CONSTITUTIONAL LAW

IMMUNITY FROM SUIT

Incorporated Government Agencies

SUABILITY: Suable if charter provides that the agency can sue and be sued, including one for tort
LIABILITY: NOT automatically liable because liability is a function of law and evidence after trial
EXECUTION: execution follows as a matter of course, garnishment would lie
Unincorporated Government Agencies
SUABILITY: would depend on the nature of the functions engaged
If Governmental – not suable without consent, even if it has incidental proprietary functions
If Proprietary – suit will lie
LIABILITY: NOT automatically liable because liability is a function of law and evidence after trial
EXECUTION: no, execution will require another waiver
Local Government Units
SUABILITY: suable, under Sec. 24, Local Government Code
LIABILITY: NOT automatically liable because liability is a function of law and evidence after trial
EXECUTION: funds cannot be automatically garnished unless there is a corresponding appropriation
ordinance. However, compellable by mandamus to enact and approve the necessary ordinance

DELEGATION OF POWERS
General Rule: Potestas delegata non potest delegare
- premised on the ethical principle that delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own judgment and not through the
intervening mind of another.
Exceptions (Permissible Delegation): (PETAL)
1. Tariff powers of the President [Sec. 28 (2), Art. VI]
2. Emergency powers of President [Sec. 23 (2), Art. VI]
3. Delegation to the people [Sec. 32, Art. VI; Sec. 10, Art. X; Sec. 2, Art. XVII; RA 6753].
4. Delegation to Local Government units (Art X; RA 7160); and
5. Delegation to administrative bodies (power of subordinate legislation).

Tests for Valid Delegation:

Completeness test – law must be complete in all essential terms and conditions so that there is nothing for
delegate to do except enforce it;
Sufficient standard test – map out the boundaries of delegate’s authority by defining legislative policy and
indicating circumstances under which it is to be pursued (Pelaez v. Auditor General, 15 SCRA 569).

BILL OF RIGHTS

Searches and Seizures

If the search is made upon the request of law enforcers, a warrant must generally be first secured if
it is to pass the test of constitutionality. However, if the search is made at the behest or initiative of the
proprietor of a private establishment for its own and private purposes, as in the case at bar, and without the
intervention of police authorities, the right against unreasonable search and seizure cannot be invoked for
only the act of private individual, not the law enforcers, is involved. (People vs. Marti, G.R. No. 81561.
January 18, 1991)

Search of moving vehicles

-Allowed.
-Routinary questions and visual search only
-Thorough search only when there is probable cause

Page 1 of 11
Requisites of Valid Warrant:
1. Probable Cause
 Such facts and circumstances antecedent to the issuance of a warrant that in themselves are
sufficient to induce a cautious man to rely on them and act in pursuance thereof ( People v. Syjuco,
64 Phil 667);
 Must refer to one specific offense (Asian Surety v. Herrera, 54 SCRA 312);

 N.B. For a search warrant, such facts and circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed and that the objects sought in
connection with the offense are in the place sought to be searched (Burgos v. Chief of Staff, 133
SCRA 800).

2. Determination of probable cause personally by the judge;

SEARCH WARRANT OF ARREST

WARRANT

The judge must personally examine in the form of
searching questions and answers, in writing and
under oath, the complaints and any witnesses he
may produce on facts personally known to them.
(Sec. 4, Rule 126, Rules of Court); the
determination of probable cause depends to a
large extent upon the finding or opinion of the
judge who conducted the required examination of
the applicant and the witnesses (Kho v. Judge
Makalintal G.R. No. 94902-06, April 21, 1999)
It is not necessary that the judge should personally
examine the complainant and his witnesses
(Soliven v. Makasiar, 167 SCRA 393); the judge
would simply personally review the initial
determination of the prosecutor to see if it is
supported by substantial evidence; he merely
determines the probability, not the certainty of
the accused and, in so doing, he need not conduct
a de novo hearing (Webb v. De Leon, 247 SCRA
652)

