3 consecutive terms in the
people, before the end of his term. The people’s same position
prerogative to remove a public officer is an incident Kabataan B angay Sangguni g

of their soverei gn power, and in the absence of The term of office of and
(Garcia v. COMELEC, G.R.

constitutional restraint, the power is implied in all elective officials, by virtue of RA 9164 and
No. 111511, Oct. 5, 1993)
governmental operations. RA 10742, is three (3) years.
NOTE: NOTE: The objective of imposing the three-term limit
All expenses incident to recall elections shall rule is to “avoid the recall of a single person

accumulating excess power over a particular title.

territorial jurisdiction as a result of a prolonged stay (Cruz v. Sec. of DENR, GR No. 135385, December
in the office”. NOTE: The constitutionality of the law was deemed
6, 2000)
same
For a three-term rule to apply, the local official upheld only because the votes were equally divided
must have fully served the term and been elected 7 to 7. Hence, the necessary majority was not
through regular election. obtained. Accordingly, pursuant to Rule 56, Sec. 7 of
erm limit of Barangay officials the Rules of Civil Procedure, the petition was
dismissed. The presumption of constitutionality of
barangay laws prevailed.Title

The term of office of officials was fixed at
three years under R.A. 9164 Native
Further, Sec.43 (b) provides that "no local elective
official shall serve for more than three (3) title refers to pre- conquest rights to lands
(19 March 2002).
consecutive terms in the same position. The Court and domains which, as far back as memory reaches,
interpreted thissection referring to all local elective have been held under a claim of private ownership
(COMELEC v. Cruz, G.R. No. 186616, Nov. 20, 2009) by ICCs/IPs, have been public lands and are thus
officials without exclusions or exceptions. [Sec. 3(l),
indisputably presumed to have been held that way
NOTE: since before the Spanish Conquest.
Voluntary renunciation of the office for any ncestral Domain
length of time shall not be considered as an
Chapter II, RA 8371]

interruption in the continuity of service for the full
term for which the elective official concerned was
Abundo v. COMELEC, infra.)
All areas generally belonging to ICCs/IPs
elected. comprising lands, inland waters, coastal areas, and
NATIONAL ECONOMY AND PATRIMONY natural resources therein, held under a claim of
(Sec 43(b), LGC; see previous discussion on

ownership, occupied and possessed by ICCs/IPs, by
themselves or through their ancestors, communally
REGALIAN DOCTRINE or individually since time immemorial,

continuously to the present, except when
Q: Explain the concept of regalian doctrine and interrupted by war, force majeure or displacement
its exception, if any. by force, deceit, stealth or as a consequence of
government projects or any other voluntary
dealings with government and/or private

Under the Regalian Doctrine, all lands of individuals or corporations.
whatever classific ation and other natural resources
A: [Sec. 3(a), Chapter II, RA
not otherwise appearing to be clearly within private NATIONALIST AND CITIZENSHIP
8371]
ownership belong to the State. The State is the REQUIREMENT PROVISIONS

source of any asserted right to ownership of land
and charged with the conservation of such

patrimony. . 167707, October Co-production, joint venture or production sharing
8, 2008) (Republic v. Raneses, GR No. 189970, June agreem ent for exploration, development and
The State is the original proprietor of all utilization (EDU) of natural resources:
9, 2014; Sec. of DENR v. Yap, GR No
lands and, as such, is the general source of all private GR:

titles. Filipino citizens or entities with 60%
capitaliz ation owned by Filipino citizens.
(p. 3, Agcaoili, Property Registration Decree
and Other Related Laws, 2015)
The exception is when there is an existing native XPN:

title to land or ownership of land by Filipinos by For large-scale EDU of minerals, petroleum
virtue of possession under a claim of ownership and other mineral oils, the President may enter into
(Carino v. Insular agreements with foreign-owned corporations
since time immemorial and independent of any
Government, GR No. 2869, March 25, 1907)
involving technical or financial agreements only
grant from the Spanish Crown. (Sec. 2, Art XII, 1987 Constitution).
that should have been in the possession of an UTILIZATION OF NATURAL RESOURCES
occupant and of his predecessors in interest since

Any land EXPLORATION, DEVELOPMENT, AND
time immemorial, for such possession would justify Exploration, development and utilization of
the presumption that the land had never been part natural resources (2015 Bar)
of the public domain or that it had been a private
property even before the Spanish conquest.

Constitutionality of RA 8371 “Indigenous
Only Filipino citizens and corporations or
Peoples’ Rights Act” (IPRA LAW) (Oh Cho associations at least sixty percent (60%) of whose
v. Director of Lands, Gr No. L-48321, August 31, 1946)
capital is owned by Filipino citizens are qualified to

take part in exploration, development and
The Regalian Doctrine does not negate native title to utilization of natural resources (
lands held in private ownership since time Control Test and Grandfather Rule (2015 Bar)
1987 Constitution,
immemorial and independent of any grant from the
Art. XII, Sec. 2).

Spanish Crown. IPRA recognizes the right of Control Test
Grandfather Rule
ownership of Indigenous Cultural Communities or

Indigenous Peoples (ICCs/IPs) to their ancestral
domains and ancestral lands on the basis of native
61
UNIVERSITY OF SANTO TOMAS UST LAW B A R OPERATIONS
POLITICAL LAW
No franchise, certificate, or any other form of
“liberal test”; This the percentage of authorization for the operation of a public utility
provides that shares Filipino equity in a shall be granted except to citizens of the Philippines
belonging to corporation is or to corporations or associations organized under
corporations or computed, in cases the laws of the Philippines at least sixty per centum
partnerships at least where corporate of whose capital is owned by such citizens, nor shall
60% of the capital of shareholders are such franchise, certificate, or authorization be
which is owned by present, by attributing exclusive in character or for a longer period than
Filipino citizens shall the nationality of the fifty years.
be considered of second or even Thus, only Filipino citizens or corporations at least
(Sec. 11, Art. XII, 1987 Constitution)
Philippine nationality. subsequent tier of 60% of whose capital is Filipino owned are qualified
This does not ownership to to acquire a franchise, certificate, or authorized to
scrutinize further the determine the operate a public utility.
ownership of the nationality of the Operation v. Ownership of Public Utilities (1994
Filipino shareholdings. corporate shareholder. Bar)
Thus, to arrive at the
actual Filipino
ownership and control The Constitution requires a franchise for the
in a corporation, both operation of a public utility. However, it does not
the direct and indirect require a franchise before one can own the facilities
shareholdings in the needed to operate a public utility.
corporation are Ownership requirement
determined.
1. - 70% of their capital must be
owned by Filipino citizens
may be combined with 60-40 Filipino- 1(2)]
the Grandfather Rule) foreign ownership is in Mass Media [Art. XVI, Sec. 11(1)]
Adv rtising [Art. XVI, Sec.

2. - must be wholly owned by
doubt or where there is Educational institutions
3. Filipino citizens - 60% of their
reason to believe that [Art. XVI, Sec. 4(2)]
there is non- capital must be owned by Filipino citizens
compliance with the Interpretation of the term “capital” as used in

provisions of the Sec. 11, Art. XII in determining compliance with
Constitution on the the ownership requirem nt
nationality restriction.
The term "capital" in Sec. 11, Art. XII of the
Validity of service contract entered into by the Constitution refers only to common shares.
tate wi h a foreign- owned corporation However, if the preferred shares also have the right
to vote in the election of directors, then the term
"capital" shall include such preferred shares

Subject to the strict limitations in the last two because the right to participate in the control or
paragraphs of Sec. 2 Art. XII, financial and technical management of the corporation is exercised
agreements are a form of service contract. Such through the right to vote in the election of directors.
service contacts may be entered into with In short, the term "capital" in Sec. 11, Art. XII of the
respect to minerals, petroleum, and other mineral Constitution refers only to shares of stock that can
only
oils. The grant of such service contracts is subject to vote in the election of directors
several safeguards, among them: State Take-Over of Business Affected with
(Gamboa v. Sec. of
Finance, G.R. No. 176579, June 28, 2011).

1. That the service contract be crafted Public Interest; Requisites
accordance with a general law setting
standard of uniform terms, conditions and

be the signatory
The State may take over or direct the operation of
requirements; any privately owned public utility or business
2. Presidentreports for the affected with public interest provided that:
3. the executed agreement 1. There is national emergency;
government; and
to Congress
B’laan v. DENR, G.R. No. 127882, December
1, 2004). within 30 days. 2. The public interest so requires; and
3. Under reasonable terms prescribed by it.

