1 - Political and International Law - Green Notes PDF

DE LA SALLE UNIVERSITY COLLEGE OF LAW
Lasallian Commission on Bar Operations
POLITICAL AND INTERNATIONAL LAW

Green Notes 2019
Green Notes 2019 Political Law
CONSTITUTIONAL LAW 2.…….…….….…….…….………………..…….……. 41

Fundamental Powers of the State.…….…….……………………………….... 41
Police Power.…….…….…….…………………………….…….…….…….…………. 41
CONSTITUTIONAL LAW 1……….…….…….…….…….…....….….…….……… 3 Eminent Domain.…….…….…….…………………………...…….…….…….……. 42
Preliminary Provisions and Basic Concepts…………...….…….….…….... 3 Power of Taxation.…….…….…….…………………………...…….…….…….….. 47
National Territory…….…….…….…….…….…….………..………………..……….3 Rights Relating to Life, Liberty, and Property.………….…….…….…… 47
Declaration of Principles and State Policies………..………..……...……... 4 Procedural and Substantive Due Process.…….………………………….… 48
Separation of Powers…….…….…….…….…….………………..………...….……. 6 Void –for-Vagueness Doctrine.…….…….…….…………………………….… 49
Checks and Balances…….…….…….…….………….…………...….…..………….. 7 Hierarchy of Rights.…….…….…….…………………………...…….…….…….… 49
State Immunity…….…….…….…….…….……………………………….…….……… 7 Equal Protection.…….…….…….…..…….…….…….……………..…….…….….. 49
Legislative Department.…….…….…….……...….…….….…….…….……..…… 9 Requisites for Valid Classification.…….……………………….….…….……..50
Legislative Power.…….…….…….…………………..………………….………..…... 9 Rational Basis, Strict Scrutiny, and Intermediate
Scope and Limitations.…….…….…….…… .…………..…………...….…...….…. 9 Scrutiny Test.…….…….…….….…….…….…….…………………………….…….. 50
Principle of Non-Delegability;Exceptions…………………..….....…...…. 10 Searches and Seizures.…….…….…….…………...…….…….…….…..…….…. 50
Houses of Congress.…….…….…….………………….……….......……..….……. 11 Requisites for a Valid Warrant.…….…….…….………………………….……. 51
District Representatives.. .…….…….…….……… ………...…….…….………. 12 Warrantless Searches and Seizures.…….………………………….…….….. 53
Party-list System.…….…….…… .…….…….…….… …………...………….……. 12 Administrative Arrests…….…….…….…..…….………………………….….….. 54
Privileges, Inhibitions, and Disqualifications…………….…...........……. 13 Evidence Obtained Through Purely
Discipline of Members.…….…….…….………… ………...………………….…... 14 Mechanical Acts.……………………...…………….…….…..…….…….…….……. 55
Process of Law-making.…….… ………...……….….…….……......……………. 14 Privacy of Communications and Correspondence ………..…….…….. 56
Quorum and Voting Majorities.…… ………...……….…….……..….……….. 15 Private and Public Communications…….……………………….….…….…. 56
Appropriation and Realignment.…….…….……. ….…….……..…….……… 15 Intrusion, When Allowed; Exclusionary Rule…….………………………. 56
Legislative Inquiries and Oversight Functions………..……..….……….. 16 Freedom of Speech and Expression…….…….…….……….....…….…….… 57
Power of Impeachment.…….…….…….… ….…….……..…….……..…………. 16 Prior Restraint and Subsequent Punishment…………………………….. 58
Electoral Tribunals.…….…….…… .…… ….…….……..……..…….…..….…….. 17 Content-Based and Neutral Regulations…….………………………….….. 58
Commission on Appointments.…….…….… ….……….….…….…..……….. 17 Facial Challenges and the Overbreadth Doctrine………………..……. 59
Initiative and Referrendum.…….…….…….…….….…….….…….….……….. 18 Dangerous Tendency, Balancing of Interests, and
Executive Department.…….…….…….………...…….…….…..….….….……… 19 Clear and Present Danger Tests…….…….…….……………………………... 59
Qualifications, Election and Term of the State Regulation of Different Types of Mass Media……………………. 59
President and Vice President.…….…….………………………...……….…….. 19 Commercial Speech…….…….…….…..…….…….…………………………….… 60
Privileges, Inhibitions, and Disqualifications.………..………………….... 19 Unprotected Speech……………………………...…….…….…..…….…….……. 60
Powers of the President.…….…….…….……..…..…..……………………….… 20 Freedom of Religion..….…….…….…..…….…….…….…..……………….…….. 61
Rule of Succession.…….…….…….………………...…………………….………… 25 Non-Establishment and Free-Exercise Clauses………………………….61
Judicial Department…….…….…….………….…….…….……………….………. 27 Benevolent Neutrality and Conscientious
Judicial Power…….…….…….…….……………………….…….………..…..……… 27 Objectors…….…….…….…..…….…….…….…..……………...….... 61
Judicial Review.…….…….…….…………………………...…….………...…….…… 27 Lemon Test and Compelling State Interest……....……………………….. 61
Qualifications of Members of the Judiciary………………………………... 29 Liberty of Abode and Right to Travel…….…….…….…..…….……….…… 63
Workings of the Supreme Court.…….…….………………………..….……… 30 Scope and Limitations…….…….…….…..…….……………………………..…… 63
Constitutional Commissions.…….…….…….……………..…….…….…….… 32 Watch-List and Hold Departure Orders………………………..…………... 63
Common Provisions.…….…….…….……………………………......…….………. 32 Right to Information…….…….…….…..…….…….…………………..…….……. 64
Powers and Functions of the CSC, COMELEC, Right of Association…….…….…….…..…….…….……………….…..…….……. 66
and COA.…….…….…….…… .…….…….…….………………………………………. 32 Eminent Domain…….…….…….…..…….…….…….……………..…….….….…. 67
Prohibited Offices and Interests.…….…….…….……………………….…… 33 Concept of Public Use…….…….…….…..…………………………..….……..….. 67
Review of Final Orders, Resolutions, and Decisions………………….. 34 Just Compensation…….…….…….…..…….……..……,…………………………. 68
Citizenship.…….…….…….…… .…….…….…….………………..…….…….…….. 34 Expropriation by Local Government Units……..…………………………. 68
Who are Filipino Citizens.…….…….…….………………………..…………….. 34 Non-Impairment of Contracts…….…….…….…..…….…….…...………….. 69
Modes of Acquiring Citizenship.…….…….………………………..….………. 34 Free Access to Courts and Adequate Legal Assistance…………….… 69
Loss and Reacquisition of Citizenship.………………………….…….…….. 35 Custodial Investigation Rights…….…….…….…..…….…….……………….. 70
Dual Citizenship and Dual Allegiance.…………………………..…….……… 35 Rights of the Accused…….…….…….…..…….…….…….…..…….………….... 71
Foundlings.…….…….…….…… .…….…….…….…………………………………… 36 Criminal Due Process…….…….…….…..…….……………………………..……. 71
National Economy and Patrimony.…….……..………….………………….. 36 Presumption of Innocence…….…….…….…………………………..…….…… 72
Regalian Doctrine.…….…….…….……………………………...…….…….……… 36 Bail…….…….…….…..…….…….…….…..………………………………….…….…..… 72
Nationalist and Citizenship Requirement Right to be Heard…….…….…….…..…………………………..….……..…….…... 74
Provisions.…….…….…….…………......…….…….…………………..….………….. 36 Right to be Informed…….…….…….……………………………..….……...….…. 74
Exploration, Development, and Utilization Right to Speedy, Impartial, and Public Trial……………………………….. 75
of Natural Resources.…….…….…….…………………………………….…….….. 37 Right of Confrontation…….…….…….…..……………………………..…….….. 76
Franchises, Authority, and Certificates Trial in Absentia…….…….…….…..…….…….…………..…………………..…….. 76
for Public Utilities.…….…….…….……………………………...…….…….………. 37 Right to Speedy Disposition of Cases…….…….……..….……..……..….... 77
Acquisition, Ownership, and Transfer Right Against Self-Incrimination…….…….…….…..…………….…….……. 77
of Public and Private Lands.…….…….…………………..….……………….….. 37 Right Against Double Jeopardy…….…….…….…..……………...…….……… 79
Practice of Profession.…….…….…….…………...…….…………………...……. 38 Involuntary Servitude…….…….…….…..…….…….…….…………….…….…. 80
Organization and Regulation of Corporations, Right Against Excessive Fines, and
Private and Public.…….…….…….……………………...…….…………….……… 38 Cruel and Inhuman Punishments…….…….…….…..…….………..….……. 80
Social Justice and Human Rights.…….…….…….… .…….………..…..…… 38 Non-Imprisonment for Debts…….…….…….…..…….………...….…….…… 81
Concept.…….…….…….…..…….…….…….……………………………..…….…….. 38 Ex Post Facto Laws and Bills of Attainder…….…….…….………..……… 81
Economic, Social, and Cultural Rights.…….………………………….…….. 38 Ex Post Facto Laws…….…….…….…..……………………………..………….….. 81
Commission on Human Rights – Bill of Attainder…….…….…….…..…….……………………………….…….…..…. 81
Powers and Functions. .…………………..….…….….….………...…….…….…. 39 Writs of Habeas Corpus, Kalikasan, Data, and Amparo……..….……. 82
Education, Science, Technology, Arts, Culture, and Sports……….. 39 Writ of Habeas Corpus…….…….…….…..….………………………..………….. 82
Academic Freedom.…….…….…….………………………………….…….…….… 39 Writ of Kalikasan…….…….…….………………….…….…….…………………….. 82
The Family.…….…….…….……………...…….…….…….…..…….…….…….……. 39 Writ of Habeas Data…….…….…….…………..…………………..…….…….…… 83
Rights.…….…….…….……………………………...…….…….…….…..…….…….…. 39 Writ of Amparo…….…….…….…..………………..…….……………………..……. 83
Amendments or Revisions of the Constitution.…….……………….….. 39
Procedure to Amend or Revise the Constitution……………………….. 40
Lasallian Commission on Bar Operations 1

Green Notes 2019 Political Law
LAW ON PUBLIC OFFICERS…….…….…….…..…………….….…….…….….. 85 Autonomous Regions…….…….…….…..…………………………..……….…… 139

General Principles…….…….…….…..……….……………………………..……… 85 Local Government Units…….…….…….…………………………...……….…. 140
Modes of Acquiring Title to Public Office……………………………….….. 87
Kinds of Appointment…….…….…….…..…………………………….....…….…. 87 PUBLIC INTERNATIONAL LAW…….…….……………...…..……….…….… 152
Eligibility and Qualification Requirements………………………….…….. 90 Concepts…….…….…….…..……….…….…………………………….….…..……… 152
Disabilities and Inhibitions of Public Officers………………………..…… 93 Relationship between International Law
Rights and Liabilities of Public Officers. …….…….……………………..… 95 and National Law…….…….………..…...…..……………….…… 152
De Facto and De Jure Officers…….…….…….………………………….…… 100 Sources of Obligations in International Law……………………………... 153
Termination of Official Relations……….…………………………...…..….. 102 Subjects of International Law…….…….…….…………………………..……. 154
The Civil Service…….…….…….…..………………………………...…….……… 104 Jurisdiction of States…….…….…….…..……….…………………………..……. 157
Personnel Action…….…….…….…..……….…….…….………………………… 106 General Principles of Treaty Law…….…………………………...…….……. 158
Accountability of Public Officers…….…….…….…..……………………….. 107 Doctrine of State Responsibility…….…….…………………………….……. 160
Refugees…….…….…….…..……….…….………………………………...…..…….. 160
ADMINISTRATIVE LAW…….…….…….…..………………….…….…….…..… 116 Extradition…….…….…….…..……….…….…………………………….….…..….. 160
General Principles…….…….…….…..…………………………….….…….……. 116 Basic Principles of International
Powers of Administrative Agencies…….……………………….….…….…. 118 Human Rights Law. …….…….…….…..……….…………………………….…..…161
Doctrines of Primary Jurisdiction and Exhaustion Basic Principles of International
of Administrative Remedies…….……………………………..…….…..…….. 122 Humanitarian Law…….…….……………………………….…..……….…….…… 162
Law of the Sea…….…….…….…..……….…….…….……………………………… 164
ELECTION LAW…….…….…….…..……………..….……..…….…..……….…… 123 Basic Principles of International
Suffrage…….…….…….…..……….…….………………………………..……………. 123 Environmental Law…….…….……………………………..…..……….…….…… 165
Candidacy…….…….…….…..……….…….…….……………………………...……. 127
Remedies and Jurisdiction…….…….……………………………..…..……….. 130 ANNEX: How a Bill Becomes a Law………………………………………….... 167
LOCAL GOVERNMENTS…….…….……………….…..……….…….…….….… 137

Principles of Local Autonomy…….…….…………………………….…...…… 137

Green Notes 2019 Constitutional Law 1
The Archipelagic Doctrine

A body of water studded with islands, or the islands
surrounded with water, is viewed as a unity of islands and
waters together forming one integrated unit ((N.B.
Embodied in Art. II specifically by the mention of “Philippine
Archipelago” plus the specification on internal waters))
Straight baseline method

Consists of drawing straight lines connecting appropriate
points on the coast without departing to any appreciable
extent from the general direction of the coast, in order to
delineate the internal waters from the territorial waters of
an archipelago. ((Republic Act 9522; Amended R.A. No.
3046 entitled “An Act to Define the Baseliens of the
Territorial Sea of the Philippines))
Components of Territory
(1). The Philippine archipelago with all the islands and

waters embraced therein
 Internal waters - waters around, between,
and connecting the islands of the
archipelago, regardless of breadth and
dimension;
(2). All other territories over which the Philippines has

sovereignty or jurisdiction.
The Philippine Archipelago

The Philippine Archipelago is that body of water studded
with islands which is delineated in the Treaty of Paris of
December 10, 1988, as modified by the Treaty of
Washington of November 17, 1900 and the Treaty with
Great Britain of January 2, 1930.
Other territories over which the Philippines exercises

jurisdiction
Includes any territory which presently belongs or might in
the future belong to the Philippine through any of the
internationally accepted modes of acquiring territory.
 R.A. N0. 9522 specified that baselines of

Kalayaan Group of Islands, and Bajo de
Masinloc (Scarborough Shoal) shall be
determined as “Regime of Islands” under
the Republic of the Philippines, consistent
with the UNCLOS.
 R.A. No. 9522 is not unconstitutional. It is a
statutory tool to demarcate the maritime
zone and continental shelf of the
Philippines under UNCLOS III and does not
alter the national territory.The law does not
abandon the country’s claim to Sabah, as it
does not expressly repeal the entirety of
R.A. No. 5446 (Magallona v. Ermita, G.R. No.
187167, 16 July 2011)

Constitution form part of the laws of the land

even if they do not derive from treaty
obligations.
Doctrine of Transformation
(1). Sec. 2, Article II Requires that an international law be transformed into a
domestic law through a constitutional mechanism such as
Three parts: local legislation (Joaquin G. Bernas, S.J., Constitutional
(1) Renunciation of war - the power to wage a defensive Structure and Powers of Government (Notes and Cases) Part
war is of the very essence of sovereignty; I ( 2005))
 limited to only renouncing an aggressive war
because of its membership in the United (2).Civilian Supremacy Clause) – Sec. 3, Article II
Nations whose charter renounces war as an
instrument of national policies of its member Installation of the President as the highest civilian
states. authority, as the commander-in-chief of the AFP— an
external manifestation that civilian authority is supreme
(2) Adoption of the principles of international law; over the military. (Sec. 18, Art. VII, in relation to Sec. 3,
 nothing more than a formal acceptance of a Article II)
principle to which all civilized nations must
conform. Civilian authority is not defeated in a joint task force
between the PNP and Marines for the enforcement of law
(3) Adherence to a policy of peace, equality, justice, and order in metro Manila as long as control is left to the
freedom, cooperation & amity. PNP (IBP v. Zamora (2000))
 called the “selfish policy”—the guiding principle
of Philippine foreign policy is the national (3) Sec. 4, Article II
interest. However, this is tempered with
concern for “equality, peace, freedom and Posse Commitatus, defined
justice. It is the power of the state to require all able-bodied
citizens to perform civic duty to maintain peace and order.
Generally accepted principles of international law
Norms of general or customary international law which are The Supreme Court upheld the validity of the National
binding on all States. Defense Act in Lagman on the basis of the compulsory
military and civil service provision of the 1935
The classical formulation in international law sees Constitution. It said that: “The duty of the Government to
customary rules accepted as a binding result from the defend the State cannot be performed except through an
combination of: army. To leave the organization of an army to the will of
(1) State Practice - The established, widespread, and the citizens would be to make this duty to the Government
consistent practice on the part of States; and excusable should there be no sufficient men who volunteer
(2) Opinio Juris - A sense on behalf of the state that to enlist therein…the right of the Government to require
it is bound to the law in question (Poe- compulsory military service is a consequence of its duty to
Llamanzares v. COMELEC, G.R. No. 221697) defend the State and is reciprocal with its duty to defend
the life, liberty, and property of the citizen.” (People vs.
International law becomes part of the sphere of domestic Lagman, 66 Phil. 13,)
law either by incorporation or transformation:
(4) Sec. 5, Article II
Doctrine of Incorporation
Generally accepted principles of international law are Right to bear arms
made part of the law of the land either by express provision It is a statutory and not a constitutional right. The license
of the Constitution or by means of judicial declaration or to carry a firearm is neither a property nor a property
fiat. right. Neither does it create a vested right. Even if it were
 Applied whenever municipal tribunals or local a property right, it cannot be considered absolute as to be
courts are confronted with a conflict between placed beyond the reach of police power. The maintenance
a rule of international law and the provisions of of peace and order, and the protection of the people
the Constitution or statute of a State. against violence are constitutional duties of the State, and
(Pharmaceutical and Health Care Association of the right to bear firearm is to be construed in connection
the Philippines v. Duque III, G.R. No. 173034 and in harmony with these constitutional duties.( Chavez
(2007)) vs. Romulo, G.R. No. 157036, June 9, 2004)
 Efforts should first be exerted to harmonize
them so as to give effect to both. In case of Recognition of Hierarchy of Rights
conflict, municipal law shall prevail. a. Life
 However, rules of international law are given b. Liberty
equal standing with, and are not superior to, c. Property
national legislative enactments. (Philippine Blooming Mills Employees Organization v.
 Generally accepted principles of international Philippine Blooming Mills Co. Inc., 51 SCRA 189)
law via the incorporation clause of the

(5) Sec. 6, Article II rom a life of poverty, which can be attended to by welfare
institutions.
The State should not use its money and coercive power to
establish religion. It should not support a particular (12) Vital Role of the Youth in Nation Building – Sec.
religion. The State is prohibited from interfering with 13, Article II
purely ecclesiastical affairs. But it does not mean that
there is total or absolute separation. The better rule is (13) Equality of Women and Men – Sec. 14, Article II
symbiotic relations between the church and State.
, The policy of not accepting or considering as disqualified
Allowing religion to flourish is not contrary to the principle from work any woman worker who contracts marriage,
of separation of Church and State. In fact, these two runs afoul of the test of, and the right against,
principles are in perfect harmony with each other. x x To discrimination, which is guaranteed all women workers
successfully invoke compelling state interest, it must be under the Constitution. While a requirement that a woman
demonstrated that the masses in the QC Hall of Justice employee must remain unmarried may be justified as a
unduly disrupt the delivery of public services or affect the “bona fide occupational qualification” where the particular
judges and employees in the performance of their official requirements of the job would demand the same,
functions. (Re: Letter of Tony Q. Valenciano, Holding of discrimination against married women cannot be adopted
Religious Rituals at the Hall of Justice Building in Quezon by the employer as a general principle. (PT&T Co. vs. NLRC,
City, A.M. No. 10-4-19-SC, March 7, 2017) G.R. No. 118978, May 23, 1997)
(6) Independent Foreign Policy – Sec. 7, Article II Towards this end, the State shall exert efforts to address
violence committed against women and children in
(7) Policy of Freedom from Nuclear Weapons – Sec. keeping with the fundamental freedoms guaranteed under
8, Article II the Constitution and the provisions of the Universal
Declaration of Human Rights, the Convention on the
The ban is on nuclear arms - that is, the use and Elimination of All Forms of Discrimination Against Women,
stockpiling of nuclear weapons, devices, and parts thereof. Convention on the Rights of the Child and other
Includes: international human rights instruments of which the
 possessing, controlling and manufacturing nuclear Philippines is a party. (Garcia v. Drilon, 699 SCRA 352
weapons, (2013))
 nuclear test in our territory,
 use of our territory as dumping ground for radioactive (14) Right to Health – Sec. 15, Article II
waste.
(15) Right to a Balanced and Healthful Ecology – Sec.
However: provision not a ban on the peaceful uses of 16, Article II
nuclear energy. Nor is it a ban on all “nuclear-capable
vessels.” For a vessel to be banned, it is not enough that it The minors who filed an action for themselves as
is capable of carrying nuclear arms; it must actually carry representing “their generation as well as generations yet
nuclear arms. (The 1987 Constitution of the Republic of the unborn,” had a valid cause of action in questioning the
Philippines: A Commentary (2009), Bernas) grant of Timber Licensing Agreements (TLAs) for
commercial logging purposes on the ground of the right to
a balanced and healthful ecology and the correlative duty
(8) Just and Dynamic Social Order – Sec. 9, Article II to refrain from impairing the environment. This is based
on the concept of intergenerational responsibility.
(9) Social Justice – Sec. 10, Article II
Such a right considers the “rhythm and harmony of nature”
Social Justice which indispensably include, inter alia, the judicious
Equalization of economic, political and social disposition, utilization, management, renewal and
opportunities with special emphasis on duty of the state to conservation of the country’s forest, mineral, land, waters,
tilt balance of social forces by favoring the disadvantaged. fisheries, wildlife, offshore areas and other natural
resources to the end that their exploration, development,
(10) Personal Dignity and Human Rights – Sec. 11, and utilization be equitably accessible to the present as
Article II well as the future generations. (Oposa vs. Factoran, Jr., 224
SCRA 792).
(11) The Family as Basic Social Institution – Sec. 12,
Article II Sections 15 and 16, however, impose on the state a positive
duty to "promote and protect" the right to health and to
The declaration of family autonomy accepts that the family "promote and advance" the right of "the people to a
is anterior to the State and is not a creature of the State. It balanced and healthful ecology." With respect to health
protects the family from instrumentalization by the State. and ecology, therefore, the state is constitutionally
mandated to provide affirmative protection. The mandate
When necessary to save the life of the mother, the life of is in the nature of an active duty rather than a passive
the unborn may be sacrificed; but not when the purpose is prohibition. (International Service for the Acquisition of
merely to save the mother from emotion suffering, for Agri-Biotech Applications, Inc. v. Greenpeace Philippines
which other remedies must be sought, or to spare the child etc. al., G.R. Nos. 209271 etc., December 8, 2015)

Precautionary Principle
When there is a lack of full scientific certainty in
establishing a causal link between human activity and (18) Sec. 19, Article II
environmental effect, the court shall apply the Where the issue is on the signing of the Philippines on the
precautionary principle in resolving the case before it. WTO agreement, SC held that the Constitution does not
necessarily rule out the entry of foreign investments,
For purposes of evidence, the precautionary principle goods and services. It contemplates neither “economic
should be treated as a principle of last resort, where seclusion” nor “mendicancy in the international
application of the regular Rules of Evidence would cause in community”. (Tanada vs. Angara, 272 SCRA 18)
an inequitable result for the environmental plaintiff:
a. settings in which the risks of harm are  Aside from envisioning a trade policy based
uncertain; on “equality and reciprocity”, the
b. settings in which harm might be irreversible and fundamental law encourages industries that
what is lost is irreplaceable; and are “competitive in both domestic and
c. settings in which the harm that might result foreign markets,” thereby demonstrating a
would be serious. clear policy against a sheltered domestic
trade environment, but one in favor of the
 When features of uncertainty, possibility of gradual development of robust industries
irreversible harm, and possibility of serious that can compete with the best in the foreign
harm coincide, the case for the markets.
precautionary principle is strongest. When
in doubt, cases must be resolved in favor of (19) Sec. 25, Article II
the constitutional right to a balanced and
healthful ecology. Parenthetically, judicial Even as we recognize that the Constitution guarantees
adjudication is one of the strongest fora in autonomy to LGUs, the exercise of local autonomy remains
which the precautionary principle may find subject to the power of control by Congress and the
applicability (International Service for the power of general supervision by the President. xxx The
Acquisition of Agri-biotech Applications, President can only interfere in the affairs and activities of
INC., v. Greenpeace Philippines et al., G.R. No a LGU if he finds that the latter had acted contrary to law,
209271 (2015)) but not when the concerned LGU acts within the
parameters of the law and the Constitution. Any directive,
 The constitutional right of the people to a therefore, by the President or any of his alter egos seeking
balanced and healthful ecology shall be to alter the wisdom of a law-conforming judgment on local
given the benefit of the doubt. affairs of a LGU is a patent nullity, because it violates the
principle of local autonomy, as well as the doctrine of
(16) Sec. 17, Article II separation of powers of the executive and legislative
departments in governing municipal corporations. (Judge
While the SC has upheld the constitutional right of every Dadole vs. COA, G.R. No. 125350, December 3, 2002,)
citizen to select a profession or course of study subject to
fair, reasonable, and equitable admission and academic (20) Sec. 26, Article II
requirements, the exercise of this right may be regulated
pursuant to the police power of the State to safeguard
The SC said that this provision does not bestow a right to
health, morals, peace, education, order, safety and general
seek the Presidency; it does not contain a judicially
welfare. Thus, persons who desire to engage in the
enforceable constitutional right and merely specifies a
learned professions requiring scientific or technical
guideline for legislative action. The provision is not
knowledge may be required to take an examination as
intended to compel the State to enact positive measures
a prerequisite to engaging in their chosen careers. This
that would accommodate as many as possible into public
regulation assumes particular pertinence in the field of
office. The privilege may be subjected to limitations. One
medicine, in order to protect the public from the
such valid limitation is the provision of the Omnibus
potentially deadly effects of incompetence and ignorance.
Election Code on nuisance candidates. (Pamatong vs.
(PRC vs. De Guzman, G.R. No. 144681, June 21, 2004)
COMELEC, G.R. No. 161872, April 13, 2004)
(17) Sec. 19, Article II
the SC held that the Magna Carta for Disabled Persons Doctrine of Separation of Powers
mandates that qualified disabled persons be granted the In essence, separation of powers means the legislation
same terms and conditions of employment as qualified belongs to Congress, execution to the executive,
able- bodied employees; thus, once they have attained the settlement of legal controversies to the judiciary. Each is
status of regular workers, they should be accorded all the prevented from invading the domain of the others. But the
benefits granted by law, notwithstanding writer or verbal separation is not total. The system allows for “checks and
contracts to the contrary. This treatment is rooted not balances” the net effect of which being that, in general, no
merely in charity or accommodation, but in justice for all. one department is able to act without the cooperation of
(Bernardo vs. NLRC, G.R. No. 122917, July 12, 1999) at least one of the other departments.

 This principle operated as an implicit Exception: Even in the absence of express conferment,
limitation on legislative powers as on the two the exercise of the power may be justified under the
other powers. doctrine of necessary implication. The grant of express
power carried with it all other powers that may be
Purpose reasonably inferred from it.
To prevent concentration of powers in one department
and thereby to avoid tyranny. The purpose was not to Congressional oversight is not per se violative, but is
avoid friction, but to save the people from autocracy. integral, to separation of powers. However, for a post-
enactment congressional measure to be valid, it must be
(1) To secure action limited to:
(2) To forestall overaction
(3) To prevent despotism 1. Scrutiny – Congress’ power of appropriation, i.e.
(4) To obtain efficiency budget hearings, and power of confirmation
 Post-enactment measures which govern the 2. Investigation and monitoring of

areas of project identification, fund release implementation of laws- using its power to
and fund realignment are not related to conduct inquiries in aid of legislation (Abakada v.
functions of congressional oversight and, Purisima, G.R. No. 166715, August 14, 2008)
hence, allow legislators to intervene and/or
assume duties that properly belong to the Section 8(2) of RA No. 6770 is unconstitutional
sphere of budget execution. By virtue of the because it subjects the Deputy Ombudsman to discipline
foregoing, legislators have been, in one form and removal by the President. Such a law intrudes upon
or another, authorized to participate in the the constitutionally-granted independence of the Office of
various operational aspects of budgeting, the Ombudsman.. By so doing, the law directly collided not
including evaluation of work and financial only with the independence that the Constitution
plans for individual activities and regulation guarantees to the Office of the Ombudsman, but inevitably
and release of funds, in violation of the with the principle of checks and balances that the creation
separation of powers principle. (Belgica v. of an Ombudsman office seeks to revitalize. (Gonzales III v.
Ochoa, G.R. Nos. 208566 etc. (2013)) Office of the President (2014))
Principle of Blending of Powers The Court deems it a sound judicial policy not to
Instances when powers are not confined exclusively within interfere in the conduct of preliminary investigations, and
one department but are assigned to or shared by several to allow the Executive Department, through the
departments. (Philippine Political Law, Cruz) Department of Justice, exclusively to determine what
constitutes sufficient evidence to establish probable cause
for the prosecution of supposed offenders
Exception: Judicial review may be allowed where it is

This allows one department to resist encroachments upon clearly established that the public prosecutor committed
its prerogative or to rectify mistakes or excesses grave abuse of discretion, that is, when he has exercised
committed by the other departments. his discretion “in an arbitrary, capricious, whimsical or
despotic manner by reason of passion or personal hostility,
(1) Power of the President to veto any particular patent and gross enough as to amount to an evasion of a
item in an appropriation or tariff bill. (Article positive duty or virtual refusal to perform a duty enjoined
VI, Sec. 27 (2)) by law. (Ampatuan, Jr. v. De Lima 695 SCRA 159, (2013))
(2) Power of the president to grant reprieves, Justiciable question

commutations, pardons, and remit fines Implies a given right, legally demandable and enforceable,
except in impeachment cases. (Article VII, Sec. an act or omission violative of such right, and a remedy
19). granted and sanctioned by law for said breach of right.
(Casibang vs. Aquino, 92 SCRA 642)
(3) Power of the Judiciary to resolve cases
involving the constitutionality of a treaty,
international or executive agreement or law.
(Article VIII, Sec. 4 (2)) i. Rules
GR: The State cannot be sued.
Test in determining whether a given power has been
validly exercised by a particular department: Exception: The State consents to be sued.
The first and safest criterion to determine whether a given Exception to the Exception: The State/public
power has been validly exercised by a particular officer may be sued without prior consent:
department is whether or not the power has been (1). To compel him to do an act
constitutionally conferred upon the department claiming required by law;
its exercise—since the conferment is usually done
expressly. (2). To restrain him from enforcing an
act claimed to be unconstitutional

When a suit is against the State:

(3). To compel the payment of A suit is against the state regardless of who is named the
damages from an already appropriated defendant if:
assurance fund or to refund tax over- (1). It produces adverse consequences to the public
payments from a fund already available for the treasury in terms of disbursement of public
purpose; funds and loss of government property.
(2). It cannot prosper unless the State has given its
(4). To secure a judgment that the consent
officer impleaded may satisfy himself without
the State having to do a positive act to assist When a suit is not against the State:
him; A suit is not against the state when:
(1). The purpose is to compel an officer charged with
(5). Where the government itself has the duty of making payments pursuant to an
violated its own laws (Sanders v. Veridiano, 245 appropriation made by law in favor of the
Phil. 63 (1988)) plaintiff to make such payment, since the suit is
intended to compel performance of a ministerial
Manner by which consent is given: duty
(1). Express Consent (2). From the allegations in the complaint, it is clear
a. General law; that the respondent is a public officer sued in a
i. Money claims arising from private capacity;
contracts express or implied (3). The action is not in personam with the
(Act. No. 3083: An Act government as the named defendant, but an
Defining the Conditions action in rem that does not name the
under which the Government government in particular
may be Sued.)
ii. Torts State immunity may be invoked where it is established
(1). Liability of LGUs (Art. that the U.S. military vessel at the time of the incident was
2189 CC) performing a governmental function (Arigo v. Swift, 735
(2). Vicarious liability for SCRA 102 (2014))
special agents (Art.
2180(6), CC) iii. Specific Rules
b. Special law
Suits against Government Agencies
(1). Incorporated (has a separate charter) - If the
(2). Implied Consent charter provides that the agency can sue, then
a. When the State commences the suit will lie. The provision in the charter
litigation, it becomes vulnerable constitutes express consent. (SSS v. Court of
to a counterclaim; Appeals, 120 SCRA 707 (1983)
b. State enters into a business
contract in the exercise of its
(2). Unincorporated (no separate personality) - Suit
proprietary power;
will lie, because when the state engages in
c. When it would be inequitable for
principally proprietary functions, it descends to
the State to invoke immunity; and
the level of a private individual, and may,
d. When the state exercises the
therefore, be vulnerable to suit (Civil Aeronautics
power of eminent domain
Administration v. CA (1988)) State may only be
liable for proprietary acts (jure gestonis) and not
ii. Basis
for sovereign acts (jure imperii)
Constitutional Basis: Sec. 3, Art. XVI
International Law Basis: Scope of Consent

Par in parem non habet imperium. Suability depends on the consent of the state to be sued,
liability on the applicable law and the established facts. The
circumstance that a state is suable does not necessarily
Jurisprudential Basis:
mean that it is liable; on the other hand, it can never be
(1). Positivist Theory- (Royal Prerogative of
held liable if it does not first consent to be sued. Liability is
Dishonesty) There can be no legal right as
not conceded by the mere fact that the state has allowed
against the authority that makes the laws on
itself to be sued. When the state does waive its sovereign
which the right depends. (Department of immunity, it is only giving the plaintiff the chance to prove,
Agriculture v. NLRC, G.R. No. 104269, 11 November if it can, that the defendant is liable. (US v. Guinto (1990))
1993)
(2). Sociological Theory- If the State is amenable to

suits, all its time would be spent defending itself
from suits and this would prevent it from
performing its functions (Republic v. Hon. Villasor,
G. R. No. L-30671, November 28, 1973

LIMITATIONS ON LEGISLATIVE POWER
SUBSTANTIVE LIMITATIONS
EXPRESS LIMITATIONS
(1) Exercise of general powers of the state- Bill of

SCOPE Rights
(2) Limitations on the power of taxation
 Congress (3) Requisites to pass an appropriation bill
Legislative power is vested in the Congress (4) Limitation on the appellate jurisdiction of the
which shall consist of a Senate and a House SC
of Representatives. (5) No law granting title of royalty or nobility shall
be passed
Congress may delegate legislative powers to
the President in times of war or in other LIMITATIONS ON REVENUE, APPROPRIATIONS, AND
national emergency (Art. VI Sec. 23) TARIFF MEASURES
 Regional/Local Legislative Power GENERAL LIMITATIONS

A regional assembly exists for the ARMM (1) Appropriations must be for a public purpose
(2) The appropriation must be by law
 People’s Initiative on Statutes (3) Cannot appropriate public funds or property,
The power of initiative and referendum is directly or indirectly, in favor of
the power of the people to “propose and a. Any sect, church, denomination, or
enact laws or approve or reject any act or sectarian institution or system of
law or part thereof passed by the Congress religion or
or local legislative body.” (Art. VI, Sec. 32) b. Any priest, preacher, minister, or other
religious teacher or dignitary as such.
Note: This provision is not-self executing. Exception: If the religious teacher or
The executing Law is R.A. 6735 (Santiago v. dignitary is assigned to the Armed Forces,
COMELEC, 270 SCRA 106) any penal institution, government
orphanage or leprosarium
This is valid for laws, ordinances, and Note: Government is not prohibited from
resolutions, but NOT for amendmentst to appropriating money for a valid secular
the Constitution. purpose, even if it incidentally benefits a
NON-LEGISLATIVE POWERS religion
 Informing function SPECIFIC LIMITATIONS

Conduct of Legislative Inquiries is intended to
benefit not only Congress but citizenry who are  Congress may not increase the appropriations
equally concerned with the proceedings (Sabio recommended by the President for the operation
v. Gordon (2006)) of the Government specified by the President for
 Canvass presidential election the operation of the Government as specified in
 Declare the existence of state of war the budget
- The Congress, by a vote of 2/3 of both  Form, content and manner of preparation of the
houses in joint session assembled, voting budget shall be prescribed by law.
separately, shall have the sole power to  No provision or enactment shall be embraced in
declare the existence of a state of war the general appropriations bill unless it relates
 Exercise delegation of emergency powers; specifically to some particular appropriation
 Call special election for President and VP; therein.
 Give concurrence to treaties and amnesties;  Procedure in approving appropriations for the
 Propose constitutional amendments congress shall strictly follow the procedure for
(constituent power); approving appropriations for other departments
 Confirm certain appointments; and agencies.
 Decide the disability of President because  No law shall be passed authorizing any transfer
majority of the Cabinet disputes his of appropriations.
assertion that he is able to discharge his Exception: the following may, by law, be
duties; authorized to augment any item in the
 Revoke or extend proclamation of general appropriations law for their
suspension of privilege of writ of habeas respective offices from savings in other
corpus or declaration of martial law; items of their respective appropriations
 Set the rules regarding the utilization of a. President
natural resources. b. Senate President
c. Speaker of the House
d. Chief Justice

e. Chairs of Constitutional Commissions WHEN POCKET VETO OCCURS
FOR SPECIAL APPROPRIATION BILLS a. The President fails to act on the bill;
b. The reason he does not return the bill to the
(1) Shall specify the purpose for which it is intended Congress is that Congress is not in session.
(2) Shall be supported by funds
a. Actually available as certified by the PRESIDENTIAL VETO
National Treasurer; or
b. To be raised by corresponding 1. General veto of the President
revenue proposal therein 2. Item/Line veto of the President
LIMITATIONS ON THE USE OF PUBLIC FUND General rule: Selective/partial veto

is not allowed. The President may
(1) No money shall be paid out of the National not veto a provision of the bill without
Treasury vetoing the whole/entire bill itself.
Except: In pursuance of an appropriation
made by law. Exception: Item/Line veto
(2) However, this rule does not prohibit continuing
appropriations Item—Refers to the
e.g. for debt servicing, for the reason that this particulars, the details, the
rules does not require yearly or annual distinct and severable parts
appropriation of the bill. It is an indivisible
sum of money dedicated to
LIMITATIONS ON THE POWER OF TAXATION a stated purpose.
(1). Power to tax should be exercised only for a public Allowed in:
purpose. i. Appropriation
(2). Taxes to be imposed must be uniform and ii. Revenue
equitable. iii. Tariff Bills
a. Power to tax must operate with the
same force and effect in every place Exceptions to the exception
where the subject of it is found.
b. Classification for the purpose of 1.DOCTRINE OF INAPPROPRIATE PROVISIONS
taxation is not prohibited per se, but it A provision that is constitutionally inappropriate
must comply with the Test of Valid for an appropriation bill may be singled out for
Classification veto even if it is not an appropriation or revenue
item.
CONSTITUTIONAL TAX EXEMPTIONS
2. EXECUTIVE IMPOUNDMENT
(1) Religious, charitable, educational institutions Refusal of the President to spend funds already
and their properties allocated by Congress for specific purpose. It is
(2) All revenues and assets of non-stock, non-profit the failure to spend or obligate budget authority
educational institutions are exempt from taxes of any type. This power is derived from Section
and duties provided that such revenues and 38 of the Administrative Code of 1987 on
assets are actually, directly and exclusively used suspension.
for educational purposes (Art. XIV, Sec. 4(3))
(3) Grants, endowments, donations or contributions 3. LEGISLATIVE VETO
used actually, directly and exclusively for A congressional veto is a means whereby the
educational purposes shall be exempt from tax, legislature can block or modify administrative
subject to conditions prescribed by law (Art. XIV, action taken under a statute. It is a form of
Sec. 4(4)) legislative control in the implementation of
particular executive action. The form may either
PRESIDENTIAL VETO AND CONGRESSIONAL be: a. Negative - subjecting the executive action
OVERRIDE to disapproval by Congress; or b. Affirmative -
requiring approval of the executive action by
PRESIDENT’S OPTIONS Congress
(1) Sign and the bill becomes a law.

(2) Vetoes the bill, it does not become a law.
 Congress can override by 2/3 votes of all
its Members
(3) Inaction - the bill automatically becomes a law
within 30 days upon receipt of the bill from
Congress. Principle: Delegata potestas non potest delegari
What has been delegated can no longer be delegated

election from the:

General rule: Only Congress, acting as a bicameral labor, peasant, urban
body, and the people, through the process of initiative poor, indigenous
and referendum, may constitutionally wield cultural communities,
legislative power and no other (Belgica v. Ochoa) women, youth and
other sectors provided
Exceptions: by law except religious
(a) Delegated legislative power to local sector.
governments
(b) Constitutionally-grafted exceptions, such as the
authority of the President to, by law, exercise ii. Qualifications
powers necessary and proper to carry out a
declared national policy in times of war or other Senate House of Representatives
national emergency, or fix within specified Qualifications: Qualifications:
limits, and subject to such limitations and a. Natural-born a. Natural-born
restrictions as Congress may impose, tariff rates, citizen citizen of
import and export quotas, tonnage and wharfage of the the
dues, and other duties or imposts within the Philippines; b. Philippines;
framework of the national development program b. At least thirty-five c. At least 25 years of age
of the Government (35) years of age on on the day of the
(c) Subordinate legislation – administrative the day of the election;
regulations, confined to details for regulating the election; d. Able to read and write;
mode or proceeding to carry into effect the law c. Able to read and e. Registered voter in
as it has been enacted (Belgica v. Ochoa) write; the district in which
d. Registered voter; he shall be elected
e. e. Resident except the party-list
of representatives;
the f. Resident of the district
Philippines for not for a period of not less
i. Composition less than 2 years than 1 year
immediately immediately preceding
Senate House of Representatives preceding the day the day of the election
(Art. VI, Secs. 2-4) (Art. VI, Sec. 5-8) of the election.
Composition: Twenty- Composition: not more than Additional requirements for
four, elected at large by two hundred fifty members, party-list representatives:
qualified voters of the unless otherwise provided
Philippines, as may be by law, consisting of: g. A bona fide member of
provided by law. the party or
a. District organization which he
Representatives – seeks to represent for
elected from legislative at least ninety (90)
districts apportioned days preceding the day
among the provinces, of the election
cities and the
Metropolitan Manila  If Congress cannot require a candidate for
area (Sec. 5(1), Article senator to meet such additional qualification, the
VI) COMELEC, to be sure, is also without such
power. (Social Justice Society v. Dangerous
b. Party-List Drugs Board, G.R. No. 157870)
Representatives –
constitutes 20% of the  Repatriation results in the recovery of the
total number of original nationality. This means that a
representatives elected naturalized Filipino who lost his citizenship will
through a party-list be restored to his prior status as a naturalized
system of registered Filipino citizen. On the other hand, if he was
national, regional and originally a natural-born citizen before he lost
sectoral parties or his Philippine citizenship, he will be restored to
organization. his former status as a natural-born Filipino.
(Bengzon III v. HRET (2001))
c. Sectoral
Representatives – ½ of The term "residence" as used in the election law is
the seat allocated to synonymous with "domicile" which imports not only
party-list intention to reside in a fixed place but also personal
representatives shall be presence in that place, coupled with conduct indicative
filled, as provided by of such intention (Nuval vs. Guray, 52 Phil., 645).
law, by selection of

In order to acquire a domicile by choice, there must

concur (1) residence or bodily presence in the new Legislative apportionment is defined by Black's Law
locality, (2) an intention to remain there, and (3) an Dictionary as the determination of the number of
intention to abandon the old domicile. In other words, representatives which a State, county or other subdivision
there must be an animus non revertendi and an animus may send to a legislative body. It is the allocation of seats
manendi. The purpose to remain in or at the domicile of in a legislative body in proportion to the population; the
choice must be for an indefinite period of time. (Gallego drawing of voting district lines so as to equalize population
v. Verra, 1941) and voting power among the districts. Reapportionment,
on the other hand, is the realignment or change in
Finally, petitioner's submission that it would be legally legislative districts brought about by changes in
impossible to impose the one year residency population and mandated by the constitutional
requirement in a newly created political district is requirement of equality of representation. (Bagabuyo v.
specious and lacks basis in logic. A new political district COMELEC)
is not created out of thin air. It is carved out from part of
a real and existing geographic area, in this case the old Gerrymandering
Municipality of Makati. That people actually lived or The formation of a legislative district out of separate
were domiciled in the area encompassed by the new territories so as to favor a particular candidate or party
Second District cannot be denied. Modern-day (Bernas, pg. 625)
carpetbaggers cannot be allowed take advantage of the
creation of new political districts by suddenly
transplanting themselves in such new districts,
prejudicing their genuine residents in the process of
taking advantage of existing conditions in these areas Party-list
(Aquino v. COMELEC) Registered, regional and sectoral parties or organizations
aims to democratize political power by encouraging
growth of a multi-party system while at the same time
giving power to those who traditionally do not win in the
elections.
Rules on Apportionment of Legislative Districts Atong Paglaum Guidelines:

(1) Apportionment of legislative districts must be
through a law: 1. Three different groups may participate in the party-list
i. General Appropriation Law; system: (1) national parties or organizations, (2) regional
ii. Special Laws (i.e. laws that create parties or organizations, and (3) sectoral parties or
new provinces) organizations.
(2) Proportional representation based on number of 2. National parties or organizations and regional parties or
inhabitants organizations do not need to organize along sectoral lines
i. Each city with a population of at least and do not need to represent any “marginalized and
250,000 shall have at least 1 underrepresented” sector.
representative 3. Political parties can participate in party-list elections
ii. Each province, irrespective of the provided:
number of inhabitants, shall have at
least 1 representative (a) they register under the party-list system, and
(3) Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent (b) do not field candidates in legislative district
territory. elections.
(4) Re-apportionment by Congress within 3 years i. A political party, whether major or not, that
after the return of each census fields candidates in legislative district
elections can participate in partylist
 The use by the subject provision of a comma to elections only through its sectoral wing
separate the phrase "each city with a population
of at least two hundred fifty thousand" from the ii. The sectoral wing is by itself an
phrase "or each province" point to no other independent sectoral party, and is linked to a
conclusion than that the 250,000 minimum political party through a coalition.
population is only required for a city, but not for
a province. (Aquino III and Robredo v. COMELEC) 4. Purely Sectoral parties or organizations may either be
(a) “marginalized and underrepresented” or (b) lacking in
 For Congress to delegate validly the power to “well-defined political constituencies.”
create a province or city, it must also validly 5. A majority of the members of sectoral parties or
delegate at the same time the power to create a organizations” must (a) belong to the “marginalized and
legislative district. The threshold issue then is, underrepresented” sector they represent, or (b) must have
can Congress validly delegate to the ARMM a track record of advocacy for their respective sectors. The
Regional Assembly the power to create nominees of national and regional parties or organizations
legislative districts for the House of must be bona-fide members of such parties or
Representatives? The answer is in the negative. organizations.
(Sema v. COMELEC)

6. National, regional, and sectoral parties or organizations Section 10, Article VI—The salaries of Senators and
shall not be disqualified if some of their nominees are Members of the House of Representatives shall be
disqualified, provided that they have at least one nominee determined by law. No increase in said compensation shall
who remains qualified. take effect until after the expiration of the full term of all
Rationale: “The framers intended the sectoral parties to the Members of the Senate and the House of
constitute a part, but not the entirety, of the party-list Representatives approving such increase.
system… In fact, the framers voted down, 19-22, a proposal
to reserve the party-list system exclusively to sectoral
parties.” ii. Privileges (Sec. 11, Art. VI)
“There can be no doubt whatsoever that the framers of the Freedom from Arrest.
1987 Constitution expressly rejected the proposal to make Reinforced by Art. 145, Revised Penal Code. When a
the party-list system exclusively for sectoral parties only, crime committed by a member is punishable of not
and that they clearly intended the party-list system to more than six years imprisonment, representative
include both sectoral and non-sectoral parties,” (G.R. No. may be privileged from arrest while the Congress is
203766, April 3, 2013) in regular session.
Disqualified Parties: iii. Parliamentary Privilege of Speech

(1) Religious Sects No member shall be questioned nor be held liable in any
(2) Foreign Organizations other place for any speech or debate in the Congress or
(3) Advocating Violence or Unlawful Means any committee thereof.
(4) Receiving support from any foreign government,
foreign political party, foundation, organization,  Protection is only against forums other than
whether directly or through any of its officers or the Congress, it does not protect the
members or indirectly through third parties for assemblyman against disciplinary authority
partisan election purposes of Congress.
(5) Violates or fails to comply with laws, rules, or
regulations relating to elections  It is an absolute protection against suits for
(6) Declares untruthful statements in its petition Libel.
(7) Ceased to exist for at least 1 year; or
(8) Fails to participate in the last two preceding  This refers to utterances made by
elections or fails to obtain at least 2 per centum Congressmen in the performance of their
of the votes cast under the party-list system in official functions, such as speeches
the two preceding elections for the constituency delivered, statements made, or votes cast in
in which it has registered the halls of Congress, while the same is in
Parameters of the party-list system session, as well as bills introduced in
(1) 20% allocation: 20% of the total number of the Congress, whether the same is in session or
membership of the House is the maximum not, and other acts performed by
number of seats available to party-list Congressmen, either in Congress or outside
organizations the premises housing its offices, in the
(2) 2% threshold: To guarantee a one seat, a party- official discharge of their duties as members
list organization needs to garner 2% of the total of Congress and of Congressional
votes cast. Committees duly authorized to perform its
(3) Additional Seats: The additional seats, which functions as such, at the time of the
refers to the remaining seats after the allocation performance of the acts in question (Jimenez
of the guaranteed seats, shall be distributed to v. Cabangbang (1966))
the party-list organizations including those that
received less than two percent of the total votes iv. Disqualifications (Sec. 13, Art. VI)
Rationale: The continued operation of the 2%
thresholds is unconstitutional because this a. Incompatible Office (Art. VI, Sec. 13)
mathematically and physically prevents the No Senator or member of the House of
filling up of the available seats Representatives may hold any other office or
(4) 3-Seat Cap: Intended to prevent any party from employment in the Government, or any
dominating the party-list system. The subdivision, agency, or instrumentality thereof,
Constitution does not require absolute including government-owned or controlled
proportionality for the party-list system. corporations or their subsidiaries, during his
term without forfeiting his seat.
 Purpose is to prevent him from owing

loyalty to another branch of the
government, to the detriment of the
independence of the legislature and the
doctrine of separation of powers.
i. Salaries

 Prohibition is not absolute, what is not

allowed is the simultaneous holding of
that office and the seat in the Congress. A
legislator may hold another office or Each house may punish its members for disorderly
employment in the government provided behavior and, with concurrence of 2/3 of all its members,
he forfeits his position in the Congress. suspend (for not more than 60 days) or expel a member.
 Forfeiture of the legislator’s seat, or The interpretation of disorderly behavior - prerogative of

cessation of his tenure, shall be automatic the House concerned and cannot be judicially reviewed.
upon holding of the incompatible office. (Sec. 16(3), Art. VI)
(Adaza v. Pacana, G.R. No. L-68159)
 , The determination of the acts which constitutes
b. Forbidden Office (Art. VI, Sec. 13) disorderly behavior is within the full
No Senator or member of the House of discretionary authority of the House concerned
Representatives shall be appointed to any (Osmeña vs. Pendatun, 109 Phil 863)
office, which may have been created, or the
emoluments thereof increased during the term  The suspension contemplated in the
for which he was elected. Constitution is different from the suspension
prescribed in the Anti-Graft and Corrupt
 Even if the member of the Congress is Practices Act (RA 3019). The former is punitive in
willing to forfeit his seat therein, he may nature, while the latter is preventive. (Defensor-
not be appointed to any office in the Santiago v. Sandiganbayan, G.R. No. 118364,
government that has been created or the August 10, 1995,)
emoluments thereof have been increased
during his term. However, after such
term, and even if the legislator is Removal
reelected, the disqualification no longer
applies and he may therefore be Senate House of Representatives
appointed to the office. EXPULSION by the EXPULSION by the House
Senate with the with the concurrence of
 Purpose is to prevent trafficking in public concurrence of two- two-thirds (2/3) of all its
office. thirds (2/3) of all its members (Sec. 16, par. 3,
 Provision does not apply to elective members (Section 16, Art. VI)
offices. par. 3, Article VI)
v. Other Inhibitions
(Note: Process can be found in the Annex)
c. Conflict of Interest
BICAMERAL CONFERENCE COMMITTEE
All members of the Senate and the HOR
Bills are passed:
shall, upon assumption of office, make a full
(1) Jointly- in a joint session; required by the
disclosure of their financial and business
Constitution in special cases
interests. They shall notify the House
(2) Separately- each house takes up the bill on
concerned of a potential conflict of interest that
their own
may arise from the filing of a proposed
BICAMERAL CONFERENCE COMMITTEE
legislation of which they are author. (Art. VI,
The mechanism for compromising differences
Sec. 12)
between the Senate and the House—capable of
producing unexpected results—bill will have to be
 Cannot appear as counsel before any sent back to both houses and subject to voting
court or before the Electoral
Tribunals, quasi-judicial or other
ENROLLED BILL DOCTRINE
administrative bodies (see Cruz p. 237)
It is one duly introduced and finally passed by both
houses, authenticated by the proper officer of each,
 Shall not, directly or indirectly, be and approved by the President. It is conclusive upon
financially interested in any contract the courts as regards the tenor of the measure
with, franchise or special privilege
passed by Congress and approved by the President.
granted by the government (see De
Leon p. 250)
Once the bill becomes an enrolled bill, it is conclusive
upon the court of its due enactment. Courts may no
 Shall not intervene in any matter longer validly inquire into the bill because of the
before any office in government for his doctrine of separation of powers.
pecuniary benefit or where he may be
called upon to act on account of his
(1) One-subject, One-Title Rule
office.

