Memaid Political

San Beda College of Law 1
MEMORY AID IN POLITICAL LAW
CONSTITUTIONAL LAW
IN GENERAL application of its provisions by the courts

in specific cases (Sinco, supra, p.67)
CONSTITUTION
- the document which serves as the STATE
fundamental law of the state. (V. Sinco, - A community of persons, more or
Philippine Political Law, 11th ed., p.68- less numerous, permanently occupying a
70); that written instrument enacted by definite portion of territory,
direct action of the people by which the independent of external control, and
fundamental powers of the government possessing a government to which a
are established, limited and defined, great body of the inhabitants render
and by which those powers are habitual obedience; a politically
distributed among the several organized sovereign community
departments for their safe and useful independent of outside control bound by
exercise for the benefit of the body ties of nationhood, legally supreme
politic (Malcolm, Philippine within its territory, acting through a
Constitutional Law, p.6) government functioning under a regime
of law. (CIR v. Campos Rueda, 42 SCRA
Classification: 23).
1. written (conventional or
enacted) v. unwritten Elements:
(cumulative or evolved). People – inhabitants of the State, the
2. rigid v. flexible number of which is capable for self-
sufficiency and self-defense; of both
The Philippine Constitution is written sexes for perpetuity.
and rigid. (Art. XVII) Different meanings of the word
people:
The 1987 Constitution took effect on -People as inhabitants (Sec.1,
February 2, 1987, the date of Art.XIII; Secs.15 -16, Art. II;
the plebiscite for its ratification Sec.2, Art.III);
and not on the date its -People as citizens (Preamble; Secs.
ratification was proclaimed. (De 1 and 4, Art. II; Sec.7, Art. III);
Leon v. Esguerra, 153 SCRA 602) -People as electors (Sec.4, Art. VII;
Sec.2, Art. XVI; Sec. 25, Art.
Interpretation: a doubtful provision XVIII).
shall be examined in the light of the
history of the times and the Territory – fixed portion of the surface
conditions and circumstances under of the earth inhabited by the people
which the Constitution was framed of the State; see Art I.
(Civil Liberties Union v. Executive
Secretary, 194 SCRA 317). In case of Sovereignty – supreme and
doubt, the provisions should be uncontrollable power inherent in a
considered self-executing; State by which that State is
mandatory rather directory; and governed;
prospective rather than retroactive Characteristics:
(Nachura, Reviewer in Political Law, a. permanent
p.3) b. exclusive
c. comprehensive
CONSTITUTIONAL LAW d. absolute
- designates the law embodied in the e. indivisible
Constitution and the legal principles f. inalienable
growing out of the interpretation and g. imprescriptible
POLITICAL LAW COMMITTEE

CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
2 2005 CENTRALIZED BAR OPERATIONS
Theory of Auto-Limitation - any Personal - authority over its

state may by its consent, express nationals, their persons,
or implied, submit to a property, and acts, whether
restriction of its sovereign rights. within or outside its
There may thus be a curtailment territory.
of what otherwise is a power Extraterritorial – authority over
plenary in character. (Reagan v. persons, things or acts,
CIR, G.R. No. L-26379. Dec. 27, outside its territorial limits
1969). by reason of their effects to
its territory.
Imperium - the state’s authority to
govern embraced in the concept of Government – that institution or
sovereignty; includes passing laws aggregate of institutions by which an
governing a territory, maintaining independent society makes and
peace and order over it, and carries out those rules of action
defending it against foreign invasion. which are necessary to enable men
to live in a social state or which are
Dominium - capacity of the state to imposed upon the people forming
own or acquire property. (Lee that society by those who possess
Hong Hok v. David, 48 SCRA 372) the power or authority of prescribing
them. (US v. Dorr, 2 Phil. 332).
Effect of Belligerent Occupation -
No change in sovereignty. Government of the Republic of the
However, political laws, except Philippines – is the corporate
those of treason, are suspended; governmental entity through
municipal laws remain in force which the functions of
unless changed by the government are exercised
belligerent occupant. throughout the Philippines,
principle of jus including the various arms which
postliminium – At the political authority is made
end of the occupation, effective, whether pertaining to
political laws are the autonomous regions, the
automatically revived. provincial, city or barangay
(Peralta v. Director of subdivisions or other forms of
Prisons, 75 Phil. 285) local government. [Sec. 2(1),
E.O. 292 or the Administrative
Effect of Change of Sovereignty – Code of 1987]
The political laws of the former
sovereign, whether compatible Classification:
or not with those of the new De jure – has a rightful title but no
sovereign, are automatically power or control, either, because
abrogated, unless they are same has been withdrawn from it or
expressly re-enacted by because same has not yet actually
affirmative act of the new entered into the exercise thereof.
sovereign. Municipals laws
remain in force. (Macariola v. De facto – actually exercises power or
Asuncion, 114 SCRA 77) control but without legal title
(Lawyers League for a Better
Jurisdiction – manifestation of Philippines v. Aquino, G.R. No.
sovereignty 73748, May 22, 1986).
Territorial – authority to have De facto proper – government that
all persons and things within gets possession and control of,
its territorial limits to be or usurps, by force or by the
completely subject to its voice of the majority, the
control and protection. rightful legal government and
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
maintains itself against the will Requisites (Limitations):

of the latter;
Lawful Subject – the interests of the
Government of paramount force – public in general, as distinguished
established and maintained by from those of a particular class,
military forces who invade and require the exercise of the power;
occupy a territory of the enemy Lawful Means – the means employed are
in the course of war; and reasonably necessary for the
accomplishment of the purpose, and
Independent government – not unduly oppressive on individuals;
established by the inhabitants of When exercised by a delegate:
the country who rise in express grant by law;
insurrection against the parent within territorial limits – for LGUs
state (Ko Kim Cham v. Valdez except when exercised to
Tan Keh, 75 Phil. 113). protect water supply; and
must not be contrary to law.
Functions:
constituent – compulsory because II . POWER OF EMINENT DOMAIN
constitutive of the very bonds of - power of State to forcibly take
society; private property for public use upon
ministrant – undertaken to advance payment of just compensation
general interest of society (Bacani v.
NACOCO, 100 Phil. 468); merely Basis: necessity of the property for
optional. public use.
Doctrine of Parens Patriae – Who may exercise: generally, the

government as guardian of the rights legislature but also:
of People (Government of the President;
Philippines Islands v. El Monte de Law-making bodies of LGU’s;
Piedad, 35 SCRA 738). Public Corporations, and;
Quasi-public Corporations.
FUNDAMENTAL Two stages:

POWERS OF THE STATE  determination of the authority of
the plaintiff to exercise the power
Inherent Powers of the State: and the propriety of its exercise; and
 determination of just
I . POLICE POWER compensation.
- Law of overruling necessity - power
promoting public welfare by restraining Requisites:
and regulating the use of liberty and
property. 1. Necessity – when exercised by:
Congress – political question;
Basis: public necessity and right of State Delegate – justiciable question
and of public to self-protection and 2. Private property – all private
self-preservation. property capable of ownership
may be expropriated, except
Who may exercise: generally, the money and choses in action; may
legislature but also: include services (Republic v.
the President, PLDT, 26 SCRA 620).
Administrative bodies, and 3. Taking:
Law-making bodies of LGU’s there is taking when:
i. owner actually deprived or
dispossessed of his property;

Joy Zabala
ii. there is practical destruction added the consequential

or a material impairment of damages, minus the
value of property; consequential benefits, but in no
iii. owner is deprived of ordinary case will the consequential
use of his property; and benefits exceed the
iv. owner is deprived of consequential damages
jurisdiction, supervision and Fair market value – the price
control of his property. that maybe agreed upon by
requisites: parties who are willing but
i. expropriator must enter a are not compelled to enter
private property; into a contract of sale.
ii. entry must be more than a  Consequential damages –
momentary period; consist of injuries directly
iii. entry must be under a caused on the residue of the
warrant or color of authority; private property taken by
iv. property must be devoted to reason of expropriation
public use or otherwise 6. Due process of law – the
informally appropriated or defendant must be given an
injuriously affected; opportunity to be heard.
v. utilization of the property
must be in such a way as to III. POWER OF TAXATION
oust the owner and deprive - power by which State raises revenue
him of beneficial enjoyment to defray necessary expenses of the
of the property (Republic v. Government.
Castelvi, 58 SCRA 336).
4. Public use - has been broadened Scope: covers persons, property, or
to include not only uses directly occupation to be taxed within taxing
available to the public but also those jurisdiction
which redound to their indirect
benefit; that only a few would Basis: power emanating from necessity
actually benefit from the (lifeblood theory)
expropriation of the property foes
not necessarily diminish the essence Who may exercise: generally, the
and character of public use (Manosca legislature but also:
v. Court of Appeals, 252 SCRA 412). Law-making bodies of LGU’s (Sec.5,
 Once expropriated change of Art. X); and
public use is of no moment. It is The President, under Sec. 28 (2), Art.
well within the rights of the VI of the Constitution or as
condemnor as owner to alter and incident of emergency powers
decide its use so long as it still that Congress may grant to him
for public use. (Republic vs. under Sec. 23(2), Art. VI.
C.A., G.R. No. 146587, July 2,
2002) Limitations on the Power of Taxation:
5. Just compensation - Inherent limitations
compensation is qualified by the Public purpose;
word just to convey that equivalent a. Non-delegability of power;
must be real, substantial, full and b. Territoriality or situs of taxation;
fair; the value of the property must c. Exemption of government from
be determined either as of the date taxation;
of the taking of the property or the d. International comity.
filing of the complaint, whichever Constitutional limitations
came first. (Eslaban v. vda. De a. Due process of law;
Onorio, G.R. No. 146062, June 28, b. Equal protection of law;
2001) c. Uniformity, equitability, and
 Formula: -- fair market value of progressivity of taxation;
the property, to which must be d. Non-impairment of contracts;
CHAIRPERSONS
Ethics)
e. Non-imprisonment for non-

payment of poll tax; Double Taxation – additional taxes are
f. Origin of appropriation, revenue, laid:
and tariff bills; 1. on the same subject;
g. Non-infringement of religious 2. by the same taxing jurisdiction;
freedom; during the same taxing period;
h. Delegation of legislative and
authority to the President to fix 3. for the same purpose.
tariff rates, import and export  Despite lack of specific
quotas, tonnage and wharfage constitutional prohibition, double
dues; taxation will not be allowed if the
i. Tax exemption of properties same will result in a violation of the
actually, directly and exclusively equal protection clause (Nachura,
used for religious, charitable and Reviewer in Political Law, p.38).
educational purposes;
j. Majority vote of all members of TAX LICENSE FEE
Congress required in case of
legislative grant of tax
exemptions; 1. as to basis
k. Non-impairment of the Supreme
Power of taxation – Police power – to
Court’s jurisdiction in tax cases;
to raise revenue regulate
l. Tax exemption of revenues and
assets of, including grants,
2. limitation
endowments, donations, or
contributions to, educational Rate or amount to Amount limited to
institutions. be collected cost of: (a) issuing
unlimited provided the license and (b)
 Any question regarding the not confiscatory. necessary
constitutionality of a tax inspection or police
measure must be resolved in surveillance.
favor of its validity.
3. object
 Any doubt regarding the
taxability of any person under a Imposed on persons Paid for privilege
valid law must be resolved in or property. of doing something
favor of that person and against but privilege is
the taxing power. revocable.
 Any doubt as to the applicability 4. effect of non-payment

of a tax exemption granted to a
Business or activity Business becomes
person must be resolved against
does not become illegal.
the exemption. illegal.
DISTINCTIONS

Joy Zabala
POLICE EMINENT TAXATION

POWER DOMAIN POLICE POWER EMINENT DOMAIN
1. Regulates Affects only Affects only
1. Lawful subject 1. Necessity
both liberty property property
and property rights rights
2. Lawful means 2. Private property;
When exercised by a 3. Taking;

2. Exercised Maybe Exercised
delegate: .
only by the exercised only by the
4. Public use;
Government by private Government
3. Express grant by
entities
law 5. Just
compensation;
3. Public Necessity of Public 4. Within the
necessity and the public necessity territorial limits 6. Due process of
the right of for the use law.
the state and of private 5. Must not be
of the public property
contrary to law
to self-
preservation
and self-
protection.
4. Property Property is Property is

intended for a wholesome wholesome
noxious and is and is
purpose is devoted to devoted to
taken and public use public use or
destroyed. or purpose purpose
5. Compensa Compensati Compensatio

tion is the on is full n is the
intangible, and fair protection
altruistic equivalent and public
feeling that of the improvemen
the individual property ts instituted
has taken by the
contributed to government
the public for the taxes
good paid
6. Contracts Contracts Contracts

may be may be may not be
impaired. impaired. impaired.

CHAIRPERSONS
Ethics)
Article I : NATIONAL TERRITORY waters of the coastal state on
the one hand, and the high seas
I. Territory of the Philippines: on the other, extending up to 12
1. Philippine archipelago, with all nautical miles from the low
the islands and waters embraced water mark.
therein;
III. Contiguous Zone
ARCHIPELAGIC DOCTRINE  Extends up to 12 nautical miles
– integration of a group of islands to from the territorial sea.
the sea and their oneness so that Although not part of the
together they can constitute one unit, territory, the coastal State may
one country, and one state. An exercise jurisdiction to prevent
imaginary single baseline is drawn infringement of customs, fiscal,
around the islands by joining immigration or sanitary laws.
appropriate points of the outermost
islands of the archipelago with IV.Two hundred Mile Exclusive
straight lines and all islands and Economic Zone
waters enclosed within the baseline  not a part of the national
form part of the territory. Main territory but exclusive economic
purpose is to protect the territorial benefit is reserved for the
interests of an archipelago. (see last country. Thus, the coastal state
sentence, Art. I). has in the exclusive economic
zone:
2. all other territories over which 1. sovereign rights for the purpose
the Philippines has sovereignty or of exploring and exploiting,
jurisdiction, consisting of its: conserving and managing the
 terrestrial; natural resources, whether living
 fluvial; and or non living, if the waters
 aerial domain; superjacent to the seabed and
subsoil, and with regard to other
Kalayaan Isand Group activities for the economic
a. historic right; exploitation and exploration of
b. effective control and occupation. the zone, such as the production
(P.D. No. 1596) of energy from the waters,
currents, and winds;
3. including its: 2. jurisdiction with regard to:
 sea bed; a. the establishment and use of
 subsoil; artificial islands,
 insular shelves; and installations, and structures;
 other marine areas. b. marine scientific research;
c. the protection and
4. Waters: preservation of marine
 around; environment;
 between; and 3. other rights and duties provided
for in the Convention. (Art. 56
 connecting
of the UN Convention on the
- the islands of the archipelago,
Law of the Sea)
regardless of
(i) breadth; and
V. Territorial Jurisdiction
(ii) dimensions
- power of the state over persons
- form part of the internal waters
and thing within its territory.
of the Philippines.
Entities exempt from this control are:
II. Territorial Sea
1. Foreign states, head of states,
 The belt of the sea located
diplomatic representatives, and to
between the coast and internal
certain degree, consuls;
2. Foreign state property, including their the instrumentality of his own
embassies, consulates and public judgment and not through the
vessels engaged in non-commercial intervening mind of another.
activities;
3. Acts of states; Exceptions (Permissible Delegation):
4. Foreign merchant vessels exercising (PETAL)
their rights of innocent passage or
involuntary entry, such as arrival 1. Tariff powers of the President [Sec.
under distress; 28 (2), Art. VI]
5. Foreign armies passing through or 2. Emergency powers of President [Sec.
stationed in its territory with its 23 (2), Art. VI]
permission; and 3. Delegation to the people [Sec. 32,
6. Such other persons and property, over Art. VI; Sec. 10, Art. X; Sec. 2, Art.
which the state may, by agreement, XVII; RA 6753].
waive jurisdiction (Nachura, Reviewer 4. Delegation to Local Government
in Political Law, 1996 ed., p. 18). units (Art X; RA 7160); and
5. Delegation to administrative bodies
(power of subordinate legislation).
Article II :
PRINCIPLES AND STATE POLICIES Tests for Valid Delegation:
Completeness test – law must be
I. SEPARATION OF POWERS complete in all essential terms and
conditions so that there is nothing
Purpose: to prevent concentration of for delegate to do except enforce it;
authority in one person or group of Sufficient standard test – map out the
persons that might lead to boundaries of delegate’s authority
irreparable error or abuse in exercise by defining legislative policy and
to the detriment of republican indicating circumstances under
institutions. (Pangasinan which it is to be pursued (Pelaez v.
Transportation Co. v. Public Service Auditor General, 15 SCRA 569).
Commission, G.R. No. 47065. June
26, 1940) III. STATE PRINCIPLES
REGARDING FOREIGN POLICY
Principle of Blending of Powers – (SEC. 2, ART. II)
instance when powers are not
confined exclusively within one 1. renounces war as an instrument of
department but are assigned to or national policy;
shared by several departments. 2. incorporation clause – adopts the
(Nachura, Reviewer in Political Law, generally accepted principles of
2000 ed., p. 42). international law as part of the law
of the land; and
Principle of Checks and Balances – 3. adheres to the policy of peace,
allows one department to resist equality, justice, freedom,
encroachments upon its prerogatives cooperation, and amity with all
or to rectify mistakes or excess nations.
committed by the other
departments. IV. SUPREMACY OF CIVILIAN
AUTHORITY (SEC. 3, ART. II)
II. DELEGATION OF POWERS
Ensured by:
General Rule: Potestas delegata non 1. the installation of the President,
potest delegare the highest civilian authority as
- premised on the ethical principle the commander-in-chief of the
that delegated power constitutes not military [Sec. 18, Art. VII];
only a right but a duty to be
performed by the delegate through
2. the requirement that the Exceptions:
members of the AFP swear to 1. Churches, personages, etc.,
uphold and defend the actually, directly and exclusively
Constitution, which is the used for religious, charitable and
fundamental law of the civil educational purposes shall be
government; exempt from taxation [Sec. 28
3. the professionalization of the (3), Art. VI];
service and the strengthening of 2. Prohibition against appropriation
the patriotism and nationalism, for sectarian purposes, except
and respect for human rights, of when, priest etc., is assigned to
the military; the armed forces, or to any
4. insulation of the AFP from penal institution or government
partisan politics; orphanage or leprosarium [Sec.
5. prohibition against appointment 29 (2), Art. VI];
to a civil position; 3. Optional religious instruction for
6. compulsory retirement of public elementary and high
officers, so as to avoid school students [Sec. 3 (3), Art.
propagation of power; XIV];and
7. a 3-year limitation on the tour of 4. Filipino ownership requirement
duty of the Chief of Staff, which for educational institutions,
although extendible in case of except those established by
emergency by the President, religious groups and mission
depends on Congressional boards [Sec. 4 (2), Art. XIV].
declaration of emergency;
8. requirement of professional VI. AUTONOMY OF LOCAL
recruitment, so as to avoid any GOVERNMENTS
regional clique from forming (SEC. 25, ART. II; ART. X)
within the AFP [Sec. 5, Art. XVI];
and Decentralization of Administration -
9. the establishment of a police delegation of administrative powers to
force that is not only civilian in local government unit in order to broaden
character but also under the the base of governmental powers.
local executives [Sec. 6, Art.
XVI]. Decentralization of Powers – abdication
of political power in the favor of local
V. SEPARATION OF CHURCH AND governments units declared to be
STATE (SEC. 6, ART. II) autonomous. (Limbonas v. Mangelin, 170
SCRA 786)
Reinforced by:
1. Freedom of religion clause;
2. Non-establishment of religion Article III : BILL OF RIGHTS
clause;
3. No religious test clause [Sec. 5,  set of prescriptions setting forth
Art. III]; the funda-mental civil and
4. No sectoral representative from political rights of the individual,
religious sector [Sec. 5 (2), Art. and imposing limitations on the
VI]; powers of government as a
5. Prohibition against appropriation means of securing the
for sectarian benefits. [Sec. enjoyment of those rights.
29(2), Art. VI]; and
6. Religious denominations and Classification of Rights:
sects cannot be registered as 1. Political rights – granted by law to
political parties [Sec. 2 (5) Art. members of community in relation
IX-C]. to their direct or indirect
participation in the establishment
or administration of the Requisites of Criminal due process [Sec.
government; 14 (1), Art. III]:
2. Civil rights – rights which municipal a. accused has been heard in a
law will enforce at the instance of court of competent jurisdiction;
private individuals, for the purpose b. accused is proceeded against
of securing them the enjoyment of under the orderly processes of
their means of happiness; law;
3. Social and economic rights; and c. accused is given notice and
4. Human rights. opportunity to be heard; and
d. judgment rendered within
I. DUE PROCESS OF LAW authority of constitutional law
(Mejia v. Pamaran, 160 SCRA
 That which hears before it 457).
condemns, which proceeds upon
inquiry and renders judgment Requisites of Administrative Due
only after trial (Darmouth Process:
College v. Woodward, 4 a. right to a hearing, which
Wheaton 518). includes the right to present
one’s case and support evidence
Aspects of Due Process: in support thereof;
1. Substantive due process b. tribunal must consider evidence
Requisites: adduced;
a. the Interest of the public in c. decision must have something to
general, as distinguished from support itself;
that of a particular class require d. evidence must be substantial;
the intervention of the state; e. decision must be based on
b. means employed are reasonably evidence adduced, or at least
necessary for accomplishment of contained in the records and
purpose and not unduly disclosed to the parties;
oppressive. f. independent consideration of
evidence, and not rely on the
- Publication of laws is part of recommendation of a
substantive due process (Tañada v. subordinate; and
Tuvera, 146 SCRA 446). g. the decision must state the facts
and the law in such a way that
2. Procedural due process the parties can know the issues
Requisites of Civil Procedural due involved and the reasons for the
process: decision (Ang Tibay v. CIR, 69
a. an impartial court or tribunal Phil 635).
clothed with judicial power to
hear and determine matters Requisites of Due Process for Students
before it; before Imposition of Disciplinary
b. jurisdiction properly acquired Sanctions:
over person of defending and a. must be informed in writing of
over property which is subject the nature and cause of the
matter of proceeding; accusation against him;
c. opportunity to be heard; b. right to answer charges against
d. judgment rendered upon lawful him, with the assistance of
hearing and based on evidence counsel, if desired;
adduced (Banco Español Filipino c. informed of the evidence against
v. Palanca, G.R. No. L-11390. him;
March 26, 1918.) d. right to adduce evidence in his
behalf;
e. evidence must be duly considered  Phil 667); Must refer to one
by the investigating committee specific offense (Asian Surety v.
or official designated by the Herrera, 54 SCRA 312);
school to hear and decide the  For a search warrant, such facts
case.(Ateneo de Manila and circumstances which would
University v.Capulong, 222 SCRA lead a reasonably discreet and
644) prudent man to believe that an
 Right to appeal is not natural right offense has been committed and
nor part of due process, instead, that the objects sought in
it is a mere statutory right, but connection with the offense are
once given, denial constitutes in the place sought to be
violation of due process. searched (Burgos v. Chief of
Staff, 133 SCRA 800).
II. EQUAL PROTECTION OF LAW
(SEC. 1, ART. III) 2. Determination of probable cause
personally by the judge;
 all persons or things similarly
situated must be similarly treated SEARCH WARRANT OF
both as to rights conferred and WARRANT ARREST
responsibilities imposed.
The judge must It is not necessary
Requisites of Valid Classification: personally examine that the judge should
(SNAG) in the form of personally examine
searching questions the complainant and
1. Such classification rests upon and answers, in his witnesses
substantial distinctions; writing and under (Soliven v. Makasiar,
oath, the complaints 167 SCRA 393); the
2. It is germane to purpose of the law; and any witnesses he judge would simply
3. It is not confined to existing may produce on facts personally review the
conditions; personally known to initial determination
4. It applies equally to all members of them. (Sec. 4, Rule of the prosecutor to
the same class. (People v. Vera, 126, Rules of Court); see if it is supported
G.R. No. 45685. November 16, the determination of by substantial
1937). probable cause evidence; he merely
depends to a large determines the
III. SEARCHES AND SEIZURES extent upon the probability, not the
finding or opinion of certainty of the
(SEC. 2, ART. III)
the judge who accused and, in so
conducted the doing, he need not
Scope: a popular right and hence, required examination conduct a de novo
protects all persons, including aliens of the applicant and hearing (Webb v. De
(Qua Chee Gan v. Deportation Board, the witnesses (Kho v. Leon, 247 SCRA 652)
9 SCRA 27) and, to a limited extent, Judge Makalintal
artificial persons. (Bache & Co., Inc. G.R. No. 94902-06,
v. Ruiz, 37 SCRA 825) April 21, 1999)
Requisites of Valid Warrant:

3. After personally examining under
1. Probable Cause oath or affirmation of the
 Such facts and circumstances complainant and the witness he may
antecedent to the issuance of a produce;
warrant that in themselves are
sufficient to induce a cautious 4. On the basis of their personal
man to rely on them and act in knowledge of the facts they are
pursuance thereof (People v. testifying to;
Syjuco, 64
5. The warrant must describe
particularly the place to be searched
and the things or person to be person to be arrested has
seized. committed it; and
3. when a person to be arrested is an
SEARCH WARRANT OF escapee or detention prisoner. (Sec.
WARRANT ARREST 5, Rule 113, Revised Rules of
Criminal Procedure)
The description of “General warrants”
property to be seized are proscribed and - An application for or admission to bail
need not be unconstitutional shall not bar the accused from
technically accurate (Nolasco v. Puno, 139 challenging the validity of his arrest,
nor necessarily SCRA 152); However,
precise, and its a John Doe Warrant
provided that he raises them before
nature will (a warrant for the entering his plea. (Sec. 26,
necessarily vary apprehension of a Rule 114, Revised Rules of Criminal
according to whether person whose true Procedure)
the identity of the name is unknown)
property or its satisfies the Warrantless Searches, When Valid:
character is a matter constitutional 1. when right has been voluntarily
of concern; the requirement of waived (People v. Malasugui, 63 Phil
description is particularity if there 221);
required to be is some descrpitio
specific only in so far personae which will
2. as an incident to a lawful arrest,
as the circumstances enable the officer to provided search is contemporaneous
will allow (Kho v. identify the accused to arrest and within permissible area
Judge Makalintal, (Nachura, Reviewer of search (see Sec. 13, Rule 126,
G.R. No. 94902-06, in Political Law, p. Revised Rules on Criminal
April 21, 1999) 73) Procedure);
 a valid arrest must precede the
 Commissioner of Immigration search; the process cannot be
and Deportation may issue reversed. (People v. Chua Ho
warrant only for purpose of San, 308 SCRA 432).
carrying out a final decision of 3. searches of vessel and aircraft for
deportation (CID v. Judge De la violation of fishery, immigration and
Rosa, 197 SCRA 853) or there is customs laws (Roldan v. Arca, 65
sufficient proof of guilt of an SCRA 336);
alien (Harvey v. Defensor- 4. searches of automobiles at borders
Santiago, G.R. No. 82544, June or constructive borders for violation
28, 1988). of immigration and smuggling laws
(Papa v. Mago, 22 SCRA 857);
Exclusionary Rule – Evidence obtained in 5. Inspection of buildings and other
violation of Sec. 2, Art. III, shall be premises for the enforcement of
inadmissible for any purpose in any fire, sanitary and building
proceedings (Fruit of a Poisonous Tree regulations;
Doctrine) (Stonehill v. Diokno, 20 SCRA 6. Visual search at checkpoints
383) (Valmonte vs. de Villa, 178 SCRA
211);
Warrantless Arrest, When Valid 7. Conduct of “areal target zoning” and
1. when person to be arrested has “saturation drive” in the exercise of
committed, is actually committing, military powers of the President
or is attempting to commit an (Guazon v. de Villa, 181 SCRA 623);
offense; 8. When there is a genuine reason to
2. when “stop-and-frisk” in the light of the
a. an offense has just been police officer’s experience and
committed; and surrounding conditions to warrant a
b. he has probable cause to believe belief that the person detained has
based on personal knowledge of weapons concealed (Malacat v.
facts or circumstances that the Court of Appeals, G.R. No. 123595,
December 1, 1997 citing Terry vs. that State has right to prevent
Ohio); and (Schenck v. U.S., 249 US 97);
9. Where prohibited articles are in a. clear – causal connection with
plain view (Chia v. Actg. Collector the danger of the substantive
of Customs, 177 SCRA 755) evil arising from the utterance
questioned; and
Plain View Doctrine – objects within the b. present – time element,
sight of an officer who has the right to identified with imminent and
be in a position to have that view are immediate danger; the danger
subject to seizure and may be presented must not only be probable, but
as evidence (open to the eye and hand). very likely inevitable (Gonzales
v. Comelec, 27 SCRA 835).
Elements: 2. Dangerous tendency rule – words
a. a prior valid intrusion based on uttered create a dangerous tendency
the valid warrantless arrest in of an evil which the State has a right
which the police are legally to prevent (Cabansag v. Fernandez,
present in the pursuit of their 102 Phil. 502);
official duties;
b. the evidence was inadvertently 3. Balancing of interest rule – when
discovered by the police who particular conduct is regulated in
have the right to be where they interest of public order, and the
are; regulation results in an indirect,
c. the evidence must be conditional, partial abridgment of
immediately apparent; speech, the duty of the courts is to
d. plain view justified mere seizure determine which of the 2 conflicting
of evidence without further interests demands the greater
search. (People v. Bolasa, GR protection under the particular
No. 125754, Dec.22, 1999). circumstances presented (American
Communications Association v.
IV. PRIVACY OF COMMUNICATION AND Douds, 339 US 282).
CORRESPONDENCE
(SEC. 3(1), ART. III] Assembly and Petition:
 The right to assemble is not
Limitations: subject to prior restraint and
1. by lawful order of the court; may not be conditioned upon the
2. public safety or public order requires prior issuance of a permit or
otherwise, as may be provided by authorization from the
law (Sec. 3, Art. III). government authorities.
However, the right must be
V. FREEDOM OF EXPRESSION exercised in such a way as will
(SEC. 4, ART. III) not prejudice the public welfare
(De la Cruz v. Court of Appeals,
Aspects: G.R. Nos. 126183 &129221,
1. freedom from censorship or prior March 25, 1999).
restraint;
2. freedom from subsequent  If assembly is to be held at a
punishment. public place, permit for the use
of such place, and not for the
Tests for Valid Government assembly itself may be validly
Interference to Freedom of Expression: required. Power of local
officials is merely for regulation
1. Clear and present danger rule – and not for prohibition.
when words are used in such (Primicias v. Fugoso, 80 Phil 71)
circumstance and of such nature as  Permit for public assembly is not
to create a clear and present danger necessary if meeting is to be
that will bring about substantive evil held in:
a. a private place; VIII. RIGHT TO INFORMATION
b. the campus of a government- (SEC. 7, ART. III)
owned or operated
educational institution; or Rights guaranteed:
c. a freedom park. [B.P. Blg. 1. Right to information to matters of
880 (The Public Assembly public concern; and
Act of 1985)]. 2. Corollary right of access to official
records and documents.
VI. FREEDOM OF RELIGION  These are political rights that
(SEC. 5, ART. III) are available to citizens only.
(Bernas, Philippine Constitution,
1. Non-establishment clause p. 85)
Scope:
a. State cannot set-up church; IX. RIGHT TO FORM ASSOCIATIONS
b. Cannot pass laws which aid one (SEC. 8, ART. III
religion, all religions or prefer
one over another;  Right to form association shall
c. Nor influence a person to go to not be impaired without due
or remain away from church process of law;
against his will; nor
d. Force him to profess a belief or  Also guarantees the right not to
disbelief in any religion (Martin, join an association.
Reviewer in Political Law, p.
39) X. NON-IMPAIRMENT OF
CONTRACTS (SEC. 10, ART. III)
2. Freedom of religious belief and
worship Impairment – anything that diminishes
the efficacy of contract
Dual aspect of freedom of religious
belief and worship: Limitations:
1. police power – prevails over
a. Freedom to believe – absolute; contracts.
and 2. eminent domain – may impair
b. Freedom to act on one’s belief – obligations of contracts.
subject to regulation. 3. taxation – cannot impair obligation
of contracts.
VII. LIBERTY OF ABODE
(SEC. 6, ART. III) XI. RIGHTS OF AN ACCUSED UNDER
CUSTODIAL INVESTIGATION
Limitations: (SEC. 12, ART. III
1. Liberty of abode - lawful order of
the court 1. right to be informed of his right to
2. Right to travel remain silent and to counsel;
a. In the interest of national  Rationale:
security, public safety, public
a. to make him aware of it;
health, as may be provided by
b. to overcome the inherent
law;
pressure of the
b. any person on bail (Silverio vs.
interrogating atmosphere;
CA, G.R. No. 94284. April 8,
and
1991.)
c. to show the individual
that his interrogators are
prepared to recognize his
privilege should he choose
to invoke it.
 Carries the correlative a. to inform him that if he
obligation on the part of the does not have counsel or
investigator to explain, and cannot afford one, he
contemplates effective does not have to defend
communication which results in himself alone;
the subject understanding what is b. to inform him that his
conveyed (People v. Agustin, 240 poverty is no reason why
SCRA 541). he should lose his right to
counsel.
2. right to be reminded that if he
waives his right to remain silent, While the choice of the lawyer
anything he says can and will be is naturally lodged in the police
used against him; investigators, the suspect has the
- Rationale: final choice as he may reject the
a. to warn him of the counsel chosen for him and ask for
consequences of waiving another one (People v. Jerez,
his right to remain silent; G.R. No. 114385, January 19,
and 1998).
b. to make him aware that
this is an adversary 6. no force, etc. which vitiates free
system, and the police are will shall be used;
not acting in his interest.
7. secret detention places, etc., are
3. right to remain silent; prohibited;
4. right to have competent and 8. confessions/admissions obtained

independent counsel preferably of in violation of these rights are
his own choice; inadmissible as evidence.
- Rationale:  What is sought to be avoided
a. to mitigate the dangers by the rule is the evil of
of untrustworthiness in extorting from the very mouth
his testimony, since the of the person undergoing
inherent pressure interrogation for the
initially overcome by the commission of an offense the
right to remain silent very evidence with which to
may again run unless prosecute and thereafter to
coupled with the right to convict him (People v. Bonola,
counsel; G.R. No. 116394, June 19,
b. to lessen the possibility 1997).
of coercion by the
police. When available
“preferably of his own choice”  the rights under Sec.12, Art. III are
 does not mean that the available when the investigation is
choice of a lawyer is no longer a general inquiry unto an
exclusive as to preclude unsolved crime but has begun to
other equally competent focus on a particular suspect, the
and independent suspect has been taken into police
attorneys from handling custody, the police carry out a
the defense (People v. process of interrogation that lends
Barasina, 229 SCRA 450). itself to eliciting incriminating
statements (People v. Mara, 55 SCAD
5. right to be provided with counsel, 418).
if the person cannot afford the
services of former;
 Sec. 2 of RA No. 7438 provides that
Rationale:
custodial investigation shall include
the practice of issuing an invitation XII. RIGHT TO BAIL
to a person who is under (SEC. 13, ART. III)
investigation in connection with an
offense he is suspected to have BAIL
committed. - security given for the release of a
person in custody of law, furnished by
What rights may be waived: him or a bondsman, to guarantee his
1. the right to remain silent; appearance before any court as
2. the right to counsel. required under conditions specified
 Waiver must be in writing and in the under the rules of court. (see Sec. 1,
presence of counsel. Rule 114, Revised Rules of Criminal
Procedure).
What rights cannot be waived:
1. the right to be informed of his right - The right to bail may be invoked
to remain silent and to counsel; once detention commences even if
2. the right to counsel when making the no formal charges have yet to be
waiver of the right to remain silent filed (Teehankee v. Rovira, 75 Phil.
or to counsel. 634).
Rights of Person Suspected and - Suspension of the writ of habeas

Subsequently Charged: corpus does not suspend right to bail
[Sec.13, Art.III].
1. Before case is filed in
court/prosecutor for preliminary - Even when the accused has
investigation but after being put into previously jumped bail, still he
custody to or otherwise deprived of cannot be denied bail before
liberty, and on being interrogated by conviction if it is a matter of right.
police: The remedy is to increase the
a. to remain silent; amount of bail. (Sy Guan v. Amparo,
b. to be informed thereof; G.R. No. L-1771. December 4,
c. not to be subjected to force, 1947);
violence, threat, or intimidation
which vitiates free will; BAIL, A MATTER OF RIGHT
d. to have evidence obtained in (RULE 114, SEC. 4)
violation of these rights All persons in custody shall be admitted
inadmissible as evidence. to bail as a matter of right, with
sufficient sureties, or be released on
recognizance as prescribed by law or
2. After the case is filed in court:
this rule:
a. to refuse to be witness against
(a.) Before or after conviction by
himself; the MTC, and
b. not to have prejudice imputed (b.) Before conviction of the RTC
on him as a result of such of an offense not punishable
refusal; by death, reclusion perpetua
c. to testify on his behalf; or life imprisonment.
d. to cross-examination;
e. while testifying, to refuse
questions which tend to
incriminate him for some crime
other than present charge.
BAIL, WHEN DISCRETIONARY 9. whether he was a fugitive from
(RULE 114, SEC. 5) justice when arrested ; and
10. pendency of other cases where he is
Upon conviction by the RTC of an offense not on bail.
punishable by death, reclusion perpetua, or
life imprisonment, the court, on application,  Excessive bail shall not be required.
may admit the accused to bail. (Sec. 9, Rule 114, Revised Rules of
The court, in its discretion, may allow the Criminal Procedure)
accused to continue on provisional liberty
after the same bail bond during the period to WHEN BAIL SHALL BE DENIED
appeal subject to the consent of the
bondsman.
(RULE 114, SEC. 7)
If the court imposed a penalty of
imprisonment exceeding 6 years but not more No person, regardless of the stage of the
than 20 years, the accused shall be denied criminal prosecution, shall be admitted to
bail, or his bail previously granted shall be bail if:
cancelled, upon showing by the prosecution, (a.) charged with a capital offense, or
with notice to the accused, of the following an offense punishable by reclusion
or other similar circumstances: perpetua or life imprisonment; AND
(a) that the accused is a recidivist, quasi- (b.) evidence of guilt is strong.
recidivist, or habitual delinquent, or has
committed the crime aggravated by the  When the accused is charged with an
circumstance of reiteracion; offense punishable by reclusion
(b) that the accused is found to have
perpetua or higher, a hearing on the
previously escaped from legal
confinement, evaded sentence, or has motion for bail must be conducted
violated the conditions of his bail by the judge to determine whether
without valid justification; or not the evidence of guilt is strong
(c) that the accused committed the offense (Baylon v. Judge Sison, 243 SCRA
while on probation, parole, or under 284).
conditional pardon;
(d) that the circumstances of the accused or
his case indicate the probability of flight
 Without a hearing, the judge could
if released on bail; or not possibly assess the weight of the
(e) that there is undue risk that during the evidence against the accused before
pendency of the appeal, the accused granting the latter’s application for
may commit another crime. bail (Buzon v. Judge Velasco, 253
SCRA 601).
Hearing: whether bail is a matter of
right or of discretion, reasonable notice
of hearing is required to be given the XIII. RIGHTS OF THE ACCUSED
prosecutor, or at least he must be asked (SEC. 14, ART. III)
for his recommendation, because in
fixing the amount of bail, the judge is 1. Criminal Due Process:
required to take into account a number a. accused to be heard in court of
of factors (Cortes v. Judge Catral, A.M. competent jurisdiction;
No. RTJ-97-1387, September 10, 1997). b. accused proceeded against under
orderly processes of law;
Standards for fixing amount of bail: c. accused given notice and
1. financial ability of accused; opportunity to be heard;
2. nature and circumstances of offense; d. judgment rendered was within
3. penalty for offense; the authority of constitutional
4. character and reputation of accused; law.
5. age and health of accused;
6. weight of evidence against him; 2. Presumption of Innocence –
7. probability of his appearance at
trial; - Every circumstance favoring the
8. forfeiture of other bail; innocence of the accused must be
taken into account;
- The proof against him must Public – to prevent possible abuses
survive the test of reason; the which may be committed
strongest suspicion must not be against the accused.
permitted to sway judgment.
(People v. Austria, 195 SCRA 6. Right to meet witness face to face
700)
 Witnesses not submitted for
Equipoise or Equiponderance of cross-examination not admissible
Evidence– evidence of both sides are as evidence;
equally balanced.
 Right to cross-examination may
be waived.
Effect in criminal prosecution:
acquittal of accused because it is
7. Right to compulsory process to
insufficient to overcome presumption of
secure attendance of witnesses
innocence.
and production of evidence;
3. Right to be heard by himself and
8. Trial in absentia
counsel
 The accused is amply accorded  after arraignment;
legal assistance extended by a  due notice;
counsel who commits himself to  absence is unjustified.
the cause of the defense and
acts accordingly; an efficient XIV. HABEAS CORPUS
and truly decisive legal (SEC. 15, ART. III)
assistance, and not simply a
perfunctory representation WRIT OF HABEAS CORPUS
(People v. Bermas, G.R. No. – writ issued by court directed to
120420, April 21, 1999). person detaining another,
 Right to counsel during the trial commanding him to produce the
is not subject to waiver (Flores body of the prisoner at designated
v. Ruiz, 90 SCRA 428). time and place, with the day and
cause of his capture and detention,
4. Right to be informed of nature and to do, to submit to, and to receive
cause of accusation against him; whatever court or judge awarding
writ shall consider in his behalf.
 Description not designation of
(Nachura, Reviewer in Political Law,
the offense is controlling.
p. 135).
Void-for-vagueness rule – accused is
denied the right to be informed of the  Habeas corpus lies only where the
charge against him, and to due process restraint of a person’s liberty has
as well, where the statute itself is been judicially adjudged to be illegal
couched in such indefinite language that or unlawful (In Re: Petition for
it is not possible for men of ordinary Habeas Corpus of Wilfredo S.
intelligence to determine therefrom Sumulong-Torres, 251 SCRA 709).
what acts or omissions are punished and,
hence shall be avoided (Nachura,
Reviewer in Political Law, p. 131). XV.RIGHT TO SPEEDY DETERMINATION
OF CASES
5. Right to speedy, impartial and (SEC. 16, ART. III)
public trial;
Speedy – free from vexatious,  all persons shall have the right to
capricious and oppressive speedy disposition of cases before
delays; judicial, quasi-judicial and
Impartial – accused entitled to cold administrative bodies.
neutrality of an impartial judge.
XVI. SELF-INCRIMINATION 1. as punishment for a crime whereof
(SEC. 17, ART. III) one has been duly convicted [ Sec.
18(2), Art. III];
Availability: not only in criminal 2. service in defense of the state [Sec
proceedings, but also in all other 4, Art. II];
government proceedings, including 3. naval enlistment (Robertson v.
civil actions and administrative or Baldwin, 165 US 275);
legislative investigations. May be 4. posse comitatus (US v. Pompeya, 31
claimed not only by accused but by Phil. 245)
witness to whom an incriminating 5. return to work order in industries
question is addressed. affected with public interest
(Kaisahan ng Mangagawa sa Kahoy v.
Scope: applies only to testimonial Gotamco Sawmills, G.R. No. L-1573.
compulsion and production of March 29, 1948); and
documents, papers and chattels in 6. patria potestas [Art. 211, par.(2),
court except when books of account FC]
are to be examined in exercise of
power of taxation and police power. XIX. PROHIBITED PUNISHMENTS
(SEC. 19, ART. III)
Transactional Immunity Statute –
testimony of any person or whose Prohibited punishment - mere severity
possession of documents or other does not constitute cruel or unusual
evidence necessary or convenient to punishment. To violate constitutional
determine the truth in any guarantee, penalty must be flagrant
investigation conducted is immune from and plainly oppressive,
criminal prosecution for an offense to disproportionate to nature of offense as
which such compelled testimony relates to shock senses of community.
[Sec. 18 (8), Art. XIII].
XX. NON-IMPRISONMENT FOR DEBTS
Use and Fruit Immunity Statute – (SEC. 20, ART. III)
prohibits the use of a witness’
compelled testimony and its fruits in - No person shall be imprisoned for
any manner in connection with the debt or non-payment of poll tax.
criminal prosecution of the witness
(Galman v. Pamaran, 138 SCRA 274). Coverage:
1. Debt – any civil obligation arising
XVII. NON-DETENTION BY REASON OF from a contract.
POLITICAL BELIEFS OR ASPIRATION 2. Poll Tax – a specific sum levied upon
[SEC. 18 (1), ART. III] any person belonging to a certain
class without regard to property or
 No person shall be detained by occupation (e.g. Community Tax )
reason of his political beliefs or
aspirations
 A Tax is not a debt since it is an
obligation arising from law hence its
XVIII. INVOLUNTARY SERVITUDE [SEC. non-payment maybe validly punished
18 (2), ART. III] with imprisonment.
 Condition where one is
compelled by force, coercion, or XXI. DOUBLE JEOPARDY
imprisonment, and against his will, (SEC. 21, ART. III)
to labor for another, whether he is
paid or not. Requisites:
General Rule: No involuntary Servitude 1. valid complaint or information;
shall exist. 2. filed before competent court;
3. to which defendant has pleaded;
Except: and
4. defendant was previously acquitted of former complaint or information;
or convicted or the case dismissed and
or otherwise terminated without his 3. plea of guilty to lesser offense was
express consent (People v. Ylagan, made without the consent of
58 Phil 851) prosecutor or offended party (People
v. Judge Villarama, 210 SCRA 246).
Two types:
1. No person shall be twice put in Reopening of Kuratong Baleleng Cases:
jeopardy of punishment for the same The new rule (Rule117, Sec 8) has fixed
offense; a time-bar of one year or two years for
2. If an act is punishable by a law and the revival of criminal cases provisionally
an ordinance, conviction or acquittal dismissed with the express consent of
under either shall constitute a bar to the accused and with a priori notice to
another prosecution for the same the offended party.
act.
 The time-bar cannot be applied
 Dismissal of action, when made at retroactively in 1999 when the cases
instance of the accused, does not were dismissed for to so, the state
put accused in first jeopardy, shall effectively have less than two
except: years to reopen the case because the
a. when ground for dismissal is rule only took effect in December
insufficiency of evidence; or 2000. This would prevent absurd
b. when the proceedings have been results and injustice to the Sate.
unreasonably prolonged as to (People, et al. vs. Panfilo Lacson,
violate the right of the accused G.R. No. 149453, April 1, 2003)
to a speedy trial.
XXII. EX POST FACTO LAW AND BILL OF
Crimes covered: ATTAINDER
1. same offense; or attempt to commit (SEC. 22 ART. III)
or frustration thereof or for any
offense which necessarily includes or EX POST FACTO LAW
is necessarily included in the offense Kinds:
charged in original complaint or 1. law making an act criminal which
information; and was not before its passage;
2. when an act is punished by a law and 2. law aggravating penalty for
an ordinance, conviction or acquittal crime committed before passage;
under either shall bar another 3. law inflicting greater or more
prosecution for the same act. severe penalty;
4. law altering legal rules of
 Doctrine of Supervening Event – evidence and receive less or
prosecution for another offense different testimony than law
if subsequent development required at time of commission, in
changes character of the first order to convict accused;
indictment under which he may 5. law assuming to regulate civil
have already been charged or rights and remedies only, in effect
convicted. imposes a penalty
6. of deprivation of right for
Conviction of accused shall NOT bar something which when done was
another prosecution for an offense lawful;
which necessarily includes the offense 7. law depriving accused of some lawful
originally charged when: protection to which he had been
1. graver offense developed due to entitled, such a protection of a
supervening facts arising from the former conviction or acquittal, or a
same act or omission; proclamation of amnesty.
2. facts constituting graver offense
arose or discovered only after filing Characteristics:
1. refers to criminal matters; Constitution had been elected to
2. retroactive; and public office in the Philippines, are
3. prejudice the accused. considered Filipino citizens.
BILL OF ATTAINDER - legislative act that FPJ Disqualification Case: The 1935
inflicts punishment without trial; Constitution, during which regime
legislative declaration of guilt. respondent FPJ has seen first light,
confers citizenship to all persons
whose fathers are Filipino citizens
Article IV : CITIZENSHIP regardless of whether such children
are legitimate or illegitimate
(Tecson vs. Comelec, G.R. No.
I. CITIZENSHIP 161434. March 3, 2004)
- membership in a political
community which is personal and more Natural Born Citizens (Sec. 2, Art. IV)
or less permanent in character. 1. Citizens of the Philippines from birth
without having to perform any act to
Modes of acquiring citizenship: acquire or perfect their Philippine
1. By birth citizenship;
a. jus sanguinis; and 2. Those born before January 17, 1973
b. jus soli; of Filipino mothers, who elect
2. By naturalization; Philippine citizenship upon reaching
3. By marriage the age of majority
Citizens of the Philippines (Sec. 1, Art. Who Must Be Natural Born Citizens
IV): a.President [Sec.2, Art. VII];
1. Those who are Filipino citizens at b. Vice President [Sec.3, Art. VII];
time of adoption of the 1987 c.Members of Congress [Sec.3 & 6,
Constitution; Art. VI];
a. Those who are citizens under the d. Justices of the Supreme Court
Treaty of Paris; and lower collegiate courts [Sec.
b. Those declared citizens by 7(1), Art. VIII];
judicial declaration applying the e. Ombudsman and his deputies
jus soli principle, before Tio [Sec.8, Art.XI];
Tiam v. Republic (25 April 1957, f. Constitutional Commissions
G.R. No. L-9602); [Secs.1(1) of Arts. IX-B, IX-C, and
c. Those who are naturalized in IX-D];
accordance with law (Act 2927); g.Members of the governing board of
d. Those who are citizens under the the Central Monetary Authority
1935 Constitution; [Sec.20, Art. XII];
e. Those who are citizens under the h. Chairman and members of the
1973 Constitution. Commission of Human Rights
2. Those whose fathers or mothers are [Sec.17(2), Art.XIII].
citizens of the Philippines;
3. Those born before January 17, 1973, II. NATURALIZATION
of Filipino mothers, who elect
Philippines citizenship upon reaching Qualifications for Naturalization:
the age of majority; 1. not less than 18 years of age on date
 Time to elect: 3 years after age of hearing of petition (as amended
of majority by RA 6809);
4. Those naturalized in accordance 2. resided in the Philippines for not less
with law. than 10 years; may be reduced to 5
Caram Rule – under the 1935 years, if:
Constitution, those born in the a.honorably held office in the
Philippines of foreign parent, who Philippines;
before the adoption of the
b. established new industry or teach doctrines opposing all
introduced a useful invention; organized governments;
c.married to a Filipino woman; b. defending or teaching
d. engaged as teacher in necessity or propriety of
Philippine public or private violence, personal assault or
school not established for assassination for the success
exclusive instruction to or predominance of their
particular nationality or race, or ideas;
in any of branches of education c. polygamists or believers in
or industry for a period of not polygamy;
less than 2 years; and d. suffering from mental
e. born in the Philippines; alienation or incurable
3. character: contagious disease;
a.good moral character; e. convicted of crime involving
b.believes in the Constitution; moral turpitude;
c. conducted himself in an f. who during residence in the
irreproachable conduct during his Philippines have not mingled
stay in the Philippines; socially with Filipinos, or not
4. Own real estate in the Philippines evinced sincere desire to
not less than P5,000 in value; or learn and embrace customs,
have some lucrative trade, traditions and ideals of
profession or lawful occupation that Filipinos;
can support himself and his family; g. citizens or subjects of
5. Speak and write English or Filipino nations with whom the
and any principal Philippine dialects; Philippines is at war, during
(as amended by Sec. 6 Art. XIV); and the period of such war;
6. Enrolled minor children in any public h. citizens or subjects of
or private school recognized by foreign country whose laws
government where Philippine do not grant Filipinos right to
history, government and civics are become naturalized citizens
taught as part of curriculum, during or subjects thereof (no
the entire period of residence prior reciprocity).
to hearing of petition.
Effects of Naturalization :
Declaration of Intention – must be filed 1. ON THE WIFE
with the Office of the Solicitor General vests citizenship on wife who
one year before filing of application for might herself be lawfully
naturalization. naturalized; She need not prove
her qualifications but only that
Exception: she is not disqualified. (Moy Ya
a.Those born in the Philippines and Lim Yao v. Comm. of
received primary and secondary Immigration, 41 SCRA 292).
education in a Philippine school;
b.Those who have resided in the 2. ON THE MINOR CHILDREN
Philippines for thirty years; (i) If born in the Philippines –
c. The widow or children of the automatically becomes a citizen;
applicant who died before his If born abroad
application was granted.
If born before the naturalization

Disqualification for Naturalization: of
a. opposed to organized the father
government or affiliated (ia) residing in RP at the
with any association or group time of naturalization –
of persons who uphold and
automatically becomes renounced or forfeited it under the
citizen; laws of the second state whose
(ib) if not residing in RP at nationality he has acquired.
the time of
naturalization – III. LOSS OF PHILIPPINE CITIZENSHIP:
considered citizen only (CA 63) (C2 RAND)
during minority, unless
begins to reside 1. Naturalization in a foreign country;
permanently in the 2. Express renunciation of citizenship
Philippines; (expatriation);
(ii) If born born outside the – The mere application or
Philippines after parents’ possession of an alien certificate
naturalization considered of registration does not amount
Filipino, provided registered to renunciation (Mercado vs.
as such before any Manzano, G.R. No. 135083, May
Philippines consulate within 26, 1999)
1 year after attaining 3. Subscribing to an oath of allegiance
majority age and takes oath to constitution or laws of foreign
of allegiance. upon attaining of 21 years of age;
 Citizens may not divest
Grounds for Denaturalization: citizenship when Philippines is at
a) naturalization certificate war.
obtained fraudulently or 4. Rendering service to or accepting
illegally; commission in the armed forces of a
b) if, within 5 years, he returns to foreign country;
his native country or to some 5. Cancellation of certificate of
foreign country and establishes naturalization;
residence therein; 6. Having been declared by final
c) naturalization obtained through judgment a deserter of Philippines
invalid declaration of intention; Armed Forces in times of war.
d) minor children failed to graduate
through the fault of the parents General Rule: Res judicata does not
either by neglecting support or set in citizenship cases.
by transferring them to another
school; and Exception:
e) allowing himself to be used as 1. person’s citizenship is
dummy. resolved by court or an
administrative body as a
Effects of Denaturalization: material issue in the
a) If ground affects intrinsic controversy, after a full-
validity of proceedings, blown hearing;
denaturalization shall divest 2. with the active participation
wife and children of their of the Solicitor General or
derivative naturalization; his representative; and
and 3. finding of his citizenship is
b) If the ground is personal, the affirmed by the Supreme
wife and children shall retain Court.
citizenship.
Doctrine of Indelible Allegiance – an IV. REACQUISITION OF

individual may be compelled to CITIZENSHIP
retain his original nationality
notwithstanding that he has already 1. By naturalization;
2. By repatriation; a. Natural born citizens of the
 RA 8171 is an act providing for Philippines who have lost their
the repatriation of: Philippine citizenship by reason
a. Filipino women who have of their naturalization as citizens
lost their Philippine of a foreign country are deemed
citizenship by marriage to to have re-acquired Philippine
aliens and; citizenship; and
b. natural-born Filipinos who b. Natural born citizens of the
have lost their Philippine Philippines who, after the
citizenship on account or effectivity of the said RA become
political or economic citizens of a foreign country shall
necessity. retain their Philippine
 The applicant should not be a: citizenship.
a. Person opposed to organized
government or affiliated Derivative Citizenship - The unmarried
with any association or group child, whether legitimate,
of persons who uphold and illegitimate or adopted, below
teach doctrines opposing eighteen (18) years of age, of those
organized government; who re-acquire Philippine citizenship
b. Person defending or teaching upon effectivity of the said RA shall
the necessity or propriety of be deemed citizens of the
violence, personal assault, or Philippines.
association for the
predominance of their ideas; V. DUAL ALLEGIANCE
c. Person convicted of crimes (Sec. 5, Art. IV)
involving moral turpitude: or
d. Person suffering from mental DUAL DUAL
alienation or incurable CITIZENSHIP ALLEGIANCE
contagious diseases.
1. Arises when, as a 1. Refers to the
result of situation where a
 Repatriation shall be effected by concurrent person
taking the necessary oath of application of the simultaneously
allegiance to the Republic of the different laws of owes, by some
Philippines and registration in two or more positive act,
the proper civil registry and in states, a person is loyalty to two or
the Bureau of Immigration. The simultaneously more states.
Bureau of Immigration shall considered a
thereupon cancel the pertinent national by said
states.
alien certificate of registration
and issue the certificate of 2. Involuntary 2. Result of an
identification as Filipino citizen individual’s
to the repatriated citizen. volition and is
prohibited by the
 Allows the person to recover or Constitution
return to his original status
before he lost his Philippine
citizenship (Bengzon III v. HRET,
G.R. No. 142840, May 7, 2001)
3. By direct act of Congress.
RA 9225 also known as the "Citizenship Article V : SUFFRAGE