(La Bugal
(Sec. 17, Art. XII, 1987 Constitution)
FRANCHISES, AUTHORITY, AND ACQUISITION, OWNERSHIP AND TRANSFER

OF PUBLIC AND PRIVATE LANDS
CERTIFICATES FOR PUBLIC UTILITIES
Operation of a Public Utility Imperium vs. Dominium

corporations up to not more than 40% of the total
Imperium Dominium and outstanding capital stock of a Filipino-owned or
controlled corporation. As long as the 60% of the
members of this Condominium Corporation are
possessedwhichisembracedbytheStatein
Filipino, the remaining members can be foreigners.
Statepropertiestoown. or acquire sovereignty. (Jacobus Bernhard Hulst v. PR Builders, Inc., GR No.
156364, September 25, 2008)
An alien may not acquire property by virtue of a

Disposition of private lands or holding of lands
purchase made by him and his Filipino wife
the ublic domain
(1994, 1998, 2002, 2009 Bar)
No private land shall be transferred or conveyed
except to individuals, corporations or associations The fundamental law prohibits the sale to aliens of
(Sec. 7, Art. XII, 1987 Constitution) residential land. Assuming that it was the alien’s
qualified to acquire or hold lands of the public
domain. intention that the lot be purchased by him and his
Exceptions wife, he acquired no right whatever over the
property by virtue of that purchase; and in
attempting to acquire a right or interest in land,
clandestinely, he knowingly violated the
1. By hereditary succession; (Cheeseman v. IAC, G.R. No. 74833, January 21, 1991)
2. Former natural -born citizens of the Constitution; the sale as to him was null and void.
Philippines who has lost his Philippine PRACTICE OF PROFESSIONS
citizenship;
3. Condominium units Practice of Profession in the Philippines
4. Those acquired by Americans while the
Parity RightAgreement was stillineffect.

Hereditary succession; Intestate succession GR: (Sec. 14, Art. XII,
The practice of all professions in the Philippines
1987 Const tution)
shall be limited to Filipino citizens.

This means foreigners who inherit through XPN:
intestate succession. It does not extend to testate Save in cases prescribed by law.
succession for otherwise the Constitutional Practice of Law; Only Filipino citizens
prohibition will be for naught and meaningless. Any
alien would be able to circumvent the prohibition by

(Ramirez v.
paying money to a Philippine landowner in (Rule
Ramirez, GR No. L-27952, February 15, 1982) Only Filipino citizens may be admitted to the
exchange for a devise of a piece of land. 138, Rules of C urt)
Philippine bar and therefore, practice law.

Natural-born citizens who lost their citizenship In fact, it is a continuing
requirement for the practice of law. The loss thereof

means termination of the petitioner’s membership
(In Re: Petition to Re-Acquire the
in the bar; ipso jure the privilege to engage in the

Any natural-born citizen of the Philippines who has Privilege to Practice Law in the Philippines, Epifanio
practice of law.
lost his Philippine citizenship and who has the legal B. Muneses, BM No. 2112, July 24, 2012)
capacity to enter into a contract under Philippine

laws may be a transferee of a private land up to a Reacquisition of Filipino Citizenship to Practice
maximum area of one thousand square meters Law
(1,000 sq. m.) , in the case of urban land, or one
(Sec. 2, BP 185)
hectare (1 hec.) in the case of rural land, to be used
by him as his residence.

Aliens and alien-owned corporations may lease A Filipino lawyer who becomes a citizen of another
private lands country and later re- acquires his Philippine
citizenship under RA No. 9225, remains to be a
member of the Philippine Bar. However, the right to

resume the practice of law is not automatic. A
The maximum period allowable for the duration of person who intends to practice his profession in the
leases of private lands to aliens or alien-owned Philippines must apply with the proper authority
corporations, associations, or entities not qualified (Petition for Leave to Resume Practice of Law,
for license or permit to engage in such practice.
to acquire private lands in the Philippines shall be Benjamin Dacanay, BM No. 1678, December 17,
twenty -five (25) years, renewable for another 2007)

(Sec. 1, PD 471)
period of twenty -five (25) years upon mutual
agreement ofbothlessor and lessee.

Foreign nationals canown condominium units ORGANIZATION AND REGULATION OF
CORPORATIONS, PRIVATE AND PUBLIC
They can own Philippine real estate through the MONOPOLIES, RESTRAINT OF TRADE, AND
purchase of condominium units or townhouses UNFAIR COMPETITION
constituted under the Condominium principle with
Condominium Certificates of Title as long as the Monopoly

(Sec. 5, RA 4726)
alien interest in such corporation does not exce ed
the limits imposed by existing laws. A privilege or peculiar advantage vested in one or
It expressly allows foreigners to acquire more persons or companies, consisting in the
condominium units and shares in condominium exclusive right (or power) to carry on a particular
63
(Agan,
business or trade, manufacture a particular article,
to meet and assemble in groups to discuss work
Jr. v. PIATCO, G.R. No. 155001, May 5, 2003) conditions.

or control the sale of a particular commodity. Q: Doeconomic, social and cultural rights make
Regulation of mo opolies people dependent on welfare?
Monopolies are not se prohibited by the A: NO. One of the principal objectives of human
Constitution. It may be permitted to exist to aid the rights law is to empower individuals so that they
government in carrying on an enterprise or to aid in have the capacity and the freedom to live a life in
the interest of the public. However, because dignity. Economic, social and cultural rights require
monopolies are subject to abuses that can inflict much more than the provision of social assistance,
severe prejudice to the public, they are subjected to including the dismantling of social barriers that
(Agan, Jr. v. PIATCO, G.R. No. obstruct the full participation of everyone in
a higher level of State regulation than an ordinary

155001, May 5, 2003) economic and social life.
business undertaking. COMMISSION ON HUMAN RIGHTS
SOCIAL JUSTICE AND HUMAN RIGHTS

CHR is not constitutional commission
CONCEPT
Q: Explain the concept of social justice The creation of CHR may be constitutionally
mandated, but it is not, in the strict sense, a
A: constitutional commission. Article IX of the 1987
Social justice simply means the equalization of Constitution, plainly entitled "Constitutional
economic, political, and social opportunities with Commissions," identifies only the Civil Service
special emphasis on the duty of the State to tilt the Commission, the Commission on Elections, and the
(Bernas Pr mer, 2006) Commission on Audit. The mandate for the creation
balance of social forces by favoring the (CHR
of the respondent is found in Section 17 of Article
disadvantaged in life. The Employees Association vs. CHR, G.R. No. 155336 July
XIII of the 1987 Constitution on Human Rights.

principle is clear enough – a reduction of inequality, 21, 2006)
(Monsod, “Social Justice”, Ateneo Law
or removal of inequity, must be done if social justice
Journal Vol. 59;6 91)
is to be served.
Q: Does social justice mean that everyone should The CHR, although admittedly a constitutional
be equal in all aspects of life? creation is, nonetheless, not included in the genus of
(CHR Employees’
offices accorded fiscal autonomy by either
Association vs. CHR, G.R. No. 155336, November 25,
A: constitutional or legislative fiat.

NO. Social justice does not champion division of 2004)
property or equality of economic status; what it and l of CHR is limited

the Constitution do guaranty are equality of
opportunity, equality of political rights, equality autonomy
before the law, equality between values given and
(Guido v. Rural Progress Administration,
Fiscal granted to the respondent by the
received on the basis of efforts exerted in their
G.R. No. L-2089, October 31, 1949)
1987 Constitution and the Administrative Code of
production. 1987 shall be limited only to the automatic and
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS regular release of its approved annual
appropriations.
rights (ESCR) The 1987 Constitution extends to respondent a

Economic, social andcultural certain degree of fiscal autonomy through the
rights are those privilege of having its approved annual
human rights relating to the workplace, social appropriations released automatically and
security, family life, participation in cultural life, and regularly. However, it withholds from respondent
(Sarmiento, Human Rights Law/Human fiscal autonomy, in its broad or extensive sense, as
access to housing, food, water, health care and

Rights Culture, 2013) granted to the Judiciary, constitutional
education. (CHR Employees Association vs. CHR, G.R. No. 155336
commissions, and the Office of the Ombudsman.

July 21, 2006)
SCR is nterl nked with civil and political rights
CHR has investigatory powers
Economic, social and cultural rights are part of the
body of human rights law. They are also often
referred to as second generation human rights. The CHR has the power to investigate all forms of
These rights are deeply intertwined with civil and human rights violations involving civil and political
(Kar Vasak, Human Right , 1977) rights and monitor the compliance by the
political rights, which are first generation rights. (Sec. 18, Art. XIII, 1987 Constitution)
government with international treaty obligations on
example, human rights.