3. After personally examining under oath or affirmation of the complainant and the witness he may
produce;

4. On the basis of their personal knowledge of the facts they are testifying to;

5. The warrant must describe particularly the place to be searched and the things or person to be seized.

SEARCH WARRANT OF ARREST

WARRANT

The description of property to be seized need not
be technically accurate nor necessarily precise,
and its nature will necessarily vary according to
whether the identity of the property or its
character is a matter of concern; the description
is required to be specific only in so far as the
circumstances will allow (Kho v. Judge
Makalintal, G.R. No. 94902-06, April 21, 1999)
“General warrants” are proscribed and
unconstitutional (Nolasco v. Puno, 139 SCRA 152);
However, a John Doe Warrant (a warrant for the
apprehension of a person whose true name is
unknown) satisfies the constitutional requirement
of particularity if there is some descrpitio
personae which will enable the officer to identify
the accused (Nachura, Reviewer in Political Law,
p. 73)

Religious Freedom
There is no compelling justification for the government to deprive Muslim organizations, like herein
petitioner, of their religious right to classify a product as halal (fit for consumption), even on the premise
that the health of Muslim Filipinos can be effectively protected by assigning to a government agency the
exclusive power to issue halal certifications. The protection and promotion of the Muslim Filipinos' right to
health are already provided for in existing laws and ministered to by government agencies charged with

Page 2 of 11
ensuring that food products released in the market are fit for human consumption, properly labeled and safe.
(Islamic da'wah council of the phil. Vs. Executive secretary, et al. G.r. No. 153888. July 9, 2003)

Religious Freedom as a Defense

As long as there is a genuine invocation of freedom of religion, it is a valid defense (Estrada vs.
Escritor)

Rights of the Accused

Custodial Investigation
Waiver of right to counsel
1. Custodial Investigation – may be waived but with assistance of counsel
2. During trial – cannot be waived

Right To Bail
The arraignment of an accused is not a prerequisite to the conduct of hearings on his petition for
bail. A person is allowed to petition for bail as soon as he is deprived of his liberty by virtue of his arrest or
voluntary surrender. An accused need not wait for his arraignment before filing a petition for bail. (Serapio
vs. Sandiganbayan; g.r. no. 148769. January 28, 2003.)

Double jeopardy
General rule: where the dismissal is upon motion of the accused, there is a waiver of the right to
invoke double jeopardy
Exception: if the dismissal amounts to acquittal :
1. invokes right to speedy trial – repeated failure by prosecution to show evidence
2. insufficiency of evidence upon demurrer

LEGISLATIVE DEPARTMENT

Guidelines for screening Party-List Participants:

1. The political party, sector, organization or coalition must represent the marginalized and
underrepresented groups identified in Section 5 of RA 7941;
2. Major political parties must comply with the declared statutory policy of enabling “Filipino
citizens belonging to marginalized and underrepresented sectors . . . to be elected to the
House of Representatives.”;
3. The religious sector may not be represented in the party-list system;
4. A party or an organization must not be disqualified under Section 6 of RA 7941;
5. The party or organization must not be an adjunct of, or a project organized or an entity
funded or assisted by the government;
6. The party must not only comply with the requirements of the law; its nominees must likewise
do so;
7. Not only the candidate party or organization must represent marginalized and
underrepresented sectors; so also must its nominees; and
8. While lacking a well-defined political constituency, the nominee must likewise be able to
contribute to the formulation and enactment of appropriate legislation that will benefit the
nation as a whole xxx (Ang Bagong Bayani-OFW Labor Party v. COMELEC)
Salaries
The salaries of Senators and Members of the House of Representatives shall be determined by law.
No increase in said compensation until after the expiration of the full term of all the members of the Senate
and the House of Representative approving such increase.
Expiration of the six-year term of the Senate and not only the three-year term of the members of the
House of Representatives. (Section 10, Article VI)

Single Subject Rule

To determine whether there has been compliance with the constitutional requirement that the
subject of an act shall be expressed in its title, the Court laid down the rule that Constitutional provisions
relating to the subject matter and titles of statutes should not be so narrowly construed as to cripple or
impede the power of legislation. It is sufficient if the title be comprehensive enough reasonably to include
the general object which a statute seeks to effect, without expressing each and every end and means

Page 3 of 11
necessary or convenient for the accomplishing of that object. (Farinas vs. Executive secretary, G.R. No.
147387, December 10, 2003)
Enrolled Bill Doctrine
Enrolled Bill prevails over the journal except to those matters required by the Constitution to be
entered in the Journal.