Every bill passed by the Congress shall embrace a. Overriding Presidential Veto (2/3 of both
only one subject which shall be expressed in the Houses, voting separately)
title. b. Grant of Tax exemptions (majority)
c. Electing President in case of a tie (majority,
(N.B. This is to eliminate rider clauses: those not voting separately)
embraced within the title) d. Confirming appointment of VP (majority,
voting separately)
(2) No bill passed by either house shall become law e. Revoking or extending Martial Law or the
unless it has passed three readings on separate suspension of the writ of habeas corpus
days (majority, voting jointly)
f. Submitting question calling a Constitutional
On the first reading, the title and the bill number Convention to the electorate (majority)
are read. g. Call for Constitutional Convention (2/3
vote)
On the second reading, periods of sponsorship, h. Propose Amendments to the Constitution
debates, amendments, and voting on the (3/4 vote)
amendments, take place.
(2) Other Special Cases
a. Determining President’s disability (2/3 of
On the third reading, the title and the bill
both Houses, voting separately)
number are the only things read and voting on
b. Declaring a State of War (2/3 of both
the entirety of the bill takes place.
Houses, voting separately)
(3) Printed copies in its final form must have been
distributed to its members 3 days before the
passage of the bill.
Exception: President certifies to the
necessity of its immediate enactment to
meet a public calamity or emergency.
(4) All appropriation, revenue or tariff bills, bills

GENERAL LIMITATIONS
authorizing increase of the public debt, bills of
local application, and private bills, shall originate
1. Appropriations must be for a public purpose
exclusively in the House of Representatives, but
2. The appropriation must be by law
the Senate may propose or concur with
3. Cannot appropriate public funds or property,
amendments
directly or indirectly, in favor of
a. Any sect, church, denomination, or
Presidential certification dispenses with the (1) printing
sectarian institution or system of religion
requirement; and (2) requiring the submission of the
or
proposed bill to three readings on separate days
b. Any priest, preacher, minister, or other
religious teacher or dignitary as such.
Exception: If the religious teacher or

dignitary is assigned to the Armed Forces,
i. Quorum any penal institution, government
Majority of each House shall constitute a quorum, although orphanage or leprosarium
a smaller number may adjourn from day to day and may
compel the attendance of absent members. In computing Note: Government is not prohibited from
a quorum, only those within the House’s coercive appropriating money for a valid secular
jurisdiction are included. purpose, even if it incidentally benefits a
religion
“Majority” refers to the number of members within the
jurisdiction of the Congress. There is a difference between SPECIFIC LIMITATIONS
a majority of “all the members of the House” and a majority
of “the House” (Avelino v. Cuenco (1949))  Congress may not increase the appropriations
recommended by the President for the operation
ii. Voting Majorities of the Government specified by the President for
the operation of the Government as specified in
Doctrine of Shifting Majority the budget
For each House of Congress to pass a bill, only the votes of  Form, content and manner of preparation of the
the majority of those present in the session, there being a budget shall be prescribed by law.
quorum, is required.  No provision or enactment shall be embraced in
the general appropriations bill unless it relates
Exceptions: specifically to some particular appropriation
(1) Votes where requirement is based on “ALL THE therein.
MEMBERS OF CONGRESS”

 Procedure in approving appropriations for the prevented by the President from appearing
congress shall strictly follow the procedure for by virtue of the Presidential Communications
approving appropriations for other departments Privilege (Neri v. Senate Blue Ribbon
and agencies. Committee, G.R. No. 180643)
 No law shall be passed authorizing any transfer  Military officers may be prevented by the
of appropriations. President in the exercise of his or her
Exception: the following may, by law, be Commander-In-Chief powers (Gudani v.
authorized to augment any item in the Senga, G.R. No. 170165)
general appropriations law for their  People are merely called as resource persons
respective offices from savings in other and cannot be criminally liable
items of their respective appropriations
a. President It must be in accordance with duly published rules
b. Senate President and procedure of the House concerned
c. Speaker of the House  Intended to satisfy basic requirement for due
d. Chief Justice process
e. Chairs of Constitutional Commissions  Publication is constitutionally mandated
whether or not the rules have undergone any
FOR SPECIAL APPROPRIATION BILLS amendments or revisions (Garcillano v.
House of Representatives, G.R. No. 170338)
(3) Shall specify the purpose for which it is intended
(4) Shall be supported by funds The right of persons appearing in or affected
a. Actually available as certified by the by such inquiries shall be respected.
National Treasurer; or
b. To be raised by corresponding Remedy: invoke the Right against Self
revenue proposal therein Incrimination
LIMITATIONS ON THE USE OF PUBLIC FUND QUESTION HOUR
(3) No money shall be paid out of the National Section 21 Section 22

Treasury (Legislative (Question Hour)
Except: In pursuance of an appropriation Investigation)
made by law. 1. Any Person may 1. Only department
(4) However, this rule does not prohibit continuing appear heads may appear
appropriations 2. Committee 2. The entire body
e.g. for debt servicing, for the reason that this conducts the will conduct the
rules does not require yearly or annual investigation investigation
appropriation 3. The subject matter 3. Subject matters
is any matter for the are matters related
purpose of to the department
legislation only
4. Appearance is 4. Appearance is
mandatory discretionary
Power to conduct inquiries in aid of
legislation/ Investigatory Power - not
absolute; subject to judicial review in view
of the expanded power of the court to
determine whether there has been grave
abuse of discretion amounting to lack or Filing by (a) any member of the HOR or (b) any
excess of jurisdiction. citizen upon endorsement by a member of the
HOR; followed by referral to the proper HOR
LIMITATIONS Committee
a. Committee Report by the HOR
The inquiry must be in aid of legislation Committee on Justice, which
 Department heads (alter ego of the either favourably or unfavourably
president), chairmen and members of PCGG resolves the complaint
are not exempt from summons; only the b. 1/3 of all members of the House
President and the Supreme Court Justices votes by resolution to affirm or
are so exempt overridde, if unfavourable
 Should be related to re-examination of any
law connected to proposed law or for future  VERIFIED COMPLAINT OR RESOLUTION
legislation Filed by 1/3 of all the members of the
 Department heads may appear with HOR. Thereafter, Senate Trial will
permission from the President in deference proceed
to separation of powers
 Close advisers to the President may be  TRIAL

Senate has sole power to try and seats of each chambers respective electoral tribunal.
decide all cases of impeachment. (Pimentel v. HRET)
o Court power of judicial review Jurisdiction

extends over justiciable issues Sole judge of all contests relating to the election,
arising from the impeachment returns, and qualifications of their respective members.
proceedings (Francisco v. House of
Representatives (2003)) Since party-list nominees are elected members of the
House of Representatives no less than the district
o A question whether the Senate representatives are, the HRET has jurisdiction to hear
Impeachment Rules were followed and pass upon their qualifications.
is a political question (Corona v.
Senate (2012))
Acquisition of Jurisdiction
NON-EXCLUSIVITY OF IMPEACHMENT PROCEEDINGS (1) There is an election contest
TO REMOVE IMPEACHABLE OFFICERS (2) Only after the proclamation of the Candidate
Quo warranto is now available as an alternative remedy to
remove an impeachable officer. For impeachment In the absence of election contest, and before
proceedings, the grounds are impeachable offenses while proclamation, jurisdiction remains with
for quo warranto, the basis would be the invalidity of a COMELEC. (Lazatin v. COMELEC (1988))
public officer’s appointment into office. (Republic of the
Philippines v. Sereno, G.R. No. 237428) NOTE: Ongsiako-Reyes v. COMELEC (G.R. No.
207264, June 25, 2013) The Electoral Tribunal
acquires jurisdiction only after (1) a petition is
filed before it, and (2) a candidate is already
considered a member of the house. To be
Senate House of Representatives considered a member, in turn, there must be a
Nature concurrence of the following: (1) a valid
Senate Electoral House of Representative proclamation; (2) a proper oath (a) before the
Tribunal (SET) Electoral Tribunal (HRET) Speaker and (b) in open session; and (3)
 Composed of  composed of nine assumption of office.
three (3) (9) members: 3
Supreme Court Supreme Court Once a proclamation has been made,
Justices and six Justices and six COMELEC’s jurisdiction is already lost and
(6) Senators (6) members of HRET’s own jurisdiction begins. This only applies
 to act as sole the Congress in the context of a candidate who has not only
judge of all (Section 17, Art. been proclaimed and sworn in, but has also
contest relating VI) assumed office.
to election
returns and Independence
qualifications of To be able to exercise exclusive jurisdiction, the House
their respective Electoral Tribunal must be independent. Its jurisdiction to
members. hear and decide congressional election contests is not to
Composition Rules be shared by it with the Legislature nor with the courts.
 The Electoral  Members chosen (Bondoc v. Pineda)
Tribunals shall be enjoy security of
constituted tenure and
within 30 days cannot be
after the Senate removed by mere i. Composition
and the House change of party a. Senate President as Ex Officio Chairman
shall have been affiliation. b. 12 Senators
organized with (Bondoc v. c. 12 Congressmen
the election of the Pineda, 201 SCRA
 Election is based on proportional
President and the 793)
representation from the political parties and
Speaker
party-list representatives
Selection  It is NOT mandatory to elect 12 Senators to the

The Constitution explicitly confers on the Senate and Commission before it can discharge its
on the House the authority to elect among their functions. What the Constitution requires is at
members those who would fill the 12 seats for Senators least a majority of the membership (Guingona v.
and 12 seats for House members in the Commission on Gonzales (1992))
Appointments. Under Section 17, Article VI of the  Acts as a Legislative check on the appointing
Constitution, each chamber of Congress exercises the authority of the President
power to choose, within constitutionally defined limits,
 The CA shall be constituted within 30 days after
who among their members would occupy the allotted 6
the Senate and the House of Representatives

shall have been organized with the election of Indirect Initiative

the President and the Speaker The exercise of initiative by the people through a
 The CA shall act on appointments within 30 proposition sent to Congress or the local legislative
session days from their submission to Congress body for action. (Sec. 3b, supra)
 The power to approve or disapprove
appointments is conferred on the CA as a body REFERENDUM
and not on the individual members. (Pacete v. The power of the electorate to approve or reject legislation
Secretary (1971)) through an election called for that purpose (Sec. 3c, supra)
Meetings Classes of Referendum

 CA shall meet only while Congress is in (1) Referendum on statutes - petition to approve
session. or reject an act or law, or part thereof, passed
 Meetings are held either at the call of the by Congress;
Chairman, or by a majority of all its (2) Referendum on local laws – legal process
members whereby the registered voters of the LGUs may
approve, amend, or reject any ordinance
Jurisdiction enacted by the Sanggunian (Sec. 126, LGC)
CA shall confirm the appointments by the Limitations on Referendum
President with respect to the following positions: The following cannot be the subject of an initiative or
a. Heads of Executive Departments referendum petition:
Exception: Vice President (1) No petition embracing more than one subject
b. Ambassadors, other public ministers or shall be submitted to the electorate;
consuls; (2) Statutes involving emergency measures, the
c. Officers of the AFP from the rank of Colonel enactment of which is specifically vested in
or Naval Captain Congress by the Constitution, cannot be subject
d. Other officers whose appointments are to referendum until 90 days after effectivity
vested in him by the Constitution (e.g. (Sec. 10, RA 6735)
members of the constitutional
commissions)
Congress cannot require that the appointment

of a person to an office created shall be subject
to CA confirmation.
Ad-interim appointments
Appointments extended while Congress is not in
session, shall only be effective until:
a. disapproval by the CA; or
b. next adjournment of Congress.
INITIATIVE
(1) Local initiative; voter requirements
Autonomous regions, not less than 2000
registered voters; 1,000 for provinces; 100 for
municipalities; 50 for barangays.
Venue for filing

Regional Assembly or local legislative body. (Sec. 13,
RA 6735)
Limitations
Cannot be exercised more than once a year; extends
only to subjects or matters which are within the legal
powers of the local legislative bodies to enact; and if
at any time before the initiative is held, the local
legislative body should adopt in toto the proposition
presented, the initiative shall be cancelled (supra. Sec
15)

unratified by the Philippines, are generally accepted

principles of international law.
Requisites for a new domicile: There are three requisites to

acquire a new domicile:
(1) Residence or bodily presence in a new locality;
(2) An intention to remain there; and
PRESIDENT VICE PRESIDENT (3) An intention to abandon the old domicile.
QUALIFICATIONS To successfully effect a change of domicile, one must

(1) Natural born citizen; demonstrate an actual removal or an actual change of
(2) Registered voter; domicile; bona fide intentions of abandoning the former
(3) Able to read and write; place of residence and establishing a new one and definite
(4) At least 40 years of age on the day of election; acts which correspond with the purpose. In other words,
and there must basically be animus manendi coupled with
(5) Resident of the Philippines for at least 10 animus non revertendi.
years immediately preceding the election  Purpose to remain in or at the domicile of choice
must be for an indefinite period of time;
TERM OF OFFICE: Six (6) years  Change of residence must be voluntary; and
 Residence at the place chosen for the new
DISQUALIFICATIONS domicile must be actual.
(1) Not eligible for any (3) Shall not serve for
re-election; more than two (2)
(2) No person who has consecutive terms As a rule, this Court may only adjudicate actual, ongoing
succeeded as controversies. The Court is not empowered to decide
President and has moot questions or abstract propositions, or to declare
served as such for principles or rules of law which cannot affect the result as
more than 4 years to the thing in issue in the case before it. In other words,
shall be qualified for when a case is moot, it becomes non-justiciable.
election to the
same office at any An action is considered moot when it no longer presents a
time. justiciable controversy because the issues involved have
become academic or dead or when the matter in dispute
CANVASSING BOARD has already been resolved and hence, one is not entitled to
Congress (Senate and House of Representatives); in judicial intervention unless the issue is likely to be raised
case of tie, Congress by majority vote shall select. again between the parties. There is nothing for the court
to resolve as the determination thereof has been overtaken
ELECTORAL TRIBUNAL by subsequent events. (Pormento v. Estrada, 629 SCRA 530
Supreme Court (en banc) (2010).
REMOVAL
Impeachment and quo warranto (Republic of the PET is a constitutionally created body and has a distinct
Philippines v. Sereno, G.R. No. 237428) mandate from the Supreme Court but it is not separate
from the judicial department. (Macalintal v. Presidential
The tribunals which have jurisdiction over the question of Electoral Tribunal, 635 SCRA 783 (2010) 651 SCRA 239 (2011)
the qualifications of the President, the Vice-President,
Senators and the Members of the House of
Representatives were made clear by the Constitution.
(Poe-Llamanzares v. Commission on Elections, – SCRA –
(G.R. Nos. 221697, etc., 8 March 2016, and, 5 April 2016)
General Disqualifications
On the issue of being a natural-born Filipino: There is a
disputable presumption that things have happened 1. One who has been declared incompetent or
according to the ordinary course of nature and the insane by competent authority;
ordinary habits of life. The common thread of the UDHR, 2. One who has been sentenced by final judgment
UNCRC and the ICCPR is to obligate the Philippines to for:
grant nationality from birth and ensure that no child is  Subversion
stateless. This grant of nationality must be at the time of  Insurrection
birth, and it cannot be accomplished by the application of  Rebellion
our present naturalization laws, Commonwealth Act No.  Any offense for which he has been
473, as amended, and R.A. No. 9139, both of which require sentenced to a penalty of not more than 18
the applicant to be at least eighteen (18) years old. months; or any crime involving moral
turpitude,
The principles found in two conventions, while yet Exception: If given plenary pardon or granted amnesty
(Section 12, BP 881—Omnibus Election Code)

Requisites for validity of claim of privilege

Privileges a. Quintessential and non-delegable presidential
power
(1) Official Residence – Malacanang (for the President The power subject of the legislative inquiry must be
only) expressly granted by the Constitution to the President
(2) Salary shall be determined by law. Shall not be b. Operational Proximity Test
decreased during tenure. No increase shall take effect It must be authored, solicited, and received by the close
until the expiration of the incumbent term advisor of the President or the President himself. The
advisor must be in “operational proximity” with the
(3) Immunity from Suit president, that is, being proximate to the President not
 Rationale: to assure that the exercise of only by reason of function but also by reason of position in
presidential duties and functions is free from any the organizational structure.
hindrance or distraction. However, there is
nothing in our laws that prevent the President c. No adequate need
from waiving his right. The privilege may be overcome by a showing of adequate
 Chief Executive cannot invoke immunity from need such that the information sought “likely contains
suit from civil damages after his tenure. important evidence” and by the unavailability of the
 Validity of his acts can be tested by an action information elsewhere by an appropriate investing
against other executive officials authority.
 Immunity is co-extensive with tenure and covers
only official duties 3. PROHIBITIONS AND INHIBITIONS
But this privilege of immunity from suit, pertains to the a. Shall not receive any other emolument from the
President by virtue of the office and may be invoked only government or any other source;
by the holder of the office; not by any other person in the b. Shall not hold any other office or employment
President's behalf. Thus, an accused in a criminal case in unless otherwise provided in the Constitution
which the President is complainant cannot raise the c. i.e. ex-officio member – this is provided by law
presidential privilege as a defense to prevent the case from and they are not given additional compensation
proceeding against such accused. (Soliven v. Makasiar, 167 for this. (National Amnesty Commission v. COA,
SCRA 393) G.R. No. 156982 (2004))
d. Shall not practice any other profession;
(4) No need for Commission on Appointment for e. Shall not participate in any business;
Cabinet post (Vice-president) f. Shall not be financially interested in any contract
with, or in any franchise, or special privilege
(5) Executive privilege granted by the Government, including GOCCs;
 Right of the President and high-level executive g. Shall avoid conflict of interest in conduct of
branch officials to withhold information from office;
Congress, the courts and ultimately, the public. h. Shall avoid nepotism.
 Topics within the scope of privilege (Section 2(a)
EO 464)
(a) Conversation and correspondence between
president and the public official covered by
the executive privilege
(b) Military, diplomatic and other national
security matters which in the interest of It is the legal and political functions of the President
national security should not be divulged involving the exercise of discretion. It is vested in the
(c) information between inter-government President of the Philippines. It is the power to enforce and
agencies prior to the conclusion of treaties administer laws.
and executive agreements
(d) discussion in close door cabinet meetings Power of Administrative Reorganization
(e) matters affecting national security and The President, subject to the policy of the Executive Office
public order and in order to achieve simplicity, economy and efficiency,
2 KINDS OF EXECUTIVE PRIVILEGE shall have the continuing authority to reorganize the
administrative structure of the Office of the President.
a. Presidential Communications Privilege (Sec. 31, Book III, E.O. 292)
Communications are presumptively privileged; president
must be given freedom to explore alternatives in policy- Faithful Execution Clause
making The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the
laws be faithfully executed.
b. Deliberative Process Privilege (Executive
Officials)
Materials that comprise part of a process by which
governmental decisions and policies are formulated.
Appointment

Is the selection, by the authority vested with the power, of (3) The presidential power of appointment may also
an individual who is to exercise the functions of a given be limited by Congress through its power to
office. (Cruz, Phil. Political Law, 1989 ed., p. 178) prescribe qualifications for public office.
Appointing power is executive in nature. It is vested in the (4) The judiciary may annul an appointment made
President. The power carries with it the power to remove by the President if the appointee is not qualified
except in some cases like Justices of the Supreme Court, or has not been validly confirmed by the
the President appoints them but he cannot remove them. Commission on Appointments.
They can only be removed through impeachment and quo
warranto (Republic of the Philippines v. Sereno, G.R. No. (5) Midnight Appointments
237428).
Classifications
Congress cannot appoint a specific person into a public (a) Permanent – those extended to persons possessing
office. The appointing power is the exclusive prerogative the requisite eligibility and are thus protected by the
of the President, upon which no limitations may be constitutional guarantee of security of tenure.
imposed by Congress, except those resulting from the (b) Temporary - those given to persons without such
need of securing the concurrence of the Commission on eligibility, revocable at will and without necessity of
Appointments and from the exercise of the limited just cause or a valid investigation, made on
legislative power to prescribe the qualifications to a given the understanding that the appointing power has not
appointive office. (See: Manalang v. Quitoriano, G.R. No. L- yet decided on a permanent appointee and that the
6898 (1954)) temporary appointee may be replaced at any time a
permanent choice is made.
Designation (c) Regular - Appointment by the President when
Simply means imposition of additional duties on a person Congress is in session. It takes effect only after
already in the public service. confirmation by the CA, and once approved,
continues until the end of the term of the appointee.
When a person is merely designated and not appointed, (d) Ad Interim - Appointment by the President when
the implication is that he shall hold office in a temporary Congress is not in session.
capacity and may be replaced at will of the appointing
authority. In this sense, a designation is considered only an
acting or temporary appointment which does not confer ELEMENTS OF A VALID APPOINTMENT
security of tenure on the person named. (Binamira vs.
Garrucho, 188 SCRA 154) (1) Authority to appoint and evidence of the exercise of
the authority;
(2) Transmittal of the appointment paper and evidence
PROCEDURE FOR APPOINTMENTS: of the transmittal (Preferably through the Malacañang
Records Office)
(1) Nomination by the President;
(3) Vacancy of the position at the time of appointment;
(2) Confirmation by the Commission on Appointments; and
(3) Issuance of commission; and
(4) Receipt of the appointment paper and acceptance of
(4) Acceptance by appointee.
the appointment by the appointee who possesses all
Deemed complete upon acceptance. Pending such
the qualifications and none of the disqualifications.
acceptance, which is optional to the appointee, the
appointment may still be validly withdrawn. Appointment
to a public office cannot be forced upon citizen except for
purposes of defense of the State under Section 4, Article II
of the Constitution, as an exception to the rule against Not all appointments made by the President need CA
involuntary servitude. confirmation. Only those enumerated in paragraph 1 of
Section 16, Article VII need confirmation of the
Limitations on Appointing Power: Commission on Appointments. (Sarmiento v. Mison, 156
SCRA 549)
(1) Prohibition against nepotism - The spouse and
relatives by consanguinity or affinity within the Officers to be appointed by the President that require the
4th civil degree of the President shall not during confirmation of Commission on Appointments: (the list is
his tenure be appointed as Members of the exclusive)
Constitutional Commissions, or the Office of a. Heads of the executive department
bureaus or offices, including government-owned Except: Vice-President—may be appointed as a Member of
or controlled corporations and their the Cabinet. Such appointment requires no confirmation.
subsidiaries. (Section 3, Article VII)
b. Ambassadors, other public ministers and
(2) Appointments extended by an Acting President consuls
shall remain effective unless revoked by the c. Officers of the armed forces from the rank of
elected President within 90 days from his colonel or naval captain
assumption of office. d. Other officers whose appointments are
vested in him in the Constitution. Example:
JBC, Constitutional Commissions

e. All other officers of the government whose (4) receipt of the appointment paper and acceptance of the
appointments are not otherwise provided by appointment by the appointee who possesses all the
law qualifications and none of the disqualifications. (Velicaria-
f. Those whom he may be authorized by law to Garafil v. Office of the President, G.R. No. 203372, 16 June
appoint. 2015):
 The concurrence of all these elements should always
Instances when confirmation is not required apply, regardless of when the appointment is made,
 When the President appoints other government whether outside, just before, or during the
officers whose appointments are not otherwise appointment ban. These steps in the appointment
provided by law; process should always concur and operate as a single
 Those officers whom he may be authorized by process. There is no valid appointment if the process
law to appoint (e.g. Chairman and members of lacks even one step.
the Commission on Human Rights)
 When Congress creates inferior offices but omits Ad-interim Appointments
to provide for appointment thereto, or provides An appointment made by the President when Congress is
in an unconstitutional manner for such not in session
appointments
 When the Vice-President is appointed as  Takes effect immediately but ceases to be
member of the Cabinet valid if disapproved by the CA or upon the
 Appointments under the recommendation of the next adjournment of Congress. It is deemed
Judicial and Bar Council (Members of the by-passed through inaction.
Supreme Court, Ombudsman and Deputies)  Intended to prevent interruptions in vital
 Appointments solely by the President government services that would otherwise
result from the prolonged vacancies in
By-passed appointment government offices.
An appointment which is not confirmed by the CA upon  It is a permanent appointment because it
adjournment of Congress. takes effect immediately and can no longer
be withdrawn by the President once the
The SC held that an ad interim appointment that is by- appointee has qualified into office.
passed by the Commission on Appointments because of  The fact that it is subject to confirmation
lack of time or failure of the latter to organize is another by the Commission on Appointments do
matter. There is no final decision by the Commission on not alter its permanent character. The
Appointments to give or withhold its consent to the Constitution itself makes an ad interim
appointment as required by the Constitution. Absent such appointment permanent in character by
decision, the President is free to renew the ad interim making it effective until disapproved by the
appointment of a by- passed appointee. This is CA or until the next adjournment of
recognized in Section 17 of the Rules of the Commission Congress.
on Appointments. Hence, under the Rules, a by-passed
appointment can be considered again if the President Ad Interim Regular
renews the appointment (Matibag vs. Benipayo, 380 SCRA (1) Takes effect (1) Does not take effect
49) immediately immediately
(2) Appointee assumes (2) Appointee assumes
office immediately and office only after
later on the confirmation by the
Midnight Appointments appointment should CA
Two months immediately before the next presidential be confirmed by the (3) Made when
elections and up to the end of his term, a President or CA Congress is in
Acting President shall not make appointments (Section 15, (3) Made while Congress session
Article VII) is not in session
Exception: temporary appointments to executive
positions when continued vacancies therein will prejudice Appointment in acting
Ad Interim
public service or endanger public safety. capacity
(1) Congress not in (1) Made any time
The prohibition against midnight appointments applies session when there is
only to positions in the executive department. (De Castro (2) Requires confirmation vacancy, whether
v. JBC, G.R. No. 191002, Mar. 17, 2010) of CA or not Congress is
(3) Permanent in nature in session
The following elements should always concur in the (4) Appointee enjoys (2) Does not require CA
making of a valid (which should be understood as both security of tenure confirmation
complete and effective) appointment: (3) Temporary in
(1) authority to appoint and evidence of the exercise of the nature; no security
authority; of tenure
(2) transmittal of the appointment paper and evidence of
the transmittal; An ad interim appointment means a permanent
(3) a vacant position at the time of appointment; and appointment made by the President in the meantime that

Congress is in recess. It does not mean a temporary undisputed jurisdiction to affirm, modify, or even reverse
appointment that can be withdrawn or revoked at any any order" (Lacson-Magallanes Co. Inc. v. Paño, (1967))
time. An ad interim appointee who has qualified and
assumed office becomes at that moment a government Applying the doctrine of qualified political agency, the
employee and therefore part of the civil service. Once an power of the President to reorganize the National
appointee has qualified, he acquires a legal right to the Government may validly be delegated to his cabinet
office which is protected not only by statute but also by members exercising control over a particular executive
the Constitution. He can only be removed for cause, department. (DENR v. DENR Region XII Employees, G.R.
after notice and hearing, consistent with the No. 149724)
requirements of due process.
Manalang-Demigillo v. Trade and Investment Development
Corporation of the Philippines (TIDCORP), 692 SCRA 359,
G.R. No. 168613 March 5, 2013: The doctrine of qualified
political agency could not be extended to the acts of the
General Rule: This power is implied from the power to Board of Directors of TIDCORP despite some of its
appoint. members being themselves the appointees of the
President to the Cabinet.
Exceptions: Those appointed by him where the
Constitution prescribes certain methods for separation
from public services.
The President shall have control and supervision over
Examples: President, VP, Members of the Constitutional executive departments, bureaus and its offices. (Sec. 17,
Commissions, Justices of the SC and the Ombudsman - Art. VII)
may be removed through impeachment (Art. XI, Sec. 2) and
quo warranto (Republic of the Philippines v. Sereno, G.R. The Preident’s power to conduct investigations to aid him
No. 237428) in ensuring the faithful execution of laws – in this case,
fundamental laws on public accountability and
President may be removed in the case of inability to transparency – is inherent in the President’s powers as the
discharge official functions. Chief Executive. That the authority of the President to
- There must be a written declaration from conduct investigations and to create bodies to execute this
the President transmitted to the Senate power is not explicitly mentioned in the Constitution or in
President and Speaker of the House statutes does not mean that he is bereft of such authority.
- Majority of the Members of the Cabinet may (Biraogo v. Philippine Truth Commission, 2010)
transmit the written declaration
Control The Constitution vests the President with the power of

Power to alter or modify or nullify or set aside what a supervision, not control, over local government units
subordinate had done in the performance of his duties and (LGUs). Such power enables him to see to it that LGUs and
to substitute the judgment of the former for that of the their officials execute their tasks in accordance with law.
latter. While he may issue advisories and seek their cooperation
in solving economic difficulties, he cannot prevent them
Supervision from performing their tasks and using available resources
Overseeing, or the power or authority of an officer to see to achieve their goals. He may not withhold or alter any
that subordinate officers perform their duties, and if the authority or power given them by the law. Thus, the
latter fail or neglect to fulfill them, then the former may withholding of a portion of internal revenue allotments
take such action or steps as prescribed by law to make legally due them cannot be directed by administrative fiat.
them perform these duties. (Pimentel v. Aguirre, 2000)
Power to place the Philippines under martial law and

power to suspend the privilege of the writ of habeas
The acts of the secretaries of the executive department, corpus
performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the THE COMMANDER-IN-CHIEF CLAUSE
Chief Executive, presumptively the acts of the Chief
Executive. (Vilena v. Secretary of Interior, G.R. No. 46570,  To call out the Armed forces to prevent or suppress
(1939) lawless violence, invasion or rebellion.
 Organize courts martial for the discipline of the
The rule which has thus gained recognition is that "under armed forces and create military commissions for the
our constitutional setup the Executive Secretary who acts punishment of war criminals.
for and in behalf and by authority of the President has an

Section 18, Art VII grants the President, as Commander-in- Constitutional safeguards on the exercise of the
Chief, a "sequence" of "graduated power(s)." From the most power of the President to proclaim martial law:
to the least benign, these are: the calling out power, the  There must be actual invasion or rebellion;
power to suspend the privilege of the writ of habeas  The duration of the proclamation shall not
corpus, and the power to declare martial law. In the exceed 60 days;
exercise of the latter two powers, the Constitution  Within 48 hours, the President shall
requires the concurrence of two conditions, namely, an report his action to Congress. If Congress
actual invasion or rebellion, and that public safety requires is not in session, it must convene within 24
the exercise of such power. These conditions are not hours;
required in the exercise of the calling out power. The only  Congress may, by majority vote of all its
criterion is that 'whenever it becomes necessary,' the members voting jointly, revoke the
President may call the armed forces 'to prevent or proclamation, and the President cannot set
suppress lawless violence, invasion or rebellion. aside the revocation;
'Nevertheless, it is equally true that S18, Art7 does not  By the same vote and in the same
expressly prohibit the President from declaring a state of manner, upon initiative of the President,
rebellionsince the constitution vests the Presdient with Congress may extend the proclamation if
Executive powers. (SANLAKAS v. Executive Secretary, G.R. the invasion or rebellion continues and
No. 159085) public safety requires it;
 The Supreme Court may review, in an
The power to choose, initially, which among these appropriate proceeding filed by any citizen,
extraordinary powers to wield in a given set of conditions the sufficiency of the factual basis of the
is a judgment call on the part of the President. As proclamation of martial law or the
Commander-in-Chief, his powers are broad enough to suspension of the privilege of the writ of
include his prerogative to address exigencies or threats habeas corpus or the extension thereof, and
that endanger the government, and the very integrity of must promulgate its decision thereon
the State. (Lagman v. Medialdea, G.R. No. 231658) within 30 days from its filing; such power to
review may be exercised simultaneously
, the ability of the President to require a military official with, and independently from, the power to
to secure prior consent before appearing before revoke by Congress (Lagman v. Medialdea,
Congress pertains to a wholly different and G.R. No. 231658)
independent specie of presidential authority—the
 It does not suspend the operation of the
commander-in-chief powers of the President. By tradition
Constitution, nor supplant the functioning
and jurisprudence, the commander-in-chief powers of
of the civil courts or legislative assemblies,
the President are not encumbered by the same degree of
nor authorize the confinement of
restriction as that which may attach to executive privilege
jurisdiction on military courts and agencies
or executive control. (Gudani vs. Senga, G.R. No. 170165, over civilians where civil courts are able to
August 15, 2006) function, nor automatically suspend the
privilege of the writ.
SUSPENSION OF THE PRIVILEGE OF THE WRIT OF

HABEAS CORPUS
PROCLAMATION OF MARTIAL LAW Grounds: invasion or rebellion, when public safety

requires it.
The constitutional validity of the President’s proclamation
of martial law or suspension of the writ of habeas corpus is Duration: not to exceed 60 days, following which it shall
first a political question in the hands of Congress before it be lifted unless extended by Congress
becomes a justiciable one in the hands of the Court.
(Fortun v. Macapagal-Arroyo) Duty of the President: To report action to Congress within
48 hours, personally or in writing
During martial law, the President may have the powers of
a commanding general in a theatre of war. In actual war,  Congress may revoke or extend, on request
the President as the commanding general has the of the President, the effectivity of
authority to issue orders which have the effect of law but proclamation by a majority vote of all its
strictly in a theater of war, not in the situation we had Members, voting jointly.
during the period of martial law.
 Suspension applies only to persons
If in the actual theater of war civil courts, in fact, are judicially charged for rebellion or offenses
unable to function, then the military commander is inherent in or directly connected with
authorized to give jurisdiction even over civilians to invasion.
military courts precisely because the civil courts are
closed in that area. (Lagman v. Medialdea, G.R. No. 231658,  During the suspension of the privilege of the
citing Constitutional Commission deliberations) writ of habeas corpus, any person thus
arrested or detained shall be judicially

charged within three (3) days, otherwise he (b) Cannot be granted in violations of election laws
shall be released. without favorable recommendations of the
COMELEC;
(c) Can be granted only after conviction by final
judgment (except amnesty);
(d) Cannot be granted in cases of legislative contempt or
Pardoning power, reprieves, commutations, amnesty, civil contempt;
remit fines and forfeitures (Section 19, Article VII) (e) Cannot absolve convict of civil liability;
(f) Cannot restore public offices forfeited.
Exercised by the President (g) Amnesty must be with the concurrence of a majority
Discretionary and may not be controlled by the legislature of all the members of Congress
or reversed by the courts
Exception: if there is violation of the Constitution
(a) Pardon - an act of grace which exempts the individual

on whom it is bestowed from punishment which the Saguisag v. Ochoa, Jr., G.R. Nos. 212426 and 212444, 12
law inflicts for a crime he has committed. January 2016): EDCA is not a treaty but only an Executive
 Plenary or partial Agreement.
 Absolute or conditional
- Conditional pardon— is in the nature of a Senate ratification is not necessary: The Senate ratification
contract between the sovereign power or of the Mutual Defense Treaty (“MDT”) complies with the
the Chief Executive and the convicted requirement of Section 25, Article XVIIP9 of the 1987
criminal to the effect that the former will Constitution that any agreement allowing foreign military
release the latter subject to the condition facilities in the Philippines, like the prepositioning of U.S.
that if he does not comply with the terms of war materials, must be embodied in a treaty and ratified by
the pardon, he will be recommitted to two-thirds vote of the Senate. The treaty which covers the
prison to serve the unexpired portion of the terms and conditions under EDCA is the MDT which the
sentence or an additional one. Philippine Senate ratified by two-thirds vote on 12 May
1952 and which the U.S. Senate earlier ratified on 20 March
The grant of absolute pardon restores the person to his 1952. (Saguisag v. Ochoa, Jr., G.R. Nos. 212426 and 212444, 12
full civil and political rights. (Risos-Vidal v. Commission on January 2016)
Elections, 747 SCRA 210).
To hold that the EDCA cannot take effect without Senate
Effect of Absolute Pardon: A close scrutiny of the text of the ratification is to render the MDT, the sole mutual self-
pardon extended to former President Estrada shows that defense treaty, totally inutile to meet the grave, even
both the principal penalty of reclusion perpetua and its existentialist, national security threat. (Carpio, J.,
accessory penalties are included in the pardon. The concurring opinion)
sentence,which states that "(h) e is hereby restored to his
civil and political rights," expressly remitted the accessory
penalties that attached to the principal penalty of
a. Vacancy at the beginning of the term
reclusion perpetua.
(1) Death or permanent disability of the President-
elect: VP-elect shall become President
A conditional pardon has no force until accepted by the
(2) President-elect fails to qualify: VP-elect shall
condemned. The reason is obvious. The condition may be
act as President until the President-elect shall
less acceptable to him than the original punishment, and
have qualified
may in fact be more onerous (Cabantag v. Wolfe, G.R. No.
(3) President shall not have been chosen: VP-elect
3080 (1906)
shall act as President until a President shall have
been chosen and qualified.
(4) No President and VP chosen nor shall have
(b) Commutation - reduction or mitigation of penalty
qualified, or both shall die or become
permanently disabled: The President of the
(c) Reprieve - postponement of sentence or stay of Senate, or in case of his disability, the Speaker of
execution the House of Representatives, shall act as
President until a President or a VP shall have
(d) Parole - release from imprisonment, but without been chosen and qualified.
full restoration of liberty, as parolee is in custody of - In the event of inability of the officials
the law although not in confinement mentioned, Congress shall, by law, provide
for the manner in which one who is to act as
(e) Amnesty - act of grace, concurred in by the President shall be selected until a President
Legislature, usually extended to groups of persons or VP shall have qualified.
who committed political offenses, which puts into
oblivion the offense itself.  At 10 o’clock in the morning of the 3rd day after
the vacancy occurs, Congress shall convene
Limitations without need of a call, and within 7 days enact a
(a) Cannot be granted in cases of impeachment; law calling for a special election to elect a

President and a VP to be held not earlier than 45 both houses voting

or later than 60 days from the time of such call. separately.
The bill shall be deemed certified and shall d. Resignation
become a law upon its approval on 3rd reading by Resignation may be written, oral, express, or implied, for
Congress. The convening of the Congress cannot as long as it is clear it must be given legal effect.
be suspended nor the special election e. Vacancy in the Office of the Vice-President
postponed. No special election shall be called if Whenever there is vacancy in the Office of the VP during
the vacancy occurs within 18 months before the the term for which he was elected, the President shall
date of the next presidential election nominate a VP from among the Members of the Senate and
b. Vacancy during the term the HOR who shall assume office upon confirmation by a
Death, permanent disability, removal from office, or majority vote of all the Members of both Houses of the
resignation of the President: VP shall become the Congress, voting separately. (Section 9, Article VII)
President
Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001, the SC
declared that the resignation of President Estrada could
not be doubted as confirmed by his leaving Malacañang
Palace. In the press release containing his final statement
(1) He acknowledged the oath-taking of the respondent
as President;
(2) He emphasized he was leaving the Palace for the sake
of peace and in order to begin the healing process (he
did not say that he was leaving due to any kind of
disability and that he was going to reassume the
Presidency as soon as the disability disappears);
(3) He expressed his gratitude to the people for the
opportunity to serve them as President (without
doubt referring to the past opportunity);
(4) He assured that he will not shirk from any future
challenge that may come in the same service of the
country;
(5) He called on his supporters to join him in promotion
of a constructive national spirit of reconciliation and
solidarity.
The Court declared that the elements of a valid
resignation are:
1. Intent to resign;
2. Act of relinquishment.
Both were present when Estrada left the Palace.
c. Temporary Disability
 Voluntary Written Declaration
The President may transmit to the Senate president a
written declaration that he is unable to discharge his
functions. In this case, the Vice-President will assume his
duties and functions.
 Vote of the Majority of the Cabinet
If the majority of the Cabinet transmits to the Senate
President that the President is unable to discharge his
functions, the Vice-President shall assume his functions.
o The President may once again assume
his functions after transmitting to the
Senate President that he is not unable
to discharge his functions.
o Should the Cabinet believe that the
President is still incapable, the
members may send a written
declaration to the Senate President
within 5 days.
 In this case, Senate shall
convene if in session or
within 12 days if not in
session.
 The Congress may determine
that the President is
incapable of exercising his
functions by a 2/3 vote of

2. Legitimating - Rule on Double Negative—uses

the term “not unconstitutional”; the court
cannot declare a law constitutional because it
already enjoys a presumption of
The judicial power shall be vested in one SC and in such constitutionality
lower courts as may be established by law. 3. Symbolic - educating the bar and bench and the
people on the extent of protection given by the
Judicial power includes: constitutional guarantees
(1) Traditional Concept: The duty of the courts of justice
to settle actual controversies involving rights which
are legally demandable and enforceableE
(2) Expanded Power: To determine whether or not there i. Actual case or controversy
has been a grave abuse of discretion amounting to
lack or excess of jurisdiction (GADALEJ) on the part of Must be definite, concrete, bearing upon the legal relations
any branch or instrumentality of the Government. of parties who are pitted against each other due to
their adverse legal interests, and susceptible of judicial
Jurisdiction: The power to hear and decide cases. determination.
Facial Challenge ii. The constitutional question must be raised by the

The only instance where a facial challenge to a statute is proper party
allowed is when it operates in the area of freedom of
expression. In such instance, the overbreadth doctrine A proper party is one who has sustained or is in
permits a party to challenge the validity of a statute even imminent danger of sustaining an injury as a result
though as applied to him it is not unconstitutional but it of the act complained of. (LOCUS STANDI)
might be if applied to others not before the Court whose
activities are constitutionally protected. (Cruz v. DENR "Legal Standing"- personal and substantial interest
135385) in the case such that the party has sustained or will
sustain direct injury as a result of governmental act.
Doctrine of Judicial Supremacy.
The judiciary is vested with the power to annul the acts of Real Party in Interest – Party who stands to be
either the legislative or the executive or of both when not benefited or injured by the judgment in the suit or
conformable to fundamental law. (Association of Small the party entitled to the avails of the suit
Landowners v. Secretary of Agrarian Reform, G.R. No.
78742, July 14, 1989) When will a citizen be allowed to raise
constitutional question:
(a) He has personally suffered some actual or
threatened injury as a result of the allegedly
illegal conduct of the government – Direct
Power of courts to test the validity of executive and Injury Test – interest means “material interest”
legislative acts in light of their conformity with the (b) Injury is fairly traceable to the challenged
Constitution and to declare a law, treaty, international or action
executive agreement, presidential decree, proclamation (c) Injury is likely to be redressed by a
order, instruction, ordinance or regulation favorable action.
unconstitutional.
 To assure that the supremacy of the Constitution Liberal attitude of the SC to standing based on the
is upheld. ff requirements:
(a) Case involves constitutional issues
WHO MAY EXERCISE THE POWER (b) Taxpayers – there must be a claim of
1. Supreme Court to decide question on illegal disbursement of public funds or tax
Constitutionality measure is unconstitutional
2. Section 5(2) Article VIII implicitly recognizes the (c) Voters – there must be a showing of
authority of lower courts to decide questions obvious interest in the validity of election law
involving constitutionality of laws, treaties, in question.
international agreements, etc. (d) Concerned Citizens – issues raised are of
3. The Constitution vested the power of judicial transcendental importance which must be
review not only to SC but also with the lower settled early
courts. (e) Legislators – claim that the official action
 Note: In doing so, notice to the Solicitor General complained of infringes their prerogatives as
is mandatory to enable him to decide whether or legislators
not his intervention in the action is necessary.
General rule: A party can question the validity of a
FUNCTIONS OF JUDICIAL REVIEW: statute only if, as applied to him, it is
1. Checking – whether or not there has been grave unconstitutional.
abuse of discretion
Exceptions:

(1) Facial Challenge

 The statute is absolutely unconstitutional under General Rule: The court will not take cognizance of the
no circumstance. But the only time a facial case
challenge to a statute is allowed is when it operates
in the area of freedom of expression. The term “political question” refers to:
1. Matters to be exercised by the people in their
(2) Overbreadth Doctrine primary political capacity; or
 Permits a party to challenge the validity of a 2. Those specifically delegated to some other
statute even though as applied to him, it is not department or particular office of the
unconstitutional, but it might be if applied to others government, with discretionary power to act. It
not before the Courts whose activities are is concerned with issues dependent upon the
constitutionally protected. wisdom, not legality, of a particular measure.
 Invalidation of the statute “on its face”, rather (Tañada v. Cuenco (1957))
than “as applied” is permitted in the interest of
preventing a chilling effect on freedom of Note: When grave abuse of discretion is committed even
expression. by the highest executive authority, the judiciary should
not hide behind the political questions doctrine.
iii. The constitutional question must be raised at the
earliest opportunity Justiciable Question
A given right, legally demandable and enforceable, an
Generally, the question must be raised in he act or omission violative of such right, and a remedy
pleadings; however, in criminal cases, the granted by law for said breach of right
question can be raised at any time at the
discretion of the court; in civil cases, the question Political Questions
can be raised at any stage of the proceedings Those questions which, under the constitution, are to be
if necessary for the determination of the case decided by the people in their sovereign capacity; or
itself; and in every case, except where there is in regard to which full discretionary authority has been
estoppel, it can be raised at any stage if it involves delegated to the legislative or executive branches of
the jurisdiction of the court. government.
iv. The decision on the constitutional question must be Guidelines for determining when a question is political
the very lis mota (Baker v. Carr (369 US 186)):
1. There is a textually demonstrable
Court cannot recognize question of constitutionality if the constitutional commitment of the issue to a political
case can be dispensed of on some other grounds, such as department;
application of a statute or a general law.
2. Lack of judicially discoverable and
Every law has in its favor the presumption of manageable standards for resolving it;
constitutionality
3. The impossibility of deciding without an initial
Effects of the declaration of unconstitutionality policy determination of a kind clearly for non-
(1) Orthodox view – unconstitutional act is not a judicial discretion;
law, confers no act, imposes no duty, affords no
protection, creates no office and inoperative as if it 4. Impossibility of a court’s undertaking
had not been passed. independent resolution without expressing lack of
the respect due coordinate branches of
(2) Modern view – courts simply refuse to government;
recognize the law and determine the rights of the
parties as if the statute prior to its declaration of 5. An unusual need for unquestioning adherence
unconstitutionality may be recognized to a political decision already made; and
Partial Unconsitutionatlity 6. Potential embarrassment from multifarious

Requisites: pronouncements by various departments on one
(1) Legislature must be willing to retain the valid question.
portions usually shown by the presence of a
separability clause
(2) Valid portion can stand independently as a law. General Rule: Courts will not decide questions that have
become moot and academic.
c.f: C. Judicial Restraint for more details
Exception: Courts will still decide if:
a. There is a grave violation of the Constitution;
b. The situation is of exceptional character and
paramount public interest is involved;

c. The constitutional issue raised requires (13) The SC can appoint all officials and employees of the
formulation of controlling principles to guide Judiciary.
the bench, the bar and the public; and (14) The judiciary shall enjoy fiscal autonomy.
d. The case is capable of repetition yet evading
review. (David v. Macapagal-Arroyo (2006)
The Judiciary shall enjoy fiscal autonomy. Appropriations
for the Judiciary may not be reduced by the legislature
General Rule: The interpretation (or declaration) of below the amount appropriated for the previous year
unconstitutionality is retroactive in that it applies from the and, after approval, shall be automatically and regularly
law’s effectivity released. (Sec. 3, Art. VIII)
Exception: Subsequent declaration of The Supreme Court may submit to the Department of
unconstitutionality does not nullify all acts exercised Budget and Management reports of operation and
in line with (the law). The past cannot always be erased income, current plantilla of personnel, work and
by a new judicial declaration. (Municipality of financial plans and similar reports only for recording
Malabang v. Benito (1969), citing Chicot County) purposes.The submission thereof concerning funds
previously released shall not be a condition precedent
for subsequent fund releases. (A.M. No. 92-9-029-SC)
Qualifications: Of proven Competence, Integrity, Probity

COMPOSITION and Independence (CIPI) In addition:
1. Ex-Officio Chairman—Chief Justice of the Supreme
Qualification
Court Position
Citizenship Age Others
2. Ex-Officio Members —Secretary of Justice
3. Secretary de Officio—Clerk of the Supreme Court SC
Justices
APPOINTMENT Natural – Congress
The President shall appoint regular members for a 4- Born 40 may
CA
year term with the consent of the Commission on Citizen prescribe
Justices
Appointments other
qualifications
RTC Has been
POWERS 35
Judges engaged in
1. Recommend appointees to the Judiciary;
the practice
2. Recommend appointees to the Office of the
of law for at
Ombudsman and his 5 Deputies;
least 5 years
3. May exercise such other functions as may be assigned
or has held
by the Supreme Court. MTC, Citizen
public office
MeTC, Only
30 in the
Constitutional Safeguards that guarantee independence MCTC Philippines
of Judiciary: Judges requiring
(1) The SC is a constitutional body and may not be
admission to
abolished by law;
the practice
(2) The members of the SC are removable only by
of law
impeachment;
(3) The members of the judiciary are not subject to
confirmation by the CA
(4) The SC may not be deprived of minimum original Procedure for Appointment:
and appellate jurisdiction; appellate jurisdiction may 1. Appointed by the President from among a list of
not be increased without its advice and concurrence; at least 3 nominees prepared by the Judicial and
(5) The appellate jurisdiction of the SC may not be Bar Council (JBC) for every vacancy.
increased by law without its advice and concurrence 2. For lower courts, President shall issue the
(6) The SC has administrative supervision over all inferior appointment 90 days from submission of the list.
courts and personnel;
(7) The SC has the exclusive power to discipline Tenure of Justices and Judges:
judges/justices of inferior courts;  Supreme Court - Hold office until they reach
(8) The members of the Judiciary have security of tenure; the age of 70 or become incapacitated to
(9) The members of the SC may not be designated to any discharge their duties. They may be removed
agency, performing quasi- judicial or administrative only through impeachment.
functions;  Lower Courts - Hold office during good behavior
(10) Salaries of judges may not be reduced; the Judiciary until they reach the age of 70 or become
enjoys fiscal autonomy; incapacitated to discharge their duties.
(11) The SC alone may initiate Rules of Court;
(12) The SC alone may order temporary detail of judges;

therein who may turn out

be innocent of the charges; it can take years to build a
Composition: Chief Justice and 14 Associates Justices
reputation and only a single accusation, although
unfounded, to destroy it. (Godiñez v. Alano)
May sit:
 En Banc; or
 In its discretion, in divisions of 3, 5, or 7 members
Any vacancy shall be filled within 90 days from ORIGINAL JURISDICTION OF THE SUPREME
occurrence thereof. COURT:
1. Cases affecting ambassadors, other public
ministers and consuls;
2. Petition for certiorari
3. Petition for prohibition
CASES TO BE HEARD BY THE SC EN BANC: 4. Petition for mandamus
(a) Cases in which the constitutionality or validity of 5. Petition for quo warranto
any treaty, international or executive agreement, 6. Petition for habeas corpus
law, executive order, or presidential decree,
proclamation, order, instruction, ordinance, or Original Jurisdiction (Art. VIII, Sec. 5(2)) – on appeal
regulation is in question;
or certiorari (as the Rules of Court provide), SC may
(b) Cases raising novel questions of law;
review, revise, reverse, modify, or affirm final
(c) Cases affecting ambassadors, other public
judgments and orders of lower courts in:
ministers and consuls;
(d) Cases involving decisions, resolutions or orders  Cases involving the constitutionality or validity
of any treaty, international or executive
of the Civil Service Commission, Commission on
agreement, law, presidential decree,
Election, and Commission on Audit;
proclamation, order, instruction, ordinance, or
(e) Cases where the penalty to be imposed is the
regulation
dismissal of a judge, officer or employee of the
judiciary, disbarment of a lawyer, or either the  Cases involving the legality of any tax, impost,
suspension of any of them for a period of more assessment, or toll, or any penalty imposed in
than one (1) year or a fine exceeding ten thousand relation thereto
pesos (P10,000.00) or both;  Cases in which the jurisdiction of any lower
(f) Cases where a doctrine or principle laid down by court is in issue
the court en banc or in division may be modified  Criminal cases where the penalty imposed is
or reversed; reclusion perpetua or higher.
(g) Cases assigned to a division which in the opinion  Cases where only a question of law is involved.
of at least three (3) members thereof merit the
attention of the court en banc and are acceptable Period for Deciding Cases
to a majority of the actual membership of the (Art. VIII, Sec. 15(1))
court en banc; and
(h) All other cases as the court en banc by a majority Supreme Lower Collegiate Other Lower
of its actual membership may deem of sufficient Court Courts Courts
importance to merit its attention. 3 months, unless
12 months, unless
24 months reduced by the
reduced by the SC
SC
Promulgates rules concerning: Note: The Sandiganbayan has 3 months to decide on its
(a) Protection and enforcement of constitutional rights; cases because it is considered as a trial court.
(b) Pleading, practice, and procedure in all courts;
(c) Admissions to the practice of law; Original Jurisdiction
(d) IBP; and (a) Over cases affecting ambassadors, other public
(e) Legal assistance to the underprivileged. ministers and consuls;
(b) Over petition for Certiorari, Prohibition,
Limitations on rule-making power: mandamus, Quo Warranto, and Habeas Corpus
(a) Provide a simplified and inexpensive procedure for (c) Review of factual basis for the declaration of
speedy disposition of cases; martial law or suspension of the privilege of writ
(b) Uniform for all courts of the same grade; of habeas corpus
(c) Shall not diminish, increase or modify substantive
rights APPELLATE JURISDICTION
Over final judgments and orders of lower courts in:
(a) All cases in which constitutionality or validity
of any treaty international or executive
SC shall have administrative supervision over all courts agreement, law, presidential decree,
and personnel thereof. proclamation, order, instruction, ordinance, or
regulation is in question;
Administrative proceedings before the SC are
confidential in nature in order to protect the respondent

(b) All cases involving the legality of any tax impost,

assessment, or toll, or any penalty imposed in
relation thereto;
(c) All cases in which the jurisdiction of any lower
courts is in issue;
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or higher; and
(e) All cases in which only a question of law is
involved.
a. Electoral Tribunal f o r P r e s i d e n t i a l a n d
V i c e -Presidential C o n t e s t s
Over all contests relating to the election, return
and qualification of the President or Vice-
President.
b. Temporary assignment of judges of lower courts

to other stations as public interest may require
Not to exceed 6 months without the consent of
the judge concerned.
c. Order change of venue or place of trial, to avoid

miscarriage of justice
d.. Power of Appointment

SC appoints all officials and employees of the
Judiciary in accordance with Civil Service law.
e. Yearly Report
Within 30 days from the opening of each regular
session of Congress, SC shall submit to the
President and Congress an annual report on the
operation and activities of the Judiciary. (Section
16, Art. VIII)

(b) Exclusive original jurisdiction over all contests

relating to election, returns and qualifications of all
elective regional, provincial, and city officials;
(c) Exclusive appellate jurisdiction over all contests
involving elective municipal officials decided by the
RTC, or involving elective barangay officials by MTC;
(1) Civil Service Commission (Art IX-B) (d) Decide, except those involving right to vote, all
(2) Commission on Elections (Art. IX-C) questions affecting elections, including the
(3) Commission on Audit (Art. IX-D) determination of number and location of polling
places, appointment of election officials and
inspectors and registration of voters;
(e) Deputize, with concurrence of President, law
enforcement agencies and instrumentalities for
(1) They are constitutionally created; may not be exclusive purpose of insuring free, orderly, honest,
abolished by a statute; peaceful and credible elections.
(2) Each is conferred certain powers and functions which (f) Register, after sufficient publication, political parties,
cannot be reduced by statute; organizations or coalitions which must present their
(3) Each expressly described as independent; platform or program government; accredit citizen’s
(4) Chairmen and members are given fairly long term of arms;
office for seven (7) years; (g) File upon verified complaint or motu proprio petitions
(5) Chairmen and members cannot be removed except by in court for inclusions or exclusions of voters;
impeachment; investigate and, where appropriate, prosecute cases
(6) Chairmen and members may not be reappointed of violations of election laws;
or appointed in an acting capacity; (h) Recommend to Congress effective measures to
(7) Salaries of chairmen and members are relatively high minimize election spending, limitation of places
and may not be decreased during continuance in and prevent and penalize all forms of election
office; frauds, offenses, malpractice and nuisance
(8) Commissions enjoy fiscal autonomy; candidates; and
(9) Each commission may promulgate its own procedural (i) Submit to the President and Congress,
rules; comprehensive reports on conduct of each election,
(10) Chairmen and members are subject to certain plebiscite, initiative, referendum or recall.
disqualifications calculated to strengthen their
integrity; and Commission on Audit
(11) Commissions may appoint their own officials and
employees in accordance with Civil Service Law. (g) Examine, audit and settle all accounts pertaining to
revenue and receipts of, and expenditures or uses of
funds and property owned or held in trust or
pertaining to government;
Post-audit basis (Art. IX-D, Sec.2):

Civil Service Commission 1. Constitutional bodies, commissions and offices;
2. Autonomous state colleges and universities;
(a) Central personnel agency of the Government 3. GOCCs with no original charters and their
(b) Establish a career service and adopt measures to subsidiaries;
promote morale, efficiency, integrity, responsiveness, 4. Non-governmental entities receiving subsidy or
progressiveness, and courtesy in the civil service equity, directly or indirectly from or through the
(c) Strengthen the merit and rewards system, integrate Government, which are required by law or the
all human resources development programs for all granting institution to submit such audit as a
levels and ranks condition of subsidy or equity.
(d) Institutionalize a management climate conducive to (h) Keep general accounts of government and preserve
public accountability vouchers and supporting papers;
(e) Hear and decde administrative cases instituted or (i) Authority to define scope of its audit and
appealed before it examination, establish techniques and methods
(f) Implement R.A. 6850 (An Act To Grant Civil Service required therefore; and
Eligibility Under Certain Conditions To Government (j) Promulgate accounting and auditing rules and
Employees Appointed Under Provisional or regulations, including those for preservation and
Temporary Status Who Have Rendered A Total of disallowance.
Seven (7) Years of Efficient Service, and for Other
Purposes)
Commission on Elections
Civil Service Commission
(a) Enforce and administer law and regulations relative
to the conduct of elections, plebiscite, initiative, (1) Chairman;
referendum or recall; Composition
(2) Commissioners
Qualifications (1) Natural-born citizen;

(2) At least 35 years of age at the Exceptions to the Requirement of Competitive

time of appointment; Examinations
(3) With proven capacity for public (1) Policy-determining Position — one charged with
administration; and laying down of principal or fundamental guidelines
(4) Not a candidate for any elective or rules;
position in the election (2) Primary Confidential Position — one denoting not
immediately preceding only confidence in the aptitude of the appointee
Term 7 years, without reappointment for the duties of the office but primarily close
intimacy which ensures freedom of intercourse
without embarrassment or freedom from misgiving
SCOPE OF THE CIVIL SERVICE
or betrayals of personal trust on confidential
Embraces all branches, subdivisions, instrumentalities
matters of state, or one declared to be so by the
and agencies of the Government, including government-
President upon recommendation of the Civil Service
owned and controlled corporations with original charters
Commission.
(Section 2(1), Article IX-B)
(3) Highly Technical Position — requires the appointee
to possess technical skill or training in the supreme
CLASSES OF SERVICE
or superior degree.
i. Career Service
Characterized by:
(a) Entrance based on merit and fitness to be determined Commission on Elections
by competitive examination or based on highly
technical qualification; (1) 1 Chairman;
Composition
(b) Opportunity for advancement; and (2) 6 Commissioners
(c) Security of tenure. (1) Natural-born citizen;
(2) At least 35 years of age at the
Kinds of Career Service: time of appointment;
 Open Career Positions—prior qualification via (3) With proven capacity for public
examination; Closed Career Positions—those administration; and
highly technical position; (4) Not a candidate for any elective
 Career Executive Service—Undersecretaries, Qualifications position in the election
Bureau Directors; immediately preceding
 Career Officers—those appointed by the (5) Majority, including the Chairman,
President like those in the Foreign Service; must be members of the
Philippine Bar who have been
 Commissioned Officers and enlisted men of the
engaged in the practice of law for
AFP—governed by separate merit system;
at least ten (10) years
 Personnel of GOCCs — whether performing
governmental or proprietary Term 7 years, without reappointment
functions, with original charters; and
 Permanent laborers—whether skilled, semi- Commission on Audit
skilled, or unskilled.
(1) 1 Chairman;
Composition
II. on-Career Service (2) 2 Commissioners
Characterized by: (1) Natural-born citizen;
(a) Entrance on bases other than those of the usual tests (2) At least 35 years of age at the
of merits and fitness utilized for the career service; time of appointment;
and (3) CPA with at least ten (10)
(b) Tenure which is limited to a period specified by law, years auditing experience or
which is co-terminus with that of the appointing members of the Philippine Bar
authority or subject to his pleasure, or which is Qualifications with at least ten (10) years
limited to the duration of a particular project for practice of law; at no time shall
which purpose employment was made. all members belong to the same
position; and
Kinds of Non-Career: (4) Not a candidate for any elective
 Elective official and their personal or confidential position in the election
staff; immediately preceding
 Department heads and other officials of Cabinet Term 7 years, without reappointment
rank who hold positions at the pleasure of the
President and their personal or confidential staff;
 Chairmen and members of commissions and boards
with fixed terms of office and their personal or
No member of a Constitutional Commission shall, during
confidential staff;
his tenure:
 Contractual personnel or those whose employment in
 Hold any other office or employment;
the government is in accordance with a special
 Engage in the practice of any profession;
contract to undertake a specific work or job; and
 Emergency and seasonal personnel.

 Engage in the active management and control of

any business which in any way may be affected
a. Citizens of the Philippines at the time of the
by the functions of his office; and
adoption of this Constitution;
 Be financially interested, directly or indirectly, in
b. Those whose fathers OR mothers are citizens
other contract with, or in any franchise or
of the Philippines;
privilege granted by the government, any of its
c. Those who elected to be citizens. This applies
subdivision, agencies or instrumentalities,
only to :
including GOCCs or their subsidiaries. (Sec. 2,
Art. IX)  Those born before Jan 17, 1973 to
Filipino mothers; and
 Elect Philippine citizenship upon
reaching the age of majority
d. Those naturalized in accordance with law
By Birth
1. RENDERED IN THE EXERCISE OF QUASI-JUDICIAL Jus soli
FUNCTIONS “Right of soil”; person’s nationality is based on the
place of birth
Thhe Commission shall have 60 days from the date of
the submission of the case for decision or resolution to Jus sanguinis –
decide by a majority of its members. Any ruling or “Right of blood”; person’s nationality follows that
decision made by the Commission may be brought to the of his/her natural parents. This is the principle
Supreme Court on certiorari within 30 day from the adhered to by the Philippines.
receipt of the copy. (Sec. 7, Art. IX-A).
By Naturalization
Decisions Applicable Law: Commonwealth Act. 473
Each commission shall decide by a majority vote of all its QUALIFICATIONS TO BE NATURALIZED
members any case or matter brought before it within 60 (C.A. 473, Sec. 2)
days from the date of its submission for decision or (1) Not less than twenty-one years of age on the day of
resolution (Art IX-A, Sec. 7) the hearing of the petition;
(2) Resided in the Philippines for a continuous period of
In resolving cases brought before it on appeal 10 years or more;
respondent COA is not required to limit its review only (3) Of good moral character; believes in the principles
to the grounds relied upon by a government agency’s underlying the Philippine Constitution; conducted
auditor with respect to disallowing certain himself in a proper and irreproachable manner during
disbursements of public funds. Such would render COA’s the entire period of his residence towards the
vital constitutional power unduly limited and thereby government and community
useless and ineffective. (Yap v. COA) (4) Must own real estate in the Philippines worth P5,000
or more OR must have lucrative trade, profession, or
Certiorari Jurisdiction of the Supreme Court lawful occupation;
The Court exercises extraordinary jurisdiction, thus, the (5) Able to speak or write English or Spanish or anyone of
proceeding is limited only to issues involving grave the principal languages;
abuse of discretion resulting in lack or excess of (6) Enrolled his minor children of school age in any of the
jurisdiction, and does not ordinarily empower the Court recognized schools where Philippine history,
to review the factual findings of the Commissions government and civics are taught or prescribed as
(Aratuc v. COMELEC (1999)) part of the school curriculum, during the entire
period of the residence in the Philippines required of
2. RENDERED IN THE EXERCISE OF ADMINISTRATIVE him.
FUNCTIONS
WHEN IS THE 10-YEAR RESIDENCE REQUIREMENT
 Each Commission shall appoint its own REDUCED TO 5 YEARS? (SPECIAL QUALIFICATIONS)
officials in accordance with law (Art. (C.A. 473, Sec. 3) – Any of the following will result to
IX-A, Sec. 4) reduction of 10-year period to 5 years
(1) Having honorably held office under the Government
 Each Commission En Banc may of the Philippines or under that of any of the
promulgate its own rules concerning provinces, cities, municipalities, or political
pleadings and practices before it subdivisions thereof;
(supra, Sec. 6) (2) Established a new industry or introduced a useful
invention in the Philippines;
 But these rules shall not diminish, (3) Married to a Filipino woman;
increase, or modify substantive rights. (4) Engaged as a teacher in the Philippines in a public or
recognized private school not established for the
exclusive instruction of children of persons of a
particular nationality or race, in any of the branches

of education or industry for a period of 2 years or Judgment directing the issuance of a certificate of
more; naturalization is a mere grant of a political privilege and
(5) Born in the Philippines. that neither estoppel nor res judicata may be invoked to
bar the State from initiating an action for the cancellation
DISQUALIFICATIONS FROM BEING NATURALIZED? or nullification of the certificate of naturalization thus
(C.A. 473, Sec. 4) issued. (Yao Mun Tek v. Republic (1971)
(1) Persons opposed to organized government or Good moral character is an essential requirement for
affiliated with groups who uphold and teach doctrines one to be naturalized as a Filipino. A deliberate
opposing all organized governments; falsehood amounting to perjury, as he concealed his
(2) Persons defending or teaching the necessity or true status under oath and, likewise, shows
propriety of violence, personal assault, or petitioner’s wanton disregard for truth, hence, lack of
assassination for the success of their ideas; good moral character disabling him from acquiring
(3) Polygamists or believers in polygamy; Philippine citizenship. (Tak Ng v. Republic, G.R. L-
(4) Persons convicted of crimes involving moral 13017, December 23, 1959)
turpitude; The commission of a crime involving moral turpitude is
(5) Persons suffering from mental alienation or incurable a bar for naturalization "Moral turpitude" has been
contagious diseases; defined as an act of baseness, vileness, or depravity in the
(6) Persons who during the period of their stay, have not private and social duties which a man owes his fellow
mingled socially with the Filipinos, or who have not men, or to society in general, contrary to the accepted
evinced a sincere desire to learn and embrace the and customary rule of right and duty between man and
customs, traditions, and ideals of the Filipinos; man (Traders & General Ins. Co. v. Russell, Tex. Civ. App.,
(7) Citizens or subjects of nations with whom the 99 S.W. (2d) 1079) or conduct contrary to justice, honesty,
Philippines is at war modesty, or good morals (Marah v. State Bar of California,
(8) Citizens or subjects of a foreign country other than 210 Cal. 303, 291 P. 583).
the United States, whose laws do not grant Filipinos Profiteering is an offense which involves moral
the right to become naturalized citizens or subject turpitude inasmuch as it affects the prices of prime
thereof. commodities and goes to the life of the citizens,
especially those who are poor and with hardly the
GROUNDS FOR DENATURALIZATION, SEC. 18 means to sustain themselves. Hence, conviction of said
(C.A. 473, Sec. 18) – Upon the proper motion of the crime disqualifies a petitioner from naturalization as a
Solicitor General or the provincial prosecutor, Filipino citizen.
naturalization may be cancelled when:
1. Naturalization certificate was fraudulently or illegally
obtained (See Po Soon Tek v. Republic, 60 SCRA 98
(1974)) GROUNDS:
2. If, within the five years next following the issuance, he (1) Naturalization in a foreign country;
shall return to his native country or to some foreign (2) Express renunciation or expatriation
country and establish his permanent residence there (3) Taking an oath of allegiance to another country upon
3. Remaining for more than one year in his native reaching the age of majority;
country or the country of his former nationality, or (4) Marriage by a Filipino woman to an alien, if by the laws
two years in any other foreign country, shall be of her husband’s country, she becomes a citizen
considered as prima facie evidence of his intention of thereof
taking up his permanent residence in the same; (5) Accepting a commission and serving in the armed
4. Petition was made on an invalid declaration of forces of another country, unless there is an
intention; offensive/ defensive pact with the country, or it
5. Minor children of the person naturalized failed to maintains armed forces in RP with RP’s consent;
graduate from the schools mentioned in sec. 2, (6) Denaturalization;
through the fault of their parents, either by neglecting (7) Being found by final judgment to be a deserter of the
to support them or by transferring them to another AFP
school or schools.
6. If he has allowed himself to be used as a dummy in
REACQUISITION
violation of the Constitutional or legal provision
1. Naturalization
requiring Philippine citizenship as a requisite for the
exercise, use or enjoyment of a right, franchise or 2. 21 years of age
privilege. 3. Be a resident for 6 months
4. Have good moral character
Burden of Proof 5. No disqualification
The applicant must comply with the jurisdictional 6. Repatriation- results in the recovery of the original
requirements, establish his or her possession of the nationality
qualifications and none of the disqualifications 7. Legislative Act
enumerated under the law, and present at least two (2)
character witnesses to support his allegations. (Go v.
Republic of the Philippines, G.R. No. 202809 (2014))
R. A. No. 9189 – Overseas Voting Law
Naturalization is never final and may be revoked if one
:=, There is no provision in the dual citizenship law - R.A.
commits acts of moral turpitude. (Republic v. Guy (1982))
9225 - requiring "duals" to actually establish residence and

physically stay in the Philippines first before they can  Expanding production as the key to raising the
exercise their right to vote. On the contrary, R.A. 9225, in quality of life for all, especially the
implicit acknowledgment that "duals" are most likely non- underprivileged.
residents, grants under its Section 5(1) the same right of
suffrage as that granted an absentee voter under R.A. 9189.
It cannot be overemphasized that R.A. 9189 aims, in
essence, to enfranchise as much as possible all overseas All lands of the public domain, waters, minerals, coal,
Filipinos who, save for the residency requirements exacted petroleum and other mineral oils, all forces of potential
of an ordinary voter under ordinary conditions, are energy, fisheries, forests or timber, wildlife, flora and
qualified to vote.”( Nicolas- Lewis v. COMELEC 497 SCRA fauna and other natural resources are owned by the State
649) (Sec. 2, Art. XII).
DUAL ALLEGIANCE (Sec. 5, Art IV)
Where a person simultaneously owes, by some positive Limits imposed on the concept of regalian doctrine under
act, loyalty to 2 or more states; Section 2, Article XII
 Not equivalent to dual citizenship;  Only agricultural lands of the public domain may
 Examples be alienated.
- Aliens who are naturalized as Filipinos but  The exploration, development, and utilization of
remain loyal to their country of origin; all natural resources shall be under the
- Public officers who, while serving the supervision of the State either by directly
government, seek citizenship in another undertaking such exploration, development, and
country utilization or through co-exploration, joint
 Such are disqualified from running for any venture, or production-sharing agreements with
elective local position (Sec. 40d, Local qualified persons or corporations.
Government Code)  All agreements with the qualified private sector
maybe for only a period not exceeding twenty-
DUAL CITIZENSHIP IN RE. DUAL ALLEGIANCE five years, renewable for another twenty-five
Once a candidate files his candidacy, he is deemed to years.
have renounced his foreign citizenship (Mercado v.  The twenty-five year limit is not applicable to
Manzano (1999)) water rights for irrigation, water supply,
In dual citizenship, such is not an automatic fisheries, or industrial uses other than the
disqualification. Filing of the Certificate of Candidacy is development of water power, for which
sufficient to renounce foreign citizenship to the effect that beneficial use may be the measure and the limit
one declares under oath of maintenance, true faith and of grant.
allegiance to the Constitution of the Philippines (Valles v.  The use and enjoyment of the marine wealth of
COMELEC (2000)). the archipelagic waters, territorial sea, and
exclusive economic zone shall be reserved for
Filipino citizens.
As a matter of law, foundlings are as a class, natural-born  Utilization of natural resources in rivers, lakes,
citizens. While the 1935 Constitution's enumeration is bays, and lagoons may be allowed on a small
silent as to foundlings, there is no restrictive language scale to Filipino citizens or cooperatives—with
which would definitely exclude foundlings either. No such priority for subsistence fishermen and fish
intent or language permits discrimination against workers (Bernas, The 1987 Philippine
foundlings. On the contrary, all three Constitutions (1935, Constitution: A Complimentary Reviewer)
1973, and 1987) guarantee the basic right to equal
protection of the laws. All exhort the State to render social Public utility
justice. (Poe-Llamanzares v. COMELEC, G.R. No. 221697 A public utility is a utility corporation which renders
(2016)) service to the general public for compensation. Its
essential feature is that its service is not confined to
privileged individuals but is open to an indefinite public.
The public or private character of a utility does not
The term “patrimony” pertains to heritage, and given the depend on the number of persons who avail of its services
history of the Manila Hotel, it has become a part of our but on whether or not it is open to serve all members of
national economy and patrimony. Thus, the Filipino First the public who may require it (Iloilo Ice and Cold Storage
policy provision of the Constitution is applicable. Such Co. v. Public Utility Board, 44 Phil. 551)
provision is per se enforceable, and requires no further
guidelines or implementing rules or laws for its operation.
(Manila Prince Hotel v. GSIS, (1990)
Goals:
 More equitable distribution of opportunities, Undertaking Requirement
income, and wealth Co-production, joint Filipino Citizen or
 Sustained increase in amount of goods and venture, or production- Corporation or
services produced by the nation for the benefit sharing agreements on associations with at least
of the people exploration, 60% capital owned by
development, and Filipinos

utilization of natural
resources a. Capital - the 60% requirement applies to both
Operation of a Public the voting control and the beneficial ownership
Utility of the public utility. Therefore, it shall apply
Ownership of uniformly, separately, and across the board to all
educational institutions classes of shares, regardless of nomenclature or
other than those category, comprising the capital of the
established by religious corporation. (e.g. 60% of common stock, 60% of
groups and mission preferred voting stock, and 60% of preferred
boards non-voting stock.) (Gamboa v. Teves, G.R. No.
Filipino Citizens or 176579, October 9, 2012)
corporations or
Engaging in the
associations with at least State polices on monopolies and restraint of trade. The
advertising industry
70% capital owned by State shall regulate or prohibit monopolies when the
Filipinos public interest so requires. No combinations in restraint of
Wholly-owned by trade or unfair competition shall be allowed (sec. 19, Art.
Mass Media
Filipinos XII).
State policy on the ownership of educational institutions.