For the right to speak freely means little CHR cannot prosecute
without a basic education, the right to vote means

little if you are suffering from starvation. Similarly, In essence, the Commission’s power is only
the right to work means little if you are not allowed investigative. It has no prosecutorial power. For

prosecution, it must rely on the executive investigatorial powers.

d ep artmen t.
CHR hasno adjudicatory powers AMENDMENTS OR REVISIONS OF THE
(Simon, Jr. v. CHR, G.R.
No.100150, January 5, 1994)
The Constitution clearly and categorically grants to Modes of amending or revising the Constitution
CONSTITUTION
the Commission the power to investigate all forms
of human rights violations involving civil and 1. ONSTITUENT ASSEMBLY (Con s)
political rights. To investigate is not to adjudicate or - By
adjudge. The legal meaning of “investigate” is ¾ of ALL its Members
Congress acting as Constituent Assembly
essentially to follow up step by step by patient (2014 BAR)
upon a vote of
inquiry or observation, to trace or track; to search 2. CONSTITUTIONAL CONVENTION
into; to examine and inquire into with care and (ConCon)
accuracy; to find out by careful inquisition; 2/3 of ALL

examination; the taking of evidence; a legal inquiry. its Members to call for a ConCon
a. By Congress upon a vote of
In the legal sense, “adjudicate” means to settle in the MAJORITY VOTE of ALL its
( ); or
exercise of judicial authority, to determine finally Members, in
(Cariño b. Upon a
and “adjudge” means to pass on judicially, to decide, a plebiscite
v. CHR, G.R. No. 96681, Dec. 2, 1991) submit to the Electorate,

settle or decree, or to sentence or condemn. (Sec. 3, Art. XVII, 1987
, the question of calling a
Q: Informal settlers and vendors have put up ConCon

Park, which are impeding the flow of traffic in Constitution) - By the people,
the adjoining highway. Mayor Cruz gave notice upon a petition thru a plebiscite (at least
3. PEOPLE’S INITIATIVE
for the structures to be removed, and the area of the TOTAL number of registered
structures in an area intended for a People's

vacated within a month, or else, face demolition
voters, of which 3%
12%
and ejectment. The occupants filed a case with must
be represented by of the
every legislative district
the Commission on Human Rights (CHR) to stop registered voters therein

(1987
Constitution, Art. XVII, Sec. 2) (+Full text of
the proposed amendments attached in
comply with the desistance order. When the - Applies to A
the Mayor's move. The CHR then issued an order
the petit on)

to desist against Mayor Cruz with warning that
ONLY MENDMENT
he would be held in contempt should he fail to
Tests to determine whether a proposed change
allotted time lapsed, Mayor Cruz caused the
is an amendment or a revision
contempt? D s it have contempt powers at all? directly – Asks whether the proposed
demolition and removal of the structures.
change is so extensive in its provisions as to

Accordingly, the CHR cited him for contempt. Is
1. Qua titative st
change the ‘substantial entirety’ of the
the CHR empowered to declare Mayor Cruz in
Constitution by the deletion or alteration of

A: NO. CHR does not possess adjudicative functions Qualitative est
numerous existing provisions.

and therefore, on its own, is not empowered to t – Asks whether the change will
declare mayor in contempt for issuing the “order to accomplish such far reaching changes in the nature
desist”. However, under the 1987 Constitution, the (Lambino v. Comelec, G.R. No. 174153,
of our basic governmental plan as to amount to a
CHR is constitutionally authorized, in the exercise of October 25, 2006)
its investigative functions, to "adopt its operational revision.
guidelines and rules of procedure and cite for PUBLIC INTERNATIONAL LAW
contempt for violations thereof in accordance with
the Rules of Court." Accordingly, the CHR, in the
course of an investigation, may only cite or hold any Q: How does international law become part of
person in contempt and impose the appropriate the domestic law of the State?
penalties in accordance with the procedure and
sanctions provided for in the Rules of Court. A:

Absence of compulsory powers
Under the 1987 Constitution, an international
(Cariño
law can become part of the sphere of domestic law
v. CHR, G.R. No. 96681, Dec. 2, 1991)
either by transformation or incorporation. The

It may not issue writs of injunction or restraining transformation method requires that an
orders against supposed violators of human rights international law be transformed into a domestic
(Export Processing Zone law through a constitutional mechanism such as
to compel them to cease and desist from continuing

Authority v. CHR, GR No. 101476, April 14, 1992)
local legislation. On the other hand, generally
their acts complained of. accepted principles of international law, by virtue of
the incorporation clause of the Constitution, form
part of the laws of the land even if they do not derive
Regarding its contempt powers, the CHR is Commission on Elections, G.R. Nos. 221697 & 221698-
from treaty obligations

constitutionally authorized to "adopt its operational 700, March 8, 2016).
guidelines and rules of procedure, and cite for
(Poe-Llamanzares v.
contempt for violations thereof in accordance with OBLIGATIONS ERGA OMNES
the Rules of Court." That power to cite for contempt,
however, should be understood to apply only to

violations of its adopted operational guidelines and Erga Omnes in International Law
rules of procedure essential to carry out its
65
POLITICAL LAW
An obligation of every State towards the excluded from the Senate’s authority of
international community as a whole. All states have concurrence over treaties. Moreover, as the
a legal interest in its compliance, and thus all States Supreme Court has pointed out in Pimentel v. Office
are entitled to invoke responsibility for breach of of the Executive Secretary, the President has the
such an obligation sole power to ratify treaties. The Senate may be
able to exercis e its authority of concurrence under
(Case Concerning The Barcelona
Q: When can a norm become an erga omnes the Treaty clause of the Constitution only on the
Traction, ICJ 1970).
obligation f a State? basis of the authority of the President to ratify

A: jus cogens treaties. EX AEQUO ET BONO
Once a norm is established as a norm,
then it becomes an obligation of a State.

literal ly means It is a
erga omnes
norm accepted and recognized by the international The concept of ex aequo et bono literally means
Jus Cogens “compelling law”.
community of States as a whole as a norm from “according to the right and good” or “from equity
which no derogation is permitted and which can be
(Art.
and conscience.”
modified only by a subsequent norm of general
international law having the same character A judgment based on considerations of fairness,
not on considerations of existing law, that is, to
).
simply decide the case based upon a balancing of
53, Vienna Convention on the Law of Treaties). theRELATIONSHIPequities( BETWEEN INTERNATIONAL

JUS COGENS Brownlie, 2003
Literally means “compelling law.” A norm accepted AND NATIONAL LAW
and recognized by the international community of
States as a whole as a norm from which no Monism or M istic theory

derogation is permitted and which can be modified
only by a subsequent norm of general international

on the Law of Treaties, Art. 53).
Both international law and domestic law are part of
law having the same character a single legal order; international law is
Elements of jus cogens (Vienna Convention automatically incorporated into each nation’s legal
system and that international law is supreme over
1. A norm accepted and recognized by domestic law.

2. international community of states as a whole; Here, international laws or norms are applicable
3. No derogation is permitted; and, within the municipal system even without a
Which can only be modified by a subsequent Dualismpositiveactor ofPluthealstate.sttheory
norm having the same character.

international agreement with members of the Under this theory, international law and municipal
international community creating the law are distinct and separate; each is supreme in its
Q: The Philippines entered into an
International Economic Organization (IEO) own sphere and level of operation.
economic issues between States, create An international norm or law must first be
standards, encourage greater volume of trade transformed or adopted into the municipal system
between its members, and settle economic Doctrithrough a ofpositiveIncorporatiactofthen state.
which will serve as a forum to address
submitted to it for its ratification. The
It that the rules of international law form
disputes. After the Philippine President signed
President refused, arguing that it is an
part of the law of the land and no further legislative
the agreement, the Philippine Senate means
executive agreement that merely created an action is needed to make such rules applicable in the
demanded that the international agreement be domestic sphere.

international organization and it dwells mainly
the international agreement creating the IEO a The fact that international law has been made part
treaty or an executive agreement? Explain. of the law of the land does not by any means imply
(2016 BAR) the primacy of international law over national law
on addressing economic issues among States. Is in the municipal sphere. Under the doctrine of
incorporation as applied in most countries, rules of

international law are given a standing equal, not
A: The agreement creating the IEO is an executive (Salonga and Yap, Public International Law, Fourth
superior, to national legislative enactments

agreement and not a treaty. Section 21, Article VII ed., 1974, p. 16).
of the Constitution defines a “treaty or

international agreement” as valid and effective law Doctrine of transformation
by reason of concurrence of the Senate. However, it
is the intendment of the Constitution that such
“treaty or international agreement” does not It provides that the generally accepted rules of
include executive agreements which therefore is international law are not per se binding upon the

state but must first be embodied in legislation 3. Inform other States of its objection. This is
enacted by the lawmaking body and so transformed particularly important with regard to a rule
intomunicipal law
What istheprinciple of Pacta Sunt Servanda? which has been almost universally accepted. If
a State remains silent, its silence will be
(Magallona).
(2000 BAR) interpreted as acquiescence to the new rule.
NOTE: The burden of proof is on the objecting State.