Incompatible and Forbidden Office

No Senator or Members of the House of Representatives may hold any other office or employment in
the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term without forfeiting his seat (Incompatible
Office). Neither shall he be appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected (Forbidden office). (Section 13, Article VI)

Exception to incompatible office:

a) membership in the electoral tribunal.
b) second office which is an extension of the legislative position or is aid of legislation.
c) chairmen of the Senate and House committee on education sitting concurrently as ex-officio
members in the UP Board of Regents.
d) legislators who serve as treaty negotiators under the president of the Philippines.

Inhibitions
No Senator or Members of the House of Representative may personally appear as counsel before any
court of justice or before the Electoral Tribunals, quasi-judicial and other administrative bodies…
The inhibition notwithstanding, a Senator or a Member of the House of Representative being accused
of an offense or crime may represent himself in the trial for said offense or crime. (Section 14, Article VI)

Legislative Inquiry
The petitioners sought to restrain the respondent from investigating their participation in the alleged
misuse of government funds and illicit acquisition of properties being claimed by the PCGG for the Republic
of the Philippines. The Supreme Court granted the petition, holding inter alia that “ the petitioners are
presently impleaded as defendants in a case before the Sandiganbayan, which involves issues intimately
related to the subject to the subject of the contemplated inquiry before the respondent Committee,” and
that no legislation is contemplated in connection with the said investigation. (Bengzon vs Senate Blue
Ribbon Committee)

Limitation on the power of legislative investigation

a) In aid of legislation.
b) In accordance with duly published rules of procedure.
c) Rights of persons appearing in, or affected by such inquiry shall be respected.

Government Contracts
“No money shall be paid out of the Treasury except in pursuance of an expropriation made by law.”
In the execution of governmental contracts, the precise import of this constitutional restriction is to require
the various agencies to limit the expenditures within the appropriations made by law each year. It is evident
that existence of appropriations and the availability of funds are indispensable pre-requisites to or conditions
sine qua non for the execution of government contracts. The obvious intent is to impose such conditions as a
priori requisites to the validity of the proposed contract. (COMELEC vs. Judge Ma. Luisa Quijano-Padilla
and Photokina Marketing Corp. G.R. no.151992, September 18, 2002)

EXECUTIVE DEPARTMENT

Canvass by Congress
Not a ministerial duty; may look into the due execution and authenticity of the certificates of
canvass (Sec. 4, Art. VII)

Prohibition against holding of other offices (Sec. 13, Art. VII)

-Strictly construed against the president, vice president and members of the cabinet, their deputies
and assistants.
-Sec. 7, Art. IX-B does NOT apply to them.

Page 4 of 11
 -Only offices expressly allowed by the Constitution to be held by them shall be allowed. i.e. Sec. 3,
Art VII, Vice president allowed to be a member of the cabinet; Sec. 8 (1), Art. VIII, Secretary of Justice as
member of Judicial and Bar Council

Absolute Pardon
An absolute pardon does not restore positions previously held. What is restored is eligibility, not
reinstatement

Amnesty
Amnesty restores positions previously held because such looks backward

EXECUTIVE POWERS

Ultra Vires Veto Doctrine

General rule is that the President must approved entirely or disapproved in toto. Partial veto is not
allowed in the constitution except in appropriations, revenue, and tariff bills, any particular item or items of
which may be disapproved without affecting the item or items to which he does not object.

N.B. Veto maybe recalled only within the 30 day period within which the President shall communicate his
veto of any bill to the House where it originated after which it can no longer be recalled.