Aliens may acquire equity but cannot participate in the
Educational institutions, other than those established by
management of business entities engaged in the
religious groups and mission boards, shall be owned solely
following activities:
by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of
Public utilities (Section 11, Article XII)
which is owned by such citizens. The Congress may,
Education (Section 4(2), Article XIV)
however, require increased Filipino equity participation in
all educational institutions. The control and administration
of educational institutions shall be vested in citizens of the
Philippines (Sec. 4(2), Art. XIV)
The State, being the owner of the natural resources, is

accorded the primary power and responsibility in the
exploration, development and utilization thereof. As
such it may undertake these activities through four
modes: Classification of the land of the public domain
(1) The State may directly undertake such activities; Lands of the public domain are classified into agricultural,
(2) The State may enter into co-production, joint venture forest or timber, mineral lands, and national parks.
or production-sharing agreements with Filipino Agricultural lands of the public domain may be further
citizens or qualified corporations; classified according to the uses to which they may be
(3) Congress may, by law, allow small-scale utilization of devoted (Sec. 3, Art. XII).
natural resources by Filipino citizens; or
(4) For the large-scale exploration, development and Rules on the disposition of agricultural lands of the
utilization of minerals, petroleum and other mineral public domain
oils, the President may enter into agreements with  Private corporations or associations may not acquire
foreign-owned corporations involving technical or alienable lands of the public domain.
financial assistance. (La Bugal-B’Laan Tribal Assn. v.  Qualified individuals (Filipinos) may acquire a
Ramos (Jan. 2004)) maximum of 12 hectares of alienable lands of public
domain by purchase, homestead or grant.
 Private corporations may hold alienable lands of the
public domain by lease up to a maximum of 1,000
hectares and for a period of twenty-five years
renewable for another twenty-five years.
Franchise, certificate or any other form of authorization  Qualified individuals (Filipinos) may lease land of the
for the operation of public utilities- ONLY to citizens of the public domains up to a maximum of 500 hectares (Sec.
Philippines or corporations at least 60% of whose capital 3, Art. XII).
is Filipino-owned. (Art. VII, Sec 11)
Congress does not have the exclusive power to issue
Transfer of private lands to aliens
franchises. Administrative bodies may be empowered by
Save in cases of hereditary succession, no private lands
law to do so (Albano v. Reyes, 175 SCRA 264)
shall be transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or hold
Public utility lands of the public domain. (Sec. 7, Art. XII)
Business or service engaged in regularly supplying the
public with some commodity or service of public
Prohibition does not apply to ownership of other real
consequence. A joint venture falls within the purview of an
property
“association” pursuant to Sec. 11, Art. XII and must comply
with the 60%-40% Filipino-foreign capitalization
requirement. (JG Summit Holdings v. CA (2001)

A foreigner may own a condominium unit because the Central Monetary Authority
prohibition on aliens is only from acquiring land (see Functions:
Hulst v. PR Builders, G.R. No. 156364, September 25, 2008 (1) Provide policy directions in the areas of money,
banking and credit;
(2) Supervise the operation of banks;
(3) Exercise such regulatory powers as may be provided
The practice of all professions in the Philippines shall be by law over the operations of finance companies and
limited to Filipino citizens, save in cases prescribed by other institutions performing similar functions
law. (Art. XII, Sec. 14)
Qualifications of the Governors:
(1) Natural-born Filipino;
(2) Known probity, integrity and patriotism;
(3) Majority shall come from the private sector
The Congress shall not, except by general law, provide for
ORGANIZATION AND REGULATION OF
the formation, organization, or regulation of private
CORPORATIONS, PRIVATE AND PUBLIC
corporations. Government-owned or controlled
corporations may be created or established by special
charters in the interest of the common good and subject Art. XII, Sec. 6. The use of property bears a social
to the test of economic viability. (Art. XII, Sec. 16) function, and all economic agents shall contribute to the
common good.
Requirements for creation of GOCCs through special
Individuals and private groups, including corporations,
charter:
cooperatives, and similar collective organizations, shall
1. GOCC must be established for the common good.
have the right to own, establish, and operate economic
2. GOCC must pass the economic viability test
enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common
Economic Viability Test
good so demands.
The GOCC must show capacity to function efficiently in
business and that they should not go into activities which
Article XIII, Sec. 6. The state shall apply the principles of
the private sector can do better. Moreover, economic
agrarian reform or stewardship, whenever applicable in
viability is more than financial viability but also includes
accordance with law, in the disposition or utilization of
capability to make profit and generate benefits not
other natural resources including lands of the public
quantifiable in financial terms. (Republic v. City of
domain under lease or concession suitable to
Parañaque, 2012)
agriculture, subject to prior rights, homestead rights of
small settlers, and the rights of indigenous communities
The test of economic viability applies only to
to their ancestral lands.
government-owned or controlled corporations that
perform economic or commercial activities and need to
compete in the market place. Being essentially economic
vehicles of the State for the common good — meaning for
economic development purposes — these government-
owned or controlled corporations with special charters
are usually organized as stock corporations just like
ordinary private corporations. (MIAA v. CA, 2006) Social justice is “neither communism, nor despotism, nor
atomism, nor anarchy,” but the humanization of laws and
the equalization of social and economic forces by the State
so that justice in its rational and objectively secular
conception may at least be approximated. (Calalang v.
Williams)
Monopolies
Although the Constitution enshrines free enterprise as a
policy, it nevertheless reserves to the Government the
power to intervene whenever necessary for the Economic, social and cultural rights are those human
promotion of the general welfare (Philippine Coconut rights relating to the workplace, social security, family life,
Desiccators v. PCA (1998)) participation in cultural life, and access to housing, food,
water, health care and education.
b. Not per se prohibited by the Constitution but
may be permitted to exist to aid the They include, but are not limited to:
government in carrying on an enterprise or to  Worker’s rights
aid in the performance of various services and  The right to social security and social protection
functions in the interest of the public.  Protection and assistance to the family
Nonetheless, a determination must first be  Right to an adequate standard of living
made as to whether public interest requires a  Right to health
monopoly. (Agan, Jr. v. PIATCO (2003))  The right to education
 Cultural rights
Principal international instruments

 Universal Declaration of Human Rights (1948) 96681, December 2, 1991

 International Convention on the Elimination of All
Forms of Racial Discrimination (1965)
 International Covenant on Economic, Social and
Cultural Rights (1966)
 Convention on the Elimination of All Forms of
Discrimination against Women (1979)
 Convention on the Rights of the Child (1989)
 International Convention on the Protection of the
Rights of All Migrant Workers and Members of Four essential freedoms of a university:
Their Families (1990) (1) Who may teach;
 Convention on the Rights of Persons with (2) What may be taught;
Disabilities (2006) (3) How it will be taught; and
(4) Who may be admitted to study
Three state obligations:
 To respect The right to discipline the student likewise finds
 To protect basis in the freedom “what to teach”. Indeed, while it is
categorically stated under the Education Act of 1982 that
 To fulfil
students have a right “to freely choose their field of study,
subject to existing curricula and to continue their course
therein up to graduation,” such right is subject to the
established academic and disciplinary standards laid
down by the academic institution (DLSU Inc., v. CA, G.R.
No. 127980, December 19, 2007)
(1) Investigate, on its own or on complaint by any party,
all forms of human rights violations involving civil and Due process in disciplinary cases involving
political rights; students does not entail proceedings and hearings similar
(2) Adopt its operational guidelines and rules and rules of to those prescribed for actions and proceedings in courts
procedure, and cite for contempt for violations of justice. Such proceedings may be summary and cross-
thereof in accordance with the Rules of Court; examination is not even an essential part thereof.
(3) Provide appropriate legal measures for the protection
of human rights of all persons within the Philippines, Accordingly, the minimum standards laid down by the
as well as Filipinos residing abroad, and provide for Court to meet the demands of procedural due process
preventive measures and legal aid services to the are: (1) the students must be informed in writing of the
under-privileged whose human rights have been nature and cause of any accusation against them;
violated or need protection (2) they shall have the right to answer the charges against
(4) Exercise visitorial powers over jails, prisons, or them, with the assistance of counsel, if desired:
detention facilities (3) they shall be informed of the evidence against them;
(5) Establish a continuing program of research, (4) they shall have the right to adduce evidence in their
education, and information to enhance respect for own behalf and
the primacy of human rights; (5) the evidence must be duly considered by the
(6) Recommend to Congress effective measures to investigating committee or official designated by the
promote human rights and to provide for school authorities to hear and decide the case. (PSBA v.
compensation to victims of violations of human Alcuaz, G.R. No. 76353, May 1988)
rights, or their families
(7) Monitor the Philippine Government’s compliance
with international treaty obligations on human rights
(8) Grant immunity from prosecution to any person
whose testimony or whose possession of documents
or other evidence is necessary or convenient to The State shall defend:
determine the truth in any investigation conducted (1) The right of spouses to found a family in accordance
by it or under its authority; with their religious convictions and the demands of
(9) Request the assistance of any department, bureau, responsible parenthood;
office, or agency in the performance of its functions (2) The right of children to assistance, including proper
(10) Appoint its officers and employees in accordance with care and nutrition, and special protection from all forms
law; and of neglect, abuse, cruelty, exploitation and other
(11) Perform such other duties and functions as may be conditions prejudicial to their development;
provided by law (3) The right of the family to a family living wage and
income; and
The most that may be conceded to the Commission (4) The right of families or family associations to
in the way of adjudicative power is that it may investigate, participate in the planning and implementation of policies
i.e., receive evidence and make findings of fact as regard and programs that affect them,
claimed human rights violations involving civil and political
rights. But fact finding is not adjudication, and cannot be
likened to the judicial function of a court of justice, or even
a quasi-judicial agency or official. (Carino v. CHR, G.R. No.

is beyond the competence of the Court to

(1) People’s Initiative on Statutes decide. ((Javellana v. Executive Secretary. 50
The power of initiative and referendum is the SCRA 30, (1973)))
power of the people to “propose and enact laws
or approve or reject any act or law or part
thereof passed by the Congress or local
legislative body.” (Art. VI, Sec. 32)
 The provision is not self-executing. (Santiago v. (1). Proposal – adoption of the suggested change
COMELEC, 270 SCRA 106(1997)) in the Constitution
- Executing Law: RA 6735 a. Congress (as a Constituent Assembly) –
vote of ¾ of ALL its members
 Valid for laws, ordinances, and resolutions, but b. Constitutional Convention – called into
NOT for amendments to the Constitution existence by (1) 2/3 of ALL members of
(Santiago, supra) Congress OR (2) the electorate, in a
referendum called for by the majority of the
i. Amendment v. Revision members of Congress (CONST., Art. XVII,
Sec. 3)
Amendment Revision c. People (through a People’s initiative) – a
 Broadly refers to a  Broadly implies a petition of at least 12% of the total number
change that adds, change that alters a of registered voters, and every legislative
reduces, deletes, basic principle in the district must be represented by at least 3%
without altering the Constitution, like of the registered voters therein.
basic principle altering the principle  No Amendment in this manner
involved. of separation of shall be authorized within 5 years
 GR: affects only powers or the system following the ratification of the
specific provisions of checks and 1987 Const. nor more often than
being amended balances. once every 5 years thereafter
 If the change alters  Constitutional provision on
the substantial amendments via People’s Initiative
entirety of the not self-executory (Defensor-
Constitution Santiago v. COMELEC, 270 SCRA
 Generally affects 170 (1997)
several provisions of  Two essential elements must be
the Constitution (Art. present:
XVIII, 1987 Const.) i. The people must author
and sign the entire
ii. Legal Tests proposal; no agent or
representative can sign in
(1). Quantitative test- The court examines the their behalf;
number of provisions affected and does not ii. As an initiative upon a
consider the degree of change; petition, the proposal must
be embodied in the
(2). Qualitative test- The court inquires into the petition. (Lambino, supra.)
qualitative effects of the proposed change in the
Constitution. The main inquiry is whether the (2). Ratification – proposed amendment shall
change will “accomplish such far-reaching changes be submitted to the people and shall be
in the nature of our basic governmental plan as to deemed ratified by the majority of votes
amount to a revision” ((Lambino v. COMELEC, G.R. cast in a plebiscite, held not earlier than 60
No. 174153. October 25, 2006)) days nor later than 90 days after:
a. Congress of by the ConCon; or
Doctrine of Proper Submission b. Certification by the COMELEC of the
A plebiscite may be held on the same day as a sufficiency of the petition of the people
regular election (Gonzales v. COMELEC, 21 SCRA
774). No “piecemeal submission” is allowed.
(Lambino, supra.) The entire Constitution must
be submitted for ratification at one plebiscite
only. The people must have a proper “frame of
reference (Tolentino v. COMELEC, 41 SCRA 702)
Justiciability
Although the question of whether a Constitution
was validly ratified is a justiciable question, the
question of whether a Constitution has come
into force and effect is a political question which

(A) Police Power

(B) Eminent Domain
(C) Power of Taxation
i. Definition
“The power vested in the legislature by the

Constitution to make, ordain, and establish all
manner of wholesome and reasonable laws,
statutes, and ordinances, either with penalties or
without, not repugnant to the Constitution, as
they shall judge to be for the good and welfare of
the commonwealth, and of the subjects of the
same.” (Bernas)
State authority to enact legislation that may

interfere with personal liberty or property in
order to promote the general welfare. (Edu v
Ericta, 35 SCRA 481, 1970)
The power of promoting public welfare by

restraining and regulating the use of liberty and
property. It enables to prohibit all that is hurtful
to the comfort, safety, and welfare of society.
(Ermita-Malate Hotel and Motel Operators
Association, Inc. v. Mayor of Manila, G.R. No. L –
24693, July 1, 1967)
ii. Nature and Purpose
“[It] is an inherent and plenary power which

enables the State to prohibit all that is hurtful to
the comfort, safety, and welfare of the society.
(Ermita-Malate Hotel and Motel Operators Assoc.,
Inc. v Mayor of Manila, GR No. L-24693, July 31,
1967)
“It is [also] the most pervasive, the least limitable

and the most demanding of the three powers. It
is the most essential, insistent and least limitable,
extending as it does “to all the great public
needs”. Hence, it may be exercised as long as it
has some relevant to the public welfare.
iii. Justification
 Salus populi est suprema lex - the welfare

of the people is the supreme law.
 Sic utere tuo ut alienum non laedas - so

use your own property as not to injure
another’s property. (Cruz, Isagani)
iv. Scope
General

The most essential, insistent, the least limitable

of powers, and most demanding of the three (2) Executive
powers, extending as it does to all the great By virtue of a valid delegation of legislative
public needs. (Ichong v. Hernandez, 101 Phil. 1155, power; it may also be exercised by the
1957) President and administrative boards.
Police power rests upon public necessity and GENERAL RULE: Police power primarily lodged
upon the right of the State and of the public to in the Legislative
self-protection. For this reason, its scope
expands and contracts with changing needs. EXCEPTION: Valid delegation to the President
(Churchill v. Rafferty, 32 Phil. 580, 1915) and Administrative Bodies as well as the
lawmaking bodies of Municipal Corporation or
Particular Aspects LGUs. Once delegated, the agents can exercise
The pervasive reach of police power has been only such legislative powers as are conferred on
used to justify measures: (H-M-S-W) them by the lawmaking body. ( MMDA vs. Bel-Air
Village Association, GR no. 135962, March 27,
(1) Public Health 2000)
(2) Public Morals
(3) Public Safety • Through the “general welfare clause”, the
(4) Public Welfare lawmaking bodies on all municipal levels,
including the barangay, exercise police power.
v. Limitations (Cruz)
• The Power of Eminent Domain may be used as an
(1) General implement of Police Power (Association of Small
(2) Due process Landownders in the Philippines v. Secretary of
Basis: “no person shall be deprived of life, Argrarian Reform, G.R. No. 78742, July 14, 1989)
liberty or property without due process of • The Power of Taxation may be used as an
law” (Sec.1, Art III, CONST.) implement of Police Power, particularly in
(3) Equal protection discouraging business or undertaking sought to
Basis: “xxx Nor shall any person be denied be restricted by the government (Lutz v. Araneta,
of equal protection of law” G.R. No. L-7859, December 22, 1955)
vi. Superiority of Police Power “The rigidity of the theory of separation of

governmental powers has, to a large extent, been
Police Power cannot be bargained away through relaxed by permitting the delegation of greater
the medium of a contract or a treaty. powers by the legislative and vesting a larger
1. Contract – The impairment clause must yield amount of discretion in administrative and
to the police power whenever the contract deals executive officials, not only in the executions of
with a subject affecting public welfare (Stone v. laws, but also in the promulgation of certain rules
Mississippi, 101 US 814) and regulations calculated to promote public
2. Treaty – The treaty is always subject to interest.”. (Calalang v. Williams, 70 Phil. 726, 1940)
qualification and amendment by a subsequent
law; it can never curtail or restrict the scope of
police power (Ichong v. Hernandez, G.R. No. L-
7995, May 31, 1957)
i. Definition
vii. Requisites for Valid Exercise
It is the power of the state to take or condemn
dprivate property for public use upon payment of
(1) Lawful subject or purpose just compensation. (Bernas)
The interests of the public generally, as
distinguished from those of a particular ii. Two Stages of Eminent Doman Cases
class, require the exercise of the police (1) The determination of the authority of the
power plaintiff to exercise the power of eminent
domain and the propriety of its exercise in the
(2) Lawful means context of the facts involved in the suit
The means are reasonably necessary for (2) The determination by the court of the just
the accomplishment of the purpose, and compensation for the property sought to be
not unduly oppressive upon individuals. taken. (Republic vs. Lim, GR no. 161656, June 29,
(US v. Toribio, 15 Phil. 85, 1910) 2005)
viii. Who may Exercise Police Power iii. Who May Exercise this Power
It is lodged primarily in the national legislature, but
(1) Legislature its exercise may be validly delegated to other
The police power is lodged primarily in the governmental entities and, in fact, even to private
national legislature. corporations: (Bernas)

Requisites of “Taking for Purposes of Eminent

(1) Congress Domain” (Republic v. Castellvi, 58 SCRA 336,
(2) President of the Philippines 1974)
(3) Municipal governments and other government 1. The expropriator must enter a private
entities property.
(4) Certain public corporations (i.e. NHA) 2. The entrance into private property
(5) Quasi-public corporations operating public must be for more than a momentary
utilities period.
3. The entry into the property should be
In the hands of Congress the scope of the power is under warrant or color of legal
plenary. It is as broad as the scope of police power authority.
itself. It can reach every form of property which the 4. The property must be devoted to public
State might need for public use. use or otherwise informally
appropriated or injuriously affected.
The delegated power of eminent domain of local 5. The utilization of the property for
governments is strictly speaking not a power of public use must be in such a way as to
eminent but of inferior domain – a share merely in oust the owner and deprive him of
eminent domain. It is only as broad as the eminent beneficial enjoyment of the property.
authority would allow it to be.
When is There Constructive Taking?
iv. Requisites for the Exercise of the Power of When there is destruction, restriction,
Eminent Domain diminution or interruption of the rights of the
1. Taking of private property ownership or of the common and necessary and
2. Said taking must be for public use enjoyment of the property in a lawful manner,
3. Payment of just compensation lessening or destroying its value (National Power
Corporation vs. Heirs of Macabangkil Sangkay,
Private Property GR no. 1655828, August 24, 2011).
General rule: Anything that can come under the
dominion of man is subject to expropriation, i.e.: Public Use
1. Real and personal properties Means public usefulness, utility, or advantage, or
2. Tangible and intangible properties what is productive of general benefit (Bernas).
Exceptions:
1. Money As long as public has right of use, whether
Would be futile because of the requirement exercised by one or many members of the public,
of just compensation, which is usually in a public advantage or public benefit accrues
money. sufficient to constitute a public use (Black’s Law
2. Cause of action Dictionary, as cited in Mañosca v. CA, 252 SCRA
“A personal right not reduced into 412, 1997).
possession but recoverable by a suit at law;
a right to receive, demand, or recover a If the genuine public necessity disappears, then
debt, demand or damages on a cause of there is no more cogent point for the
action ex contractu or for a tort or omission government’s retention of the expropriated land
of duty” (Vda de Ouano vs. Republic, GR No. 168770,
February 9, 2011).
Taking
In law, it has a broader connotation. It may When exercised by the Congress, the question of
include trespass without actual eviction of the genuine necessity is a political question which
owner, material impairment of the value of the the courts cannot resolve. When it is delegated,
property or prevention of the ordinary uses for the grant of such special authority for special
which the property was intended (Cruz). purpose is still a political question. Hence, it is a
justifiable question that can be resolved by the
Meaning of Taking (AD-MI-C-O) courts (City of Manila vs. Chinese Community of
1. The owner is actually deprived or Manila, GR no. L-14355, October 31, 1919).
disposed of the property.
2. There is practical destruction or • Traditional Concept – It refers to any use
material impairment of the value of directly available to the general public as a
his property matter of right and not merely of
3. The owner is deprived of jurisdiction, forbearance or accommodation (Cruz)
supervision and control of his property
4. The owner is deprived of the ordinary • Expansive Concept – Public use has now
use of his property (Republic vs. acquired an expansive meaning to include
Sandiganbayan, GR no 157847, August any use that is of usefulness, utility, or
25, 2005). advantage, or what is productive of general
benefit to the public (Vda. De Ouano v.
Republic, G.R. No. 168770, February 9, 2011)

Just Compensation The owner is entitled to payment of interest, if

claimed; otherwise, interest is deemed waived
The just and complete equivalent of the loss which (Urtula vs. Republic, GR no L-22061, January 31,
the owner of the thing expropriated has to suffer by 1968).
reason of the expropriation (Bernas).
Effect of Non-Payment
Expressed differently, the compensation given to the General Rule: The non-payment of just
owner is just if he receives for his property a sum compensation does not entitle the private
equivalent to its “market value.” While market value landowner to recover possession of
may be one of the bases in determining just expropriated lots.
compensation, the same cannot be arbitrarily arrived
at without considering the factors to be appreciated Exception: In cases where the government failed
in arriving at the fair market value of the property. e.g. to pay just compensation within five (5) years
cost of acquisition, the current value of like from the finality of the judgment in the
properties, size, shape, location, tax declaration expropriation proceedings, the owners
(Landbank v. Wycoco, GR No. 140160, January 13, 2004). concerned shall have the right to recover
possession of their property (Republic vs. Lim).
Fair Market Value
The price that may be agreed upon by the parties who The power of eminent domain could be used as
are willing but are not compelled to enter into a an implementation of the police power
contract of sale. Otherwise stated, it is the price Where the owner is unwilling to sell, the power
prepared to be paid by a party who is willing, but not of eminent domain will come into play to assert
compelled to purchase the property, and the price by the paramount authority of the State. Private
which the seller is willing to par with, but not rights must yield to the demand of public
compelled, to sell the property (National Power interest on the time honored justification, as in
Corporation vs. Dela Cruz, GR no. 16093, February 2, the case of police power, that the welfare of the
2007). people is the supreme law (Association of Small
Landowners v. Sec. of Agrarian Reform, 175 SCRA
Point of reference for assessing the value of a piece 343).
of property
Regulation Taking
General Rule: The value of the property sought to be Exercise of Police Power Power of
taken at the time of the filing of the complaint for power Eminent Domain
expropriation which generally coincides with the Compensation Not required Prescribed by
taking shall be the basis for just compensation; Constitution
Purpose Appropriated for Prevent injury to
But: use by or for the public welfare
1. When filing of the case comes benefit of the and to public
later than the taking and the value public interest
of the property has increased
because of the use which the v. Due Process
expropriator has put it, the value Property owned must be given an opportunity to be heard
is that of the time of the earlier in the determination of the fair market value of the
taking. property (Sec 3, Rule 67, ROC).
2. If the value increases vi. Requisites of Exercise of Eminent Domain By LGU’s

independently of what the (Municipality of Paranaque vs. VM Realty Corp, GR no
expropriator did, the value is that 127820, July 20, 1998) (O-PU-JC-O)
of the later filing.
(1) Ordinance by the local legislative council
authorizing the local chief executive to exercise
Consequential Damage the power of eminent domain
It consists of injuries directly caused on the
(2) For public use, purpose or welfare or for the
residue of the private property taken by the
benefit of the poor and of the landless
reason of expropriation (Cruz).
(3) Payment of just compensation; and
(4) Valid and definite offer has been previously
Effect of Delay in Payment
made to the owner of the property sought but
The government is expected to immediately pay
such offer was refused
as directed.
The power of eminent domain as exercised by the
The trial court is directed to seize any
LGUS is not strictly speaking, a power of eminent
patrimonial property or cash savings of the
domain. It is merely a power of inferior domain which
province in the amount necessary to implement
means that local government units can only exercise
the decision (Provincial Government of Sorsogon
such power which is delegated to it (Suarez).
vs. Villaroya, GR no. L-64037, August 27, 1987).

The power of the eminent domain may be exercised measure is so unconscionable as to amount
by LGUs for urban and reform purposes but to confiscation of property, the Court will
expropriation of privately owned lands must be invalidate it. But invalidating a tax measure
resorted to only after all other lands has been must be exercised with utmost caution;
exhausted (Sec 10, RA 7279). otherwise, the State’s power to legislate for
the public welfare might be seriously
curtailed
Double Taxation
There is double taxation when additional taxes
i. Definition
are laid on the same subject by the same taxing
jurisdiction during the same taxing period and
It is the power by which the sovereign, through
for the same purpose (Cooley).
its law-making body, raises revenue to defray the
necessary expenses of government. It is a way of
There is no provision in the Constitution
apportioning the costs of government among
specifically prohibiting double taxation. Our
those who in some measure are privileged to
Supreme Court has not categorically held that
enjoy its benefits and must bear its burdens.
double or multiple taxation is prohibited in our
jurisdiction. Despite the lack of a specific
ii. Nature prohibition, however, double taxation will not be
Enforced proportional contributions from allowed if it results in a violation of the equal
persons and property, levied by the State by protection clause (Cruz).
virtue of its sovereignty, for the support of
government and for all public needs (Cooley, Impairment of Obligation of Contracts
Taxation, 4th ed.). The State’s inherent power of taxation may
validly limit the impairment clause.
Extent
The extent of the taxing power is as broad as the Generally, the imposition of a tax does not alter
the relationship between the parties but only the
purpose for which it is given (Bernas).
relationship between the parties and the State
Reaches every trade or occupation, to every who may not be a party to the contract.
object of industry, use or enjoyment, to every
It has been held that a lawful tax on a new
species of possession (Cooley).
subject, or an increased tax on an old one, does
So pervasive is the power of taxation that it
not interfere with a contract or impairs its
reaches even the citizen abroad and his income
obligation within the meaning of the
earned from sources outside his State (Cruz).
Constitution.
iii. Purpose
 To raise revenue vi. Tax Exemption
 Tool for regulation May either be constitutional or statutory in
 Protection/ power to keep alive nature.
Limitations to Creating Tax Exemptions

iv. Inherent Limitation Inherent to the power to tax is the power to
Found in the very nature of the power itself,
exempt from tax. Hence, the same general and
these include: specific limitations on the power to tax also
(1) Public purpose apply to the power to create exemptions
(2) Non-delegability
(Bernas).
(3) Exemption of government from
taxation
Unlike the ordinary legislation, tax measures
(4) Situs of taxation
require absolute majority of the entire
(5) International comity
composition of both houses of congress, voting
separately. The former requires only majority of
v. Constitutional Limitations members present as long as there is a quorum
Those expressly found in the Constitution, or
implied from its provisions. These include: Rationale to Strict Construction of Tax
(1) Taxes should be uniform and equitable Exemptions
(Section. 28(1), Art. VI) Reason for Sec. 28(4), Art. VI of the 1987
(2) Power to tax exists for the general welfare; Constitution:
should be exercised only for a public purpose • Tax exemptions should not be lightly
(Section. 28(2), Art. VI) extended since they will represent a loss of
(3) Might be justified as for public purpose even revenue to the government.
if the immediate beneficiaries are private • Where tax exemption is granted
individuals gratuitously, it may be validly revoked at
(4) Tax should not be confiscatory: If a tax will, with or without cause.

• If the exemption is granted for valuable (1) Lawful (1) Private property. Taxes should
consideration, it is deemed to partake of the subject or (2) Genuine be:
nature of a contract and the obligation purpose Necessity.
thereof is protected against impairment. (3) For public use. (1) Uniform
(2) Lawful (4) Payment of Just (same
vi. Power of Taxation as A Legitimate Police Power means Compensation. person/
Objective (5) Due Process class taxed
It is inherent in the power to that a state be free to at same rate)
select the subjects of taxation, and it has been
repeatedly held that “inequities which result from (2) Equitable
singling out of one particular class for taxation or
exemption infringe no constitutional limitation.”
ii. Similarities and Differences
Taxation has been made the implement of the state’s
police power (Tio v. Videogram Regulatory Board, 151
Similarities
SCRA 208).
(1) Inherent in the State (Exercised even
without need of express constitutional
vii. Entities and Matters Exempt from Some Kind of
grant)
Taxes by the Constitution
(2) Necessary and indispensable (State cannot
be effective without them)
(1) Charitable institution, churches, and personages
(3) Method by which state interferes with
or convents appurtenant thereto, mosques, non-
private property
profit cemeteries, and all lands, building, and
(4) Presuppose some equivalent compensation
improvements actually, directly, and exclusively
(5) Exercised primarily by the legislature
used for religious, charitable or educational
purposes (Sec. 28(3), Article VI, CONST).
o A gift tax is not a property tax, but an excise
EMINENT
tax imposed on the transfer of property by POLICE POWER TAXATION
DOMAIN
way of gift inter vivos, the imposition of
which a property used exclusively for Extent of Power
religions purpose does not constitution Regulates liberty Affects only property rights
impairment of the constitution (Lladoc vs. and property
Commissioner of Internal Revenue, GR No. Power exercised by whom
L-19201, June 16, 1965) Exercised only by the Maybe
government exercised by
(2) All revenues and assets of non-stock, non-profit private entities
educational institution used actually, directly and if conferred by
exclusively for educational purposes shall be law
exempt from taxes and duties (Sec 4(3), Par 1, Nature of the property taken
Article XIV, CONST). Property is Property is wholesome
noxious or
(3) Proprietary educational institution including intended for a
those cooperatively owned may likewise be noxious purpose
entitled to such exception subject to the Compensation
limitation provided by the law (Sec 4(3), Article None, the None, the Just
XIV, CONST) altruistic feeling protection Compensation.
that one has given and Full and fair
(4) All grants endowments donation or contributions contributed to public equivalent of the
used actually, directly and exclusively for the public good. improvements property taken.
educational purpose shall be exempt from tax instituted by
subject to conditions prescribed by law (Sec 4(4), the state
Aritcle XIV, CONST). because of
o e.g, RA 9304 which exempts minimum wage taxes.
earners from paying income tax, increases Delegation
tax exemption for all earners and allows GENERAL RULE: GENERAL [It] is lodged
additional exemptions for all earners and Police power RULE: primarily in the
allows additional exemptions for individuals primarily lodged Taxing power national
with dependents/children. in the Legislative is non- legislature, but
delegable. its exercise may
EXCEPTION: be validly
Valid delegation EXCEPTION: delegated to
to the President (a) delegation other
i. Requisites for Valid Exercise and to the governmental
Administrative President of entities and, in
POLICE EMINENT TAXATION Bodies as well as some tariff fact, even to
POWER DOMAIN the lawmaking powers, and private
bodies of

Municipal (b) Local corporations: i. Definition

Corporation or government (Bernas) The Bill of Rights (Article III) governs the
LGUs. Once unit’s fiscal relationship between the individual and the
delegated, the autonomy for State. Its concern is not the relation between
agents can their self- private individuals. It declares some forbidden
exercise only serving needs. zones in the private sphere inaccessible to any
such legislative power holder (People v. Marti, G.R. No. 81561, Jan.
powers as are 18, 1991).
conferred on While the whole Constitution guarantees rights,
them by the Article III contains the chief protection of human
lawmaking body. rights:
( MMDA vs. Bel- (1) Civil rights – rights that belong to an
Air Village individual by virtue of his citizenship in a
Association, GR state or community (e.g. rights to property,
no. 135962, March marriage, freedom to contract, equal
27, 2000) protection, etc.)
(2) Political rights – rights that pertain to
In the exercise of police power, the deprivation of the use an individual’s citizenship vis-à-vis the
of the property may be total, but it will not constitute management of the government (e.g. right
compensable taking if nobody else acquires use of the of suffrage, right to petition government
property or any interest therein. (Dipidio Earth-Savers for redress, right to hold public office, etc.)
Multipurpose Association v. Gozun, G.R. No. 157882, March (3) Social and economic rights – rights
30, 2006) which are intended to insure the well-
If regulation is the primary purpose, the fact that revenue being and economic security of the
is incidentally raised does not make the imposition a tax. individual
(Gerochi v. Department of Energy, 2007) (4) Rights of the accused – civil rights
intended for the protection of a person
Taxes v. Special Assessment accused of any crime
TAX SPECIAL ASSESSMENT The Bill of Rights is designed to preserve the
Imposed Imposed because of an increase ideals of liberty, equality and security "against
regardless of in value of land benefited by the assaults of opportunism, the expediency of
public public improvement. the passing hour, the erosion of small
improvements encroachments, and the scorn and derision of
Contribution of a Contribution of a person for the those who have no patience with general
taxpayer for the construction of a public principles.” (Philippine Blooming Mills
support of the improvement Employees Organization v. Philippine Blooming
government Mills Co., Inc., 1973)
ii. Bases and Purpose
Bases
Taxes v. License Fees (1) Importance accorded to the dignity and
TAX LICENSE FEES worth of the individual.
(2) Protection against arbitrary actions of
Levied to raise Imposed for regulatory
government and other members of society
revenues purposes in the exercise of
police power
Purpose
Amount to be Amount is invariably limited to (1) To preserve democratic ideals
collected is cover the expenses of issuing (2) To safeguard fundamental rights
unlimited provided the license and the cost of the (3) To promote the happiness of an individual
it is not necessary surveillance,
confiscatory inspection or government
supervision
Imposed on Imposed for the regulation of
persons, property, lawful business or occupation
privilege,
occupation or i. Definition
business
If unpaid, the If unpaid, the business or Due Process defined,
business or activity activity itself can become Due Process is a guaranty against any
does not become illegal arbitrariness on the part of the government,
illegal. whether committed by the legislature, the
executive, or the judiciary (Cruz).
Due Process means that:

(1) There shall be a law prescribed in harmony
with the general powers of the legislature;

(2) It shall be reasonable in its operation; (2) The means employed are reasonably
(3) It shall be enforced according to the necessary for the accomplishment of the
regular methods of procedure prescribed; purpose and not unduly oppressive upon
and individuals.
(4) It shall be applicable alike to all citizens of ii. Procedural Due Process
the State or to all of a class (People v. Cayat,  Relates chiefly to the mode of
G.R. No. L-45987, May 5, 1939). procedure which government
agencies must follow in the
ii. Scope enforcement and application of laws.
(1) Life  It is “a law which hears before it
(2) Liberty condemns; which proceeds upon
(3) Property enquiry, and renders judgment only
after trial.”
iii. Relativity of Due Process  Contemplates notice and opportunity
The concept of due process is flexible for not all to be heard before judgment is
situations calling for procedural safeguards call rendered, affecting one’s person or
for the same kind of procedure. (Secretary of property. (Lopez v Dir. of Lands)
Justice v. Lantion, 2000)  The heart of procedural due process,
whether in judicial or administrative
To say that the concept of due process is flexible proceedings, is the need for notice and
does not mean that judges are at large to apply it an opportunity to be heard.
to any and all relationships. Its flexibility is in its
scope once it has been determined that some Notice
process is due; it is a recognition that not all Due process, which is a rule of fairness, requires
situations calling for procedural safeguards call that those who must obey a command must first
for the same kind of procedure. (Morrissey v. know the command.
Brewer, 1972)
The rule on publication of laws prior to their
iv. Constitutional v. Statutory Due Process effectivity applies to:
(1) Statutes
CONSTIUTIONAL DUE STATUTORY DUE (2) Presidential decrees and executive
PROCESS PROCESS orders promulgated by the President in
Protects the individuals While found in the the exercise of his legislative powers as
from the government labor code and delegated by congress or directly
and assures him of his implementing conferred by the Constitution
rights in criminal, civil, or (3) Administrative rules and regulations, if
administrative their purpose is to enforce or
proceedings implement existing law pursuant to a
valid delegation.
v. Impartiality
• DOES NOT apply to interpretative
The Supreme Court has repeatedly and consistently
regulations and to those merely internal in
demanded the cold neutrality of an impartial judge as
nature.
the indispensable imperative of due process. To
bolster that requirement, [SC] held that the judge
“The publication of all presidential issuances of
must not only be impartial but must also appear to be
a public nature or of general applicability is a
impartial as an added assurance to the parties that his
requirement of due process. It is a rule of law
decision will be just. (Javier v. COMELEC, 144 SCRA
that before a person may be bound by law, he
194)
must first be officially and specifically informed
of its contents.” (Tañada v. Tuvera, 136 SCRA 27)
Due Process in Judicial Proceedings

Requisites (Banco Español v. Palanca, 37 Phil
921)
i. Substantive Due Process (1) An impartial court or tribunal clothed
 The prohibition of arbitrary laws. with judicial power to hear and
 A guarantee against the exercise of determine the matter before it;
arbitrary power even when the power (2) Jurisdiction must be lawfully acquired
is exercised according to proper forms over the person of the defendant or
and procedure. over the property which is the subject
of the proceedings;
Requisites (3) The defendant must be given notice
(1) The interests of the public in general, as and opportunity to be heard; and
distinguished from those of a particular (4) Judgment must be rendered upon
class, require the intervention of the state. lawful hearing.

serious as those of a criminal prosecution. The

Due Process in Administrative Proceedings provisions of the Rules of Court for criminal
Requisites (Ang Tibay v. CIR, 69 Phil 635) cases are applicable (Lao Gi v. CA, GR. No. 81789,
(1) The right to a hearing, which includes Dec. 29, 1989.).
the right to present one’s own case and
submit evidence in support thereof; Instances When Hearings are Not Necessary
(2) The tribunal must consider the (1) When administrative agencies are
evidence presented; exercising their quasi-legislative
(3) The decision must have something to functions
support itself; (2) Abatement of nuisance per se
(4) The evidence must be substantial; (3) Granting by courts of provisional remedies
(5) The decision must be based on the (4) Cases of preventive suspension
evidence presented at the hearing, or at (5) Removal of temporary employees in the
least contained in the record and government service
disclosed to the parties affected; (6) Issuance of warrants of distraint and/or
(6) The tribunal or body or any of its levy by the BIR Commissioner
judges must act on its own independent (7) Cancellation of the passport of a person
consideration of the law and facts of the charged with a crime
controversy, and not simply accept the (8) Suspension of a bank’s operations by the
views of a subordinate; Monetary Board upon a prima facie finding
(7) The board or body should, in all of liquidity problems in such bank
controversial questions, render its
decision in such manner that the
parties to the proceeding can know the
various issues involved, and the reason
for the decision rendered. i. Definition
The quantum of proof in administrative A statute is vague when it lacks comprehensible

proceedings in substantial evidence. Substantial standards that men of common intelligence must
necessarily guess at its meaning and differ in its
evidence means “such reasonable evidence as a
application.
reasonable mind might accept as adequate to
support a conclusion.”
A vague statute is unconstitutional because:
(1) It violates due process for failing to accord
In administrative proceedings, technical rules of
persons fair notice of what conduct to
procedure and evidence are not strictly applied
avoid;
and administrative due process cannot be fully
(2) It leaves law enforcers unbridled discretion
equated with due process in its strict judicial
in carrying out its provisions.
sense. (Samalia v. CA, 454 SCRA 438)
Due Process in Student Discipline Proceedings

Student discipline proceedings may be summary
and cross-examination is not an essential part
thereof. However, to be valid, the following Human Rights favored over Property Rights
requirements must be met: When the Bill of Rights also protects property rights,
the primacy of human rights over property rights
(1) Written notification sent to the student/s is recognized. Because these freedoms are “delicate
informing the nature and cause of any and vulnerable, as well as supremely precious in our
accusation against him/her; society” and the “threat of sanctions may deter their
(2) Opportunity to answer the charges, with exercise almost as potently as the actual application
the assistance of a counsel, if so desired; of sanctions,” they “need breathing space to survive,”
(3) Presentation of one’s evidence and permitting government regulation only “with narrow
examination of adverse evidence; specificity.” (Philippine Blooming Mills Employees
Organization v. Philippine Blooming Mills Co., Inc.,
(4) Evidence must be duly considered by the
1973)
investigating committee or official
Running through various provisions of the
designated by the school authorities to hear
Constitution are various provisions to protect
and decide the case (Guzman v. NU, G.R. No.
property—but always with the explicit or implicit
L-68288, July 11, 1986).
reminder that property has a social dimension and
(5) The penalty imposed must be
that the right to property is weighted with a social
proportionate to the offense.
obligation.
Due Process in Student Deportation

Proceedings
Although deportation proceedings are not
criminal in nature, the consequences can be as

Equal Protection defined, Rational basis examination is a standard of

The guarantee of equal protection simply means judicial review for economic legislation. Using
“that no person or class of persons shall be deprived the rational basis examination, laws or
of the same protection of the laws which is enjoyed ordinances are upheld if they rationally further a
by other persons or other classes in the same place legitimate governmental interest (White Light
and in like circumstance.” (Tolentino v. Board of Corporation v. City of Manila, G.R. No. 122846,
Accountancy, 90 Phil 83) 2009).
It is against undue favor and individual or class The rational basis test was properly applied to
privilege, as well as hostile discrimination or the gauge the constitutionality of the assailed law in
oppression of inequality. It is not intended to the face of an equal protection challenge. Under
prohibit legislation which is limited either by the this test, it is sufficient that the legislative
object to which it is directed, or by the territory to classification is rationally related to achieving
which it is to operate. It does not demand absolute some legitimate state interest. (British American
equality; it merely requires that all persons shall be Tobacco v. Camacho, G.R. No. 163583, 2009)
treated alike, under like circumstances and
conditions both as to privileges conferred and ii. Strict Judicial Scrutiny
liabilities enforced (Ichong v. Hernandez, 101 Phil Scrutiny test is a standard of judicial review for
1155). laws dealing with freedom of the mind or
restricting the political process, focuses on the
presence of compelling governmental interest
and on the absence of less restricting means for
achieving such interest. (White Light Corporation
v. City of Manila, supra)
i. Requisites for Valid Classification A legislative classification which impermissibly
(a) Be germane to the purposes of law interferes with the exercise of a fundamental
(b) Not limited to existing conditions only right or operates to the peculiar disadvantage of
(c) Applied equally to all members of the same a suspect class is presumed unconstitutional,
class and the burden is upon the government to prove
(d) Rest on substantial distinctions (People v. that the classification is necessary to achieve a
Cayat, G.R. No. L- 45987, 1939) compelling state interest and that it is the least
restrictive means to protect such interest.
(Bernas)
ii. Application
iii. Intermediate Scrutiny Test or Middle Tier Test
R.A. No. 9262 (VAWC) is not violative of equal Immediate scrutiny test is a standard of judicial
protection clause because there is a valid review for classifications based on gender and
classification. The unequal power relationship legitimacy. It extensively examines
that women are more likely to be victims of governmental interest and the availability of less
violence and the widespread gender bias and restrictive measures is considered. (White Light
prejudice against women make for real Corporation v. City of Manila, supra)
differences justifying the classification. (Garcia v.
Hon. Drilon, G.R. No. 179267, 2013) The government must show that the challenged
classification serves as an important state
The RH Law does not violate the EPC when it interest and that the classification is at least
provided that the poor are to be given priority in substantially related to serving that interest.
the government’s reproductive health care (Bernas)
programs. Pursuant to Sec. 11, Art. XIII of the 1987
Constitution which recognizes the distinct
necessity to address the needs of the
underprivileged by providing that they be given
priority in addressing the health development of
the people. It should be noted that Section 7 of
RH Law prioritizes poor and marginalized
couples who are suffering from fertility issues  The constitutional guarantee is not a prohibition to all
and desire to have children. (Imbong v. Ochoa , searches and seizure but only unreasonable searches
G.R. No. 204819, 2014) and seizure
 It becomes unreasonable in the absence of a warrant
 It is also a guarantee against unlawful arrests and
other forms of restraint on the physical liberty of the
person.
General Rule: Searches and seizures are unreasonable
i. Rational Basis Scrutiny

Exception: Unless authorized by a validly issued search (3) when the things described are limited
warrant or warrant of arrest to those which bear direct relation to
the offense for which the warrant is
being issued. (Bache & Co. v. Ruiz, 37
Civil Action for Damages
SCRA 823)
Art. 32 of the New Civil Code renders any public officer or
employee or any private individual liable in damages for
General Warrants
violating the Constitutional rights and liberties of another.
Outlawed by the Constitution.
 Art. 32 speaks of an officer or employee or It would place the sanctity of the domicile and
person “directly” or “indirectly” responsible for the privacy of communication and
the violation of the Constitutional rights and correspondence at the mercy of the whims,
liberties of another. It is not the actor alone who caprice or passion of peace officers. (Stonehill v.
must answer for damages under Art. 32; the Diokno, G.R. No. L-19550)
person directly responsible has also to answer
for the damages or injury caused to the
Warrant must be specific in terms of
aggrieved party. (Aberca v. Ver, 160 SCRA 590)
description
A general warrant infringes on the constitutional
mandate requiring particular description of the
things to be seized. It considered null and void.
(Nolasco v. Paño, 139 SCRA 152)
i. Search Warrant Sufficiency of description

A description of the place to be searched is
Requisites for Issuance of Search Warrant sufficient if the officer serving the warrant can,
(1) It must be issued upon probable cause; with reasonable effort ascertain and identify the
(2) Probable cause must be determined personally place intended and distinguish it from other
by the judge himself; places in the community. A designation or
(3) Judge must examine, under oath or affirmation, description that points out the place to be
the complainant and such witnesses as the later searched to the exclusion of all others, and on
may produce; and inquiry unerringly leads the police officers to it,
(4) the warrant issued must particularly describe satisfies the constitutional requirement of
the place to be searched and the persons or definiteness (People v. Tee, 395 SCRA 419).
things to be seized. (Pasion vda. de Garcia v.
Locsin, 65 Phil 689) John Doe warrant
A “John Doe warrant” satisfies the requirement
of particularity of description when it contains a
Procedure to determine probable cause to search descriptio personae such as will enable the officer
Mere affidavits of the complainant and his witnesses to identify the accused. (People v. Veloso, 48 Phil.
are thus not sufficient. The examining Judge has to 169)
take depositions in writing of the complainant and the
witnesses he may produce and attach them to the ii. Arrest Warrant
record. Such written deposition is necessary in order
that the judge may be able to properly determine the Requisites for Issuance of Arrest Warrant
existence or non-existence of the probable cause, to Conditions that must concur for the issuance of
hold liable for perjury the person giving it if it will be the warrant of arrest: (Samulde v. Salvani, Jr, 165
found later that his declarations are false. (Mata v. SCRA 734)
Bayona, 128 SCRA 388)
The investigating judge must:
It is axiomatic that the examination must be (1) Have examined in writing and under
probing and exhaustive, not merely routinary or oath the complainant and his
pro-forma, if the claimed probable cause is to be witnesses by searching questions and
established. (Roan v. Gonzales, 145 SCRA 687) answers;
(2) Be satisfied that a probable cause
Particular description of the things to be exists; and
seized (3) That there is a need to place the
A search warrant may be said to particularly respondent under immediate custody
describe the things to be seized: in order not to frustrate the ends of
(1) when the description therein is as justice.
specific as the circumstances will
ordinarily allow; NOTE:
(2) when the description expresses a • It is not obligatory, but merely
conclusion of fact not of law by which discretionary, upon the investigating judge
the warrant officer may be guided in to issue that warrant for the arrest, even
making the search and seizure; or after having personally examined the

complainant and his witnesses in the form

of searching questions and answers, for the i. In Flagrante Delicto
determination of whether probable cause
exists and whether it is necessary to arrest The person making the arrest himself witnesses
the accused in order not to frustrate the the crime and has personal knowledge of the
ends of justice, is left to his sound judgment commission of the offense (People v. Villareal,
or discretion. (Samulde v. Salvani, Jr., supra.) 693 SCRA 549)
• The evidence offered by the complainant
and his witnesses should be based on their Requisites of In Flagrante Delicto:
own personal knowledge and not on mere 1. The person to be arrested has
information or belief. Hearsay is not executed an overt act indicating that
allowed. (Cruz, p.148) the has just committed, is actually
committing, or is attempting to
Personal knowledge commit a crime
(1) The person to be arrested must 2. Such overt act was done in the
execute an overt act indicating that he presence or within the view of the
had just committed, is actually arresting officer
committing, or is attempting to
commit a crime; and Note: reliable information, absent any overt act,
(2) Such overt act is done in the presence is not sufficient to constitute probable cause that
or within the view of the arresting would justify an in flagrante delicto arrest
officer.
ii. Hot Pursuit
RTC judges need not personally examine
complainant It does not require the arresting officer or
It does not necessarily mean that the person to personally witness the commission of
Constitution now requires the judge to the offense. However, there must be immediacy
personally examine the complainant and his between the time of the commission of the crime
witnesses in his determination of probable cause and the time of the arrest. (People v. Del Rosario,
of the issuance of the warrants. What the 305 SCRA 740, 760)
Constitution underscores is the exclusive and
personal responsibility of the issuing judge to Requisites of Hot Pursuit:
satisfy himself of the existence of probable 1. An offense has just been committed
cause. In satisfying himself of the existence of 2. The person making the arrest has
probable cause for the issuance of a warrant of personal knowledge of facts indicating
arrest, the judge is not required to personally that the person to be arrested has
examine the complainant and his witnesses. committed it.
(Soliven v. Makasiar, 167 SCRA 393)
The petitioners were not “caught in the act” does
Requisites for proper evaluation of an RTC not make the arrest illegal. Petitioners were
judge found with young boys in their respective rooms,
(1) The judge shall personally evaluate the in some cases naked. Under the circumstances,
report and the supporting documents the CID agents had reasonable ground to believe
submitted by the fiscal regarding the that the petitioners had committed pedophilia.
existence of probable cause and, on the (Harvey v. Defensor-Santiago)
basis thereof, issue a warrant of arrest;
or iii. Escaped Prisoner
(2) If on the basis thereof he finds no When the person to be arrested is a prisoner who
probable cause, may disregard the has escaped from a penal establishment or place
fiscal’s report and require the where he is serving final judgment or
submission of supporting affidavits of temporarily confined while his case is pending,
witnesses to aid him in arriving at a or has escaped while being transferred from one
conclusion on the existence of confinement to another.
probable cause.
iv. Fruit of a Poisonous Tree Doctrine
General Rule: A warrant is needed in order to validly effect If the arrest without a warrant is unlawful at the
an arrest time it was made, generally nothing that
happened or was discovered afterwards can
Exception: make it lawful. The fruit of the poisonous tree is
Lawful Warrantless Arrest: necessarily also tainted. The Constitution itself
1. In Flagrante Delicto mandates that any evidence obtained in violation
2. Hot Pursuit of the right is inadmissible in evidence.
3. Escaped Prisoner (Sec. 5, Rule 113, ROC) Consequently, testimonies of the arresting
officers as to the admission made by the

appellant cannot be used against him. (People v. Exceptions to the requirement of a valid warrant:
Burgos) 1. Search incident to a lawful arrest
2. Seizure of evidence in “plain view”
NOTE: Illegality of arrest may be cured when 3. Search of a moving vehicle
accused voluntarily submitted to the jurisdiction 4. Consented warrantless search (waiver of right)
of the court by pleading not guilty without 5. Search in violation of customs law (customs
questioning the illegality of the arrest. (People v search)
Escordial) 6. Stop and frisk or Terry searches
7. Exigent and emergency circumstances
Petitioners effectively waived the inadmissibility 8. Search of vessels and aircraft
of evidence illegally obtained when he failed to 9. Inspection of building and other premises for the
raise the issue during trial. Issues not raised enforcement of fire, sanitary and building
during trial cannot be pleaded for the first time regulations
on appeal. (Manalili v. CA)
i. Incident to a Lawful Arrest
EFFECT OF BAIL
An application or admission to bail is not a bar to It is a general rule that, as an incident of an
challenge the legality of the arrest or warrant, or from arrest, the place or premises where the arrest
assailing the absence of a preliminary investigation was made can also be searched without a search
(Sec. 26, Rule 114, ROC) warrant. (Nolasco v. Paño, supra.)
• A lawful arrest must precede the search of a

person and his belongings. (People v. Chua,
396 SCRA 657)
• A warrantless search incidental to a lawful

arrest may be made only within the
What May be Seized? permissible area of search, or the place
Sec. 3, Rule 126 of the New Rules of Criminal Procedure within the immediate control of the person
Personal property to be seized. - A search warrant may be being arrested.
issued for the search and seizure of personal property:
1. Subject of the offense; ii. Search of Moving Vehicles
2. Stolen or embezzled and other proceeds, or
fruits of the offense; or The rules governing search and seizure have over
3. Used or intended to be used as the means of the years been steadily liberalized whenever a
committing an offense. moving vehicle is the object of the search on the
basis of practicality. (Caballes v. CA, 373 SCRA 221)
Exclusionary Rule
Sec. 3(2), Art. III, Constitution: Justification
(2) Any evidence obtained in violation of this or It is not practicable to secure a warrant because
the preceding section shall be inadmissible for the vehicle can be quickly moved out of the
any purpose in any proceeding. locality or jurisdiction in which the warrant must
be sought.
Evidence obtained in violation of Art. III, Sec.2 shall be
inadmissible for any purpose in any proceeding. (Stonehill Limitations
v. Diokno, 20 SCRA 383) Mere mobility of vehicles, however, does not give
the police officers unlimited discretion to
Seizure is limited to those items particularly described in conduct indiscriminate searches without
a valid search warrant. Searching officers are without warrants if made within the interior of the
discretion regarding what articles they shall seize. territory and in the absence of probable cause.
Evidence seized on the occasion of such an unreasonable Still and all, the important thing is that there was
search and seizure is tainted and excluded for being the probable cause to conduct the warrantless search,
proverbial “fruit of a poisonous tree.” (Del Rosario v. People, which must still be present in such a case.
G.R. No. 142295) (Caballes v. CA, supra.)
To come under the exclusionary rule, however, the iii. Seizure of Evidence in Plain View
evidence must be obtained by government agents and not
by private individuals acting on their own (Bernas). Objects falling in the plain view of an officer who
has a right to be in the position to have that view
A private person or entity, however, may be held liable for are subject to seizure and may be introduced in
illegal search under Art. 32 of the New Civil Code. evidence. (Harris v. United States, 390 U.S. 234)
General Rule: A warrant is required before a law enforcer Requisites of the Plain View Doctrine
can validly search or seize (1) the law enforcement officer in search
of the evidence has a prior

justification for an intrusion or is in a While probable cause is not required to conduct

position from which he can view a a “stop and frisk,” it nevertheless holds that mere
particular area; suspicion or a hunch will not validate a “stop and
(2) the discovery of evidence in plain view frisk” (Malacat v. CA, GR No. 132595). A genuine
is inadvertent; reason must exist, in light of the police officer’s
(3) it is immediately apparent to the experience and surrounding conditions, to
officer that the item he observes may warrant the belief that the person detained has
be evidence of a crime, contraband or weapons concealed about him (Bernas).
otherwise subject to seizure. (People v.
Go, 411 SCRA 81) Purpose: To allow the officer to pursue his
investigation without the risk of violence.
iv. Waiver of Right (Consented)
Two-fold interest of “Stop and Frisk” rule
The right to be secure from unreasonable search (1) the general interest of effective crime
may, like every right, be waived and such waiver prevention and detection, which
may be made either expressly or impliedly. underlies the recognition that a police
However, the person must know of such right officer may, under appropriate
and knowingly decide not to invoke it (Bernas). circumstance and in an appropriate
manner, approach a person for
No waiver is to be presumed where the person purposes of investigating possible
merely submits to the arresting officer in criminal behavior even without
manifestation of his respect for authority or probable cause;
where he allows entry into his home as a sign of (2) the more pressing interest of safety and
hospitality and politeness. self-preservation which permit the
police officer to take steps to assure
Where implied acquiescence was not more than himself that the person with whom he
passive conformity given under intimidating or deals is not armed with a deadly
coercive circumstances, no consent to the illegal weapon that could unexpectedly and
search or seizure can be implied (Cruz). fatally be used against the police
officer.
Requirements for Waiver:
1. The right exists vi. Drug, Alcohol, and Blood Tests
2. The person involved had actual or
constructive knowledge of the The Court held that Randomized Drug Testing
existence of such right (RDT) for students and employees does not
3. The said person had an actual intention violate the right to privacy in the Constitution.
to relinquish the right Students do not have rational expectation of
privacy since they are minors and the school is in
v. “Stop-and-frisk” loco parentis. Employees and students in
universities, on the other hand, voluntarily
The act of a police officer to stop a citizen on the subject themselves to the intrusion because of
street, interrogate him, and pat him for their contractual relation to the company or
weapon(s) or contraband. (People v. Chua, supra.) university.
When an officer is justified in believing that the But it is unconstitutional to subject criminals to
individual whose suspicious behavior he is RDT. Subjecting criminals to RDT would violate
investigating at close range is presently their right against self-incrimination.
dangerous to him or to others, he may conduct
a limited protective search for concealed It is also unconstitutional to subject public
weapons. (Terry v. Ohio, supra.) officials whose qualifications are provided for in
the Constitution (e.g. members of Congress) to
A checkpoint is akin to a stop-and-frisk situation RDT. Subjecting them to RDT would amount to
whose object is to either determine the identity imposing an additional qualification not provided
of suspicious individuals or to maintain the for in the Constitution. (SJS v. Dangerous Drugs
status quo momentarily while the police officers Board, 2008)
seek to obtain more information (Valmonte v. De
Villa, G.R. No. 83988)
Checkpoints are not illegal per se. For as long as

the vehicle is neither searched nor its occupants Deportation Proceedings
subjected to a bodily search, and the inspection
 are administrative in character. It is never construed
of the vehicle is limited to a visual search.
as a punishment. It is preventive, not a penal process.
(Valmonte v. De Villa, supra) It need not be conducted strictly in accordance with
ordinary court proceedings. (Harvey v. Defensor-
Probable cause not required, but there must be Santiago, 162 SCRA 840)
a genuine reason