International agreements must be performed in jus cogens
The persistent objector rule does not apply if the CIL
good faith. A treaty engagement is not a mere moral has already evolved into a rule.
obligation but creates a legally binding obligation on When can a treaty result to a customary
the parties. A state which has contracted a valid international law?
international agreement is bound to make in its

legislation such modification as may be necessary to
ensure fulfillment of the obligation undertaken. Treaties may give rise to rules of customary law
Principle of Auto-Limitation (2006 BAR) when the following conditions are present:
Any State may by its consent, express or implied, 1. The provisions of the treaty should be
submit to a restriction of its sovereign rights. There fundamentally norm-creating in character;
(Reagan v. CIR, G.R. No. L-26379, 2. Participation in the treaty or convention must
may thus be a curtailment of what otherwise is a
December 27, 1969 include those States whose interest would be
plenary power ). affected by the provision in question; and,
NOTE: 3. Within the period of time since the adoption of
the treaty or convention, State practice must
While sovereignty has traditionally been have been both extensive and uniform.
deemed absolute and all-encompassing on the Ang Ladlad is incorporated in 2003, and first
domestic level, it is however subject to restrictions applied for registration with the COMELEC in
and limitations voluntarily agreed to by the 2006. The application for accreditation was
Philippines, expressly or impliedly, as a member of denied on the ground that the organization had
the family of nations. By the doctrine of no substantial membership base. On August 17,
incorporation, the country is bound by generally 2009, Ang Ladlad again filed a Petition for
accepted principles of international law, which are registration with the COMELEC. On November 11,
considered to be automatically part of our own laws. 2009, after admitting the petitioner’s evidence,
The sovereignty of a state therefore cannot in fact Petition on moral grounds. In this Petition before
and in reality be considered absolute. Certain the Court, Ang Ladlad invokes that the
restrictions enter into the picture: (1) limitations Yogyakarta Principles - a set of international
the COMELEC (Second Division) dismissed the
imposed by the very nature of membership in the principles relating to sexual orientation and
family of nations and (2) limitations imposed by gender identity, intended to address documented
treaty stipulations (Tanada v. Angara, G.R. No. evidence of abuse of rights of lesbian, gay,
118295, May 2, 1997)
.
What are the two elements of customary bisexual, and transgender (LGBT) individuals,
international law? reflects binding principles of international law.
1. An objective element (general practice) NO
Can the Court consider these principles as

consisting of a relatively uniform and constant , the Court cannot rely on the application of the
binding under international law?
State practice; and, Yogyakarta Principle.
There are declarations and obligations outlined in

2. A psychological element consisting of said Principles which are not reflective of the
subjective conviction of a State that it is legally current state of international law, and do not find
bound to behave in a particular way in respect basis in any of the sources of international law
of a particular type of situation. This element is enumerated under Article 38(1) of the Statute of the
usually referred to as the opinio juris sive International Court of Justice. Petitioner also has not
necessitates. undertaken any objective and rigorous analysis of
Persistent Objector Rule these alleged principles of international law to
ascertain their true status.
International law is full of principles that promote

If during the formative stage of a rule of customary international cooperation, harmony, and respect for
international law, a State persistently objects to that human rights, most of which amount to no more
developing rule it will not be bound by it. Once a opinio juris
than well- meaning desires, without the support of
customary rule has come into existence, it will apply de lege ferenda
either State practice or . These principles
to all States except any persistent objectors. are at best - - and do not constitute
However, an objecting State, in order to rely on the binding obligations on the Philippines. Much of
persistent objector rule, must: contemporary international law is characterized by
the soft law nomenclature.
1. Raise its objection at the formative stage of the SUBJECTS OF PUBLIC INTERNATION AL LAW
rule in question;
2. Be consistent in maintaining its objection; and,
67
POLITICAL LAW
S bject of International Law: An entity with the
capacity of possessing international rights and Elements of a State

duties and of bringing international claims
Objects international Law:

Under the Montevideo Convention on the Rights
and Duties of States the elements of a State are:

(Magallona, 2005)
A person or thing in
respect of which rights are held and obligations
assumed by the subject 1. A permanent population
Malaya Lolas have approached the Executive 2. A defined territory (people)
Department through the DOJ, DFA, and OSG, 3. Government

requesting assistance in filing a claim against the 4. Capacity to enter into relations with other
(independence/sovereignty)
Japanese officials and military officers who states
ordered the establishment of the “comfort What is State sovereignty as defined in
women” stations in the Philippines. But officials internat onal law?
individual claims of the comfort women for It is the right to exercise in a definite portion of the
compensation had already been fully satisfied by globe the functions of a State to the exclusion of
of the Executive Department declined to assist the
Japan’s compliance with the Peace Treaty another State. Sovereignty in the relations between
petitioners, and took the position that the
between the Philippines and Japan. May we force States signifies independence. Independence in
the government to pursue the claims of comfort regard to a portion of the globe is the right to
women under the doctrine of jus coge s? exercise therein to the exclusion of any other State,
the functions of a State
(Island of Palmas case: USA
, the Philippines is not under any international vis External D r ination
v. the Netherlands, April 4, 1928)

obligation to espouse petitioners’ claims. .
NO Differentiate Internal Self- determination vis-à-
From a domestic law perspective, the Executive Internal self-determination is the people’s pursuit
Department has the exclusive prerogative to of its political, economic, social and cultural
determine whether to espouse petitioner’s claims development within the framework of an existing
against Japan. In the international sphere, the only State. On the other hand, External self-
means available for individuals to bring a claim determination is the establishment of a sovereign
within the international legal system has been when and independent State, the free association or
the individual is able to persuade a government to integration with an independent State or the
bring a claim on the individual’s behalf. Even then, it emergence into any other political status freely
is not the individual’s rights that are being asserted, determined by a people which constitute modes of
but rather, the state’s own rights. (Prov. of North Cotabato v. The Govt. of
implementing the right of self-determination by
that people
The question whether the Philippine government
should espouse claims of its nationals against a 14, 2008).
foreign government is a foreign relations matter, the P inciple of State Continuity
the Rep. of the Philippines, G.R. No. 183591, October

authority for which is demonstrably committed by
our Constitution not to the courts but to the political
branches. In this case, the Executive Department From the moment of its creation, the state
has already decided that it is to the best interest of continues as a juristic being notwithstanding
the country to waive all claims of its nationals for changes in its circumstances provided only that they
reparations against Japan in the Treaty of Peace of do not result in loss of any of its essential elements
1951. (Sapphire Case, 11 Wall. 164 in ?Cruz, 2003).
The State is the sole judge to decide whether its at is the “Clean Slate” Rule
protection will be granted, to what extent it is
granted, and when will it cease. It retains, a When one State ceases to exist and is succeeded by
discretionary power the exercise of which may be another on the same territory, the newly
determined by considerations of a political or other independent State is not bound to maintain in force,
nature, unrelated to the particular case. The or to become a party to, any treaty by reason only of
International Law Commissions (ILCs) Draft the fact that at the date of the succession of States
Articles on Diplomatic Protection fully support this the treaty was in force in respect of the territory to
traditional view. They (i) state that "the right of which the succession of States relates.
diplomatic protection belongs to or vests in the Tobar or Wilson Doctrine (2004 BAR)
State,(ii) affirm its discretionary nature by
clarifying that diplomatic protection is a "sovereign
prerogative" of the State; and (iii) stress that the
state "has the right to exercise diplomatic It precludes recognition to any government coming
(Vinuya v. Romulo, G.R. into existence by revolutionary means so long as the
protection on behalf of a national. It is under no
No. 162230, April 28, 2010).
freely elected representatives of the people thereof
duty or obligation to do so
have not constitutionally reorganized the country.
Stimson Doctrine
STATES

(Nachura, 2009). Universality Principle (2005 Bar)
There is recognition of a government established
through external aggression

Estrada Doctrine (2004 BAR)
Certain offenses are so heinous and so widely
condemned that any state that captures an
offender may prosecute and punish that
It involves a policy of never issuing any declaration person on behalf of the international
giving recognition to governments and of accepting community regardless of the nationality of
whatever government is in effective control without the offender or victim or where the crime was
raising the issue of recognition. An inquiry into committed
legitimacy would be an intervention in the internal Passive Personality Principle
INTERNATIONAL ORGANIZATIONS
affairs of another State
It authorizes states to assert jurisdiction over
offenses committed against their citizens
What does the term “auxiliary status” of some abroad. It recognizes that each state has a
int rnational organiz ions entail? legitimate interest in protecting the safety of
its citizens when they journey outside
national boundaries.
The term “auxiliary status” of some international Exemptions from jurisdiction:
organizations, such as the Red Cross Society, means

that it is at one and the same time a private
institution and a public service organization 1. Act of State doctrine
because the very nature of its work implies - A State should not inquire into the
cooperation with the state. The PNRC, as a National legal validity of the public acts of
(Nachura, 2009)
Society of the International Red Cross and Red another State done within the
Crescent Movement, can neither be “classified as an territory of the latter.
instrumentality of the state, so as not to lose its 2. International organizations and its
character of neutrality” as well as its independence, officers
nor strictly as a private corporation since it is - Foreign persons are exempted from the
(Liban v. Gordon,
regulated by international humanitarian law and is jurisdiction of the State of residence as it
G.R. No. 175352, January 18, 2011)
treated as an auxiliary of the state arises from treaty provisions (Extra-
. territoriality principle).
JURISDICTION OF STATES - The principle underlying immunity of

organizations is the assurance of unimpeded
Basis of jurisdictio : performance of their functions by the
agencies concerned.
1. Territoriality principle; GENERAL PRINCIPLES OF TREATY LAW
2. Nationality principle and statelessness;

3. Protective principle; What are the essential characteristics of a
4. Universality principle; and treaty?
5. Passive personality principle.