By-Passed Appointment
A by-passed appointment is one that has not been finally acted upon on the merits by the
Commission on Appointments at the close of the session of Congress. There is no final decision by the
Commission on Appointments to give or withhold its consent to the appointment as required by the
Constitution. Absent such decision, the President is free to renew the ad interim appointment of a by-passed
appointee. (Ma. J. Angelina G. Matibag vs. Alfredo l. Benipayo, et al. G.R. No. 149036, April 2, 2002)

Mandatory appointment under the constitution:

a) The Supreme Court shall be composed of a Chief Justice and Fourteen Associate Justices…Any
vacancy shall be filled within ninety days from the occurrence thereof. (Section 4 Art. VIII);
b) The Members of the Supreme Court and judges of lower courts shall be appointed by the President
from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy.
Such appointments need no confirmation. (Section 9 Art. VIII);
c) For the lower courts, the President shall issue the appointments within 90 days from the submission
of the list. (Section 9 Art. VIII);
d) : the Ombudsman and his Deputies shall be appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council…All vacancies shall be filled within three months
after they occur. (Section 9 Art. XI)

N.B.
In case there has been temporary vacancy in the office of the President, the President may not
revoke the appointment made by the Acting President to fill the vacancy occurring in the Supreme Court. To
allow the President to revoke such appointment made the acting President would result in the creation of
two Supreme Courts: one the regular body composed of permanently appointed Justices and another body
with those temporarily appointed justices Such arrangement was unconstitutional in view of the provision of
the Constitution providing that “the judicial power shall be vested in one Supreme Court and such inferior
courts,”(Vargas vs Rilloraza)

Ad interim Appointment
Ad interim appointment made by the President is a permanent appointment in the sense that once
accepted by the appointee it cannot be recalled by the President. The President can only wait that the
appointee would be by pass or the appointment would not be confirmed by the Commission on appointment
before she can make another appointment for the same position.
Ad interim appointment is effective immediately.

Midnight Appointments
Two months immediately before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except temporary appointments to executive
positions when continued vacancies therein will prejudice public service or endanger public safety. (Sec. 15
Art VII)

Page 5 of 11
 This provision applies only to presidential appointments. There is no law that prohibits local
executives from making appointments during the last days of their tenure. (De Rama v. CA, Feb 28, 2001)

During the period of the ban, the President is neither required to make appointments to the courts
nor allowed to do so. Secs. 4 (1) and 9 of Art. VIII simply mean that the President is required by law to fill
up vacancies in the courts within the time frames provided therein, unless prohibited by sec. 15, Art. VII. (In
re: Valenzuela, Nov. 9, 1998)

Commander-In-Chief
Section 18, Article VII does not expressly prohibit the President from declaring a state of rebellion.  Note
that the Constitution vests the President not only with Commander-in-Chief powers but, first and foremost,
with Executive powers. (Sanlakas vs. Exec Sec., G.R. No. 159085,  February 3, 2004)

Suspension of the privilege of the writ of habeas corpus and proclamation of martial law

Grounds: invasion or rebellion, when public safety requires it.

Duration: not to exceed 60 days, following which it shall be lifted, unless extended by the Congress

Duty of the President to report action to Congress within 48 hours, personally or in writing.

Congress may revoke or extend on request of the President the effectivity of proclamation by majority vote
of all its members, voting jointly.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon within 30 days from its filing.

Suspension of the privilege of the writ does not impair the right to bail (sec. 13 Art. III)

The suspension applies only to persons judicially charged for rebellion or offenses inherent or directly
connected with invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially
charged within 3 days, otherwise he shall be released.