Retention and Re-acquisition Act of
2003," approved on August 29, 2003 I. SUFFRAGE
provides that, upon taking the oath of - right to vote in elections.
allegiance to the Republic: Who may exercise (Sec. 1, Art. V)
1. all citizens of the Philippines, not a. Those who have lost their
otherwise disqualified by law; Filipino citizenship in accordance
2. at least 18 years of age with Philippine laws;
3. resided in the Philippines for at least b. Those who have expressly
one year; and renounced their Philippine
4. resided in the place they propose to citizenship and who have
vote for at least 6 months pledged allegiance to a foreign
immediately preceding the election. country;
c. Those who have committed and
II. RESIDENCE are convicted in a final judgment
- has dual meaning (Sec.1, Art. V): by a court or tribunal of an
First – as a requirement of residence offense punishable by
in the Philippines: synonymous with imprisonment of not less than
“domicile” one (1) year, including those who
 imports both intention to reside have committed and been found
and personal presence coupled guilty of Disloyalty as defined
with conduct indicative of such under Article 137 of the Revised
intention. Penal Code, such disability not
Second – requirement of residence in having been removed by plenary
the place where one intends to vote: pardon or amnesty; Provided,
however, That any person
 can mean domicile or temporary disqualified to vote under this
residence
subsection shall automatically
acquire the right to vote upon
Requisites of Acquisition of Domicile by
expiration of five (5) years after
Choice:
service of sentence; Provided,
1. residence or bodily presence in the
further, That the Commission
new locality;
may take cognizance of final
2. an intention to remain there; and
judgments issued by foreign
3. an intention to abandon the old
courts or tribunals only on the
residence. (Gallego v. Verra, 73 Phil.
basis of reciprocity and subject
453)
to the formalities and processes
prescribed by the Rules of Court
III. THE OVERSEAS ABSENTEE VOTING
on execution of judgments;
ACT OF 2003 (R.A. 9189)
d. An immigrant or a permanent
resident who is recognized as
1. Definition of Terms
such in the host country, unless
Absentee Voting - the process by
he/she executes, upon
which qualified citizens of the
registration, an affidavit
Philippines abroad exercise their
prepared for the purpose by the
right to vote;
Commission declaring that
Overseas Absentee Voter - a citizen
he/she shall resume actual
of the Philippines who is
physical permanent residence in
qualified to register and vote
the Philippines not later than
under this Act, not otherwise
three (3) years from approval of
disqualified by law, who is
his/her registration under this
abroad on the day of elections.
Act. Such affidavit shall also
2. Coverage – all citizens of the
state that he/she has not applied
Philippines abroad, who are not
for citizenship in another
otherwise disqualified by law, at
country. Failure to return shall
least eighteen (18) years of age on
be the cause for the removal of
the day of elections, may vote for
the name of the immigrant or
president, vice-president, senators
permanent resident from the
and party-list representatives.
National Registry of Absentee
3. Disqualifications
Voters and his/her permanent
disqualification to vote in
absentia. Classes of initiative:
e. Any citizen of the Philippines 1. Initiative on the Constitution –
abroad previously declared petition proposing amendments
insane or incompetent by to the Constitution;
competent authority in the 2. Initiative on Statutes – petition
Philippines or abroad, as verified proposing to enact a national
by the Philippine embassies, legislation;
consulates or foreign service 3. Initiative on Local Legislation –
establishments concerned, petition proposing to enact a
unless such competent authority regional, provincial, city,
subsequently certifies that such municipality or barangay law,
person is no longer insane or resolution or ordinance.
incompetent.
Limitations:
1. power of local initiative shall not be
Article VI : LEGISLATIVE exercised more than once a year;
DEPARTMENT 2. initiatives shall extend only to
subjects or matters which are within
I. LEGISLATIVE POWER the legal powers of the local
1. power to propose, enact, amend and legislative bodies to enact;
repeal laws. 3. if at anytime before the initiative is
2. Vested in Congress, except to the held, the local legislative body shall
extent reserved to the people by adopt in toto the proposition
provision on initiative and presented, the initiative shall be
referendum. cancelled.
The People’s Participation in the Limitation on Local Legislative Body

Government Consist of: vis-a-vis Local Initiative:
- Any proposition or ordinance
1. Suffrage approved through an initiative and
referendum shall not be repealed,
2. Plebiscite modified or amended by the sanggunian
a. Ratifying the Constitution within 6 months from the date of
[Sec.27, Art. XVIII]; approval thereof, and may be amended ,
b. Approving any amendment modified or repealed within 3 years
thereto [Sec.4, Art.XVII]; thereafter by a vote of ¾ of all its
c. Approving any changes in members. In case of barangays, the
boundaries of LGUs, period shall be 18 months after approval.
mergers, divisions, or (Sec. 125, RA 7160)
abolitions of LGUs [Sec.10,
Art.X]; Indirect Initiative – exercise of initiative
d. Creating metropolitan by the people through a proposition sent
authorities [Sec.11, Art.X]; to Congress or the local legislative body
e. Creating autonomous regions for action.
[Sec.18, Art.X].
Referendum – power of the electorate
3. Referendum and Initiative to approve or reject legislation through
an election called for that purpose.
Initiative – power of the people to Classes of Referendum:

propose amendments to the 1. Referendum on Statutes –
Constitution or to propose and petition to approve or reject an
enact legislation through an act or law, or part thereof,
election called for the purpose. passed by Congress;
2. Referendum on Local Laws – organization
legal process whereby the
registered voters of the local
government units may approve,
2. Must be a
amend or reject any ordinance
resident of his 2. No special
enacted by the sanggunian. (Sec. legislative district residency
126, RA 7160 or the LGC of 1991) for at least 1 year requirement
immediately
II. COMPOSITION before the
election
Senate – 24, elected at large by the
qualified voters of the 3. Elected 3. Voted upon by
Philippines; personally, i.e. party or
House of Representatives – not more by name. organization. It is
only when a party
than 250 members consisting of:
is entitled to
a. District Representatives – representation
elected from legislative that it designates
districts apportioned among who will sit as
the provinces, cities and the representative.
Metropolitan Manila area;
b. Party-list Representatives – 4. Does not lose 4. If he/she changes
shall constitute 20% of the seat if he/she party or
total number of changes party or affiliation, loses
affiliation. his seat, in which
representatives, elected
case he/she will
through a party-list system be substituted by
of registered national, another qualified
regional and sectoral parties person in the
or organizations. party /
organization based
– The Party-list organization on the list
must represent the submitted to the
“marginalized and COMELEC
underprivileged” and the
5. In case of 5. In case of vacancy,
nominees themselves must
vacancy, a a substitution will
comply with this qualitative special election be made within
requirement (Ang Bagong may be held the party, based
Bayani, et al. vs. Comelec provided that the on the list
G.R. No. 147589, June 26, vacancy takes submitted to the
2001) place at least 1 COMELEC.
year before the
DISTRICT PARTY-LIST next election.
REPRESENTATIVE REPRESENTATIVE
6. A district 6. A party-list repre-
representative is sentative cannot
1. Elected according 1. Elected nationally,
not prevented sit if he ran and
to legislative with party-list
from running lost in the previous
district by the organizations
again as a district election.
constituents of garnering at least
representative if
such district 3% of all the votes
he/she lost
cast for the party-
during the
list system
previous election.
entitled to 1 seat,
which is increased
according to 7. A change in 7. A change in
proportional affiliation within affiliation within
representation, 6 months prior to 6 months prior to
but is in no way to election does not election prohibits
exceed 3 seats per prevent a district the party-list
representative representative
from running from sitting as a. declaring the existence of
under his new representative the vacancy;
party. under his new b. calling for a special election
party or to be held within 45 to 90
organization.
days from the date of the
resolution or certification.
III. APPORTIONMENT OF LEGISLATIVE
DISTRICT
 the Senator or representative
elected shall serve only for the
[Sec. 5 (3) and (4), Art. VI]
unexpired term.
1. Maintain proportional
V. SESSIONS
representation based on number
[SEC. 14, ART. VI]
of inhabitants;
 Each city with not less than 1. Regular – convene once every year.
250 thousand inhabitants, The fourth Monday of July until 30
entitled to at least one (1) days before the start of new regular
representative; session;
 Each province, irrespective 2. Special
of the number of a. called by the President [Sec. 15,
inhabitants, entitled to at Art VII];
least one (1) representative. b. to call a special election due to
2. Each district must be contiguous, a vacancy in the offices of the
compact and adjacent. President and Vice President at
Gerrymandering is not allowed; 10 o’clock a.m. on the third day
 Gerrymandering – formation after the vacancies [Sec. 10, Art.
of one legislative district out VII];
of separate territories for c. to decide on the disability of the
the purpose of favoring a President because the majority
candidate or a party (Bernas, of all the
Reviewer in Philippine members of the cabinet has
Constitution, P. 186) “disputed” his assertion that he
3. Reapportionment within 3 years is able to discharge the powers
following return of every census. and duties of his office [Sec.11
par(3), Art. VII];
IV. ELECTION d. to revoke or extend the
Presidential Proclamation of
1. Regular – second Monday of May, Martial Law or suspension of the
every three years writ of habeas corpus. [Sec. 18,
2. Special (RA 6645) – Art. VII]
 No special election will be called 3. Joint sessions –
if vacancy occurs: a. voting separately
a. at least eighteen (18) (i) choosing the President [Sec.
months before the next 4, Art. VII];
regular election for members (ii) determine President’s
of the Senate; disability [Sec. 11, Art. VII];
b. at least (1) year before the (iii) confirming nomination of
next regular election for Vice-President [Sec. 9, Art.
Members of Congress. VI];
(iv) declaring existence of a
 The particular House of Congress
state of war [Sec. 23, Art.
where vacancy occurs must pass
VI];
either a resolution if Congress is
(v) proposing constitutional
in session or the Senate
amendments [Sec. 1, Art.
President or the Speaker must
XVII].
sign a certification, if Congress is
b. voting jointly –
not in session,
(i.) to revoke or extend by Congress and approved by the
proclamation suspending President (Mabanag v. Lopez Vito, 78
the privilege of writ of Phil. 1)
habeas corpus [Sec. 18, Art.
VII]; Journal Entry vs. Enrolled Bill
(ii.) to revoke or extend  Enrolled bill prevails (Field v. Clark,
declaration of martial law 143 US 649), except to matters,
[Sec. 18, Art. VII]. which under the Constitution, must
4. Adjournment – neither Chamber be entered into the Journal.
during session, without the consent (Astorga v. Villegas, 56 SCRA 714)
of the other, adjourn for more than
3 days, nor any other place than that VIII. CONGRESSIONAL ELECTORAL
in which the two Chambers shall be TRIBUNALS (SET OR HRET) (SEC. 17,
sitting [Sec. 16 (5), Art. VI]. ART. VI)
Adjournment Sine Die – interval Composition:

between the session of one Congress and 1. 3 Supreme Court Justices designated
that of another; Congress must “stop the by Chief Justice; and
clock” at midnight of the last day of 2. 6 members of the Chamber
session in order to validly pass a law. concerned (Senate or HR) chosen on
the basis of proportional
 The Senate is a continuing body representation from political parties
while the House is not. and parties registered under the
party-list system
VI. DISCIPLINE OF MEMBERS Senior Justice shall act as Chairman.
[SEC. 16 (3), ART. VI]
 Each house may punish its members Power of Electoral Tribunals:
for disorderly behavior, and, with 1. Sole judge of all contests relating to
the concurrence of 2/3 of all its the election, returns and
members, suspend (for not more qualification of their respective
than 60 days) or expel a member. members.(Sec. 17, Art. VI)
2. Rule-making power (Lazatin v.
The interpretation of the phrase HRET, 168 SCRA 391)
disorderly behavior is the
prerogative of the House concerned  It is independent of the Houses of
and cannot be judicially reviewed. Congress and its decisions may be
(Alejandrino v. Quezon, 46 Phil 83). reviewed by the Supreme Court only
upon showing of grave abuse of
VII. MATTERS MANDATED BY discretion.
CONSTITUTION TO BE ENTERED
INTO THE JOURNAL IX. COMMISSION ON APPOINTMENTS
[SEC. 16 (4), ART. VI] (SEC. 18, ART. VI)
1. yeas and nays on third and final
reading of a bill [Sec. 26(2), Art. VI]; Composition:
2. veto message of President [Sec.  12 Senators and 12 Representatives,
27(1), Art.VI]; elected by each house on the basis
3. yeas and nays on re-passing a bill of proportional representation from
vetoed by President [Sec.27(1), Art. the political parties and parties and
VI]; and organizations registered under the
4. yeas and nays on any question at the party-list system represented
request of 1/5 of members present therein.
[Sec.16(4), Art.VI].  Senate President as ex-officio
chairman.
Enrolled Bill – conclusive upon courts as
 Chairman shall not vote except in
regards the tenor of the measure passed
case of tie.
(iii) on taxation [Sec. 28 and 29
Powers: (3), Art. VI; Sec 4 (3), Art.
1. Shall act on all appointments XIV];
submitted to it within 30 session (iv) on constitutional appellate
days of Congress from their jurisdiction of Supreme
submission; and Court [Sec. 30, Art. VI];
2. Power to promulgate its own rules of (v) no law granting title of
proceedings. royalty or nobility shall be
passed [Sec. 31, Art. VI];
X. POWERS OF CONGRESS (vi) no specific funds shall be
appropriated or paid for use
Classification of Powers: or benefit of any religion,
sect, etc., except for
1. Legislative – priests, etc., assigned to
General plenary power (Sec.1, AFP, penal institutions, etc.
Art.VI); [Sec.29(2), Art.VI].
specific power of appropriation,
taxation and expropriation; b. Implied:
legislative investigations; (i) prohibition against
question hour. irrepealable laws;
(ii) non-delegation of powers.
2. Non-Legislative – includes power to:
a. canvass presidential elections; 2. Procedural –
b. declare existence of a state of a. only one subject, to be stated in
war; the title of the bill [Sec. 26(1),
c. delegation of emergency powers; Art. VI]; and
d. call special election for b. 3 readings on separate days;
President and Vice-President; printed copies of the bill in its
e. give concurrence to treaties and final form distributed to
amnesties; members 3 days before its
f. propose constitutional passage, except if President
amendments (constituent certifies to its immediate
power); enactment to meet a public
g. confirm certain appointments; calamity or emergency; upon its
h. impeach; last reading , no amendment
i. decide the disability of the allowed and the vote thereon
President because majority of taken immediately and the yeas
the Cabinet disputes his and nays entered into the
assertion that he is able to Journal [Sec. 26(2), Art. VI];
discharge his duties; c. appropriation, revenue and tariff
j. revoke or extend proclamation bill (RAT Bills) shall originate
of suspension of privilege of writ exclusively from the House of
of habeas corpus or declaration Representatives (Sec. 24, Art. VI)
of martial law (to revoke =  shall originate exclusively
legislative veto) from the House – the
k. power with regard to utilization initiative for filing of RAT
of natural resources [Sec.2, Art. Bills must come from the
XII]; House, but it does not
prohibit the filing in the
Limitations on the Powers of Congress: Senate a substitute bill in
1. Substantive – anticipation of its receipt of
a. Express: the bill from the House, so
(i) bill of rights [Art. III]; long as the action by the
(ii) on appropriations [Sec. 25 Senate is withheld pending
and 29 (1) and (2), Art. VI]; the receipt of the House bill.
(Tolentino v. Sec. Of 5. Prohibition against transfer of
Finance, 235 SCRA 630). appropriations (doctrine of
augmentation), however:
POWER OF APPROPRIATION a. President;
Appropriations Law – a statute, the b. Senate President;
primary and specific purpose of c. Speaker of the House of
which, is to authorize release of Representative;
public funds from treasury. d. Chief Justice; and
e. Heads of Constitutional
- The existence of appropriations Commissions –
and the availability of funds are may, by law, be authorized to
indispensable pre-requisites to or augment any item in the general
conditions sine qua non for the execution appropriations law for their
of government contracts. (Comelec v. respective offices from savings in
Judge Quijano-Padilla and Photokina other items of their respective
Marketing Corp., G.R. No. 151992, appropriations.
September 18, 2002) 6. Prohibitions against appropriations
for sectarian benefit; and
Implied Limitations on Appropriation 7. Automatic re-appropriation.
Power:
1. must specify public purpose; and Limitations on Power of Legislative
2. sum authorized for release must be Investigation [Sec. 21, Art. VI]
determinate, or at least 1. must be in aid of legislation;
determinable. 2. in accordance with duly published
rules of procedures; and
Constitutional Limitations on Special 3. right of person appearing in, or
Appropriations Measures: affected by such inquiry shall be
1. must specify public purpose for respected.
which the sum was intended; and
2. must be supported by funds actually QUESTION LEGISLATIVE
available as certified by National HOUR INVESTIGATION
Treasurer or to be raised by (Sec. 22, Art. VI) (Sec. 21, Art. VI)
corresponding revenue proposal
included therein. [Sec. 25(4), Art. 1. As to persons who may appear
VI].
only a department any person
Constitutional Rules on General head
Appropriations Laws (Sec. 25, Art. VI)
1. Congress may not increase
2. As to who conducts the investigation
appropriations recommended by the
President for operations of entire body committees
Government;
2. Form, content and manner of 3. As to subject matter
preparation of budget shall be
provided by law; Matters related to any matter for the
3. No provision or enactment shall be the department purpose of
embraced in the bill unless it relates only legislation
specifically to some particular
appropriations therein;
4. Procedure for approving
appropriations for Congress shall be
the same as that of other
departments in order to prevent sub-
rosa appropriations by Congress. XI. LEGISLATIVE PROCESS
Doctrine of shifting majority: For each objections to the House where it
House of Congress to pass a bill, only originated, within 30 days after
the votes of the majority of those the date of receipt;
present in the session, there being a 4. A bill calling a special election
quorum, is required. for President and Vice-President
under Sec. 10, Art. VII becomes
Quorum – majority of each House, but a law upon third and final reading.
smaller number may adjourn from day to
day and may compel the attendance of PRESIDENTIAL VETO
absent Members in such manner and
under such penalties as such House may General Rule: If the President
determine [Sec. 16(2), Art. VI]. disapproves a bill enacted by Congress,
 The basis for determining the he should veto the entire bill. He is not
existence of a quorum in the Senate allowed to veto separate items of a bill.
shall be the total number of Senators
who are in the country and within Exception: Item-veto in the case of
the coercive jurisdiction of the appropriation, revenue, and tariff bills
Senate (Avelino v. Cuenco, 83 Phil [Sec. 27 (2), Art. VI].
17).
Exceptions to the exception:
Bills that must originate from the 1. Doctrine of Inappropriate
House of Representatives: Provisions – a provision that is
1. Appropriations bill; constitutionally inappropriate for an
2. Revenue and tariff bills; appropriation bill may be singled out
3. Bill authorizing increase in public for veto even if it is not an
debts; appropriation or revenue “item”
4. Bill of local application; and (Gonzales v. Macaraig, Jr., 191 SCRA
5. Private bills [Sec.24, Art. VI]. 452).
2. Executive Impoundment - refusal
Procedure for Approval of Bills: of the President to spend funds
1. Bill is approved by both chambers; already allocated by Congress for
2. President approves and signs it; specific purpose. It is the failure to
3. If the President vetoes the bill, spend or obligate budget authority of
return bill with presidential any type. (Philconsa v. Enriquez,
objections to the house of origin. G.R. No. 113105. August 19, 1994).
Veto may be overridden upon vote of
2/3 of all members of the House of Pocket Veto – occurs when (1) the
origin and other house; and President fails to act on a bill and (2)
4. Presidential inaction for 30 days the reason he does not return the
from receipt of the bill: bill becomes bill to Congress is that Congress is
a law as if the same has been signed not in session.
by him  Not applicable in the Philippines
because inaction by the
How a Bill becomes Law: President for 30 days never
1. Approved and signed by the produces a veto even if Congress
President; is in recess. The President must
2. Presidential veto overriden by still act to veto the bill and
2/3 vote of all members of both communicate his veto to
Houses; Congress without need of
returning the vetoed bill with his
veto message.
3. Failure of the President to veto Article VII:

the bill and to return it with his EXECUTIVE DEPARTMENT
b. prior recommendation or
I. ELECTION nomination by the Judicial and
Bar Council;
1. Regular – second Monday of May, (i) Members of the Supreme
every six years; Court and all lower courts
2. Special (Sec.9, Art. VIII); and
Requisites: (ii) Ombudsman and his 5
a. death, permanent disability, deputies.
removal from office or
resignation of both the President c. requiring nominations by multi-
and the Vice President; sectoral groups;
b. vacancies occur more than (i) Regional consultative
eighteen months before the next commission (Sec. 18, Art. X);
regular presidential election; and
c. a law passed by Congress calling (ii) Party-list representatives,
for a special election to elect a before the Party-List Law
President and a Vice President to (Sec.7,Art. XVIII).
be held not earlier than 45 days
nor later than 60 days from the d. appointment of Vice-President as
time of such call.[Sec.10, member of the Cabinet;
Art.VII].
e. appointment solely by the
II. POWERS OF THE PRESIDENT President.
(i) those vested by the
1. EXECUTIVE POWER – power to Constitution on the President
enforce and administer laws. alone;
 President shall have control of (ii) those whose appointments
all executive departments, are not otherwise provided
bureaus and offices. He shall for by law;
ensure that laws are faithfully (iii) those whom he may be
executed. (Sec. 17, Art. VII) authorized by law to
 Until and unless a law is appoint; and
declared unconstitutional, (iv) those other officers lower in
President has a duty to execute rank who appointment is
it regardless of his doubts as to vested by law in the
its validity (faithful execution President alone.
clause) [Sec.1 and 17 Art. VII]
Appointing Procedure for those that
2. POWER OF APPOINTMENT need CA Confirmation:
a. with the consent of the 1. nomination by the President;
Commission on Appointments 2. confirmation by the Commission on
(i) heads of executive Appointments;
departments; 3. issuance of commission; and
(ii) ambassadors and other 4. acceptance by appointee.
public ministers and  Deemed complete upon acceptance
consuls; (Lacson vs Romero, 84 Phil 740)
(iii) officers of the AFP from the
rank of colonel or naval Limitations on Appointing Power:
captain; and 1) appointments made by an
(iv) other ministers whose acting-President shall remain
appointments are vested in effective unless revoked within
him by the Constitution 90 days from assumption of
(Sarmiento v. Mison, GR No. office by elected President [Sec.
79974, December 17, 1987) 14, Art. VII]; and
2) President or acting-President
shall not make appointments
except temporary ones to of the Secretaries of Executive
executive positions 2 months departments when performed and
immediately before next promulgated in the regular course of
Presidential elections and up to business or unless disapproved or
the end of his term. Only when reprobated by the Chief Executive,
continued vacancy will prejudice are presumptively the acts of the
public service or endanger public Chief Executive (Villena v. Secretary
safety [Sec. 15, Art. VII]. of the Interior, 67 Phil 451).
3) The spouse and relatives by
consanguinity or affinity within 5. MILITARY POWERS (SEC. 18, ART.
the 4th civil degree of the VIII)
President shall not, during his a. Commander-in –Chief clause
tenure be appointed as:  To call out the Armed Force
a. members of the to prevent or suppress
Constitutional Commissions; lawless violence, invasion or
b. member of the Office of the rebellion;
Ombudsman;  organize courts martial and
c. Secretaries; create military commissions.
d. Undersecretaries;
e. Chairman or heads of b. Suspension of the Privilege of
bureaus or offices, including Writ of Habeas Corpus and
GOCC and their subsidiaries. Declaration of Martial Law
[Sec.13,par. 2, Art. VII] (i.) Grounds: invasion or
4. The President shall have the power rebellion, when public safety
to make appointments during the requires it.
recess of the Congress, whether (ii.) Duration: not more than 60
voluntary or compulsory, but such days, following which it shall
appointments shall be effective only be lifted, unless extended by
until disapproval by the CA or until Congress.
the next adjournment of the (iii.) Duty of the President to
Congress. [Sec. 16 par.2, Art. VII] report to Congress: within 48
hours personally or in
3. POWER OF REMOVAL writing.
(iv.) Authority of Congress to
General rule: this power is implied revoke or extend the
from the power to appoint. effectivity of proclamation:
by majority vote of all of its
Exception: those appointed by him members voting jointly.
where the Constitution prescribes (v.) Authority of the Supreme
certain methods for separation from Court: to inquire into the
public service.(e.g. impeachment) sufficiency of the factual
basis for such action, at the
4. POWER OF CONTROL instance of any citizen.
Control – power of an office to: Decision must be
 Alter, promulgated 30 days within
 Modify, its filing.
 Nullify, or (vi.) Proclamation does not
 Set aside affect the right to bail.
what a substitute had done in (vii.) Suspension applies only
the performance of his duties to persons facing charges of
and to substitute his judgment to rebellion or offenses
that of the former (Mondano v. inherent in or directly
Silvosa, 97 Phil, 143). connected with invasion.
(viii.) Person arrested must be
 Doctrine of Qualified Political charged within 3 days; if
Agency or Alter Ego Principle – acts not, must be released.
(ix.) Proclamation does not 6. cannot restore public offices
supersede civilian authority. forfeited.
Effects of Proclamation of Martial Law Pardon – act of grace which exempts

1. The President can: individual on whom it is bestowed
a. Legislate; from punishment which the law
b. order the arrest of people who inflicts for a crime he has
obstruct the war effort. committed.
2. The following cannot be done: Pardon Classified:
a. suspend the operation of the 1. Plenary or partial; and
Constitution. 2. Absolute or conditional.
b. Supplant the functioning of the
civil courts and the legislative Commutation – reduction or
assemblies; mitigation of the penalty.
c. Confer jurisdiction upon military
courts and agencies over Reprieve – postponement of sentence or
civilians, where civil courts are stay of execution.
able to function.
Open Court Doctrine – civilians Parole – release from imprisonment, but
cannot be tried by military without full restoration of liberty, as
courts if the civil courts are open parolee is in the custody of the law
and functioning. although not in confinement.
d. Automatically suspend the
privilege of the writ of habeas Amnesty – act of grace, concurred in by
corpus.[Sec.18, par(4), Art.VII]. the Legislature, usually extended to
groups of persons who committed
Four ways for the proclamation or political offenses, which puts into
suspension to be lifted: oblivion the offense itself.
1. lifting by the President himself;
2. revocation by Congress;
3. nullification by the Supreme Court;
4. operation of law after 60 days. AMNESTY PARDON
6. PARDONING POWER 1. Political 1. Infraction of