Such facts and circumstances which would lead a

What is essential: reasonably discreet and prudent man to believe that
a. there should be a specific charge against the an offense has been committed by the person sought
alien intended to be arrested and deported; to be arrested.
b. that a fair hearing be conducted with the
assistance of counsel, if desired; Probable cause for a search warrant (Bernas)
c. that the charge be substantiated by Such facts and circumstances which would lead a
competent evidence. (Harvey v. Defensor- reasonably discreet and prudent man to believe that
Santiago, supra.; Sec. 69, Revised an offense has been committed and that the objects
Administrative Code) sought in connection with the offense are in the place
sought to be searched.
Preliminary investigation
 [It] is merely inquisitorial and is often the only means Power of Municipal Trial Judge
of discovering whether a person may be reasonably “The issuance of a warrant is not a mere ministerial
charged with a crime, to enable the prosecutor to function; it calls for the exercise of judicial discretion
prepare his complaint or information. It may be on the part of the issuing magistrate. x x x The judge
waived expressly, or by silence, or inaction. (Pilapil v. must satisfy himself of the existence of probably
Sandiganbayan, 221 SCRA 349) cause before issuing a warrant or order of arrest.”
(Placer v. Villanueva, 126 SCRA 463)
Preliminary investigation proper
 is made by the prosecutor to ascertain whether the Depending on the circumstance of the case, the judge
offender should be held for trial or released. may or may not rely on the fiscal’s evaluation. (Bernas,
p.181) The fiscal’s certification, however, does not bind
Preliminary Examination the judge. If on the face of the information the judge
 is not an essential part of due process of law. It may finds no probably cause, he may disregard the fiscal’s
be conducted by the municipal judge, prior to the certification and require the submission of the
issuance of the warrant of arrest, either in the affidavits of witnesses to aid him in arriving at a
presence, or in the absence of the accused. conclusion as to the existence of probably cause.
(Placer v. Villanueva, supra.)
Preliminary Inquiry
 is made by the judge to determine probably cause for What constitutes searching questions
the issuance of a warrant of arrest. Such questions as have tendency to show the
commission of a crime and the perpetrator thereof.
Probable Cause
• What would be searching questions would
depend on what is sought to be inquired into x x
General Rule: The requirement of probable cause x The points that are subject of inquiry may differ
contemplates prosecutions essentially criminal in from case to case. (Luna v. Plaza, 26 SCRA 310)
nature.
Power of the Commissioner of Immigration
Determination of probable cause The Commissioner of Immigration is also given, by
Determination of probable cause is to be made legislative delegation, the power to issue warrants of
“personally by the judge after examination under oath arrests.
or affirmation of the complainant and the witnesses
he may produce.”
Sec. 4, Rule 126 of the New Rules of Criminal

Procedure
The judge must, before issuing the warrant,
The rights of the person under custodial investigation
personally examine in the form of searching questions
and answers, in writing and under oath the begins when the accused is taken into custody and placed
complainant and the witnesses he may produce on under investigation for the commission of the crime.
facts personally known to them and attach to the
record their sworn statements together with any However, the Constitution prohibits the use of physical or
affidavits submitted. moral compulsion to extort communication from the
accused, but not an inclusion of his body in evidence,
when it may be material.
Probable cause across issuances
The existence of such facts and circumstances as An accused may validly be compelled to be photographed
would excite the belief, in a reasonable mind, acting or measured, or his garments or shoes removed or
on the facts within the knowledge of the prosecutor, replaced, or to move his body to enable the foregoing
that the person charged was guilty of the crime for things to be done, without running afoul of the
which he was prosecuted (Buchanan v. Vda. de proscription against testimonial compulsion. The situation
Esteban, 32 Phil 363, 1915). in the case at bar falls within the exemption under the
freedom from testimonial compulsion since what was
Probable cause for an arrest or for the issuance of a sought to be examined came from the body of the accused.
warrant of arrest (Bernas)

This was a mechanical act the accused was made to It covers letters, messages, telephone calls,
undergo which was not meant to unearth undisclosed telegrams, and the like. It covers both tangible
facts but to ascertain physical attributes determinable by and intangible things (Bernas).
simple observation (Gutang v. People, G.R. No. 135406)
ii. Three Strands of the Right to Privacy
Handwriting is covered under self-incrimination (1) Locational or Situational – refers to the
A person may not be compelled to produce specimens of privacy that is left in physical space, such as
his handwriting for purposes of confrontation with certain that which may be violated by trespass and
documents supposed to have been falsified by him. It was unwarranted search and seizure;
there said that "writing is something more than moving the
body, or the hand, or the fingers; writing is not a purely (2) Informational – right of individuals to
mechanical act, because it requires the application of control information about themselves; and
intelligence and attention; and in the case at bar writing
means that the petitioner herein is to furnish a means to (3) Decisional – usually defined as the right of
determine whether or not he is the falsier, as the petition individuals to make certain kinds of
of the respondent fiscal clearly states.” (Bermudez v. fundamental choices with respect to their
Castilo, Per. Rec. No. 714-A) personal and reproductive autonomy (Vivares v.
St Theresa’s College, G.R. No. 202666,
September 29, 2014)
i. Definition
Right to Privacy defined, i. When Allowed

The Right to Privacy has been concisely defined (1) Upon lawful order of the Court
as the right to be left alone. It has also been o When public safety or order requires
defined as the right of a person to be free from as otherwise prescribed by law
unwarranted publicity and the right to live
without interference by the public in matters (2) When the intrusion into the privacy of
with which the public is not necessarily communication and correspondence is
concerned (De Leon, Philippine Constitutional made without judicial order, it would have
Law Vol. 1, p. 433) to be based upon a non-judicial government
official’s assessment that public safety and
ii. Basis order demands such intrusion (Bernas).
The right to privacy, or the right to be let alone, ii. Right to Privacy
was institutionalized in the 1987 Constitution as The right to privacy is not absolute
a facet of the right protected by the guarantee The right of privacy or "the right to be let alone,"
against unreasonable search and seizures. (But like the right of free expression, is not an
the Court acknowledged its existence as early as absolute right. A limited intrusion into a person's
1968 in Morfe v. Mutuc.) privacy has long been regarded as permissible
where that person is a public figure and the
The right to privacy exists independently of its information sought to be elicited from him or to
identification with liberty; it is, in itself, fully deserving of be published about him constitute of a public
constitutional protection. (Disini v. Secretary of Justice, character. Succinctly put, the right of privacy
2014) cannot be invoked to resist publication and
dissemination of matters of public interest. The
interest sought to be protected by the right of
privacy is the right to be free from unwarranted
publicity, from the wrongful publicizing of the
private affairs and activities of an individual
which are outside the realm of legitimate public
i. Requisites of Existence of Privacy Right (Test of
concern (Ayer Productions Pty. Ltd. v. Capulong,
Reasonable Expectation of Privacy)
G.R. No. 82380, April 29, 1988).
(a) Subjective: A person has exhibited an actual
expectation of privacy; and
Reasonable expectation of privacy test
(b) Objective: The expectation be one that This test determines whether a person has a
society is prepared to recognize as reasonable.
reasonable expectation of privacy and whether
(Pollo v. Constantino-David, 2011) the expectation has been violated.
What type of communication and In Ople v. Torres, we enunciated that “the

correspondence does the provision cover? reasonableness of a person’s expectation of
privacy depends on a two-part test:

(1) Whether, by his conduct, the commit any of the prohibited acts under R.A. 4200
individual has exhibited an expectation (Ramirez v. CA, G.R. No. 93833 Sept. 28, 1995).
of privacy; and
(2) This expectation is one that society Under Sec. 3 of RA 4200, a peace officer, who is authorized
recognizes as reasonable.” by a written order of the Court, may execute any of the
Customs, community norms, and practices may, acts declared to be unlawful in Sec. 1 and Sec. 2 of the said
therefore, limit or extend an individual’s law in cases involving the crimes of:
“reasonable expectation of privacy.” Hence, the (1) Treason
reasonableness of a person’s expectation of (2) Espionage
privacy must be determined on a case-to-case (3) Provoking war and disloyalty in case of war
basis since it depends on the factual (4) Piracy and mutiny in the high seas
circumstances surrounding the case (Ople v. (5) Rebellion (conspiracy and proposal and inciting
Torres, G.R. No. 127685, July 23, 1998). to commit included)
(6) Sedition (conspiracy, inciting included)
(7) Kidnapping
Right to Privacy in Social Media (8) Violations of CA 616 (punishing espionage and
A Facebook user who opts to make use of a other offenses against national security)
privacy tool to grant or deny access to his or her
post or profile detail should not be denied the The use of telephone extension is not a violation of RA
informational privacy right which necessarily 4200 (Anti-Wire Tapping Law). The use of a telephone
accompanies said choice. Otherwise, using these extension to overhear a private conversation is neither
privacy tools would be a feckless exercise, such among those devices, nor considered as a similar device,
that if, for instance, a user uploads a photo or any prohibited under the law (Gaanan v. IAC, G.R. No.L-69809
personal information to his or her Facebook page Oct. 16, 1986).
and sets its privacy level at “Only Me” or a
custom list so that only the user or a chosen few NOTE: Anti-Wiretapping Act only protects letters,
can view it, said photo would still be deemed messages, telephone calls, telegrams and the like.
public by the courts as if the user never chose to
limit the photo’s visibility and accessibility. Such
position, if adopted, will not only strip these
privacy tools of their function but it would also
disregard the very intention of the user to keep
said photo or information within the confines of
his or her private space (Vivares v. St. Theresa’s  Freedom of speech
College, G.R. No. 202666, Sept. 29, 2014).  Freedom of the press
 Freedom of assembly
iii. Prohibited Acts under the Anti-Wire Tapping  Freedom to petition
Law (RA 4200) (2009 Bar)  Freedom of religion
(1) To tap any wire or cable, or by using any  Right of association
other device or arrangement, to secretly  Right to access to information on matters of public
overhear, intercept, or record such concern
communication or spoken word by using a  Right not to be detained solely by reason of one’s
device commonly known as a dictaphone or political beliefs and aspirations
dictagraph or detectaphone or walkie-talkie
or tape recorder, or however otherwise i. Definition
described by any person, not being
authorized by all the parties to any private Freedom of Speech and Press defined,
communication or spoken word Speech, expression, and press include every
(2) To knowingly possess any tape record, wire form of expression whether oral, written, tape or
record, disc record, or any other such disc recorded. It also includes movies as well as
record, or copies thereof, of any what is referred to as symbolic speech, such as
communication or spoken word secured the wearing of an armband as a symbol of
either before or after the effective date of protest. Peaceful picket has also been included
this Act in the manner prohibited by this within the meaning of speech.
law; or
(3) To replay the same for any other person or Freedom of expression is available only insofar as
persons; or it is exercised for the discussion of matters
(4) To communicate the contents thereof, affecting the public interest. Purely private
either verbally or in writing, or matters do not come within the guaranty (Cruz).
(5) To furnish transcriptions thereof, whether
complete or partial, to any other person. Primarily protects speech which communicates
political, social, or religious ideas.
The law does not distinguish between a party to the private
communication or a third person. Hence, both a party and The freedom to speak includes the right to be
a third person could be held liable under R.A. 4200 if they silent. This freedom also includes the right to an
audience.

The right to listen also includes the right to not

ii. Subsequent Punishment
listen.
The State imposes punishment after the
Freedom of Assembly and Petition
dissemination or publication.
The right of peaceable assembly is a right
cognate to those of free speech and free press
Basis: Freedom of speech includes freedom
and is equally fundamental. The standards for
after the speech (Cruz).
allowable impairment of speech and press are
also those for assembly and petition.
Tests
The mayor possesses reasonable discretion to (1) Dangerous Tendency – when it creates a
determine or specify the streets or public places dangerous tendency, which the state has
to be used for the assembly in order to secure the right to prevent. There must be rational
convenient use thereof by others and provide connection between the speech and evil
adequate and proper policing to minimize the apprehended. Ex. People v. Perez (inciting
risks of disorder and maintain public safety to sedition)
(2) Clear and Present Danger – In determining
WON a circumstance constitutes clear and
present danger, the court must inquire
WON in each case the gravity of the evil,
discounted by its improbability, justifies an
invasion of free speech to avoid the danger.
i. Prior Restraint (3) Balancing of Interests – It is the courts
function to balance public interest and the
Prior Restraint defined, freedoms affected by it, and to arrive at a
Are official government restrictions on the press judgment where the greater weight shall be
or other forms of expression in advance of actual placed.
publication or dissemination.
 The prohibition of “prior restraint” is

not absolute.
 Forms of prior restraint includes (but is
not limited to): licenses and permit as
prerequisites to publication; CONTENT NETURAL CONTENT BASED
censorship; judicial prior restraint; REGULATION RESTRAINT
license taxes; flat license fees Merely concerned with The restriction is based
the incidents of the on the subject matter of
Presumption of Invalidity speech, or one that the utterance or speech.
Any system of prior restraint of expression bears merely controls the The cast of the
a heavy presumption against its constitutional time, place or manner, restriction determines
validity. The Government thus carries the and under well-defined the test by which the
burden of showing justification for the standards. challenged act is assailed
enforcement of such restraint. (NY Times v. US) with.
No presumption of There is a presumption
Limitations on Immunity from Previous unconstitutionality of unconstitutionality
Restraint of the Press (WOI)
NOTE: The burden of
(1) When a nation is at war
proof to overcome the
(2) Obscene publications
presumption of
(3) Incitements to acts of violence and the unconstitutionality is
overthrow of force of orderly
with the government
government (Near v. Minnesota, 283
Test to be used: Test to be used: Clear
U.S. 697)
Intermediate and Present Danger
Approach
Prior restraint on speech, including religious
speech, cannot be justified by hypothetical fears If unpaid, the business If unpaid, the business or
but only by the showing of a substantive and or activity does not activity itself can become
imminent evil which has taken the life of a become illegal. illegal
reality already on ground. (INC v. CA, 259 SCRA
529) Intermediate Approach Test
Used when the speech restraints take the form of a
Any system of prior restraints of expression content-neutral regulation. Only a substantial
come to the Court bearing a heavy presumption governmental interest is required for its validity. Because
against its constitutional validity. (New York regulations of this type are not designed to suppress any
Times v. United States, 403 U.S. 713) particular message, they are not subject to the strictest
form of judicial scrutiny but an intermediate approach—

somewhere between the mere rationality that is required between the speech and the evil
of any other law and the compelling interest standard apprehended.
applied to content-based restrictions. The test is called o If the words uttered create a dangerous
intermediate because the Court will not merely tendency which the State has a right to
rubberstamp the validity of a law but also require that the prevent, then such words are punishable.
restrictions be narrowly-tailored to promote an (Cabansag v. Fernandez, 102 Phil. 152)
important or significant governmental interest that is o It is not necessary to create evil; a mere
unrelated to the suppression of expression (Chavez v. tendency towards evil was enough (Cruz).
Gonzales, G.R. No. 168338, Feb. 15, 2008).
ii. Balancing of Interest Test
A law is narrowly-tailored if it is for the advancement of When a particular conduct is regulated in the
state’s interest, if it does not restrict a significant amount interest of public order, and the regulation
of speech that does not implicate the government interest, results in an indirect, conditional, partial
and if it is the least restrictive alternative available to serve abridgment of speech, the duty of the courts is
such interest (Eugene Volokh, Freedom of Speech, to determine which of the two conflicting
Permissible Tailoring and Transcending Strict Scrutiny, interests demands the greater protection under
144 U. Pennsylvania L. Rev. 2417, 1997). the particular circumstances presented.
(American Communications Assocation v. Douds,
339 U.S. 282)
iii. Clear and Present Danger Rule

The question in every case is whether the words
i. Facial Challenge used are used in such circumstances and are of
such a nature as to create a clear and present
Facial Challenge defined, danger that they will bring about substantive
Facial challenge is a challenge to a statute in evils that the State has a right to prevent. It is a
court, in which the plaintiff alleges that the question of proximity and degree. (Schenk v.
legislation is always, and under all United States, 249 U.S. 97)
circumstances, unconstitutional, and therefore
void. Requisites in determining clear and present
danger
Facial challenge to a statute is allowed only when (1) That the evil consequence of the comment
it operates in the area of freedom of expression. or utterance must be extremely serious and
Invalidation of the statute on its face, rather than the degree of imminence extremely high
as applied, is permitted in the interest of before the utterance can be punished.
preventing a chilling effect on freedom of (Cabansag v. Fernandez, supra.)
expression. (Separate opinion of Justice (2) The danger must not only be clear but also
Mendoza in Cruz v. Secretary of Environment present. (Gonzalez v. COMELEC, G.R. No. L-
and Natural Resources, GR. 135385, Dec. 6, 2000) 27833)
ii. Overbreadth Clear defined,

A causal connection with the danger of the
substantially evil arising from the utterance
Overbreadth defined,
questioned.
A statute is overbroad where it operates to
inhibit the exercise of individual freedoms
guaranteed by the constitution, such as the Present defined,
freedom of religion or speech. When the statute Refers to a time element; the danger must not
includes within its coverage not only only be probable but very likely inevitable (used
unprotected activity but also activity protected to be identified with imminent and immediate
by the constitution. danger).
Live Media Coverage of Court Proceedings

The propriety of granting or denying permission to
i. Dangerous Tendency Rule the media to broadcast, record, or photograph court
Speech may be curtailed or punished when it proceedings involves weighing the constitutional
creates a dangerous tendency which the State guarantees of freedom of the press, the right of the
has the right to prevent. public to information and the right to public trial, on
o For speech to be punishable, all it requires the one hand, and on the other hand, the due process
is that there be a rational connection rights of the defendant and the inherent and

constitutional power of the courts to control their  It is not more extensive than is
proceedings in order to permit the fair and impartial necessary to protect their interest.
administration of justice. Collaterally, it also raises
issues in the nature of media, particularly television
and its role in society, and of the impact of new
technologies on law.
Both historically and doctrinally, freedom of
An accused has a right to a public trial but it is a right expression has never been understood to be an
that belongs to him, more than anyone else, where his absolute right (Bernas).
life or liberty can be held critically in balance. A public
trial aims to ensure that he is fairly dealt with and There are certain and narrowly limited classes of
would not be unjustly condemned and that his rights speech, the prevention and punishment of which have
are not compromised in secret conclaves of long ago. never been thought to raise any Constitutional
A public trial is not synonymous with publicized trial; problem. These include the lewd and obscene, the
it only implies that the court doors must be open to profane, the libelous, and the insulting or “fighting”
those who wish to come, to sit in the available seats, words - those which, by their very utterance, inflict
to conduct themselves with proper decorum and to injury or tend to incite an immediate breach of the
observe the trial process. (Secretary of Justice v. peace. (Chaplinsky v. New Hampshire, 315 US 568)
Estrada, A.M. No. 01-4-03-SC, Sept. 13, 2001)
i. Obscenity
Regulating Media to Protect Children’s Rights
The Court , using the balancing of interest test, ruled Obscene Material, defined
that the government’s interest to protect the and Is material which deals with sex in a manner
promote the interests and welfare of the children appealing to prurient interest. Obscenity is not
adequately buttresses the reasonable curtailment and within the area of protected speech or press.
valid restraint on and offensive or obscene language (Roth v. United States, 354 US 476)
uttered on prime-time television broadcast to which
children have clear access to. (Soriano v. MTRCB, GR
No. 165636) Test for Obscenity (Miller v. California, 413 US 15)
(PI-SD-LV)
NOTE: In his dissenting opinion, Justice Carpio cited (1) Whether “the average person, applying
Action for Children's Television v. FCC which contemporary community standards” would
establishes the safe harbor period to be from 10:00 in find that the work, taken as a whole appeals to
the evening to 6:00 in the morning, when the number the prurient interest;
of children in the audience is at a minimum. In effect, (2) Whether the work depicts or describes, in a
between the hours of 10:00 p.m. and 6:00 a.m., the patently offensive way, sexual conduct
broadcasting of material considered indecent is specifically defined by the applicable state law;
permitted. Between the hours of 6:00 a.m. and 10:00 and
p.m., the broadcast of any indecent material may be (3) Whether the work, taken as a whole, lacks
sanctioned. serious literary, artistic, political, or scientific
value.
Community Standards defined,

Does not mean that there are, or should or can
i. Definition be, fixed uniform national standards of precisely
what appeals to the “prurient interest” or is
Commercial Speech defined, “patently offensive. These are essentially
Communication which no more than that which questions of fact. (Miller v. California, supra.)
proposes a commercial transaction. (Bernas)
ii. Libel
Commercial speech does not enjoy the same
degree of protection as the “core” speech (i.e.
Libel defined,
political, social or religious ideas).
“A libel is a public and malicious imputation of a
crime, or of a vice or a defect, real or imaginary,
General rule: To enjoy protection from or any act, omission, condition, status, or
curtailment, commercial speech: circumstance tending to cause the dishonor,
(1) Must not be false and misleading discredit, or contempt of a natural or juridical
(truthful) person, or to blacken the memory of one who is
(2) Should not propose an illegal transaction dead.” (Art. 353, RPC)
(lawful)
Publicity defined,
Exceptions “making the defamatory matter, after it has been
 Government has substantial interest to written, known to someone other than the
protect; person to whom it has been written.” (Bernas).
 The regulation directly advances that
interest;

The evil which the law on libel seeks to punish is

its tendency to injure the person defamed,  What the non-establishment calls for is
regardless of its effect upon the public. (People government neutrality in religious matters.
v. del Rosario, 86 Phil. 163)  The evils against which the Establishment
Clause was intended to afford protection:
The constitutional guarantee requires a rule that a. sponsorship,
prohibits a public official from recovering b. financial support, and
damages for a defamatory falsehood relating to c. active involvement of the
his official conduct unless he proves that the sovereign in religious activity.
statement was with actual malice - that is, with
knowledge that it was false or with reckless
Constitutionally Created Exceptions to The
disregard of whether it was false or not. (NY
Non-Establishment Clause
Times v. Sullivan, 376 US 254)
a. Art. 6, Sec.29 (prohibition on
appropriation of public money or
property for the use, benefit or
support of any religion)
i. Principal Parts of Sec. 5 of Art. III b. Art. 6, Sec. 28 (3) (exemption from
 Non-establishment clause taxation of properties actually,
directly and exclusively used for
 Free exercise clause
religious purposes
c. Art. 14, Sect. 3 (3) (optional religious
A profession of faith to an active power that binds and
instruction in public elementary and
elevates man to his Creator. (Aglipay v. Ruiz, 64 Phil.
high schools)
201)
NOTE: Religious instructions in public schools:
ii. Criteria to Qualify as a Religion
(1) At the option of parents/guardians
(1) There must be belief in God or some parallel
expressed in writing
belief that occupies a central place in the
(2) Within the regular class hours by instructors
believer’s life.
designated or approved by religious
(2) The religion must involve a moral code
authorities of the religion to which the
transcending individual belief (can’t be
children belong
purely subjective).
(3) Without additional costs to the government
(3) Demonstrable sincerity in belief is
(4) Art. 14, Sec. 4 (2) (citizenship requirement of
necessary but the court must not inquire
ownership of educational institutions,
into the truth or reasonableness of the
except those established by religious groups
belief.
and mission boards)
(4) There must be associational ties. (U.S. v.
(5) Art. 6, Sec. 29 (2) (appropriation allowed
Seager)
where ecclesiastic is employed in armed
forces, in a penal institution, or in a
government-owned orphanage or
leprosarium)
ii. Free Exercise Clauses

Two-fold aspect:
i. Non-Establishment Clause a. Freedom to believe
b. Freedom to act on one’s belief
The State CANNOT do the following:
a. Setup a church; Freedom to Believe
b. Pass laws which aid one religion, aid all It is absolute as long as the belief is confined
religion, or prefer one religion over within the realm of thought (Cruz).
another;
c. Force nor influence a person to go to or The absoluteness of the freedom to believe
remain away from church against his will; carries with it the corollary that the government,
d. Force him to profess a belief or disbelief in while it may look into the good faith of a person,
any religion; cannot inquire into a person’s religious
e. Punish a person for entertaining or pretensions (Bernas).
professing religious beliefs or disbeliefs,
for church attendance or non-attendance; Man’s relation to his God was made no concern
f. Levy tax in any amount to support any of the State. He was granted the right to worship
religious activity or institution to teach or as he pleased and to answer to no man for the
practice religion; verity of his religious views. (US v. Ballard, 322 US
g. Openly or secretly participate in the affairs 78)
of any religious organization or group and
vice-versa. (Everson v. Board of Educators,
330 U.S. 1)

(1) The person is opposed to war in any

Freedom to Act on One’s Belief form
Subject to regulation where the belief is (2) He must show that this opposition is
translated into external acts that affect the based upon religious training and
public welfare (Cruz). belief
The moment belief flows over into action, it (3) And he must show that this objection is
becomes subject to government regulation. sincere (Clay v. United States, 403
The Constitutional guaranty of the free exercise U.S.698, 1971).
and enjoyment of religious profession and
worship carries with it the right to disseminate iii. Clear and Present Danger Test
religious information. (American Bible Society v.
City of Manila, 101 Phil. 386) The test can be applied with regard to the
Any legislation whose effect or purpose is to Freedom of Religion when what is involved is
impede the observance of one or all religions, or religious speech as this is often used in cases of
to discriminate invidiously between the freedom of expression.
religions, is invalid, even though the burden may
be characterized as being only indirect.
(Victoriano v. Elizalde Rope Workers Union, 49
SCRA 54)
But if the state regulates conduct by enacting,
within its power, a general law which has for its i. Lemon Test
purpose and effect to advance the State’s secular To determine if a law violates the Establishment
goals, the statute is valid despite its indirect Clause:
burden on religious observance, unless the state (1) The statute must have a secular legislative
can accomplish its purpose without imposing purpose;
such burden. (Victoriano v. Elizalde Rope Workers (2) Its principal or primary effect must be one
Union, supra.) that neither advances nor inhibits religion;
NOTE: Every violation of the free exercise clause (3) The statute must not foster an excessive
involves compulsion. government entanglement with religion.
(Lemon v. Kurtzman, 403 U.S. 601)
The Government should not be embarrassed in

its activities simply because of incidental results,
i. Benevolent Neutrality Approach more or less religious in character, if the purpose
had in view is one which could legitimately be
Benevolent neutrality is an approach that looks undertaken by appropriate legislation. (Aglipay v.
further than the secular purposes of government Ruiz, 64 Phil 201)
action and examines the effect of these actions
on religious exercise. It recognizes the religious Not every governmental activity which involves
nature of the Filipino people and the elevating the expenditure of public funds and which has
influence of religion in society; at the same time, some religious tint is violative of the
it acknowledges that government must pursue constitutional provisions regarding separation of
its secular goals. church and state, freedom of worship and
In pursuing these goals, however, government banning the use of public money or property.
might adopt laws or actions of general (Garces v. Estenzo, 104 SCRA 510)
applicability which inadvertently burden
religious exercise. Benevolent neutrality gives NOTE: A violation of the non-establishment clause
room for accommodation of these religious need not involve compulsion.
exercises as required by the Free Exercise iv. Compelling State Interest Test
Clause. Used to determine if the interests of the State
It allows these breaches in the wall of separation are compelling enough to justify infringement of
to uphold religious liberty, which after all is the religious freedom. It involves a three-step
integral purpose of the religion clauses (Estrada process:
v. Escritor, A.M. No. P-02-1651, Aug. 4, 2003). (1) Has the statute or government action
ii. Conscientious Objector Test created a burden on the free exercise of
Conscientious Objector religion? – Courts often look into the
An "individual who has claimed the right to sincerity of the religious belief, but without
refuse to perform military service on the inquiring into the truth of the belief since
grounds of freedom of thought, conscience, the free exercise clause prohibits inquiring
and/or religion (International Covenant on Civil about its truth.
and Political Rights, Art. 18). (2) Is there a sufficiently compelling state
interest to justify this infringement of
Requisites for One to Be Considered A religious liberty? – In this step, the
Conscientious Objector government has to establish that its
purposes are legitimate for the State and
that they are compelling.

(3) Has the State in achieving its legitimate

purposes used the least intrusive means When, by law, jurisdiction is conferred on a Court or
possible so that the free exercise is not judicial officer, all auxiliary writs, process and other
infringed any more than necessary to means necessary to carry it into effect may be
achieve the legitimate goal of the State? – employed by such Court of officer. Holding an
The analysis requires the State to show that accused in a criminal case within the reach of the
the means in which it is achieving its Courts by preventing his departure from the
legitimate State objective is the least Philippines must be considered a valid restriction on
intrusive means, or it has chosen a way to his right to travel so that he may be dealt with in
achieve its legitimate State end that accordance with law. (Silverio v. CA, G.R. No. 94284,
imposes as little as possible intrusion on 1991)
religious beliefs.
iii. Right to Return to One’s Country
The right guaranteed to return to one’s own country
guaranteed under International Law is separate and
distinct from the constitutional right to liberty of
abode and travel. The Bill of Rights makes no mention
of the right to return to one’s own country. Such
guarantees are not inflexible and may be subject to
limitation should the paramount interest so require.
The President possesses residual powers inherent in
i. Scope her duty to protect the general welfare. The extent of
(a) freedom to choose and change one’s place her powers is not limited to those expressly conferred
of abode by the Constitution. (Marcos v. Manglapus, G.R. No.
(b) freedom to travel within the country and 88211, 1989)
outside
ii. Limitations
RIGHT LIMITATION
Liberty of Limited upon lawful
i. Watch-List Order (WLO)
Abode order of the court and
It may be issued by the Secretary of Justice motu
within the limits
proprio or upon request to prevent an individual
prescribed by law.
from travelling under any of the following
Right to Travel May be curtailed even circumstances:
by administrative (a) Against the accused, irrespective of
officers in the interest nationality, in criminal cases pending trial
of national security, before the RTCs or before courts below the
public health, or public RTCs.
safety, as may be (b) Against the respondent, irrespective of
provided by law. nationality, in criminal cases pending
preliminary investigation, petition for review,
The UDHR and ICCPR treat the right to freedom of or motion for reconsideration before the DOJ
movement and abode within the territory of a state, or any of its provincial or city prosecution
the right to leave a country, and the right to enter offices.
one’s country as separate and distinct rights. The
Declaration speaks of the “right to freedom of A WLO is good for 60 days (Sec. 4, DOJ
movement and residence within the borders of each Circular.41 and S.2010)
state.” It would therefore be inappropriate to
construe the limitations to the right to return to one’s A WLO may be lifted or cancelled under any of
country in the same context as those pertaining to the the following grounds:
liberty of abode and the right to travel. (Marcos v. (a) When the validity period of the WLO has
Manglapus. G.R. No. 88211, 1989) already expired;
(b) When the accused subject of the WLO has
A person facing criminal charges may be restrained by been allowed by the court to leave the country
the Court from leaving the country or, if abroad, during the pendency of the case or has been
compelled to return. Article II, Sec. 6 of the 1987 acquitted of the charge.
Constitution should be interpreted to mean that (3) When the preliminary investigation is
while liberty of travel may be impaired even without terminated, or when the petition for review, or
Court Order, appropriate executive officers or motion for reconsideration has been denied
administrative authorities are not armed with and/or dismissed.
arbitrary discretion to impose limitations. They can
impose limitations only on the basis of “national ii. Hold Departure Order (HDO)
security, public health, or public safety” and “as may It is an order which may be issued by the
be provided by law.” Secretary of Justice motu propio or upon request

to prevent an individual from travelling, under suitable to the needs and aspirations of the
any of the following circumstances: nation and the balanced flow of information into,
(a) Against an accused, irrespective of out of, and across the country in accordance
nationality, in criminal cases falling within the with a policy that respects the freedom of speech
jurisdiction of courts below the RTCs and of the press. (Section 10, Art. 16, CONST)
 If the case against the accused is
pending trial, the application under • Section 7 guarantees only one general right: the
oath of an interested party must be right to information on matters of public
supported by (a) a Certification from concern. It is both the purpose and the limit of
the Clerk of Court concerned that a the right of access to public documents.
criminal case is pending, and (b) a
certified true copy of the complaint or • The right to information and access to official
information. records are subject to such limitations as may be
 If the accused has jumped bail or has provided by law.
become a fugitive from justice, the
application under oath of an interested • While access to official records may not be
party must be supported by (a) a prohibited, it may be regulated (Bernas).
certified true copy of the complaint or
information; (b) certified true copy of • The right to information is not absolute. It is
the warrant/order of arrest; and (c) limited to “matters of public concern,” and is
Certification from the Clerk of Court further “subject to such limitations as may be
concerned that the warrant/order if provided by law. (Valmonte v. Belmonte, Jr., 170
arrest was returned unserved by the SCRA 256)
peace officer to whom the same was
delivered for service. ii. Authority to Curtal Right to Information
(b) Against the alien whose presence is
required either as a defendant, respondent, or Standards developed for the regulation of
witness in a civil or labor case pending speech, press, assembly, petition, and
litigation, or any case before a quasi-judicial or association are applicable to the right of access
administrative agency of the government. to information (Bernas).
The application under oath of an interested party
Limitations on The Right to Information
must be supported by:
(NS-TS-CD)
(a) a certified true copy of the subpoena or
(1) National Security, matters including
summons issued against the alien; and
sate secrets on military diplomatic and
(b) a certified true copy of the complaint in a
other national security and
civil, labor, or administrative case where the
information on inter-government
presence of the alien is required
exchanges prior to conclusion of
executive agreements or treaties.
(2) Trade secrets and banking
transactions
The right of the people to information on matters of public (3) Criminal matter or classified law
concern shall be recognized. enforcement matters
(4) Other confidential matter (diplomatic
They shall be given access to: affairs)
(1) Official records;
(2) Documents; and
Requirement of the Presidential
(3) Papers pertaining to official acts, transactions, or
Communications Privilege.
decisions, as well as to government research
(Q-OP-C)
data used as basis for policy development
(1) The communication must relate to a
‘quintessential and non-delegable
Subject to such limitations as may be provided by law.
power of the President – the power to
(Section 7, Art. 3, CONST)
enter into an executive agreement
with other countries.
i. Full Public Disclosure (2) The communications are “receive” by a
close advisor of the President under
Subject to reasonable conditions prescribed by the “operational proximity test”
law, the State adopts and implements a policy of (3) There is no adequate showing of a
full public disclosure of all its transactions compelling need that would justify the
involving public interest. (Section 28, Art. 2, limitation of the privilege and the
CONST) unavailability of the information
elsewhere by an appropriate
The State shall provide the policy environment investigating authority.
for the full development of Filipino capability and
the emergence of communication structures iii. Full Public Disclosure v. Right to Information

security matters.
Full Public Right to
Disclosure (Art. Information vii. Court Records and Information
2 Sec. 8) (Art. 3, Sec. 7)
Matter All Transactions Matters of Canon II Confidentiality, Code of Conduct for
involving public public concern; Court Personnel (AM No. 03-06-13-SC)
interest (PUBLIC Section 1. Court personnel shall not disclose to
including any CONCERN: Not any unauthorized person any confidential
matter clearly defined, information acquired by them while employed
contained in exact definition in the judiciary, whether such information
official and came from authorized or unauthorized
communications adjudicated by sources.
and public the courts on a Confidential information means information
documents of case-by- case not yet made a matter of public record relating
the government basis, but to pending cases, as well as information not
agency examples yet made public concerning the work of any
abound in justice or judge relating to pending cases,
jurisprudence including notes, drafts, research papers,
(e.g. peace internal discussions, internal memoranda,
negotiations, records of internal deliberations and similar
board exams, papers.
PCGG
compromise The notes, drafts, research papers, internal
agreements, discussions, internal memoranda, records of
civil service internal deliberations and similar papers that
matters).] a justice or judge uses in preparing a decision,
Demand Demand or resolution or order shall remain confidential
to request even after the decision, resolution or order is
Access necessary to made public.
gain access
What is Government Duty to permit Decisions and opinions of a court are of public
Asserted duty to disclose access to concern or interest. Pleadings and other
information on documents filed by parties to a case NEED NOT
matters of BE matters of public concern or interest. They
public concern are filed for the purpose of establishing the basis
upon which the court may issue an order or a
iv. Three Categories of Information: judgment affecting their rights and interests.
(1) official records; Access to court records may be PERMITTED at
(2) documents and papers pertaining to official the discretion and subject to the supervisory and
acts, transactions and decisions; and protective powers of the court, AFTER
(3) government research data used in considering the actual use or purpose for which
formulating policies. (Section 7, Article 3, the request for access is based and the obvious
1987 Constitution). prejudice to any of the parties (Hilado, et al. v
Judge, G.R. No. 163155, July 21, 2006.).
NOTE: The right only affords access to records,
documents and papers, which means the viii. Trade Secrets and Banking Transactions
opportunity to inspect and copy them is at his Trade or industrial secrets (pursuant to the
expense. The exercise is also subject to Intellectual Property Code and other related
reasonable regulations to protect the integrity of laws) as well as banking transactions (pursuant
public records and to minimize disruption of to the Secrecy of Bank Deposits Act) are
government operations. exempted from compulsory disclosure.
v. Publication of Regulations
ix. Criminal Matters
Publication is necessary to apprise the public of
the contents of penal regulations and make the Law enforcement matters, such as those relating
said penalties binding on the persons affected to the apprehension, the prosecution and the
thereby (Pesigan v. Angeles G.R. No. L-6427, April detention of criminals, which courts may not
30, 1984). inquire into prior to such arrest, detention and
prosecution.
vi. National Security Matters
x. Other confidential Information
There is a governmental privilege against public
disclosure with respect to state secrets Prohibition of public officials and employees
regarding military, diplomatic and other national from using or divulging “confidential or classified

information officially known to them by reason i. Right of Association

of their office and not made available to the The right of the people, including those
public. Also, diplomatic correspondence, closed employed in the public and private sectors, to
door cabinet meetings and executive sessions of form:
either house of Congress, as well as the internal (1) unions,
deliberations of the SC. (2) associations, or
(3) societies
xi. Public Concern for purposes not contrary to law shall not be
abridged. (Section 8, Art. 3, CONST)
Like public interest, it eludes exact definition. Freedom of Association
Both terms embrace a broad spectrum of The right to form associations shall not be
subjects which the public may want to know, impaired without due process of law. It is
either because these directly affect their lives, or therefore an aspect of the general right of
simply because such matters naturally arouse liberty. More specifically, it is an aspect of
the interest of an ordinary citizen. (Legaspi v. freedom of contract; and in so far as associations
Civil Service Commission, 150 SCRA 530) may have for their object the advancement of
beliefs and ideas, freedom of association is an
Matters of Public Concern aspect of freedom of expression and of belief.
Other matters of public concern decided in
jurisprudence: Freedom of association includes the freedom not
1. Loanable funds of GSIS (Valmonte v. to associate, or, if one is already a member, to
Belmonte, 1989) disaffiliate from the association.
2. Civil service eligibility of sanitarian
employees (Legaspi v. CSC, 1987) ii. Right of Workers
 Appointments made to public offices and (a) The State shall guarantee the rights of all
the utilization of public property workers to:
(Gonzales v. Narvasa, 2000) (1) self- organization;
 National board examinations such as the (2) collective bargaining and negotiations;
CPA Board Exams (Antolin v. Domondon, (3) peaceful concerted activities; and
2010) (4) right to strike in accordance with the
 Names of nominees of partylists (Bantay law. (Section 3, Art. 13, CONST)
Republic v. COMELEC, 2007) (b) The right to self- organization shall not be
 Negotiations leading to the denied to government employees. (Section 2(5),
consummation of the transaction (Chavez Art. 9-B, CONST)
v. PEA and Amari, 2002)
Rights of Government Employees
xii. Government Contract Negotiations The right to strike is not included in the right to
form unions or freedom of assembly by
Information on on-going evaluation or review of government employees. Their employment is
bids or proposals being undertaken by the governed by law. It is the Congress and
bidding or review committee is not immediately administrative agencies which dictate the terms
accessible under the right to information. While and conditions of their employment. The same is
the evaluation or review is still on-going, there fixed by law and circulars and thus not subject to
are no "official acts, transactions, or decisions" any collective bargaining agreement.
on the bids or proposals. However, once the
committee makes its official recommendation, Pursuant to Sec. 4, Rule III of the Rules and
there arises a "definite proposition" on the part Regulations to Govern the Exercise of the Right
of the government. From this moment, the of Government Employees to Self-Organization,
public's right to information attaches, and any the terms and conditions of employment in the
citizen can access all the non-proprietary Government, including any of its
information leading to such definite proposition. instrumentalities, political subdivision and
government owned and controlled corporations
The commissioners of the 1986 Constitutional with original charters, are governed by law and
Commission understood that the right to employees therein shall not strike for the
information "contemplates inclusion of purpose of securing changes thereof (SSS
negotiations leading to the consummation of the Employees Association v. CA, GR. No. 85279, July
transaction." Certainly, a consummated contract 28, 1989). The only available remedy for them is
is not a requirement for the exercise of the right to lobby for better terms of employment with
to information. Otherwise, the people can never Congress. The right to unionize is an economic
exercise the right if no contract is consummated, and labor right while the right to association in
and if one is consummated, it may be too late for general is a civil-political right.
the public to expose its defects.
iii. Doctrines
(1) The right is recognized as belonging to
people whether employed or unemployed,

and whether employed in the government (4) Certain public corporations, like the Land
or in the private sector. Authority and the National Housing Authority
(5) Quasi-public corporations like the
(2) The provision explicitly recognizes that the Philippine National Railways, the Philippine
right to form associations includes the right Long Distance Telephone Co. and the
to unionize. MERALCO.
(3) The right to join a union includes the right iii. Requisites of the Power of Eminent Domain
to abstain from joining any union. (1) Necessity of Exercise
(Victoriano v Elizalde Rope Workers Union,  Improvement for public use
supra.) The constitutionally guaranteed (2) Private property
freedom os association includes the (a) Anything that can come under the
freedom not to associate. (Sta. Clara dominion of man is subject to expropriation.
Homeowners Association v. Gaston, G.R. No. (b) It may be real, personal, tangible,
141961, January 23, 2002) intangible. Except money and choses in
action (which personal right not reduced into
(4) There is no question that the Constitution possession but recoverable by a lawful suit;
recognizes the right of government i.e. a right to demand or recover a debt,
employees to organize. Jurisprudence, demand or damages on a cause of action ex
however, provides that government contractu or for a tort or omission of duty)
employees do not have a constitutional (c) May be a franchise, since this is a property
right to strike. (Manila Public School right and may therefore be expropriated.
Teachers Association v. Sec. of Education, (d) May be property already used for public
200 SCRA 323) use provided it is done directly by the
Legislature as specific grant by authority to
(5) Bar integration does not compel the lawyer the delegate.
to associate with anyone. The only (3) Taking
compulsion to which he is subjected is the (a) This imports a physical dispossession of
payment of annual dues (In re Edilion, A.M. the owner
No. 1928, August 3, 1978) (b) Trespass without actual eviction of the
owner, including material impairment of the
value of the property or prevention of the
ordinary uses for which the property was
intended.
i. Basis
It is the power of the State to forcibly take
iv. Requisites of Taking in the Power of Eminent
private property for public use upon payment of
Domain
just compensation. It is a power inherent in
(1) The expropriator must enter private property.
sovereignty.
(a) The entry must be for more than a
momentary period.
The right of eminent domain is usually
(b) The entry must be under warrant or color
understood to be the ultimate right of the
of legal authority.
sovereign power to appropriate, not only the
(c) The property must be devoted to public
public but the private property of all citizens
use or otherwise informally appropriated or
within the territorial sovereignty, to public
injuriously affected.
purpose.
(d) The utilization of the property for public
use must be in such a way as to oust the
Also called the power of expropriation, eminent
owner and deprive him of beneficial
domain is described as “the highest and most
enjoyment of the property.
exact idea of property remaining in the
(2) Public Use
government” that may be acquired for some
(3) Just Compensation
public purpose through a method “in the nature
of a compulsory sale to the State.” (Black’s law
dictionary, 4th ed., 616)
ii. Who may Exercise

Power of eminent domain is lodged primarily in Any use directly available to the general public as a
the national legislature, but its exercise may be matter of right and not merely of forbearance or
validly delegate to other governmental entities accommodation.
(Cruz, 2007 ed).
Public use as a requirement for the valid exercise of
Under existing laws, the following may exercise the power of eminent domain is now synonymous
the power of expropriation: with public interest, public benefit, public welfare and
(1) The Congress public convenience. It includes the broader notion of
(2) The President of the Philippines indirect public benefit or advantage. Public use as
(3) The various local legislative bodies traditionally understood as “actual use by the public”
has already been abandoned. But, this must be use

concerning the whole community as distinguished put it, the value is that of the time of the taking.
from particular individuals. But each and every (NAPOCOR v. CA, 1996)
member of society need not be equally interested in
such use, or be personally and directly affected by it; iii. Effect of Delay
if the object is to satisfy a great public want or Just compensation means not only the correct
exigency, that is sufficient. It may be limited to the amount to be paid to the owner of the land but
inhabitants of a small or restricted locality, but must also payment within a reasonable time from its
be in common, and not for a particular individual. taking (Eslaban v. De Onorio, G.R. No. 146062,
June 28, 2001)
If the expropriator (government) does not use the
property for a public purpose, the property reverts to If there is delay in payment or non-payment of
the owner in fee simple. (Heirs of Moreno v. Mactan- just compensation, the remedy is to demand for
Cebu International Airport, 2005) the payment of the fair market value of the
property and not the recovery of possession of
the expropriated lots. (Republic of the
Philippines v. Court of Appeals, G.R. No. 146587,
July 2, 2002; Reyes v. National Housing Authority,
i. Definition G.R. No. 147511, January 29, 2003).
It is described as the full and fair equivalent of
the property taken from the private owner by the Delay entitles the respondents to the payment of
expropriator. Compensation is just if the owner legal interest (12% per annum if counting of non-
receives a sum equivalent to the market value of payment was on or before June 30, 2013; 6% per
his property. Market value is generally defined annum if counting of non-payment was on and
as the fair value of the property as between one after July 1, 2013) from the time the property was
who desires to purchase and one who desires to taken by the government or when the landowner
sell. was deprived of the use and benefit of his
property up to the time the Government paid the
Among the factors to be considered in arriving at respondents. (LBP v. Spouses Avacena, G.R. No.
the fair market value (FMV) of the property are: 190520, May 30, 2016; Department of Agrarian
 Cost of acquisition Reform v. Sta. Romana, G.R. No. 183290, July 9,
 Current value of like properties 2014; BSP-MB Circular No. 799, series of 2013)
 Actual or potential uses
 And, in lands, their size, shape or
location and the tax declarations.
Determination of just compensation is a judicial

function. (National Power Corporation v. Sps. Requisites of Exercise of Eminent Domain By
Florimon v. Lleto, et al., 2012). LGU’s (Municipality of Paranaque vs. VM Realty
Corp, GR no 127820, July 20, 1998) (O-PU-JC-O)
Findings of court appointed commissioners (1) Ordinance by the local legislative
regarding the determination of just council authorizing the local chief
compensation are not binding on courts. executive to exercise the power of
(Republic v. Santos, 141 SCRA 30; Republic eminent domain
(MECS) v. IAC, 185 SCRA 572). The court may (2) For public use, purpose or welfare or
substitute the estimated value of the property by for the benefit of the poor and of the
court appointed commissioners with its own landless
estimate of the value only for valid reasons:
(3) Payment of just compensation; and
(1) the commissioners have applied illegal
(4) Valid and definite offer has been
principles to the evidence submitted to
previously made to the owner of the
them;
property sought but such offer was
(2) They have disregarded a clear
refused
preponderance of evidence; or
(3) Where the amount allowed is either
The power of eminent domain as exercised by
grossly inadequate or excessive. (National
the LGUS is not strictly speaking, a power of
Power Corporation v. De la Cruz, G.R. No.
eminent domain. It is merely a power of inferior
156093, February 2, 2007)
domain which means that local government
units can only exercise such power which is
Title to the property shall not be transferred
delegated to it (Suarez).
until after actual payment of just compensation
is made to the owner (Visayan Refining Co. V.
The power of the eminent domain may be
Camus, 40 Phil. 550).
exercised by LGUs for urban and reform
purposes but expropriation of privately-owned
ii. When Determined lands must be resorted to only after all other
General rule: At the time of the filing of the case lands has been exhausted (Sec 10, RA 7279).
Exception: If the value of the property increased
because of the use to which the expropriator has

be legislative in nature. Furthermore, the

impairment must be substantial (Philippine Rural
Electric Cooperatives Assoc. v. DILG Secretary,
G.R. 143076, June 10, 2003).
i. Purpose
To safeguard the integrity of valid contractual
Inapplicability of the Provision
agreements against unwarranted interference
(1) Franchises, privileges, licenses, etc.
by the State.
NOTE: These are subject to
amendment, alteration or repeal by
ii. Definition
Congress when the common good so
Contract
requires.
Any lawful agreement on property or property
(2) There is neither public interest
rights, whether real or personal, tangible or
involved nor a law that supports the
intangible.
claim.
NOTE: It can only be invoked if it is
Parties may be private persons only, natural or
against the government or when the
artificial, or private persons on the one hand and
government intervenes in contract
the government or its agencies on the other
between the parties (Pacific Wide
hand.
Realty and Development Corp. v Puerto
Azul Land, Inc., G.R. No. 180893, Nov. 25,
Law (as used in this Article)
2009).
Includes statutes enacted by the national
legislature, executive orders and administrative
Mutuality of contracts
regulations promulgated under a valid
General Rule: Valid contracts should be
delegation of power, and municipal ordinance
respected by the legislature and not tampered
passed by local legislative bodies. It does not
with by subsequent laws that will change the
include judicial decisions or adjudications made
intention of the parties or modify their rights and
by administrative bodies in the exercise of their
obligations.
quasi-judicial powers (Cruz, 207 ed).
NOTE: The will of the parties to a contract must
Impairment
prevail. A later law which enlarges, abridges, or
Anything that diminishes the efficacy of the
in any manner changes the intent of the parties
contract (Clements v. Nolting, 42 Phil. 702).
to the contract necessarily impairs the contract
itself and cannot be given retroactive effect
iii. Concept without violating the constitutional prohibition
against impairment of contracts (Sangalang v.
General rule: on-Impairment of Contracts IAC, G.R. No. 71169, Dec. 22, 1988).
Exception: A contract valid at the time of its
execution may be legally modified or even
completely invalidated by a subsequent law. IF
THE LAW is a proper exercise of the police
power, it will prevail over the contract. Or
exercise of power of eminent domain and
taxation (Cruz, 207 ed). The courts of justice should be as available to the
pauper as to the affluent in the protection of their
The law impairs the obligation of contracts if respective rights. (Cruz, 207 ed.)
(1) It changes the terms and conditions of
a legal contract either as to the time or The Integrated Bar of the Philippines provides free
mode of performance legal assistance to deserving indigents, including
(2) It imposes new conditions or dispenses representation in court, and similar services are
with those expressed if it authorizes available from the Department of Justice to litigants
for its satisfaction something different who cannot afford retained counsel, like the accused
from that provided in its terms in a criminal case who can ask for the assistance of
counsel de officio.
NOTE: Mere technical change which does not
change the substance of the contract, and which Indigent Persons
still leaves an efficacious remedy for Persons who have no property or sources of income
enforcement does NOT impair the obligation of for their support, aside from their own labor through
contracts. A valid exercise of police power is self-support when able to work and in employment.
superior to obligation of contracts. Those protected include low paid employees, domestic
servants, and laborers (Cruz, 207 ed)
Applicability of the Provision
This constitutional provision is applicable only if RA No. 6034 (An Act Providing Transportation and
the obligation of contract is impaired by Other Allowances for Indigent Litigants) has defined
legislative act (statute, ordinance, etc.). The act the term “indigent” to refer to a person “who has no
need not be by a legislative office; but it should

visible means of income or whose income is explain their effects in practical terms. (People v.
insufficient for the subsistence of his family.” Rojas, supra.)
Even on the assumption that petitioner owns property, There must be an effective communication that
he may still be an indigent considering his sworn results in understanding what is conveyed.
statement that he had no income. Under the standards
set forth in Acar v. Rosal as well as the recent ii. Right to Remain Silent
legislations heretofore adverted to, it is the income of A person under investigation has the right to
a litigant that is the determinative factor. For, really, a refuse to answer any question. His silence may
property may have no income. It may even be a not be used against him.
financial burden. (Enaje v. Ramos, G.R. No. L-22109,
January 30, 1970) iii. Right to Counsel
Under the 1987 Constitution, counsel must be

“competent and independent” and “preferably of
Questioning initiated by law enforcement officers after a his own choice”.
person has been taken into custody or otherwise deprived
of his freedom of action in any significant way. (Miranda v. (1) If the accused never raises an objection to counsel
Arizona, 384 U.S. 436) given to him, he is deemed to have been properly
counseled.
Rights are NOT Available When: (Bernas)
(1) Before government investigators become (2) “Preferably of his own choice” does not mean that the
involved; choice of lawyer by a person under investigation is
(2) The confession or admission is made to a private exclusive as to preclude other equally competent and
individual; independent attorneys from handling the defense
(3) The person is undergoing audit; (Bernas).
Rights Available to A Person Under Investigation Who are Not Considered As “Impartial Counsel”
(1) The right to remain silent; (1) Special counsel, public or private
(2) The right to competent and independent counsel prosecutor, counsel of the police, or a
preferably of his own choice; municipal attorney whose interest is
(3) The right to be informed of such rights. adverse to the accused;
(2) A mayor, unless the accused
o The rights begins to be available where approaches him as counselor or
“the investigation is no longer a adviser;
general inquiry into an unsolved crime (3) A barangay captain;
but has begun to focus on a particular (4) Any other whose interest may be
suspect, the suspect has been taken adverse to that of the accused.
into police custody, the police carry
out a process of interrogation that NOTE: Sec. 12(1) guarantees an accused the
lends itself to eliciting incriminating right to counsel not only at his trial but at
statements.” (Escobedo v. Illinois, 378 any critical confrontation by the
prosecution at pretrial proceedings where
U.S. 478)
o The rights in this section are available the results might well determine his fate
to any person under investigation for and where the absence of counsel might
the commission of an offense. derogate from his right to a fair trial. (e.g.
o Constitutional procedures on custodial post-indictment lineup) (US v. Wade, 388 US
investigation do not apply to a 218)
spontaneous statement not elicited
through questioning by the authorities, Inapplicability of Miranda Rights:
but given in an ordinary manner General Rule: When the inquiry is no longer under the
whereby the accused orally admits control of police officers, the Miranda rights no longer
having committed the crime. apply (Bernas).
Exception: The Miranda rights may still apply even
i. Right to be Informed of his Rights after charges are filed when the police might still
attempt to extract confessions or admissions from the
It must be presumed to contemplate the accused outside of judicial supervision (Bernas).
transmission of a meaning information rather
than just a ceremonial and perfunctory Unavailability of Miranda Rights
recitation of an abstract constitutional principle. (1) During a police line-up, unless admissions or
(People v. Rojas, 147 SCRA 169) confessions are being elicited from the
suspect (Gamboa v. Cruz, G.R. No. L-56291,
Rule: It is not sufficient for a police officer just to June 27, 1988).
repeat to the person under investigation the (2) During administrative investigations
provisions of the Constitution. He must also (Sebastian, Jr. v Garchitorena, G.R. No 114028).
(3) Confessions made by an accused at the time

he voluntarily surrendered to the police or Endino, G.R. No. 133026, Feb. 20, 2001).
outside the context of a formal investigation;
(People v Baloloy, G.R. No 140740, April 12, NOTE: What the Constitution bars is the compulsory
2002) and disclosure of the incriminating facts or confessions. The
(4) Statements made to a private person (People rights under Sec. 12 are guarantees to preclude the
v Tawat, G.R. No 62871, May 25, 1985). slightest use of coercion by the State, and not to prevent
(5) Forensic investigation is not tantamount to the suspect from freely and voluntarily telling the truth
custodial investigation, therefore Miranda (People v. Andan, G.R. No. 116437, Mar. 3, 1997).
rights is not applicable (People v. Tranca, 235
SCRA 455, 1994).
Exclusionary Rule (Sec. 12(3), Art. III)

Covers every form of confession tainted with Scope under the Constitution:
involuntariness. It is a manifestation of the care with (1) Criminal Due Process
which the law wishes to insure the voluntariness of (2) Presumption of Innocence
confessions. (3) Bail
(4) Right to be Heard
The protection covers confessions and admissions. (5) Right to be Informed
(6) Right to Speedy, Impartial, and Public Trial
Confession
Declaration of an accused acknowledging his Scope under the Rules on Criminal Procedure:
guilt of the offense charged, or of any offense Under the Rules of Criminal Procedure. the
necessarily included therein. (Rule 130, Sec. 33, following are the rights accorded the accused:
ROC) (1) To be presumed innocent until the
contrary is proved beyond reasonable
Admission doubt.
Act, declaration or omission of party as to a (2) To be informed of the nature and cause
relevant fact. (Rule 130, Sec. 26, ROC) of the accusation against him.
(3) To be present and defend in person
Illegally obtained confessions and admissions are and by counsel at every stage of the
inadmissible against the source of the confession or proceedings, from arraignment to
admission. promulgation of the judgment.
(4) To testify as a witness in his own behalf
Rights that may be Waived but subject to cross-examination on
(1) Right to remain silent matters covered by direct
(2) Right to counsel examination. His silence shall not in
any manner prejudice him.
NOTE: However, that the right of the accused to be (5) To be exempt from being compelled to
be a witness against himself.
informed of these rights is not subject to waiver
(6) To confront and cross-examine the
witnesses against him at the trial.
Requisites for Valid Waiver
Either party may utilize as part of its
(1) Made voluntarily, knowingly and
evidence the testimony of a witness
intelligently
who is deceased, out of or can not
(2) In writing
with due diligence be found in the
(3) With the presence of counsel (People v.
Philippines, unavailable, or otherwise
Galit, GR. No. L-51770, Mar. 20, 1985).
unable to testify, given in another
case or proceeding, judicial or
Admissibility as evidence of confessions given to news
administrative, involving the same
reporters and/or media and videotaped confessions parties and subject matter, the
Confessions given in response to a question by news adverse party having the opportunity
reporters, not policemen, are admissible. Where the to cross-examine him.
suspect gave spontaneous answers to a televised interview (7) To have compulsory process issued to
by several press reporters, his answers are deemed to be secure the attendance of witnesses
voluntary and are admissible. and production of other evidence in his
behalf.
Videotaped confessions are admissible, where it is shown (8) To have speedy, impartial and public
that the accused unburdened his guilt willingly, openly and trial.
publicly in the presence of the newsmen. Such confessions (9) To appeal in all cases allowed and in
do not form part of confessions in custodial investigations the manner prescribed by law. (Sec. 1,
as it was not given to policemen but to media in attempt to
Rule 115, Rules of Court)
solicit sympathy and forgiveness from the public.
However, due to inherent danger of these videotaped

confessions, they must be accepted with extreme caution.
They should be presumed involuntary, as there may be
connivance between the police and media men (People v.