Territoriality principle (2005, 2009 BAR) 1. It becomes binding on the parties to it by virtue
A state has absolute, but not necessarily exclusive, of their consent; and
power to prescribe, adjudicate and enforce rules of 2. While treaties will, in most cases, be written
conduct that occurs within its territory. instruments concluded between States, the term
Nationality Principle applies equally to unwritten agreements and to
agreements between States and international
organizations and between international
organizations.
It is membership in a political community with all Treaty vs. Executive Agreement (2015 Bar)
its concomitant rights and obligations. It is the tie
EXECUTIVE
that binds the individual to his State, from which he BASIS TREATY
can claim protection and whose laws he is obliged AGREEMENT
to obey.Citiz nship
NOTE: has a more exclusive meaning in

that it applies only to certain members of the State
accorded more privileges than the rest of the people basic political adjustments
who owe it allegiance. Its significance is municipal, As to nature issues and of details in
not international. changes in carrying out
Protective Principle (2009 BAR) national well

policy. established
national
Any State has the right to punish acts even if policies.
committed outside its territory, when such acts As to
constitute attacks against its security, as long as that permanence

conduct is generally recognized as criminal by international temporary
states in the international community agreements. arrangements.
69
POLITICAL LAW
Concurrence invited or permitted to do so by the contracting
of Senate concurrence concurrence parties. Such invitation or permission is usually

of the Senate. from the given in the accession clause of the treaty itself;
Senate. 5. Exchange of instruments of ratification; and
6. Registration with theUnited Nations.

Ratification is so required when under Art.
When may a treaty violate international law?
4(1) of the VCLT:
According to Art. 53 of the VCLT, a treaty is void if, at 1. A treaty provides for such consent to be
the time of its conclusion, it conflicts with a expressed by means of ratification;
peremptory norm of general international law. For
the purposes of the present Convention, a
peremptory norm of general international law is a 2. It is otherwise established that the negotiating
norm accepted and recognized by the international States were agreed that ratification should be
community of States as a whole as a norm from required;
which no derogation is permitted and which can be 3. The representative of the State has signed the
modified only by a subsequent norm of general treaty subject to ratification; or
international law having the same character.

Fundamental principles of the law of treaties: 4. The intention of the State to sign the treaty
subject to ratification appears from the full
1. The principle of free consent powers of its representative or was expressed
- A state cannot be bound by treaty to which during the negotiation.
it has not consented. Free consent is vital for What are the grounds for terminating treaty?
initial adoption and subsequent
development of a particular treaty as it denunciation

ensures that a State remains in control of the
The termination of a treaty, its or the
commitments it has made under the withdrawal of a party, may take place only as a
relevant treaty; result of the application of the provisions of the
2. The principle of pacta sunt servanda treaty or of the present Convention. The same rule
- It literally means that agreements must be applies to suspension of the operation of a treaty
(Art.42(2) VCLT) .
kept. Embodied in Art. 26 VCLT, which Protocol de Clôture
states that, 'Every treaty in force is binding
upon the parties to it and must be performed
by them in good faith. Therefore, a It is a final act and an instrument which records the
contracting party will be held responsible winding up of the proceedings of a diplomatic
for breach of a treaty.' Applies only to conference and usually includes a reproduction of
treaties which are in force, not to invalid, the texts of treaties, conventions, recommendations
suspended or terminated treaties and other acts agreed upon and signed by the
3. The principle of good faith plenipotentiaries attending the conference.
- Recognized as the foundation of Doctrine of rebus sic stantibus
international legal order. States and non-
State actors are required to comply with
binding obligations imposed upon them by
international law, irrespective of whether It states that a fundamental change of circumstances
such obligations derive from treaties, which determined the parties to accept a treaty, if it
customary rules, or any other source of has resulted in a radical transformation of the
international law. It is all encompassing as it extent of the obligations imposed by it, may under
even imposes obligations on a State in the certain conditions, afford the party affected a
pre-ratification stage. ground to invoke the termination of the treaty.
- It applies throughout the life of a treaty,
form its negotiation, through its The change must have increased the burden of the
performance to its termination. obligations to be executed to the extent of rendering
pacta sunt servanda performance essentially different from the original
- Each time a State is in breach of the principle intention.
of it also violates the DOCTRINE OF STATE RESPONSIBILITY
principle of good faith.

1. Negotiation – Conducted by the parties to reach A State may be held responsible for an international
What are the steps in the treaty-making process?
an agreement on its terms; delinquency, directly or indirectly, imputable to it

2. Signature – The signing of the text of the which causes injury to the national of another State.
instrument agreed upon by the parties; Liability will attach to the State where its treatment
3. Ratification – The act by which the provisions of of the alien falls below the international standard of
a treaty are formally confirmed and approved by justice or where it is remiss in according him the
4. the State; protection or redress that is warranted by the
Accession – A State can accede to a treaty only if circumstances. (2010 Bar)

What are the elements of state responsibility? Stateless person.
1. An act or omission in violation of International EXTRADITION
Law
2. Attributable to the State
3. Causing damage to a third State either directly or It is the surrender of an individual by the state
indirectly to a national of the third State. within whose territory he is found to the state under
whose laws he is alleged to have committed a crime
Kinds of state responsibility Basisortohaveofextraditionbeenconvicted of a crime.

international delinquency was committed by The extradition of a person is required only if there
1. Dir ct State responsibility – Where the
superior government officials or organs like the is a treaty between the State of refuge and the State
chief of State or the national legislature, liability of origin. In the absence of such treaty, the local
will attach immediately as their acts may not be state has every right to grant asylum to the fugitive
effectively prevented or reversed under the and not refuse to deliver him back to the latter state
constitution or laws of the State. even if he is its national. As a gesture of comity,
2. – Where the offense however, the surrender requested is may still be
is committed by inferior government officials or effected by the state of asylum. Furthermore, even
Indirect State responsibility
by private individuals. The State will be held with a treaty, crimes which are political in character
areexempted.
liable only if, by reason of its indifference in Extradition vs. Deportation (1993 BAR)
preventing or punishing it, it can be considered
to have connived in effecting its commission. BASIS EXTRADITION DEPORTATION

Requisites for the enforcement of the doctrine of
State Responsibility (NER)

1. ationality of the Claimant/The Doctrine of State of origin.
As to
N authority request of the the local State.
Effective Nationality/The Genuine Link As to cause
Doctrine; E
2. The injured alien must first xhaust all local
remedies; and committed in local State.
R offenses arising in the
3. He must be epresented in the international the State of
origin.
claim for damages by his own State. As to effect return of alien may be
What is the Calvo Clause? fugitive to the deported to a
A stipulation by which an alien waives or restricts State of origin. State other than
his right to appeal to his own state in connection his own or the
with any claim arising from the contract and agrees State of origin.
to limit himself to the remedies available under the
laws of the local state.

REFUGEES
Requisites for g nting bail in extradition ases
Any person who is outside the country of his The possible extraditee must show upon a clear
and convincing evidence that:
nationality or the country of his former habitual 1.
residence because he has or had well- founded fear community ; and,

of persecution by reason of his race, religion, 2. He will special, humanitarian and
nationality, membership of a political group or compelling
There
not be a flight risk or a danger to the
political opinion and is unable or, because of such circumstances.
fear, is unwilling to avail himself of the protection of BASIC PRINCIPLES OF INTERNATIONAL

the government of the country of his nationality, or, HUMAN RIGHTS LAW
if he has no nationality, to return to the country of
hisformer habitual residence.