(SEC. 19, ART. VII) offenses peace/ common
crimes
 discretionary, may not be
controlled by the legislature or
reversed by the court, unless 2. Classes of 2. individuals
there is a constitutional persons
violation.
Limitations: 3. Requires 3. does not require

1. cannot be granted in cases of concurrence of concurrence of
impeachment; Congress Congress
2. cannot be granted in violations
of election laws without 4. Public act to 4. Private act
favorable recommendations of which court may which must be
the COMELEC; take judicial pleaded and
notice of proved
3. can be granted only after
convictions by final judgment
(except amnesty); 5. Looks backward 5. Looks forward
4. cannot be granted in cases of and puts to and relieves the
legislative contempt or civil oblivion the pardonee of the
contempt; offense itself consequence of
5. cannot absolve convict of civil the offense.
liability; and
12. OTHER POWERS
6. May be granted 6. Can be granted a. call Congress to a special session
even before trial only after [Sec. 15, Art. VI];
conviction. b. approve or veto bills [Sec. 27,
Art. VI];
7. BORROWING POWER (SEC. 20, ART. c. deport aliens (Qua Chee Gan v.
VII) The Deportation Board, G.R. No.
 the President may contract or L-10280. September 30, 1963);
guarantee foreign loans on d. consent to deputization of
behalf of the Republic with the government personnel by
concurrence of the Monetary COMELEC [Sec.2 (4), Art. IX-C];
Board, subject to such e. to discipline such deputies [Sec.
limitations as may be provided 2 (8), Art. IX-C];
by law. f. general supervision over local
 Monetary Board shall submit to government units and
Congress report on loans within autonomous regional
30 days from end of every governments (Art. X);
quarter.
general supervision – mere
8. DIPLOMATIC POWER (SEC. 21, ART. overseeing of a subordinate to
VII) make sure that they do their
 No treaty or international duties under the law but does
agreement shall be valid and not include the power to
effective unless concurred in by overrule their acts, if these acts
at least 2/3 of all members of are within their discretion.
Senate.
g. immunity from suit during his
9. BUDGETARY POWER (SEC. 22, ART. tenure
VII) - deemed implied in the
 within 30 days from opening of Constitution (Bernas, The
every regular session, President 1987 Constitution, A
shall submit to Congress a Commentary 2003 Ed., p
budget of expenditures and 803)
sources of financing, including
receipts from existing and - the immunity does not
proposed revenue measures. however extend to non-
official acts or for wrong
10. INFORMING POWER (SEC. 23, ART. doing (Estrada vs. Desierto,
VI) G. R. Nos. 146710-15, March
2, 2001)
 President shall address Congress
at the opening of its regular
h. by delegation from Congress,
session. President may also
exercise emergency [Sec. 23 (2),
appear before it at any other
Art. VI] and tariff powers [Sec.
time.
28 (2), Art. VI].
11. RESIDUAL POWER
Conditions for the Exercise of the
 Whatever is not judicial, President of Emergency Powers:
whatever is not legislative, is 1. there must be a war or national
residual power exercised by the emergency;
President (Marcos v. Manglapus, 2. there must be a law authorizing
178 SCRA 760) President to exercise emergency
powers;
3. exercise must be for a limited
period;
4. must be subject to restrictions that 10. SC alone may order temporary detail
Congress may provide; and of judges; and
5. exercise must be necessary and 11. SC can appoint all officials and
proper to carry out a declared employees of the Judiciary (Nachura,
national policy [Sec.23 (2), Art.VI]. Reviewer in Political Law, p. 199-
200).
Article VIII: II. APPOINTMENT TO THE JUDICIARY:

JUDICIAL DEPARTMENT
Qualifications
I I. JUDICIAL POWER a. Chief Justice and Associate
- duty of courts of justice to settle Justices of the Supreme Court:
actual controversies involving rights 1. Natural-born citizen;
which are legally demandable and 2. At least 40 years old;
enforceable, and to determine whether 3. 15 years or more a judge of a
or not there has been a grave abuse of lower court or engaged in
discretion amounting to lack or excess of the practice of law in the
jurisdiction on the part of any branch or Philippines;
instrumentality of government (Sec. 1, 4. a person of proven
par.2, Art. VIII). competence, integrity,
probity and independence.
Judicial power is vested in:
1. One Supreme Court; and b. Presiding Justice and Associate
2. Such lower courts as may be Justices of the Court of
established by law (Sec. 1, Art. Appeals:
VIII).  Same qualifications as those
provided for Justice of the
Jurisdiction - power to hear and Supreme Court;
decide a case and execute decision
thereof. c. Regional Trial Court Judges:
1. Citizen of the Philippines;
Safeguards that guarantee 2. At least 35 years old; and
Independence of Judiciary: 3. Has been engaged for at
1. SC is a Constitutional body; may not least 5 years in the practice
be abolished by law; of law in the Philippines or
2. Members are only removable by has held public office in the
impeachment; Philippines requiring
3. SC may not be deprived of minimum admission to the practice of
and appellate jurisdiction; appellate law as an indispensable
jurisdiction may not be increased requisite.
without its advice or concurrence; 4. a person of proven
4. SC has administrative supervision competence, integrity,
over all inferior courts and probity and independence.
personnel;
5. SC has exclusive power to discipline d. Metropolitan, Municipal and
judges/justices of inferior courts; Municipal Circuit Trial Court
6. Members of judiciary enjoy security Judges:
of tenure; 1. Citizen of the Philippines;
7. Members of judiciary may not be 2. At least 30 years old;
designated to any agency performing 3. Has been engaged for al
quasi-judicial or administrative least 5 years in the practice
functions; of law in the Philippines or
8. Salaries of judges may not be has held public office in the
reduced; judiciary enjoys fiscal Philippines requiring
autonomy; admission to the practice of
9. SC alone may initiate Rules of Court;
law as an indispensable  Secretary de officio
requisite; - Clerk of the Supreme Court
4. a person of proven
competence, integrity, Appointment
probity and independence.  Regular members shall be appointed
by the President for a 4 year term
Procedure in Appointment: with the consent of the Commission
1. Appointed by President from among on Appointments.
a list of at least 3 nominees
prepared by Judicial and Bar Council Powers and Functions of Judicial and
for every vacancy. Bar Council:
2. For lower courts, President shall 1. Recommend appointees to the
issue the appointment 90 days from judiciary;
submission of the list. 2. Recommend appointees to the Office
of the Ombudsman and his 5
Tenure of Justices and Judges deputies;
a. Supreme Court – hold office until 3. May exercise such other functions as
they reach 70 years of age or may be assigned by Supreme Court.
become incapacitated to discharge (Sec. 8, Art. VIII)
their duties [Sec.11, Art.VIII].
 May be removed only through IV. SUPREME COURT
impeachment.
Composition:
a. Lower Courts – hold office during  Chief Justice and 14 Associate
good behavior until they reach 70 Justices
years of age or become -may sit en banc or in its
incapacitated to discharge their discretion, in divisions of 3, 5, or 7
duties [Sec. 11, Art. VIII]. members.
 By majority vote of members - Any vacancy shall be filled within
who actually took part in the 90 days from occurrence thereof
deliberation on the issues and
voted thereon, SC en banc shall Powers of the Supreme Court
have the power to discipline
judges of lower courts or order 1. Original Jurisdiction
their dismissal.  Over cases affecting
 No law shall be passed ambassadors, other public
reorganizing the Judiciary when ministers and consuls;
it undermines the security of  Over petition for Certiorari,
tenure of its members (Sec. 2, Prohibition, Mandamus, Quo
Art. VIII). Warranto, and Habeas Corpus;
and
III. JUDICIAL AND BAR COUNCIL  Review of factual basis for the
declaration of martial law or
Composition: suspension of the privilege of
 Ex-officio chairman writ of habeas corpus.
- Supreme Court Chief Justice
 Ex-officio members 2. Appellate Jurisdiction
- Secretary of Justice  Over final judgments and
- Representative of Congress orders of lower courts in
a. all cases in which the
 Regular members
constitutionality or
- Representative of the IBP;
validity of any treaty,
- Professor of Law;
international or executive
- Retired member of SC; and
agreement, law,
- Representative of private sector
presidential decree,
proclamation, order, d. Integrated Bar of the Philippines;
instruction, ordinance, or and
regulation is in question; e. legal assistance to the
b. All cases involving the underprivileged.
legality of any tax impost,
assessment, or toll, or any Limitations on rule making power:
penalty imposed in (i.) provide a simplified and
relation thereto; inexpensive procedure for
c. All cases in which the speedy disposition of cases;
jurisdiction of any lower (ii.) uniform for all courts in the
court is in issue; same grade;
d. All criminal cases in which (iii.) shall not diminish, increase or
the penalty imposed is modify substantive rights.
reclusion perpetua or
higher; 7. Power of appointment
e. All cases in which only a  appoints all officials and
question of law is employees of the Judiciary in
involved. [Section 5 (2), accordance with Civil Service
Art. VIII.] Law;
3. Electoral Tribunal for Presidential 8. Power of administrative supervision

and Vice-Presidential Contests
 administrative supervision over
 Sitting En Banc, over all contests
all courts and the personnel
relating to the election, returns
thereof.
and qualification of the
President or Vice-President (Sec.  mere division of the SC may
4(7) Article VII) discipline a judge of the lower
 The jurisdiction of the Supreme court; the SC is required to
Court, defined by Article VII, decide a case en banc only when
Section 4, paragraph 7, of the the dismissal of a judge is
1987 Constitution, would not involved.
include cases directly brought
before it, questioning the 9. Yearly report
qualifications of a candidate for  Within 30 days from the opening
the presidency or vice- of each regular session of
presidency before the elections Congress, SC shall submit to the
are held. (Tecson vs. Comelec, President and Congress an
G.R. No. 161434. March 3, 2004) annual report on the operation
and activities of the Judiciary.
4. Temporary assignments of judges of
lower courts to others stations as V. POWER OF JUDICIAL REVIEW
public interest may require. Not to
exceed 6 months without the Judicial Review – the power of the
consent of the judge concerned. courts to test the validity of executive
and legislative acts in light of their
5. Order change of venue or place of conformity with the Constitution. This is
trial, to avoid miscarriage of justice. not an assertion of superiority by the
courts over the other departments, but
6. Rule-making power – promulgates merely an expression of the supremacy
rules concerning: of the Constitution (Angara v. Electoral
a. protection and enforcement of Commission, 63 Phil. 139)
constitutional rights;
b. pleading, practice and
procedures in all courts;
c. admissions to the practice of Doctrine of Judicial Supremacy
law;
1. Although holding neither purse  General Rule: must be raised in
nor sword and so regarded as the the pleadings
weakest of the three
departments of the government,
 Exceptions:
a. criminal cases – at any time
the judiciary is nonetheless
at the discretion of the
vested with the power to annul
court;
the acts of either the legislative
b. civil cases – at any stage of
or the executive or of both when
the proceedings if necessary
not conformable to the
for the determination of the
fundamental law. (Association of
case itself;
Small Landowners of the
c. every case (except where
Philippines v. Secretary of
there is estoppel ) – at any
Agrarian Reform, 175 SCRA 343).
stage if it involves the
2. When the judiciary allocates
jurisdiction of the court
constitutional boundaries, it
4. Determination of constitutionality of
neither asserts superiority nor
the statute must be necessary to a
nullifies an act of the
final determination of the case.
Legislature. It only asserts the
(People vs. Vera, 65 Phil. 56).
solemn and sacred obligation
assigned to it by the Constitution  Therefore, the following must be
to determine conflicting claims avoided:
of authority under the  political questions;
Constitution and to establish for  advisory opinions
the parties in an actual  moot and academic issues;
controversy the rights which that  no standing.
instrument secures and
guarantees to them. (Laurel, Seven Rules of Avoidance of
Angara v. Electoral Commission, Constitutional Questions (Brandeis, J.)
63 Phil 139) 1. Friendly, non-adversary proceedings
(no vital conflict);
Requisites of Judicial Review: 2. Anticipation of a question of
1. Actual case or controversy – a constitutional law in advance of the
conflict of legal rights, an assertion necessity of deciding it (premature
of opposite legal claims susceptible case);
of judicial determination; 3. Formulation of a rule broader than is
2. Constitutional question must be required by the precise facts to
raised by the proper party – one who which it is applied;
has sustained or is in imminent 4. Existence of other grounds upon
danger of sustaining an injury as a which the case may be disposed of.
result of the act complained of; (not the very lis mota);
 For a taxpayer’s suit, 2 5. Complaint made by one who fails to
requisites: show injury as to its operations (no
a. public funds are disbursed by a standing);
political subdivision or 6. Instance of one who has availed
instrumentality; and himself of its benefit;
b. a law is violated or some 7. Possibility of a construction of
irregularity is committed, and statute that can avoid the resolution
that the petitioner is directly of the constitutional question.
affected by the alleged ultra
vires act (Anti-Graft League of Policy of Strict Necessity (Rescue Army
the Philippines v. Court of Case) – the court must refrain from
Appeals, 260 SCRA 250) exercising judicial review unless all the
3. Constitutional question must be requisites for its exercise are fulfilled
raised at the earliest opportunity because:
1. the danger of exercising the adverse legal people in their
function, in view of possible interests which sovereign capacity;
consequences for others may be resolved by or
stemming also from a court of law  in regard to which
through the full discretionary
constitutional roots;
application of a authority has been
2. comparative finality of those law. (Cutaran v. delegated to the
consequences; DENR, G.R. No. legislature or
3. consideration due to the 134958, January executive branches
judgment of the other 31, 2001). of government.
repositories of constitutional (Tañada v. Cuenco,
power concerning the scope of 100 Phil 1101)
their authorities;
4. necessity for each to keep within Functions of Judicial Review
its own power; 1. checking – invalidating a law or
5. inherent limitations of the executive act that is found to be
judicial process – its largely contrary to the Constitution;
negative character, and its 2. legitimating – upholding the validity
limited resources for of the law that results from a mere
enforcement; dismissal of a case challenging the
6. withal in paramount importance validity of the law;
of constitutional adjudication.
rule on double negative – uses the
Judicial Power includes: term “not unconstitutional”; the
1. duty of courts to settle actual court cannot declare a law
controversies involving rights which constitutional because it already
are legally demandable and enjoys a presumption of
enforceable; and constitutionality.
2. to determine whether or not there
has been a grave abuse of discretion 3. symbolic – to educate the bench and
amounting to lack or excess of bar as to the controlling principles
jurisdiction on part of any branch or and concepts on matters of grave
instrumentality of government [Sec. public importance for the guidance
1, Art. VIII]. of and restraint upon the future.
(Salonga v. Cruz Paño, 134 SCRA 438)
Grave Abuse of Discretion Amounting
to Lack of Jurisdiction – capricious and All courts can exercise Judicial Review
whimsical exercise of judgment. The  The Constitution contemplates that
abuse of discretion must be patent and the inferior courts should have
gross as to amount to an evasion of jurisdiction in cases involving
positive duty or a virtual refusal to constitutionality of any treaty or law
perform a duty enjoined by law, or to for Sec. 5 (2), Art. VIII speaks of
act at all in contemplation of law, as appellate review of final judgments
where the power is exercised in an of inferior courts in cases where such
arbitrary and despotic manner by reason constitutionality happens to be in
of passion or hostility (Intestate Estate issue. (J.M. Tuason and Co. v. Court
of Carmen de Luna v. IAC, 170 SCRA of Appeals, 3 SCRA 696).
246).  The Constitution vests the power of
judicial review not only in the
JUSTICIABLE POLITICAL Supreme Court but also in the RTC.
QUESTION QUESTION However, in all actions assailing the
validity of a statute, treaty,
 A definite and Two aspects: presidential decree, order or
concrete dispute  Those questions
proclamation – and not just in
touching on the which, under the
legal relations of Constitution, are to actions involving declaratory relief
parties having be decided by the and similar remedies, notice to the
Solicitor General is mandatory, as
required in Sec. 3, Rule 64 of the no retroactive effect. (Serrano de
Rules of Court. The purpose of this Agbayani v. PNB, 38 SCRA 429)
mandatory notice is to enable the
Solicitor General to decide whether  Art. 7, NCC is the orthodox view on
or not his intervention in the action the matter.
is necessary (Mirasol v. Court of
Appeals, G.R. No. 128448, February Requisites before a Law can be
1, 2001) Declared Partially Unconstitutional:
1) the legislature must be
Period for Decision (Sec. 15, Art. VIII) willing to retain valid portion
 All cases filed after the effectivity of (separability clause); and
the Constitution must be decided or 2) the valid portion can stand
resolved, from the date of independently as law.
submission, within:
a. SC – 24 months
b. Lower Collegiate Courts - 12 Article IX :
months, unless period is reduced CONSTITUTIONAL COMMISSIONS
by SC;
c. All other lower courts – 3 months Independent Constitutional
unless period is reduced by SC Commissions:
In case of delay: 1. Civil Service Commission (CSC)

 A certification to be signed by 2. Commission on Elections (COMELEC)
the Chief Justice or Presiding 3. Commission on Audit (COA)
Justice shall be issued stating
the reason for the delay. Prohibitions and Inhibitions
 Court, without prejudice to such No member of a Constitutional
responsibilities as may have been Commission shall, during his tenure:
incurred in consequence thereof 1. hold any other office or
shall decide or resolve the case employment;
or matter submitted to it 2. engage in the practice of any
without further delay, despite profession
expiration of mandatory period. 3. engage in the active management
and control of any business which in
 Court does not lose jurisdiction
any way may be affected by the
over the case, despite the lapse
functions of his office
of the mandatory period.
4. be financially interested, directly or
 Erring judge or justice may be indirectly, in any contract with, or in
subjected to administrative any franchise or privilege granted by
sanctions for the delay. the Government, any of its
subdivisions, agencies or
Effect of Declaration of instrumentalities, including
Unconstitutionality government-owned and controlled
corporations or their subsidiaries.
The law is either :
1. void – if on its face it does not enjoy Safeguards that guarantee
any presumption of validity because Independence of Commissions:
it is patently offensive to the 1. they are constitutionally
Constitution. It produces not effect, created; may not be abolished by
creates no office and imposes no statute;
duty. (Igot v. Comelec, 95 SCRA 392) 2. each is expressly described as
2. voidable – if on its face it enjoys the “independent;”
presumption of constitutionality. The 3. each is conferred certain powers and
laws becomes inoperative only upon functions which cannot be reduced
the judicial declaration of its by statute;
invalidity; the declaration produces
4. the Chairmen and members cannot be 4. not a candidate in any election
removed except by impeachment; immediately preceding the
5. the Chairmen and members are given appointment.
fairly a long term of office of 7
years; Term:
6. the Chairmen and members may not  7 years without reappointment.
be reappointed or appointed in an
acting capacity (Brillantes v. Yorac, Scope of the Civil Service: embraces all
192 SCRA 358); branches, subdivisions, instrumentalities
7. the salaries of the Chairmen and and agencies of the Government,
members are relatively high and may including government-owned and
not be decreased during continuance controlled corporations with original
in office; charters [Sec. 2(1), Art. IX-B]
8. the Commissions enjoy fiscal
autonomy; Classes of Service:
9. each Commission may promulgate its a. Career service – characterized
own procedural rules, provided they by:
do not diminish, increase or modify 1. entrance based on merit and
substantive rights [though subject to fitness to be determined by
disapproval by the SC]; competitive examination or
10. the Chairmen and members are based on highly technical
subject to certain disqualifications qualifications.
calculated to strengthen their 2. Opportunity for
integrity; advancement;
11. the Commissions may appoint their 3. Security of tenure
own officials and employees in
accordance with Civil Service Law Kinds:
(Nachura, Reviewer in Political Law, 1) open career positions – prior
p.209) qualification via
examination;
Certiorari Jurisdiction of the Supreme 2) closed career positions –
Court e.g., scientific or highly
- Limited to decisions rendered in technical;
actions or proceedings taken cognizance 3) career executive service –
of the Commissions in the exercise of the e.g., Undersecretaries,
adjudicatory or quasi-judicial functions. Bureau Directors;
It does not refer to purely executive 4) career officers – appointed
powers. Hence, questions arising from by President, e.g., foreign
the award of a contract for construction service;
of voting booths can be brought before 5) positions in AFP, governed by
the trial court (Ambil vs. Comelec, G.R. separate merit system;
No. 143398, October 5. 2000) 6) personnel of GOCC’s with
original charter;
I. CIVIL SERVICE COMMISSION 7) permanent laborers, whether
skilled, semi-skilled or
Composition: unskilled.
 1 chairman;
 2 commissioners b. Non-career Service –
characterized by :
Qualifications:
1. natural-born citizen; 1. entrance on bases other than
2. at least 35 years old at the time those of usual tests utilized
of appointment; for career service.
3. with proven capacity for public 2. Tenure limited to period.
administration; and
Kinds: 4. not candidate in election
1) elective officials and their immediately preceding the
personal and confidential appointment; and
staff; 5. majority, including the
2) department heads and chairman, must be members of
officials of cabinet rank, and the Philippine Bar who have
their personal and been engaged in the practice of
confidential staff; law for at least 10 years
3) chairmen and members of
commissions and boards with Term:
fixed terms of office and  7 years without reappointment.
their personal and If however, the appointment was ad
confidential staff; interim, a subsequent renewal of
4) contractual personnel or the appointment does not violate the
those whose employment in prohibition on reappointments
government is in accordance because no previous appointment
with special contract for was confirmed by the Commission on
specific work; and Appointments. Furthermore, the
5) emergency and seasonal total term of both appointments
personnel. must not exceed the 7 year limit
(Matibag vs. Benapayo G.R. No.
Exceptions to requirement of 149036, April2, 2002)
competitive examinations (to
determine merit and fitness): Powers and Functions of COMELEC:
1. enforce and administer law and
Policy Determining – lays down principal regulations relative to conduct of
or fundamental guidelines or rules. elections, plebiscite, initiative,
Formulates method of action. referendum or recall;
2. exclusive original jurisdiction over
Primarily Confidential – primarily close all contests relating to election,
intimacy which insures freedom of returns and qualifications of all
intercourse without embarrassment of elective regional, provincial, and
freedom from misgivings or betrayals city officials.
on confidential matters of state; 3. Exclusive appellate jurisdiction over
 Or one declared to be so by all contests involving elective
President upon recommendations municipal officials decided by RTC,
of CSC (Salazar v. Mathay, 73 or involving elective barangay
SCRA 275). officials by MTC;
4. Decide, except those involving right
Highly Technical – requires possession of to vote, all questions affecting
technical skill or training in supreme or elections, including the
superior degree. (de los Santos v. determination of number and
Mallare, 87 Phil 289) location of polling places,
appointment of election officials and
II. COMMISSION ON ELECTION inspectors and registration of voters;
5. Deputize, with concurrence of
Composition: President, law enforcement agencies
 1 chairman; and instrumentalities for exclusive
 6 commissioners purpose of insuring free, orderly,
honest, peaceful and credible
Qualifications: elections;
1. natural-born citizen; 6. Register, after sufficient publication,
2. at least 35 years old at the time political parties, organizations or
of appointment; coalitions which must present their
3. college degree holder ; platform or program of government;
accredit citizen’s arms;
7. File upon verified complaint or motu 3. CPA’s with at least 10 years
propio petitions in court for auditing experience or members
inclusion or exclusion of voters; of the Bar with at least 10 years
investigate and, where appropriate , practice of law; at no time shall
prosecute cases of violations of all members belong to the same
elections laws; profession;
8. Recommend to Congress effective 4. Not a candidate in election
measures to minimize election immediately preceding
spending, limitation of places and appointment.
prevent and penalize all forms of
election frauds, offenses, Term:
malpractice and nuisance  7 years without reappointment.
candidates; and
9. Submit to President and Congress, Powers and Duties of COA:
comprehensive reports on conduct of
each election, plebiscite, initiative, 1. examine, audit and settle all
referendum or recall. accounts pertaining to revenue and
receipts of, and expenditures or uses
 The COMELEC's exercise of its of funds and property owned or held
quasi-judicial powers is subject in trust or pertaining to government;
to Section 3 of Article IX-C which 2. keep general accounts of
expressly requires that 1) all government and preserve vouchers
election cases, including pre- and supporting papers;
proclamation controversies, shall 3. authority to define scope of its audit
be decided by the COMELEC in and examination, establish
division, and 2) the motion for techniques and methods required
reconsideration shall be decided therefor; and
by the COMELEC en banc. 4. promulgate accounting and auditing
 The prosecution of election law rules and regulations, including
violators involves the exercise of those for prevention and
the COMELEC's administrative disallowance.
powers. Thus, the COMELEC en
banc can directly approve the Jurisdiction of the Commission: no law
recommendation of its Law shall be passed exempting any entity of
Department to file the criminal the Government, or any investment of
information for double public funds, from the jurisdiction of the
registration against petitioners in Commission on Audit (Sec. 3, Art. IX-D)
the instant case. There is no
constitutional requirement that
the filing of the criminal Article XI:
information be first decided by ACCOUNTABILITY OF
any of the divisions of the PUBLIC OFFICERS
COMELEC. (Baytan vs. Comelec,
G.R. No. 153945, February 4, I.IMPEACHABLE OFFICERS:
2003) 1. President;
2. Vice-President;
III. COMMISSION ON AUDIT 3. Justices of the Supreme Court;
4. Chairmen and Members of the
Composition: Constitutional Commissions;
 1 chairman; 5. Ombudsman.
 2 commissioners.
II. IMPEACHMENT PROCESS
Qualifications:
1. natural-born citizen; Grounds for Impeachment:
2. at least 35 years old at the time 1. Culpable violation of the
of appointment; Constitution;
2. Treason; Effect of Conviction:
3. Bribery; 1. Removal from Office;
4. Graft and Corruption; 2. Disqualification to hold any other
5. Other high crimes; and office under the Republic of the
6. Betrayal of public trust. Philippines;
3. Party convicted shall be liable and
Initiation of Impeachment Case subject to prosecution, trial and
 The House of Representatives shall punishment according to law.
have the exclusive power to initiate
all cases of impeachment Limitations:
1. The House of Representatives shall
Process of Impeachment have the exclusive power to initiate
1. Verified Complaint filed by any all cases of impeachment.
member of the house or any citizen 2. Not more than one impeachment
upon resolution of endorsement by proceeding shall be initiated against
any member thereof the same official within a period of
2. Included in the order of business one year
within 10 session days.
3. Referred to the proper committee - An impeachment case is the legal
within 3 session days of its inclusion. controversy that must be decided by
 If the verified complaint is filed the Senate while an impeachment
by at least one third of all its proceeding is one that is initiated in
members, the same shall the House of Representatives. For
constitute the Articles of purposes of applying the-one year
Impeachment, and trial by the bar rule, the proceeding is
Senate shall forthwith proceed. “initiated” or begins when a
4. The Committee, after hearing, and verified complaint is filed and
by majority vote of all its members, referred to the Committee on
shall submit its report to the House Justice for action (Francisco, et al.
together with the corresponding vs. House of Representatives, et al.
resolution. G.R. No. 160261, November 10,
5. Placing on calendar the Committee 2003).
resolution within 10 days from
submission; III. SANDIGANBAYAN
6. Discussion on the floor of the report;  the anti-graft court shall
7. A vote of at least one third of all the continue to function and
members of the House shall be exercise its jurisdiction as now
necessary either to affirm a and hereafter may be provided
favorable resolution with the Articles by law.
of Impeachment of the Committee or
override its contrary resolution. Composition:
 1 Presiding Justice and 14 Associate
Trial and Decision in Impeachment Justices with the rank of Justice of
proceedings the CA.
1. The Senators take an oath or  Sits in 5 divisions of 3 members
affirmation. each.
2. When the President of the
Philippines is on trial the Chief Decision and Review
Justice of the Supreme court shall  unanimous vote of all 3 members
preside but shall not vote. shall be required for the
3. A decision of conviction must be pronouncement of judgment by a
concurred in by at least two thirds of division. Decision shall be reviewable
all the members of the Senate. by the SC on petition for certiorari.
Jurisdiction of the Sandiganbayan: universities or
educational institutions
1. Original Jurisdiction or foundations;
(ii.) Members of Congress and
a. violations of R.A. 3019 (AGCPA) officials thereof with G27
as amended; R.A. 1379; and and up;
Chapter II, Sec.2, Title VII, Book (iii.) Members of the Judiciary
II of the Revised Penal Code without prejudice to the
where one or more of the Constitution;
accused are officials occupying (iv.) Chairmen and members of
the following positions in the the Constitutional
government, whether in a Commissions without
permanent, acting or interim prejudice to the
capacity at the time of the Constitution; and
commission of the offense: (v.) All other national and local
(i.) Officials of the Executive officials with G27 or higher;
branch with the position of
regional director or higher, b. Other offenses or felonies
or with Salary Grade Level whether simple or complexed
27 (G27) according to R.A. with other crimes committed by
6758, specifically including: the public officials and
(a.) Provincial governors, employees mentioned in
vice-governors; Board Subsection a in relation to their
members, provincial office;
treasurers, assessors,
engineers and other c. Civil and criminal cases filed
provincial department pursuant to and in connection
heads; with E.O. nos. 1, 2, 14 and 14-A
(b.) City mayors, vice- issued in 1986.
mayors, city councilors;
city treasurers, 2. Exclusive Original Jurisdiction over
assessors, engineers and petitions for the issuance of the
other city department writs of mandamus, prohibitions,
heads; certiorari, habeas corpus, injunction
(c.) Officials of the and other ancillary writs and
diplomatic service from processes in aid of its appellate
consuls or higher; jurisdiction, Provided, that
(d.) PA/PAF colonels; PN jurisdiction over these petitions shall
captains and all officers be not exclusive of the Supreme
of higher rank; Court; and
(e.) Officers of the PNP while 3. Exclusive Appellate Jurisdiction over
occupying the position of final judgments, resolutions or
provincial director and orders of regional trial courts
those holding the rank of whether in the exercise of their own
senior superintendent or original jurisdiction or of their
higher; appellate jurisdiction. (RA 8249)
(f.) City/provincial
prosecutors and their V. THE OMBUDSMAN
assistants, and officials
and prosecutors in the  The “champion of the citizens”
Office of the and “protector of the people”
Ombudsman and special  Tasked to entertain complaints
prosecutor; and addressed to him against erring
(g.) Presidents, directors, public officers and take all
trustees, or managers necessary actions thereon.
of GOCC’s state
Composition: any GOCC with original charter, to
 An Ombudsman to be known perform or expedite any act or duty
as Tanodbayan required by law, or to stop, prevent,
 1 overall Deputy; and and correct any abuse or impropriety
 at least 1 Deputy each for in the performance of duties.
Luzon, Vizayas and c. Direct the officer concerned to take
Mindanao; appropriate action against a public
 A separate Deputy for the official or employee at fault, and
military establishment may recommend his removal, suspension,
likewise be appointed. demotion, fine, censure, or
prosecution, and ensure compliance
Qualifications of the Ombudsman and therewith.
his deputies: d. Direct the officer concerned, in any
1. natural born citizen; appropriate case, and subject to
2. at least 40 years old; such limitation as may be provided
3. of recognized probity and by law, to furnish it with copies of
independence; documents relating to contracts or
4. member of the Philippine Bar; transactions entered into by his
and office involving the disbursement or
5. must not have been candidates use of public funds or properties,
for any elective office in the and report any irregularity to the
immediately preceding election. COA for appropriate action.
e. Request any government agency for
Term of Office: assistance and information necessary
 7 years without reappointment. in the discharge of its responsibilities
and examine, if necessary, pertinent
Disqualifications and Inhibitions: records and documents.
During their tenure: f. Publicize matters covered by its
1. shall not hold any other office or investigation when circumstances so
employment; warrant and with due process.
2. shall not engage in the practice of g. Determine the causes if inefficiency,
any profession or in the active red tape, mismanagement, fraud and
management or control of any corruption and to make
business which in any way may be recommendations for their
affected by the functions of his elimination and observance of high
office; standards of ethics and efficiency.
3. shall not be financially interested, h. Promulgate its rules of procedure
directly or indirectly, in any contract and exercise such other powers or
with, or in any franchise or privilege perform such function or duties as
granted by the government, or any may be provided by law. (Sec. 13,
of its subdivisions, etc.; Art. XI)
4. shall not be qualified to run for any i. The Office of the Ombudsman shall
office in the election immediately enjoy fiscal autonomy. Its approved
succeeding their cessation from annual appropriations shall be
office. automatically and regularly released.
(Sec. 14, Art XI)
Powers, Functions and Duties:
a. Investigate any act or omission of - The Constitution and RA 6770 (The
any public official, employee, office Ombudsman Act of 1989) has
or agency, when such act or omission endowed the Office of the
appears to be illegal, unjust, Ombudsman with a wide latitude of
improper, or inefficient; investigatory and prosecutory power
b. Direct any public official or virtually free from legislative,
employee of the Government, or any executive or judicial intervention.
subdivision, agency or The Supreme Court consistently
instrumentality thereof, as well as refrains from interfering with the
exercise of its powers, and respects II. REGALIAN DOCTRINE
the initiative and independence (JURA REGALIA)
inherent in the Ombudsman who, - universal feudal theory that all
beholden to no one, acts as the lands were held from the Crown
champion of the people and the (Holmes, Cariño v. Insular Government,
preserver of the integrity of public 212 US 449).
service. (Loquias v. Office of the Exception: any land in the
Ombudsman, GR No. 139396, August possession of an occupant and of his
15, 2000) predecessors-in-interest since time
immemorial. (Oh Cho v. Director of
- The Ombudsman is clothed with Land, 75 Phil 890);
authority to conduct preliminary
investigation and prosecute all  The 1987 Constitution reaffirmed
criminal cases involving public the Regalian doctrine in Sec. 2,
officers and employees, not only Art. XII. (Cruz v. Secretary of
those within the jurisdiction of the DENR, G.R. No. 135385,
Sandiganbayan but those within the December 6, 2000).
jurisdiction of the regular courts as
well. (Uy v. Sandiganbayan, GR No.  All lands of the public domain,
105965-70, March 20, 2001). waters, minerals, coal,
petroleum and other mineral
- The power to investigate also oils, all forces of potential
includes the power to impose energy, fisheries, forests, or
preventive suspension. This is timber, wildlife, flora and fauna,
different from the power to and natural resources belong to
recommend suspension. The latter is the state. With the exception of
a suspension as a penalty; preventive agricultural lands, all other
suspension is not a penalty (Bernas, natural resources shall not be
The 1987 Constitution A Reviewer- alienated. (Sec. 2, Art. XII).
Primer, 2002. Ed., Citing, Buenesada
vs. Flavier , 226 SCRA 645) Classification of Lands of the Public
Domain (Sec. 3, Art. XII)
V. ILL-GOTTEN WEALTH 1. agricultural
2. forest timber;
- the right of the State to recover 3. mineral lands; and
properties unlawfully acquired by public 4. national parks.
officials or employee, from them or from
their nominees or transferees, shall not Requirement of Reclassification or
be barred by prescription, laches or Conversion: positive act of government;
estoppel (Sec. 15, Art. XI) but it applies mere issuance of title not enough
only to civil actions and not to criminal (Sunbeam Convenience Food v. Court of
cases. (Presidential Ad Hoc Fact-Finding Appeals, 181 SCRA 443).
Committee on Behest Loans v. Disierto,
GR No.130140, October 25, 1999) III. FILIPINIZED ACTIVITIES REGARDING
THE NATIONAL ECONOMY AND
PATRIMONY:
Article XII : 1. co-production, joint venture or
NATIONAL ECONOMY AND PATRIMONY production sharing agreement for
exploration, development and
I. GOALS OF THE NATIONAL ECONOMY utilization (EDU) of natural
(SEC.1, ART. XII) resources: Filipino citizens or
1. more equitable distribution of entities (read: corporations or
wealth; associations) with 60% Filipino
2. increased wealth for the benefit of capitalization;
the people; and Exception: For large-scale EDU of
3. increased productivity. minerals, petroleum and other
mineral oils, the President may enter General Rule: no private land shall be
into agreements with foreign-owned transferred or conveyed except to
corporations involving technical or individual, corporations or associations
financial assistance. qualified to acquire or hold lands of the
- These agreements refer to public domain.
service contracts which involve
foreign management and Exceptions:
operation provided that the 1. foreigners who inherit through
Government shall retain that intestate succession;
degree of control sufficient to 2. former natural-born Filipino citizen
direct and regulate the affairs of may be a transferee of private lands
individual enterprises and subject to limitations provided by
restrain undesired activities (La law.
Bugal-B’laan Tribal Assoc., et al. 3. ownership in condominium units.
vs. Secretary, DENR, et al., G.R. 4. Parity right agreement, under the
No. 127882, December 1, 2004) 1935 Constitution
2. use and enjoyment of nation’s Stewardship Doctrine – Private property