Effectsof state of martial law:

a) does not suspend the operation of the constitution
b) does not supplant the functioning of the civil courts or legislative assemblies
c) does not authorize the conferment of jurisdiction on military courts and agencies over civilians where
civil courts are able to function
d) does not automatically suspend the privilege of the writ of habeas corpus (Par. 4 Sec. 18, Art. VII)

JUDICIAL DEPARTMENT

Power of Judicial review

The power of the courts to test the validity of executive and legislative acts in light of their
conformity with the Constitution. This is not an assertion of superiority by the courts over the other
departments, but merely an expression of the supremacy of Constitution (Angara vs Electoral Commission)
Requisites:
1. Actual case or controversy
2. Constitutional question must be raised by the proper party
3. the constitutional question must be raised at the earliest possible opportunity
4. the decision on the constitutional question must be determinative of the case itself or the very lis
mota of the case.

N.B. The Court may also exercise the power of judicial review even if the issues had become moot and
academic when it feels called upon to exercise its symbolic function, such as in Salonga vs. Pano, 134 SCRA
438, where it was held that the Court had the duty to formulate guiding and controlling constitutional
principles, precepts, doctrines or rules and the symbolic function to educate the bench and the bar on the
extent of protection given by the constitutional guarantees.

Page 6 of 11
CONSTITUTIONAL COMMISSIONS
The qualification on members of the constitutional commissions regarding “Must not have been
candidates in the immediately preceding elections” stands notwithstanding Sec. 6, Art IX-B providing for
one-year prohibition on appointment. The latter applies to all appointive officials EXCEPT members of the
constitutional commissions.

Civil Service Commission

Primarily Confidential Positions

Two recognized instances when a position may be considered primarily confidential, namely: [1]
when the President, upon the recommendation of the CSC, has declared the position to be primarily
confidential; and [2] in the absence of such a declaration, when from the nature of the functions of the
office, there exists close intimacy between the appointee and the appointing authority which insures
freedom of intercourse without embarrassment or freedom from the misgivings or betrayals on confidential
matters of the State. (CSC and PAGCOR vs. Salas) However, with the advent of the Civil Service Act of 1959,
Sec. 5 provided that “the non-competitive or unclassified service shall be composed of positions declared by
law to be in the non-competitive or unclassified service or those which are policy-determining, primarily
confidential or highly technical in nature. Thus, it is in the nature of the position which determines whether
a position is primarily confidential, policy-determining or highly technical.

Executive Pronouncements
Executive Pronouncements can be no more than initial determinations that are not conclusive in case
of conflict; otherwise, it would lie within the discretion of the Chief Executive to deny to any officer, by
executive fiat, the constitutional protection of security of tenure

Proximity Rule
Proximity Rule is still authoritative; the occupant of a particular position could be considered a
confidential employee if the predominant reason why he was chosen by the appointing authority was the
latter’s belief that he can share a close intimate relationship with the occupant which ensures freedom of
discussion without fear of embarrassment or misgivings of possible betrayals of personal trust or confidential
matters of the State.

Commission on Election

Jurisdiction over election protests

1. in barangay elections – municipal trial courts
2. in municipal elections – regional trial courts
3. in regional, provincial, and city elections – COMELEC
4. in house of representatives – house of representatives electoral tribunal
5. in senate – senate electoral tribunal
6. president and vice president – supreme court en banc

Quasi-judicial Powers of COMELEC

1) all election cases, including pre-proclamation controversies, appeals from MTC/RTC, petition for
certiorari from MTC/RTC, petition to cancel certificate of candidacy, petition to disqualify under Sec. 68 and
any or all cases involving exercise of quasi-judicial power shall be decided by the COMELEC in division, and
2) the motion for reconsideration shall be decided by the COMELEC en banc.

N.B. The prosecution of election law violators involves the exercise of the COMELEC's administrative
powers. Thus, the COMELEC en banc can directly approve the recommendation of its Law Department to
file the criminal information for double registration against petitioners in the instant case. There is no
constitutional requirement that the filing of the criminal information be first decided by any of the divisions
of the COMELEC. (Baytan vs. Comelec, G.R. No. 153945, February 4, 2003)

Commission on Audit

Veto Power of COA of Expenditures

Power to promulgate rules accounting and auditing rules and regulations, including those for the prevention
and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses
of government funds and properties. (Section 2 (2), Article IX-D)