Elements beforeone maybe considered as a
International Human Righ s Law
1. The person is Outside the country of his The law which deals with the protection
of
refugee (ONPer)
nationality, or in the case of Stateless persons, individuals and groups against violations by
N governments of their internationally guaranteed
outside the country of habitual residence; Buergenthal
Per rights, and with the promotion of these rights
2. The person lacks ational protection; and ( ).
3. The person fears secution in his own What are the main instruments of human rights?
country.
NOTE: The second element makes a refugee a 1. Universal Declaration of Human Rights;
71
POLITICAL LAW
2 . The International Covenant on Economic, Social
and Cultural Rights; and NOTE

3. International Covenant on Civil and Political
: Nos. 1 to 3 are considered as extraditable
Rights and its two Optional Protocols. offences. In the absence of an extradition treaty, the
Universal D claration of Human Rights UNCTO may be considered as the legal basis for
extradition. Such offenses shall be treated, for the
purpose of extradition, as if they have been
The basic international statement of the inalienable committed not only in the place in which they
rights of human beings. It is the first comprehensive occurred but also in the territories of the State
international human rights instrument. It covers required to establish their jurisdiction.
civil and political rights, and economic, social and BASIC PRINCIPLES OF INTERNATIONAL
cultural rights. HUMANITARIAN LAW
NOTE: Rights covered by UDHR are customary
international law, hence, even during the times International Humanitarian Law (IHL) and
when the bill of rights under the Constitution are Neu rality
(Republic v. Sandiganbayan, G.R. No. 104768, July 21,
inoperative, rights under UDHR remained in effect.

2003) A set of rules which seek, for humanitarian reasons,
International Covenant on Economic, Social and to limit the effects of armed conflict. It protects
Cultural Rights persons who are not or are no longer participating
in the hostilities and restricts the means and

methods of warfare. International humanitarian law
is also known as the law of war or the law of armed
It is a multilateral treaty adopted by the United conflict.
Nations General Assembly. It commits its parties to Application of IHL
work toward the granting of economic, social, and
cultural rights . It embodies the second generation of
human rights.
International Covenant on Civil and Political IHL concerns two situations:

Rights 1. International armed conflicts, which involve at
least two countries; and
It is an international covenant and is binding on the 2. Armed conflicts that take place in one country
respective state parties. It commits its parties to (such as those between a government and rebel
respect the civil and political rights of individuals. It forces).
includes the first generation of human rights. NOTE:

Torture IHL applies to all parties to a conflict
regardless of who started it.
Any act by which severe pain or suffering, whether What are the types of armed conflict?
physical or mental, is intentionally inflicted on a International Armed Conf ct
person for such purposes as obtaining from him or 1. – between two or
a third person, information or a confession, N -I ternational Arm d Conflict
more States including belligerent occupation.
punishing him for an act he or a third person has 2. governmental – between
committed or is suspected of having committed, or authorities and organized armed
intimidating or coercing him or a third person, or for W r of National Liberation
groups or between such groups within a State.
any reason based on discrimination of any kind, 3. – an armed struggle
when such pain or suffering is inflicted by or at the waged by a people through its liberation
instigation of or with the consent or acquiescence of movement against the established government
a public official or other person acting in an official to reach self-determination.
capacity (United Nations Convention against INTERNATIONAL ARMED CONFLICTS
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment [UNCTO] Effective June
26, 1987). 1. “All cases of declared war or any other armed
Instances when a state party may establish its conflict which may arise between two or more
jurisdiction over offenses regarding torture of the Highest contracting parties, even if the
Geneva C nvention of 1949, Art. 2
State of war is not recognized by one of them”
( ). It also
1. When the offenses are committed in any applies to armed conflict between the
territory under its jurisdiction or on board a ship Geneva Convention of 1949, Art. 3
or aircraft registered in the State; government and a rebel or insurgent movement
2. When the alleged offender is a national of that ( ).
State; 2. Under R.A. 9851, it is any use of force or armed
3. When the victim was a national of that State if violence between States or a protracted armed
that State considers it appropriate; and violence between governmental authorities and
4. Where the alleged offender is present in any organized groups or between such groups
territory under its jurisdiction and it does not within a State provided that it gives rise or may
extradite him. give rise to a situation to which the Geneva

Conventions of 12 August 1949 including their other and imposing such conditions of peace as the
victorpleases.
common Art. 3 apply. Instances when force is allowed
It does not include internal disturbances or tensions Under the UN Charter, the use of force is allowed
nstances not covered by armed conflict
such as: only in two instances, to wit: inherent right of self-
1. In the exercise of the
1. Riots; ; and enforcement

2. Isolated and sporadic acts of violence; and action that may be decreed by the Security
3. Other acts of a similar nature. 2. In pursuance of the so-called

defense (1998, 2002, 2009 Bar); and
Hors de combat Council.
It refers to any person who: Steps in the Commencement of a war
1. Is in the power of an adverse party; 1. Declaration of war;

2. Has clearly expressed an intention to surrender; 2. Rejection of an ultimatum; and
and 3. Commission of an act of force regarded by at
3. Has been rendered unconscious or otherwise least one of the parties as an act of war.
incapacitated by wounds or sickness and Q: Who are considered participants in a war?

therefore is incapable of defending himself ( Define each of them.
). R.A.
A:
9851
CONFLICT Under international law, there are two

applicability of IHL in internal disturbance classifications of participants in a war. These are
INTERNAL OR NON-INTERNATIONAL ARMED combatants and non-combatants.
Internal disturbances and other situations of 1. hostilities; are those who engage directly in the
C mbatants
internal violence are governed by the provisions of 2. are those who do not engage
human rights law and such measure s of domestic directly in the hostilities, such as women and
Non-combatants
legislation as may be invoked. IHL does not apply to children.
situations of violence not amounting in intensity to Basic principles that underlie the rules of
anarmedconflict.
Applicability ofIHL in non-international armed warfare
conflicts
IHL is intended for the armed forces, whether may employ any amount of force to
1. belligerentThePciple of Milit ry Necessity – The
regular or not, taking part in the conflict, and compel the complete submission of the enemy
protects every individual or category of individuals with the least possible loss of lives, time and
not or no longer actively involved in the hostilities. money.
their wounded or sick fighters; people deprived of
.g.: freedom as a result of the conflict; civilian
NOTE
population; medical and religious personnel. : Under R.A. 9851, it is the necessity of
WAR OF NATIONAL LIBERATION employing measures which is indispensable to

achieve a leg itimate aim of the conflict and not
Armed conflicts in which people are fighting against prohibited by IHL.

colonial domination and alien occupation and 2. – Prohibits the use of
aga inst racist regimes in the exerc ise of their right any measure that is not absolutely necessary for
The Principle of Humanity
to self-determination These the purpose of the war, such as the poisoning of

are sometimes called insurgencies, rebellions or wells, destruction of works of art and property
[Protocol I, Art. 1(4)].
warsofindependence.
Categories ofwarsof national liberation devoted to religious or humanitarian purposes.
3. belligerentsThePciple of Chivalry – Prohibits the
from the employment of
1. Colonial domination;
treacherous methods in the conduct of
2. Alien occupation; and hostilities, such as the illegal use of Red Cross
3. Racist regimes when the peoples oppressed by emblems.
these regimes are fighting for self- The Principle of Propo tionality
determination.
NOTE: 4. – The legal use of
The above listed enumeration is exclusive. force whereby belligerents must make sure that
War harm caused to civilians or civilian property is
not excessive in relation to the concrete and

direct military advantage from an anticipated
attack or by an attack on military objective.

A contention between two States, through their Principle of Postliminium
armed forces, for the purpose of overpowering the
73
POLITICAL LAW
The principle of postlminium provides for the civilians, and their prisoners- of-war status to the
revival or reversion to the old laws and sovereignty armed forces when they fall to the enemy hands.
of territory which has been under belligerent Treatment f spies when captured
occupation once control of the belligerent occupant
is lost over the territory affected.

Principle of Uti Possidetis
As spy is a soldier employing false pretenses or acts
through clandestine means to gather information
The principle of uti possidetis allows retention of from the enemy.

property or territory in the belligerent’s actual When captured, may be proceeded against under
possession at the time of the cessation of hostilities. the municipal law of the other belligerent, although
Jus ad bellum (Law n the use of force) under the Hague Convention, may not be executed
resort without trial. But if captured after he has succeeded
It seeks to limit to force between States. in rejoining his army, must be treated as a prisoner
States must refrain from the threat or use of force of war ( ).
Nachura Political Law Outline, 2014
against the territorial integrity or political A soldier not wearing uniform during hostilities
independence of another state ( runs the risk of being treated as a spy and not
). entitled to prisoner of war status. When caught,
Art. 2, par. 4, UN
Charter they are not to be regarded as prisoners of war.