marine wealth within territory: is supposed to be held by the individual
Exclusively for Filipino citizens; only as a trustee for the people in
3. Alienable lands of the public general, who are its real owners.
domain: Only Filipino citizens may
acquire not more than 12 hectares VI. TEMPORARY TAKE OVER OF
by purchase, homestead or grant, or BUSINESS AFFECTED WITH PUBLIC
lease not more than 500 hectares. INTEREST
Private corporations may lease not
more than 1,000 hectares for 25 They State may:
years renewable for another 25 1. In times of national emergency,
years; 2. when the public interest so requires,
4. Certain areas of investment: 3. during the emergency and under
reserved for Filipino citizens or reasonable terms prescribed by it,
entities with 60 % FC, although and
Congress may provide for higher 4. temporarily take over or direct the
percentage; operation of any privately owned
5. grant of rights, privileges and public utility or business affected
concessions covering national with public interest. (Sec. 17, Art.
economy and patrimony, State shall XII)
give preference to qualified  The temporary takeover by the
Filipinos; and government extends only to the
6. Franchise, certificate or any other operation of the business and not to
form of authorization for the the ownership thereof. As such the
operation of a public utility: only to government is not required to
Filipino citizens or entities with 60% compensate the private entity-
FC; owner of the said business as there
 such franchise, etc., shall not be is no transfer of ownership,
exclusive, nor for period longer whether permanent or temporary.
than 50 years and subject to The private entity-owner affected by
amendment, alteration or repeal the temporary takeover cannot,
by Congress; all executive and
managing officers must be
Filipino citizens.
likewise, claim just compensation for the
use of the said business and its
properties as the temporary takeover by
IV. PRIVATE LANDS the government is in exercise of its
police power and not of its power of 1. quality education;
eminent domain. (Agan vs. PIATCO, G.R. 2. affordable education [Sec.1,
No. 155001, May 5, 2003) Art.XIV];
3. education that is relevant to the
needs of the people [Sec.2(1),
Article XIII : SOCIAL JUSTICE AND Art.XIV].
HUMAN RIGHTS
Nationalized Educational Activities:
Social Justice as Envisioned by the 1. ownership, except those established
Constitution by religious groups and mission
 equitable diffusion of wealth and boards;
political power for common good; 2. control and administration; and
3. student population [Sec.4(2),
 regulation of acquisition, ownership,
Art.XIV].
use and disposition of property and
its increments; and
Aspects of Academic Freedom:
 creation of economic opportunities
based on freedom of initiative and 1. to the institution – to provide that
self-reliance (Sec. 1 and 2, Art. XIII). atmosphere which is most conducive
to speculation, experimentation and
Distributive Justice – the attainment of creation;
a more equitable distribution of land
which recognizes the right of farmers Freedom to determine for itself on
and regular farm workers who are academic grounds:
landless to own the land they till, and a a. who may teach;
just share of other or seasonal farm b. what may be taught;
workers in the fruits of the land; c. how shall it be taught; and
- based on the Aristotelian notion of d. who may be admitted to study
giving each one what is due him on (Miriam College Foundation v.
the basis of personal worth and CA, GR No. 127930, December
value, and not merely what he has 15, 2000);
contracted for.
- As part of its constitutionally
Rights of Labor Guaranteed enshrined academic freedom, the
by the Constitution (Sec. 3, Art. XIII) University of the Philippines has the
1. full protection to labor; prerogative to determine who may
2. promotion of full employment and teach its students. The Civil Service
equality of employment opportunity Commission has no authority to force
to all; it to dismiss a member of its faculty
3. guarantee of right of workers to self- even in the guise of enforcing Civil
organization; Service Rules.(UP v. Civil Service
4. collective bargaining and Commission, GR No.132860, April 3,
negotiations; 2001)
5. peaceful concerted activities
including the right to strike in 2. to the faculty -
accordance with law; a. freedom in research and in the
6. right to security of tenure; publication of the results,
7. right to human conditions of work; subject to the adequate
8. right to participate in policy and performance of his other
decision-making affecting their academic duties;
rights and benefIts. b. freedom in the classroom in
discussing his subject, less
Article XIV : EDUCATION controversial matters which bear
no relation to the subject;
Principal Characteristic of Education c. freedom from institutional
which State must Promote and Protect: censorship or discipline, limited
by his special position in the (iv.) Sec. 22 (2) of RA 7160 (LGC
community. of 1991): LGU’s have power
3. to the student - right to enjoy in to sue and be sued;
school the guarantee of the Bill of (v.) Sec. 24 of LGC, LGU’s and
rights (Non v. Dames, 185 SCRA 523). their officials are not
exempt from liability for
death or injury or damage to
Article XVI : property.
STATE IMMUNITY FROM SUIT b. special law (Merritt v.
Government of the Philippine
Basis: The state may not be sued Islands, 34 Phil., 311).
without its consent. (Sec. 3, Art.
XVI). 2. implied consent
a. when State commences litigation
Test to determine if suit is against becomes vulnerable to
State: counterclaim; (Froilan v. Pan
 If the enforcement of the Oriental Shipping, GR No. L-6060
decision rendered against the Sept. 30, 1950)
public officer or agency b. State enters into a business
impleaded will require an contract
affirmative act from State, Jure Gestonis - by right of
then, it is a suit against the economic or business
State (Nachura, Reviewer in relations, may be sued (US
Political Law, p. 20). v. Guinto, 182 SCRA 644);
Jure Imperii - by right of
 A suit is against the state, sovereign power, in the
regardless of who is named as exercise of sovereign
defendant, if it produces adverse functions. No implied
consequences on the public consent (US v. Ruiz, 136
treasury, whether in the SCRA 487).
disbursement of funds or loss of c When it would be inequitable
property, the public official for the state to claim immunity
proceeded against not being (Amigable v. Cuenca, 43 SCRA
liable in his personal capacity. 360)
(Begosa v. Chairman, Phil.
Veterans Adm. 32 SCRA 466) Scope of Consent: Consent to be sued
does not include consent to the
Forms of Consent: execution of judgment against it. Such
1. Express consent execution will require another waiver,
a. general law – because the power of the court ends
(i.) Act No. 3083 and CA 327 as when the judgment is rendered, since
amended by Secs. 49-50, PD government funds and properties may
1445: money claims arising not be seized under writs of execution or
from contracts first filed garnishment, unless such disbursement is
with COA before suit may be covered by the corresponding
filed in court; appropriation as required by law
(ii.) Art. 2180, NCC: tort (Republic v. Villasor, 54 SCRA 84).
committed by special agent; 1. Under Act No. 3083
(iii.) Art. 2189, NCC: LGUs liable  Ordinary rule for execution will
for injuries or death caused not apply after money judgment
by defective condition of against the government, for the
roads xxx or public works consent to be sued is only up to
under their control (City of the point of judgment
Manila vs Teotico, 22 SCRA 2. Under a charter
267)
 May be enforced by a writ of which can sue and be sued that are
execution because consent is deposited with a bank (PNB v. Pabalan,
until the satisfaction of the 83 SCRA 595).
money judgment.
Rules Regarding Payment of Interests
Rules Regarding Government Agencies: by Government in Money Judgments
1. Incorporated (GOCC) – Against It:
if it’s charter provides that it has the
right to sue and be sued, it is an General Rule: Government cannot be
express consent and it is suable. made to pay interests;
(SSS v. CA, 120 SCRA 707);
if it’s charter is silent, inquire into Exceptions:
it’s function based on the purpose 1. eminent domain;
for which it was created.(Malong 2. erroneous collection of taxes; or
v. PNR, 138 SCRA 63) 3. where government agrees to pay
(i.) propriety – if the purpose is to interest pursuant to law.
obtain special corporate
benefits or earn pecuniary
profit, suable; Article XVII: PROCEDURE IN AMENDING
(ii.) governmental – if it is in the THE CONSTITUTION
interest of health, safety and
for the advancement of public Steps in Amendatory Process:
good and welfare, affecting
the public in general, not 1. Proposal
suable (Balquera v. Alcala,
295 SCRA 366). i. Congress acting as Constituent
Assembly
2. Unincorporated -
a. performs governmental (i.) Direct proposal – vote of ¾
functions: not suable without of all its members
State consent even if performing
proprietary function incidentally (ii.) by calling a Constitutional
(Bureau of Printing v. Bureau of Convention – called either
Printing Employees Association, by:
1 SCRA 340).
b. performs proprietary functions: (iia.) 2/3 vote of all the
suable (Civil Aeronautics members of the
Administration v. CA, 167 SCRA Congress; or
28).
(iib.) a majority vote of all
Rules Regarding Garnishment or Levy the members of
of Government Funds in Government Congress, with the
Depository: question of whether or
not to call a
General Rule: government funds constitutional
deposited with PNB or authorized convention to be
depositories cannot be subject to resolved by the people
garnishment. in a plebiscite (Sec. 3,
Art. XVII)
Exceptions: where law or ordinance has
already been acted appropriating a  If Congress, acting as a
specific amount to pay a valid Constituent Assembly, omits
governmental obligation. (Municipality to provide for the
of San Miguel, Bulacan v. Fernandez, implementing details,
G.R. No. L-61744. June 25, 1984); funds Congress, acting as a
belonging to government corporations Legislative Assembly this
time, can enact the initiative on the Constitution
necessary implementing simply means that the main
legislation to fill in the gaps. thrust of the Act is initiative
(Imbong v. Ferrer, G.R. No. and referendum on National
L-32432. September 11, and Local Laws. (Defensor-
1970). Santiago v. Comelec, GR No.
127325, March 17, 1997).
b. by the people through Initiative –
by a petition of at least 12% of PROPOSAL CON- PROPOSAL
the total number of registered BY CON BY
voters, of which every legislative CONGRESS PEOPLE
district must be represented by
at least 3% of the registered For both For both For
voters therein. Amendments amendments amendments
 Initiative – the power of the and and only!
Revisions Revisions
people to propose
amendments to the
Constitution or to propose
and enact legislation through
AMENDMENT REVISION
an election called for the
purpose; Indirect Initiative –
the exercise of initiative by Alteration of one or Reexamination of the
a few specific and entire Constitution or
the people through a
isolated provisions an important cluster
proposition sent to Congress of the Constitution of provisions in the
or the local legislative body Constitution
for action (Sec 2, RA6735).
 no amendment in this manner 2. Ratification

shall be authorized within 5
years following the ratification - Proposed amendment(s) shall be
of this Constitution (February 2, submitted to the people and shall be
1987) nor more often than once deemed ratified by majority of the votes
every 5 years. cast in a plebiscite, held not earlier than
60 days nor later than 90 days:
 RA 6735 (System of Initiative and
Referendum) does not authorize a. after approval of the proposal by
a system of initiative to amend Congress or ConCon, or;
the Constitution. The law was
deemed sufficient to cover only b. after certification by the
the systems of initiative on COMELEC of sufficiency of
national and local legislation petition of the people.
because:
 Sec. 2 on the Statement of Doctrine of Proper Submission –
Policies of the Act does not plebiscite may be held on the same day
suggest an initiative on the as regular election.(Gonzales v.
Amendments to the Comelec, 21 SCRA 774) provided the
Constitution; people are sufficiently informed of the
amendments to be voted upon, to
 Sec. 5 of the Act does not
conscientiously deliberate thereon, to
provide for the contents of
express their will in a genuine manner.
the provision for initiative on
the Constitution;
 That the Act does not  Submission of piece-meal

provide a sub-title for amendments is unconstitutional. All
the amendments must be submitted
for ratification at one plebiscite
only. The people have to be given a
proper frame of reference in arriving
at their decision. They have no idea
yet of what the rest of the amended
constitution would be. (Tolentino v.
Comelec, G.R. No. L-34150. October
16, 1971).
 Questions as to amendments are now
subject to Judicial review. (Sanidad
v. Comelec, 78 SCRA 332)
ADMINISTRATIVE LAW
ADMINISTRATIVE LAW 2. Within the scope and purview of the

- Branch of public law that fixes the law;
organization of the government and 3. Promulgated in accordance with the
determines competence of authorities prescribed procedure:
who execute the law and indicates to a. notice and hearing – generally,
the individual remedies for the violations not required; only when:
of his rights. i. the legislature itself requires
it and mandates that the
I. ADMINISTRATIVE BODIES OR regulation shall be based on
AGENCIES certain facts as determined
at an appropriate
- A body, other than the courts and investigation;
the legislature, endowed with quasi- ii. the regulation is a
legislative and quasi-judicial powers for settlement of a controversy
the purpose of enabling it to carry out between specific parties;
laws entrusted to it for enforcement or considered as an
execution. administrative adjudication
(Cruz, Philippine
How Created: Administrative Law, p.42 -
1. by constitutional provision; 43); or
2. by legislative enactment; and iii. the administrative rule is in
3. by authority of law. the nature of subordinate
legislation designed to
II. POWERS OF ADMINISTRATIVE implement a law by
BODIES: providing its details (CIR v.
1.Quasi-legislative or rule-making Court of Appeals, 261 SCRA
power; 236).
2.Quasi-judicial or adjudicatory power; b. publication
and 4. Reasonable
3.Determinative powers.
Requisites for Validity of
A. QUASI-LEGISLATIVE OR RULE- Administrative Rules With Penal
MAKING POWER Sanctions:
 In exercise of delegated legislative 1. law itself must declare as punishable
power, involving no discretion as to the violation of administrative rule
what law shall be, but merely or regulation;
authority to fix details in execution 2. law should define or fix penalty
or enforcement of a policy set out in therefor; and
law itself. 3. rule/regulation must be published.
Kinds:
1. Legislative regulation Doctrine of Subordinate Legislation –
a. Supplementary or detailed power of administrative agency to
legislation, e.g. Rules and promulgate rules and regulations on
Regulations Implementing matters of their own specialization.
the Labor Code;
b. Contingent regulation Doctrine of Legislative Approval by Re-
2. Interpretative legislation, e.g. enactment - the rules and regulations
BIR Circulars promulgated by the proper
administrative agency implementing the
Requisites for valid exercise: law are deemed confirmed and approved
1. Issued under authority of law; by the Legislature when said law was re-
enacted by later legislation or through
codification. The Legislature is presumed
to have full knowledge of the contents of 6. board of judges must act on its
the regulations then at the time of re- independent consideration of facts
enactment. and law of the case, and not simply
accept view of subordinate in
QUASI- QUASI- arriving at a decision; and
LEGISLATIVE JUDICIAL 7. decision must be rendered in such a
FUNCTIONS FUNCTIONS manner that parties to controversy
can know various issues involved and
1. consists of 1. refers to its end reason for decision rendered.(Ang
issuance of rules product called Tibay vs CIR, 69 Phil 635)
and regulations order, reward
or decision Substantial Evidence – relevant
evidence as a reasonable mind might
2. general 2. applies to a accept as adequate to support a
applicability specific conclusion.
situation
Administrative Determinations Where
3. prospective; it 3. present
Notice and Hearing Not Necessary:
envisages the determination
promulgation of of rights, 1. summary proceedings of distraint
a rule or privileges or and levy upon property of delinquent
regulation duties as of taxpayer;
generally previous or 2. grant of provisional authority for
applicable in the present time or increase of rates, or to engage in
future occurrence particular line of business;
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
B. QUASI-JUDICIAL OR ADJUDICATORY se which affects safety of persons or
POWER property;
 Proceedings partake of nature of 5. preventive suspension of officer or
judicial proceedings. employee pending investigation; and
Administrative body granted 6. grant or revocation of licenses for
authority to promulgate its own permits to operate certain
rules of procedure. businesses affecting public order or
morals.
Two necessary conditions:
1. due process; and Administrative Appeal or Review
2. jurisdiction 1. Where provided by law, appeal from
administrative determination may be
Includes the following powers: made to higher or superior
1. Prescribe rules of procedure administrative officer or body.
2. Subpoena power 2. By virtue of power of control of
3. Contempt Power President, President himself or
through Department Head may
Administrative Due Process: affirm, modify, alter, or reverse
1. right to a hearing; administrative decision of
2. tribunal must consider evidence subordinate.
presented; 3. Appellate administrative agency may
3. decision must have something to conduct additional hearing in
support itself; appealed case, if deemed necessary.
4. evidence must be substantial;
5. decision must be based on evidence Res judicata effect of Administritve
adduced at hearing or at least Decisions
contained in the record and - has the force and binding effect of a
disclosed to parties; final judgment (note: applies only to
judicial and quasi judicial proceedings
not to exercise of administrative administrative officer from
functions, Brillantes vs. Castro 99 Phil. performing his statutory duty for
497) fear he will perform it wrongly.
C. DETERMINATIVE POWERS Effect of Failure to Exhaust