Page 7 of 11
ACCOUNTABILITY OF PUBLIC OFFICERS
Initiation takes place by the act of filing of the impeachment complaint and referral to the House
Committee on Justice, the initial action taken thereon. The meaning of Section 3(5) of Article XI becomes
clear. Once an impeachment complaint has been initiated in the foregoing manner, another may not be filed
against the same official within a one-year period following Article XI, Section 3(5) of the Constitution. .
(Francisco vs. House of Reps. GR. No. 160261 November 10, 2003)

Public office/ Public Officer

A public office is the right, authority and duty, created and conferred by law, by which, for a given
period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with
some portion of the sovereign functions of the government, to be exercised by him for the benefit of the
public. The individual so invested is a public officer. (Laurel vs. Desierto G.R. No. 145368, April 12,
2002)

After three consecutive terms, an elective local official cannot seek immediate reelection for a
fourth term. The prohibited election refers to the next regular election for the same office following the
end of the third consecutive term. Any subsequent election, like a recall election, is no longer covered by
the prohibition for two reasons. (Victorino Dennis M. Socrates vs. Comelec, et al. G.R. No. 154512,
November 12, 2002)

Three Fold Liability Rule

The wrongful acts or omissions of a public officer may give rise to:
1. civil liability
2. criminal liability
3. administrative liability

N.B. An action for each can proceed independently of the others. Dismissal of the criminal action does not
carry with it the dismissal of the administrative action.

Preventive Suspension of Local Officials

Preventive suspension may be imposed by the President , the governor or the mayor (as the case
may be) at any time (requisites):
a) after the issues are joined,
b) when the evidence of guilt is strong and given the gravity of the offense,
c) there is great probability that the continuance in office of the respondent could influence the
witnesses or pose a threat to the safety and integrity of the records and other evidence, provided
that:
-any single preventive suspension shall not extend beyond 60 days, and
-in the event several administrative cases are filed against the respondent, he cannot be suspended
for more that for more than 90 days within a single year on the same ground or grounds existing and known
at the time of the first suspension.

N.B. The authority to preventively suspend may be imposed is exercised concurrently by the Ombudsman,
pursuant to RA 6770: the same law authorizes a preventive suspension of six (6) months.

NATIONAL ECONOMY AND PATRIMONY

Aliens, whether individuals or corporations, have been disqualified from acquiring lands of the public
domain. Hence, they have also been disqualified from acquiring private lands.
A contract that violates the Constitution and the law, is null and void and vests no rights and creates no
obligations. It produces no legal effect at all. The petitioner, being a party to an illegal contract, cannot
come into a court of law and ask to have his illegal objective carried out. One who loses his money or
property by knowingly engaging in a contract or transaction which involves his own moral turpitude may not
maintain an action for his losses. (FRENZEL vs. CATITO, G.R.NO. 143958, July 11,2003)

ELECTION LAW

Citizenship requirement: Elective local officials

The Local Government Code does not specify any particular date when the candidate must possess Filipino
citizenship. Philippine citizenship is required to ensure that no alien shall govern our people. An official
begins to govern only upon his proclamation and on the day that his term begins. In the case of Frivaldo vs.
COMELEC, since the petitioner took his oath of allegiance on June 30, 1995, when his application for

Page 8 of 11
repatriation was granted by the special committee on naturalization, he was therefore qualified to be
proclaimed. Besides, sec. 39 of the LGC speaks of qualifications of elective local officials, not of candidates.
Moreover, the effects of repatriation retroacts to the date of the filing of the petition for repatriation.
(Frivaldo v. COMELEC, 257 SCRA 727)

Overseas Absentee Voting Act (RA 9189)

The Overseas Absentee Voting Act does not violate the residency requirement in Sec. 1 Art. V of the
Constitution on Suffrage by allowing immigrants to register by merely requiring the execution of an affidavit
expressing their intent to return. The interpretation here of "residence" is synonymous with "domicile”.
Under our election laws and the countless pronouncements of the Court pertaining to elections, an absentee
remains attached to his residence in the Philippines, as residence is considered synonymous with domicile.