i. Requisites of Criminal Due Process

(1) Accused is heard by a court of competent
jurisdiction;
(2) Accused is proceeded against under the

orderly processes of law; i. Doctrines
(3) Accused is given notice and opportunity to be
heard; It is the responsibility of the prosecution to
(4) Judgment rendered was within the authority establish the defendant’s guilt beyond
of a constitutional law (Mejia v. Pamarn, G.R. No. reasonable doubt; otherwise, he is entitled to
L-56741-42, April 15, 1988) acquittal. Conviction will depend not on the
weakness of his defense but on the strength of
ii. Other Rights the prosecution.
In all criminal prosecutions, the accused shall
be: The presumption of innocence must be fully
(1) Presumed innocent until the contrary adhered to, requiring that there be evidence
is proved, and sufficient to remove every vestige of reasonable
(2) Shall enjoy the right to be heard by doubt (People v. Malilay, 63 SCRA 420).
himself and counsel,
(3) to be informed of the nature and The presumption of innocence is overcome only
cause of the accusation against him, by proof beyond reasonable doubt.
(4) to have a speedy, impartial, and public
trial, Every circumstance favoring the innocence of
(5) to meet the witnesses face to face, the accused must be taken into account (People
and v. Austria, G.R. No. 55109, April 8, 1991)
(6) to have compulsory process to secure
the attendance of witnesses and The proof against him must survive the test of
(7) the production of evidence in his reason; the strongest suspicion must not be
behalf. (Section 14, Art. 3, CONST) permitted to sway judgment (People v. Austria,
supra)
Trial May Proceed Even in The Absence of The
Accused After He Has Been Arraigned ii. Reasonable Doubt
However, after arraignment, trial may proceed It is that doubt engendered by an investigation of
notwithstanding the absence of the accused: the whole proof and an inability after such
Provided, that he has been duly notified and his investigation to let the mind rest upon the
failure to appear is unjustifiable. (Section 14, Art. certainty of guilt. Absolute certainty of guilt is
3, CONST) not demanded by the law to convict a criminal
charge, but moral certainty is required as to
Criminal Due Process and Publicity every proposition of proof requisite to constitute
To warrant a finding of prejudicial publicity there the offense (Mupas v. People, 172834, 2008).
must be allegation and proof that the judges have
been unduly influenced, not simply that they iii. Proof Beyond Reasonable Doubt
might be, by the barrage of publicity (Martelino Proof beyond reasonable doubt does not mean
v. Alejandro, G.R. No. L-30894, March 25, 1970) such a degree of proof as, excluding possibility of
error, produces absolute certainty. Only moral
certainty is required, or that degree of proof
• Sec. 14(1) is restricted to criminal cases only and which produces conviction in an unprejudiced
purely to their procedural requirements (Cruz, 2007 mind. (Rules of Court, Rule 133, Sec. 2)
ed).
iv. Equipoise Rule
• Criminal due process requires that the accused be Related to presumption of innocence is what is
tried by an impartial and competent court in called the EQUIPOISE RULE which says: That
accordance with the procedure prescribed by law and where the evidence of the parties in a criminal
with the proper observance of all the rights accorded case is evenly balanced, the constitutional
him under the Constitution and the applicable presumption of innocence should tilt the scales
statutes. in favor of the accused.
• The basic ingredient of criminal due process is a trial Clearly, however, there is no equipoise if the
conducted in accordance with the rudiments of fair evidence is not evenly balanced. The equipoise
play. Hence, the accused has a right to complain if the rule cannot be invoked where the evidence of the
judge has a personal or pecuniary interest in the prosecution is overwhelming (Malana v. People,
outcome of the case. 173612, 2008).
• The rights enumerated in Sec. 14 (2), including the

right to impartiality, are protected only during the
trial.

i. Definition (3) Decide whether the evidence of guilt of the

Security given for the release of a person in accused is strong based on the summary of
custody of law, furnished by him or a bondsman, evidence of the prosecution (Baylon v.
conditioned upon his appearance before any Sison);
court as may be required (Rule 114, Sec. 1, ROC). (4) If the guilt of the accused is not strong,
discharge the accused upon the approval of
It is a mode short of confinement which would, the bailbond. (Section 19, supra). Otherwise,
with reasonable certainty insure the attendance petition should be denied.
of the accused (De la Camara v. Enage, 41 SCRA 1,
1971). iv. Factors which must be considered in determining
bail
ii. Rules a. Ability to post bail
General Rule: All persons are: b. Nature of the offense
(1) Entitled to bail, provided that they give c. Penalty imposed by law
sufficient securities and be made before d. Character and reputation of the accused
conviction; or e. Health of the accused
(2) Be released on recognizance as may be f. Strength of the evidence
provided by law. g. Probability of appearing for trial
Exception: Those charged with offenses h. Prior forfeiture of bonds
punishable by reclusion perpetua when i. Whether the accused was a fugitive from
evidence of guilt is strong. justice when arrested
j. Whether under bond in other cases
General rule: Only persons under detention
may petition for bail, for the purpose of (1) Since bail is constitutionally available to all
such bail is to secure their provisional persons, it must be available to one who is
release. detained even before formal charges are filed
Exception: if the person commits any (Herras Teehanke v. Rovira, 75 Phil. 634 , 1945).
offenses which, under the law existing at (2) But of course, the person claiming the right
the time of its commission and at the time must be under actual detention or custody of
of the application for bail, may be punished the law. One is under the custody of the
by reclusion perpetua, even if a lesser laweither when he has been arrested or has
penalty may be imposed upon conviction. surrendered himself to the jurisdiction of the
Exception to Exception: However, even if court.
the crime imputed to the accused is
punishable by reclusion perpetua, he is still
entitled to bail if the evidence of guilt is not iv. Who is Entitled to Bail
strong (Cruz, 2007 ed). (1) Persons charged with offenses punishable
by death, reclusion perpetua or life
The right to bail shall not be impaired even when imprisonment, when evidence of guilt is not
the privilege of the writ of habeas corpus is strong
suspended. Excessive bail shall not be required. (2) Persons convicted by the trial court
(Section 13, Art. 3, CONST) pending their appeal
(3) Persons who are members of the AFP facing
iii. Form of Bail a court martial
(1) Corporate surety
(2) Property bond v. Hearing
(3) Cash deposit (1) The constitutional right to bail necessarily
(4) Recognizance includes the right to a hearing. When bail is
denied without a hearing, a fundamental
Because of the importance of the right to bail both right is violated (Beltran v. Diaz, 77 Phil. 484,
for the accused and for the prosecution, certain 1946). The hearing need not be separate and
duties are imposed upon the Judge. As reiterated distinct from the trial itself. And it need only
in the case of Basco v. Rapatalo: be summary. The right to a prompt hearing
(1) Notify the prosecutor of the hearing of the is waived by agreeing to postponements
application for bail or require him to submit (Munoz v. Rilloraza, 83 Phil. 609, 1949).
his recommendation (Section 18, Rule 114 of (2) Hearing on the petition for bail is required
the Rules of Court as amended); to satisfy due process, but this may be
(2) Conduct a hearing of the application for bail summary in nature or held in the course of
regardless of whether or not the the trial itself. A separate hearing is not
prosecution refuses to present evidence to indispensable (Gerardo v. CFI, 86 Phil. 504).
show that the guilt of the accused is strong
for the purpose of enabling the court to vi. Excessive Bail
exercise its sound discretion (Sections 7 and The right to bail can be rendered useless by a bail
8, supra); bond set at an exorbitant amount. Hence, the
Constitution prohibits “EXCESSIVE BAIL.”
(Bernas)

(2) That he has

vii. Bail as a Matter of Right v. Bail as a Matter of previously
Discretion escaped from
legal
Bail as a right Bail, when discretionary confinement,
Bail is a matter of right if evaded sentence,
a person is charged with Bail is discretionary when a or violated the
an offense not person is charged with an conditions of his
punishable by reclusion offense bail without valid
perpetua, life justification;
imprisonment or death. (3) That he
All persons in custody Upon conviction by the RTC committed the
shall be admitted to bail of an offense not punishable offense while
as a matter of right, with by death, reclusion under probation,
sufficient sureties, or perpetua, or life parole, or
released on imprisonment, admission to conditional
recognizance as bail is discretionary. pardon;
prescribed by law or this (4) That the
Rule: The application for bail may circumstances of
be filed and acted upon by his case indicate
(a) before or after the trial court despite the the probability of
conviction by the filing of a notice of appeal, flight if released
Metropolitan Trial provided it has not on bail; or
Court, Municipal Trial transmitted the original (5) That there is
Court, Municipal Trial record to the appellate undue risk that he
Court in Cities, or court. However, if the may commit
Municipal Circuit Trial decision of the trial court another crime
Court, and conviction the accused during the
changed the nature of the pendency of the
(b) before conviction by offense from non-bailable appeal.
the Regional Trial court to bailable, the application
of an offense not for bail can only be filed The appellate court
punishable by with and resolved by the may, motu proprio or on
death, reclusion appellate court. motion of any party, review
perpetua, or life the resolution of the
imprisonment. (Sec. Should the court grant the Regional Trial Court after
4. Rule 114, ROC) application, the accused notice to the adverse party
may be allowed to continue in either case. (Sec. 5, Rule
on provisional liberty 114, ROC)
during the pendency of the
appeal under the same bail
subject to the consent of
the bondsman.
i. Definition
If the penalty imposed by In a very broad sense, it can be understood to
the trial court is mean the totality of the rights embodied in an
imprisonment exceeding adequate criminal procedural system (Bernas).
six (6) years, the accused
shall be denied bail, or his The right to be heard can be understood to mean
bail shall be cancelled upon the totality of the rights embodied in an
a showing by the adequate criminal procedure system, which can
prosecution, with notice to be viewed as expressing both the qualities of the
the accuse, of the following hearer and the manner of hearing.
or other similar
circumstances: If he opts to be silent where he has a right to
speak, he cannot later be heard to complain that
(1) That he is a he was unduly silenced (Stringhold Ins. Co. v.
recidivist, quasi-
Court of Appeals, G.R. No. 89020, May 5, 1992)
recidivist, or
habitual
ii. Qualities of the Hearer
delinquent, or has
The qualities demanded of the hearer are
committed the
fairness and impartiality. Lit is demanded that
crime aggravated
judge may not play the double role od prosecutor
by the
and judge in one and the same case. He must
circumstance of
maintain an attitude of neutrality in regard to the
reiteration;

prosecution and the accused (People v. • to inform the court of the facts alleged, so
Castaneda, 63 Phil. 480, 1936). that it may decide whether they are
sufficient in law to support a conviction if
iii. The more active role of the accused in expressing one should be had. (United
the right to be heard includes: States vs. Cruikshank, 92 U. S., 542.)
(1) The right to present evidence and to be
present at the trial ii. Requisites for Properly Informing the Accused of
(a) Includes the right to testify in one’s the Nature and Cause of Accusation
favor and (1) Information must state the name of the
(b) The right to be given time to call accused
witnesses (US v. Chueco, 37 Phil. 53, 1917) (2) Designation given to the offense by statute
(3) Statement of the acts or omission so
(2) The right to be assisted by counsel complained of as constituting the offense
(a) The right of the accused to counsel in (4) Name of the offended party
criminal proceedings has never been (5) Approximate time and date of commission
considered subject to waiver (Florez v. of the offense
Ruiz, 90 SCRA 429). (6) Place where offense was committed
(b) The right to be assisted by counsel is (7) Every element of the offense must be
deemed so important that it has become alleged in the complaint or information
a constitutional right and it is so
implemented that under our rules of
procedure it is not enough for the Court In order that this requirement may be satisfied, facts
to apprise an accused of his right to have must be stated; not conclusions of law. Every crime is
an attorney, it is not enough to ask him made up of certain acts and intent; these must be set
whether he desires the aid of an forth in the complaint with reasonable particularity of
attorney, but it is essential that the court time, place, names (plaintiff and defendant), and
should assign one de oficio if he so circumstances. In short, the complaint must contain
desires and he is poor grant him a a specific allegation of every fact and circumstance
reasonable time to procure an attorney necessary to constitute the crime charged.
of his own (People v. Holgado, 86 Phil. 752).
The defendant is entitled to know the nature and
(3) [W]hen a defendant appears without cause of the accusation against him so he can
attorney, the court has four important adequately prepare for his defense (Cruz, 2007 ed).
duties to comply with:
The description and not the designation of the
(a) It must inform the defendant that it is
offense is controlling.
his right to have attorney before being
arraigned;
The defendant is also denied the right to be informed
(b) After giving him such information the
of the charge against him, and to due process as well,
court must ask him if he desires the aid
where the statute itself is couched in such indefinite
of an attorney;
language that it is not possible for men of ordinary
(c) If he desires and is unable to employ
intelligence to determine therefrom what acts or
attorney, the court must assign
omissions are punished and hence, should be avoided.
counsel de oficio to defend him;
(d) If the accused desires to procure an This is the void-for-vagueness rule.
attorney of his own the court must grant
him a reasonable time therefor.
Where duly authorized members of the bar are

not available, the court may appoint any person i. Speedy Trial
resident of the province and of good repute for Speedy Trial defined,
probity and ability. One free from vexatious, capricious and
The right to compulsory process to compel the oppressive delays and is intended to relieve the
attendance of witnesses in his behalf. accused of needless anxieties and
inconveniences before sentence is pronounced
upon him (Flores v. People, 61 SCRA 331). The
right to speedy trial [Sec. 14 (2)] particularly
refers to criminal prosecutions which are at the
i. Purpose and Requirements trial stage.
(US v. Karelsen, 3 Phil. 223, 1904)
• to furnish the accused with such a Factors which may be considered in determining
description of the charge against him as will whether the accused has been deprived of his
enable him to make his defense; right to speedy trial and disposition of case:
• to avail himself of his conviction or acquittal (Corpuz v. Sandiganbayan)
for protection against a further prosecution o Length of delay;
for the same cause; and o Reason for the delay;
o Defendant’s assertion of his right; and

o Prejudice to the defendant.

AD TESTIFICANDUM DECUS TECUM
The denial of the right to speedy trial is a ground A process directed to a The person is also
for acquittal. person requiring him to required to bring
attend and to testify at the with him any
Remedy for Violation: Dismissal through hearing or trial of an action, books, documents,
mandamus. or at any investigation or other things
conducted by competent under his control.
ii. Impartial Trial authority, or for the taking of
Accused is entitled to cold and neutrality of an his deposition.
impartial judge
The subpoena duces tecum shall contain a reasonable
iii. Public Trial
description of the books, documents or things
General rule: A trial is public when anyone demanded which must appear to the court as prima
interested in observing the manner a judge facie relevant.
conducts the proceedings in his courtroom may
do so. There is no ban on such attendance. His
being a stranger to the litigants is of no moment. iii. Requirements for the exercise of the right to
No relationship to the parties need be shown secure attendance of witness
(Garcia v. Domingo, L-30104, 1973). (1) The witness is really material
(2) The attendance of the witness was
Exception: The general public may be excluded previously obtained
when the evidence to be presented in the (3) The witness will be available at the time
proceeding may be characterized as offensive to desired
decency or public morals (Rule 119, Sec. 13, ROC). (4) No similar evidence could be obtained
However, if the trial held in the judge’s chambers
is not for the reason that the proceeding may be Right to cross-examine is demandable only during
characterized as offensive to decency or public trials. Thus, it cannot be availed of during
morals, then any evidence of an attempt to preliminary investigations.
exclude the public (trial held in judge’s
chambers) is violative of the constitutional iv. Principal Exceptions to the Right of
command. confrontation
(1) Admissibility of dying declarations and all
exceptions to the hearsay rule
(2) Trial in absentia under Sec.14 (2) of Art. III of
the Constitution
i. Two-Fold Purpose (3) With respect to child testimony
(1) To afford the accused an opportunity to test
the testimony of the witness by cross-
examination, and
(2) To allow the judge to observe the
deportment of the witness (US v. Anastacio, i. When Available
6 Phil. 413, 1906).
Trial in absentia is mandatory upon the court
Right of confrontation is recognized during
whenever the accused has been arraigned,
preliminary investigation proper but not during
notified of the date/s of hearing, and his absence
preliminary examination. A preliminary
is unjustified (People v. Judge Salas, G.R. No. L-
examination is generally a proceeding ex parte in
66469, July 29, 1986)
which the person charged has no right to
ii. Requisites
participate or be present (Marinas v. Siochi, 104
(1) The accused has already been arraigned;
SCRA 423, 1981).
(2) He has been duly notified of the trial; and
(3) His failure to appear is unjustified (People v.
ii. Compulsory Process
Salas, supra).
(1) The accused is entitled under the
Constitution to the issuance of subpoena
This is mandatory upon the court whenever the
and subpoena duces tecum for the purpose
accused has been arraigned, notified of the dates
of compelling the attendance of witnesses
of the hearing, and his absence is unjustified.
and the production of evidence that he may
need for his defense. Failure to obey then
Trial in absentia can also take place when the
subject to contempt of court or may be
accused voluntarily waives his right to be
arrested so needed evidence will be given.
present. This right may be waived PROVIDED
(2) The right to compulsory process must be
that
invoked during the trial. Failure to do so
(1) After arraignment he may be
constitutes a waiver that cannot be rectified
compelled to appear for the purpose of
or undone on appeal (US v. Garcia, 10 Phil. identification by the witnesses of the
384). prosecution, or

(2) He unqualifiedly admits in open court Issue: Was the physical examination violating his
after his arraignment that he is the right against self-incrimination?
person named as defendant in the case Held: No. The taking of a substance from his body
on trial (Carredo v. People, 77542, 1990). was not a violation of the said right. He was
neither compelled to make any admissions or
to answer any questions. The substance was
taken from his body without his objection and
was examined by competent medical authority.
The prohibition of self-incrimination in the Bill
The right to a speedy disposition of cases extends to all of Rights is a prohibition of the use of physical
parties in all cases, be it civil or administrative in or moral compulsion to extort
nature, as well as all proceedings, either judicial or communications from him, and not an
quasi-judicial; in contrast with the right to a speedy exclusion of his body as evidence, when it may
trial under Section 14 of the Constitution which is be material. It would be the same as if the
limited to the accused in criminal prosecutions which offender apprehended was a thief and the
are at the trial stage. In this accord, any party to a case object stolen by him may be used as evidence
may demand expeditious action to all officials who are against him.
tasked with the administration of justice. (Coscolluela Hand Writing
v. Sanbiganbayan, G.R. No. 191411, July 15, 2013) Since witnesses in a preliminary investigation
are protected by the prohibition, they may not
The right to speedy disposition of cases should be be compelled to take a dictation to compare their
understood to be a relative or flexible concept such handwriting with that found in a supposedly
that a mere mathematical reckoning of the time falsified document (Beltran vs. Samson. 1929).
involved would not be sufficient. The right is deemed
violated only when the proceedings are attended by Mere denial of the witness that the documents
vexatious, capricious, and oppressive delays; or when were in her handwriting does not constitute a
unjustified postponements of the trial are asked for waiver of the right because such denial discloses
and secured; or even without cause or justifiable nothing (Bermudez vs. Castillo, 1937).
motive, a long period of time is allowed to elapse
without the party having his case tried. (Coscolluela v.
Documents and Records
Sanbiganbayan, supra)
A compulsory production of the private books
and papers of the owner is compelling him to be
In the determination of whether the defendant has
a witness against himself.
been denied his right to a speedy disposition of a case,
Exception
the following factors may be considered and balanced:
Shapiro vs. United States 335 US 1, (1948)
(1) the length of delay;
(2) the reasons for the delay; Facts: A prosecution arose from alleged
(3) the assertion or failure to assert such right by the violations of the Emergency Price Control
defendant; and Act of 1942. The defendant was required by
(4) the prejudice caused by the delay. law to keep certain records. When these
records were ordered produced, he claimed
protection under this privilege.
Issue: Is the defendant entitled to invoke the
right?
i. Scope and Coverage Held: No. The privilege which exists as to
private papers cannot be maintained in
Purpose of the provision is to prohibit relation to ‘records required by law to be
compulsory oral examination of prisoners before kept in order that there may be suitable
the trial, or upon trial to extort unwilling information of transactions which are the
confessions or declarations (Bernas). appropriate subjects of governmental
What is prohibited is the use of physical or regulations and the enforcement of
moral torture to extort information from the restrictions validly established.
witness, not inclusion of his body or substances
from it, in evidence. iii. Incriminating Question
Not prohibited: Physical Examination
ii. Doctrines Incriminating Questions are those that tend to
establish a fact necessary in linking the evidence
to prove the commission of crime by the accused
Us vs. Tan Teng 23 Phil 145, GR 7081, (1912)
or the witness.
Facts: The defendant was accused of raping his
A question tends to incriminate when the answer
7yr old neighbor. She later contracted
of the accused or the witness would establish a
gonorrhea. The investigation revealed him as
fact which would be a necessary link in a chain of
the suspect after they examined substances
evidence to prove the commission of a crime by
from his body and found he had gonorrhea. He
the accused or the witness.
alleged his right against self-incrimination was
NOTE: The privilege against self-
violated because of the physical examination.
incrimination is not self-executing or

automatically operational. It must be

claimed. It follows that the right may be iv. Immunity Statutes
waived, expressly, or impliedly, as by a
failure to claim it at the appropriate time. Scope
The privilege against self-incrimination can be • Use Immunity
claimed only when the specific question, • Transactional Immunity
incriminatory in character, is actually addressed • Exclusionary Rule
to the witness. It cannot be claimed at any other
time. It does not give a witness the right to USE IMMUNITY
disregard a subpoena, to decline to appear Sec. 18(8), Article XIII, Constitution: The
before the court at the time appointed (Rosete v. Commission on Human Rights shall have the
Lim, G.R. No. 136051, June 8, 2006). following powers and functions:
The right includes a right to refuse to testify to a (8) Grant immunity from prosecution to
fact which would be a necessary link in a chain of any person whose testimony or whose
evidence to prove the commission of a crime by possession of documents or other
a witness (Fernando vs. Maglanoc, 1954). evidence is necessary or convenient to
determine the truth in any investigation
Application conducted by it or under its authority;
To Persons
(1) The right applies only to natural persons. • The provision on use immunity prohibits
The accused, a witness, and a witness who the use of the witness’ compelled testimony
is also an accused, may avail of this right. and its fruits in any manner connected with
a. Accused may refuse to be a witness the criminal prosecution of the witness. The
altogether. witness may still be prosecuted but his
b. Witness cannot refuse to take the compelled testimony is dispensed with.
stand. He may invoke the right when • The provision grants the CHR the right to
an incriminating question is asked. grant this immunity to persons whose
documents were compelled to be submitted
TO PROCEEDINGS in evidence.
• The right may be invoked in criminal
proceedings and administrative TRANSACTIONAL IMMUNITY
investigations in the nature of or RA 1379: An Act Providing for Forfeiture in Favor
analogous to a criminal proceeding. of the State any Property found to have been
Unlawfully Acquired by any Public Officer or
Pascual Jr. v. Board of Medical Examiner GR L- Employee:
25018 (1969) (8) Protection against self-
Facts: The petitioner filed an action for incrimination. Neither the respondent nor any
prohibition and preliminary injunction in a other person shall be excused from attending
proceeding for his alleged malpractice. He claims and testifying or from producing books, papers,
the counsel for the respondent violated his right correspondence, memoranda and other records
against self-incrimination after he expressly on the ground that the testimony or evidence,
stated he refused to be a witness for them. This documentary or otherwise, required of him may
was in record. The respondents said he would be tend to incriminate him or subject him to
called again to the witness stand unless he can prosecution; but no individual shall be
obtain a restraining order. prosecuted criminally for or on account of any
Issue: Was compelling the accused to be the transaction, matter or thing concerning which
respondent’s first witness in violation of his he is compelled, after having claimed his
right? privilege against self-incrimination, to testify or
Held: The Court found for the petitioner in produce evidence, documentary or otherwise,
accordance with the well-settled principle that except that such individual so testifying shall not
"the accused in a criminal case may refuse, not be exempt from prosecution and conviction for
only to answer incriminatory questions, but, perjury or false testimony committed in so
also, to take the witness stand." If petitioner testifying or from administrative proceedings.
would be compelled to testify against himself, he
could suffer not the forfeiture of property but (9) Immunity. The Solicitor General may grant
the revocation of his license as immunity from criminal prosecution to any
a medical practitioner. The constitutional person who testifies to the unlawful manner in
guarantee protects as well the right to silence: which the respondent has acquired any of the
"The accused has a perfect right to remain silent property in question in cases where such
and his silence cannot be used as a presumption testimony is necessary to prove violations of this
of his guilt." It is the right of a defendant "to Act.
forego testimony, to remain silent, unless he
chooses to take the witness stand — with • Such immunity is granted to the witness
undiluted, unfettered exercise of his own free from prosecution for an offense to which
genuine will."

his compelled testimony relates to. The Crimes covered by the rule against double jeopardy.
witness cannot be prosecuted at all. The accused may not be prosecuted anew:
(a) For the original offense charged, or
• The respondent cannot excuse himself from (b) For any attempt to commit the same or
producing the documentary evidence frustration thereof, or
required by invoking the right against self- (c) For any offense which necessarily includes
incrimination. or is necessarily included in the offense
charged in the original complaint or
• But he cannot be criminally prosecuted for information (Cruz).
transactions he was compelled into after he
has invoked this right. However, he can still Supervening Event
be prosecuted for perjury or false testimony The accused may be prosecuted for another offense if
for testifying as such, and for administrative a subsequent development changes the character of
proceedings. the first indictment under which he may have already
been charged or convicted.
EXCLUSIONARY RULE
Sec. 12(2), Article III, Constitution: No torture, Where after the first prosecution a new fact
force, violence, threat, intimidation, or any other supervenes for which the defendant is responsible,
means which vitiate the free will shall be used which changes the character of the offense and,
against him. Secret detention places, solitary, together with the facts existing at the time, constitutes
incommunicado, or other similar forms of a new and distinct offense, the accused cannot be said
detention are prohibited to be in second jeopardy if indicted for the new
offense. (People v. City Court of Manila, Br. XI, 121 SCRA
637)
The right against double jeopardy prohibits the Double Jeopardy for the Same Act
The constitutional protection against double jeopardy
prosecution of any person for a crime of which he has
is available only where an identity is shown to exist
previously been acquitted or convicted.
between the earlier the subsequent offense charged.
The rule protects the accused not against the peril of  The identity of offenses does not require on-to-
second punishment, but against being again tried for one correspondence between the facts and law
the same offense. (People v. Ylagan, 58 Phil 851) involved in one offense is completely included in
the other (Bernas).
Purpose  An offense penalized by municipal ordinance, is
To set the effects of the first prosecution forever at by definition, different from an offense under a
rest, assuring the accused that he shall not thereafter statute. The two offenses would never constitute
be subjected to the dangers and anxiety of a second the same offense having been promulgated by
charge against him for the same offense (Cruz). different rule-making authorities and the plea of
double jeopardy would never lie. (People v.
Relova, 148 SCRA 292)
3 Elements for Valid Claim of Double Jeopardy
(a) A first jeopardy must have attached prior to the
second; Motion to Quash
(b) the first jeopardy must have been validly Dismissal on motion to quash prevents jeopardy,
terminated; and because it does not amount to acquittal on merits
(c) the second jeopardy must be for the same since it is directed at the insufficiency of the first
offense as that in the first (Canceran vs. People of information. The defendant is deemed not to have
the Philippines, G.R. No. 206442). been charged. (Cañiza v. People, 159 SCRA 16)
When does First Jeopardy Terminate Dismissal on Demurrer

(a) By acquittal; The Court has held that a dismissal on demurer is
(b) By final conviction; equivalent to an acquittal on the merits, and
(c) By dismissal without express consent of the consequently, a bar to a subsequent prosecution for
accused; and the same offense or an offense which necessarily
(d) By dismissal on merit includes or is necessarily included in the offense
charged in the former complaint but dismissal was
predicated either on the failure of the prosecution to
Double Jeopardy Attaches Only When:
prove the guilt of the accuse beyond reasonable doubt,
(a) there has been a valid indictment;
or on the right of the accused to a speedy trial. (People
(b) before a competent court;
v. Mogol, 131 SCRA 296)
(c) after arraignment;
(d) a valid plea having been entered; and
(e) the case was dismissed or otherwise terminated Absence of Jurisdiction Prevents Jeopardy
without the express consent of the accused A court without jurisdiction cannot render a valid
(Icasiano vs. Sandiganbayan, G.R. No. 95642, May judgment; hence, a person charged before it cannot
28, 1992). plead double jeopardy when tried anew for the same
offense by a competent court, as the first prosecution
never placed him in jeopardy (Cruz).

death is not cruel. The constitutional limit is

based on the mode and nature of the punishment
Waiver of Protection in terms of the physical pain (Legarda vs. Valdez
The protection against double jeopardy may be waived 1 Phil 146, 1902).
by the accused. Thus, when the accused himself files
or consents to the filing of a motion for A penalty is cruel and unusual if it is flagrantly
reconsideration or modification, double jeopardy disproportionate to the offense no matter under
cannot be invoked because the accused waived his what circumstances the offense may be
right not to be placed therein by filing such motion. committed. The punishment imposed by the
This is because a motion for reconsideration or Legislature exceeded the limits of its
modification filed by or with consent of the accused discretionary power (Bernas).
renders the entire evidence open for the review of the
trial court without, however, conducting further A fine is considered excessive when it is clearly
proceedings, such as the taking of additional proof. shown that the nature of the violation compared
(People v. Astudillo, 401 SCRA 723) with the fine is disproportionate, or if it exceeds
the utmost limit of the punishment which the
vindication of the law demands (U.S. v. Valera,
G.R. No. L- 8956, February 4, 1914)
i. Illegal Detention Punishment is degrading if it exposes a person to

The provision on illegal detention is an added public humiliation.
security to the due process clause, and to the
guarantee of freedom of speech, press and Unconstitutional punishments imply something
expression in Section 4. inhuman and barbarous, something more than
the mere extinguishment of life (People vs.
ii. Involuntary Servitude Mercado, GR No. 116239, November 29, 2000).
Involuntary Servitude
A condition of enforced or compulsory service of The cruelty against which the Constitution
one to another (Rubi vs. Provincial Board, 39 protects a convicted man is cruelty inherent in
Phil 660, 708, 1919) no matter under what form the method of punishment, not the necessary
such servitude may be disguised (Bailey vs. suffering involved in any method employed to
Alabama, 219 U.S. 219, 1910). extinguish life humanely (Echegaray v. Secretary
of Justice, G.R. No. 132601, January 19, 1999)
• Domestic services are always to be
renumerated, and no agreement may ii. Four Basic Principles for Judging Severe
subsist in law in which it is stipulated Punishment
that any domestic service shall be (1) The punishment must not be so severe as to
absolutely gratuitous, unless it be be degrading to the dignity of human beings.
admitted that slavery may be (2) It must not be applied arbitrarily.
established in this country through a (3) It must not be unacceptable to contemporary
covenant entered into between society
interested parties. (de los Reyes vs. (4) It must not be excessive, or it must serve a
Alojado, 1910) penal purpose more effectively than a less severe
Exceptions punishment would. (J. Brennan, Furman vs.
• Punishment for a crime for which the Georgia, 408 U.S. 238, 1972)
party has been duly convicted.
• Personal military or civil service in the NOTE: Fr. Bernas says that the accused cannot
interest of national defense. be convicted of the crime to which the
• In naval enlistment: a person who punishment is attached if the court finds that the
enlists in a merchant ship may be punishment is cruel, degrading or inhuman. The
compelled to remain in service until reason for this is without a valid penalty, the law
the end of the voyage. is not a penal law.
• Posse comitatus for the apprehension iii. Excessive Fines
of criminals A fine is excessive when it is disproportionate to
• Return to work order issued by the the offense or crime committed.
DOLE Secretary or the President.
• Minors under patria potestas are iv. Death Penalty
obliged to obey their parents. RA 7659, Death Penalty Law
RA 9346, Suspending Death Penalty Law
The Constitution prohibits imposing capital

punishment, but Congress has discretion to
revive it under circumstances of heinous crimes.
i. Cruel, Degrading, and Inhumane Punishments The penalty was abolished altogether, but left
Punishment is cruel and inhumane if it involves the matter open for Congress to revive capital
torture or lingering death; but the punishment of

punishment at its discretion “for compelling residence certificate which generally serves as a
reasons involving heinous crimes” personal identification instrument (Bernas).
Heinous Crimes defined, A specific fixed sum levied upon every person
RA 7659 provides that crimes are heinous “for belonging to a certain class without regard to his
being grievous, odious, and hateful offenses and property or occupation (Cruz, 2007 ed).
which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity Poll tax is not progressive and antiquated.
are repugnant and outrageous to the common
standards and norms of decency and morality in Nonpayment of poll-tax is the exception to
a just, civilized and ordered society”. The Court non-imprisonment for failure to pay debt
finds this definition or descriptions “to be a Since a tax is not a debt but arises from the
sufficient criterion of what is to be considered a obligation of the person to contribute his share
heinous crime”. (People v. Echagaray, G.R. No. in the maintenance of the government, failure to
117472, Feb. 7, 1997) pay the same can be validly punished with
imprisonment. This exception is adopted
Requirements for Restoring Death Penalty pursuant to the social justice policy (Cruz, 2007
(1) That Congress define or describe what is ed).
meant by heinous crimes;
(2) That Congress specify and penalize
death only crimes that qualify as heinous as
defined or described, and/or designate
crimes punishable by reclusion perpetua to
death in which the latter case, death can
only be imposed upon attendance of
circumstances duly proven in court;
(3) That Congress, in enacting the death • Makes an action done before the passing of the law
penalty bill, be singularly motivated by and which was innocent when done criminal, and
“compelling reasons involving heinous punishes the action; or
crimes”. • Aggravates a crime or makes it greater than when it
was committed; or
v. Custodial Cruelties and Inadequate Penal • Changes the punishment and inflicts a greater
Facilities punishment than the law annexed to the crime when
Unless facilities of the penitentiary are brought it was committed; or
up to a level of constitutional tolerability, they • Alters the legal rules of evidence and receives less or
should not be used for the confinement of different testimony than the law required at the time
prisoners at all (Bernas). of the commission of the offense in order to convict
the defendant.
• Assumes to regulate civil rights and remedies only but
in effect imposes a penalty or deprivation of a right
which when done was lawful;
i. Non-Payment of Debt • Deprives a person accused of a crime of some lawful
Debt defined, protection to which he has become entitled, such as
Refers to any civil obligation arising from the protection of a former conviction or acquittal, or
contract, expressed or implied (Cruz, 2007 ed). a proclamation of amnesty (Bernas).
As long as the obligation to pay arises ex NOTES:

contractu, it is considered a private matter  The ex-post facto clause only prohibits
between the creditor and the debtor and the retrospective penal laws.
punitive arm of the State cannot be employed in
 A law on criminal procedure can be an ex-
a criminal action to enforce the former’s right.
post facto law when it alters the legal rules
The remedy in this case is a civil action only for
of evidence or mode of trial UNLESS the
the recovery of the unpaid debt.
changes operate only in a limited and
unsubstantial manner to the disadvantage
Debt includes even debts obtained through fraud
of the accused.
since no distinction is made in the Constitution.
 A law shortening the prescriptive period
for a crime is ex-post facto law.
Debt defined,
Refers to any civil obligation arising from
contract, expressed or implied (Cruz, 2007 ed).
i. Definition
ii. Non-Payment of Poll-Tax A legislative act that inflicts punishment without
Poll Tax or Cedula Tax defined, trial, its essence being the substitution of
It is a tax imposed on all persons of a certain age. legislative fiat for a judicial determination of guilt
At present it is the tax one pays for his or her (Cruz).

b. To determine the sufficiency of the factual

ii. Elements basis of the suspension
(1) There must be a law;
(2) The law imposes a penal burden on a named Habeas Corpus cannot be used:
individual or easily ascertainable members a. To question the conditions of confinement
of a group; b. To question the charges have been filed
(3) The penal burden is imposed directly by the
law without judicial trial.
iii. Two Kinds of Bill of Attainder

(1) Bill of attainder proper (legislative The writ is a remedy available to a natural or juridical
imposition of the death penalty) person, or entity authorized by law, people’s
(2) Bill of pains and penalties (imposition of a organization, non-governmental organization, or any
lesser penalty) public interest group accredited by or registered with
any government agency, on behalf of persons whose
constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by an
unlawful act or private individual or entity, involving
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in
two or more cities or municipalities. (A.M. No. 09-06-
08-SC, Sec. 1, Rule 7)
Where to File
The privilege of the writ of habeas corpus shall not be The petition shall be filed with Supreme Court or with
suspended except in cases of invasion or rebellion or any of the stations of the Court of Appeals. (A.M. No.
when the public safety requires it. (Sec. 15, Srt. III. 09-06-08-SC, Sec. 3, Rule 7)
1987 Philippine Constitution)
Contents of the Petition
“A writ directed to the person detaining another, (a) The personal circumstances of the petitioner;
commanding him to produce the body of the prisoner
at a designated time and place, with the day and cause (b) The name and personal circumstances of the
of his caption and detention, to do, submit to, and respondent or if the name and personal
receive whatever the court or judge awarding the writ circumstances are unknown and uncertain, the
shall consider in the behalf.” respondent may be described by an assumed
appellation;
The writ is never suspended. What is suspended is the
privilege of the writ. (c) The environmental law, rule or regulation
violated or threatened to be violated, the act or
It requires the deprivation of personal liberty: omission complained of, and the environmental
a. Physical compulsion or coercion damage of such magnitude as to prejudice the
b. Duress life, health or property of inhabitants in two or
c. External moral compulsion more cities or provinces.
d. Founded on groundless fear
e. Erroneous belief in the existence of an (d) All relevant and material evidence consisting
imgainary power of an imposter to cause of the affidavits of witnesses, documentary
harm if not blindly obeyed evidence, scientific or other expert studies, and
f. Any psychological element that may curtail if possible, object evidence;
the mental facility of choice of the
unhampered exercise of the will (e) The certification of petitioner under oath
that: (1) petitioner has not commenced any
Suspension of the privilege of the writ of habeas action or filed any claim involving the same
corpus issues in any court, tribunal or quasi-judicial
The President may suspend the privilege for a period agency, and no such other action or claim is
not exceeding 60days. The grounds for the pending therein; (2) if there is such other
suspension of the privilege are the following: pending action or claim, a complete statement of
a. Actual invasion or actual rebellion its present status; (3) if petitioner should learn
b. When the public safety requires the that the same or similar action or claim has been
suspension filed or is pending, petitioner shall report to the
court that fact within five (5) days therefrom; and
What is suspended by the Chief Executive is the
privilege of the writ an not the writ itself. (f) The reliefs prayed for which may include a
prayer for the issuance of a TEPO. (A.M. No. 09-
The Supreme Court has the following powers: 06-08-SC, Sec. 2, Rule 7)
a. To determine the arbitrariness in the
manner of arriving at the suspension.

Within 3 days from the date of filing of the petition, if Who may file
the petition is sufficient in form and substance, and General Rule: Aggrieved Party
the court shall give an order: (a) issuing the writ; and Exception: In cases of extralegal killings or enforced
(b) requiring the respondents to file a verified return
disappearances, any member of the immediate family,
as provided in Sec. 8 of this Rule. The clerk of court
or, in default, any ascendant, descendant, or collateral
shall forthwith issue the writ under the seal of the
court including the issuance of a cease and desist relatives of the aggrieved party within the 4th degree
order and other temporary reliefs effective until of consanguinity or affinity
further order. (A.M. No. 09-06-08-SC, Sec. 5, Rule 7)
May be availed of outside of extralegal killings
Reliefs Available The writ of habeas data, however, can be availed of as
Within 60 days from the time the petition is
an independent remedy to enforce one’s right to
submitted for decision, the court shall render
privacy, more specifically the right to informational
judgment granting or denying the privilege of the writ
of Kalikasan. privacy. The remedies against the violation of such
right can include the updating, rectification,
The reliefs that may be granted under the writ are the suppression or destruction of the database or
following: information or files in possession or in control of
a. Directing respondent to permanently cease respondents. (Vivares v. St. Teresa’s College, 2014)
and desist from continuing acts or
neglecting the performance of a duty in
violation of environmental laws resulting in
environmental destruction or damage;
b. Directing the respondent public official,
A remedy available to any person whose right to life,
government agency, private person or
liberty and security is violated or threatened with
entity to protect, preserve, rehabilitate, or
violation by any unlawful act or omission of a public
restore the environment;
official or employee, or of a private individual or
c. Directing the respondent public official,
entity. (Secretary of Defense v. Manalo, 588 SCRA 42,
government agency, private person or
2008)
entity to monitor strict compliance with the
The Writ of Amparo does not cover threats to
decision and orders of the court;
property. To be entitled to a Writ of Amparo,
d. Directing the respondent public official,
petitioners must prove that their rights to life, liberty,
government agency, or private person or
and security are being violated or threatened by an
entity to make periodic reports on the
unlawful act or omission. The intrusion into their farm
execution final judgment; and
was merely a violation of property rights. (Pador v.
e. Such other reliefs which relate to the right
Arcayan, G.R. No. 18346, 2013)
of the people to a balance and healthful
The following are some property rights that are not
ecology or to the protection, preservation,
rehabilitation or restoration of the covered by the Writ of Amparo
environment, except the award of damages a. Right to be instituted of personal
to individual petitioner. (A.M. No. 09-06- belongings. It is already subsumed under
08-SC, Sec. 15, Rule 7) the general rubric of property rights which
are no longer protected by the writ of
amparo. (Roxas v. Arroyo, G.R. No. 189155,
2010)
b. Merely seeking protection of property
The writ of habeas data is a remedy available to any rights, like land in possession of the
person whose right to privacy in life, liberty or petitioners. (Castillo v. Cruz, G.R. No. 182165,
security is violated or threatened by an unlawful act 2009)
or omission of a public official or employee, or of a c. Violent incidents purely property-related
private individual or entity engaged in the gathering, such as acts of terrorism in relation to a
collecting or storing of data or information regarding disputed land. (Tapuz v. Hon. Judge del
the person, family, home and correspondence of the Rosario, G.R. No. 182448, 2008)
aggrieved party. (A.M. No. 08-1-16-SC)
Two-fold Burden for Public Authorities:
It is an independent and summary remedy designed The burden for the public authorities to discharge in
to protect the image, privacy, honor, information, and these situations, under the Rule on the Writ of Amparo,
freedom of information of an individual, and to is two-fold. The first is to ensure that all efforts at
provide a forum to enforce one's right to the truth and disclousure and investigation are undertaken under
to informational privacy. It seeks to protect a person's pain of indirect contempt from this Court when
governmental efforts are less that what the individual
right to control information regarding oneself,
situations require. The second is to address the
particularly in instances in which such information is
disappearance, so that the life of the victim is
being collected through unlawful means in order to preserved and his or her liberty and security restored.
achieve unlawful ends. (Gen. Bautista v. Dannug- (Razon v. Tagitis, G.R. No. 182498, 2009)
Salucon, January 23, 2018)

The remedy of writ of amparo provides rapid judicial

relief as it partakes of a summary proceeding that
requires only substantial evidence to make the
appropriate reliefs available to the petitioner; it is not
an action to determine criminal guilt requiring proof
beyond reasonable , or liability for damages requiring
preponderance of evidence that will require full and
exhaustive proceedings. (Razon v. Tagitis, G.R. No.
182498, 2009)
The petitioner in an amparo case has the burden of

proving by substantial evidence the indispensable
element of government participation. (Spouses Martin
and Santiago v. Tulfo, G.R. No. 205039, 2015)
Elements of Forced Disappearance

1. That there be an arrest, detention, abduction or
any form of deprivation of liberty;
2. 2. That it be carried out by, or with the
authorization, support or acquiescence of, the
State or a political organization;
3. That it be followed by the State or political
organization’s refusal to acknowledge or give
information on the fate or whereabouts of the
person subject of the amparo; and
4. 4. That the intention for such refusal is to remove
the subject person from the protection of the law
for a prolonged period of time. (Section 3 (g0,
R.A. No. 9851; Mison v. Gallegos, G.R. No. 210759,
2015)

Political Law Law on Public Officers
DEFINITION
A public office is the right, authority, and duty, created and
conferred by law, by which, for a given period, either fixed by
law or enduring at the pleasure of the creating power, an
individual is invested with some portion of the sovereign
functions of the government, to be exercised by him for the
benefit of the public. The individual so invested is a public
officer. (Laurel v. Desierto, 381 SCRA 48)
A public office is a public trust. A public servant is expected

to exhibit, at all times, the highest degree of honesty and
integrity, and is accountable to all those he or she serves.
[Hallasgo v. Commission on Audit, G.R. No. 171340 (2009)]
LAW ON PUBLIC OFFICERS

This branch of law deals with public office, its creation,
modification, and dissolution, as well as the eligibility of
public officers, the manner of their election or appointment
and assumption of office, their rights, duties, powers,
inhibitions, and liabilities and the modes of terminating their
official relations.
ESSENTIAL ELEMENTS OF A PUBLIC OFFICE
(1) Created by the Constitution, law, or by authority of law

(2) A delegation of some portion of the sovereign power
(3) Powers and functions are defined by the Constitution,
law, or legislative authority
(4) Duties pertaining thereto are performed
independently, without control of a superior power
(5) Continuing and permanent in nature.
PERFORMANCE OF DUTY
GENERAL RULE: Duties must be performed independently

and without the control of a superior power other than the
law.
EXCEPTION: Duties of an inferior subordinate office that
was created or authorized by the Legislature and which
inferior or subordinate office is placed under the general
control of a superior office or body.
CLASSIFICATIONS OF PUBLIC OFFICERS
ELECTIVE Created by the Constitution,

NATIONAL including the President, Vice
President, Senators, House of
Representatives
ELECTIVE Local officials
LOCAL
APPOINTIVE Created by Constitution: Chief
Justice and Associate Justices,
Chairman and Members of
Constitutional Commissions, and
Ombudsman and his deputies
- Presidential Appointees: Not
subject to approval by the Civil
Service Commission
- Non-Presidential Appointees:
Subject to approval by the Civil
Service Commission
85
EXECUTIVE Tasked with the execution and integrity, loyalty, and efficiency, with patriotism
enforcement of laws, like President, and lead modest lives
Governors, City Mayors (2) Not property
LEGISLATIVE Primary function is to enact the laws - One cannot acquire a vested right to public office
or ordinances, like Members of but it is nevertheless a protected right subject to
Congress, local sangguniang due process
panlalawigan, panlungsod, and (3) Personal to the public officer
pangbayan - Not a property transmissible to his heirs upon his
JUDICIARY Exercise judicial power death. (Santos v. Secretary of Labor, 22 SCRA 848)
THERE IS NO VESTED RIGHT IN A PUBLIC OFFICE

CHARACTERISTICS OF A PUBLIC OFFICE
GENERAL RULE: Public office is not property under the due
(1) It is a public trust; it is merely entrusted to the process clause. There is no vested right to a public office.
public officer
(2) It is not a property; it is not protected or EXCEPTION: Public office is analogous to property in a
guaranteed by the due process clause limited context and due process may be invoked when the
(3) It is not a heritable possession dispute concerns one’s constitutional right to security of
(4) It is outside the commerce of man. It cannot be the tenure. [Lumiqued v. Exevea (1997)]
subject of a valid contract; otherwise, the contract
is void CREATION OF PUBLIC OFFICE
PUBLIC OFFICE v. PUBLIC EMPLOYMENT (1) By the Constitution

Public employment is broader than public office. All public (2) By statute or law
office is public employment, but not all public employment is (3) By a tribunal or body to which the power to create
a public office. Public employment as a position lacks either the office has been delegated
one or more of the foregoing elements of a public office. It is
created by contract rather than by force of law.
HOW A PUBLIC OFFICE IS CREATED
PUBLIC OFFICE v. CONTRACT
GENERAL RULE: The creation of a public office is primarily
PUBLIC OFFICE CONTRACT a legislative function.
How Created
Incident of sovereignty. Originates from will of EXCEPTION: Where the office is created by the Constitution
Sovereignty is contracting parties. itself.
omnipresent.
Object The Sandiganbayan is not a constitutional court (or public
office) but a constitutionally-mandated court. It was created
To carry out the sovereign Obligations imposed only
by statute and not the Constitution, hence Congress may
as well as governmental upon the persons who
limit its powers and jurisdiction. [Garcia v. Sandiganbayan,
functions affecting even entered into the contract.
G.R. No. 114135 (1994)]
persons not bound by the
contract.
WHO ARE PUBLIC OFFICERS
Subject Matter
A public office embraces Limited duration and
RA 3019 (Anti- Public officer includes elective and
the idea of tenure, specific in its object. Its
Graft and appointive officials and employees,
duration, continuity, and terms define and limit the
Corrupt permanent or temporary, whether in
the duties connected rights and obligations of
Practices Act) the classified or unclassified or
therewith are generally the parties, and neither
exempt service receiving
continuing and may depart therefrom
compensation, even nominal, from
permanent. without the consent of the
the government.
other.
Revised Penal Any person who, by direct provision
Scope
Code of the law, popular election or
Duties are generally Duties are very specific to
appointment by competent
continuing and the contract.
authority, shall take part in the
permanent.
performance of public functions in
Where duties are defined the Government of the Philippine
The law. Contract. Islands, of shall perform in said
Government or in any of its branches
PUBLIC OFFICE IS NOT PROPERTY public duties as an employee, agent
A public office is or subordinate official, of any rank or
(1) A public trust class, shall be deemed to be a public
- Which requires that all government officials and officer.
employees must at all times be accountable to the
people, serve them with utmost responsibility,
86
Revised A person whose duties, not being of a Cannot be replaced at will May be replaced at will by
Administrative clerical or manual nature, involves by the appointing appointing authority or his
Code of 1987 the exercise of discretion in the authority. designation lapses upon
performance of the functions of the the appointment of
government. When used with another person in his place
reference to a person having Comprehensive extent of Limited extent of powers
authority to do a particular act or powers
perform a particular function in the A public officer who later While assuming the
exercise of governmental power, accepts even a temporary designated functions or if
“officer” includes any government appointment terminates the designation is revoked,
employee, agent or body having his relationship with his the public officer may
authority to do the act or exercise former office perform the functions of
that function. (Abandonment of “Prior” the “prior” office
Office)
Where the person is merely designated and not appointed,

the implication is that he shall hold the office only in a
temporary capacity and may be replaced at will by the
a. BY ELECTION appointing authority. (Binamira v. Garrucho, 188 SCRA 154)
The choice or selection of candidates to public office by
popular vote through the use of the ballot. [Rulloda v. c. BY SUCCESSION THROUGH OPERATION OF LAW
COMELEC, G.R. No. 154198 (2003)] When the office to which one succeeds is legally vacated.
b. BY APPOINTMENT d. BY DIRECT PROVISION OF LAW

The selection by the authority vested with the power of an Such as when the office is validly held in an ex-officio
individual who is to exercise the functions of a given office. capacity by a public officer.
(Binamira v. Garrucho, 188 SCRA 154)
NATURE
Appointment, which is essentially within the discretionary
power of whosoever it is vested, is subject only to the A. ACCORDING TO APPOINTING AUTHORITY:
condition that the appointee should possess the
qualifications required by law. (Umoso v. CSC, 234 SCRA 617) 1. EXECUTIVE APPOINTMENT
If he does, then the appointment cannot be faulted on the
ground that there are others better qualified who should GENERAL RULE: Power to appoint is essentially executive in
have been preferred. (Luego v. CSC, 143 SCRA 327) nature and the legislature may not interfere with the
exercise of the executive powers. (Pimentel v. Ermita, 472
REQUISITES OF A VALID APPOINTMENT SCRA 587)
(1) The position is vacant;
(2) The appointing authority must be vested with the EXCEPTIONS:
power to appoint at the time appointment is made; (1) When the Constitution expressly allows it to
(3) The appointment has been approved by the CSC or interfere. (Pimentel v. Ermita, 472 SCRA 587)
confirmed by Commission on Appointments; (2) Congress may appoint its own officials and staff.
(4) The appointee should possess all the qualifications [Spinger v. Government (1928)]
including appropriate civil service eligibility and (3) When the Constitution vests the powers in another
none of the disqualifications; branch of the State or an independent office.
(5) The appointee accepts the appointment by taking
The power of local chief executives to appoint local
the oath and entering into discharge of duty
government employees under the Local Government Code is
separately sanctioned in the power of Congress to “provide
APPOINTMENT v. DESIGNATION
for the qualifications, election, appointment and removal,
term, salaries, powers and functions and duties of local
APPOINTMENT DESIGNATION officials, and all other matters relating to the organization
The selection by the Assignment of a public and operation of the local units. (Sec. 3, Art. X, 1987
authority vested with the officer to perform certain Constitution)
power, of an individual functions different from
who is to exercise the those of his position to 2. LEGISLATIVE APPOINTMENTS
functions of a given office which he has been Legislative appointments are repugnant to the Constitution.
appointed [Pineda v. Claudio, G.R. No. 29661 (1967)] When Congress
Permanent Temporary clothes the President with the power to appoint an officer, it
Confers security of tenure Does not confer upon cannot at the same time limit the choice of the President to
designee security of tenure only on candidate and effectively eliminate the discretion of
in the position which he the appointing power, i.e. when the qualifications prescribed
occupies in acting capacity by Congress can only be met by one individual. [Flores v.
and the designation may be Drilon (1993)]
revoked at will
87
B. ACCORDING TO TERM OF APPOINTMENT No officer or employee of Temporary employees of

the civil service shall be the Government shall be
1. PERMANENT APPOINTMENT removed or suspended given such protection as
Type of appointment extended to a person possessing the except for cause provided may be provided by law.
requisite qualifications, including the eligibility required for by law.
the position and enjoys security of tenure. As such, he cannot Security of Tenure
be removed from office without just cause. [Achacoso v. Yes. No.
Macaraig (1991)] Duration
Until lawful termination (1) Until a permanent
2. TEMPORARY APPOINTMENT appointment is issued
Type of appointment extended to one who may not be to the same or
possessing the requisite qualifications or eligibility and is different person; or
revocable at will, without the necessity of just cause or valid (2) Until the appointee
investigation provided that such appointment shall not removed by the
exceed 12 months. [P.D. 807, Sec. 25, par. (b)] appointing power
RATIONALE FOR TEMPORARY APPOINTMENTS. Exception: Fixed-Period

Such a temporary appointment is not made for the benefit of Temporary
the appointee. Rather, an acting or temporary appointment Appointments, which
seeks to prevent a hiatus in the discharge of official functions may be revoked prior to
by authorizing a person to discharge the same pending the the end of the term only
selection of a permanent appointee. [CSC v. Daragina (2007)] for valid cause
WHEN PRESIDENT MAY MAKE TEMPORARY

APPOINTMENTS PRESIDENTIAL APPOINTMENTS
The President may temporarily designate an officer already (Sec. 16, Art. VII, 1987 Constitution)
in the government service or any other competent person to
perform the functions of an office in the executive branch, GENERAL RULE: The appointing power is the exclusive
appointment to which is vested to him by law, when: prerogative of the President, upon which no limitations may
be imposed by Congress.
a. The officer regularly appointed to the office is unable to
perform his duties by reason of illness, absence, or any other EXCEPTION: Those resulting from the need of securing the
cause. concurrence of the Commission on Appointments and from
b. There exists a vacancy. the exercise of the limited power to prescribe the
qualification or disqualifications to a given appointive office.
WHEN TEMPORARY APPOINTMENT NOT ALLOWED
In no case shall any Member (or Chair) of the (1) Civil Service FOUR GROUPS OF OFFICERS THE PRESIDENT IS
Commission, (2) Commission on Elections, or (3) Commission AUTHORIZED TO APPOINT:
on Audit be appointed or designated in a temporary or acting (1) Specifically enumerated under Sec. 16. Art. VII of
capacity. [Sec. 1(2), Art. IX-B; Sec. 1(2), Art. IX-C; Sec. 1(2), Art. the Constitution:
IX-D, 1987 Constitution] A. Heads of executive departments;
B. Ambassadors;
PERMANENT v. TEMPORARY APPOINTMENT C. Other public ministers and consuls;
D. Officers of the armed forces from the
PERMANENT TEMPORARY rank of colonel or naval captain;
Includes (if appointment is by the President) E. Other officers whose appointments are
(1) Regular Acting appointments vested in him by the Constitution
appointments (2) All other officers of the Government whose
(2) Ad interim appointments are not otherwise provided for by
appointments law;
Eligibility Requirements (3) Officers whom the President may be authorized by
Permanent appointees Generally, required. law to appoint;
must be (1) eligible and (2) However, in the absence (4) Officers lower in rank whose appointments the
qualified. of appropriate eligible, a Congress may by law vest in the President alone.
person otherwise
ineligible may be APPOINTMENTS APPOINTMENTS NOT
appointed to it merely in REQUIRING CA REQUIRING CA
a temporary capacity. CONFIRMATION CONFIRMATION
Subject to confirmation by the Commission on (1) Heads of the All other presidential
Appointments executive appointments.
Yes, if confirmation by the No, even when departments;
CA is required for the confirmation by the CA is (2) Ambassadors; Appointments explicitly
office. required for the office. (3) Other public exempted from the
Constitutional Protection ministers and confirmation requirement
consuls; under the Constitution:
88
(4) Officers of the armed (1) Vice President as a

forces from the rank member of the DISAPPROVAL v. BY-PASS
of colonel or naval cabinet An ad interim appointee disapproved by the CA cannot be
captain; (2) Members of the reappointed. But a by-passed appointee, or one whose
(5) Other officers whose Supreme Court and appointment was not acted upon the merits by the CA, may
appointments are judges of lower be appointed again by the President, because failure by the
vested in him by the courts CA to confirm an ad interim appointment is not disapproval.
Constitution (unless (3) Ombudsman and [Matibag v. Benipayo (2002)]
the Constitution his deputies
provides that “such RENEWAL OF BY-PASSED APPOINTMENT
appointments A by-passed appointment is one that has not been finally
require no acted upon on the merits by the CA at the close of the session
confirmation”) of Congress. There is no final decision by the CA to give or
withhold its consent to the appointment as required by the
The list of appointments requiring confirmation is exclusive. Constitution. Absent such decision, the President is free to
Congress cannot, by law, require confirmation by the CA for renew the ad interim appointment of a by-passed appointee.
a public office created by statute. This would be [Matibag v. Benipayo (2002)]
unconstitutional as it expands the powers of the CA.
[Calderon v. Carale, G.R. No. 91636 (1992)] COMMISSION
A document serving as the written evidence of the
The President does not have the prerogative to voluntarily appointment. It is the warrant for the exercise of the powers
submit an appointment for confirmation by the CA. [Bautista and duties of the office to which the officer is commissioned.
v. Salonga, G.R. No. 86439 (1989) (De Leon)
REGULAR v. AD INTERIM APPOINTMENTS SPECIAL RULES AND DOCTRINES ON PRESIDENTIAL

APPOINTMENTS
REGULAR AD INTERIM
Definition and Constitutional Basis PROHIBITION ON MIDNIGHT APPOINTMENTS
Appointments made while Appointments made
Congress is in session. during the recess of the GENERAL RULE: 2 months immediately before the next
Congress, whether presidential elections up to end of the term of the President
voluntary or compulsory.
Nature of the Appointment EXCEPTION: All elements must concur:
Permanent Permanent (1) Temporary appointments;
Steps in the Appointment Process (2) To executive positions; and
(1) President (1) President (3) When continued vacancies will (a) prejudice public
nominates. nominates. service or (b) endanger public safety
(2) CA confirms. (2) Commission is
(3) Commission is issued. The outgoing President is prevented from continuing to rule
issued. (3) Appointee accepts, the country indirectly after the end of his term. [Velicaria-
(4) Appointee accepts, qualifies for office, Garafil v. Office of the President, G.R. No. 203372 (2015)]
qualifies for office, and assumes his
and assumes his duties. Appointments are banned prior to the elections to ensure
duties. (4) CA confirms. that partisan loyalties will not be a factor in the appointment
When the appointee may take oath and assume office process, and to prevent incumbents from gaining any undue
Upon confirmation by the Immediately after advantage during the elections. The exception is when it will
CA appointment, subject to be shown that the appointments have undergone the regular
(1) disapproval by the CA screening process, that the appointee is qualified, that there
or (2) “bypass” by the CA is a need to fill up the vacancy immediately, and that the
appointments are not in bulk. [Nazareno, et al. v. City of
Ad interim appointments to the Constitutional Commissions Dumaguete, G.R. No. 181559 (2009)]
are permanent and irrevocable appointments. Such do not
violate the Constitutional prohibition against acting INAPPLICABILITY TO THE JUDICIARY
appointments to these commissions. The midnight appointments ban in the Constitution does not
apply to the Judiciary. The applicable provisions on the
METHODS OF TERMINATION OF AD INTERIM periods to fill up vacancies in the judiciary in Art. VIII will
APPOINTMENTS: prevail over the midnight appointments prohibition in Art.
VII of the Constitution. [De Castro v. JBC, G.R. No. 191002
(1) Disapproval by the CA (2010)]
(2) By-pass by the CA
When the CA does not act on the ad interim LIMITED APPLICATION TO PRESIDENTIAL
appointment prior to the next adjournment of APPOINTMENTS
Congress The Constitutional prohibition on midnight appointments
(3) Revocation of the appointment by the President, only applies to the President. [De Rama v. CA, G.R. No. 131136
unless prohibited by the Constitution (2001)]
89
continuing nature and must exist at the commencement of

RULES ON ACCEPTANCE AND REVOCATION OF the term and during occupancy of the office. (Aguila v.
APPOINTMENT Genato, G.R. No. L-55151 (1981)]
FOUR ELEMENTS OF A VALID, EFFECTIVE, AND ELIGIBLES

COMPLETED APPOINTMENT They are persons who obtain a passing grade in a civil service
(1) Authority to appoint and evidence of the exercise examination and whose names are entered in the register of
of the authority; eligible from which appointments must be made.
(2) Transmittal of the appointment paper and
evidence of the transmittal; QUALIFICATIONS
(3) A vacant position at the time of appointment; and Endowment or act which a person must do before he can
(4) Receipt of the appointment paper and acceptance occupy a public office.
of the appointment by the appointee who
possesses all the qualifications and none of the ENDOWMENT
disqualifications. Refers to the qualities or attributes which make an individual
eligible for public office. It must be possessed at the time of
The elements should always concur in the making of a valid appointment or election and continuously for as long as the
appointment. The concurrence of all these elements should official relationship continues.
always apply. These steps in the appointment process should
always concur and operate as a single process. There is no ACT
valid appointment if the process lacks even one step. Refers to the act of entering into the performance of the
[Velicaria-Garafil v. Office of the President, G.R. No. 203372 functions of the office.
(2015)]
Failure to perform an act required by law could affect the
APPOINTMENT IS NOT FINAL WITHOUT TRANSMITTAL officer’s title to the given office.
It is not enough that the President signs the appointment
paper. There should be evidence that the President intended An oath of office is a qualifying requirement for a public
the appointment paper to be issued. Release of the office. Only when the public officer has satisfied this
appointment paper through the Malacañang Records Office prerequisite can his right to enter into the position be
is an unequivocal act that signifies the President’s intent of considered plenary and complete. Until then, he has none at
its issuance. [Velicaria-Garafil v. Office of the President, G.R. all, and for as long as he has not qualified, the holdover officer
No. 203372 (2015)] is the rightful occupant. [Lecaroz v. Sandiganbayan, G.R. No.
130872 (1999)]
RULE ON ACCEPTANCE
Once proclaimed and duly sworn in office, a public officer is
GENERAL RULE: A person cannot be compelled to accept a entitled to assume office and to exercise the functions
public office. thereof. The pendency of an election protest is not sufficient
basis to enjoin him from assuming office or from discharging
EXCEPTION: When citizens are required, under conditions his functions. [Mendoza v. Laxina (2003)]
provided by law, to render personal military or civil service.
(Sec. 4, Art. II, 1987 Constitution) SCOPE OF QUALIFICATIONS
IRREVOCABILITY OF A VALID, EFFECTIVE, AND In general, to entitle a public officer to hold a public office,
COMPLETED APPOINTMENT he must possess all the qualifications and none of the
disqualifications prescribed by law for the position not only
GENERAL RULE: An appointment, once made, is irrevocable at the time of his election or appointment but also during his
and not subject to reconsideration. incumbency.
The appointee enjoys security of tenure and may only be QUALIFICATION FOR OFFICE
removed (1) for cause and (2) with due process. The possession of the qualities or circumstances which are
inherently or legally necessary to render him eligible to fill
EXCEPTIONS: an office or to perform a public duty or function. (Black’s Law
(1) The appointment is an absolute nullity; or Dictionary)
(2) There is fraud on the part of the appointee
Qualifications are continuing in nature and must exist at the
commencement of the term and during the occupancy of the
office, if, during the continuance of his incumbency he
ceases to be qualified, he forfeits his office. (Aguila v. Genato,
103 SCRA 380)
DEFINITIONS The question of eligibility of persons seeking public office

must exist to qualify him for the position is a matter of
ELIGIBILITY legislative intent.
The state or quality of being legally fitted or qualified to be
chosen. Eligibility to an office should be construed as of a
90
WHO MAY PRESCRIBE QUALIFICATIONS QUALIFICATIONS ARE OF A CONTINUING NATURE