1. enabling – permit the doing of an act Administrative Remedies: as a general
which the law undertakes to rule, jurisdiction of the court is not
regulate; affected but the complaint is vulnerable
2. directing – order the doing or to dismissal due to lack of cause of
performance of particular acts to action.
ensure compliance with the law and Exceptions to the Doctrine:
are often exercised for corrective 1. doctrine of qualified political agency
purposes (when the respondent is a
3. dispensing – to relax the general department secretary whose acts as
operation of a law or to exempt from an alter ego of the President bears
general prohibition, or relieve an the implied and assumed approval of
individual or a corporation from an the latter); except where law
affirmative duty; expressly provides exhaustion;
4. examining - also called investigatory 2. administrative remedy is fruitless;
power; 3. where there is estoppel on part of
5. summary – power to apply administrative agency;
compulsion or force against persons 4. issue involved is purely legal;
or property to effectuate a legal 5. administrative action is patently
purpose without judicial warrants to illegal, amounting to lack or excess
authorize such actions. of jurisdiction;
6. where there is unreasonable delay or
III. EXHAUSTION OF official inaction;
ADMINISTRATIVE REMEDIES 7. where there is irreparable injury or
 Whenever there is an available threat thereof, unless judicial
administrative remedy provided recourse is immediately made;
by law, no judicial recourse can 8. in land case, subject matter is
be made until all such remedies private land;
have been availed of and 9. where law does not make exhaustion
exhausted. a condition precedent to judicial
1. Doctrine of Prior Resort or recourse;
(Doctrine of Primary Administrative 10. where observance of the doctrine
Jurisdiction) – where there is will result in nullification of claim;
competence or jurisdiction vested 11. where there are special reasons or
upon administrative body to act circumstances demanding immediate
upon a matter, no resort to courts court action; and
may be made before such 12. when due process of law is clearly
administrative body shall have acted violated.
upon the matter.
2. Doctrine of Finality of IV. JUDICIAL REVIEW OF
Administrative Action – no resort to ADMINISTRATIVE DECISIONS
courts will be allowed unless When made:
administrative action has been 1. to determine constitutionality or
completed and there is nothing left validity of any treaty, law,
to be done in administrative ordinance, executive order, or
structure. regulation;
3. Judicial Relief from Threatened 2. to determine jurisdiction of any
Administrative Action – courts will administrative board, commission
not render a decree in advance of or officer;
administrative action and thereby 3. to determine any other questions
render such action nugatory. It is not of law; and
for the court to stop an
4. to determine questions of facts Exceptions to the Rule:
when necessary to determine 1. factual findings not supported by
either: evidence;
a. constitutional or jurisdictional 2. findings are vitiated by fraud,
issue; imposition or collusion;
b. commission of abuse of 3. procedure which led to factual
authority; and findings is irregular;
c. when administrative fact 4. palpable errors are committed; and
finding body is unduly 5. grave abuse of discretion,
restricted by an error of law. arbitrariness or capriciousness is
manifest.
Modes of review:
1. Statutory;  Brandeis Doctrine of
2. Non-statutory – inherent power of Assimilation of Facts – one
the court to review such purports to be finding of fact but
proceedings upon questions of is so involved with and
jurisdiction and questions of law; dependent upon a question of
3. Direct proceeding; latter,courts will review the
4. Collateral attack. entire case including the latter.
law as to be in substance and
General Rule: Findings of facts of effect a decision on the .
Administrative Agencies accorded great
weight by the Courts.
LAW ON PUBLIC OFFICERS
I.PUBLIC OFFICE two senses:

- right, authority and duty created and 1. may refer to endowments,
conferred by law, by which for a qualities or attributes which
given period, either fixed by law or make an individual eligible for
enduring at pleasure of creating public office;
power, and individual is vested with 2. may refer to the act of entering
some sovereign functions of into performance of functions of
government to be exercised by him public office.
for the benefit of the public.
(Fernandez vs Sto Tomas, 234 SCRA Authority to prescribe qualification:
546) 1. when prescribed by Constitution,
ordinarily exclusive, the legislature
Elements of Public Office: (LSDIP) may not increase or reduce
1. created by law or ordinance qualifications except when
authorized by law; Constitution itself provides
2. possess sovereign functions of otherwise as when only minimum or
government to be exercised for no qualifications are prescribed( ex:
public interests; Art XIII Sec 17 (2), Art VIII Sec 7 (2)
3. functions defined expressly or Consti) ;
impliedly by law; 2. when office created by statute,
4. functions exercised by an officer Congress has generally plenary
directly under control of law, not power to prescribe qualification but
under that of a superior officer such must be:
unless they are functioned conferred a. germane to purpose of office;
by law upon inferior officers, who by and
law, are under control of a superior; b. not too specific so as to refer to
(duties performed independently) only one individual.
and
5. with permanency or continuity, not III. DE FACTO OFFICERS
temporary or occasional. - one who has reputation of being an
officer that he assumes to be, and
Characteristics: yet is not an officer in point of law.
-Public office is a public trust.
-Public office is not property and is - a person is a de facto officer where
outside the commerce of man. It cannot the duties of the office are exercised
be subject of a contract. (Cruz, Law on under any of the following
Public Officers, p.5) circumstances:
1. Without a known appointment or
II. PUBLIC OFFICERS election, but under such
- individuals vested with public office circumstances of reputation or
acquiescence as were calculated
Classification of Public Officers: to induce people, without
1. Executive, legislative and judicial inquiry, to submit to or invoke
officers; his action, supposing him to the
2. Discretionary or ministerial officers; be the officer he assumed to be;
3. Civil or military officers; or
4. Officers de jure or de facto; and 2. Under color of a known and valid
5. National, provincial or municipal appointment or election, but
officials where the officer has failed to
conform to some precedent
requirement or condition (e.g.,
taking an oath or giving a bond);
Eligibility and qualification:
3. Under color of a known election points of law to

or appointment, void because: act
a. the officer was not eligible;
3. cannot be 3. may be ousted in
removed in a a direct
b. there was a want of power in
direct proceeding
the electing or appointing proceeding against him.
body;
c. there was a defect or
irregularity in its exercise;
DE FACTO INTRUDER
such ineligibility, want of
OFFICER
power, or defect being
unknown to the public. 1. one who takes
4. Under color of an election or an 1. officer under
any of the 4 possession of an
appointment by or pursuant to a office and
circumstances
public, unconstitutional law, mentioned undertakes to
before the same is adjudged to act officially
be such. without any
authority, either
Note: Here, what is unconstitutional is actual or
apparent
not the act creating the office, but the
act by which the officer is appointed to
an office legally existing. (Norton v. 2. has color of 2. has neither
County of Shelby) right or title to lawful title nor
office color of right or
Requisites: title to office
1. valid existing office;
2. actual physical possession of said
office; 3. acts are valid as 3. acts are
3. color of title to office; to the public absolutely void
until such time and can be
4. by reputation or acquiescence;
as his title to impeached in
5. known or valid appointment or the office is any proceeding
election but officer failed to adjudged at any time
conform with legal requirements; insufficient unless and until
6. known appointment or election but he continues to
void because of ineligibility of act for so long a
officer or want of authority of time as to afford
appointing or electing authority or a presumption of
irregularity in appointment or his right to act
election not known to public; and
4. entitled to 4. not entitled to
7. known appointment or election compensation compensation
pursuant to unconstitutional law for services
before declaration of rendered
unconstitutionality.
DE JURE DE FACTO Legal Effects of Acts

OFFICER OFFICER - valid insofar as they affect the
public
1. rests on the 1. on reputation Entitlement to Salaries
right
General Rule: rightful incumbent may
recover from de facto officer salary
2. has lawful or 2. has possession
title to the and performs the received by latter during time of
office duties under wrongful tenure even though latter
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)
technically Exception: when there is no de jure
qualified in all public officer, de facto officer

Joy Zabala
entitled to salaries for period when requirements for appointment to
he actually discharged functions. a regular position in the
(Civil Liberties Union v. Exec. Sec., competitive service, whenever a
194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular – made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment – selection, by authority Commission on Appointments
vested with power, of individual who is and continues until the end of
to perform functions of a given office. term; and
 Essentially a discretionary power 5. Ad-interim –
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment
for the position (Nachura, of Congress;
Reviewer in Political Law, p. b. Midnight – made by the
305) President before his term
expires, whether or not this
Commission – written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation – imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
1. Permanent – extended to person legislative recess
session
possessing requisite
Made only after Made before
qualification for the position and the nomination such
thus enjoys security of tenure; is confirmed by confirmation
2. Temporary – acting the Commission
appointment, given to a non-civil on Appointments
service eligible is without a (CA)
definite tenure and is dependent Once confirmed Shall cease to be
upon the pleasure of the by the CA valid if
appointing power; continues until t disapproved by
3. Provisional- is one which may he end of the the CA or upon
term of the the next
be issued upon prior
appointee adjournment
authorization of the
Commissioner of Civil service in
Nepotism – all appointments in the
accordance with the provisions
national, provincial, city and
of the Civil Service Law and the
municipal governments or in any
rule and standards to a person
branch or instrumentality thereof,
who has no t qualified in an
including GOCC, made in favor of a
appropriate examination but who
relative of the (1) appointing or (2)
otherwise meets the
recommending authority or of the (3) 1. statutory liability under the Civil

chief of the bureau or office or of Code (Arts. 27, 32 and 34);
the (4) persons exercising immediate 2. When there is a clear showing of bad
supervision over him. A relative is faith, malice or negligence
one within the 3rd degree either of (Administrative Code of 1987);
consanguinity or affinity 3. liability on contracts; and
4. liability on tort .
Vacancy – when an office is empty
and without a legally qualified Threefold Liability Rule – wrongful
incumbent appointed or elected to it acts or omissions of public officers
with a lawful right to exercise its may give rise to civil, criminal, and
powers and performs its duties. administrative liability. (CAC
liability rule)
Classifications of vacancy:
1. original – when an office is Liability of Ministerial Officers:
created and no one has been 1. Nonfeasance – neglect or refusal to
appointed to fill it; perform an act which is officer’s
2. constructive – when the legal obligation to perform;
incumbent has no legal right 2. Misfeasance – failure to use that
or claim to continue in office degree of care, skill and diligence
and can be legally replaced required in the performance of
by another functionary; official duty; and
3. accidental – when the 3. Malfeasance – doing, through
incumbent having died, ignorance, inattention or malice, of
resigned, or been removed; an act which he had no legal right to
4. absolute – when the term of perform.
an incumbent having expired
and the latter not having Doctrine of Command Responsibility
held over, no successor is in  A superior officer is liable for acts of
being who is legally qualified a subordinate when: (ERCAL)
to assume the office. 1. he negligently or willfully employs or
retains unfit or incompetent
V. POWERS AND DUTIES OF A subordinates;
PUBLIC OFFICER: 2. he negligently or willfully fails to
1. Ministerial – discharge is imperative require subordinate to conform to
and requires neither judgment nor prescribed regulations;
discretion, mandamus will lie; and 3. he negligently or carelessly oversees
2. Discretionary – imposed by law business of office as to furnish
wherein officer has right to decide subordinate an opportunity for
how and when duty shall be default;
performed, mandamus will not lie. 4. he directed or authorized or
cooperated in the wrong; or
VII. LIABILITY OF PUBLIC OFFICER 5. law expressly makes him liable.
General Rule: not liable for injuries  Under the Revised Admin. Code of
sustained by another as a consequence 1987, A Superior Officer shall be
of official acts done within the scope of liable for acts of subordinate officers
his authority, except as otherwise only if he has actually authorized be
provided by law. written order the specific act or
 A Public Officer shall not be civilly misconduct complained.
liable for acts done in the  Subordinate officers are also liable
performance of his duties for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
Exceptions: policy and good customs

Joy Zabala
d. grounds – if the charge against
Preventive Suspension such officer or employee
- a precautionary measure so involves:
that an employee who is formally i. dishonesty;
charged of an offense may be separated ii. oppression or grave
from the scene of his alleged misconduct;
misfeasance while the same is being iii. neglect in the performance
investigated (Bautista v. Peralta, 18 of duty; or
SCRA 223) iv. if there are reasons to
believe that respondent is
- need not be preceded by prior guilty of the charges which
notice and hearing since it is not a would warrant his removal
penalty but only a preliminary step in an from the service
administrative investigation (Lastimosa e. duration – the administrative
v. Vasquez, 243 SCRA 497) investigation must be terminated
within 90 days; otherwise, the
- the period of preventive suspension respondent shall be
cannot be deducted from whatever automatically reinstated unless
penalty may be imposed upon the erring the delay in the disposition of
officer (CSC Resolution No. 90-1066) the case is due to the fault,
negligence or petition of the
respondent, in which case the
PENDING PENDING period of delay shall not be
INVESTIGATION APPEAL counted in computing the period
[Sec.51, E.O.292] [Sec.27(4), E.O. of suspension.
292]
A Presidential Appointee:
1. not a penalty 1. Punitive in a. can only be investigated and
but only a means character removed from office after due
of enabling the notice and hearing by the
disciplinary President of the Philippines
authority to
under the principle that “the
conduct an
unhampered
power to remove is inherent in
investigation. the power to appoint” as can be
implied from Sec. 5, R.A.2260
2. no compensation 2. If exonerated, (Villaluz v. Zaldivar, 15 SCRA
due for the he should be 710).
period of reinstated with b. the Presidential Commission
suspension even full pay for the Against Graft and Corruption
if found innocent period of (PCAGC) shall have the power to
of the charges. suspension. investigate administrative
complaints against presidential
Rules on Preventive Suspension: appointees in the executive
department of the government,
1. Appointive Officials including GOCCs charged with
Not a Presidential Appointee (Secs. 41- graft and corruption involving
42, P.D. 807): one or a combination of the
a. by whom – the proper following criteria:
disciplining authority may i. presidential appointees with
preventively suspend; the rank equivalent to or
b. against whom – any subordinate higher than an Assistant
officer or employee under such Regional Director;
authority; ii. amount involved is at least
c. when – pending an investigation; P10M;
iii. those which threaten - R.A. 3019 makes it mandatory for

grievous harm or injury to the Sandiganbayan to suspend, for
the national interest; and a maximum period of 90 days
iv. those which may be assigned unless the case is decided within a
to it by the President (E.O. shorter period, any public officer
No. 151 and 151-A). against whom a valid information
2. Elective Officials: (Sec 63, R.A. is filed charging violation of:
7160) 1. R.A. 3019;
a. by whom – against whom 2. Book II, Title 7, Revised Penal
i. President – elective official Code; or
of a province, a highly 3. offense involving fraud upon
urbanized or an independent government or public funds or
component city; property (Cruz, The Law of
ii. Governor – elective official Public Officers, pp. 86-87)
of a component city or
municipality; VII. RIGHTS OF PUBLIC OFFICERS:
iii. Mayor – elective official of a
barangay 1. Right to Office – just and legal claim
b. when – at any time after the to exercise powers and
issues are joined; responsibilities of the public
c. grounds: office.
i. reasonable ground to believe  Term – period during which
that the respondent has officer may claim to hold
committed the act or acts office as a right.
complained of;
ii. evidence of culpability is
 Tenure – period during which
officer actually holds office.
strong;
iii. gravity of the offense so
2. Right to Salary
warrants;
Basis: legal title to office and
iv. continuance in office of the
the fact the law attaches
respondent could influence
compensation to the office.
the witnesses or pose a
Salary – compensation provided
threat to the safety and
to be paid to public officer
integrity of the records and
for his services.
other evidence
Preventive Suspension – public
d. duration:
officer not entitled during the
i. single administrative case –
period of preventive suspension,
not to extend beyond 60
but upon exoneration and
days;
reinstatement he must be paid
ii. several administrative cases
full salaries and emoluments
– not more than 90 days
during such period.
within a single year on the
same ground or grounds
Back salaries are also payable to
existing and known at the
an officer illegally dismissed or
time of the first suspension
otherwise unjustly deprived of
- Section 24 of the Ombudsman
his office the right to recover
Act (R.A. 6770) expressly provide
accruing from the date of
that “the preventive suspension
deprivation. The claim for back
shall continue until the case is
salaries must be coupled with a
terminated by the Office of the
claim for reinstatement and
Ombudsman but not more than 6
subject to the prescriptive
months without pay.” The
period of one (1) year. (Cruz,
preventive suspension for 6
Law on Public Officers, p126-
months without pay is thus
126)
according to law (Lastimosa v.
Vasquez, 243 SCRA 497)

Joy Zabala
Forms of Compensation: promotions must be submitted
a. salary – personal simultaneously for approval by
compensation to be paid to the Commission, the disapproval
public officer for his services of the appointment of a person
and it is generally a fixed proposed to a higher position
annual or periodical payment invalidates the promotion of
depending on the time and those in the lower positions and
not on the amount of the automatically restores them to
service he may render; their former positions.
b. per diem – allowance for
days actually spent in the 4. Right to vacation leave and sick
performance of official leave with pay;
duties;
c. honorarium – something 5. Right to maternity leave;
given as not as a matter of
obligation, but in 6. Right to pension and gratuity;
appreciation for services Pension – regular allowance paid
rendered; to an individual or a group of
d. fee – payment for services individuals by the government in
rendered or on commission consideration of services
on moneys officially passing rendered or in recognition of
through their hands; and merit, civil or military.
e. emoluments – profits arising Gratuity – a donation and an act
from the office, received as of pure liberality on the part of
compensation for services or the State.
which is annexed to the
office as salary, fees, or 7. Right to retirement pay;
perquisites.
8. Right to reimbursement for
3. Right to Preference in Promotion expenses incurred in performance of
Promotion – movement from one duty;
position to another with increase
in duties and responsibilities as 9. Right to be indemnified against any
authorized by law and usually liability which they may incur in
accompanied by an increase in bona fide discharge of duties; and
pay.
10. Right to longevity pay.
Next-in-Rank Rule – the person
next in rank shall be given 11. Right to Self-Organization
preference in promotion when the Art III, Sec 8 1987Consti. Note: Civil
position immediately above his is servants are now given the right to self
vacated. But the appointing organize but they may not stage strikes
authority still exercises his (see: SSS Employees Assoc. vs. CA, 175
discretion and is not bound by this SCRA 686)
rule.
 Appointing officer is only
required to give special VIII. MODES OF TERMINATION
reasons for not appointing OFFICIAL RELATIONSHIP:
officer next in rank if he fills (TR3A3P DIFC2IT)
vacancy by promotion in 1. expiration of term or tenure;
disregard of the next in rank 2. reaching the age limit;
rule. (Pineda vs. Claudio, 28 3. resignation;
SCRA 34) 4. recall;
5. removal;
Automatic Reversion Rule – all 6. abandonment;
appointments involved in chain of 7. acceptance of incompatible office;
8. abolition of office; f. Municipal Mayors and Vice

9. prescription of right to office (within Mayors/City Mayors and Vice
one year after the cause of ouster or Mayors of component cities -
the right to hold such office or Provincial Governor;
position arose); g. Sanggunian Members –
10. impeachment; Sanggunian concerned; and
11. death; h. Elective Barangay Officials –
12. failure to assume elective office Municipal or City Mayors
within 6 months from proclamation;
13. conviction of a crime; and Recall - termination of official
14. filing of certificate of candidacy. relationship for loss of confidence
prior to expiration of his term
 When public officer holds office at through the will of the people.
pleasure of appointing power, his
replacement amounts to expiration Limitations on Recall:
of his term, not removal.(Alajar vs 1. any elective official may be subject
Alba, 100 Phil 683) of a recall election only once during
his term of office for loss of
Principle of Hold-Over – if no express or confidence; and
implied Constitutional or statutory 2. no recall shall take place within one
provision to the contrary, public officer year from date of the official’s
is entitled to hold office until successor assumption to office or one year
has been chosen and shall have immediately preceding a regular
qualified. local election.
Purpose: to prevent hiatus in public
office. (But subject to Art. 237 of Procedure for Recall (Secs. 70-72, R.A.
RPC) 7160)
1. Initiation of the Recall Process:
Retirement: a. by a Preparatory Recall
Assembly (PRA) composed of:
 Members of Judiciary : 70 years of i. Provincial – mayors, vice
age
mayors and sanggunian (sg)
 Other government officers and members of the
employees : 65 years of age municipalities and
 Optional retirement age: after component cities;
rendition of minimum number of ii. City – punong barangay and
years of service. (sg) barangay members;
iii. Legislative District:
Accepting Authority for Resignation: iiia. SG Panlalawigan –
1. to competent authority provided by municipal officials in
law; the district;
2. If law is silent and public officer is iiib. SG Panglunsod –
appointed, tender to appointing barangay officials in
officer; the district;
3. If law is silent and public officer is iv. Municipal - punong barangay
elected, tender to officer authorized and (sg) barangay members;
by law to call election to fill  majority of the PRA
vacancy: members shall convene in
a. President and Vice-President - session in a public place;
Congress  recall of the officials
b. Members of Congress -
concerned shall be validly
respective Chambers
initiated through a resolution
e. Governors, Vice Governors,
adopted by a majority of all
Mayors and Vice Mayors of HUC’s
the PRA members concerned
and independent component
cities - President.

Joy Zabala
b. by the Registered Voters (RV) in
the province, city, municipality 3. Election on Recall – COMELEC shall
or barangay (LGU) concerned - set the date of the election on
at least 25% of the total number recall:
of RV in the LGU concerned a. for barangay, city or municipal
during the election in which the officials – not later than 30 days
local official sought to be after the filing of the resolution
recalled was elected; or petition;
i. written petition filed with b. for provincial officials - not later
the COMELEC in the presence than 45 days after the filing of
of the representative of the the resolution or petition;
petitioner and a 4. Effectivity of Recall – only upon the
representative of the official election and proclamation of a
sought to be recalled, and in successor in the person of the
a public place of the LGU; candidate receiving the highest
ii. COMELEC shall cause the number of votes cast during the
publication of the petition in election on recall.
a public and conspicuous  Should the official sought to be
place for a period of not less recalled receive the highest
than 10 days nor more than number of votes, confidence in
20 days him is thereby affirmed, and he
iii. upon lapse of the said shall continue in office.
period, COMELEC shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled
ELECTION LAW
I.SUFFRAGE Peter Sison v. COMELEC,

- right to vote in election of G.R. No. 134096, March 3,
officers chosen by people and in 1999)
the determination of questions
submitted to people. It includes:  What is common in these
1.election; three instances is the
2.plebiscite; resulting failure to elect. In
3.initiative; and the first instance, no
4.referendum. election is held while in the
second, the election is
Election – means by which people suspended. In the third
choose their officials for a definite instance, circumstances
and fixed period and to whom they attending the preparation,
entrust for time being the exercise transmission, custody or
of powers of government. canvass of the election
Kinds: returns cause a failure to
1. Regular election – one provided elect. The term failure to
by law for election of officers elect means nobody emerged
either nationwide or in certain as a winner. (Pasandalan vs.
subdivisions thereof, after Comelec, G.R. No. 150312,
expiration of full term of former July 18, 2002)
members; and  The causes for the
2. Special election – one held to fill declaration of a failure of
vacancy in office before election may occur before or
expiration of full term for which after the casting of votes or
incumbent was elected. on the day of the election.
(Sec. 4, R.A. 7166)
Failure of Elections – there are  The COMELEC shall call for
only 3 instances where a failure of the holding or continuation
elections may be declared, namely: of the election on a date
a. The election in any polling reasonably close to the date
place has not been held on of the election not held,
the date fixed on account of suspended, or which resulted
force majeure, violence, in a failure to elect but not
terrorism, fraud, or other later than 30 days after the
analogous causes; cessation of the cause of
b. The election in any polling such suspension or failure to
place had been suspended elect. (Sec. 6, B.P. 881)
before the hour fixed by law  In such election, the location
for the closing of the voting of polling places shall be the
on account of force same as that of the
majeure, violence, preceding regular election.
terrorism, fraud, or other However, changes may be
analogous causes; and initiated by written petition
c. After the voting and during of the majority of the voters
the preparation and of the precinct or agreement
transmission of the election of all the political parties or
returns or in the custody or by resolution of the Comelec
canvass thereof such after notice and hearing.
election results in a failure (Cawasa vs. Comelec, G.R.
to elect on account of force No. 150469, July 3, 2002)
majeure, violence,
terrorism, fraud or other Postponement of Elections - An
analogous causes. (Joseph election may be postponed by the

Joy Zabala
COMELEC either motu proprio or upon the most immediate means of securing
a verified petition by any interested their adoption, regularly nominates and
party when there is violence, supports certain of its leaders and
terrorism, loss or destruction of members as candidate in public office.
election paraphernalia or records, (Bayan Muna v. Comelec, GR No. 147613,
force majeure, or other analogous June 28, 2001)
cause of such a nature that the
holding of a free, orderly and honest  To acquire juridical personality
election becomes impossible in any and to entitle it to rights and
political subdivision. (Sec. 5, B.P. privileges granted to political
881) parties, it must be registered
with COMELEC
 The COMELEC shall call for the
holding of the election on a date  policies for the general conduct
reasonably close to the date of of government and which, as the
the election not held, most immediate means of
suspended, or which resulted in securing their adoption,
a failure to elect but not later regularly nominates and supports
than 30 days after the cessation certain of its leaders and
of the cause for such members as candidate in public
postponement or suspension of office. (Bayan Muna v. Comelec,
the election or failure to elect. GR No. 147613, June 28, 2001)
(Sec. 5, B.P. 881)
 To acquire juridical personality
Qualification for Suffrage: and to entitle it to rights and
1. Filipino citizen; privileges granted to political
2. At least 18 years of age; parties, it must be registered
3. Resident of the Philippines for at with COMELEC.
least one year;
4. Resident of place where he proposes Groups Disqualified for Registration:
to vote for at least 6 months; and 1. religious denominations or sects;
5. Not otherwise disqualified by law. 2. those who seek to achieve their
goals through violence or unlawful
Disqualification: means;
1. person convicted by final judgment 3. those who refuse to uphold and
to suffer imprisonment for not less adhere to Constitution; and
than 1 year, unless pardoned or 4. those supported by foreign
granted amnesty; but right governments.
reacquired upon expiration of 5
years after service of sentence; Grounds for Cancellation of
2. person adjudged by final judgment Registration:
of having committed any crime
involving disloyalty to government or 1. accepting financial contributions
any crime against national security; from foreign governments or their
but right is reacquired upon agencies; and
expiration of 5 years after service of 2. failure to obtain at least 10% of
sentence; and votes casts in constituency where
3. insane or incompetent persons as party fielded candidates.
declared by competent authority
(Sec. 118, OEC).
II. POLITICAL PARTY Party System – a free and open party

- organized group of citizens system shall be allowed to evolve
advocating an ideology or platform, according to free choice of people.
principles and policies for the general  no votes cast in favor of political
conduct of government and which, as party, organization or coalition
shall be valid except for those third parties for partisan

registered under the party-list election purposes;
system provided in the e. it violates or fails to comply with
Constitution; laws, rules or regulation relating
 political parties registered under to elections;
party-list system shall be f. it declares untruthful statements
entitled to appoint poll watchers in its petition;
in accordance with law; and g. it has ceased to exist for at least
one (1) year; or
 part-list representatives shall
h. it fails to participate in the last
constitute 20% of total number
two (2) preceding elections or
of representatives in the House.
fails to obtain at least two per
centum (2%) of the votes cast
Guidelines for screening party-list
under the party-list system in
participants
two (2) preceding elections for
1. The political party, sector,
the constituency in which it has
organization or coalition must
registered.
represent the marginalized and
5. the party or organization must not
underrepresented groups identified
be an adjunct of, or a project
in Sec. 5 of RA 7941. Majority of its
organized or an entity funded or
member-ship should belong to the
assisted by, the government.
marginalized and underrepresented;
6. the party, including its nominees
2. While even major political parties
must comply with the qualification
are expressly allowed by RA 7941
requirements of section 9, RA 7941
and the Constitution, they must
as follows: “No person shall be
comply with the declared statutory
nominated as party-list
policy of “Filipino citizens belonging
representative unless he is: (a)
to marginalized and under-
natural-born citizen of the
represented sectors to be elected to
Philippines; (b) a registered voter;
the House of Representatives”.
(c) a resident of the Philippines for a
Thus, they must show that they
period of not less than one year
represent the interest of the
immediately preceding the day of
marginalized and underrepresented.
the election; (d) able to read and
3. That religious sector may not be
write; (e) a bona fide member of the
represented in the party-list system;
party or organization which he seeks
except that priests, imam or pastors
to represent for at least 90 days
may be elected should they
preceding the day of the election;
represent not their religious sect but
and (f) at least 25 years of age on
the indigenous community sector;
the day of the election. In case of a
4. A party or an organization must not
nominee of the youth sector, he
be disqualified under Sec. 6, RA 7941
must at least be twenty five (25) but
as follows:
not more than thirty (30) years of
a. it is a religious sect or
age on the day of the election. Any
denomination, organization or
youth sectoral representative who
association organized for
attains the age of thirty (30) during
religious purposes;
his term shall be allowed to continue
b. it advocates violence or unlawful
in office until the expiration of his
means to seek its goals;
terms”;
c. it is a foreign party or
organization;
d. it is receiving support from any
7. not only the candidate party or
foreign government, foreign
organization must represent
political party, foundation,
marginalized and underrepresented
organization, whether directly or
sectors, so also must its nominees;
through any of its officers or
8. while lacking the a well-defined
members or indirectly through
political constituency, the nominee