Exceptions to this principle are provided in case of NOTE
self-defense or following a decision adopted by the : Spies are not entitled to prisoner-of- war
UN Security Council under Chapter VII of the UN status when captured by the enemy. Any member of
Charter. the armed forces of a party to the conflict who falls
Principle of Humanity or Martens clause into the power of an adverse party while engaging
in espionage shall not have the right to the status of
prisoner of war and may be treated as a spy.

In cases not covered by other international LAW OF NEUTRALITY
agreements, civilians and combatants remain under

the protection and authority of the principles of Neutrality
International Law derived from established custom,
from the Principles of Humanity and from the It is non-participation, directly or indirectly, in a
dictates of public conscience. war between contending belligerents. This exists
The extensive codification of IHL and the extent of only during war time and is governed by the law of
the accession to the resultant treaties, as well as the nations.
fact that the denunciation clauses that existed in the Non-alignment (N utralism)
codification instruments have never been used,
have provided the international community with a This refers to peacetime foreign policies of nations
corpus of treaty rules the great majority of which desiring to remain detached from conflicting
had already become customary and which reflected interests of other nations or power groups.
the most universally recognized humanitarian Blockade
principles. These rules indicate the normal conduct
and behavior expected of States.

PRISONERS OF WAR It is a hostile operation by means of which vessels
Rights and privileges of prisoners of war and aircraft of one belligerent prevent all other
vessels, including those of neutral States, from
entering or leaving the ports or coasts of the other
belligerent, the purpose being to shut off the place
1. To be treated humanely; from international commerce and communications
2. Not to be subject to torture; with other States.
3. To be allowed to communicate with their Elements of valid blo kade
families;
4. To receive food, clothing, religious articles, and and
medicine; 1. Binding duly communicated to neutral
5. To bare minimum of information; states;
6. To keep personal belongings; 2. Effective and maintained by adequate sources;
7. To proper burial; 3. Established by a competent authority of
8. To be grouped according to nationality; belligerent government;
9. To the establishment of an informed bureau; and 4. Limited only to the territory of the enemy; and
10. To repatriation for sick and wounded (1949 5. Impartially applied to all states
Geneva Convention) International Humanitarian Law (IHL) vs.

Status of Journalists who are engaged in
Human Rights Law
dangerous professional missions in areas of
armed conflicts
They shall be treated as civilians, provided that they HUMANITARIAN LAW LAW
INTERNATIONAL HUMAN RIGHTS
take no action adversely affecting their status as

Application humanand
rightsinformationtexts.
conflict only. in war and peace alike.
provideHuman
rightsfor
Permissibility of derogation alsothe
establishment of
permitted under IHL treaties permit independentcommittees

expertsof
because it was governments to
conceived for derogate from certain charged with
emergency situations rights, in situations of implementation.monitoring their
namely armed conflict. public emergency. Certain regional

Purpose andtreatiesAmerican)(Europeanalso
who do not or are no peacetime, and rightsestablishcourts.

longer taking part in applies to everyone. human
hostilities. The rules Their principal goal is
embodied in IHL to protect individuals
impose duties on all from arbitrary
: IHL and International human rights law
parties of a conflict. behavior by their own (hereafterNOTE referred to as human rights) are
governments. complementary. Both strive to protect the lives,
Consequence to states
health and dignity of individuals, albeit from a
practical and legal human rights law to different angle.

measures, such as accord national law
enacting penal with international LAW OF THE SEA
legislation and obligations. International Law of the Sea (ILS)
A body of treaty rules amid customary norms
disseminating IHL. governing the uses of the sea, the exploitation of its
Applicable mechanisms resources, and the exercise of jurisdiction over
maritime regimes. It is a branch of public
international law, regulating the relations of states
with respect to the uses of the oceans (
).
Arigo v. Swift,
mechanisms are
mechanismsitsimplementationthathelp. complexand, contrary G.R. No. 206510, September 16, 2014
Notably, states are required to ensure to IHL include
United Nations Convention on the Law of the Sea (UNCLOS)
respect also by other states. Provision
regional systems.
Supervisory bodies, It defines the rights and obligations of nations in
is also made for inquiry procedure, a e.g. the UN
Protecting Power mechanism, and the Commission on their use of the world’s oceans, establishing rules
Human Rights
International Fact-Finding Commission. for business, the environment and the management
In
(UNCHR), are either
of marine natural resources.
based on the UN
addition, the Are countries bound by the provisions of UNCLOS
International Charter or provided
Committee of the Red even if they are not signatories? (2016 BAR) YES.
Cross (ICRC) is given a for in specific treaties. To be bound by the principle, a country does not
key role in ensuring The UNCHR have have to be a party to a treaty or convention. If the
respect for the developed a
principle has the normative status of a customary
mechanism of special
rapporteurs and norm of international law, it is binding on all states.
working groups,
whose task is to Mare Liberum Principle/Free Sea or Freedom of the Sea
humanitarian rules. monitor and report on
It means international waters are free to all nations
human rights
situations either by
country or by topic. and belongs to none of them.
Its role is to enhance
the effectiveness of What do you mean by the right of innocent passage? (1991 BAR)
the UN human rights
The Right of Innocent Passage is the right to
machinery and to
build up national,
navigation through the territorial sea of a State for the
regional and
purpose of traversing the sea without entering
international capacity
to promote and internal waters, or of proceeding to internal waters,
protect human rights or making for the high seas from internal waters, as
75
POLITICAL LAW
long as it is not prejudicial to the peace, good order including the air space over it and the submarine
or security of the coastal State. areas underneath.
(Arts. 18 [1][2], 19[1],

BASELINES The fact of sovereignty, however, does not preclude
UNCLOS)
the operation of municipal and international law
norms subjecting the territorial sea or archipelagic

waters to necessary, if not marginal, burdens in the
Baselines constitutes the line from which the interest of maintaining unimpeded, expeditious
breadth of the territorial sea, the contiguous zone international navigation, consistent with the
and the exclusive economic zone is measured in international law principle of freedom of navigation.
order to determine the maritime boundary of the Thus, domestically, the political branches of the
coastal State. ARCHIPELAGIC STATES Philippine government, in the competent discharge
of their constitutional powers, may pass legislation
rchipelagic Doctrine (2016 BAR)

designating routes within the archipelagic waters to
regulate innocent and sea lanes passage (
Art. I, Sec. 1 of the 1987 Constitution adopts the 2011) INTERNAL WATERS Magallona,
et al. v. Ermita, et al., G. R. No. 187167, August. 16,
archipelagic doctrine. It provides that the national
territory of the Philippines includes the Philippine What are consider d “Internal waters” of a State?
archipelago, with all the islands and waters

embraced therein; and the waters around, between
and connecting the islands of the archipelago, Under UNCLOS, internal waters include the waters
regardless of their breadth and dimensions form of lakes, rivers and bays landward of the baseline of
part of the internal waters of the Philippines. It the territorial sea. However, in the case of
emphasizes the unity of land and waters by defining archipelagic states, waters landward of the baseline
an archipelago either as a group of islands Art. 8 [1], UNCLOS
other than those of rivers, bays, and lakes, are
surrounded by waters or a body of water studded archipelagic waters ( ).
with islands. Is there a right of innocent passage in internal

rchipelagic waters
Archipelagic enclosed by the waters are waters waters?

Art. 49[1], UNCLOS As a general rule, there is no Right of Innocent
archipelagic baselines, regardless of their depth or
distance from the coast ( ). Passage through the internal waters of a state
Q: Does the right of innocent passage apply to because the right only applies to territorial seas and
archipelagic waters? archipelagic waters. However, a coastal state may
extend its internal waters by applying the straight
A: YES. baseline method in such a way as to enclose as its

internal waters areas which are previously part of
As a rule, ships of all States enjoy the right of the territorial sea. Thus, the right of innocent
innocent passage through archipelagic waters. Art. 8[2], UNCLOS
passage continues to exist in the “extended” internal

However, the right of Innocent Passage may be waters ( ).
suspended in some areas of the archipelagic waters RRITORIAL SEA
provided that such suspension is (1) without
discrimination in form or in fact among foreign
ships; (2) essential for the protection of its security; Breadth of the territorial sea
and (3) shall take effect only after having been duly
published ( ).
Q: R.A. 9522 amended R.A. 3046 which provided
Every State has the right to establish the breadth of
Art. 52[2], UNCLOS
for the demarcation of maritime baselines of the the territorial sea up to a limit not exceeding 12
Philippines as an Archipelagic State to be nautical miles, measured from baselines (
Art. 3,
UNCLOS
compliant with the UNCLOS III of 1984. The ).
requirements complied with are: to shorten one Q: Distinguish the applicability of the right of
baseline, to optimize the location of some innocent passage in the internal waters vis-a-vis
basepoints and classify KIG and Scarborough territorial seas
claiming that it reduces the Philippine maritime In territorial seas, a foreign State can claim for its
Shoal as ‘regime of islands’. The

territory. Decide. (2016 BAR)
ships the right of , whereas in the
constitutionality of the law was assailed, A:
internal waters of a State no such right exists.
innocent passage
A: Whether referred to as Philippine “internal CONTIGUOUS ZONE
waters” under Art. I of the Constitution or as Q: What constitutes the Contiguous zone? (2004,
“archipelagic waters” under UNCLOS III (Art. 49 2015 BAR)
[1]), the Philippines exercises sovereignty over the
body of water lying landward of the baselines,