The constitutionality of Section 18.5 of R.A. No. 9189 is UPHELD with respect only to the authority
given to the COMELEC to proclaim the winning candidates for the Senators and party-list representatives but
not as to the power to canvass the votes and proclaim the winning candidates for President and Vice-
President which is lodged with Congress under Section 4, Article VII of the Constitution. (Macalintal vs.
Comelec G.R. No. 157013,  July 10, 2003)

Issues which may be raised in pre-proclamation controversy:

1. Illegal composition or proceedings of the Board of Canvassers.
2. The canvassed election returns are incomplete, contain material defects in the same returns or in
other authentic copies thereof, as mentioned in Sections 233, 234, 235, 236 of BP 881
3. the election returns were prepared under duress, threats, coercion, or intimidation, or they are
obviously manufactured or not authentic.
4. when substitute or fraudulent returns in controverted polling places were canvassed, the results of
which materially affected the standing of the aggrieved candidate or candidates.

Pre-proclamation case different from an action for annulment of election results or declaration of failure
of elections
While the COMELEC is restricted in pre-proclamation cases to an examination of the election
returns on their face and is without jurisdiction to go beyond or behind them and investigate election
irregularities,
In cases of actions for annulment of election results or declaration of failure of elections, the
COMELEC may conduct technical examination of election documents and compare and analyze voters’
signatures and fingerprints in order to determine whether of not the elections had indeed been free, honest,
and clean. (Abaya vs. COMELEC, Jan. 28, 2003)

General Rule: Filing of an election contest or petition for qou warranto:

 bars the subsequent filing of a pre proclamation controversy

 petition to annul proclamation
 amounts to the abandonment of a pre proclamation controversy earlier filed
Exceptions:

1. where what was filed is not really a quo warranto case or election contest but a petition to annul a
proclamation
2. where quo warranto is not the proper remedy
3. where the board of canvassers is improperly constituted
4. where the filing of a quo warranto petition or election protest is expressly made without prejudice to
the pre proclamation controversy
5. where the proclamation is null and void

LAW ON PUBLIC CORPOARATIONS

Although the new city acquired a new corporate existence separate and distinct from that of the OLD
municipality. This does not mean, however, that for the purpose of applying Constitutional provisions
governing the re-election limit of local government officials, the office of the municipal mayor would now be
construed as a different local government post as that of the office of the city mayor. As stated earlier, the
territorial jurisdiction of the City of Digos is the same as that of the municipality. Consequently, the
inhabitants of the municipality are the same as those in the city. (LATASA vs. COMELEC, G.R. NO. 154829,
December 10, 2003)

Page 9 of 11
Rules on Succession in cases of elective local officials: filing vacancy in the Sanggunian
In case the highest ranking Sanggunian member fills the vacancy in the post of the Vice mayor, his
replacement in the Sanggunian should come from his party.
The reason behind the right given to a political party to nominate a replacement when a permanent
vacancy occurs in the Sanggunian is to maintain the party representation as willed by the people in the
election. With the elevation of Tamayo who belonged to Reforma-LM to the position of Vice mayor, a
vacancy occurred in the Sanggunian that should be filled up with someone who belongs to the political party
of Tamayo. Otherwise, Reforma-LM’s representation in the Sanggunian would be diminished. (Navarro vs.
CA, March 28, 2001)

1. Governmental Powers
a) Delegated Police Power

- The general welfare clause (Sec. 16, R.A. 7160) is the statutory grant of police power to local
government units.

- The limitations on the exercise of powers under this clause:

1. exercisable only within the territorial limits of the local government unit
2. equal protection clause
3. due process clause
4. must not be contrary to the Constitution and the laws

 Prohibited activities may not be legalized in the guise of regulation, activities allowed by law can
only be regulated.