Joy Zabala
must likewise be able to contribute 3. by other circumstances or acts which
to the formation and enactment of demonstrate that a candidate has no
appropriate legislation that will bona fide intention to run for office
benefit the nation as a whole. (Ang for which certificate has been filed,
Bagong Bayani-OFW Labor Party, v. and thus prevent a faithful
COMELEC, GR No. 147589, June 26, determination of true will of
2001). electorate.
III. DISQUALIFICATION OF IV. FAIR ELECTIONS ACT OF 2001 (RA

CANDIDATES: 9006)
1. declared as incompetent or insane
by competent authority; Lawful election Propaganda (sec. 3):
2. convicted by final judgment for
subversion, insurrection, rebellion or 1. Written/Printed Materials (does not
any offense for which he has been exceed 8 ½ in. width by 14 in.
sentenced to a penalty of 18 months length)
imprisonment; 2. Handwritten/printed letters
3. convicted by final judgment for 3. Posters (not exceeding 2 x 3 ft.)
crime involving moral turpitude;  3 by 8 ft. allowed in
4. any person who is permanent announcing, at the site and
resident of or immigrant to a foreign on the occasion of a public
country; and meeting or rally, may be
5. one who has violated provisions on: displayed 5 days before the
a. campaign period; date of rally but shall be
b. removal, destruction of lawful removed within 24 hours
election propaganda; after said rally.
c. prohibited forms of propaganda; 4. Print Ads
d. regulation of propaganda
through mass media; and
 ¼ page in broadsheets and ½
page in tabloids thrice a
e. election offenses.
week per newspaper,
magazine or other
- When a candidate has not yet been
publication during the
disqualified by final judgment during
campaign period
the election day and was voted for,
5. Broadcast Media (i.e. TV and
the votes cast in his favor cannot be
Radio)
declared stray. To do so would
amount to disenfranchising the
electorate in whom sovereignty NATIONAL LOCAL
resides. (Codilla vs. Hon. Jose De POSITIONS POSITIONS
Venecia, G.R. No. 150605, December
1. 120 minutes 1. 60 minutes
10, 2002) for TV for TV
Nuisance Candidate 2. 180 minutes 2. 90 minutes

– COMELEC may motu propio for Radio for Radio
or upon petition of
interested party, refuse to Prohibited Campaign
give due course to or cancel 1. Public exhibition of movie,
certificate of candidacy if cinematograph or documentary
shown that said certificate portraying the life or biography of a
was filed: candidate during campaign period;
1. to put election process in mockery or 2. Public exhibition of a movie,
disrepute; cinematograph or documentary
2. to cause confusion among voters by portrayed by an actor or media
similarity of names of registered personality who is himself a
candidates; candidate;
3. Use of airtime for campaign of a substituted candidates shall be

media practitioner who is an official considered as stray votes but shall not
of a party or a member of the invalidate the whole ballot. For this
campaign staff of a candidate or purpose, the official ballots shall provide
political party; for spaces where the voters may write
the name of the substitute candidates if
Limitation on Expenses: they are voting for the latter: Provided,
1. for candidates: however, That if the substitute
 President and Vice President candidate is of the same family name,
= P10/voter; this provision shall not apply.(Sec.12)
 Other candidates, if with V. PRE-PROCLAMATION
party = P3/voter;
CONTROVERSY
 Other candidates, if without  Any question pertaining to or
party = P5/voter. affecting proceedings of Board of
2. for political parties = P5/voter Canvassers which may be raised
by any candidate or by a
Statement of Contribution and registered political party or
Expenses coalition of political parties
 every candidate and treasurer of before the board or directly with
political party shall, within 30 days COMELEC or any matter raised
after day of election, file offices of under Sections 233, 234, 235,
COMELEC the full, true and itemized and 236, in relation to
statement of all contribution and preparation, transmission,
expenditures in connection with receipt, custody and
election. appreciation of election returns.
Election Survey Issues which may be raised in a Pre-

 The SC held that Sec. 5.4 of the Fair Proclamation Controversy:
Election Act prohibiting publication 1. Illegal composition or proceedings of
of survey results 15 days the board of Canvassers;
immediately preceding a national 2. Canvassed election returns are
election and 7 days before a local incomplete, contain material
election violates the constitutional defects, appears to be tampered
rights of speech, expression, and the with or falsified; or contain
press because: discrepancies in the same returns or
 it imposes a prior restraint on in other authentic copies thereof as
the freedom of expression; mentioned in Sec. 233,234,235 and
 It is a direct and total 236 of BP 881;
suppression of a category of 3. Election returns were prepared
expression even though such under duress, threat, coercion, or
suppression is only for a limited intimidation, or they are obviously
period; and manufactured or not authentic; and
4. When substitute of fraudulent
 the governmental interest sought
returns in controverted polling
to be promoted can be achieved
places were canvassed, the results of
by means other than the
which materially affected the
suppression of freedom of
standing of the aggrieved
expression. (Social Weather
candidate/s.
Station v. Comelec, G.R. No.
147571 May 5, 2001)
Substituted and Substitute Candidate

VIII. ELECTION CONTESTS
- In case of valid substitutions
after the officials ballots have been
Nature: special summary proceeding
printed, the votes cast for the
object of which is to expedite

Joy Zabala
settlement of controversies between receipt of decision on ground of
candidates as to who received majority grave abuse of discretion
of legal votes. amounting to lack or excess of
Purpose: to ascertain true will of people jurisdiction or violation of due
and duly elected officer, and this could process;
be achieved by throwing wide open the 3. For decisions of Electoral Tribunal
appeal before the court.  petition for review on Certiorari
with SC on ground of grave abuse
Contest: any matter involving title or of discretion amounting to lack
claim of title to an elective office, made or excess of jurisdiction or
before or after proclamation of winner, violation of due process.
whether or not contestant is claiming
office in dispute. Actions Which May Be Filed:
Election, Returns and qualification – 1. Election Protest
refers to all matters affecting validity of - May be filed by any candidate who
the contestee’s title to the position. has filed a certificate of candidacy
and has been voted upon for the
Election – conduct of the polls, same officer;
including the registration of voters, Grounds:
holding of election campaign, and a. fraud;
casting and counting of votes. b. terrorism;
c. irregularities; or
Returns – include the canvass of d. illegal acts
returns and proclamation of winners,
together with questions concerning
 committed before, during, or
after casting and counting of
composition of Board of Canvassers
votes
and authenticity of election returns.
Time to file: within 10 days from
proclamation of results of election.
Qualifications – matter which could
be raised in a quo warranto
2. Quo warranto
proceedings against the proclaimed
- Filed by any registered voter in the
winner, such as his disloyalty to the
constituency
Republic or his ineligibility or
inadequacy of his certificate of
Grounds:
candidacy.
a. ineligibility; or
b. disloyalty to Republic.
Original Exclusive Jurisdiction Over
Time to file: within 10 days from
Election Contests
proclamation of results of election.
1. President and Vice-President -
Supreme Court en banc
2. Senator - Senate Electoral Tribunal QUO WARRANTO QUO WARRANTO
3. Representative - HR Electoral IN ELECTIVE IN APPOINTIVE
Tribunal OFFICE OFFICE
1. determination is 1. determination is
4. Regional/Provincial/City - COMELEC
eligibility of legality of
5. Municipal - RTC candidate-elect appointment
6. Barangay - MTC 2. when person 2. court may
elected is determine as to
Appellate Jurisdiction: declared who among the
1. For decisions of RTC and MTC ineligible, court parties has legal
 appeal to COMELEC whose cannot declare 2nd title to office
placer as elected,
decision shall be final and even if eligible
executory;
2. For decisions of COMELEC IX. ELECTION OFFENSES
 petition for review on Certiorari
with SC within 30 days from Vote-Buying and Vote-Selling
(1) Any person who gives, offers employment, public or private,

or promises money or anything of for any of the foregoing
value, gives or promises any considerations. (Sec. 261, B.P.
office or employment, franchise 881)
or grant, public or private, or
makes or offers to make an
expenditure, directly or  One of the effective ways of
indirectly, or cause an preventing the commission
expenditure to be made to any of vote-buying and of
person, association, corporation, prosecuting those
entity, or community in order to committing it is the grant of
induce anyone or the public in immunity from criminal
general to vote for or against any liability in favor of the
candidate or withhold his vote in party (person/s) whose vote
the election, or to vote for or was bought. This grant of
against any aspirant for the immunity will encourage the
nomination or choice of a recipient or acceptor to
candidate in a convention or come into the open and
similar selection process of a denounce the culprit-
political party. candidate, and will ensure
(2) Any person, association, the successful prosecution of
corporation, group or community the criminal case against the
who solicits or receives, directly latter. (Comelec vs. Hon.
or indirectly, any expenditure or Tagle, G.R. Nos. 148948 &
promise of any office or 148951, February 17, 2003)
LAW ON PUBLIC CORPORATION

Joy Zabala
I. LOCAL GOVERNMENT CODE OF 1991 1. Territorial and subdivisions of State
(R.A. 7160) shall enjoy genuine and meaningful
local autonomy to enable them to
Effectivity: January 1, 1992 attain fullest development and make
them more effective partners in
Scope of Application of Local attaining national goals;
Government Code: 2. Ensure accountability of LGU’s
Applicable to: through institution of effective
1. all provinces, mechanisms of recall, initiative and
2. cities, referendum; and
3. municipalities, 3. Require all national agencies and
4. barangays; offices to conduct periodic
5. and other political subdivisions consultations with appropriate
as may be created by law; and LGU’s, NGO’s and People’s
6. to the extent provided in the Organizations and other concerned
Local Government Code: sector of community before any
a. to officials, project or program is implemented
b. offices, or in their respective jurisdictions.
c. agencies of the National
Government. Rules on Interpretation:
1. provision on power: liberally
Local Autonomy – in its constitutional interpreted in favor of LGU; in case
sense, to polarize LGU’s from over of doubt, resolved in favor of
dependence on central government and devolution of powers;
do not make LGU’s mini-republics or 2. ordinance or revenue measure:
imperium in imperia. construed strictly against LGU
enacting it and liberally in favor of
Decentralization of Administration – tax payer;
central government delegates 3. tax exemptions, incentive or relief
administrative powers to political granted by LGU: construed against
subdivisions in order to broaden base of person claiming;
government power and in process make 4. general welfare provisions: liberally
LGU’s more responsive and accountable interpreted to give more powers to
and ensure their fullest development as LGU’s in accelerating economic
self-reliant communities and make them development and upgrading quality
effective partners in the pursuit of of life for people in community;
national development and social 5. rights and obligations existing on
progress. date of effectivity of LGC of 1991
and arising out of contracts or any
Decentralization of Power – involves other source of prestation involving
abdication of political power in favor of LGU, shall be governed by original
LGU’s declared autonomous.(Limbona v. terms and conditions of said
Mengelin, 170 SCRA 786). contracts or law in force at time
such rights were vested; and
Devolution – act by which national 6. resolution of controversies arising
government confers power and authority under LGC of 1991 where no legal
upon various LGU’s to perform specific provision or jurisprudence applies,
functions and responsibilities.[Sec.17(e), resort may be had to customs and
par.2, LGC]. traditions in place where
controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the
Declaration of Policy: government of a portion of the State.
Elements of Public Corporation: 1. Province – cluster of municipalities,

1. legal creation or incorporation; or municipalities and component
2. corporate name; cities, and serves as dynamic
3. inhabitants; and mechanism for developmental
4. territory. processes and effective governance
of LGU’s within its territorial
Classes of Corporation: jurisdiction.
1. Quasi-corporation – public
corporations created as agencies of 2. City – composed of more urbanized
State for narrow and limited and developed barangays, serves as a
purposes. general purpose government for
2. Municipal corporation – body politic coordination and delivery of basic,
and corporate constituted by regular and direct services and
incorporation of inhabitants of city effective governance of inhabitants
or town purposes of local within its territorial jurisdiction;
government thereof or as agency of
State to assist in civil government of 3. Municipality – consisting of group of
the country. barangays, serves primarily as a
3. Quasi-public corporation – private general purpose government for
corporation that renders public coordination and delivery of basic,
service or supplies public wants. regular and direct services and
effective governance of inhabitants
PUBLIC PRIVATE within its territorial jurisdiction;
CORPORATION CORPORATION
4. Barangay – basic political unit which
1. established for 1. created for private serves as primary planning and
purposes of aim, gain or benefit implementing unit of government
administration of of members policies, plans, programs, projects
civil and local and activities in community, and as a
governments
forum wherein collective views of
2. creation of State 2. created by will of people may be expressed,
either by special or incorporators with crystalized and considered and
general act recognizance of State where disputes may be amicably
settled;
3. involuntary 3. voluntary
consequence agreement by and 5. Autonomous Regions – created for
legislation among members decentralization of administration or
decentralization of government; and
III. DE FACTO MUNICIPAL 6. Special metropolitan political

CORPORATION subdivisions – created for sole
purpose of coordination of delivery
Requisites: of basic services.
1. valid law authorizing incorporation;
2. attempt in good faith to organize Creation of Municipal Corporations
under it; 1. For province, city or municipality,
3. colorable compliance with law; and only by Act of Congress;
4. assumption of corporate powers. 2. For barangays, ordinance passed by
respective Sanggunian
IV. TERRITORIAL AND POLITICAL

SUBDIVISIONS ENJOYING  Plebiscite Requirement –
LOCAL AUTONOMY: approved by a majority of
the votes cast in a plebiscite

Joy Zabala
called for the purpose in the
political unit/s directly Classification of Powers of Local
affected (Sec. 10, R.A. 7160) Government Units
 Based on verifiable 1. Express, implied and inherent;
indicators of viability and 2. Public or governmental, private or
projected capacity to proprietary;
provide services (Sec. 7, R.A. 3. Intramural and extramural; and
7160) [Note: see Annex C] 4. Mandatory and directory; ministerial
and discretionary.
Beginning of Corporate Existence
 upon election and qualification Governmental Powers of LGU:
of its chief executive and 1. General Welfare – (Sec. 16, R.A.
majority of members of its 7160) statutory grant of police
Sanggunian, unless some other power to LGU’s. It is limited to:
time is fixed therefore by law or a. territoriality;
ordinance creating it. b. equal protection clause;
 Mode of Inquiry to Legal c. due process clause; and
Existence of LGU: Quo warranto d. must not be contrary to law.
which is reserved to State or 2. Delivery of basic services and
other direct proceedings facilities – (Sec. 17, of R.A. 7160);
3. Power to generate and apply
Abolition of LGU: resources – (Sec. 18, of R.A. 7160);
 When income, population, or land 4. Eminent Domain – (Sec. 19, of R.A.
7160);
area of LGU has been reduced to less
Additional Limitations for Exercise
than minimum standards prescribed
by LGU:
for its creation. The law or
a. exercise by local chief executive
ordinance abolishing LGU shall
pursuant to an ordinance;
specify the province, city,
b. for public use, purpose or
municipality or barangay with which
welfare for benefit of poor and
LGU sought to be abolished will be
landless;
incorporated or merged.
c. payment of just compensation;
and
Division and Merger of LGU’s
d. only after valid and definite
 shall comply with same offer had been made to, and not
requirements, provided: accepted by owner.
1. shall not reduce income, population (Municipality of Parañaque v.
or land area of LGU concerned to V.M. Realty Corp., 292 SCRA
less than the minimum requirements 678)
prescribed; 5. Reclassification of Lands – (Sec. 20
2. income classification of original LGU of RA 7160)
shall not fall below its current Limited by following percentage of
income classification prior to total agricultural land area:
division; a. for HUC and independent
3. Plebiscite be held in LGU’s affected. component cities: 15%;
4. Assets and liabilities of creation shall b. for component cities and 1st to
be equitably distributed between the 3rd class municipalities: 10% ;
LGU’s affected and new LGU. When and
municipal district of other territorial c. for 4th to 6th class municipalities:
divisions is converted or fused into a 5%.
municipality all property rights 6. Closure and opening of roads – (Sec.
vested in original territorial 21 of RA 7160)
organization shall become vested in
government of municipality. In case of permanent closure:
a. adequate provision for public
V. POWERS OF LGUs safety must be made; and
b. may be properly used or 1. to have continuous succession in its

conveyed for any purpose for corporate name;
which other real property may 2. to sue and be sued;
be lawfully used or conveyed; 3. to have and use a corporate seal;
provided no freedom park be 4. to acquire and convey real or
permanently closed without personal property;
provisions or transfer to new 5. power to enter into contracts;
site. Requisites of valid municipal
7. Local legislative power – (Secs. 48- contracts:
59 of RA 7160) a. LGU has express, implied, or
Approval of ordinances: inherent power to enter into a
a. local chief executive with his particular contract;
signature on each and every b. Entered into by proper
page; department, board, committee,
b. if local chief executive vetoes or agent;
the same, may be overridden by c. Must comply with substantive
2/3 vote of all sanggunian requirements;
members; d. Must comply with formal
(i) grounds for veto: requirements; and
ordinance is ultra vires e. In case entered into by local
or prejudicial to public chief executive on behalf of
welfare; LGU, prior authorization by
(ii) local chief executive Sanggunian concerned is
may veto particular needed
item/s of appropriation 6. to exercise such other powers as
ordinance, adoption of granted to corporation, subject to
local development plan limitations provided in Local
and public investment Government Code of 1991 and other
plan, or ordinance laws.
directing payment of
money or creating VI. MUNICIPAL LIABILITY:
liability; and
(iii) local chief executive Rule: Local government units and their
may veto an ordinance officials are not exempt from liability for
only once; death or injury to persons or damage to
c. veto communicated to property (Sec. 24, R.A. 7160)
sanggunian within 15 days for 1. Statutory provisions on liability:
province and 10 days for city or a. Art. 2189, Civil Code – defective
municipality. condition of roads, streets,
bridges, public buildings, and
Requisites for validity: other public works;
a. must not contravene the b. Art. 2180(6th par.), Civil Code –
Constitution and any statute; acts through a special agent;
b. must not be unfair or oppressive; d. Art. 34, Civil Code – failure or
c. must not be partial or refusal of a member of the
discriminatory; police force to render aid and
d. must not prohibit, but may protection in case of danger to
regulate trade; life and property
e. must not be unreasonable; and 2. for Tort – depends if engaged in:
f. must be general in application a. governmental functions – not
and consistent with public policy. liable;
b. proprietary functions – liable

Barangay Chairman has no
veto power. 3. for Violation of Law
Corporate Powers of LGU: 4. for Contracts – if contract is:
a. intra vires – liable;

Joy Zabala
b. ultra vires – not liable 2. those removed from office due to
 Doctrine of Implied Municipal administrative cases;
Liability – a municipality may 3. those convicted by final judgment
become obligated upon an for violating oath of allegiance to
implied contract to pay the the Republic;
reasonable value of the benefits 4. those with dual citizenship;
accepted or appropriated by it as 5. fugitives from justice in criminal or
to which it has the general non-political cases here or abroad;
power to contract (Province of 6. permanent resident in foreign
Cebu v. IAC, 147 SCRA 447); the country; and
doctrine applies to all cases 7. insane or feeble-minded.(Sec.40,
where money or other property RA.7160)
of a party is received under such
circumstances that the general VIII. MANNER OF ELECTION
law, independent of an express 1. Elected at large
contract, implies an obligation to a. Governor; Vice Governor;
do justice with respect to the b. City or municipal mayor; City or
same (Nachura, Reviewer in municipal vice-mayor;
Political Law, p. 431) c. Punong barangay,
d. SK chairman, elected by voters
VII. QUALIFICATION OF ELECTIVE of Katipunan ng Kabataan
LOCAL OFFICIALS:
1. citizen of the Philippines; 2. Elected by District
2. registered voter of barangay, a. regular members of Sanggunian
municipality, city, province, or b. ex-officio members of
district where he intends to be Sanggunian
elected; (i.) panlalawigan
3. resident therein for at least 1 year  president of leagues of
preceding election; sanggunian members of
4. able to read and write Filipino or component cities and
local language or dialect; and municipalities; and
5. age:  president of liga ng mga
a. 23 years of age – Governor, Vice barangay and pederasyon
Governor, Board Member, ng mga sanggunian
Mayor, Vice Mayor or Member of kabataan
City Council for HUC’s. (ii.) panlunsod
b. 21 years of age – Mayor or Vice  president of liga ng mga
Mayor of ICC’s, component cities barangay and the
or municipalities; pederasyon ng mga SB
c. 18 years of age – members of (iii.) bayan
ICC or component city or  president of liga ng mga
municipal council or punong barangay and the
barangay or member of pederasyon ng mga
barangay council; sanggunian kabataan
d. at least 15 but not 21 years of
age – candidate for sanggunian 3. Sectoral representatives – women,
kabataan. worker, urban poor, and other
(Sec. 39, RA 7160) sectors allowed by law.
Disqualification of Elective Local Date of Election: Every 3 years on

Official: 2nd Monday of May, unless otherwise
1. sentenced by final judgment for provided by law.
offense involving moral turpitude or
punishable by 1 year or more of Term of Office: 3 years starting
imprisonment within 2 after service from noon of June 30 next following
of sentence; the election or such date as may be
provided by law, except that of 3. dishonesty, oppression, misconduct

elective barangay officials, for in office, gross negligence or
maximum of 3 consecutive terms in dereliction of duty;
same position. 4. commission of offense involving
Consecutive: After three moral turpitude or offense
consecutive terms, an elective punishable by at least prision mayor;
local official cannot seek 5. abuse of authority;
immediate reelection for a 6. unauthorized absence for 15
fourth term. The prohibited consecutive working days except
election refers to the next sanggunian members;
regular election for the same 7. application for, acquisition of ,
office following the end of the foreign citizenship or residence or
third consecutive term. Any status of an immigrant of another
other subsequent election, like a country; and
recall election is no longer 8. such other grounds as may be
covered by the prohibition provided in EC and other laws
(Socrates vs. Comelec, G.R. No.
154512, November 12, 2002).  Under Sec. 60 of RA 7160 an
elective local official may be
IX. GROUNDS FOR DISCIPLINARY removed from office on the
ACTIONS: grounds enumerated above
1. disloyalty to the Republic; by order of the proper court
2. culpable violation of the only (Salalima vs Guingona,
Constitution; 257 SCRA 55)

Joy Zabala
PUBLIC INTERNATIONAL LAW
I. PUBLIC INTERNATIONAL LAW (iii)attended by opinio juris

- Law that deals with the or sense of legal
conduct of States and international obligation
organizations, their relations with each c. general principle of law.
other and, in certain circumstances,
their relations with persons, natural or 2. Subsidiary –
juridical (American Third Restatement) a. Judicial decisions;
b. writings of publicists; and
Main Divisions: c. Advisory Opinions of the ICJ.
1. Laws of Peace;
2. Laws of War; Constitution vs. Treaty
3. Laws of Neutrality. Generally, the treaty is rejected in the
local forum but is upheld by
Basis of International Law international tribunals as a demandable
1. Law of Nature School – based on obligation of the signatories under the
rules of conduct discoverable by maxim pacta sunt servanda.
every individual in his own
conscience and through application The treaty is always subject to
of right reasons. qualification or amendment by a
subsequent law, and the same may never
2. Positivist School – agreement of curtail or restrict the scope of the police
sovereign states to be bound by it power of the State. (Ichong v.
(express in conventional law, implied Hernandez, GR no.L-7995, May 31, 1957)
in customary law, and presumed in
general principles). Functions of International Law:
1. promote international peace and
3. Eclectic or Groatian School – a security;
compromise between the first 2 2. foster friendly relations among
schools and submits that nations and discourage use of force
international law is binding partly in resolution of difference among
because it is good and right and them;
partly because states agreed to be 3. provide for orderly regulation of
bound by it. conduct of states in their mutual
dealings; and
Sources of Public International Law: 4. ensure international cooperation in
1. Primary – pursuit of certain common purposes
a. international treaties and of economic, social, cultural, or
conventions; humanitarian character.
(i) law-making treaty (traite-
loi); INTERNATIONAL MUNICIPAL
(ii) contract treaty (traite- LAW LAW
contract). 1. Law of 1. Law of
coordination subordination
b. international customs; (issued by
political superior)
Requisites: 2. Regulates 2. Regulates
(i)Prevailing practice by a relation of states relations of
number of states; and other individuals among
(ii)repeated over a international themselves or
considerable period of persons with their own
time and; states
3. Derived 3. Consists mainly of When recognized, considered as a

principally from statutory separate state for purposes of
treaties, enactments, and
conflict and entitled to all rights and
international to lesser extent
customs and executive orders subjected to all obligations of a full-
general principles and judicial pledged belligerent under laws of
of law pronouncements war.
United Nations – international

organization created at San
4. Resolved thru 4. Redressed thru
state-to-state local Francisco Conference held in the US
transactions administrative from April 25 to June 26, 1945. UN
and judicial succeeded the League of Nations and
processes is governed by a charter that came
into force on October 24, 1945.
5. Collective 5. Breach of which
responsibility entails individual
because it responsibility
Principal Purposes of UN
attaches directly 1. Maintain international peace and
to the state and security;
not to its 2. Develop friendly relations among
nationals nations;
3. Achieve international
cooperation: and
Doctrine of incorporation – 4. Center for harmonizing actions
international law are adopted as part of of nations for attainment of
a state’s municipal law, by a general these common goals.
provision or clause usually in its
Constitution. (Sec. 2, Art. II, 1987 Qualifications for Membership:
Constitution) 1. must be state;
2. must be peace loving;
Doctrine of transformation – requires 3. must accept obligations of
the enactment by the legislative body of member-states contained in
such international law principles as are Charter; and
sought to be part of municipal law. 4. must be able and willing to carry
out such obligation.
II. SUBJECTS OF INTERNATIONAL
LAW: Principal Organs of UN:
- entity that has rights and 1. General Assembly – central
responsibilities under international organ where all members are
law and having capacity to maintain represented. Classification of
its rights by bringing international functions: deliberative,
claims, includes: supervisory, financial, elective,
constituent.
1. States, independent and dependent; 2. Security Council – organ
2. Colonies and dependencies; responsible for maintenance of
3. Mandates and trust territories; peace and security, undertake
4. The Vatican; preventive and enforcement
5. The United Nations; actions.
6. Belligerent Communities; 3. Economic and Social Council –
7. International administrative Bodies; exerts efforts towards higher
and standards of living, solutions of
8. Individuals, to a certain extent. international economic, social,
health and related problems,
Belligerent Community – group of universal respect for and
rebels under an organized civil observance of human rights
government who have taken up arms and fundamental freedoms.
against legitimate government.