Qualification is of a continuing nature and it must exist
1. CONSTITUTION throughout the holding of the public office. Once the
When the qualifications are prescribed by the Constitution, qualifications are lost, the public officer forfeits the office.
they are generally exclusive, except where the Constitution
itself provides otherwise NO ESTOPPEL IN INELIGIBILITY
Knowledge of ineligibility of a candidate and failure to
2. CONGRESS question such ineligibility before or during the election is not
In the absence of constitutional inhibition, Congress has the a bar to questioning such eligibility after such ineligible
same right to provide disqualifications that it has to provide candidate has won and been proclaimed. Estoppel will not
qualifications for office. (De Leon) apply in such a case. [Castañeda v. Yap (1952)]
RESTRICTIONS ON THE POWER OF CONGRESS TO CITIZENSHIP REQUIREMENT SHOULD BE POSSESSED AT

PRESCRIBE QUALIFICATIONS START OF TERM
The Local Government Code does not specify any particular
(1) Congress cannot exceed its constitutional powers date or time when the candidate must possess the required
(2) Congress cannot impose conditions of eligibility citizenship, unlike for residence and age. The requirement is
inconsistent with constitutional provisions to ensure that no alien shall govern our people and country
(3) The qualifications must be germane to the position or a unit of territory thereof. An official begins to govern or
(“Reasonable Relation” Rule) discharge his functions only upon proclamation and on start
(4) Where the Constitution establishes specific of his term. This liberal interpretation gives spirit, life and
eligibility requirements for a particular meaning to our law on qualifications consistent with its
constitutional office, the constitutional criteria are purpose. [Frivaldo v. COMELEC (1996)]
exclusive, and Congress cannot add to them except
if the Constitution expressly or impliedly gives the Only natural-born Filipinos who owe total and undivided
power to set qualifications allegiance to the Republic of the Philippines could run for
(5) Congress cannot prescribe qualifications so and hold elective public office. For those who avail
detailed as to practically amount to making a themselves of RA 9225 and intend to run for public office,
legislative appointment: it is unconstitutional and Sec. 5(2) thereof provides the additional requirement of
therefore void for being a usurpation of executive making a personal and sworn renunciation of any and all
power foreign citizenships prior to or at the time of filing of their
Certificate of Candidacy. [Arnado v. COMELEC, G.R. No.
TIME OF POSSESSION OF QUALIFICATIONS 210164 (2015)]
(1) If law specifies: At the time specified by the PRESUMPTION OF ELIGIBILITY

Constitution or law Doubts as to the eligibility of a candidate are presumed in
(2) If law does not specify, there are two views: favor of one who has been elected or appointed to public
(a) Qualification during commencement of term or office.
induction into office: the word “eligible” as used in
constitutions and statutes, has reference to the The right to public office should be strictly construed against
capacity not of being elected or appointed to ineligibility. The right of a citizen to hold office is the general
office, but of holding office, and that, therefore, if rule, ineligibility the exception, and therefore, a citizen may
qualified at the time of commencement of the term not be deprived of this right without proof of some
or induction into office, disqualification of the disqualification specifically declared by law. (De Leon)
candidate or appointee at the time of election or
appointment is immaterial
(b) Qualification or eligibility during election or QUALIFICATIONS PRESCRIBED BY THE CONSTITUTION
appointment: conditions of eligibility must exist at
the time of the election must exist at the time of For President and Vice President (Sec. 2-3, Art. VII)
the election or appointment, and that their (1) Natural-born citizen
existence only at the time of the commencement (2) Registered voter
of the term of office or induction of the candidate (3) Able to read and write
or appointee into office is not sufficient to qualify (4) 40 years old on day of election
him to office (5) Resident of the Philippines for at least 10 years
immediately preceding election day
RECONCILIATION OF THE TWO VIEWS
If the provision refers to “holding of office,” rather than to For Senator (Sec. 3, Art. VI)
eligibility to office, in defining the qualifications, the courts (1) Natural-born citizen
are inclined to hold that the qualifications are to be (2) 35 years old on election day
determined at the time of the commencement of the term. (3) Able to read and write
(De Leon) (4) Registered voter
(5) Resident of the Philippines for at least 2 years
This is consistent with the rule on liberal interpretation of immediately preceding election day
eligibility requirements for public office.
For Members of the House of Representatives (Sec. 6, Art.
VI)
91
(1) Natural-born citizen domicile, the candidate must prove an actual removal or an
(2) 25 years old on election day actual change of domicile. (Aquino v. COMELEC)
(3) Able to read and write
(4) Registered voter in district in which he shall be There is a presumption in favor of domicile of origin.
elected Domicile requires the twin elements of actual habitual
(5) Resident therefor for not less than one year residence and animus manendi (intent to permanently
immediately preceding election day remain). Domicile of origin is not easily lost; it is deemed to
Residency and registration in the district are not continue absent a clear and positive proof of a successful
required for partylist representatives. change of domicile. [Romualdez-Marcos v. COMELEC (1995)]
For Members of the Supreme Court and Lower Collegiate

Courts [Sec. 7(1), Art. VIII] DURATION OF QUALIFICATION
(1) Natural-born citizen
(2) At least 40 years old The Constitution or the statute usually fixes the time when
(3) 15 years or more as a judge or engaged in law the qualifications must be possessed by the appointee or
practice elective candidate for office, either expressly or impliedly.
(4) Of proven Competence, Integrity, Probity, and
Independence The reckoning point in determining the qualifications of an
appointee is the date of issuance of the appointment and not
For Members of the Constitutional Commissions the date of its approval by the CSC or the date of resolution
of the protest against it. (Civil Service Commission v. De la
CSC COMELEC COA Cruz, 437 SCRA 403)
Citizenship
Natural-born citizen
Age RELIGIOUS TEST OR QUALIFICATION IS NOT REQUIRED
35 years old at the time of appointment
No religious test shall be required for the exercise of civil or
Competence
political rights. (Sec. 5, Art. III, 1987 Constitution)
With proven College (a) CPA with at
capacity for degree least 10 years
public holder of auditing
administration experience; QUALIFICATION STANDARDS AND REQUIREMENTS
OR UNDER THE CIVIL SERVICE LAW
(b) Member of
the Bar Qualification standards enumerate the minimum
engaged in requirements for a class of positions in terms of education,
practice of training and experience, civil service eligibility, physical
law for at fitness, and other qualities required for successful
least 10 years performance. (Sec. 22, Book V, Revised Administrative Code)
Composition Rules
The Departments and Agencies are responsible for
None Chairman At no time shall
continuously establishing, administering and maintaining
and majority all Members of
the qualification standards as an incentive to career
should be the Commission
advancement. (Sec. 7, Rule IV, Omnibus Rules)
members of belong to the
the Bar who same profession
Such establishment, administration, and maintenance shall
have been
be assisted and approved by the CSC and shall be in
engaged in
consultation with the Wage and Position Classification
the practice
Office.
of law for at
least 10 years
It shall be established for all positions in the 1st and 2nd levels.
Legal Basis
(Sec. 1, Rule IV, Omnibus Rules)
Sec. 1(1), Art. IV Sec. 1(1), Art. Sec. 1(1), Art. IX-D
B IX-C
POLITICAL QUALIFICATION FOR OFFICE
PRACTICE OF LAW POLITICAL QUALIFICATIONS

Any activity, in or out of court, which requires the application It refers to membership in political parties, including those
of law, legal procedure, knowledge, training and experience. registered in the party-list system.
Generally, to practice law is to give notice or render any kind
of service which requires the use in any degree of legal
GENERAL RULE: Political qualifications are not required for
knowledge or skill. [Cayetano v. Monsod (1991)]
public office.
RESIDENCY
EXCEPTIONS:
In election law, refers to domicile, the place where a party
(1) Membership in the electoral tribunals of either the
actually or constructively has his permanent home, where he
House of Representatives or Senate, which
intends to return. To successfully effect a change of
requires proportional representation
(2) Party-list representation
92
(3) Commission on Appointments, which requires o There is no violation of the constitutional

proportional representation provision when another office is held by
(4) Vacancies in local Sanggunians, except the a public officer in an ex officio capacity
Sangguniang Barangay, which requires that the (where on cannot receive compensation
appointee come from the same political party as or other honoraria anyway), as provided
that of the sanggunian member who caused the by law and as required by the primary
vacancy functions of his office. [National Amnesty
Commission v. COA (2004)]
EFFECT OF PARDON UPON THE DISQUALIFICATION TO (4) Impeachment: “Judgment in cases of impeachment
HOLD PUBLIC OFFICE shall not extend further than removal from office
and disqualification to hold any office under the
GENERAL RULE: Pardon will not restore the right to hold Republic of the Philippines.”
public office. (Art. 36, Revised Penal Code)
HOLDING OF MULTIPLE OFFICES BY HIGH-RANKING
EXCEPTION: When the pardon’s terms expressly restores EXECUTIVE OFFICIALS
such. (Art. 36, Revised Penal Code)
The prohibition in Sec. 13, Art. VII is a special rule in relation
Pardon does not erase the fact of the commission for the to Sec. 7, Art. IX of the Constitution.
crime and conviction. (Monsanto v. Factoran, 170 SCRA 190)
When a person is given pardon because he did not truly COVERED OFFICIALS
commit the offense, the pardon relieves the party from all (1) President
punitive consequences of his criminal act, thereby restoring (2) Vice President
to him his clean name, good reputation and unstained (3) Members of the Cabinet, and their deputies and
character prior to the finding of guilt. (Garcia v. Commission assistants
on Audit, 226 SCRA 356)
GENERAL RULE: The holding of any other office or
Under Risos-Vidal (2015), if the wording of the pardon is employment is prohibited for the covered officials in Sec. 13,
“complete, unambiguous, and unqualified,” it includes the Art. VII.
restoration of civil and political rights because it is
“unfettered by Articles 36 and 41 of the Revised Penal Code.” EXCEPTIONS:
(1) Unless otherwise provided in the Constitution; or
(2) Ex Officio positions
REQUIREMENTS FOR VALID EX-OFFICIO HOLDING
(1) The holding of the ex-officio office is provided by

DISQUALIFICATIONS TO HOLD PUBLIC OFFICE law;
Individuals who lack any of the qualifications prescribed by (2) The holding is required by the primary functions of
the Constitution or by law for a public office are ineligible. their position; and
(3) The position is held without additional
AUTHORITY TO PRESCRIBE DISQUALIFICATIONS compensation.
The legislature has the right to prescribe disqualifications in
the same manner that it can prescribe qualifications, SPECIFIC CONSTITUTIONAL DISQUALIFICATIONS
provided the prescribed disqualifications do not violate the
Constitution. PUBLIC DISQUALIFICATIONS
OFFICER
CONSTITUTIONAL DISQUALIFICATIONS The President, Shall not hold any other office or
Vice President, employment during their tenure,
IN GENERAL the Members of unless otherwise provided in the
(1) Losing candidates cannot be appointed to any the Cabinet, Constitution. (Art. VII, Sec. 13)
governmental office within 1 year after such and their
election. Deputies or
(2) Elective officials during their tenure are ineligible Assistants
for appointment or designation in any capacity to
Senator or (1) Incompatible Office
any public office or position unless they forfeit
Member of the - May not hold during his term
their seat.
House of any other office or
(3) Appointive officials shall not hold any other
Representatives employment in the
governmental position, unless otherwise allowed
Government, or any
by law or his position’s primary functions.
subdivision, agency or
o This is the general Constitutional
instrumentality thereof,
prohibition on holding multiple offices.
including government-owned
There is a specific provision applicable to
or -controlled corporations or
high-ranking officials of the executive
their subsidiaries;
department as explained in Civil Liberties
(2) Prohibited Office
Union v. Executive Secretary.
93
- Shall also not be appointed to D. Elective local officials: 3 consecutive terms

any office when such was (Sec. 8, Art. X, Constitution)
created or its emoluments (6) Holding more than one office: To prevent offices of
were increased during his public trust from accumulating in a single person,
term. (Sec. 13, Art. VI) and to prevent individuals from deriving, directly
Members of the Shall not be designated to any or indirectly, any pecuniary benefit by virtue of
Supreme Court agency performing quasi-judicial or their holding of dual positions.
and Other administrative functions. (Sec. 12,
Courts Art. VIII) PROHIBITION ON HOLDING OFFICES IN THE PRIVATE
Established by SECTOR
Law Rationale: Anathema to judicial
independence, since this would Sec. 7(b)(1) of RA 6713 considers unlawful for public officials
subject members of the judiciary to and employees during their incumbency to own, control,
the power of control of executive manage, or accept employment as officer, employee,
officials. consultant, counsel, broker, agent, trustee, or nominee in
Members of the (1) Shall not hold any other office any private enterprise regulated, supervised, or licensed by
Constitutional or employment [during the their office unless expressly allowed by law.
Commission tenure]. (Art. IX-A, Sec. 2) (Art.
IX, Sec. 8); plus PRIVATE PRACTICE OF THE PROFESSION
(2) Shall not be qualified to run for
any office in the election GENERAL RULE: Sec. 7, RA 6713 provides for the prohibited
immediately succeeding their acts and transactions of public officials and employees.
cessation from office. (Sec. 11, Subsection (b)(2) prohibits them from engaging in the private
Art. XI) practice of their profession during their incumbency.
Ombudsman (1) Same disqualifications and
and his prohibitions as members of the EXCEPTION: A public official or employee can engage in the
Deputies Constitutional Commission practice of his or her profession under the following
(Sec. 8, Art. XI); plus conditions:
(2) Shall not be qualified to run for (1) The private practice is authorized by the
any office in the election Constitution or by the law; and
immediately succeeding their (2) The practice will not conflict, or tend to conflict,
cessation from office (Sec. 11, with his or her official functions.
Art. XI)
The President’s Shall not be appointed during PROHIBITION ON NEPOTIC APPOINTMENTS
spouse and President’s tenure as:
relatives by (1) Members of the Constitutional NEPOTISM
consanguinity Commissions, or Nepotism is favoritism towards relatives by the appointing
or affinity (2) Office of the Ombudsman, or authority. The Supreme Court said that nepotism is one
within the (3) (a) Secretaries, (b) pernicious evil impeding the civil service and the efficiency
fourth civil Undersecretaries. (c) of its personnel. It is a form of corruption. (Galeos v. People,
degree Chairmen or Heads of Bureaus G.R. No. 174730-37, (2011)]
or Offices, including
Government-Owned-or- RELATIVE
Controlled Corporations (Sec. One who is related within the third degree of either
13, Art. VII) consanguinity or of affinity.
GENERAL RULE: The Civil Service Law prohibits all

OTHER DISQUALIFICATIONS AND PROHIBITIONS appointments in the national and local governments or any
branch or instrumentality thereof made in favor of the
IN GENERAL relative of:
(1) Mental or physical incapacity; (1) Appointing authority;
(2) Misconduct or crime: Persons convicted of crimes (2) Recommending authority;
involving moral turpitude are usually disqualified (3) Chief of the bureau or office; or
from holding public office; (4) Person exercising immediate supervision over the
(3) Removal or suspension from office: This appointee
disqualification is not presumed, and cannot be
imposed when not provided in the Constitution or In (3) and (4), it is immaterial who the appointing or
in statutes; recommending authority is. To constitute a violation of the
(4) Previous tenure of office: Prohibitions on law, it suffices that an appointment is extended or issued in
reappointment for specific Constitutional offices; favor of a relative of the chief of the bureau or office, or the
(5) Consecutive term limit: person exercising immediate supervision over the appointee.
A. Vice President: 2 consecutive terms [CSC v. Dacoycoy (1999)]
B. Senator: 2 consecutive terms
C. Representative: 3 consecutive terms EXCEPTIONS: The prohibition on nepotic appointments in
the Civil Service Law does not apply if the appointee is:
(1) A person employed in a confidential capacity;
94
(2) A teacher; (6) Right not to be removed or suspended except for

(3) A physician; or cause provided by law
(4) A member of the Armed Forces of the Philippines
RIGHT TO OFFICE
DISQUALIFICATIONS IN THE LOCAL GOVERNMENT RIGHT OF OFFICE is the just and legal claim to exercise the
CODE powers and the responsibilities of the public office.
The following persons are disqualified from running from RIGHTS AS A CITIZEN
any elective local position: (1) Protection from publication commenting on his
fitness and the like
(1) Sentenced by final judgment for an offense
involving moral turpitude or for an offense The mere fact that one occupies a public office
punishable by 1 year or more of imprisonment, does not deprive him of the protection accorded to
within 2 years after serving sentence; citizens by the Constitution and the laws.
(2) Removed from office as a result of an
administrative case; However, by reason of the public character of his
(3) Convicted by final judgment for violating the oath employment or office, a public officer is, in general,
of allegiance to the Republic; held not entitled to the same protection from
(4) Dual citizenship; publications commenting on his fitness and the
(5) Fugitive from justice in criminal or non-political like, as is accorded to the ordinary citizen.
cases here or abroad;
(6) Permanent residents in a foreign country or those (2) Engaging in certain political and business activities
who have acquired the right to reside abroad and
continue to avail of the same right after the The governmental interest in maintaining a high
effectivity of the Local Government Code; or level service by assuring the efficiency of its
(7) Insane or feeble-minded. employees in the performance of their tasks may
require public employees to suspend or refrain
DUAL CITIZENSHIP v. DUAL ALLEGIANCE from certain political or business activities that are
embraced within the constitutional rights of
DUAL CITIZENSHIP others, when such activities are reasonably
Refers to when, as a result of the concurrent application of deemed inconsistent with their public status and
the different laws of two or more states, a person is duties.
simultaneously considered a national by the said states.
RIGHT TO COMPENSATION
DUAL ALLEGIANCE
Refers to the situation in which a person simultaneously COMPENSATION
owes, by some positive act, loyalty to two or more states. In reference to the remuneration of public officers means
pay for doing all that may be required of the official, whether
While dual citizenship is involuntary, dual allegiance is the it is in the form of a fixed salary or wages, per diems, fees,
result of an individual’s volition. The Constitutional commissions, or prerequisites of whatsoever character.
Commission was not with dual citizens per se but with
naturalized citizens who maintain their allegiance to their HONORARIUM
countries of origin even after their naturalization. [Mercado Different from compensation, it is something given not as a
v. Manzano (1999)] matter of obligation but in appreciation for services
rendered.
SALARY
Personal compensation to be paid to the public officer for his
services, and it is generally a fixed annual or periodical
A. RIGHTS OF PUBLIC OFFICERS payment depending on the time and not on the amount of
the services he may render.
IN GENERAL
WAGES
RIGHTS INCIDENT TO PUBLIC OFFICE Different from salary in that salary is given to officer of
The rights of one elected or appointed to office are, in higher degree of employment than those to whom wages are
general, measured by the Constitution or the law under given.
which he was elected or appointed.
CONSTITUTIONAL PROVISIONS REGARDING
RIGHTS OF PUBLIC OFFICERS COMPENSATION OF PUBLIC OFFICERS
(1) Right to office
(2) Right to salary Senators and Members Determined by law.
(3) Right to self-organization
of the House of
(4) Right to vacation leave and sick leave with pay No increase in said
Representatives
(5) Right to retirement pay compensation shall take
(Sec. 10, Art. VI)
effect until after the
95
expiration of the full term SALARY NOT SUBJECT TO GARNISHMENT

of all the Members of the The salary of a public officer may not, by garnishment,
Senate and the HoR attachment, or order of execution, be seized before being
approving such increase. paid to him and, appropriated for the payment of his debts.
President and Vice President shall have an
President official residence. The salary check of a government officer or employee does
(Sec. 6, Art. VII) not belong to him before it is physically delivered to him.
Determined by law and Until that time, the check belongs to the government as
shall not be decreased public fund and may not be garnished. [De la Victoria v.
during their tenure. Burgos (1995)]
No increase in said RIGHT OF A DE FACTO OFFICER TO SALARY

compensation shall take Where there is no de jure officer, a de facto officer, who in
effect until after the good faith has had possession of the office and has
expiration of the term of discharged the duties pertaining thereto, is legally entitled to
the incumbent during the emoluments of the office, and may in an appropriate
which such increase was action recover the salary, fees, and other compensations
approved. attached to the office.
They shall not receive RIGHTS UNDER THE CIVIL SERVICE DECREE AND THE
during their tenure any NEW ADMINISTRATIVE CODE
other emolument from (1) Right to preference in promotion
the Government or any (2) Right to present complaints and grievances
other source. (3) Right not to be suspended or dismissed except for
Chief Justice and Fixed by law. cause as provided by law and after due process
Associate Justices of the (4) Right to organize
Supreme Court During their continuance
(Sec. 10, Art. VIII) in office, their salary shall NEXT-IN-RANK RULE
not be decreased. It applies only in cases of promotion. It neither grants a
Elective or Appointive Shall not receive vested right to the holder nor imposes a ministerial duty on
Public Officer or additional, double, or the appointing authority to promote such person to the next
Employee and GOCCs indirect compensation, higher position.
(Secs. 8 and 5, Art. IX-B) unless specifically
authorized by law, nor The rule means that old employees should be considered
accept without the first on the assumption that they have gained not only
consent of the Congress, superior skills but also greater dedication to the public
any present, emolument, service.
office, or title of any kind
from any foreign However, the law does not preclude the infusion of new
government. blood, younger dynamism, or necessary talents into the
government service provided that the acts of the appointing
Congress shall provide the power are bonafide for the best interest of the public service
standardization of and the person chosen has the needed qualifications.
compensation of [Corazon Cabagnot v. Civil Service Commission (1993)]
government officials and
employees, including PERSONNEL ACTIONS
those in GOCCs with Any action denoting the movement or progress of personnel
original charters, taking in the civil service is known as personnel action. It includes:
into account the nature of (1) Appointment through certification
the responsibilities (2) Promotion
pertaining to, and the (3) Transfer
qualifications required for (4) Reinstatement
their positions. (5) Reemployment
(6) Detail
(7) Reassignment
(8) Demotion and Separation
BASIS OF RIGHT
The relation between an officer and the public is not the A reorganization is valid provided that it is done in good faith.
creation of contract, nor is the office itself a contract. The A demotion in office is tantamount to removal, if no cause is
right to compensation grows out of the services rendered. shown for it. Thus, before a demotion may be affected
After services have been rendered, the compensation thus pursuant to a reorganization, the observance of the rules on
earned cannot be taken away by a subsequent law. As a bona fide abolition of public office is essential. [Bautista v.
general proposition, a public official is not entitled to any Civil Service Commission, G.R. No. 185215 (2010)]
compensation if he has not rendered any service. [Acosta v.
CA (2000)] There is demotion when an employee is appointed to a
position resulting to a diminution in duties, responsibilities,
96
status, or rank which may or may not involve a reduction in The question whether records, discoveries, inventions,
salary. Where an employee is appointed to a position with devices, data, and the like, made or prepared by an officer
the same duties and responsibilities but a rank and salary while he is occupying the office, belong to the public, must
higher than those enjoyed in his previous position, there is be determined with reference to the facts of each case.
no demotion and the appointment is valid. (Bautista v. Civil (1) Where such are indispensable in the proper
Service Commission) conduct of the office, the officer may not take them
as his own property.
RIGHTS UNDER THE REVISED GOVERNMENT SERVICE (2) If, not being required by law, they are prepared by
INSURANCE ACT the officer apart from his official duties and are not
Covered employees are entitled to retirement benefits, indispensable in the proper conduct of the office,
separation benefits, unemployment or involuntary the officer may acquire a property right therein.
separation benefits, disability benefits, survivorship benefits,
funeral benefits, and life insurance benefits. B. LIABILITIES OF PUBLIC OFFICERS
RIGHT TO RETIREMENT PAY IN GENERAL
Given to government employees to reward them for giving The liability of a public officer to an individual or the public
the best years of their lives in the service of their country. is based upon and is co-extensive with his duty to the
Retirement laws are liberally construed in favor of the individual or the public.
retiree. It may not be withheld and applied to his
indebtedness to the government. [Tantuico v. Domingo TWO CLASSES PUBLIC OFFICERS IN RESPECT OF THE
(1994)] PERSONS TO WHOM THEY OWE THEIR DUTY:
(1) Those whose duty is owed solely to the public
RIGHT TO REIMBURSEMENT AND INDEMNITY (2) Those whose duty is owed in some degree to the
individuals
When a public officer, in the due performance of his duties,
has been expressly or impliedly required by law to incur An individual has no cause of action against a public officer
expenses on the public account, not covered by his salary or for a breach of duty owed solely to the public.
commission and no attributable to his own neglect or
default, the reasonable and proper amount thereof forms a A public officer is not liable for the injuries sustained by
legitimate charge against the public for which he should be another as a consequence of official acts done within the
reimbursed. scope of his authority, except as otherwise provided by law.
Within the same limits, the officer is entitled to be A public officer shall not be civilly liable for acts done in the
indemnified by the public against the consequences of acts performance of his official duties, unless there is a clear
which he has been expressly or impliedly required to showing of bad faith, malice, or negligence.
perform upon the public account, and which are not
manifestly illegal and which he does not know to be wrong. However, under Sec. 24, LGC, local governments and their
officials are expressly not exempt from liability for death or
RIGHT TO REINSTATEMENT AND BACK SALARY injury to persons or damage to property.
REINSTATEMENT ADMINISTRATIVE OFFENSE

Means the restoration to a state or condition from which one Conduct prejudicial to the best interest of the service is an
had been removed or separated. One who is reinstated administrative offense which need not be related to
assumes the position he had occupied prior to the dismissal. respondent’s official functions. [Balasbas v. Monayao, G.R. No.
190524 (2014)]
BACK SALARY OR WAGES
A form of relief that restores the income that was lost by GROSS NEGLECT OF DUTY
reason of unlawful dismissal. It is characterized by want of even the slightest care, or by
conscious indifference to the consequences, or by flagrant
An officer who has been lawfully separated or suspended and palpable breach of duty.
from his office is not entitled to compensation for the period
during which he was so suspended. Where an officer was MISCONDUCT
unlawfully removed and was prevented for a time by no fault It is a transgression of some established and definite rule of
of his own from performing the duties of his office, he may action, more particularly, unlawful behavior or gross
recover backwages, and the amount that he had earned in negligence by the public officer.
other employment during his unlawful removal should not be
deducted from his unpaid salary. DISHONESTY
It is defined as a disposition to lie, cheat, deceive, or defraud;
RIGHTS TO PROPERTY, DEVICES, AND INVENTIONS unworthiness; lack of integrity; lack of honesty, probity, or
integrity in principle; lack of fairness and
Title to a public office carries with it the right, during the straightforwardness; disposition to defraud, deceive, or
incumbency of the officer, to the insignia and property betray. [GSIS v. Manalo, G.R. No. 208979 (2016)]
thereof.
THREE-FOLD RESPONSIBILITY OF PUBLIC OFFICERS
97
A public officer is under a three-fold responsibility for No subordinate officer or employee shall be civilly liable for
violation of duty or for wrongful act or omission: acts done by him in good faith in the performance of his
(1) CIVIL LIABILITY – if the individual is damaged by duties. However, he shall be liable for willful or negligent acts
such violation, the official shall, in some cases, be done by him which are contrary to law, morals, public policy,
held liable civilly to reimburse the injured party and good customs even if he acted under orders or
(2) CRIMINAL LIABILITY – if the law has attached a instructions of his superiors.
penal sanction, the officer may be punished
criminally. The mere fact that an officer is acting in NON-APPLICABILITY OF THE DOCTRINE OF COMMAND
an official capacity will not relieve him from RESPONSIBILITY AND THE PRINCIPLE OF RESPONDEAT
criminal liability. SUPERIOR TO PUBLIC OFFICERS
(3) ADMINISTRATIVE LIABILITY – such violation
may also lead to imposition of fine, reprimand, GENERAL RULE: Neither the principle of command
suspension, or removal from office, as the case may responsibility (in military or political structural dynamics)
be. nor the Doctrine of respondeat superior (in quasi delicts)
applies in the law of public officers. The negligence of the
LIABILITY OF MINISTERIAL OFFICERS subordinate cannot be ascribed to his superior in the
(1) NONFEASANCE – neglect or refusal to perform an absence of evidence of the latter’s own negligence. [Reyes v.
act which is the officer’s legal obligation to perform Rural Bank of San Miguel (2004)]
(2) MISFEASANCE – failure to use that degree of care,
skill, and diligence required in the performance of EXCEPTION: The President, being the commander-in-chief
official duty of all armed forces, necessarily possesses control over the
(3) MALFEASANCE – the doing, through ignorance, military that qualifies him as a superior within the purview of
inattention or malice, of an act which he had no the command responsibility doctrine. [In the Matter of the
legal right to perform Petition for Writ of Amparo and Habeas Data in favor of Noriel
H. Rodriguez; Rodriguez v. Macapagal-Arroyo (2011)]
STATUTORY LIABILITY
PREVENTIVE SUSPENSION
Art. 32, Civil Code Liability for failure or
neglect to perform official PREVENTIVE SUSPENSION
duty It is a disciplinary measure which is intended to enable the
Art. 33, Civil Code Liability for violating disciplinary authority to investigate charges against the
rights and liberties of respondent by preventing the latter from using his position
private individuals or office to influence witnesses, to intimidate them, or to
Art. 34, Civil Code Liability of peace officers tamper with the records which may be vital in the
for render aid or prosecution of the case against him.
protection to a person;
subsidiary liability of Preventive suspension of the accused is mandatory upon
municipal corporations in finding that the Information is valid. Court possesses no
such case discretion to determine whether one is necessary. [Dela Cruz
Sec. 38(2), Chapter 9, Liability for neglecting to v. Sandiganbayan, G.R. No. 161929 (2009)]
Book I, Revised perform a duty without
Administrative Code just cause within (1) a KINDS OF PREVENTIVE SUSPENSION
period fixed by law or
regulation; or (2) a (1) PREVENTIVE SUSPENSION PENDING
reasonable period, if no INVESTIGATION
period is fixed - The proper disciplining authority may preventively
suspend any subordinate officer under his
LIABILITY ON CONTRACTS authority pending an investigation, if the charge
The public officer shall be personally liable on contracts he against such officer involves dishonesty,
enters into if he acted without, or exceeded his authority oppression or grave misconduct, or neglect in the
performance of duty or if there are reasons to
LIABILITY ON TORT believe that the respondent is guilty of the charges
The public officer shall be personally liable if he goes beyond which would warrant his removal from service.
the scope of his authority, or exceeds the powers conferred (Sec. 51, Chapter 6, Subtitle A, Title I, Book V, Revised
upon him by law Administrative Code)
- No compensation is due for the period of
LIABILITY OF SUPERIOR OFFICERS FOR ACTS OF preventive suspension pending investigation. Such
SUBORDINATE OFFICERS preventive suspension is authorized by the Civil
A head of a department or a superior officer shall not be Service Law and cannot, therefore, be considered
civilly liable for the wrongful acts, omissions of duty, “unjustified” even if later the charges are
negligence or misfeasance of his subordinates, unless he has dismissed. It is one of those sacrifices which
actually authorized by written order the specific act or holding a public office requires for the public food.
misconduct complained of. For this reason, it is limited to 90 days unless the
delay in the conclusion of the investigation is due
LIABILITY OF SUBORDINATE OFFICERS to the employee concerned.
98
under such under such

(2) PREVENTIVE SUSPENSION PENDING APPEAL authority authority Governor –
- An appeal (from the decision of the disciplinary elective
authority) shall not stop the decision from being official of CC
executory, and in case the penalty is suspension or or
removal, the respondent shall be considered as municipality
having been under preventive suspension during
the pendency of the appeal in the event he wins the Mayor –
appeal. [Sec. 47(4), Chapter 6, Subtitle A, Title I, Book elective
V, Revised Administrative Code] official of a
barangay
COMPENSATION vis-à-vis PREVENTIVE SUSPENSION At any time
Pending an
Employees are entitled to compensation for the period of Pending an after the
When investigatio
their suspension pending appeal if they are found innocent. investigation issues are
n
It would be unjust to deprive him of his pay as a result of joined
immediate execution of the decision against him and (1) After the
continue to do so even after it is shown that he is innocent issues are
of the charges for which he was suspended. joined;
(1) Charge
(2) Evidence
involves
PREVENTIVE SUSPENSION PENDING INVESTIGATION of guilt is
dishonest
AND PENDING APPEAL strong;
y,
and
oppressio
PENDING PENDING APPEAL (3) Given the
n or grave
INVESTIGATION gravity of
miscondu
Not a penalty but only a Punitive in character the
ct,
means of enabling the offense,
neglect in May initially
disciplining authority to there is
the be justified
conduct unhampered great
performa under the
investigation probabilit
nce of circumstan
No backwages due for the If exonerated – reinstated y that the
duty; or ce may
period of suspension even with full pay for the period continuan
(2) There are raise a due
if found innocent unless of suspension Ground ce in
reasons to process
suspension is unjustified s office of
believe question if
If reprimanded – cannot the
that continued
claim backwages. Penalty responde
responde for an
is commuted. nt could:
nt is unreasonabl
(a) Influence
guilty of e period of
of the
RULES ON PREVENTIVE SUSPENSION the time
witnesses;
charges
or
ELECTIVE which
APPOINTIVE OFFICIALS (b) Pose a
OFFICIALS would
threat to
Not a warrant
Presidential the safety
Presidential his
Appointee and
Appointee removal
integrity
President – from the
of the
elective service
records
official of a and other
province, evidence
HUC, or ICC Administrativ (1) Single
e administra
Governor – investigation tive case –
The proper The proper
elective must be not to
By disciplining disciplining
official of CC terminated exceed 60
authority authority
or within 90 days
municipality days, (2) Several
otherwise the administra
Mayor – Period respondent tive cases
elective shall be – not
official of a automatically more than
barangay reinstated 90 days
President – unless the within a
Any Any
elective delay in the single year
subordinate subordinate
Against official of a disposition of on the
officer or officer or
province, the case is same
employee employee
HUC, or ICC due to the ground or
99
fault, grounds delay in the performance of duty on the part of the officers
negligence, existing of the state, is not imputable to the state when acting in its
or petition of and character as a sovereign. [Republic v. Sereno, G.R. No. 237428
the known at (2018)]
respondent, the time
in which case of the first
the period of suspensio
delay shall n
DE FACTO DOCTRINE
not be
It is the doctrine that a person who is admitted and sworn
counted
into office by the proper authority is deemed to be rightfully
Preventive
in such office until:
suspension of
(1) He is ousted by judicial declaration in a proper
an elective
proceeding; or
local official is
Notes (2) His admission thereto is declared void.
not an
interruption
PURPOSE: To ensure the orderly functioning of government.
of the 3-term
The public cannot afford to check the validity of the officer’s
limit rule
title each time they transact with him.
DE FACTO OFFICER
ILLEGAL DISMISSAL AND REINSTATEMENT
One who has the reputation of being the officer that he
assumes to be, and yet is not a good officer in point of law.
REINSTATEMENT
[Torres v. Ribo (1948)]
It means the restoration to a state or condition from which
one had been removed or separated. One who is reinstated
ELEMENTS OF A DE FACTO OFFICERSHIP
assumes the position he had occupied prior to the dismissal.
(1) A validly existing public office
Back salary or wages is a form of relief that restores the
(2) Actual physical possession of the office in good
income that was lost by reason of unlawful dismissal
faith
(3) Color of title to the office or general acquiescence
DUTY OF PLAINTIFF TO PROVE HIS RIGHT TO OFFICE
by the public
For a plaintiff to succeed in seeking reinstatement to an
office, he must prove his right to the office. In a quo warranto
CIRCUMSTANCES WHEN THERE IS COLOR OF TITLE:
proceeding, the person suing must show that he has a clear
(1) There is no known appointment or election, but
right to the office allegedly held unlawfully by another.
people are induced by circumstances of reputation
Absent that right, the lack of qualification or eligibility of the
or acquiescence to suppose that he is the officer he
supposed usurper is immaterial.
assumes to be. Consequently, people do not to
inquire into his authority, and they submit to him
WHERE REMOVAL OR SUSPENSION IS LAWFUL
or invoke his action;
An officer who has been lawfully separated or suspended
(2) He possessed public office under color of a known
from his office is not entitled to compensation for the period
and valid appointment or election, but he failed to
during which he was so suspended, even if it be subsequently
conform to some precedent requirement or
determined that the cause for which he was suspended was
condition;
unjustified (so long as the preventive suspension was within
(3) He possessed public office under color of a known
the periods provided by law).
election or appointment, but such is VOID because:
A. He is ineligible;
WHERE REMOVAL OR SUSPENSION IS UNLAWFUL
B. The electing or appointing body is not
When an officer was unlawfully removed and was prevented
empowered to do such;
for a time by no fault of his own from performing the duties
C. His exercise of his function was defective or
of his office, he may recover backwages, and the amount that
irregular; and
he had earned in other employment during his unlawful
D. The public DOES NOT KNOW of such
removal should not be deducted from his unpaid salary.
ineligibility, want of authority, or irregularity.
(4) He possessed public office under color of an
OTHER RULES election or an appointment by or pursuant to a
public, unconstitutional law, before the same is
The award for backwages is limited to a maximum period of
adjudged to be such.
5 years and not to full back salaries from illegal dismissal up
to reinstatement.
OFFICER DE JURE v. OFFICER DE FACTO
A petition for quo warranto and mandamus affecting title to
public office must be filed within 1 year from the date the DE JURE DE FACTO
petitioner is ousted from his position. The claim for back Requisites A de jure office De jure office;
salaries and damages is also subject to the 1-year prescriptive exists; He assumed
period. He is legally office under
qualified for the color of right or
NOTE: Prescription does not lie against the State. It is the office; general
general rule that laches, acquiescence, or unreasonable
100
He is lawfully acquiescence by only when no de

chosen to such the public; jure officer is
office; He actually and declared and
He undertakes physically only for actual
to perform the possessed the services
duties of such office in good rendered
office according faith.
to law’s An intruder or usurper may grow into a de facto officer if his
prescribed assumption of office is acquiesced in, as when he continues
mode. to act for so long a time as to afford a strong presumption
Basis of Right: He has Reputation: He that he has been duly appointed or elected.
Authority the lawful right possesses office
or title to the and performs its OFFICE CREATED UNDER AN UNCONSTITUTIONAL
office duties under STATUTE
color of right,
but he is not The prevalent view is that a person appointed or elected in
technically accordance with a law later declared to be unconstitutional
qualified to act may be considered de facto at least before the declaration of
in all points of unconstitutionality.
law
How Ousted Cannot be In a direct LEGAL EFFECTS OF ACTS OF DE FACTO OFFICERS
ousted even in a proceeding (quo
direct warranto); (1) As regards the officers themselves: A party suing or
proceeding Cannot be defending in his own right as a public officer must
ousted show that he is an officer de jure. It is not sufficient
collaterally that he be merely a de facto officer.
Validity of Valid, subject to Valid as to the (2) As regards the public and third persons: The acts of
Official Acts exceptions public until his a de facto officer are valid as to third persons and
title to the office the public until his title to office is adjudged
is adjudged insufficient.
insufficient
Rule on Rightfully Conditionally RATIONALE: The doctrine is intended not for the protection
Compensation entitled to entitled to of the public officer, but for the protection of the public and
compensation; receive individuals who get involved in the official acts of persons
The principle compensation: discharging the duties of a public office.
“No work, no only when no de
pay” is jure officer is DE FACTO OFFICER’S OFFICIAL ACTS ARE NOT SUBJECT
inapplicable to declared; TO COLLATERAL ATTACK
him. He is paid only A de facto officer’s and his acts’ validity cannot be collaterally
for actual questioned in proceedings where he is not a party, or which
services were not instituted to determine the very question.
rendered.
PROPER REMEDY: Quo warranto proceedings filed by:
OFFICER DE FACTO v. USURPER (1) The person claiming entitlement to the office;
(2) The Republic of the Philippines (represented by the
DE FACTO USURPER Solicitor-General or a public prosecutor)
Nature He becomes He possesses
officer with office and LIABILITY OF DE FACTO OFFICER
color of title performs official A de facto officer generally has the same degree of liability
under the acts without and accountability for official acts as a de jure officer.
circumstances actual or
discussed above apparent The de facto officer may be liable for all imposable penalties
authority for ANY of the following acts:
Basis of Color of right or None. Neither (1) Usurping or unlawfully holding office;
Authority title to office lawful title nor (2) Exercising the functions of public office without
color of right to lawful right;
office (3) Ineligibility for the public office as required by law
Validity of Valid as to the Absolutely void;
“Official” Acts public until his his acts can be The officer cannot excuse responsibility for crimes
title to the office impeached at committed in his official capacity by asserting his de facto
is adjudged any time in any status.
insufficient proceeding
Rule on Entitled to Not entitled to RIGHT TO COMPENSATION OF DE FACTO OFFICER
Compensation receive compensation
compensation at all
101
GENERAL RULE: A de facto officer cannot sue for the The act of giving up or the act of a public officer by which he
recovery of salary, fees, or other emoluments attached to the declines his office and renounces the further right to use it.
office, for the duties he has performed. His acts, as far as he It is an expression of the incumbent in some form, express
himself is concerned, are void. or implied, of the intention to surrender, renounce, and
relinquish the office and the acceptance thereof by
EXCEPTION: Where there is no de jure officer, a de facto competent lawful authority. [Ortiz v. COMELEC (1988)]
officer, who in good faith has had possession of the office and
has discharged the duties pertaining thereto, is legally REQUISITES:
entitled to the emoluments of the office, and may in an (1) Intention to relinquish a part of the term
appropriate action recover the salary, fees, and other (2) Act of relinquishment
compensations attached to the office. (3) Acceptance by the proper authority, either
expressly or impliedly
FORMS OF RESIGNATION
(1) Where a law requires that resignation is to be made
EXPIRATION OF THE TERM OR TENURE OF OFFICE
in any particular form, that form must be
substantially complied with.
GENERAL RULE: Upon the expiration of the officer’s term,
(2) Where no such form is prescribed, no particular
his rights, duties, and authority as a public officer must ipso
mode is required, but the resignation may be made
facto cease.
by any method indicative of the purpose. It need
not be in writing, unless so required by law. A
EXCEPTION: Unless he is authorized by law to hold over. written resignation, delivered to the board or
officer authorized to receive it and fill the vacancy
Where an office is created, or an officer is appointed, for the thereby created, is prima facie, but not conclusive
purpose of performing a single act or the accomplishment of evidence of the intention to relinquish the office.
a given result, the office terminates and the officer’s
authority ceases with the accomplishment of the purposes
COURTESY RESIGNATION
which called it into being.
Courtesy resignation cannot properly be interpreted as a
resignation in the legal sense for it is not necessarily a
TERM OF OFFICE reflection of a public official’s intention to surrender his
The time during which the officer may claim to hold the position. Rather, it manifests his submission to the will of the
office as of right and fixes the interval after which the several political authority and the appointing power.
incumbents shall succeed one another. It is a fixed and
definite period of time to hold office, perform its functions
WHEN RESIGNATION IS EFFECTIVE:
and, enjoy its privileges and emoluments until the expiration
(1) Date specified in the tender
of said period.
(2) If no such date is specified, resignation shall be
effective when the public officer receives notice of
TENURE OF OFFICE the acceptance of his resignation, NOT the date of
The period during which the incumbent actually holds office. the letter or notice of acceptance
REACHING THE AGE LIMIT REVOCATION OF RESIGNATION

(RETIREMENT) A resignation can be validly withdrawn before the public
official is notified of its acceptance. [Republic v. Singuin
This mode of termination results in the compulsory and (2008)]
automatic retirement of a public officer.
It is an offense for any public officer who, before acceptance
COMPULSORY RETIREMENT AGE of his resignation, abandons his office to the detriment of the
(1) Members of the Judiciary: 70 years old public service. (Art. 238, RPC)
(2) Other government officers and employees: 65
years old ACCEPTANCE OF RESIGNATION
(3) Optional retirement age: after rendition of the (1) As provided by law
minimum number of years of service (2) If the law is silent on who shall accept and the
public officer is an appointive officer, tender to the
DEATH OR PERMANENT DISABILITY appointing authority. If elective, tender to those
authorized by law.
The death of the incumbent of an office, which is by law to
be filled by one person only, necessarily renders the office
RESIGNING PUBLIC ACCEPTING
vacant. The public official cease to hold office upon his death
OFFICER AUTHORITY
and all his rights, duties, and obligations pertinent to the
President and Vice Congress
office are extinguished.
President
Permanent disability covers both physical or mental Members of Congress Respective Houses
disability. Governor, Vice Governor, President
Mayor, Vice Mayor of
Highly Urbanized Cities
RESIGNATION
102
and Independent user. Non-user refers to a neglect to use a privilege or a right

Component Cities or to exercise an easement or an office. [Municipality of San
City Mayors and Vice Governor Andres, Catanduanes v. CA (1998)]
Mayors of Component
Cities, Municipal Mayors WHAT MAY CONSTITUTE AS ABANDONMENT:
and Vice Mayors (1) Abandonment may result from acquiescence from
Sanggunian Members Sanggunian concerned the officer in his wrongful removal.
Elective Barangay Municipal or City Mayors (2) An officer or employee shall be automatically
Officials separated from the service if he fails to return to
Appointive Public Officers Appointing Authority the service after the expiration of one-year leave of
absence without pay. Also, officers and employees
ACCEPTANCE OF AN INCOMPATIBLE OFFICE who are absent for at least 30 days without
approved leave (AWOL) shall be dropped from the
GENERAL RULE: One who, while occupying one office, service after due notice.
accepts another office incomplete with the first ipso facto
vacates the first office. PRESCRIPTION OF RIGHT TO OFFICE
EXCEPTIONS: Under the Rules of Court, quo warranto is the proper remedy
(1) Where the public officer is authorized by law to against a public officer for his ouster from office. The petition
accept the other office (ex officio capacity). should be filed within one (1) year after the cause of such
(2) If the public officer accepts a forbidden office, the ouster or the right of the plaintiff to hold such office or
holding of the second office is absolutely void. position arose; otherwise, the action will be barred. The filing
of an administrative action does not suspend the period for
filing the appropriate judicial proceeding.
RATIONALE: It is contrary to the policy of the law that the
same individual should undertake to perform inconsistent
Rationale for the one-year period: Title to public office
and incompatible duties.
should not be subjected to uncertainties but should be
determined as speedily as possible.
WHEN IS AN OFFICE INCOMPATIBLE
Incompatibility is to be found in the character of the offices
REMOVAL
and their relation to each other, in the subordination of one
to the other and in the nature of the functions and duties
which attach to them. REMOVAL
Ouster of an incumbent public officer before the expiration
of his term. It implies that the office exists after the ouster.
IT EXISTS WHERE:
Another term used is dismissal.
(1) There is conflict in such duties and functions, so
that the performance of the duties of one
It is the forcible and permanent separation of the incumbent
interferes with the performance of the duties of
from office before the expiration of his term.
the other as to render it improper from
consideration of public policy for one person to
retain both. MODES OF REMOVAL
(2) One is subordinate to the other and is subject in Removal from office may be express or implied.
some degree to its supervisory power for obviously (1) Appointment of another officer in the place of the
in such a situation, the design that one acts as a incumbent operates as a removal if the latter was
check on the other would be frustrated. notified.
(3) The Constitution or the law itself declares the (2) The transfer of an officer or employee without his
incompatibility even though there is no consent from one office to another, whether it
inconsistency in the nature and functions of the results in promotion or demotion, advancement or
offices. reduction in salary, is equivalent to his illegal
removal or separation from the first office.
(3) Demotion to a lower position with a lower rate of
ABANDONMENT OF OFFICE
compensation is also equivalent to removal if no
cause is shown for it.
ABANDONMENT
It is the voluntary relinquishment of an office by the holder
LIMITATIONS
of all right, title, or claim thereto with the intention of not
(1) Constitutional guarantee of security of tenure. No
reclaiming it or terminating his possession and control
officer or employee of the civil service shall be
thereof.
removed or suspended except for cause provided
by law. [Sec. 2(3), Art. IX-B, 1987 Constitution]
REQUISITES:
(2) Removal or resignation from office is not a bar to a
(1) Intention to abandon
finding of administrative liability [Office of the
(2) Overt act by which the intention is carried into
President v. Cataquiz (2011)]
effect
(3) Removal not for a just cause, or non-compliance
with the prescribed procedure constitutes a
ABANDONMENT DISTINGUISHED FROM RESIGNATION
reversible error and entitles the officer or
While resignation in general is a formal relinquishment,
employee to reinstatement with back salaries and
abandonment is a voluntary relinquishment through non-
without loss of seniority rights.
103
It is the reduction of personnel as a result of resignation,

ELEMENTS OF REMOVAL FOR CAUSE retirement, dismissal in accordance with existing laws,
(1) The cause is a legal cause death, or transfer to another office.
(2) As a general rule, the cause must be connected to
the functions and duties of the office CONVICTION OF A CRIME
(3) The cause must be of a substantial nature as to
directly affect the interest of the public When the penalties of perpetual or temporary absolute
(4) The removal must be after due process disqualification or penalties of perpetual or temporary
special disqualification are imposed upon conviction of a
EXTENT OF PRESIDENT’S REMOVAL POWER crime, termination of official relation results, for one of the
(1) With respect to non-career officers exercising effects of the imposition of said penalties is the deprivation
purely executive functions whose tenure is not of the public office which the offender may have held.
fixed by law, the President may remove them with
or without cause and Congress may not restrict CONVICTION
such power. Means conviction in a trial court. It contemplates a court
(2) With respect to officers exercising quasi- finding guilt beyond reasonable doubt followed by a
legislative or quasi-judicial functions, they may be judgment upholding and implementing such finding. The
removed only on grounds provided by law to judgment must be final and executory.
protect their independence.
(3) With respect to constitutional officers removable NON-USER
only by means of impeachment, and judges of
lower courts, they are not subject to the removal of The office of any official elected who fails or refuses to take
the President. his oath of office within six (6) months from his proclamation
shall be considered vacant, unless said failure is for a cause
ABOLITION or causes beyond his control.
REQUISITES
(1) Abolition must be done in good faith
(2) Clear intent to do away with the office
(3) Not for personal or political reasons RECALL
(4) Cannot be implemented in a manner contrary to
law It is a method of removal prior to the expiration of the term
of a public officer on account of loss of confidence exercised
LIMITATIONS directly by the registered voters of a local government unit.
(1) Except when restrained by the Constitution, the
Congress has the right to abolish an office, even FILING OF A CERTIFICATE OF CANDIDACY BY AN
during the term for which an existing incumbent APPOINTIVE OFFICIAL
may have been elected. Valid abolition of office
does not constitute removal of the incumbent. An appointive official is ipso facto resigned from his office
(2) No law shall be passed reorganizing the Judiciary upon the filing of a certificate of candidacy. An elective
when it undermines the security of tenure of its official who files a certificate of candidacy is not deemed
members. resigned from his position. [Quinto v. COMELEC (2010)]
(3) The fundamental principle afforded to civil service
employees against removal “except for cause as RATIONALE: Substantial distinctions exist between elective
provided by law” does not protect them against officials and appointive officials. The former occupy their
abolition of the positions held by them in the office by virtue of the mandate of the electorate. On the
absence of any other provision expressly or other hand, appointive officials hold their office by virtue of
impliedly prohibiting abolition thereof. their designation thereto by an appointing authority. Also,
under the Revised Administrative Code, appointive officials,
REORGANIZATION as officers and employees in the civil service, are strictly
prohibited from engaging in any partisan political activity or
REORGANIZATION take part in any election except to vote. Elective officials, by
It is the reduction of personnel, consolidation of offices, or the very nature of their positions, may engage in partisan
abolition thereof by reason of economy or redundancy of political activities.
functions. It could result in the loss of one’s position through
removal or abolition of an office. However, for a
reorganization for the purpose of economy or to make the
bureaucracy more efficient to be valid, it must pass the test
SCOPE
of good faith; otherwise, it is void ab initio.
It embraces all branches, subdivisions, instrumentalities, and
Reorganization is valid provided they are pursued in good
agencies of the Government, including government-owned
faith.
and controlled corporations with original charters.
ATTRITION
JURISDICTION OF THE CIVIL SERVICE COMMISSION
104
EXCLUSIVE JURISDICTION for the government or any of its agencies,

(1) Disciplinary cases subdivisions, or instrumentalities
(2) Cases involving “personnel action” affecting the (ii) PRIMARILY CONFIDENTIAL – the officer
Civil Service employees: enjoys primarily such close intimacy with the
A. Appointment through certification appointing authority which insures freedom
B. Promotion intercourse without embarrassment or
C. Transfer freedom of misgiving of betrayal or personal
D. Reinstatement trust on confidential matters of the state. [De
E. Reemployment Los Santos v. Mallare (1950)] The position
F. Detail characterized by the close proximity of
G. Reassignment positions of the appointee as well as the high
H. Demotion degree of trust and confidence inherent in
I. Separation their relationship. [Civil Service Commission v.
(3) Employment status Javier (2008)]
(4) Qualification standards
It is the nature of the position which determines
POWER OF THE CSC TO REVIEW AN APPOINTEE’S whether a position is policy determining, primarily
QUALIFICATIONS confidential, or highly technical.
The only function of the CSC is to review the appointment in
the light of the requirements of the Civil Service Law, and (2) NON-CAREER SERVICE – Entrance on bases other
when it finds the appointee to be qualified and all other legal than those of the usual tests. Tenure limited to a
requirements have been otherwise satisfied, it has no choice period specified by law or which is coterminous
but to attest to the appointment. [Lapinid v. CSC (1991)] with the appointing authority or the duration of a
particular project.
LIMITATIONS
(1) It cannot order the replacement of the appointee RECALL OF APPOINTMENTS
simply because it considers another employee to
be better qualified. GROUNDS
(2) The CSC cannot co-manage or be a surrogate (1) Non-compliance with the procedures or criteria
administrator of government offices and agencies. provided by the agency’s Merit Promotion Plan
(3) It cannot change the nature of the appointment (2) Failure to pass through the agency’s Selection or
extended by the appointing officer. Promotion Board
(3) Violation of existing collective agreement between
The authority of city or municipal mayors to exercise management and employees relative to promotion
administrative supervision over city or municipal civil (4) Violation of other existing civil service laws, rules,
registrars is not exclusive, but concurrent with the CSC. The and regulations
Civil Service Commission, as the central personnel agency of
the government, has the power to appoint and discipline its The above grounds are available despite initial approval by
officials and employees and to hear and decide the CSC of the appointment.
administrative cases instituted by or brought before it
directly or on appeal. DISTINGUISHED FROM RECALL UNDER THE LOCAL
GOVERNMENT CODE
APPOINTMENTS TO THE CIVIL SERVICE The CSC has the power to recall an appointment which has
been initially approved when it is shown that the same was
CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE issued in disregard of pertinent CSC laws, rules, and
regulations. In contrast, under the LGC, recall is a mode of
(1) CAREER SERVICE – characterized by removal of a public official by the people before the end of
A. Entrance based on merit and fitness to be his term of office.
determined as far as practicable by
competitive examinations, or based on highly APPOINTMENTS NOT REQUIRING CSC APPROVAL:
technical qualifications, (1) Presidential appointments
B. Opportunity for advancement to higher (2) Members of the AFP
career positions, and (3) Police forces
C. Security of tenure (4) Firemen
(5) Jail guards
GENERAL RULE: Appointments to the Career
Service is to be determined as far as practicable by LIMITATIONS ON POWER TO APPOINT
competitive examination. (1) Constitutional limitations
A. Prohibition on nepotic appointments by the
EXCEPTIONS: Appointments to the following President
positions are exempt from the competitive B. Midnight appointments ban
examination requirement C. Grant of power of appointment to officers and
(i) POLICY DETERMINING – where the officer is bodies other than the President
vested with the power of formulating policies D. Grant of exclusive power to appoint officials
and employees of the judiciary to the SC
105
E. Recommendation of the JBC for appointments TRANSFER

to the SC and lower courts It is a movement from one position to another which is of
F. Grant of exclusive power to appoint officials equivalent rank, level, or salary without break in service.
and employees of the Constitutional
Commissions to the same This may be imposed as an administrative remedy.
G. One-year appointments ban for losing
candidates GENERAL RULE: If transfer is without consent, it violates
H. Non-appointment or designation of elective security of tenure.
officials
I. Prohibition on holding multiple offices for EXCEPTIONS:
appointive officials (1) Temporary appointee
J. Grant of exclusive power to appoint officials (2) Career Executive Service Personnel whose status
and employees of the Ombudsman ot the and salaries are based on ranks, not on position
same
K. Recommendation of the JBC for appointments REINSTATEMENT
of the Ombudsman and his deputies It is technically the issuance of a new appointment and is
(2) Limitations found in statutes discretionary on the part of the appointing power.
(3) Restrictions as developed under jurisprudence
A. Appointing authority cannot preempt It cannot be the subject of an application for a writ of
appointing power of successor mandamus.
B. Appointing authority cannot appoint himself
to a vacancy REQUISITES FOR VALIDITY:
C. No appointment to a post which is not vacant (1) Any permanent appointee of a career service
position
(2) No commission of delinquency or misconduct, and
is not separated
PROMOTION (3) The reinstatement is to a position in the same level
It is the movement from one position to another with for which the officer is qualified
increase in duties and responsibilities as authorized by law
and is usually accompanied by an increase in pay. Reinstatement has the same effect as executive clemency,
which completely obliterates the adverse effects of the
administrative decision which found him guilty of
(1) NEXT-IN-RANK RULE
dishonesty. He is restored ipso facto upon grant of such.
The person next in rank shall be given preference in
Application for reinstatement is unnecessary.
promotion when the position immediately above
his is vacated.
DETAIL
But the appointing authority still exercises It is the movement of an employee from one agency to
discretion and is not bound by this rule, although another without the issuance of an appointment.
he is required to specify the “special reason or
reasons” for not appointing the officer next-in- REQUISITES FOR VALIDITY:
rank. (1) Only for a limited period
(2) Only for employees occupying professional,
(2) AUTOMATIC REVERSION RULE technical, and scientific positions
All appointments involved in a chain of promotions (3) Temporary in nature
must be submitted simultaneously for approval by
the Commission. AN EMPLOYEE MAY BE REASSIGNED FROM ONE
ORGANIZATIONAL UNIT TO ANOTHER IN THE SAME
The disapproval of the appointment of a person AGENCY
proposed to a higher position invalidates the It is a management prerogative of the CSC and any
promotion of those in the lower positions and department or agency embraced in the Civil Service and does
automatically restores them to their former not constitute removal without cause.
positions.
REQUISITES FOR VALIDITY:
However, the affected persons are entitled to (1) No reduction in rank, status, or salary.
payment of salaries for service actually rendered at (2) The reassignment is from one organizational unit
a rate fixed in their promotional appointments. to another in the same agency.
(3) Should have a definite date or duration. Otherwise,
REQUISITES a floating assignment would be tantamount to a
A. Series of promotions diminution in status or rank.
B. All promotional appointments are
simultaneously submitted to the Commission REEMPLOYMENT
for approval Names of persons who have been appointed permanently to
C. The Commission disapproves the positions in the career service and who have been separated
appointment of a person to a higher position as a result of reduction in force and/or reorganization, shall
be entered in a list from which selection for reemployment
shall be made.
106
Art. 32, Civil Code Liability for failure or

neglect to perform official
duty
Art. 33, Civil Code Liability for violating
rights and liberties of
THREE-FOLD LIABILITY OF PUBLIC OFFICERS private individuals
The wrongful acts or omissions of public officers may give Art. 34, Civil Code Liability of peace officers
rise to criminal, civil, and administrative liability. The for render aid or
dismissal of an administrative case does not necessarily bar protection to a person;
subsidiary liability of
the filing of a criminal prosecution for the same acts. [Tecson
municipal corporations in
v. Sandiganbayan (1999)]
such case
Sec. 38(2), Chapter 9, Liability for neglecting to
LIABILITIES OF PUBLIC OFFICERS:
Book I, Revised perform a duty without
Administrative Code just cause within (1) a
(1) CIVIL LIABILITY – if the individual is damaged by
period fixed by law or
such violation, the official shall, in some cases, be
regulation; or (2) a
held liable civilly to reimburse the injured party
reasonable period, if no
(2) CRIMINAL LIABILITY – if the law has attached a period is fixed
penal sanction, the officer may be punished
criminally. The mere fact that an officer is acting in
LIABILITY ON CONTRACTS
an official capacity will not relieve him from
The public officer shall be personally liable on contracts he
criminal liability.
enters into if he acted without, or exceeded his authority.
(3) ADMINISTRATIVE LIABILITY – such violation
may also lead to imposition of fine, reprimand,
LIABILITY ON TORT
suspension, or removal from office, as the case may
The public officer shall be personally liable if he goes beyond
be.
the scope of his authority, or exceeds the powers conferred
upon him by law.
LIABILITY OF MINISTERIAL OFFICERS