- To be valid, an ordinance:
1. must not contravene the Constitution and any statute
2. must not be unfair or oppressive
3. must not be partial or discriminatory
4. must not prohibit, but may regulate trade
5. must not be unreasonable
6. must be general in application and consistent in public policy (Magtajas vs. Pryce Properties,
Solicitor General vs. Metropolitan Manila Authority)

- Test: If an act is unlawful by general law, local government in the guise of legislation cannot
legitimize such act. If an act is lawful under general law, local government cannot prohibit such act

b) Basic Services and Facilities

c) Power to Generate and Apply Resources

 power to tax
 need for an appropriation ordinance
 relate: state immunity from suit, even if there is a final judgment, local government funds
cannot be garnished unless there is a corresponding appropriation ordinance
 remedy: petition for mandamus

d) Eminent Domain
 N.B. market value at the time of the taking
 Requisites:
A. valid and definite offer, declined by the owner
B. exercised only by the local chief executive, acting pursuant to a valid
ordinance
C. for public use, purpose, or welfare OR for the benefit of the poor and the
landless
 private property already devoted to public use cannot be expropriated by a local government
under a general grant of authority, a specific grant of authority is required (Chinese
Community vs. City of Manila)
 N.B. R. A. 7279 (Urban Development and Housing Act) – provides the order in which lands
may be acquired for purposes of socialized housing, Sec. 9 and 10 thereof provide that

Page 10 of 11
 privately-owned lands rank last (6th) in the order of priority for purposes of socialized
housing.
- Reclassification of Lands
e) Closure and Opening of Roads
f) Local Legislative Power

2. Corporate Powers

a) To have continuous succession in its corporate name

b) To sue and be sued
- local governments can ALWAYS be sued, express consent
c) To have and use a corporate seal
d) To acquire and convey real and personal property
e) Power to enter into contracts
- requisites of a valid municipal contract
1. the local government has the power to enter into the particular contract
2. entered into by the proper officer
3. must comply with certain substantive requirements
4. must comply with the formal requisites of written contracts

PUBLIC INTERNATIONAL LAW

Equality of States
The existence alone of a paragraph in a contract for maintenance of air conditioners, generators and
water pumps of the official residence of the ambassador of Indonesia stating that any legal action arising
out of the agreement shall be settled according to the laws of the Philippines and by a specified court of
the Philippines is not necessarily a waiver of sovereign immunity from suit. The aforesaid provision
contains language not necessarily inconsistent with sovereign immunity. On the other hand, such provision
may also be meant to apply where the sovereign party elects to sue in the local courts, or otherwise waives
its immunity by any subsequent act. The applicability of Philippine laws must be deemed to include
Philippine laws in its totality, including the principle recognizing sovereign immunity. (Republic of
Indonesia vs. Vinzon, G.R. No. 154705, June 26, 2003

Exclusive Economic Zone

Extends up to 200 nautical miles from low water mark or baselines, as the case may be. Technically,
the area beyond the territorial sea is not part of the territory of the State, but the coastal state may
exercise sovereign rights over economic resources of the sea, seabed, subsoil, although the other States shall
have freedom of navigation and over-flight, to lay submarine cables and pipelines, and other lawful uses.
States with overlapping exclusive economic are enjoined to enter into the appropriate treaty for the joint
exploitation and utilization of the resources in the area. Included in the Philippines’ exclusive economic zone
is the Scarborough Shoal, a rock formation about 135 kilometers from Iba, Zambales.

Archipelagic Waters (The Archipelago Doctrine)

The waters around, between and connecting the islands of the archipelago, regardless of their
breadth or dimension, are to be treated as internal waters.

Territorial Sea
The belt of the sea located between the coast and internal waters of the coastal state on the one
hand, and the high seas on the other, extending up to 12 nautical miles from the low-water mark, or in the
case of archipelagic states, form the baselines.

Contiguous Zone
Extends up to 12 nautical miles from the territorial sea. Although technically, not part of the territory of the
State, the coastal State may exercise limited jurisdiction over the contiguous zone, too prevent infringement
of the customs, fiscal, immigration or sanitary laws.

Rock and Roll Tips!!!!

Page 11 of 11