Joy Zabala
4. Trusteeship Council – organ Principle of State Continuity – the
charged with administration of state continues as a juristic being
International Trusteeship notwithstanding changes in its
System (idle council); circumstances provided only that
5. International Court of Justice such change do not result in the loss
– judicial organ of UN; World of any of its essential elements
Court governed by Statute
which is annexed to and made III. RECOGNITION
part of UN charter;  act by which a state
 Jurisdiction: decide issues acknowledges existence of
referred to it (consensual). another state, government or
a. interpretation of belligerent community and
treaty; indicates its willingness to deal
b. question of with the entity as such under
international law; rules of international law.
c. existence of fact Theories:
constituting a breach 1. Declaratory – merely affirms an
of international existing fact like the possession by
obligation; the state of the essential elements.
d. nature or extent of the Discretionary and political;
reparation to be made 2. Constitutive - it is the act of
for the breach of an recognition that constitutes the
international entity into an international person.
obligation. Compulsory and legal; may be
6. Secretariat – chief compelled once the elements of a
administrative organ of UN. state are established.
State – a group of people, living together Objects:

in a fixed territory, organized for 1. State – generally held to be
political ends under an independent irrevocable and imports the
government and capable of entering recognition of its govt.
into international relations with other 2. Government – may be withdrawn
states and does not necessarily signify the
Creation of State: (RUSIA2) existence of a state, as the
1.by peaceful acquisition of government may be that of a mere
Independence (Philippines) ; colony.
2. by Revolution (USA); 3. Belligerent community – rebels are
3. by Unification of several accorded international personality
states (Italy); only in connection with the
4.by Secession (Bangladesh); hostilities they are waging.
5.by Agreement (Netherlands);
and Kinds:
6.by Attainment of civilization 1. express or implied; and
(Japan). 2. conditional or permanent
Extinction of State: ( MA2D2EP) Effects of Recognition of a State or

1. Overthrow of government Government:
resulting in anarchy; 1. Diplomatic relations;
2. Emigration en masse of its 2. Right to sue in courts of recognizing
population; state;
3. Annexation; 3. Right to possession of properties of
4. Merger or unification; predecessor on the reorganizing
5. Dismemberment; state.
6. Dissolution of federal union; 4. All acts of the recognized state or
7. Partial loss of independence government are validated
retroactively, preventing the
recognizing state from passing upon 1. Government is stable and effective;

their legality in its own courts. 2. No substantial resistance to its
authority;
Conditions for Recognition of 3. The government must show
Belligerency: willingness and ability to discharge
1. organized civil government; its international obligations; and
2. rebels occupy a substantial portion 4. The government must enjoy popular
of territory; consent or approval of the people.
3. conflict is serious and outcome is  absence of one – recognition de
uncertain; facto
4. rebels are willing to observe the laws
of war. RECOGNITION RECOGNITION
 absence of one – state of DE JURE DE FACTO
insurgency
1. Relatively 1. Provisional
Effects of Recognition of Belligerency: permanent (duration of
1. Responsibility for acts of rebels armed struggle)
resulting to injury to nationals of
recognizing state shall be shifted to
2. vests title to 2. does NOT vest
rebel government; properties of title to
2. The legitimate government government properties of
recognizing the rebels as belligerents abroad government
shall observe laws/customs of war in abroad
conducting hostilities;
3. Third states recognizing belligerency 3. brings about full 3. limited to
should maintain neutrality; diplomatic certain juridical
4. Recognition is only provisional and relations relations
only for purposes of hostilities.
Wilson/Tobar Doctrine – precludes IV. FUNDAMENTAL RIGHTS OF STATES

recognition of government established by (TILE2)
revolution, civil war, coup d’etat or 1. Existence and self-defense;
other forms of internal violence until the 2. Sovereignty and
freely elected representatives of people Independence;
have organized a constitutional 3. Equality;
government (Ecuadorian Foreign 4. Territorial Integrity and
Minister Tobar and US Pres. Woodrow jurisdiction;
Wilson) 5. Legation or diplomatic
intercourse
Stimson Doctrine – precludes recognition
of any government established as result A. RIGHT TO EXISTENCE AND SELF-
of external aggression (US Sec of State DEFENSE
Henry Lewis Stimson)  most comprehensive as all other
rights of state flow from it;
Estrada Doctrine – dealing or not dealing  state may take measures
with the government established through including use of force as may be
a political upheaval is not a judgment on necessary to counteract any
the legitimacy of the said government danger to its existence.
(Mexican Minister Genaro Estrada)
Aggression – use of armed force by a

Requisites for recognition de jure: state against sovereignty, territorial

Joy Zabala
integrity or political independence of between the riparian
another state or in other manner states, the boundary line
inconsistent with the UN charter. is laid on the middle of
the main navigable
Requisites for Proper Exercise of Right channel.
of Self-defense: (iB) Middle of the Bridge
1. armed attack; Doctrine – where there is
2. self-defensive action taken by a bridge over a boundary
attacked state must be reported river, the boundary line is
immediately to Security Council; and middle or center of the
3. such action shall not in any way bridge.
affect right of Security Council to (ii) bays and gulfs
take at any time action as it deems (iii) strait
necessary to maintain or restore b. Archipelagic waters
international peace and security.
ARCHIPELAGO DOCTRINE – The waters
B. RIGHT OF SOVEREIGNTY AND around, between and connecting the
INDEPENDENCE islands of the archipelago regardless of
their breadth and dimensions are to be
Sovereignty – totality of the powers, treated as internal waters
legal competence, and privileges arising Two kinds of archipelago:
from customary international law, and 1. coastal – situated close to a
not dependent on the consent of another mainland and may be
state considered a part thereof;
e.g. Loften Islands, Norway.
Independence – means freedom from 2. mid-ocean – situated in the
control by other state or group of states ocean at such distance from
and not freedom from the restrictions the coasts of firm land. e.g.
that are binding on all states forming the Indonesia.
family of nations; carries with it by c. Territorial sea
necessary implication the correlative d. Submarine area
duty of non-intervention
3. Aerial domain
C. RIGHT OF EQUALITY
 every state is entitled to same MODES OF LOSS
protection and respect as are ACQUIRING OF
available to other state under TERRITORY TERRITORY
rules of international law. 1. Discovery and 1. Dereliction
occupation
D. RIGHT TO TERRITORIAL INTEGRITY 2. Cession 2. Cession
AND JURISDICTION
3. Accretion 3. Conquest
Components of the Territory of A
4. Prescription 4. Erosion, or other
State: natural causes
1. Terrestrial – land mass on which the 5. Conquest and 5. Prescription
inhabitants live; subjugation
2. Maritime and Fluvial
a. internal or national waters –
bodies of water within the land Bases of Jurisdiction:
mass, among them are: 1. Territorial principle – vests
(i) rivers – which may be (a) jurisdiction in state where offense
national; (b) boundary; (c) was committed (Art. 14, NCC);
international 2. Nationality principle – vest
(iA) Thalweg Doctrine – for jurisdiction in state of offender (Art.
boundary rivers, in the 15, NCC, tax laws);
absence of an agreement
3. Protective principle – vest 6. Foreign armies passing through or

jurisdiction in state whose national stationed in the territory with the
interests is injured or national permission of the State;
security compromised 7. Warships and other public vessels of
(counterfeiting, treason, espionage); another State operated for non-
4. Passive personality principle – commercial purposes.
vests jurisdiction in state of
offended party. Rules on Jurisdiction Under the Visiting
5. Universality principle – vest Forces Agreement
jurisdiction in state which has 1. Exclusive jurisdiction over US
custody of offender of universal personnel
crimes (piracy, genocide); a. Offenses punishable under Phil
laws but not under US laws –
Genocide – acts committed with intent Philippine
to destroy, in whole and in part a b. Offenses punishable under US
national, ethnic, racial, or religious laws but not under Phil laws - US
group by: 2. Concurrent jurisdiction - Phil
1. killing members of the group; authorities shall have primary right
2. deliberately inflicting on group to exercise jurisdiction over all
conditions of life calculated to bring offenses committed by US personnel
about its physical destruction in except:
whole or in part; a. violations of US military laws;
3. imposing measures intended to b. Offenses punishable under US
prevent births within the group; laws but not under Phil laws;
4. causing serious bodily or mental c. Offenses solely against the
harm to members of the group; and property or security of the US or
5. forcibly transferring children of the against the property or person of
group to another . US personnel;
d. Offenses arising out of any act or
Five Air of Freedoms for Scheduled omission done in performance of
International Services: official duty.
1. freedom to fly across foreign *in a, b, c, & d above, the US
territory without landing; Military authorities have primary
2. freedom to land for non-traffic jurisdiction.
purposes; 3. The authorities of either government
3. freedom to put down traffic may request the authorities of the
originating in state of aircraft; other government to waive the
4. freedom to embark traffic destined primary right to exercise jurisdiction
for state of aircraft; and in a particular case.
5. freedom to embark traffic destined 4. Upon request by the US, Phil
for, or to put down traffic coming authorities may waive primary
from, third state. jurisdiction over offenses committed
by US personnel except cases of
Exemptions from Jurisdiction: particular importance to the
1. Doctrine of State Immunity; Philippines such as violations of the
2. Act of State Doctrine – court of one Heinous Crimes Act, Anti-Drugs Law,
state will not sit in judgment over Anti-Child Abuse Law.
acts of government of another state
done in its territory. Doctrine of Hot Pursuit
3. Diplomatic Immunity; Requisites:
4. Immunity of UN Specialized 1. Pursuit commence from internal
agencies, other International water, territorial sea or
Organizations, and its Officers; contiguous zone of pursuing
5. Foreign Merchant vessels exercising state;
the right of innocent passage; 2. Continuous and unabated;

Joy Zabala
3. Conducted by warship, military for favorable reception and full
aircraft, government ships credence.
authorized for the purpose;
4. Ceases as soon as the ship being Kinds of Consuls
pursued enters the territorial sea 1. consules missi – professional or
of its own, or of a third, state. career consuls who are nationals of
sending state and are required to
E. RIGHT OF LEGATION devote their full-time to discharge
 right of state to maintain their duties; and
diplomatic relations with other 2. consules electi – may or not be
states nationals of sending state and
 Governed by the Vienna perform consular functions only in
Convention on Diplomatic addition to their regular callings.
Relations (1961) Ranks:
1. consul-general – heads several
Active right of legation – send consular districts, or one
diplomatic representatives exceptionally large consular
Passive right of legation – district;
receive diplomatic 2. consul – takes charge of a small
representatives district or town or port;
3. vice-consul – assists the consul;
Agents of Diplomatic Intercourse: and
1. head of state; 4. consular agent – usually
2. foreign secretary of minister; or entrusted with the performance
3. members of diplomatic service. of certain functions by the
consul.
Functions of Diplomatic Missions:
1. representing sending state in Privileges and Immunities Accorded to
receiving state; Diplomatic Envoy: (PCLIST)
2. protecting in receiving state 1. Inviolability of premises and
interests of sending state and its archives;
nationals; 2. Right of official communications;
3. negotiating with government of 3. Exemption from local
receiving state; jurisdiction;
4. promoting friendly relations between 4. Personal inviolability;
sending and receiving states and 5. Exemption from subpoena; and
developing their economic, cultural 6. Exemption from taxation/custom
and scientific relations; duties.
5. ascertaining by all lawful means
conditions and developments in Exterritoriality – exception of persons
receiving state and reporting and property from local jurisdiction on
thereon to government of sending basis of international customs.
state; and
6. in some cases, representing friendly  If the acts giving rise to a suit
governments at their request. are those of a foreign
government done by its foreign
Agreation – process in appointment of agent, although not necessarily a
diplomatic envoy. Where states resort to diplomatic personage, but acting
an informal inquiry (enquiry) as to the in his official capacity, the
acceptability of a particular envoy, to complaint could be barred by the
which the receiving state responds with immunity of the foreign
an informal conformity (agreement). sovereign from suit without its
consent. (Municher vs. CA, G.R.
Letre de Creance(Letter of Credence) – No. 142396, February 11, 2003)
with the name, rank and general
character of his mission, and a request V. TREATY
- An international agreement
concluded between states in written Concordat – a treaty or agreement
form and governed by international law between ecclesiastical and civil powers
whether embodied in a single instrument to regulate the relations between the
or in two or more related instruments church and the state in those matters
(Vienna Convention on the Law of which, in some respect are under the
Treaties, 1969) jurisdiction of both.
Requisites: (SCRAD) Pacta Sunt Servanda – “Every treaty in

1. Entered into by parties having force is binding upon the parties to it
treaty-making capacity; and must be performed by them in good
2. Through their authorized organs faith.” (Art. 26, Vienna Convention on
or representatives; the Law of Treaties).
3. Without attendance of duress,
fraud, mistake or other vices of Rebus Sic Stantibus – legal principle
consent; which would justify non-performance of
4. Lawful subject matter and object; treaty obligations where an unforeseen
and or substantial changes occur which
5. Ratification in accordance with would render one of the parties thereto
their respective constitutional unable to undertake treaty obligations as
processes. stipulated therein.
Effect of Unwritten Treaty Most Favored Nation Clause – pledge

1. has legal force; made by a contracting party to a treaty
2. convention rules on matters to grant to other party treatment not
governed by international law less favorable than that which had been
independently of convention shall given or may be granted to the most
apply; and favored among parties.
3. convention rules apply to the
relations of states as between Interpretation of Treaties
themselves under international 1. Founding Father Test;
agreement with other subjects as 2. Literal or textual;
parties. 3. “Teleological aims and objects”
school
Steps in Treaty-making Process:
1. Negotiation; Termination of Treaty: (NEW DEVIL
2. Signature; (made) VITAL) ACCOMPLISHMENT
3. Ratification; 1. expiration of term;
4. Exchange of instruments of 2. accomplishment of purpose;
ratification; and 3. impossibility of performance;
5. Registration with UN. 4. loss of subject matter;
5. novation;
Doctrine of Unequal Treaties – treaties 6. desistance of parties;
which have been imposed in an unequal 7. extinction of one of parties, if treaty
character, are void. is bipartite;
8. occurrence of vital change of
Jus Cogens – customary international circumstance;
law that has attained the status of a 9. outbreak of war; and
peremptory norm, accepted and 10. voidance of treaty.
recognized by the international
community of states as a rule from which Protocol de cloture – an instrument
no derogation is permitted and can be which records the winding up of the
modified only by a subsequent norm proceedings of a diplomatic conference
having the same character. e.g customs and usually includes a reproduction of
out-lawing slave trade, genocide, the texts of treaties, conventions,
terrorism, etc. recommendations and other acts agreed

Joy Zabala
upon and signed by the plenipotentiaries had only one – either the nationality of
attending the conference. It is not the the country in which he is habitually and
treaty itself and does not require the principally resident or the nationality of
concurrence of the Senate. (Tañada v. the country with which in the
Angara, 272 SCRA 18). circumstances he appears to be in fact
most closely connected. (Frivaldo v.
Comelec, 174 SCRA 245)
TREATY EXECUTIVE Statelessness – condition or status of
AGREEMENT individual who is born without any
1. Basic political 1. adjustment of nationality or who loses his nationality
issues ; changes details carrying without retaining or acquiring another.
of national out established
policies national policies Treatment of Stateless Individual
permanent 2. temporary - international conventions provide that
international arrangements
stateless individuals are to be treated
agreements
more or less like the subjects of a
foreign state.
Validity of the Balikatan Exercises
Reintegration – recovery of nationality
- The VFA permits United States
by individuals who are natural born
personnel to engage, on an impermanent
citizens of a state, but who lost their
basis, in "activities," the exact meaning
nationality.
of which was left undefined. The
expression is ambiguous, permitting a
VII . TREATMENT OF ALIENS
wide scope of undertakings subject only
to the approval of the Philippine
government. After studied reflection, it  Flowing from its right to
appeared farfetched that the ambiguity existence and as an attribute of
surrounding the meaning of the word sovereignty, no State is under
"activities" arose from accident. In our obligation to admit aliens. The
view, it was deliberately made that way State can determine in what
to give both parties a certain leeway in cases and under what conditions
negotiation. In this manner, visiting US it may admit aliens
forces may sojourn in Philippine territory
for purposes other than military. Deportation – expulsion of an alien
As conceived, the joint exercises considered undesirable by local state,
may include training on new techniques usually but not necessarily to his own
of patrol and surveillance to protect the state.
nation's marine resources, sea search-
and-rescue operations to assist vessels in Reconduction -- forcible conveying of
distress, disaster relief operations, civic aliens back to their home state without
action projects such as the building of any formalities
schoolhouses, medical and humanitarian
missions, and the like (Lim vs. Honorable A. Doctrine of State Responsibility -
Executive Secretary, G.R. No. 151445, state may be held liable for injuries
April 11, 2002). and damages sustained by the alien
while in the territory of the state
VI . NATIONALITY AND provided:
STATELESSNESS 1. the act or omission constitutes
an international delinquency;
Doctrine of Effective Nationality 2. the act or omission is directly
– expressed in Art.5 of the Hague or indirectly imputable to the
Convention of 1930 on the Conflict of State; and
Nationality Laws that states that within 3. injury to the claimant State
a third State a person having more than indirectly because of damage to
one nationality shall be treated as if he its national.
Direct State Responsibility – where the Political Asylum - refuge in another

international delinquency was state for political offense, danger to life,
committed by superior government no assurance of due process.
officials or organs like the chief of state
or the national legislature, liability will C. Extradition
attach immediately as their acts may not - surrender of a fugitive by one state
be effectively prevented or reversed to another where he is wanted for
under the constitution or laws of the prosecution or, if already convicted, for
state. punishment. Surrender is made at
request of latter state on basis of
Indirect State Responsibility – where extradition treaty.
the offense is committed by inferior
government official or by private General Principles:
individuals, the state will be held liable 1. Based on consent expressed through
only if, by reason of its indifference in treaties
preventing or punishing it, it can be 2. SPECIALTY- a fugitive who is
considered to have connived in effect in extradited may be tried only for the
its commission. crime specified in the request for
extradition and included in the list
International Standard of Justice – the of offenses in the treaty.
standard of the reasonable state that is, 3. NON-LIST TYPE OF TREATY- offenses
as referring to the ordinary norms of punishable under the laws of both
official conduct observed in civilized states by imprisonment of one year
jurisdiction; thus, to constitute an or more are included among the
international delinquency, the treatment extraditable offenses.
of an alien should amount to an outrage, 4. Any person may be extradited; he
bad faith, willful neglect of duty, and need not be a citizen of the
insufficiency of governmental action that requesting State
every reasonable and impartial man 5. Political or religious offenders are
would readily recognize its insufficiency. generally not subject to extradition
Calvo Clause – provision frequently  Attentat Clause–

inserted in contracts where nationals of assassination of head of
another state renounce any claim upon state or any member of his
his national state for protection. family is not regarded as
 But such waiver can be legally political offense for purposes
made only by alien’s state. of extradition. Also for the
crime of genocide.
B. Refugees
Requisites: 6. offense must have been
1. Those who are outside the country of committed within the territory
his nationality or if stateless, outside or against the interest of the
the country of his habitual demanding State
residence; 7. double criminality -- act for
2. Lacks national protection; and which the extradition is sought
3. Fears persecution. must be punishable in both
States
Non-refoulement – prohibits a state to
return or expel refugee to the territory Procedure for Extradition (Judicial
where he escaped because his life or and diplomatic process of request
freedom is threatened. The state is and surrender) PD 1069
under obligation to grant temporary 1. Request through diplomatic
asylum. (Refugee Convention of 1951) representative with:
Diplomatic Asylum – refuge in a. decision of conviction;
diplomatic premises b. criminal charge and warrant
of arrest;

Joy Zabala
c. recital of facts; 6. appeal to CA within ten days
d. text of applicable law whose decision shall be final
designating the offense; and executory;
e. pertinent papers; 7. Decision forwarded to DFA
2. DFA forwards request to through the DOJ;
DOJ; 8. Individual placed at the
3. DOJ files petition for disposal of the authorities of
extradition with RTC; requesting state – costs and
4. Upon receipt of a petition for expenses to be shouldered
extradition and its supporting by requesting state.
documents, the judge must study
them and make, as soon as  A state may not compel another
possible, a prima facie finding state to extradite a criminal without
whether (a) they are sufficient in going through the legal processes
form and substance, (b) they provided in the laws of the former.
show compliance with the  Due process requirement
Extradition Treaty and Law, and complied at the RTC level upon
(c) the person sought is filing of petition for extradition.
extraditable. At his discretion, No need to notify the person
the judge may require the subject of the extradition
submission of further process when the application is
documentation or may personally still with the DFA or DOJ
examine the affiants and  Extradition is not a criminal
witnesses of the petitioner. If, proceeding which will call into
in spite of this study and operation all the rights of an
examination, no prima facie accused provided in the bill of
finding is possible, the petition rights
may be dismissed at the
 For the provisional arrest of an
discretion of the judge.
accused to continue, the formal
request for extradition is not
On the other hand, if the required to be filed in court – it
presence of a prima facie case is only needs to be received by the
determined, then the magistrate requested state in accordance
must immediately issue a with PD 1069
warrant for the arrest of the
extraditee, who is at the same Entitlement to Bail
time summoned to answer the As suggested by the use of the word
petition and to appear at “conviction,” the constitutional
scheduled summary hearings. provision on bail, as well as Section 4 of
Rule 114 of the Rules of Court, applies
 Prior to the issuance of the warrant, only when a person has been arrested
the judge must not inform or notify and detained for violation of Philippine
the potential extraditee of the criminal laws. It does not apply to
pendency of the petition, lest the extradition proceedings, because
latter be given the opportunity to extradition courts do not render
escape and frustrate the judgments of conviction or acquittal.
proceedings. The foregoing Exception: after a potential extraditee
procedure will “best serve the ends has been arrested or placed under the
of justice” in extradition cases; custody of the law, bail may be applied
(Government of the US vs. Hon. for and granted only upon a clear and
Purganan and Mark Jimenez G.R. No. convincing showing (1) that, once
G.R. No. 148571. September 24, granted bail, the applicant will not be a
2002) flight risk or a danger to the community;
5. hearing (provide counsel de and (2) that there exist special,
officio if necessary); humanitarian and compelling
circumstances including, as a matter of Drago Doctrine – intervention not

reciprocity, those cited by the highest allowed for purpose of making state pay
court in the requesting state when it its public debts.
grants provisional liberty in extradition
cases therein. (Government of the US vs. Retorsion – retaliation where acts
Hon. Purganan and Mark Jimenez G.R. complained of do not constitute legal
No. G.R. No. 148571. September 24, ground of offense but are rather in
2002) nature of unfriendly acts done in
pursuance of legitimate state interest
VIII . INTERNATIONAL DISPUTE but indirectly hurtful to other states.
 actual disagreement between states
regarding conduct to be taken by Reprisal – unlawful acts taken by one
one of them for protection or state in retaliation for also unlawful acts
vindication of interest of other. of another state, purpose being to bring
 Art. 33 of the UN Charter provides offending state to terms. Includes:
that the parties to any dispute shall 1. Display of force;
first seek a solution through pacific 2. Pacific blockade;
or amicable methods 3. Occupation of territory; and
4. Suspension of treaties;
Amicable Methods of Settling Disputes: 5. Embargo – detention by state
(JC MARGEN) seeking redress of vessels of
1. Negotiation offending state or its nationals,
2. Enquiry whether such vessels are found
3. Tender of Good offices in territory of former or in the
4. Mediation highseas.
5. Conciliation
6. Arbitration X. WAR
7. Judicial settlement; and  armed contention between
8. Resort to regional and international public forces of states or other
organizations. belligerent communities implying
employment of force between
Hostile methods: (SIR2) parties for purpose of imposing
1. Severance of dipomatic relations; their respective demands upon
2. Intervention; each other.
3. Reprisal;
4. Retorsion. Basic Principles of War:
1. Principle of Military necessity –
Intervention – act by which state belligerents may employ any amount
interferes with domestic or foreign and kind of force to compel
affairs of another state through the use complete submission of enemy with
of force or threat of force. least possible loss of lives, time and
money;
When Intervention is Sanctioned: 2. Principle of Humanity – prohibits
1. as an act of self-defense; use of any measure that is not
2. when decreed by the Security absolutely necessary for purposes of
Council as a preventive or war; and
enforcement action for the 3. Principle of Chivalry – basis of such
maintenance of international peace rules as those that require
and security; belligerents to give proper warning
3. when such action is agreed upon in a before launching a bombardment or
treaty; or prohibit use of perfidy (treachery) in
4. when requested from fellow states conduct of hostilities.
or from the United Nations by the
parties to a dispute or a state beset Participants in War:
by rebellion. 1. Combatants
a. non-privileged;

Joy Zabala
b. privileged. 2. conclusion of a negotiated treaty of
2. Spies; peace; and
3. Mercenaries. 3. defeat of one of belligerents.
Rights of a Prisoner of War:

1. To be treated humanely;
2. Not subject to torture;
3. Allowed to communicate with their X. NEUTRALITY
families;  condition of state that does not
4. Receive food, clothing, religious take part, directly or indirectly
articles, medicine; in war between other states.
5. bare minimum of information;
6. keep personal belongings
7. proper burial; Angary – belligerent may upon
8. group according to nationality; payment of just compensation,
9. establishment of an information
bureau; seize, use or destroy, in case of
10. repatriation for sick and wounded urgent necessity for purposes of
(1949 Geneva Convention) offense or defense neutral
Termination of War: property found in its territory, in
1. simple cessation of hostilities; enemy territory or on high seas.
NEUTRALITY NEUTRALIZATION
1. dependent on 1. result of treaty

attitude of wherein
neutral state, duration and
which is free to other conditions
join either of are agreed upon
belligerents any by neutralized
time it sees fit state and other
states
2. governed by laws 2. governed by

of nations neutralization
agreement
3. obtains only 3. intended to

during war operate in peace
and in war
4. only states may 4. applicable to

become neutral portion of state

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San Beda College of Law 1

MEMORY AID IN POLITICAL LAW

IN GENERAL application of its provisions by the courts

POLITICAL LAW COMMITTEE

Theory of Auto-Limitation - any Personal - authority over its

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

maintains itself against the will Requisites (Limitations):

Doctrine of Parens Patriae – Who may exercise: generally, the

FUNDAMENTAL Two stages:

POLITICAL LAW COMMITTEE

ii. there is practical destruction added the consequential

e. Non-imprisonment for non-

 Any doubt as to the applicability 4. effect of non-payment

POLITICAL LAW COMMITTEE

POLICE EMINENT TAXATION

When exercised by a 3. Taking;

4. Property Property is Property is

5. Compensa Compensati Compensatio

6. Contracts Contracts Contracts

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

Requisites of Valid Warrant:

4. right to have competent and 8. confessions/admissions obtained

Rights of Person Suspected and - Suspension of the writ of habeas

If born before the naturalization

Doctrine of Indelible Allegiance – an IV. REACQUISITION OF

RA 9225 also known as the "Citizenship Article V : SUFFRAGE

The People’s Participation in the Limitation on Local Legislative Body

Initiative – power of the people to Classes of Referendum:

Adjournment Sine Die – interval Composition:

3. Failure of the President to veto Article VII:

Effects of Proclamation of Martial Law Pardon – act of grace which exempts

6. PARDONING POWER 1. Political 1. Infraction of

Limitations: 3. Requires 3. does not require

Article VIII: II. APPOINTMENT TO THE JUDICIARY:

3. Electoral Tribunal for Presidential 8. Power of administrative supervision

In case of delay: 1. Civil Service Commission (CSC)

2. use and enjoyment of nation’s Stewardship Doctrine – Private property

 no amendment in this manner 2. Ratification

 That the Act does not  Submission of piece-meal

ADMINISTRATIVE LAW 2. Within the scope and purview of the

C. DETERMINATIVE POWERS Effect of Failure to Exhaust

I.PUBLIC OFFICE two senses:

3. Under color of a known election points of law to

DE JURE DE FACTO Legal Effects of Acts

POLITICAL LAW COMMITTEE

recommending authority or of the (3) 1. statutory liability under the Civil

POLITICAL LAW COMMITTEE

iii. those which threaten - R.A. 3019 makes it mandatory for

POLITICAL LAW COMMITTEE

8. abolition of office; f. Municipal Mayors and Vice

POLITICAL LAW COMMITTEE

I.SUFFRAGE Peter Sison v. COMELEC,

POLITICAL LAW COMMITTEE

II. POLITICAL PARTY Party System – a free and open party

shall be valid except for those third parties for partisan

POLITICAL LAW COMMITTEE

III. DISQUALIFICATION OF IV. FAIR ELECTIONS ACT OF 2001 (RA

Nuisance Candidate 2. 180 minutes 2. 90 minutes

3. Use of airtime for campaign of a substituted candidates shall be

Election Survey Issues which may be raised in a Pre-

Substituted and Substitute Candidate

POLITICAL LAW COMMITTEE

(1) Any person who gives, offers employment, public or private,