CRIMINAL LIABILITY OF PUBLIC OFFICERS (1) NONFEASANCE – neglect or refusal to perform an
Under the Revise Penal Code, the following are crimes that act which is the officer’s legal obligation to
may be committed by public officers: perform.
a. Malfeasance and misfeasance in office (Arts. 203 (2) MISFEASANCE – failure to use that degree of care,
to 212) skill, and diligence required in the performance of
b. Fraud and illegal exactions and transactions (Arts. official duty.
213 to 216) (3) MALFEASANCE – the doing, through ignorance,
c. Malversation of public funds or properties (Arts. inattention or malice, of an act which he had no
217 to 222) legal right to perform.
d. Infidelity of public officers (Arts. 223 to 230)
e. Other offenses and irregularities committed bu ADMINISTRATIVE LIABILITY OF PUBLIC OFFICERS
public officers (Arts. 231 to 245): The dismissal of the criminal case by the Ombidsman does
 Disobedience not foreclose administrative action. The pronouncement
 Refusal of Assistance made by the Ombudsman cannot serve to protect the
 Maltreatment of prisoners respondent from further administrative prosecution. [Office
 Anticipation, prolongation and of the President v. Cataquiz (2011)]
abandonment of duties and powers of
public office
 Usurpation
 Unlawful appointments
CIVIL LIABILITY OF PUBLIC OFFICERS
GENERAL RULE: Public officers are not civilly liable for

injuries sustained by another as a consequence of official
acts done within the scope of his authority.
EXCEPTION: When as otherwise provided by law or when

there is a clear showing of bad faith, malice or negligence.
STATUTORY LIABILITIES
107
The Office of the Ombudsman may

OMBUDSMAN The Office of the Ombudsman not conduct the necessary
shall have disciplinary authority investigation of any administrative
over all elective and appointive act or omission complained of if it
officials of the Government and its believes that:
subdivisions, instrumentalities
and agencies, including Members (1) The complainant has an
of the Cabinet, local government, adequate remedy in another
government-owned or controlled judicial or quasi-judicial body;
corporations and their
subsidiaries, except over officials (2) The complaint pertains to a
who may be removed only by matter outside the jurisdiction of
impeachment or over Members of the Office of the Ombudsman;
Congress, and the Judiciary. [Sec.
21, RA 6770] (3) The complaint is trivial,
frivolous, vexatious or made in bad
The Office of the Ombudsman faith;
shall have the power to investigate
any serious misconduct in office (4) The complainant has no
allegedly committed by officials sufficient personal interest in the
removable by impeachment, for subject matter of the grievance; or
the purpose of filing a verified
complaint for impeachment, if (5) The complaint was filed after
warranted. one (1) year from the occurrence of
the act or omission complained of.
In all cases of conspiracy between [Sec. 20, RA 6770]
an officer or employee of the SPECIAL The Office of the Special
government and a private person, PROSECUTOR Prosecutor shall, under the
the Ombudsman and his Deputies supervision and control and upon
shall have jurisdiction to include the authority of the Ombudsman,
such private person in the have the following powers:
investigation and proceed against
such private person as the (a) To conduct preliminary
evidence may warrant. The officer investigation and prosecute
or employee and the private criminal cases within the
person shall be tried jointly and jurisdiction of the Sandiganbayan;
shall be subject to the same
penalties and liabilities. [Sec. 22, (b) To enter into plea bargaining
RA 6770] agreements; and
The Ombudsman shall act on all (c) To perform such other duties
complaints relating, but not assigned to it by the Ombudsman.
limited to acts or omissions which: [Sec. 11, par. 4, RA 6770]
(1) Are contrary to law or SANDIGANBAYAN EXCLUSIVE ORIGINAL
regulation; JURISDICTION
(1) Over the following crimes,
(2) Are unreasonable, unfair, when committed by public
oppressive or discriminatory; officials and employees classified
as Salary Grade 27 or higher as
(3) Are inconsistent with the classified in R.A. No. 6758
general course of an agency's (Compensation and Position
functions, though in accordance Classification Act of 1989:
with law;
A. Violations of R.A. No. 3019 (Anti-
(4) Proceed from a mistake of law Gract and Corrupt Practices Act)
or an arbitrary ascertainment of and R.A. No. 1379 (Forfeiture in
facts; Favor of the State of Any Property
Found to have beend Unlawfully
(5) Are in the exercise of Acquired by Any Public Officer or
discretionary powers but for an Employee);
improper purpose; or
B. Crime committed by public
(6) Are otherwise irregular, officers and employees embraces
immoral or devoid of justification. in Chapter II, Sec. 2, Title VII, Book
[Sec. 19, RA 6770] II of the Revised Penal Code
(Bribery);
108
(4) Appointment of another officer in the place of the

(2) Other offenses or felonies, incumbent operates as a removal if the latter was
whether simple or complexed with notified.
other crimes, committed by the (5) The transfer of an officer or employee without his
public official or employee in consent from one office to another, whether it
relation to their office. results in promotion or demotion, advancement or
reduction in salary, is equivalent to his illegal
(3) Civil and criminal cases filed removal or separation from the first office.
pursuant to and in connection (6) Demotion to a lower position with a lower rate of
with Executive Orders No. 1, 2, 14, compensation is also equivalent to removal if no
and 14-a issued in 1986. cause is shown for it.
EXCLUSIVE APPELLATE LIMITATIONS

JURISDICTION (4) Constitutional guarantee of security of tenure. No
The Sandiganbayan shall exercise officer or employee of the civil service shall be
exclusive appellate jurisdiction removed or suspended except for cause provided
over final judgments, resolutions by law. [Sec. 2(3), Art. IX-B, 1987 Constitution]
or orders of regional trial courts (5) Removal or resignation from office is not a bar to a
whether in the exercise of their finding of administrative liability [Office of the
own original jurisdiction or of President v. Cataquiz (2011)]
their appellate jurisdiction. (6) Removal not for a just cause, or non-compliance
with the prescribed procedure constitutes a
APPELLATE JURISDICTION OF reversible error and entitles the officer or
THE SUPREME COURT employee to reinstatement with back salaries and
The appellate jurisdiction of the without loss of seniority rights.
Supreme Court is limited to
questions of law over decisions ELEMENTS OF REMOVAL FOR CAUSE
and final orders of the (5) The cause is a legal cause
Sandiganbayan. [Republic v. (6) As a general rule, the cause must be connected to
Sandiganbayan (2002)] the functions and duties of the office
RTC THE RTC SHALL HAVE (7) The cause must be of a substantial nature as to
EXCLUSIVE ORIGINAL directly affect the interest of the public
JURISDICTION WHERE THE (8) The removal must be after due process
INFORMATION
EXTENT OF PRESIDENT’S REMOVAL POWER
(1) Does not allege any damage to (4) With respect to non-career officers exercising
the government or any bribery; or purely executive functions whose tenure is not
fixed by law, the President may remove them with
(2) Alleges damage to the or without cause and Congress may not restrict
government or bribery arising such power.
from the same or closely related (5) With respect to officers exercising quasi-
transactions or acts in an amount legislative or quasi-judicial functions, they may be
not exceeding One Million Pesos removed only on grounds provided by law to
(Php 1,000,000). [RA 10660] protect their independence.
Cases where none of the accused (6) With respect to constitutional officers removable
MTC, MeTC,
are occupying positions only by means of impeachment, and judges of
MCTC
lower courts, they are not subject to the removal of
corresponding to salary grade 27
the President.
or higher and are not under the
exclusive original jurisdiction of
the RTC. [Sec. 4, R.A. 8249] PREVENTIVE SUSPENSION
It is a disciplinary measure which is intended to enable the
disciplinary authority to investigate charges against the
respondent by preventing the latter from using his position
or office to influence witnesses, to intimidate them, or to
tamper with the records which may be vital in the
prosecution of the case against him.
DISMISSAL OR REMOVAL
Ouster of an incumbent public officer before the expiration Preventive suspension of the accused is mandatory upon
of his term. It implies that the office exists after the ouster. finding that the Information is valid. Court possesses no
discretion to determine whether one is necessary. [Dela Cruz
It is the forcible and permanent separation of the incumbent v. Sandiganbayan, G.R. No. 161929 (2009)]
from office before the expiration of his term.
KINDS OF PREVENTIVE SUSPENSION
MODES OF REMOVAL
Removal from office may be express or implied. (3) PREVENTIVE SUSPENSION PENDING
INVESTIGATION
109
- The proper disciplining authority may preventively President –

suspend any subordinate officer under his elective
authority pending an investigation, if the charge official of a
against such officer involves dishonesty, province,
oppression or grave misconduct, or neglect in the HUC, or ICC
performance of duty or if there are reasons to
believe that the respondent is guilty of the charges Governor –
The proper The proper
which would warrant his removal from service. elective
By disciplining disciplining
(Sec. 51, Chapter 6, Subtitle A, Title I, Book V, Revised official of CC
authority authority
Administrative Code) or
- No compensation is due for the period of municipality
preventive suspension pending investigation. Such
preventive suspension is authorized by the Civil Mayor –
Service Law and cannot, therefore, be considered elective
“unjustified” even if later the charges are official of a
dismissed. It is one of those sacrifices which barangay
holding a public office requires for the public food. President –
For this reason, it is limited to 90 days unless the elective
delay in the conclusion of the investigation is due official of a
to the employee concerned. province,
HUC, or ICC
(4) PREVENTIVE SUSPENSION PENDING APPEAL Any Any
- An appeal (from the decision of the disciplinary subordinate subordinate Governor –
authority) shall not stop the decision from being officer or officer or elective
Against
executory, and in case the penalty is suspension or employee employee official of CC
removal, the respondent shall be considered as under such under such or
having been under preventive suspension during authority authority municipality
the pendency of the appeal in the event he wins the
appeal. [Sec. 47(4), Chapter 6, Subtitle A, Title I, Book Mayor –
V, Revised Administrative Code] elective
official of a
COMPENSATION vis-à-vis PREVENTIVE SUSPENSION barangay
Employees are entitled to compensation for the period of At any time
Pending an
their suspension pending appeal if they are found innocent. Pending an after the
When investigatio
It would be unjust to deprive him of his pay as a result of investigation issues are
n
immediate execution of the decision against him and joined
continue to do so even after it is shown that he is innocent (4) After the
(3) Charge
of the charges for which he was suspended. issues are
involves
joined;
dishonest
PREVENTIVE SUSPENSION PENDING INVESTIGATION (5) Evidence
y,
AND PENDING APPEAL of guilt is
oppressio
strong;
n or grave
PENDING PENDING APPEAL and
miscondu
INVESTIGATION (6) Given the
ct,
Not a penalty but only a Punitive in character gravity of
neglect in May initially
means of enabling the the
the be justified
disciplining authority to offense,
performa under the
conduct unhampered there is
nce of circumstan
investigation great
duty; or ce may
No backwages due for the If exonerated – reinstated probabilit
(4) There are raise a due
period of suspension even with full pay for the period Ground y that the
reasons to process
if found innocent unless of suspension s continuan
believe question if
suspension is unjustified ce in
that continued
If reprimanded – cannot office of
responde for an
claim backwages. Penalty the
nt is unreasonabl
is commuted. responde
guilty of e period of
nt could:
the time
(c) Influence
RULES ON PREVENTIVE SUSPENSION charges
of the
which
witnesses;
ELECTIVE would
APPOINTIVE OFFICIALS or
OFFICIALS warrant
(d) Pose a
Not a his
Presidential threat to
Presidential removal
Appointee the safety
Appointee from the
and
service
integrity
110
of the When an officer was unlawfully removed and was prevented

records for a time by no fault of his own from performing the duties
and other of his office, he may recover backwages, and the amount that
evidence he had earned in other employment during his unlawful
Administrativ removal should not be deducted from his unpaid salary.
e (3) Single
investigation administra REQUISITES FOR VALIDITY:
must be tive case – (1) Any permanent appointee of a career service
terminated not to position
within 90 exceed 60 (2) No commission of delinquency or misconduct, and
days, days is not separated
otherwise the (4) Several (3) The reinstatement is to a position in the same level
respondent administra for which the officer is qualified
shall be tive cases
automatically – not Reinstatement has the same effect as executive clemency,
reinstated more than which completely obliterates the adverse effects of the
unless the 90 days administrative decision which found him guilty of
Period delay in the within a dishonesty. He is restored ipso facto upon grant of such.
disposition of single year Application for reinstatement is unnecessary.
the case is on the
due to the same BACK SALARY OR WAGES
fault, ground or A form of relief that restores the income that was lost by
negligence, grounds reason of unlawful dismissal.
or petition of existing
the and WHEN PUBLIC OFFICER IS ENTITLED TO BACKWAGES
respondent, known at An officer who has been lawfully separated or suspended
in which case the time from his office is not entitled to compensation for the period
the period of of the first during which he was so suspended.
delay shall suspensio
not be n Where an officer was unlawfully removed and was prevented
counted for a time by no fault of his own from performing the duties
Preventive of his office, he may recover backwages, and the amount that
suspension of he had earned in other employment during his unlawful
an elective removal should not be deducted from his unpaid salary.
local official is
Notes
not an
interruption
of the 3-term CONDONATION DOCTRINE
limit rule A public official cannot be removed for misconduct
committed during a prior or previous term. [Aguinaldo v.
Santos (1992)]
REINSTATEMENT RATIONALE: If a public official is not removed before his

It means the restoration to a state or condition from which term of office expires, he can no longer be removed if he is
one had been removed or separated. One who is reinstated thereafter reelected for another term. Removal cannot
assumes the position he had occupied prior to the dismissal. extend beyond the term during which the alleged
Back salary or wages is a form of relief that restores the misconduct was committed. [Reyes v. COMELEC (1996)]
income that was lost by reason of unlawful dismissal
CONDONATION DOCTRINE ABANDONED BY THE
DUTY OF PLAINTIFF TO PROVE HIS RIGHT TO OFFICE SUPREME COURT
For a plaintiff to succeed in seeking reinstatement to an The concept of public office as a public trust and the
office, he must prove his right to the office. In a quo warranto corollary requirement of accountability to the people at all
proceeding, the person suing must show that he has a clear times, as mandated under the 1987 Constitution, is plainly
right to the office allegedly held unlawfully by another. inconsistent with the idea that an elective local official’s
Absent that right, the lack of qualification or eligibility of the administrative liability for a misconduct committed during a
supposed usurper is immaterial. prior term can be wiped off by the fact that he was elected
to a second term of office, or even another elective post.
WHERE REMOVAL OR SUSPENSION IS LAWFUL
An officer who has been lawfully separated or suspended Election is not a mode of condoning an administrative
from his office is not entitled to compensation for the period offense, and there is simply no constitutional or statutory
during which he was so suspended, even if it be subsequently basis in our jurisdiction to support the notion that an official
determined that the cause for which he was suspended was elected for a different term is fully absolved of any
unjustified (so long as the preventive suspension was within administrative liability arising from an offense done during a
the periods provided by law). prior term. [Ombudsman v. Jejomar Binay, Jr. (2015)]
WHERE REMOVAL OR SUSPENSION IS UNLAWFUL
111
IMMUNITY OF PUBLIC OFFICERS

While the President is immune from suit, she may not be
GENERAL RULE: The Doctrine of Official Immunity applies prevented from instituting a suit.
to complaints filed against public officials for acts done in the
performance of their duties. A non-sitting President does not enjoy immunity from suit,
even for acts committed during the latter’s tenure.
EXCEPTIONS:
(1) Where the public official is charged in his official
capacity for acts that are unlawful and injurious to
the rights of others
IMPEACHMENT
(2) Where the public official is clearly being sued not
A method of national inquest into the conduct of public men.
in his official capacity but in his personal capacity,
It is the power of Congress to remove a public official for
although the acts complained of may have been
serious crimes or misconduct as provided in the Constitution
committed while he occupied a public position
(Corona v. Senate, 2012).
(3) Suit to compel performance of official duty or
restrain performance of an act
PURPOSE: To protect the people from official delinquencies
or malfeasances. It is primarily intended for the protection
RATIONALE of the State, not for the punishment of the offender.
The Doctrine of Official Immunity promotes fearless,
vigorous, and effective administration of policies of
WHO ARE IMPEACHABLE OFFICERS:
government. It is generally recognized that public officers
(1) President
and employees would be unduly hampered, deterred, and
(2) Vice President
intimidated in the discharge of their duties, if those who act
(3) Members of the Supreme Court
improperly, or even exceed the authority given them, were
(4) Members of the Constitutional Commissions
not protected to some reasonable degree by being relieved
(5) Ombudsman
from private liability. The threat of suit could also deter
competent people from accepting public office.
All other public officers and employees may be removed from
office as provided by law but not by impeachment (Sec. 2, Art.
Acts of a public officer are protected by the presumption of
XI, Constitution).
good faith. Even mistakes concededly committed by such a
public officer in the discharge of his official duties are not
NOTE: Impeachment is not an exclusive remedy by which an
actionable as long as it is not shown that they were motivated
invalidly appointed or invalidly elected impeachable official
by malice or gross negligence amounting to bad faith.
may be removed from office. The language of Sec. 2, Art. XI,
1987 Constitution does not foreclose a quo warranto action
OTHER PUBLIC POLICY CONSIDERATIONS
against impeachable officers. The provision uses the
(1) Loss of valuable time cause by such actions
permissive term “may” which denotes discretion and cannot
(2) Unfairness of subjecting officials to personal
be construed as having a mandatory effect, indicative of a
liability for the acts of their subordinates
mere possibility, an opportunity, or an option.
(3) A feeling that the ballot and removal procedures
are more appropriate methods of dealing with the
QUO WARRANTO
misconduct in public office
Quo warranto as a remedy to oust an ineligible public official
may be availed of when the subject act or omission was
OFFICIAL IMMUNITY v. STATE IMMUNITY
committed prior to or at the time of appointment or election
relating to an official’s qualifications to hold office as to
The immunity of public official is a more limited principle
render such appointment or election invalid acts.
than state immunity since its purpose is not directly to
protect the sovereign, but rather to do so only collaterally,
Quo warranto proceedings are essentially judicial in
by protecting the public official in the performance of his
character – it calls for the exercise of the Supreme Court’s
government function.
constitutional duty and power to decide cases and settle
actual controversies. This constitutional duty cannot be
The Doctrine of Sovereign Immunity is principally rested
abdicated or transferred in favor of, or in deference to, any
upon the tenuous ground that the king could do no wrong. It
other branch of the government including the Congress,
served to protect the impersonal body politic or government
even as it acts as an impeachment court through the Senate.
itself from tort liability.
[Republic v. Sereno, G.R. No. 237428 (2018)]
Official immunity serves as a protective aegis for public
officials from tort liability for damages arising from GROUNDS FOR IMPEACHMENT:
discretionary acts or functions in the performance of their (1) Culpable violation of the Constitution
official duties. (2) Treason
(3) Bribery
(4) Graft and corruption
PRESIDENTIAL IMMUNITY FROM SUIT
(5) Other high crimes, or
(6) Betrayal of public trust
GENERAL RULE: The President shall be immune from suit
during his tenure.
PROCEDURE
EXCEPTION: Impeachment complaint
112
The House of Representatives has the sole power to initiate B. To recommend the latter’s removal,
all cases of impeachment while the Senate sits as a court for suspension, demotion, fine, censure, or
the trial of impeachment cases. prosecution, and
C. To ensure compliance therewith.
No impeachment proceedings shall be initiated against the (4) Direct the officer concerned, in any appropriate
same official more than once within a period of one year (Sec. case, and subject to such limitations as may be
3, Art. XI, Constitution). provided by law, to furnish it with copies of
documents relating to contracts or transactions
The term “to initiate” refers to: entered into by his office involving the
(1) The filing of the impeachment complaint, coupled disbursement or use of public funds or properties.
with The Ombudsman can also report any irregularity to
(2) Congress’ taking initial action of said complaint (i.e. the Commission on Audit for appropriate action.
referral to the House Committee on Justice) (5) Request any government agency for assistance and
[Francisco v. House of Representatives (2003)]. information necessary in the discharge of its
responsibilities, and to examine, if necessary,
JUDGMENT pertinent records and documents.
Judgment in cases of impeachment shall not extend further (6) Publicize matters covered by its investigation
than removal from office and disqualification to hold any when circumstances so warrant and with due
office under the Republic of the Philippines, but the party prudence.
convicted shall nevertheless be liable and subject to (7) Determine the causes of inefficiency, red tape,
prosecution, trial, and punishment, according to law (Sec. 3, mismanagement, fraud, and corruption in the
Art. XI, Constitution). Government and make recommendations for their
elimination and the observance of high standards
of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise
such other powers or perform such functions or
WHO IS THE OMBUDSMAN duties as may be provided by law.
The Ombudsman is a constitutional officer duty-bound to
investigate on its own or on complaint by “any person, any UNDER R.A. NO. 6770 (Sec. 15, RA 6770)
act or omission of a public officer or employee when such act (1) Administer oaths, issue subpoena and subpoena
or omission appears to be illegal, unjust, improper, or duces tecum, and take testimony in any
inefficient.” [Antonio King v. Francisco Robles, G.R. No. investigation or inquiry, including the power to
197096-97 (2013)] examine and have access to bank accounts and
records.
QUALIFICATIONS (2) Punish for contempt in accordance with the Rules
The Ombudsman and his Deputies, including the Special of Court and under the same procedure and with
Prosecutor, shall be natural born citizens of the Philippines, the same penalties provided therein.
at least forty (40) years old, of recognized probity and (3) Delegate to Deputies, or its investigators or
independence, members of the Philippine Bar, and must not representatives such authority or duty as shall
have been candidates for any elective national or local office ensure the effective exercise or performance of the
in the immediately preceding election whether regular or powers, functions, and duties herein or hereinafter
special. The Ombudsman must have, for ten (10) years or provided.
more, been a judge or engaged in the practice of law in the (4) Investigate and initiate the proper action for the
Philippines. [Sec. 5, RA 6770] recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the
prosecution of the parties involved therein
UNDER THE CONSTITUTION (Sec. 13, Art. XI, Constitution)

(1) Investigate any act or omission of any public
official, employee, office, or agency which appears
to be illegal, unjust, improper, or inefficient. This PROPER REMEDY:
may be done by the Ombudsman on its own or Petition for review under Rule 43 of the Rules of Court with
upon complaint. the Court of Appeals.
(2) Direct any public official or employee, or any
government subdivision, agency or The second paragraph of Sec. 14, RA 6770, which states that
instrumentality, as well as of any government- “no court shall hear any appeal or application for remedy
owned or controlled corporation with original against the decision or findings of the Ombudsman, except
charter: the Supreme Court, on pure question of law” is
A. To perform and expedite any act or duty unconstitutional. Effectively, Congress increased the
required by law, or appellate jurisdiction of the Supreme Court without its
B. To stop, prevent, and correct any abuse or advice and concurrence. By confining the remedy to a Rule
impropriety in the performance of duties. 45 Appeal, the provision takes away the remedy of Certiorari,
(3) Direct the officer concerned: grounded on errors of jurisdiction, in denigration of the
A. To take appropriate action against a public judicial power constitutionally vested in courts [Carpio-
official or employee at fault, and Morales v. Court of Appeals, G.R. No. 217126-27 (2015)].
113
Decisions on resolutions of the Ombudsman in EXCLUSIVE ORIGINAL JURISDICTION

administrative cases absolving the respondent of the charge (1) Over the following crimes, when committed by
or imposing upon him the penalty of public censure or public officials and employees classified as Salary
reprimand, suspension of not more than one month, or a fine Grade 27 or higher:
equivalent to one-month salary, is final and unappealable A. Violations of R.A. No. 3019 and No. 1379;
(Agpalo, 2005). B. Crime committed by public officers and
employees embraces in Chapter II, Sec. 2, Title
VII, Book II of the Revised Penal Code;
C. Other offenses or felonies, whether simple or
GENERAL RULE: Courts cannot review the exercise of complexed with other crimes, committed in
discretion of the Ombudsman in prosecuting or dismissing a relation to their office.
criminal complaint filed before it [Loquias v. Ombudsman, (2) Civil and criminal cases filed pursuant to and in
G.R. No. 139396 (2000)]. connection with Executive Orders No. 1, 2, 14, and
14-a issued in 1986
EXCEPTION: When the Ombudsman’s findings are tainted
with grave abuse of discretion. [Carpio-Morales v. Court of THE RTC SHALL HAVE EXCLUSIVE ORIGINAL
Appeals, G.R. No. 217126-27 (2015)]. JURISDICTION WHERE THE INFORMATION:
(1) Does not allege any damage to the government or
any bribery; or
(2) Alleges damage to the government or bribery
arising from the same or closely related
NATURE AND COMPOSITION transactions or acts in an amount not exceeding
The Office of the Special Prosecutor shall be composed of One Million Pesos (Php 1,000,000). [RA 10660
the Special Prosecutor and his prosecution staff. The Office (2015)]
of the Special Prosecutor shall be an organic component of
the Office of the Ombudsman and shall be under the In the absence of any allegation that the offense charges
supervision and control of the Ombudsman. [Sec. 11, par. 3, were necessarily connected with the discharge of the duties
RA 6770] or functions of a public officer, the ordinary court, not the
Sandiganbayan has jurisdiction to hear and decide the case.
POWERS AND FUNCTIONS
The Office of the Special Prosecutor shall, under the What is controlling is not whether the phrase “committed in
supervision and control and upon the authority of the relation to public office” appears in the Information. What
Ombudsman, have the following powers: determined the jurisdiction of the Sandiganbayan is the
specific factual allegation in the Information that would
(a) To conduct preliminary investigation and prosecute indicate close intimacy between the discharge of the
criminal cases within the jurisdiction of the Sandiganbayan; accused’s official duties and the commission of the offense
charged in order to qualify the crime as having been
(b) To enter into plea bargaining agreements; and committed in relation to public office. The relation between
the crime and the office must be direct and not accidental,
(c) To perform such other duties assigned to it by the that is, the relation has to be such that, in the legal sense, the
Ombudsman. [Sec. 11, par. 4, RA 6770] offense cannot exist without the office.
QUALIFICATIONS OFFICIALS AND PRIVATE INDIVIDUALS SUBJECT TO

The Ombudsman and his Deputies, including the Special JURISDICTION OF THE SANDIGANBAYAN
Prosecutor, shall be natural born citizens of the Philippines, Under Section 4(a, b) of PD 1606, as amended, the
at least forty (40) years old, of recognized probity and Sandiganbayan shall exercise exclusive original jurisdiction
independence, members of the Philippine Bar, and must not over the cases mentioned in (1) above where one or more of
have been candidates for any elective national or local office the accused are officials occupying the following positions in
in the immediately preceding election whether regular or government, whether permanent, acting or interim capacity
special. The Ombudsman must have, for ten (10) years or at the time of the commission of the offense:
more, been a judge or engaged in the practice of law in the (1) Officials of the executive branch occupying the
Philippines. [Sec. 5, RA 6770] positions of regional director and higher,
otherwise classified as Grade 27 and higher, of the
Compensation and Position Classification Act of
1989 (RA 6758), specifically including:
NATURE AND COMPOSITION A. Provincial governors, vice-governors,
The Sandiganbayan is created under PD 1606, as amended by members of the sangguniang panlalawigan,
RA 8249. It is a special court, of the same level as the Court and provincial treasurers, assessors,
of Appeals and possessing all the inherent power of a court engineers, and other provincial department
of justice. heads;
B. City mayors, vice-mayors, members of the
It is composed of a presiding justice and 20 associate sangguniang panlungsod, city treasurers,
justices, They sit in 7 divisions of 3 members each. (RA No. assessors, engineers, and other city
10660) department heads;
C. Officials of the diplomatic service occupying
the position of consul and higher;
114
D. Philippine army and air force colonels, naval instrumentalities or government-owned or

captains, and all officers of higher rank; controlled corporations and their subsidiaries;
E. Officers of the Philippines National Police (4) By obtaining, receiving, or accepting directly or
while occupying the position of provincial indirectly any shares of stock, equity or any other
director and those holding the rank of senior form of interest or participation including the
superintendent or higher; promise of future employment in any business
F. City and provincial prosecutors and their enterprise or undertaking;
assistants, and officials and prosecutors in the (5) By establishing agricultural, industrial, or
Office of the Ombudsman and special commercial monopolies or other combinations
prosecutor; and/or implementation of decrees and orders
(2) Presidents, directors or trustees, or managers of intended to benefit particular persons or special
government-owned or controlled corporations, interests; or
state universities or educational institutions or (6) By taking undue advantage of official position,
foundations; authority, relationship, connection of influence to
(3) Members of Congress and officials thereof unjustly enrich himself or themselves at the
classified as Grade 27 and up under the expense and to the damage and prejudice of the
Compensation and Position Classification Act of Filipino people and the Republic of the Philippines.
1989; (Sec. 1, RA 7080).
(4) Members of the judiciary without prejudice to the
provisions of the Constitution; RECOVERY OF ILL-GOTTEN WEALTH
(5) Chairpersons and members of Constitutional The right of the State to recover properties unlawfully
Commissions, without prejudice to the provisions acquired by public officials or employees, from them or from
of the Constitution; and their nominees or transferees, shall not be barred by
(6) All other national and local officials classified as prescription, laches or estoppel. (Sec. 15, Art. XI, Constitution)
Grade 27 and higher under the Compensation and
Position Classification Act of 1989. The provision applies only to civil actions for recovery of ill-
gotten wealth and not to criminal cases. Thus, prosecution
In case private individuals are charged as co-principals, of offenses arising from, relating or incident to, or involving
accomplices or accessories with the public officers or ill-gotten wealth in the said provision may be barred by
employees, including those employed in government-owned prescription (Presidential Ad-Hoc Fact Finding Committee on
or controlled corporations, they shall be tried jointly with Behest Loans v. Desierto).
said public officers and employees in the proper courts
which shall exercise exclusive jurisdiction over them. PLUNDER (Sec. 2, RA 7080)
EXCLUSIVE APPELLATE JURISDICTION PUNISHABLE ACTS

The Sandiganbayan shall exercise exclusive appellate (1) Any public officer who, by himself or in connivance
jurisdiction over final judgments, resolutions or orders of with members of his family, relatives by affinity or
regional trial courts whether in the exercise of their own consanguinity, business associates, subordinates
original jurisdiction or of their appellate jurisdiction. or other person, amasses, accumulates, or
acquired ill-gotten wealth through a combination
Appellate Jurisdiction of the Supreme Court or series of overt or criminal acts in the aggregate
The appellate jurisdiction of the Supreme Court is limited to amount or total value of at least P50,000,000.00
questions of law over decisions and final orders of the (as amended by Sec. 12 or RA 7659).
Sandiganbayan. [Republic v. Sandiganbayan (2002)] (2) Any person who participated with the said officer
in the commission of plunder shall likewise be
ILL-GOTTEN WEALTH punished.
ILL-GOTTEN WEALTH PENALTY

Any asset, property, business enterprise or material Life imprisonment with perpetual absolute disqualification
possession of any person acquired by himself directly or from holding any public office. The court shall declare any
indirectly through dummies, nominees, agents, subordinates and all ill-gotten wealth and their interests and other
and/or business associates by any combination or series of incomes and assets including the properties and shares of
the following means or similar schemes: stocks derived from the deposit or investment thereof
(1) Through misappropriation, conversion, misuse, or forfeited in favor of the State. [Agpalo]
malversation of public funds or raids on the public
treasurer;
(2) By receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks or
any other form of pecuniary benefit from any
person and/or entity in connection with any
government contract or project or by reason of the
office or position of the public officer;
(3) By the illegal and fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
115
Green Notes 2019 Administrative Law
It is the branch of modern law under which the executive

department acting in a quasi-legislative or quasi-judicial
capacity interferes with the conduct of the individual for
the purpose of promoting the well-being of the
community.
It is the branch of public law which fixes the organization,

determines the competence, of administrative authorities,
and indicates the remedies for violations of an individual’s
rights.
1. Constitution;
2. Statutes creating administrative bodies;
3. Court Decisions interpreting the charters of
administrative bodies;
4. Rules, Regulations, and Orders issued by
administrative agencies.
1. Fix the administrative structure and

organization of government;
2. Execution or enforcement of those matters
entrusted to administrative bodies;
3. Covers public officers including their
competence, rights, duties, election,
appointment, etc.
4. Create administrative agencies;
5. Define their powers and functions;
6. Prescribes their procedures;
7. Provide remedies to those aggrieved by
administrative actions or decisions;
8. Covers rules, regulations, decisions and orders
made by administrative bodies;
9. Covers judicial decisions and doctrines dealing
with any of the above matters.
1. AS TO SOURCE
a. Law that controls administrative bodies
b. Law made by administrative bodies
2. AS TO PURPOSE
a. Procedural
b. Substantive
3. AS TO APPLICABILITY
a. General
b. Special or particular
ADMINISTRATIVE AGENCY – it is a body endowed with

quasi-legislative or quasi-judicial powers or both for the
116
purpose of enabling it to carry out laws entrusted to it for governmental operations in pursuance of his
enforcement or execution. duties as administrative head.
4. MEMORANDUM ORDERS – acts of the
President on matters of administrative detail or
of subordinate or temporary interest which only
concern a particular officer or office of the
Government.
GENERAL RULE: It is primarily a legislative function. 5. MEMORANDUM CIRCULARS – acts of the
President on matters relating to internal
EXCEPTION: Offices created by the Constitution. (Eugenio administration which the President desires to
v. CS, G.R. No. 115863, March 31, 1995) bring to the attention of all or some of the
departments, agencies, bureaus, or offices of the
Government for information or compliance.
6. EXECUTIVE ORDERS – acts of the President
providing for rules of general or permanent
character in the implementation or execution of
1. Constitutional provision; constitutional or statutory powers.
2. Legislative enactment;
3. Authority of law; (Sec. of DOTC v. Mabalot, G.R. EXTENT OF PRESIDENT’S POWERS
No. 138200, February 27, 2002)
4. Power of the President to create public office by Extent of President’s Powers
valid delegation from Congress; As to Executive As to LGUs
5. Power of the President to create public office departments, bureaus,
under the faithful-execution clause. (CONST. and offices
Art. VII, Sec. 17)
Control and Only general
supervision. supervision.
SECTION 17. The President shall have control of all the

executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
A. AS TO FUNCTION
1. Those that grant privileges; (e.g. Bureau of

Lands)
2. Those that carry out the actual business of the
1. Civil Service Commission (Art. IX-B) Government; (e.g. BIR)
2. Commission on Elections (Art. IX-C) 3. Those that perform some business service to
3. Commission on Audit (Art. IX-D) the public; (e.g. Bureau of Posts which is now
4. Office of the Ombudsman and his Deputies (Art. defunct)
XI, Sec. 5) 4. Those that regulate businesses affected with
5. Commission on Human Rights (Art. XIII, Sec. 17) public interest; (e.g. LTFRB)
5. Those that regulate private businesses and
ORDINANCE POWER OF THE PRESIDENT – it is the individuals under police power; (e.g. SEC)
executive’s rule-making authority in implementing or 6. Those that adjudicate individual controversies
executing constitutional or statutory powers. (ABAKADA because of some strong social policy involved
GURO Party List, et al. v. Purisima, G.R. No. 166715, August such as labor; (e.g. NLRC, NCMB)
14, 2008) 7. Those that make the government a private
party; (e.g. GSIS)
8. Those that adjudicate and decide election cases.
(e.g. COMELEC)
B. AS TO TITLE OR DESIGNATION
1. PROCLAMATIONS – acts of the President fixing
a date or declaring a status or condition of public 1. AGENCY – refers to any of the various units of
moment or interest, upon the existence of which the Government including departments,
the operation of a specific law or regulation is bureaus, offices, instrumentalities, GOCCs, local
made to depend. They have the force of an government unit or a distinct unit therein.
executive order.
2. DEPARTMENT – an executive department
2. GENERAL or SPECIAL ORDERS – acts and created by law. It includes any instrumentality as
commands of the President in his capacity as having the rank of a department, regardless of its
Commander-in-Chief of the AFP. designation.
3. ADMINISTRATIVE ORDERS – acts of the 3. BUREAU – it is a principal subdivision of a
President which relate to particular aspects of department. It includes any instrumentality as
117
having the rank of a bureau, regardless of its An express grant of power to formulate implementing
designation. rules and regulations carries with it the implied power to
4. OFFICE – refers to any major functional unit of amend, modify, alter, or repeal them. (Yazaki Torres
a department or bureau, including regional Manufacturing v. CA, G.R. No. 130584, June 27, 2006)
offices. It may also refer to any position held or
occupied by individual persons, whose functions
are defined by law or regulation.
5. INSTRUMENTALITY – any agency of the
National government not integrated within the
department framework with special functions or 1. Quasi-legislative or rule-making powers;
jurisdiction by law, endowed with corporate 2. Quasi-judicial or adjudicatory powers;
powers, with special funds, and enjoying 3. Determinative powers:
operational autonomy usually through a charter. a. Factfinding or Investigatory or
It includes regulatory agencies, chartered inquisitorial powers;
institutions, and GOCCs. b. Licensing and rate fixing powers.
a. REGULATORY AGENCY – any agency
expressly vested with jurisdiction to
regulate, administer, or adjudicate matters
affecting the substantial rights and interests
QUASI-LEGISLATIVE POWERS – also known as the
of private persons. Its principal powers are
power of subordinate legislation. It is the power of
exercised by a collective body such as a
administrative agencies to issue rules and regulations
commission, board, or council.
intended to implement the law and legislative policy fixed
b. GOVERNMENT OWNED or CONTROLLED
by the legislature. It necessarily includes the power to
CORPORATION – any agency organized as
amend, revise, alter, or repeal such rules and regulations.
a stock or non-stock corporation vested
with functions related to public needs,
DOCTRINE OF SUBORDINATE LEGISLATION – the
whether governmental or proprietary in
power of administrative officials to promulgate rules and
nature, and owned by the government
regulations in the implementation of a statute is
directly or through its instrumentalities
necessarily limited only to carrying into effect what is
either wholly or, in the case of stock
provided in the legislative enactment. A regulation that
corporations, at least a majority (51%) of its
goes beyond the source of the statute may be declared as
capital stock must be owned by the
void. (Fort Bonifacio Development Corporation v. CIR, G.R.
government. (People v. Morales, G.R. No.
Nos. 158885 and 170680, October 2, 2009)
166355, May 30, 2011)
Power vs. Function

LEGISLATIVE vs. QUASI-LEGISLATIVE POWER
Power Function
Means by which a That which one is
Legislative Power vs. Quasi-legislative Power
function is fulfilled. bound or is one’s
business to do. Legislative Quasi-legislative
Power of the legislative Power of
body to make laws and administrative agencies
ADMINISTRATIVE FUNCTION – those functions which
to fix a legislative to issue rules and
involve the regulation and control over the conduct and
policy. It cannot be regulations intended to
affairs of individuals for their own welfare, and the
delegated by the implement the law and
promulgation of rules and regulations to better carry out
legislature to the legislative policy fixed
the policy of the legislature or the policies that devolve
administrative by the legislature.
upon administrative agencies by the laws creating them.
agencies.
(In re: Rodolfo U. Manzano, Adm. Matter No. 88-7-1861-RTC,
October 5, 1988)
1. LEGISLATIVE RULES – are in the nature of

Express vs. Implied Powers subordinate legislation and are designed to
Express Implied implement a primary legislation by providing the
Jurisdiction and powers Jurisdiction and details thereof. They usually implement an
conferred expressly by powers necessary for existing law, imposing general or extra-statutory
the Constitution or by the effective exercise obligations pursuant to the authority delegated
law. of express powers. to it by Congress.
2. INTERPRETATIVE RULES – are intended to
DOCTRINE OF NECESSARY IMPLICATION – All powers interpret, clarify, or explain existing statutory
necessary for the effective exercise of express powers are regulations under which the administrative body
deemed impliedly granted. operates. Their purpose is merely to construe
the statute being administered.
118
3. CONTINGENT RULES – those issued by an

administrative authority based on the existence GENERAL RULE: Notice and hearing is not required.
of certain facts or things upon which the
enforcement of a law depends. EXCEPTIONS:
a. When the legislature itself requires it and
LEGISLATIVE vs. INTERPRETATIVE RULES mandates that the regulation shall first require
the ascertainment of facts as determined from
Legislative vs. Interpretative Rules an appropriate investigation;
Legislative Interpretative b. When the regulation is a settlement of a
As to purpose controversy between specific parties since it is
Implement and provide Merely clarifies the considered as administrative adjudication;
details in the law. statute being c. The administrative regulation is in the nature of
administered. a subordinate legislation designed to implement
a law by providing its details; (CIR v. CA, G.R. No.
119761, August 29, 1996)
d. When the administrative rule substantially
As to effect increases the burden of the governed; (CIR v. M.J.
Have the force and Only advisory because Lhuillier Pawnshop Inc., G.R. No. 150947)
effect of law. the courts have the e. If the regulations are prescribed in the exercise
final say in interpreting of quasi-judicial functions. (Philippine
the statute. Consumers Foundation v. Sec. of Education,
As to nature Culture, and Sports, G.R. No. 78385, August 31,
It is an express power It is an implied power 1987)
because it is issued because it is issued as
pursuant to a valid an incident of the AS TO PUBLICATION
delegation of legislative administrative body’s
power. power to enforce the GENERAL RULE: Administrative rules and regulations
law. must be published in order to be effective. (Tañada v.
As to the publication requirement Tuvera, G.R. No. L-63915, December 29, 1986)
Must be published. Need not be published.
EXCEPTIONS:
a. Interpretative rules and regulations;
b. When the regulation is merely internal in nature;
c. Letters of instruction issued by an administrative
agency concerning rules and guidelines to be
1. Issued under authority of law.
There must be a valid delegation of legislative power. followed by subordinates in the performance of
their duties. (Association of Southern Tagalog
Electric Cooperatives, Inc. v. Energy Regulatory
TESTS OF VALID DELEGATION
Commission, G.R. No. 192117, September 18, 2012)
d. Department orders addressed only to
a. COMPLETENESS TEST – the law must be
complete in all its terms and conditions when it institutions under their supervision. (Balbuna v.
leaves the legislature so that when it reaches the Sec. of Education, G.R. No. L-14283, November 29,
delegate, the delegate will have nothing to do but 1960)
enforce it. (U.S. v. Ang Tang Ho, G.R. No. 17122,
February 27, 1922) ADDITIONAL PUBLICATION REQUIREMENTS
b. SUFFICIENT STANDARD TEST – the law must
offer a sufficient standard to specify the limits of a. Administrative issuances which are not
the delegate’s authority, announce the legislative published or filed with the Office of the National
policy, and specify the conditions under which it Administrative Register at the UP Law Center are
is to be implemented. ineffective and may not be enforced.
b. The effectivity of administrative rules and
2. Within the scope and purview of legislative regulations is 15 days after publication and not 15
authority. days from the date of filing with the UP Law
The regulation must be germane to the purposes of Center. (Republic v. Express Telecommunications,
the law. It must not contradict but must conform to G.R. No. 147096, January 15, 2002)
the standards prescribed by law. (Public Schools
District Supervisors Association v. De Jesus, G.R. No. 4. It must be reasonable.
157299, June 19, 2006) It must not be arbitrary and capricious.
Reasonableness depends on the reason or the
3. Promulgated in accordance with the prescribed purpose for which a regulation is issued.
procedure.
There must be notice, hearing, and publication. STANDARDS OF REASONABLENESS:
AS TO NOTICE AND HEARING a. Lawful subject – must involve public welfare;

b. Lawful means – must not be arbitrary.
119
judicial functions and not ministerial functions.

REQUISITES FOR A VALID ADMINISTRATIVE (Masangcay v. COMELEC, G.R. No. L-13827,
REGULATION WITH PENAL SANCTIONS September 28, 1962)
4. DETERMINATIVE POWER – power of
1. The law itself must declare as punishable the administrative agencies to better enable them to
violation of an administrative rule or regulation; exercise their quasi-judicial authority.
2. The law itself must fix a penalty therefore; a. ENABLING POWERS – powers that permit
3. The administrative rule and regulation must be the doing of an act which the law
published in full. undertakes to regulate and which would be
unlawful without government approval. (e.g.
issuance of a driver’s license by the LTO)
b. DIRECTING POWERS – powers that order
the doing or performance of particular acts
QUASI-JUDICIAL POWERS – it is the power of the to ensure compliance with the law. They are
administrative agency to hear, determine questions of fact, often exercised for corrective purposes.
make findings of facts, and to resolve cases presented to it
(e.g. order of reinstatement by the NLRC)
on the basis of such findings of facts to which the
i. DISPENSING POWER – allows
legislative policy is to apply, in accordance with the
the administrative officer to relax
standards laid down by the law itself.
the general operation of a law to
an individual or corporation. (e.g.
REASON FOR GRANT OF QUASI-JUDICIAL POWERS
exemptions granted by the BIR)
ii. EXAMINING POWER – power to
It is justified by the expediency or the need of the
require the production of books,
government to respond swiftly and competently to the
papers, the attendance of
pressing problems of the modern world. (C.T. Torres
witnesses, compelling their
Enterprises, Inc. v. Hibionada, G.R. No. 80916, November 9, testimony, etc. Also called
1990) investigatory power.
iii. SUMMARY POWERS – power to
REQUISITES FOR THE VALID EXERCISE OF QUASI- apply compulsion or force against
JUDICIAL POWER persons or property to effectuate
a legal purpose without judicial
1. Jurisdiction over the subject matter must be warrants to authorize such
conferred by the law or by the Constitution. actions. (e.g. summary abatement
2. Jurisdiction over the person must be properly of nuisance per se)
acquired by the administrative body. c. EQUITABLE POWERS – permits the
3. Due process must be observed in the conduct of administrative tribunal to consider and
the proceeding. make a proper application of the rules of
equity. (Cariño v. CHR, G.R. No. 96681,
DOCTRINE OF ADHERENCE OF JURISDICTION – also December 2, 1991)
called the doctrine of continuity of jurisdiction. It means
that when judicial or quasi-judicial body has acquired
jurisdiction, that jurisdiction continues until the judicial or
quasi-judicial body has done all that it can do in the
The essence of due process in administrative proceedings
exercise of that jurisdiction
is the opportunity to explain one’s side or seek a
reconsideration of the action or ruling complained of, and
When an administrative body is conferred quasi-judicial
to submit any evidence a party may have in support of his
functions, all controversies relating to the subject matter defense. The demands of due process are sufficiently met
pertaining to its specialization are deemed to be included when the parties are given the opportunity to be heard
within its jurisdiction. (Tejada v. Homestead Property before judgement is rendered. (Lacson v. Executive
Corporation, G.R. No. 79622, September 29, 1989) Secretaty, G.R. No. 165399, May 30, 2011)
SCOPE OF QUASI-JUDICIAL POWER
RIGHT TO BE HEARD - “To be heard” does not mean only
verbal arguments in court; one may also be heard through
1. PRESCRIBE RULES OF PROCEDURE – power to pleadings. (Casimiro v. Tandog, G.R. 146137, June 8, 2005)
prescribe rules of procedure which are effective
until disapproved by the Supreme Court.
REQUISITES OF ADMINISTRATIVE DUE PROCESS
(CONST. Art. VIII, Sec. 5, par. 5)
(RIPE-De-De-know)
2. SUBPOENA POWER – power to issue subpoena
ad testificandum and subpoena duces tecum may
1. Right to hearing;
only be exercised if allowed by law and only in
2. Tribunal, body, or any of its judges must act on
connection with the matter the administrative
body is authorized to investigate. its own Independent consideration of the law
and the facts of the controversy and not simply
3. CONTEMPT POWER – power to cite in
accept the views of its subordinate;
contempt may only be exercised if expressly
granted by law and only in relation to quasi- 3. Tribunal must consider the evidence Presented;
120
4. Evidence must be substantial which means 6. An appellate administrative agency may conduct
relevant evidence that a reasonable mind might an additional hearing in appealed cases if
accept as adequate to support a conclusion; deemed necessary. (Reyes v. Zamora, G.R. No. L-
5. Decision must have something to support itself; 46732, May 5, 1979)
6. Decision must be based on evidence presented
during hearing or at least contained in the record
and disclose to the parties;
7. Decision must be rendered in a manner that the This forbids the reopening of a matter that has already
parties can know the various issues involved and been determined by competent authority. Decisions and
the reason for the decision rendered. (Ang Tibay orders of administrative agencies, rendered pursuant to
v. CIR, G.R. No. L-46496, February 27, 1940) their quasi-judicial authority, have the force and binding
effect of a final judgement upon their finality. (Brillantes v.
RIGHT AGAISNT SELF-INCRIMINATION – applicable in Castro, G.R. No. L-9223, July 30, 1956)
administrative proceedings. (Pascual v. Board of Medical
Examiners, G.R. No. L-25018, May 26, 1969) GENERAL RULE: Administrative res judicata only applies
to judicial and quasi-judicial proceedings, not in the
NOTICE AND HEARING exercise of purely administrative functions. (Montemayor
v. Bundalian, G.R. No. 149335, July 30, 1956)
GENERAL RULE: Notice and hearing is necessary in
administrative proceedings. EXCEPTIONS:
a. Res judicata may not be invoked in labor relations
EXCEPTIONS: proceedings. (Nasipit Lumber Company v. NLRC,
a. Summary proceedings of distraint and levy upon G.R. No. 54424, August 31, 1989)
the property of a delinquent taxpayer; b. When judgement is rendered upon a null
b. Grant of provisional authority for increase of contract. (B.F. Goodrich Philippines, Inc. v.
rates or to engage in a particular line of business; Workmen’s Compensation Commission, G.R. No.
c. Cancellation of passport where no abuse of L-38569, March 28, 1988)
discretion is committed;
d. Summary abatement of nuisance per se which
affects safety of persons or property;
e. Preventive suspension of an officer or employee
pending investigation;
f. Grant or revocation of licenses or permits to INVESTIGATORY POWERS – it is the power of an
operate certain businesses affecting public order administrative body to inspect the records and premises
or morals; and investigate the activities of persons or entities coming
under its jurisdiction, or to secure or to require the
g. Where the right of notice and hearing has been
disclosure of information by means of accounts, records,
previously offered but the right to exercise them
reports, statements, testimony of witnesses, production of
had not been claimed;
documents, etc.
h. Removal of acting or temporary employees; and
i. Application for installation, establishment, or
SCOPE OF INVESTIGATORY POWERS
operation of a radio system.
1. Conduct inspection of accounts, records,

documents, and other papers relative to its
investigation;
1. Where provided by law, appeal from an
2. Obtain other information which it finds relevant
administrative determination may be made to a
to a matter being investigated;
higher or superior administrative officer or body.
3. Issue subpoena and notices;
2. Unless otherwise provided by law or executive
4. Swear and interrogate witnesses;
order, an appeal from a final decision of an
5. Inspect premises;
administrative agency may be taken to the
Department head. 6. Require written answers to questionnaires;
3. If the law that created the agency provides for an 7. Require periodic or special reports;
appeal as well as the procedure and the 8. Require the filing of statements.
requisites for taking that appeal, the specific
relief provided for in the law itself can be BASIC PRINCIPLES IN ADMINISTRATIVE
obtained. INVESTIGATIONS INITIATED BY COMPLAINT
4. If the law does not provide for an appeal or for
judicial relief or review, the questioned decision 1. The burden is on the complainant to prove his
can be the subject of judicial review under Rule allegations which must be supported by
65 of the Rules of Court. substantial evidence;
5. By virtue of the President’s power of control, the 2. Findings of facts made therein are to be
President himself or through the Department respected as long as they are supported by
Head may affirm, modify, alter, or revers the substantial evidence;
administrative decision of a subordinate.
(Administrative Order No. 18, Series of 1987)
121
3. The administrative decisions/findings can only

be set aside on proof of grave abuse of discretion,
fraud, or error of law.
RIGHT TO COUNSEL IN ADMINISTRATIVE

INVESTIGATIONS IS NOT MANDATORY DOCTRINE OF PRIMARY JURISDICTION – courts will not
determine a controversy where the issues for resolution
The right to counsel in administrative investigations is not demand the exercise of sound administrative discretion
mandatory in because the hearing conducted by the requiring the special knowledge, experience, and services
investigating administrative authority is not part of a of the administrative tribunal to determine technical and
criminal prosecution. (Remolona v. CSC, G.R. No. 137473, intricate matters of fact. (Nestle Philippines v. Uniwide
August 2, 2001) Sales Inc., G.R. No. 87437, May 29, 1991)
TEST TO DETERMINE WHETHER EXERCISE OF POWER DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE

IS INVESTIGATIVE OR ADJUDICATIVE REMEDIES – where the enabling statute indicates a
procedure for administrative review and provides a system
If the only purpose for investigation is to evaluate the of administrative appeal or reconsideration, the courts for
evidence submitted based on the facts and circumstances reasons of law, comity, and convenience will not entertain
presented, and if the administrative agency is not a case unless available administrative remedies have been
authorized to make a final pronouncement affecting the resorted to and the appropriate authorities have been
parties, then the exercise of power is merely investigatory. given the opportunity to act and correct errors committed
in the administrative forum. (Teotics v. Ageda Jr. G.R. No.
The power to investigate does not carry with it the power 87437, May 29, 1991)
to adjudicate. (Cariño v. CHR, G.R. No. 96681, December 2,
1991)
Doctrine of Exhaustion of Administrative
JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS – Remedies vs. Doctrine of Primary Jurisdiction
an administrative decision may be appealed to the courts Exhaustion of Primary Jurisdiction
of justice only if the Constitution or the law permits it or Administrative
if the issues to be reviewed involve questions of law.
Remedies
As to issues that can be passed upon
REQUISITES OF JUDICIAL REVIEW OF
It is the administrative Both the court and the
ADMINISTRATIVE DECISIONS
agency that has administrative agency
authority to pass upon has authority to pass
1. Finality of the Administrative Action. the question raised by upon the question
The administrative action has already been fully the person resorting to raised by the person
completed and therefore has become final. judicial relief. resorting to judicial
relief as an original
2. Exhaustion of Administrative Remedies. matter.
LICENSING OR ENABLING POWER – power of an

administrative body to grant, deny, suspend, or revoke a
license, permit, or franchise. This power is considered to As to jurisdiction to take cognizance of the case
be a part of quasi-judicial power since it is dependent upon The matter is The matter is
the ascertainment of facts by the administrative agency, cognizable in the first cognizable in the first
upon which a decision is to be made and rights and instance by the instance by both the
liabilities are determined. administrative agency court and the
alone. administrative agency.
RATE-FIXING POWER – power of an administrative body As to purpose
to prescribe or fix rates, wages, and prices. Control the timing of Determine the proper
judicial relief. tribunal to take
DIFFERENT EXERCISES OF RATE-FIXING POWER cognizance of the
matter.
a. LEGISLATIVE FUNCTION – when the rates prescribed
are meant to apply to all enterprises of a given kind
throughout the country. Prior notice and hearing is not
required.
b. QUASI-JUDICIAL FUNCTION – when the rates imposed

apply exclusively to a particular party, based upon a finding
of fact. Prior notice and hearing is required.
122
Green Notes 2019 Election Law
The right to vote in the election of officers chosen by the

people and in determination of questions submitted to the
people; it includes election, plebiscite, referendum,
initiative and recall.
(1) ELECTION – the means by which people choose their

officials for definite and fixed periods and to whom they
entrust, for the time being as their representatives, the
exercise of powers of government.
(2) PLEBISCITE – the electoral process by which an

initiative on the Constitution is approved or rejected by
the People.
(3) REFERENDUM – the power of the electorate to

approve or reject legislation through an election called for
the purpose.
a. Referendum on statutes
A petition to approve or reject an act or law, or part
thereof, passed by Congress; and
b. Referendum on local law

A petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and local
legislative bodies
(4) INITIATIVE – the process whereby the people directly

propose and enact laws.
(5) RECALL – method by which a public officer may be

removed from office during his tenure or before the
expiration of his term by a vote of the people after
registration of a petition signed by a required percentage
of voters.
(1) REGULAR/GENERAL – one provided by law for

election of officers either nationwide or in certain
subdivisions thereof, after the expiration of the full
term of the former members; participated in by
those who possess the right of suffrage, are not
otherwise disqualified by law, and who are registered
voters.
There is a simultaneous conduct of elections for
national and local officials once every 3 years. Under
R.A. 7166, regular elections are held on the 2nd
Monday of May.
(2) SPECIAL – one held to fill a vacancy in office before

the expiration of the full term for which the
incumbent was elected.
123
officer of the city or municipality wherein he resides and

including the same in the book of registered voters upon
approval by the Election Registration Board [Sec. 3a, RA.
8189].
QUALIFICATIONS OF VOTERS Registration does not confer the right to vote but is a
condition precedent to the exercise of the right [Yra v.
All citizens of the Philippines not otherwise disqualified by Abano (1928)].
law who are:
a. At least eighteen (18) years of age; REGISTERED VOTER
b. Resided in the Philippines for at least one (1) year; In order that a qualified elector may vote in any election,
c. Resided in the place wherein they propose to plebiscite or referendum, he must be registered in the
vote for at least six (6) months immediately Permanent List of Voters for the city or municipality in
preceding the election. which he resides [Sec. 115, B.P. 881].
There is no literacy, property, or other substantive The right to vote is not a natural right but is a right created
requirement shall be imposed on the exercise of suffrage by law. Suffrage is a privilege granted by the State to such
(1987 Constitution, Art. V, Sec. 1). person or classes as are most likely to exercise it for the
public good [People v. Corral (1936)].
The age and residence requisites must be complied with
on the day of the election. Any person, who, on the day of The State, in the exercise of its inherent police power, may
registration may not have reached the required age or enact laws to safeguard and regulate the act of voter’s
period of residence but who, on the day of the election registration for the ultimate purpose of conducting
shall possess such qualifications, may register as a voter honest, orderly, and peaceful election [Akbayan Youth v.
(R.A. 8189, Sec. 9). COMELEC (2001)].
In election cases, the Court treats domicile and residence BIOMETRICS VALIDATION REQUIREMENT IS NOT AN
as synonymous terms. Both import not only an intention UNCONSTITUTIONAL SUBSTANTIVE REQUIREMENT
to reside in a fixed place but also personal presence in that Even if there is failure to comply with the biometrics
place, coupled with conduct indicative of such intention validation of the voter’s registration (under RA 10367 or the
[Pundaodaya v. COMELEC (2009)]. Biometrics Law of 2013), it is not unconstitutional. The
requirement is a “mere aspect of the registration
DISQUALIFICATIONS OF VOTERS procedure, of which the State has the right to reasonable
regulate.” [Kabataan Partylist v. COMELEC (2015)].
The following shall be disqualified from voting:
a. Any person who has been sentenced by final judgment EFFECT OF TRANSFER OF RESIDENCE
to suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon Any person who transfers residence solely by reason of his
or granted amnesty. occupation, profession or employment in private or public
Note: Any person disqualified to vote under this service, education, etc. shall not be deemed to have lost his
paragraph shall automatically reacquire the right to original residence [Asistio v. Aguirre (2010)].
vote upon expiration of five (5) years after service of
sentence. SYSTEM OF CONTINUING REGISTRATION OF VOTERS
b. Any person who has been adjudged by final judgment
by competent court or tribunal of having committed PERIOD OF REGISTRATION
any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the GENERAL RULE: Daily. COMELEC allows a continuing
anti-subversion and firearms laws, or any crime system of registration, conducted daily in the office of the
against national security, unless restored to his full Election Officer during regular office hours.
civil and political rights in accordance with law.
Note: Any person disqualified to vote under this EXCEPTION: No registration shall be conducted within:
paragraph shall automatically reacquire the right to a. 120 days before a regular election
vote upon expiration of five (5) years after service of b. 90 days before a special election [Sec. 8, RA 8189].
sentence.
c. Insane or incompetent persons as declared by A party can file a petition to extend the deadline of the
competent authority. (Sec. 118, B.P. 881, Omnibus voter’s registration, provided it is within the 120-day
Election Code) prohibitive period for the conduct of voter registration
under Section 8 of RA 8189. [Akbayan vs COMELEC (2001)].
MANNER OF REGISTRATION FOR ILLITERATE OR

REGISTRATION DISABLED VOTERS
REGISTRATION FOR ILLITERATE PERSONS

The act of accomplishing and filing of a sworn application Registration is with the assistance of the Election Officer
for registration by a qualified voter before the election or any member of an accredited citizen’s arms.
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(3) Insane or incompetent persons as declared by

FOR PHYSICALLY DISABLED PERSONS competent authority
Application for registration may be prepared by: (4) Did not vote in 2 successive preceding regular
a. Any relative within the 4th civil degree of elections (excluding SK elections)
consanguinity or affinity; (5) Registration has been ordered excluded by the Court
b. By the Election Officer; or (6) Loss of Filipino citizenship [Sec. 27, R.A. 8189]
c. Any member of an accredited citizen’s arm [Sec.
14, RA 8189] REACTIVATION OF REGISTRATION
ELECTION REGISTRATION BOARDS PROCEDURE

Any voter whose registration has been deactivated may file
There shall be in each city and municipality as many with the Election Officer a sworn application for
Election Registration Boards (“ERB”) as there are election reactivation of his registration in the form of an affidavit
officers therein [Sec. 15, RA 8189]. stating that the grounds for the deactivation no longer exist.
CHANGE OF RESIDENCE OR ADDRESS PERIOD

Any time not later than 120 days before a regular election
CHANGE OF RESIDENCE TO ANOTHER CITY OR and 90 days before a special election. [R.A. 8189 Sec. 28]
MUNICIPALITY - The registered voter may apply with the
Election Officer of his new residence for the transfer of his
resignation records. [Sec. 12, RA 8189].
CHANGE OF ADDRESS IN THE SAME MUNICIPALITY OR