The Contiguous Zone is the zone adjacent to the or to a distance of 200 nautical miles beyond the
territorial sea, where the coastal State may exercise baselines from which the breadth of the territorial
such control as is necessary to (1) prevent sea is measured if the edge of the continental margin
infringement of its customs, fiscal, immigration, or does not extend up to that distance.
sanitary laws within its territory or its territorial
sea or (2) to punish such infringement. Under Continental margin [UNCLOS, Art.
76(1)]
UNLOS, the contiguous zone may not extend more

than 24 nautical miles beyond the baseline from
which the breadth of the territorial sea is measured It is the submerged prolongations of the land mass
(twelve nautical miles from the territorial sea ( of the coastal state, consisting of the continental
). Art. shelf proper, the continental slope and the
continental rise. It does not include the deep ocean
33, UNCLOS
Q: What is a transit passage? floor with its ocean ridges or the subsoil. [UNCLOS,
It is the right to exercise freedom of navigation and Permissible breadth of the continental shelf
Art. 76(3)]
overflight solely for the purpose of continuous and

expeditious transit through the straits used for
international navigation, i.e., between two areas of Under the said UN Convention, it extends to a
the high seas or between two exclusive economic distance not extending 200 nautical miles from the
zones. All ships and aircraft enjoy the right of baselines. However, if the coastal State succeeds in
transit passage. its application for an extended continental shelf, it
EXCLUSIVE ECONOMIC ZONE may extend to not more than 350 nautical miles.
[UNCLOS, Art. 76(1)(5)]
Discuss the importance of the Exclusive Economic Extended Continental Shelf

It is that portion of the continental shelf that lies
Zone (EEZ).
beyond the 200 nautical miles limit in the

The EEZ gives the coastal State sovereign rights juridical/legal continental shelf. ( ).
overall economic resources of the sea, sea-bed and
subsoil in an area extending not more than 200 INTERNATIONAL TRIBUNAL FOR THE LAW OF
Ibid
nautical miles beyond the baseline from which the THE SEA
territorial sea is measured (Arts. 55 & 57, UNCLOS).
EEZ? It is an independent judicial body that adjudicates

disputes arising out of the interpretation and
Q: What are the rights of the coastal state in the
A: The following are rights of coastal states over

application of the Convention. It was established for
their EEZ: “an effective international regime over the seabed

and ocean floor beyond a clearly defined national
1. Sovereign rights jurisdiction”. Its seat is in Hamburg, Germany.

a. For the purpose of exploring and exploiting, Jurisdiction of the tribunal
conserving and managing the living and non-
living resources in the super adjacent waters Its jurisdiction comprises all disputes and all
of the sea-bed and the resources of the sea- applications submitted to it and all matters
bed and subsoil; specifically provided for in any other agreement
b. With respect to the other activities for the which confers jurisdiction to the Tribunal.
economic exploitation and exploration of the BASIC PRINCIPLES OF INTERNATIONAL

EEZ, such as production of energy from ENVIRONMENTAL LAW
2. water, currents and winds;
a. With respect to establishment and use of

Stockholm Declaration
Jurisdictional rights
artificial islands;
b. As to protection and preservation of the
marine environment; and This refers to the Declaration of the United Nations
3. Other rights and duties provided for in the Conference on the Human Environment which was
c. Over marine scientific research

Law of the Sea Convention. Art. 56, Law of the adopted in Stockholm, Sweden on June 16, 1972. It
Sea Convention contains principles and recommendations
) ( regarding the preservation and enhancement of the
CONTINENTAL SHELF AND EXTENDED right to a healthy environment.

Principle 21 of the Stockholm Declaration
Continental shelf (Juridical/Legal Continental This declares that States have:
CONTINENTAL SHELF
Shelf) 1. The sovereign right to exploit their own

resources pursuant to their own environmental
It comprises the sea-bed and subsoil of the policies; and
submarine areas that extend beyond its territorial
sea throughout the natural prolongation of its land 2. The responsibility to ensure that activities
territory to the outer edge of the continental margin within their jurisdiction or control do not cause
77
POLITICAL LAW
damageareasbeyondtothe theenvironmentlimitsofnationalofotherjurisdictionStatesorof
orPrinciple.otherwise known as the Good Neighborliness
(Sarmiento, 2007)
Q: WhatPrecautionaryistheRECAUTIONARY PRINCIPLE?
The Principle is provided under
environment,A:theRioDeclaration.theprecautionaryInorderapproachtoprotectshallthebe
widely applied by States according to their

damage,capabilities.lack Whereoffull scientifictherearecertainlythreatsshallofseriousnotbe
measuresusedas ato reasonprevent forenvironmentalpostponingdegradation.cost-effective
Q: TheWhatPolluteristhe POLLUTERPaysPrinciplePAYSmeansPRINCIPLE?thattheparty
responsibleA: for producing the pollutants must bear
damageresponsibilitydone toforthe shoulderingenvironment.the costs of the
Q: Explain the concept of Sustainable

Development.
A:adevelopmentTheconcept ofthatsustainablemeetsthedevelopmentneedsofthereferspresentto
generationswithoutcompromisingtomeettheir ownthe needs.ability of future


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University of Santo Tomas

Faculty of Civil Law

POLITICAL LAW COMMITTEE

Gabriel MThadeusEMBERSS:. Pelagio, Airei Kim P. Guanga, Dhen-Dhen G.

DECLARATION OF PRINCIPLES AND STATE Q: Why is the PDAF declared unconstitutional?

the Constitution itself allows. But it must be made

clear that Congress‘ role must be confined to mere

oversight. Any post-enactment-measure allowing

any constitutional basis and hence, tantamount to 2. Regional/local government units

CHECKS AND BALANCES

excesses committed by the other departments.

Doctrine of State Immunity (Art. VI, Sec. 31, 1987 Constitution)

(Sec. 3, Art. XVI, 1987 Constitution) be enacted

The State may not be sued without its consent.

use or benefit of any religion, sect, etc., except for

following forms: priests, etc., assigned to AFP, penal institutions, etc.

2. general law or a special law.

which is conceded when the [1987 Constitution,Art. VI, Sec. 26(1)]

itself to a counterclaim, or when it enters into a

Constitution,Art. VI, Sec. 2(2)]

capacity, from liability arising from acts committed

position, he is not exempt from liability.

Senators who shall be elected at large by the

UNIVERSITY OF SANTO TOMAS UST LAW BAR OPERATIONS

unless otherwise fixed by law. situated.

political parties are identified by their ideology or

A: platform of government, bona fide membership, in

accordance with the political party's constitution

Representatives unless he is a natural-born citizen and by-laws, would suffice.

write, and, except the party-list representatives, a

registered voter in the district in which he shall be 1 20% ALLOCATION

those under the Party-list;

must at least be twenty- five (25) but not more than

the expiration of his term. 3. THREE-SEAT LIMIT

A: Formation of one legislative district out of 4. PROPORTIONAL REPRESENTATION

shall be computed “in proportion to their total

the 1987 Constitution) (Section 14, Article VI of (Tolentino

v. Secretary of Finance, G.R. No. 115455, October 30,

investments in his business.

prohibiti In fact, the Constitutional

(Sec io n 13, Ar icle VII

covers on imposed on members of the Cabinet

both public and private office or

(Civil Liberties Union v. Executive

3. Failure of the President to veto the bill and to

A: 4. A bill calling a special election for President

penalty of suspension, when imposed, shall not

(Santiago v. Guingona GR No. 134577,

suspended by the Sandiganbayan or by the Office of

itself, not the Court.

Court from prying into the internal workings of the

law unless it has passed 3 readings on separate House of Representatives.

(Cong. Baguilat v. Speaker

should be distributed to the Members 3 days

3. Upon the last reading of a bill, no amendment SEPARATE JOINT

thereto shall be allowed.

after the last reading of a bill.

UNIVERSITY OF SANTO TOMAS UST LAW BAR OPERATIONS

- Choosing the extending the (Art. VI, Sec.

of a tie suspending the 16, Par. 4)

(Art. VII, privileg e of writ of

- Determining habeas corpus

Nays in the Journal present