PERIOD FOR FILING THE PETITION FOR INCLUSION
CITY - Voter shall immediately notify the Election Officer
OR EXCLUSION PROCEEDING
in writing [Sec. 13, RA 8189].
The trial court has no power to order the change or PETITION FOR INCLUSION
transfer of registration from one place of residence to
another for it is the function of the election Registration GENERAL RULE: The petition for inclusion of voters in the
Board as provided under Section 12 of R.A. No. 8189 list shall be filed at any time.
[Domino v. COMELEC (1999)].
EXCEPTION: 105 days prior to a regular election or 75 days
REMEDY IN CASE OF APPROVAL/DISAPPROVAL OF prior to a special election.
APPLICATION FOR REGISTRATION
PERIOD TO DECIDE: It shall be decided within 15 days
A petition for Exclusion or Inclusion, whichever is after its filing.
applicable, may be filed by the aggrieved party with the
MTC of their respective city or municipality. PETITION FOR EXCLUSION
DEACTIVATION OF REGISTRATION GENERAL RULE: The petition for exclusion of voters in

the list shall be filed at any time.
DEACTIVATION
Process of deactivating the registration of certain persons, EXCEPTION: 100 days prior to a regular election or 65 days
removing their registration records from the before a special election.
corresponding precinct book of voters and placing the
same in the inactive file, properly marked “deactivated” PERIOD TO DECIDE: It shall be decided within 10 days
and dated in indelible ink. [R.A. 8189, Sec. 27]. from its filing.
GROUNDS OF DEACTIVATION CHALLENGING THE RIGHT TO REGISTER
(1) Sentenced by final judgment to suffer imprisonment A challenge to the right to register as a voter may be
for not less than 1 year (unless granted a plenary instituted by any voter, candidate or representative of a
pardon or an amnesty) registered political party.
Note: The right to vote is reactivated automatically
upon the expiration of 5 years after the service of REQUISITES:
sentence as certified by the clerk of court The challenge must be:
(2) Adjudged by final judgment for having committed any a. In writing;
crime involving disloyalty to the duly constituted b. Specifying the grounds for the objection to
government (e.g. rebellion, sedition, violation of the register;
firearms law) or any crime against national security c. Under oath; and
(unless restored to full civil and political rights in d. Attached to the application, together with the
accordance with law) proof of notice of hearing to the challenger and
Note: The right to vote is reactivated automatically the applicant.
upon the expiration of 5 years after the service of
sentence as certified by the clerk of court.
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COURT WITH JURISDICTION OVER INCLUSION AND g) The petition shall be heard and decided:
EXCLUSION PROCEEDING i. Within ten (10) days from the date of its filing
ii. Within ten (10) days from receipt of the appeal
ORIGINAL AND EXCLUSIVE JURISDICTION In all cases, the court shall decide these petitions not later
Over all cases of inclusion and exclusion of voters is vested than fifteen (15) days before the election and the decision
in the Municipal and Metropolitan Trial Courts (MTC) of shall become final and executor (Sec. 32, R.A. No. 8189)
their respective cities or municipalities.
APPELLATE JURISDICTION
Vested with the Regional Trial Court (RTC). Decisions of
the Municipal or Metropolitan Trial Courts may be
appealed by the aggrieved party to the Regional Trial Court GENERAL RULE: A person must be physically present in
within five (5) days from receipt of notice thereof. the polling place where he is a registered voter to be able
Otherwise, said decision shall become final and executory. to vote.
i) The RTC shall decide the appeal within 10 days
from the time it is received EXCEPTIONS:
ii) The decision shall immediately become final and 1. Members of the Board of Election Inspectors.
executory 2. Government officials and employees, including the PNP
iii) No motion for reconsideration shall be and AFP, who by reason of public functions and duties is
entertained. (Sec. 33, R.A. 8189) not in his place of registration on election day, may vote in
the city or municipality where he is assigned on election
day, provided that he is a registered voter.
3. Local Absentee Voting for Media – members of media,
NO RES JUDICATA media practitioners including technical and support staff,
who are duly registered voters, and who on election day
may not be able to vote due to the performance of their
A decision in an exclusion or inclusion proceeding, even if
final and unappealable, does not acquire the nature of res functions in covering and reporting on the elections,
provided that they shall be allowed to vote only for the
judicata.
President, Vice President, Senators, and Party-List
Representatives.
Exception: The decision is res judicata as to the right to
4. Overseas Absentee Voter - citizen of the Philippines
remain in the list of voters or for being excluded therefrom
who is qualified to register and vote under the Overseas
for the particular election in relation to which the
Voting Act of 2013 (R.A. 10590), not otherwise disqualified
proceedings had been held [Domino v. COMELEC (1999)].
by law, who is abroad on the day of elections. They shall be
allowed to vote only for the President, Vice President,
COMMON RULES GOVERNING JUDICIAL
Senators, and Party-List Representatives.
PROCEEDINGS IN MATTER OF INCLUSION,
EXCLUSION AND CORRECTION OF NAMES OF VOTERS
WHERE OVERSEAS ABSENTEE VOTER MAY VOTE
Registration as an overseas absentee voter shall be done in
a) It should be filed during office hours person in the Philippine Consulate of Embassy nearest to
b) Notice of the place date and time of the hearing of the the place of residence of the voter. [Sec.5, R.A. 9189]
petition shall be served upon the members of the
Board and the challenged voter upon filing of the
petition, using any of the modes of service:
i. Personal delivery
ii. Registered mail, or DETAINEE VOTING
iii. Posting in the bulletin board of city or May be availed of by any registered detainee whose
municipal hall and in 2 other conspicuous registration record is not deactivated or cancelled.
places within the city of municipality
c) A petition shall refer only to one (1) precinct and WHERE DETAINEES MAY VOTE
implead the Board as respondents Voting may be done either through:
d) Generally, no costs shall be assessed against any
party. However, the court may order a party to pay 1. SPECIAL POLLING PLACE INSIDE JAILS
the costs and incidental expenses of the suit should it Special polling places shall be established in jails with at
find that the application was filed solely to harass the least 50 detainee voters who are residents and registered
adverse party and to cause him to incur expenses as such in the municipality or city where the jail facility is
e) Any voter, candidate or political party who may be located. In case of cities with several districts, detainee
affected by the proceedings may intervene and voters of districts other than the district where the jail is
present his evidence located are entitled to vote in the special polling places
f) The decision shall be based on the evidence inside the detention centers or jails.
presented and in no case rendered upon a stipulation
of facts. 2. ESCORTED VOTING
i. If the question is whether or not the voter is The following shall avail of the escorted voting:
real or fictitious, his non-appearance on the a. Detainee voters who are residents or registered voters
day set for hearing shall be prima facie of municipalities or cities other than the town or city of
evidence that the challenged voter is fictitious detention; and
126
b. Detainee voters in detention centers or jails where no Qualifications prescribed by law are continuing
special polling places are established. requirements and must be possessed for the duration of
the officer's active tenure [Labo v. COMELEC (1989)].
REQUIREMENTS FOR DETAINEES TO AVAIL ESCORTED
VOTING: QUALIFICATIONS FOR PRESIDENT AND VICE-
a. Said detainee voters obtained court orders allowing PRESIDENT
them to vote in the polling place where they are registered; (1) Natural-born citizen of the Philippines
b. It is logically feasible on the part of the jail or prison (2) Registered voter
administration to escort the detainee voter to the polling (3) Able to read and writer
place where he is registered; and (4) At least 40 years of age at the day of election
c. Reasonable measures shall be undertaken by the jail or (5) Resident of the Philippines for at least 10 years
prison administration to secure the safety of detainee immediately preceding such election (Sec. 63,
voters, prevent their escape, and ensure public safety. Omnibus Election Code)
WHO IS A DETAINEE QUALIFICATIONS FOR SENATOR

For purposes of detainee voting, a detainee is understood (1) Natural-born citizen of the Philippines
to be any person: (2) Registered voter
1. Confined in jail, formally charged for any crime and (3) Able to read and write
awaiting or undergoing trial; or (4) At least 35 years of age at the day of election
2. Serving a sentence of imprisonment for less than 1 year; (5) Resident of the Philippines for at least 2 years
or immediately preceding such election
3. Whose conviction of a crime involving disloyalty to the
duly constituted government such as rebellion, sedition, QUALIFICATIONS FOR MEMBER OF THE HOUSE OF
violation of the firearms laws, or any crime against national REPRESENTATIVES
security or for any other crime is on appeal. (1) Natural-born citizen of the Philippines
(2) Registered Voter
DETAINEES THAT MAY BE REGISTERED AS A VOTER (3) Able to read and write
Detainees who shall be 18 years of age on the day of (4) At least 25 years of age at the day of the election
election and/or are committed inside detention centers (5) Resident of the same district for a period of not
for at least 6 months immediately preceding the election less than 1 year immediately preceding such
day may be registered as a voter. election.
DETAINEES WHO MAY APPLY FOR TRANSFER OF QUALIFICATIONS FOR LOCAL ELECTIVE OFFICIAL
REGISTRATION (1) Must be a citizen of the Philippines
Detainees who are already registered voters may apply for (2) A registered voter in the barangay, municipality,
transfer of registration records as warranted by the city, or province, or in the case of a member of
circumstances. the sangguniang panlalawigan, panglungsod or
bayan, the district where he intends to be elected
DISQUALIFICATIONS FOR DETAINEE VOTING (3) Able to read and write Filipino or any other local
1. Person convicted by final judgement to suffer language or dialect (Sec. 39, R.A. No. 7160 Local
imprisonment for not less than 1 year, unless pardoned or Government Code)
given amnesty. However, the right to vote is reacquired (4) On the day of the election must at least be:
upon expiration of 5 years after service of sentence. a. 23 years of age for Governors, Vice
2. Insane or incompetent persons as declared by Governors, Members of the Sangguniang
competent authority. Panlalawigan, mayor, vice mayor and
member of the sangguniang panglungsod
3. Person adjudged by final judgement as having
ng Highly Urbanized City
committed any crime involving disloyalty to the
b. 21 years of age for mayors or vice mayors of
government or any crime against national security. The
ICC, CC or municipalities
right to vote is reacquired upon expiration of 5 years after
c. 18 years of age for members of the
service of sentence.
sangguniang panlungsod, or bayan or
punong baranggay or members of the
sangguniang
d. 15 but not more than 18 years of age for
CANDIDATE Sangguniang Kabataan
Any person who files his certificate of candidacy within (5) Resident therein for at least 1 year immediately
prescribed period shall only be considered as a candidate preceding the day of election.
at the start of the campaign period for which he filed his
certificate of candidacy [Sec. 15, R.A. 9369]. DISQUALIFICATIONS UNDER SEC. 12 OF THE OMNIBUS
ELECTION CODE
1. Any person who has been declared by competent

authority insane or incompetent, unless there is a
declaration by competent authority that said insanity or
incompetence had been removed;
127
2. Any person sentenced by final judgment for subversion, a person simultaneously owes, by some positive act, loyalty
insurrection, rebellion, or for any offense for which he has to 2 or more states. [Mercado v. Manzano (1999)]
been sentenced to a penalty of more than 18 months of
imprisonment, unless he has been given plenary pardon or 5. Fugitives from justice in criminal or non-political cases
granted amnesty or after the expiration of a period of five here or abroad;
years from his service of sentence, unless within the same
period he again becomes disqualified; WHO ARE FUGITIVES
3. Any person sentenced by final judgment for a crime A fugitive from justice includes not only those who flee
involving moral turpitude, unless he has been given after conviction to avoid punishment but also those who,
plenary pardon or granted amnesty or after the expiration after being charged, flee to avoid prosecution. [Marquez v.
of a period of 5 years from his service of sentence, unless COMELEC (1995)]
within the same period he again becomes disqualified.
6. Permanent residents in a foreign country or those who
UNDER SEC. 68 OF THE OMNIBUS ELECTION CODE have acquired the right to reside abroad and continue to
Any candidate who, in an action or protest in which he is a avail of the same right after the effectivity of the LGC; and
party is declared by final decision of a competent court 7. The insane or feeble-minded.
guilty of, or found by the COMELEC of having:
EFFECTS OF DISQUALIFICATION
1. Given money or other material consideration to
influence, induce or corrupt the voters or public officials JUDGEMENT BEFORE ELECTION – Any candidate who
performing electoral functions; has been declared by final judgment to be disqualified shall
2. Committed acts of terrorism to enhance his candidacy; not be voted for, and all votes cast for him shall not be
3. Spent in his election campaign an amount in excess of counted. (Section 72, Omnibus Election Code)
that allowed by the OEC.
4. Solicited, received or made any contribution prohibited JUDGEMENT AFTER ELECTION – A candidate who is not
under Sec. 89 (transportation, food, and drinks), Sec. 95 declared by final judgment before an election to be
(public or private financial institutions, public utilities, or disqualified may be voted for and may receive the winning
exploitation of natural resources, contractors of public number of votes in such election and his violation of the
works or other government contracts, franchise holders or provisions of the preceding sections shall not prevent his
concessionaires, educational institutions receiving grants proclamation and assumption to office.
from the government, officials of the Civil Service or the
AFP, foreigners or foreign corporations), Sec. 96 (foreign-
sourced contributions), Sec. 97 (raising of funds though
lotteries, cockfights, boxing bouts, bingo, beauty contests,
etc.) and Sec. 104 (prohibited contributions to churches,
schoolbuildings, roads, bridges, medical clinics, etc.); or CERTIFICATE OF CANDIDACY
5. Violated any of Sec. 80 (campaign period), Sec. 83 A statement of a person seeking to run for a public office
(removal, destruction of lawful election propaganda), Sec. certifying that he announces his candidacy for the office
85 (prohibited forms of propaganda), Sec. 86 (regulation of mentioned and that he is eligible for the office, the name
propaganda through mass media) and Sec. 261 (election of the political party to which he belongs if he belongs in
offenses); any, and his post-office address for all election purposes.
6. Any person who is a permanent resident of or an [Sinaca v. Mula (1999)]
immigrant to a foreign country, unless said person has
waived his status as permanent resident or immigrant of a FORMAL DEFECTS IN CERTIFICATE OF CANDIDACY
foreign country in accordance with the residence The election of a candidate cannot be annulled on the sole
requirement provided for in the election laws. ground of formal defects in his certificate of candidacy.
The will of the people cannot be frustrated by a
UNDER THE LOCAL GOVERNMENT CODE: technicality consisting in that his certificate of candidacy
The following persons are disqualified from running for had not been properly sworn to. [De Guzman v. Board of
any elective local position: Canvassers (1925)]
1. Those sentenced by final judgment for an offense It is not a ground for disqualifying a candidate. [Sergio
involving moral turpitude or for an offense punishable by 1 Amora v. COMELEC (2011)]
year or more of imprisonment, within 2 after serving
sentence;
2. Those removed from office as a result of an
administrative case; FOR APPOINTIVE OFFICIALS
3. Those convicted by final judgment for violating the oath Any person holding an appointive office or position,
of allegiance to the Republic; including active members of the Armed Forces of the
4. Those with dual citizenship; Philippines, and officers and employees in GOCCs, shall be
considered ipso facto resigned from his office upon the
TO WHOM DISQUALIFICATION FOR DUAL filing of his certificate of candidacy. Such resignation is
CITIZENSHIP APPLIES irrevocable. (Sec. 66, Omnibus Election Code)
Dual citizenship as a disqualification must refer to citizens
with dual allegiance. Dual allegiance is a situation in which FOR ELECTIVE OFFICIALS
128
Elective officials, upon the filing of his certificate of

candidacy, shall not be considered resigned for the same
or any other elective office or position. (Sec. 4, Comelec
Resolution No. 8678, Guidelines on the Filing of Certificates NUISANCE CANDIDATE
of Candidacy and Nomination of Official Candidates of A nuisance candidate is one who:
Registered Political Parties in Connection with the May 10, a. Puts the election process in mockery or disrepute; or
2010 National and Local Elections) b. Causes confusion among the voters by the similarity
of the names of the registered candidates; or
c. Clearly demonstrates that he has no bona fide
intention to run for the office which the certificate
of candidacy has been filed, and thus prevents a
GROUNDS faithful determination of the true will of the
electorate. (Sec. 69, Omnibus Election Code)
If after the last day for filing of candidacy, an official
candidate of a registered political party INSTITUTION OF PETITION TO DENY DUE COURSE OR
(a) Dies; CANCEL CERTIFICATE OF CANDIDACY OF NUISANCE
(b) Withdraws; or CANDIDATE
(c) Is disqualified for any cause. The COMELEC may motu proprio, or upon verified
petition of an interested party, refuse to give due course
He may be substituted by a candidate belonging to and to or cancel a certificate of candidacy. (Sec. 69, Omnibus
nominated by the same political party. Election Code)
LIMITATIONS COMELEC’s power to motu proprio deny due course to a

COC is subject to the candidate’s opportunity to be heard.
If candidate belongs to a political party: In election cases, due process requirements are satisfied
 ONLY a person belonging to, and certified by, the when the parties are afforded a fair and reasonable
same political party may file a certificate of opportunity to explain their side of the controversy at
candidacy to replace the candidate who died, hand. [Timbol v. COMELEC (2015)]
withdrew or was disqualified.
 The substitute candidate nominated by the PERIOD TO FILE
political party concerned may file his certificate of Withing 5 days from the last day for the filing of certificates
candidacy for the office affected in accordance of candidacy.
with the preceding sections not later than mid-day
of the day of the election. VOTES CAST FOR NUISANCE CANDIDATE ARE NOT
 If candidate does not belong to a political party. STRAY VOTES
Votes cast for a nuisance candidate should be counted in
PERIOD favor of the bonafide candidate because:
Before the election and mid-day of Election Day, the 1. A petition to cancel or deny a COC under Sec. 69 of the
Certificate may be filed: OEC should be distinguished from a petition to disqualify
1. With any board of election inspectors in the under Sec. 68. Hence, the legal effect of such cancellation
political subdivision where he is a candidate; or of a COC of a nuisance candidate cannot be equated with
2. With the COMELEC, in the case of candidates to be a candidate disqualified on grounds provided in the OEC
voted for by the entire electorate of the country. and LGC.
WITHDRAWAL OF CANDIDACY 2. The possibility of confusion in the names of candidates

if the names of nuisance candidates remained on the
A person who has filed a certificate of candidacy may, prior ballots on election day, cannot be discounted or
to the election, withdraw the same by submitting to the eliminated, even inder the automated voting system,
office concerned a written declaration under oath. (Section especially considering that voters who mistakenly shaded
73, Omnibus Election Code) the oval beside the name of the nuisance candidate instead
of the bona fide candidate they intended to vote for could
EFFECT OF WITHDRAWAL no longer ask for replacement ballots to correct the same.
(1) If a candidate files a certificate of candidacy for more 3. Laws and statutes governing election contests especially
than 1 office, he shall not be eligible for any of them. appreciation of ballots must be liberally construed to the
However, he may declare under oath the office for end that the will of the electorate in the choice of public
which he desires to be eligible and cancel the officials may not be defeated by technical infirmities. [Dela
certificate of candidacy for the other office or offices Cruz v. COMELEC (2012)
provided that this is done before the expiration of
the period for the filing of certificates of candidacy.
(Sec. 73, BP 881)
(2) The filing of the withdrawal shall not affect whatever MINISTERIAL DUTY OF COMELEC TO RECEIVE
civil, criminal, or administrative liabilities which a CERTIFICATE OF CANDIDACY
candidate may have incurred. (Sec. 73, BP 881)
129
GENERAL RULE: The COMELEC shall have the ministerial Where to With the Law Department of the
duty to receive and acknowledge receipt of the certificates file COMELEC
of candidacy provided said certificates are:
(1) under oath; EFFECTS OF DISQUALIFICATION
(2) contains all the required data and
(3) in the form prescribed by the Commission. AFTER FINAL JUDGMENT
Any candidate declared by final judgment to be disqualified
EXCEPTION: COMELEC may go beyond the face of the shall not be voted for, and the votes cast for him shall not
certificate of candidacy of – be counted.
(1) Nuisance candidates
(2) Petition to deny due course to or cancel a BEFORE FINAL JUDGMENT
certificate of candidacy If a candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives
While the COMELEC may look into patent defects in the the winning number of votes in such election, the Court or
certificate, it may not go into matters not appearing on Commission shall continue with the trial and hearing of the
their face [Abcede v. Imperial (1958)]. action, inquiry, or protest and, upon motion of the
complaint or any intervenor, may, during the pendency
Even without a petition to deny course to or cancel a thereof, order the suspension of the proclamation of such
certificate of candidacy, the COMELEC is under a legal candidate whenever the evidence of his guilt is strong.
duty to cancel the Certificate of Candidacy of anyone
suffering from the accessory penalty of perpetual special Suspension of proclamation/continuation of hearing: the
disqualification to run for public office by virtue of a final Commission may legally suspend the proclamation of the
judgment of conviction. The final judgment of conviction winning candidate even if he received the winning number
is notice to the COMELEC of the disqualification of the of votes .[Labo, Jr. v. COMELEC (1989)]
convict from running for public office. [Jalosjos v.
COMELEC (2012)] Note: The use of the word “may” indicates that the
suspension is merely permissive. What is mandatory
though, under this provision is the continuation of the trial
and hearing of the action, inquiry or protest.
PRINCIPLE OF REJECTION OF SECOND PLACER
GENERAL RULE: The fact that the candidate who obtained

the highest number of votes is later declared to be
GROUNDS FOR FILING disqualified or not eligible for the office to which he was
1. False material representation in the CoC on any of the elected, does not necessarily entitle the candidate who
contents required under Section 74 of the Omnibus obtained the second highest number of votes to be
Election Code. declared the winner of the elective office.
2. If the certificate filed is a substitute CoC, and it is not a
The candidate obtaining the second highest number of
proper case of substitution under Sec. 77 of BP 881 (Sec. 2,
votes for the contested office could not assume the office
Rule 24, COMELEC Rules of Procedure)
despite the disqualification of the first placer because the
second placer was “not the choice of the sovereign will.”
Procedure for Cancellation of Certificate of
Surely, a minority or defeated candidate could not be
Candidacy
deemed elected to the office. [Talaga vs. Commission on
Any citizen of voting age, or a duly Elections (2012)]
Who may
registered political party, organization,
file
or coalition of political parties
EXCEPTION: The only time that a second placer is allowed
Within 25 days from the last day for to take the place of a disqualified winning candidate is
When to file the filing of certificates of candidacy when 2 requisites concur, namely:
(Sec. 79, Omnibus Election Code) (a) the candidate who obtained the highest number
Where to With the Law Department of the of votes is disqualified; and
file COMELEC (b) the electorate was fully aware in fact and in law
of that candidate’s disqualification as to bring
such awareness within the realm of notoriety but
the electorate still cast the plurality of the votes
in favor of the ineligible candidate.
Procedure for Cancellation of Certificate of
Candidacy
Any citizen of voting age, or a duly
Who may
registered political party, organization,
file
or coalition of political parties
Any day after the last day for filing of FAILURE OF ELECTION
When to file certificates of candidacy, but not later A special action and the declaration of which falls under
than the date of proclamation the exclusive jurisdiction of the COMELEC sitting En
Banc.
130
WHEN FAILURE OF ELECTION MAY BE DECLARED An election may be postponed by the COMELEC either
1. When election in any polling place has not been held on motu proprio or upon verified petition by any interested
the date fixed; party and after due notice and hearing, whereby the
2. When election has been suspended before the hour interested parties are afforded equal opportunity to be
fixed by law for the closing of the voting; or heard, when the following grounds are present:
3. When after the voting and during the preparation and 1. Violence;
the transmission of the election returns or in the custody 2. Terrorism;
or canvass thereof, the same results in a failure in the 3. Loss or Destruction of election paraphernalia or
election. (Sec. 6, OEC) records;
4. Force majeure; and
REQUISITES FOR FAILURE OF ELECTION 5. Other analogous causes of such a nature that the
1. No voting has taken place in the precincts concerned on holding of a free, orderly, and honest election becomes
the date fixed by law, or even if there was voting, the impossible in any political subdivision. (Sec. 5, OEC)
election nonetheless resulted in a failure to elect;
2. The votes cast would have affected the results of the CALL OF SPECIAL ELECTION
election; and
3. The cause of such failure of election should have been The COMELEC shall, on the basis of a verified petition by
on account of: any interested party and after due notice and hearing, call
a. Force majeure; for the holding or continuation of the election not held,
b. Violence; suspended, or which resulted in a failure to elect. (Sec. 6,
c. Terrorism; OEC)
d. Fraud; or
e. Other analogous causes. (Sec. 6 OEC) GUIDELINES IN FIXING DATE OF SPECIAL ELECTION
FRAUD AS A GROUND FOR FAILURE OF ELECTION The COMELEC should see to it that:
Such fraud must be one that prevents or suspends the 1. It should not be later than 30 days after the cessation of the
holding of an election, inclusding the preparation and postponement or suspension of the election or failure to
transmission of the election returns. [Macabago v. elect; and
COMELEC (2002)] 2. It should be reasonably close to the date of the election
not held, suspended or which which resulted in the
PROCEDURE FOR FILLING A PETITION TO DECLARE failure to elect. [Pangandaman v. COMELEC (1999)]
FAILURE OF ELECTIONS
Petitioner files verified petition with the Law

Department of the COMELEC.
PRE-PROCLAMATION CONTROVERSY
Refers to any question or matter pertaining to or affecting
Unless a shorter period is deemed necessary by
circumstances, within 24 hours, the Clerk of Court
the proceedings of the board of canvassers, or any matter
concerned serves notices to all interested parties, raised under Sec. 233 (delayed, lost or destroyed election
indicating therein the date of hearing, through the returns), Sec. 234 (material defects in election returns, Sec.
fastest means available. 235 (tampered, altered, or falsified election returns), and
Sec. 236 (discrepancies in election returns) of the OEC in
relation to the preparation, transmission, receipt, custody
Unless a shorter period is deemed necessary by and appreciation of the election returns. [Sec. 241, OEC]
the circumstances, within 2 days from receipt of
the notice of hearing, any interested party may file ISSUES THAT CAN BE RAISED
an opposition with the Law Department of the
COMELEC.
1. Illegal composition or proceedings of the Board of
Election canvassers;
2. Canvassed election returns are either:
The COMELEC proceeds to hear the petition. The a. Incomplete;
COMELEC may delegate the hearing of the case b. Contain material defects;
and the reception of evidence to any of its officials
who are members of the Philippine Bar. c. Appear to be tampered with or falsified; or
d. Contain discrepancies in the same returns or in
other authentic copies.
3. The election returns were:
a. Prepared under duress, threats, coercion,
The COMELEC then decides whether to grant or intimidation; or
deny the petition. This lies within the exclusive b. Obviously manufactured or not authentic.
prerogative of the COMELEC.
4. Substituted or fraudulent returns in controverted
polling places were canvassed, the results of which have
materially affected the standing of the aggrieved
POSTPONEMENT OF ELECTION candidates; or
131
5. Manifest errors in the Certificates of Canvass or Election affected thereby. [Sec. 5(b), Rule 27,
Returns. [Sec. 15, R.A. 7166; Chavez v. COMELEC, 211 SCRA COMELEC Rules of Procedure]
315]
Who Any candidate, political party or coalition of
Note: The enumeration is restrictive and exclusive. The political parties.
complete election returns whose authenticity is not PROCEDURE
questioned must be prima facie considered valid for If filed with the Board first:
purposes of canvass and proclamation. To allow a re-count 1. Petitioner submits his / her objection to the
or a re-appreciation of the votes in every instance would chairman of the board of canvassers.
paralyze canvass and proclamation. 2. The Board makes its ruling.
3. Within 3 days from the ruling, the parties
ISSUES THAT CANNOT BE RAISED adversely affected may appeal the matter to
the COMELEC.
Jurisprudence has held that the following issues are not 4. Upon appeal, the COMELEC shall summarily
proper in a pre-proclamation controversy: decide the case within 5 days from the filing
thereof [Sec. 19, R.A. 7166].
1. Appreciation of ballots, as this is performed by the Board
of Election Inspectors at the precinct level and is not part If initiated directly with the COMELEC
of the proceedings of the Board of Canvassers [Sanchez v. 1. Petitioner files petition with the COMELEC.
COMELEC, 153 SCRA 67] 2. Upon the docketing of such petition, the
2. Technical examination of the signatures and thumb Clerk of Court concerned shall issue
marks of voters. [Balindong v. COMELEC, 260 SCRA 494; summons with a copy of the petition to
Matalam v. COMELEC, 271 SCRA 733]. respondents.
3. Prayer for re-opening of ballot boxes [Alfonso v. 3. The Clerk of Court concerned shall
COMELEC (1994)]. immediately set the petition for hearing. The
4. Padding of the Registry List of Voters of a municipality, COMELEC shall hear and decide the petition
massive fraud and terrorism [Ututalum v. COMELEC, 181 en banc.
SCRA 335].
5. Challenges directed against the Board of Election  The Board of Canvassers shall not commence,
Inspectors [Ututalum v. COMELEC, 181 SCRA 335]. proceed or resume canvass unless otherwise
6. Fraud, terrorism and other illegal electoral practices. ordered by COMELEC [Sec. 5, Rule 27, COMELEC
These are properly within the office of election contests Rules of Procedure].
over which electoral tribunals have sole, exclusive
jurisdiction [Loong v. COMELEC]. B. Matters relating to the preparation, transmission,
receipt, custody and appreciation of the election
returns and certificates of canvass
Where Only with the Board of Canvassers
When At the time the questioned return is
Procedure for Filing a Pre-Proclamation Controversy presented for inclusion in the canvass.
A. Questions involving the composition or proceedings Any candidate, political party or coalition of
Who
of the Board of Canvassers, or correction of manifest political parties.
errors
PROCEDURE
Where The controversy may be initiated either in the
1. The contesting party makes an oral objection to
Board of Canvassers or directly with the
the chairman of the Board of Canvassers at the
COMELEC. [Sec. 17, OEC]
time the questioned return is presented for
When It depends:
inclusion in the canvass. Such objection is
1. If the petition involves the illegal
recorded in the minutes of canvass.
composition or proceedings of the
Simultaneous with the oral objection, the
board, it must be filed immediately when
objecting party enters his objection in the form
the board begins to act as such, or at the
for written objections prescribed by the
time of the appointment of the member
COMELEC.
whose capacity to sit as such is objected
to if it comes after the canvassing of the
2. Upon receipt of such objection, the Board
board, or immediately at the point where
automatically defers the canvass of the contested
the proceedings are or begin to be illegal.
returns and proceeds to canvass the returns,
[Laodeno v. COMELEC, 276 SCRA 705]
which are not contested by any party.
Otherwise, by participating in the
3. Within 24 hours from and after the presentation of
proceedings, the petitioner is deemed to
such objection, the objecting party submits the
have acquiesced in the composition of
evidence in support of the objection, which shall be
the Board of Canvassers.
attached to the form for written objections.
2. If the petition is for correction, it must be
Within the same 24-hour period, any party may file
filed not later than 5 days following the
a written and verified opposition to the objection
date of proclamation, and must implead
in the prescribed COMELEC form, attaching
all candidates who may be adversely
132
supporting evidence, if any. The Board shall not

entertain any objection or opposition unless EFFECT OF THE PROCLAMATION OF WINNING
reduced to writing in the prescribed forms. CANDIDATE
4. The Board chairman immediately and formally GENERAL RULE: A pre-proclamation controversy shall no
admits the evidence attached to the objection or longer be viable after the proclamation and assumption
opposition by affixing his signature at the back of into office by the candidate whose election is contested.
each and every page thereof. The remedy is an election protest before the proper forum.
[Mayor v. COMELEC (1989)]
5. Upon receipt of the evidence, the Board considers
the objection and the opposition, and summarily EXCEPTION: The prevailing candidate may still be
rules on the objection. The Board then enters its unseated
ruling on the prescribed form and authenticates even though he has been proclaimed and installed in office
the same by entering the signatures of all its if:
members. a. The opponent is adjudged the true winner of
the election by final judgment of court in an
6. The parties adversely affected by the ruling election contest;
immediately inform the Board if they intend to b. The prevailing party is declared ineligible or
appeal the ruling. Such information is then disqualified by final judgment of a court in a quo
entered in the minutes of canvass. warranto case; or
c. The incumbent is removed from office for
7. The Board then sets aside the returns and cause.
proceeds to consider the other returns. The Board
then suspends the canvass after all the
uncontested returns have been canvassed and the
contested return ruled upon by it.
ELECTION PROTEST
8. Within 48 hours from the ruling, the party Adversarial proceedings by which matters involving the
adversely affected files a written and verified title or claim to an elective office, made before or after
notice of appeal with the Board. The party then proclamation of the winner, is settled whether or not the
files an appeal with the COMELEC within a non- contestant is claiming the office in dispute. [Javier vs.
extendible period of 5 days thereafter. COMELEC (1986)]
9. Immediately upon receipt of the notice of appeal, PURPOSE

the Board makes an appropriate report to the To ascertain the candidate lawfully elected to office.
COMELEC, elevating therewith the complete
records and evidence submitted in the canvass,
and furnishing the parties with copies of the
report.
10. The COMELEC summarily decides the appeal

within 7 days from receipt of the record and
evidence elevated to it by the Board. PRE-PROCLAMATION CONTROVERSIES v. ELECTION
PROTEST
11. The COMELEC's decision becomes executory after
the lapse of 7 days from receipt thereof by the
losing party. PRE-PROCLAMATION ELECTION CONTEST
CONTROVERSY
12. The COMELEC then authorizes the Board of Before proclamation of After proclamation of
Canvassers to proceed with the proclamation of candidate candidate
the winner. Any proclamation made without Jurisdiction of COMELEC Jurisdiction of COMELEC
COMELEC authorization is void ab initio, unless is administrative/quasi- is judicial
the contested returns do not adversely affect the judicial
results of the election. (Sec. 20, R.A. 7166) It is governed by the It is governed by the
requirements of requirements of judicial
Note: Mandatory procedure and non-compliance administrative due process
would be fatal to the pre-proclamation petition. process
ORIGINAL AND EXCLUSIVE JURISDICTION OVER

EFFECT OF FILING PRE-PROCLAMATION ELECTION CONTESTS
CONTROVERSIES
1. MeTC or MTC – over election contests involving
The period to file an election contest shall be SUSPENDED barangay officials. [Sec. 252. BP 881]
during the pendency of the pre-proclamation contest in
the COMELEC or the Supreme Court [Sec. 248, Omnibus 2. RTC - over contests involving municipal officials. [Sec.
Election Code]. 251. BP 881]
133
the loser files a motion for

3. COMELEC – over all contests relating to the elections, reconsideration in the pre-proclamation
returns and qualifications of all elective regional, controversy, there are only 5 days which
provincial and city officials. [Sec. 250. BP 881] will remain of the period within which to
file an election protest. [Roquero v.
4. House of Representatives Electoral Tribunal (HRET) – COMELEC, 289 SCRA 150].
over election contests involving members of the House of
Representatives including partylists. PROCEDURE
A. For protests filed with the COMELEC
5. Senate Electoral Tribunal (SET) – over election contests 1. Protestant files a verified petition with the
involving members of the Senate. COMELEC within 10 days from proclamation
and pays the required docket fees. Failure to
6. Supreme Court sitting as the Presidential Electoral pay the basic docket fee will result in the
Tribunal (PET) – over election contests involving dismissal of the protest. [Gatchalian v.
presidential and vice-presidential candidates COMELEC, 245 SCRA 208]
APPELLATE JURISDICTION OVER ELECTION 2. The Clerk of Court of the COMELEC or the
CONTESTS division concerned issues the corresponding
summons to the protestee within 3 days from
1. For decisions of the HRET and SET – Petition for the filing of the petition.
certiorari under Rule 65 of the Rules of Court to the
Supreme Court on the ground of grave abuse of discretion 3. Protestee must file an answer within 5 days
amounting to lack or excess of jurisdiction or violation of from service of summons and a copy of the
due process. [Robles v. HRET (1990)] petition. The protestee may incorporate in
his answer a counter-protest or
2. For decisions of the COMELEC – Petition for certiorari counterclaim.
under Rule 65 of the Rules of Court to the Supreme Court
within 30 days from receipt of the decision on the ground The COMELEC may not entertain a counter-
of grave abuse of discretion amounting to lack or excess of protest filed beyond the reglementary period to
jurisdiction or violation of due process. (CONST. Art. IX-A, file the same. [Kho v. COMELEC (1997)]
Sec. 7)
4. Protestant has 5 days from receipt of the
Only after the COMELEC En Banc has resolved the motion answer or answer with counterclaim or
for reconsideration of the decision of the COMELEC counter-protest to file his reply or answer to
division may the decision of the COMELEC En Banc be counter-protest or counterclaim,
questioned before the Supreme Court. respectively.
If no answer is filed to the protest or counter-

3. For decisions of the RTC, MTC, or MeTC
protest, a general denial is deemed to have been
entered.
GENERAL RULE: Appeal is exclusively to the COMELEC.
The COMELEC’s decision shall be final and executory.
5. After the issues have been joined, the case
(CONST. Art IX-C, Sec. 2, par. 2) shall be set for hearing and presentation and
reception of evidence.
EXCEPTION: When the decision is marred by grave abuse
of discretion, the aggrieved party may seek remedy with 6. After the case has been submitted for
the Supreme Court by way of special civil action for decision, the COMELEC shall render its
certiorari. [Alvarez v. COMELEC (2001)] decision. If the case is being heard by a
Division, the case shall be decided within 10
PROCEDURE FOR ELECTION CONTESTS days. If it is being heard by the COMELEC en
banc, it shall be decided within 30 days.
ELECTION CONTEST
Who may Any candidate who has filed a certificate 7. The decision of a division becomes final and
file of candidacy and has been voted upon executory after the lapse of 15 days following
for the same office, and who has not its promulgation. The aggrieved party may
himself caused or contributed to the file a timely motion for reconsideration within
irregularities or frauds of which he 5 days from promulgation of the decision on
complains the grounds that the evidence is insufficient
Grounds Fraud, terrorism, irregularities or illegal to justify the decision; or that the said
acts committed before, during or after decision is contrary to law.
the casting and counting of votes.
Period for Within 10 days from proclamation of the For the COMELEC en banc, the decision becomes
filing results of the election final and executory 30 days from its promulgation.
Where, after 5 days from the B. For protests filed with the Regional Trial Court
proclamation of the winning candidate, (Rule 35, COMELEC Rules of Procedure)
134
1. Protestant files a verified petition with the Grounds Ineligibility or disloyalty to the Republic
RTC within 10 days from proclamation. of the Philippines
Period for Within 10 days from proclamation of the
2. Filing of answer: Protestee must file an filing results of the election
answer within 5 days after receipt of notice of
the filing of the petition and a copy of the AWARD OF DAMAGES
petition.
Actual or compensatory damages may be granted in all
Should the protestee desire to impugn the votes election contests or in quo warranto proceedings in
received by the protestant in other precincts, he accordance with law. [Sec. 259, Omnibus Election Code]
may file a verified counter-protest within the same
period fixed for the filing of the answer. PREFERENTIAL DISPOSITION OF CONTESTS
3. Filing of Counter-Protest: Protestant has 5
GENERAL RULE: Courts shall give preference to election
days from receipt of the counter-protest to
contests over all other cases.
file his answer to such counter-protest.
EXCEPTION: Habeas corpus cases. (Sec. 13, Rule 14, AM.
4. Filing of Intervention: Any other candidate for
No. 07-4-15-SC)
the same office may intervene in the case
within 5 days from filing of the protest by
filing a verified petition-in-intervention. PERIOD TO DECIDE: The court shall decide the election
contest within 30 days from the date it is submitted for
decision, in no case beyond 6 months after its filing, unless
5. Filing of answer to protest-in-intervention:
The protestant or protestee shall answer the the Supreme Court authorizes an extension in writing.
protest-in-intervention within 5 days after (Sec. 1, Rule 14, AM. No. 07-4-15-SC)
notice.
ELECTION CONTEST v. QUO WARRANTO
6. If no answer is filed to the protest, counter-
protest or protest-in-intervention within the ELECTION CONTEST QUO WARRANTO
specified time limits, a general denial is ISSUE
deemed to have been entered. Strictly a contest between Refers to questions of
the defeated and the disloyalty or ineligibility
7. After the issues have been joined, the case winning candidate, based of the winning candidate.
shall be set for hearing. on grounds of election It is a proceeding to
frauds or irregularities, as unseat the ineligible
Period for presentation of evidence: Presentation to who actually obtained person from office, but
and reception of evidence shall be completed the majority of the legal not to install the
within 30 days from the date of the votes and therefore is protesting party in the
commencement thereof. entitled to hold the office. place of the ineligible
person.
8. Rendition of decision: The Court shall decide WHO MAY FILE
the election contest within 30 days from the Only by the candidate Can be filed by any voter.
date it is submitted for decision, but in every who has duly filed a
case within 6 months after its filing. Such certificate of candidacy
decision shall declare who among the parties and has been voted for.
has been elected, or in a proper case, that EFFECT ON THE PARTIES
none of them has been legally elected. The protestee may be While the respondent
ousted and either the may be unseated, the
9. Finality of decision: The decision becomes protestant or the petitioner will not be
final 5 days after its promulgation. No motion protestee’s lawful seated in his place.
for reconsideration shall be entertained. successor shall be seated
in the office vacated.
10. Filing of Appeal: The aggrieved party may appeal
the decision to the COMELEC, by filing a notice of GROUNDS FOR SUMMARY DISMISSAL OF ELECTION
appeal within 5 days from promulgation of the CONTESTS
decision.
1. COMELEC has no jurisdiction over the subect matter;
2. Protest is insufficient in form and content;
3. Petition is filed beyond the period prescribed in the
Rules;
4. Filing fee is not paid within the period for filing;
QUO WARRANTO 5. Failure to pay appeal fee in case of appeals;
(Sec. 253, Omnibus Election Code) [(Divinagracia v. COMELEC (2009)] or
Who may Any registered voter in the constituency
file
135
6. In case of protest where a cash deposit is required, the

cash deposit is not paid within 15 days from the filing of
the protest. (COMELEC Res. No. 8804, Rule 6, Sec. 9)
136
Green Notes 2019 Local Governments
The LGC declared that is shall be the policy of the State

that the territorial and political subdivisions of the State
shall enjoy genuine and meaningful local autonomy to
enable them to attain their fullest development as self-
reliant communities and make them more effective
partners in the attainment of national goals.
Toward this end, the State shall provide for a more

responsive and accountable local government structure
instituted through a system of decentralization whereby
local government units shall be given more powers,
authority, responsibilities, and resources. The process of
decentralization shall proceed from the national
government to the local government units.
Local Autonomy Regional Autonomy
Break up monopoly Cede some powers of the

of the National National Government to the
Government over Autonomous Government to
affairs of local effectuate a veritable
government autonomy (Disomangcop v.
Datumanong)
Permit certain groups with

common tradition and shared
social-cultural character
powers of the National
Government.
AUTONOMY IS RELATIVE
“Municipal governments are only agents of the national
government. Local councils exercise only delegated
legislative powers conferred on them by Congress as the
national law making body. The delegate cannot be superior
to the principal or exercise powers higher than those of
the latter. It is a heresy to suggest that local government
units can undo the acts of Congress, from which they have
derived their power in the first place, and negate by mere
ordinance the mandate of the stature.” (Magtajas vs Pryce
Propertes Corporation 232 SCCRA 255 (1994))
“When indeed the Constitution has expanded the

autonomy of local governments, they have not been
thereby made imperium in imperio. Congress may still
impose limits on their powers. Thus they may not violate
the statutory limits on their powers.” (Tan vs Pereña, GR
No. 149743, February 18, 2005)
The central government delegates administrative powers

to political subdivisions in order to broaden the base of
government power and in the process make local
governments “more responsive and accountable”. It
relieves the central government of the burden of managing
137
local affairs and enables it to concentrate on national development of the national wealth within their
concerns. respective areas;
(5) Provinces/cities shall ensure that the acts of their
component units are within the scope of their
prescribed powers and functions;
(6) LGUs may group themselves, consolidate or
coordinate their efforts, services, and resources
Involves abdication of political power in favor of LGU’s commonly beneficial to them;
declared autonomous. (Limbona vs. Mangelin, 170 SCRA (7) The capabilities of local government units, especially
786) the municipalities and barangays, shall be enhanced
by providing them with opportunities to participate
Decentralization means devolution of national actively in the implementation of national programs
administration, but not power, to the local levels. There’s and projects;
decentralization of power (III, A) and decentralization of (8) A continuing mechanism to enhance local autonomy
administration. (Ganzon vs CA, GR No. 93252, August 5, by legislative acts, administrative and organizational
2011) reforms;
(9) LGUs shall share with the national government the
responsibility in the management/ maintenance of
FORMS OF DECENTRALIZATION
ecological balance within their territorial jurisdiction;
It is the transfer of power and
(10) Effective mechanisms for ensuring the accountability
authority from the national
of LGUs to their constituents shall be strengthened to
government to LGUs as the
upgrade the quality of local leadership;
territorial and political
Devolution (11) Facilitated by improved coordination of national
subdivisions of the State. The
government policies and programs as an extension of
nature of power transfer is
adequate technical and material assistance to less
political and the approach is
developed local government units;
territorial or areal.
(12) Private sector participation (delivery of basic
It is the transfer of power,
services) in local governance shall be encouraged to
authority or responsibility, or
ensure local autonomy as an alternative for
the discretion to plan, decide
sustainable development; and
and manage from central
(13) National government shall ensure that
point or local levels, but within
Deconcentration decentralization contributes to the continuing
the central or national
improvement of LGUs and the quality of community
government itself. The nature
life.
of the transfer is
(Section 3, Local Government Code)
administrative and the
approach is sectoral.
POWER OF GENERAL SUPERVISION
It is the transfer of some
The President shall exercise general supervision over the
public functions and
local government units to see to it that acts of local officials
responsibilities, which the
are within their prescribed powers and functions.
government may perform, to
Debureaucratization private entities or non-
The President shall DIRECTLY SUPERVISE:
governmental organizations; it
 Provinces  Component Cities and
is people’s empowerment or
Municipalities  Barangay (Secs 29&32, GC)
participation in local
governance.  Provincial/City Supervision:
(1) Review of Executive Orders (Sec. 30, GC –
submit 3 days from issuance and 30 days to
OPERATIVE PRINCIPLES OF DECENTRALIZATION
decide on. Otherwise EO is deemed valid.)
(1) Effective allocation of powers, responsibilities and
(2) Submission of legal questions to higher
resources among different local government units;
LGU’s legal official (Sec. 31, LGC)
(2) An accountable, efficient, and dynamic organizational
 Highly Urbanized Cities
structure and operating mechanism that will meet the
priority needs and service requirements of each  Independent Component Cities
community;  Autonomous Regions (CAR and ARMM)
(3) Local officials and employees paid wholly or mainly  (Sec. 16, Art X, 1987 Constitution)
from local funds shall be appointed or removed,
according to merit and fitness, by the appointing LGUs can consolidate and coordinate among themselves
authority; (Sec. 33, LGC)
(4) The vesting of duty, responsibility, and accountability
in local government units shall be accompanied with LGUs may request for financial or technical assistance
provision for reasonably adequate resources to from the President. The latter shall direct the appropriate
discharge their powers and effectively carry out their agency with no extra cost burdened on the LGU.
functions: hence, they shall have the power to create
and broaden their own sources of revenue and the National Agencies shall coordinate and consult (Secs. 2(c)
right to a just share in national taxes and an equitable and 27, LGC) with LGUs through their branches to ensure
share in the proceeds of the utilization and their participation in project implementation. This is
138
important as national agencies also have the duty to (3) Freed from central government interference
maintain ecological balance. (Sec 26, LGC) (Bernas, pp 1117-1118)
People’s organizations and NGOs also has a role in

promoting autonomy and so LGUs are encouraged to
ensure the establishment, create linkages and provide
assistance to such NGOs. (Secs. 34-36, LGC)
(1) Public Works
Congress has the power to control:  Distributed responsibility on Roads
creation/division/merger, qualifications of officials, share (2) Health
in the national taxes  Maintenance of health and day-care centers
 Delivery of health care services
President and its agencies have the power to supervise:  Establishment and operation of hospitals
suspension of officials, oversight, investigation (3) Agriculture
 Conservation projects
CONTROL AND SUPERVISION, DISTINGUISHED  Agricultural support services
 Jurisdiction over cooperatives
Control Supervision
(4) Social Welfare
(5) Certain Tourism functions
Power of an officer to alter or Power of mere (6) Construction of School Buildings and Facilities
modify or nullify or set aside oversight over an (7) Local Taxation
what a subordinate officer inferior body.
 Increase in tax share
ha[s] done in the
 Increase in taxing power
performance of his duties and
 Common revenue powers among province,
to substitute the judgment of
municipality, city, and barangay (e.g. Toll fees)
the former for that of the
(8) Distribution of Shares from Natural Resources
latter.
(Rodriguez, pp 31-36)
Officers in control lay down Supervising officials
the rules in the performance merely see to it that
or accomplishment of an act. the rules are
If these rules are not followed, but they
followed, they may, in their themselves do not lay Consist of provinces, cities, and municipalities and
discretion, order the act down such rules, nor geographical areas sharing common and distinctive
undone or redone by their do they have the historical and cultural heritage, economic and social
subordinates or even decide discretion to modify structures, and other relevant characteristics within
to do it themselves. or replace them. the framework of the Constitution;
The President exercises general supervision over such

Investigating is consistent with overseeing, although it is region;
a lesser power than “altering”. Previous jurisprudence did
not categorically ban the Chief Executive from exercising All powers and responsibilities not granted to it by law
acts of disciplinary authority not because she did not or the Constitution shall be vested in the National
exercise control powers, but because no law allowed her Government;
to exercise disciplinary authority. (Ganzon vs CA, supra)
Created via organic act for each autonomous region,
Secretary of Justice to review only the constitutionality or with participation of the regional consultative
legality of the tax ordinance and, if warranted, to revoke it commission. The organic act:
on either or both of these grounds. When he alters or (1) Defines the basic structure of government for the
modifies or sets aside a tax ordinance, he is not also region consisting of the executive department and
permitted to substitute his own judgment for the judgment legislative assemblies, both of which shall be
of the local government that enacted the measure. (Drilon elective and representative of the constituent
vs Lim, GR No. 112497, August 4, 1994) political units; and,
(2) Provides for special courts with personal, family,
An administrative order does not apply to LGUs but only and property law jurisdiction. [Sec. 15-18, Art. X,
to government offices/agencies and GOCCs which are Constitution]
under the control of the President. (Province of Negros
Occidental vs COA, GR No. 182574, September 28, 2010)
FEATURES OF LOCAL GOVERNMENT UNITS

(1) Sensitive to the needs of the locality
 Through initiative and referendum
(2) Accountable to the electorate of the locality
 Through recall
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 Regulation of Non-Useful Occupation

 Exception: For Revenue purposes
A license tax for regulation is not a tax on property but

rather a burden imposed for the right to exercise a
(GENERAL WELFARE CLAUSE) franchise or privilege of which the holder may not be
deprived without due process and when public interest so
The power inherent in the State to regulate liberty and require.
property for the promotion of the general welfare.
While it is true that the matter of determining whether
Police power is the plenary power vested in the legislature there is a pollution in the environment that requires
to make, ordain, and establish wholesome and reasonable control if not prohibition of the operation of a business, is
laws, statutes and ordinances, not repugnant to the essentially addressed to the Environmental Management
Constitution, for the good and welfare of the people. Bureau of DENR, it must be recognized that the mayor of a
town has as much responsibility to protect its inhabitants
Power to prescribe regulations flows from the recognition from pollution and by virtue of his police power, he may
that the welfare of the people is the supreme law. deny the application of permit to operate business (the
mayor here has factual basis). (Technology Developers, Inc.
vs CA, GR No. 94759, January 21, 1991)
PURPOSE OF POLICE POWER
(1) To promote the general welfare, comfort and
But if the basis for issuance of permit to operate business
convenience of the people;
is a special law, the latter shall govern over the Local
(2) To promote and preserve public health
Government Code. A general law cannot repeal a special
(3) To protect public morals
law. (Laguna Lake Development Authority vs CA, GR No.
120865-71, December 7, 1995.)
General Rule: The general welfare provisions shall be
liberally interpreted to give more powers to LGU in
POWER TO ISSUE PERMITS FOR RALLIES
accelerating economic development and upgrading the
quality of life for the people in the community (BP 880, THE PUBLIC ASSEMBLY ACT OF 1985)
“No permit, no rally” rule is constitutional. While the
freedom of speech and assembly were recognized by the
LIMITATION IN EXERCISE OF POLICE POWER
court, such rights are not absolute. It is regulated by police
An ordinance enacted by virtue of the general welfare
power in promoting health, morals, peace, education, good
clause is valid
order or safety, and general welfare of the people. (Bayan
Exception:
vs Ermita, GR No. 169838, April 25, 2006)
(a) If it contravenes the fundamental law of the
Philippine Islands,
ABATEMENT OF NUISANCE
(b) An Act of the Philippine Legislature,
A Public Nuisance may be abated by a:
(c) Against public policy,
(1) Prosecution (Penal Code or other laws)
(d) Is unreasonable, oppressive, partial,
(2) Civil Action
discriminating, or in derogation of common right
(3) Extrajudicial Abatement
(Batangas CATV v CA, G.R. no. 138810).
Private Nuisance would only allow 2 and 3. But in case it’s
Based on the hierarchy of constitutionally protected
a private nuisance, the following rules will still apply.
rights, the right to life enjoys precedence over the right to
property. The reason is obvious: life is irreplaceable,
property is not. When the state or LGU’s exercise of police Persons Responsible for Nuisances
power clashes with a few individuals’ right to property, the District health officer – to ensure that one or all the
former should prevail. (Social Justice Society v Atienza, remedies for public nuisance are availed of. He shall also
G.R. no. 187836). determine whether an extrajudicial abatement is the best
remedy.
TEST FOR VALID EXERCISE OF POLICE POWER
Local Police – assist in executing the abatement
The interests of the public, not a mere
Lawful
particular class, require the exercise of
Subject Who can commence an action
police power
City/Municipal Mayor – he shall commence the action if
The means employed is reasonably
the civil action is for the maintenance of a public nuisance
Lawful necessary for the accomplishment of the
Means purpose and not unduly oppressive to
The Mayor cannot claim authority to summarily abate
individuals
nuisance under the General Welfare Clause of LGC. This
only applies to nuisance per se or one which affects the
POWER TO ISSUE LICENSE & PERMITS immediate safety of persons and property and may be
Issuance of license is regulatory rather than an exercise of summarily abated under the undefined law of necessity.
taxation. (Estate of Gregorio Francisco vs CA, GR No. 95279, July 25,
1991)
Kinds of Licenses:
 Regulation of Useful Occupation Private person – if the public nuisance is specially injurious
to himself, he may abate by:
140
(1) Availing the remedies cited above local Chief Executive to exercise the power of
(2) Removing or destroying the thing without eminent domain;
committing breach of peace or doing (2) The power is exercised for public use, purpose or
unnecessary injury. BUT: welfare, or for the benefit of the poor and the
 There’s a demand to the owner/possessor landless;
(of the nuisance) (3) There is payment of just compensation based on
 Rejected demand the fair market value of the property at the time
 Health officer and police executed their of taking; and,
duties (see above) (4) A valid and definite offer was previously made to
 Value of destruction is less than 3,000 PhP. the owner of the property, but the offer was not
accepted
Nuisance per se is a nuisance under any and all (Municipality of Paranaque v V.M Realty Corporation,
circumstances while nuisance per accidens becomes such G.R. no. 127820)
under certain conditions and circumstances. (Aquino, T.,
Torts and Damages, 2005, p. 746 citing Salao vs Santos.) A LGU may exercise the power to expropriate private
property only when authorized by Congress and subject to
the latter’s control and restraints, imposed through the
law conferring the power or in other legislations.
The power to expropriate private property has been
Just compensation is to be determined at the time of actual
delegated by Congress to LGUs under Section 19, LGC.
taking.
The exercise by LGUs of the power of eminent domain are
subject to the usual constitutional limitations such as
LGC should prevail over Rules of Court. Thus, General Rule
necessity, private property, taking, public use, just
is DATE OF FILING OF COMPLAINT; Exception is DATE OF
compensation and due process of law.
ACTUAL TAKING.
Eminent Domain is the inherent right of the State to
condemn or to take private property for public use upon
payment of just compensation while police power is the
power of the state to promote public welfare by restraining General Rule, Exception, and Exception to the Exception
and regulating the use of liberty and property without on the Rules of Interpretation
compensation. In case of doubt, any tax ordinance or revenue measure
shall be construed strictly against the LGU enacting it, and
The determination of whether there is genuine necessity liberally in favor of the taxpayer.
for the exercise of the power of eminent domain is a
justiciable question when exercised by the LGUs and Any tax exemption, incentive or relief granted by any LGU
generally a political question when exercised by Congress. shall be construed strictly against the person claiming it.
Exception (to being in favor to LGU): STRICTLY AGAINST
REQUIREMENTS OF EMINENT DOMAIN LGU; liberally in favor of Taxpayer
(1) Taking of property Exception to the exception: STRICTLY AGAINST THE TAX
(2) For public use/purpose PAYER – if he’s claiming exemption
(3) With just compensation
Each local government unit shall have the power to create
Can the LGU enter the property? YES. its own sources of revenues and to levy taxes, fees and
(1) Upon filing of expropriation proceedings; and charges subject to such guidelines and limitations as the
(2) Upon making a deposit. Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges shall accrue
The principle of res judicata does not apply in eminent exclusively to the local governments. (Sec. 5, Art. X, 1987
domain cases. (Moday v. CA) Constitution
WHEN PRIVATE PROPERTY IS TAKEN The basic rationale for the current rule is to safeguard the
(1) Expropriator must enter into private property viability and self-sufficiency of local government units by
(2) For more than a momentary period directly granting them general and broad tax powers.
(3) Entry into property should be under warrant of
color or legal authority The Constitutional objective obviously is to ensure that,
(4) Property must be devoted to a public use or while local government units are being strengthened and
informally appropriated or injuriously affected made more autonomous, the legislature must still see to it
(5) Utilization of the property for public use must be that:
in such a way as to oust the owner and deprive (1) the taxpayer will not be over-burdened or
him of all beneficial enjoyment of the property saddled with multiple and unreasonable
(Heirs of Mateo Pidacan and Romana Eigo v. Air impositions;
Transportation Office, G.R. No. 162779, 15 June 2007) (2) each local government unit will have its fair
share of available resources;
EMINENT DOMAIN REQUISITE BY AN LGU: (3) the resources of the national government will
(1) An ordinance [not a mere resolution]is enacted not be unduly disturbed; and
by the local legislative council authorizing the (4) local taxation will be fair, uniform, and just.
141
FUNDAMENTAL PRINCIPLES (d) All real property owned by duly registered

(Section 130, Local Government Code) cooperatives as provided for under R.A. No. 6938;
(1) Uniformity within the territorial jurisdiction and
(2) Equitable – as far as practicable on the ability to (e) Machinery and equipment used for pollution
pay; for public purposes; not unjust, excessive, control and environmental protection [Sec. 234,
oprressive or confiscatory; not contrary to law, LGC]
public policy, national economic policy, or in
restraint of trade OTHER LIMITATIONS ON TAXING POWERS OF LGUS
(3) Shall not be left to any private person (1) Taxes already imposed by National Government:
(4) Solely for the benefit of the LGU Generally, LGUs cannot impose taxes that are
(5) Progressive already imposed by the National Government
(e.g. income tax, documentary stamps, estate
SOURCES OF REVENUES taxes, customs duties, excise taxes under the
(1) Under the Constitution NIRC, VAT) [See generally, Sec. 133, LGC]
 taxes, fees and charges (Section 5, Art. X) (2) Persons exempted: LGUs cannot impose taxes,
 share in the national taxes- Internal fees, and charges on (a) countryside and
Revenue Allotment barangay business enterprises; (b) cooperatives
National Taxes is not limited to those duly registered under the Cooperative Code; and
collected from income taxes but includes all National Government, its agencies and
kinds of taxes (Mandanas v. Ochoa, G.R. instrumentalities, and local government units.
No.199802, July 03, 2018) [Sec. 133(n)-(o), LGC]
 share in the proceeds of the utilization and o An instrumentality of the State or National
development of the national wealth within Government is exempt from local taxation.
their areas (Section 7, Art. X) [Sec. 133(o), LGC] Hence, the Manila
(2) Under the Local Government Code International Airport Authority, being such
(3) floating of bonds an instrumentality and not being an GOCC,
(4) grants/aids is exempt from local taxation. (MIAA v. CA,
G.R. No. 155650, July 20, 2006)
SHARE OF LGUS IN NATIONAL TAXES: o However, GOCCs are [generally] not
 40% on the Internal Revenue exempt from local taxation. (MIAA v. CA,
 Provinces and Cities – 23% G.R. No. 15560, July 20, 2006)
 Municipalities – 34%
 Barangays – 20% Local Governments being mere agents of the State, have
 20% of each allocation should be for no power to tax instrumentalities of the National
development projects Governments. PAGCOR being an instrumentality of the
State is therefore exempt from local taxation. This is in
consonance to the doctrine of State supremacy over local
governments.
REAL PROPERTY TAXATION
Annual ad valorem tax on real property may be levied by a:
RA 7160 removed the tax exemptions of some corporations
(1) Province; or
thus placing them under the taxing authority of local
(2) City; or
governments. Since, however, the power of local
(3) Municipality within Metropolitan Manila Area
governments to tax is subject to limitations imposed by
[Sec. 232, LGC]
Congress, exemptions granted by Congress after RA7160
bind local governments.
Exemptions from Real Property Tax
The following are exempted from payment of the real
property tax:
RECLASSIFICATION OF LANDS
(a) Real property owned by the Republic of the
Land ceases to be economically feasible and sound for
Philippines or any of its political subdivisions
agricultural purposes as determined by the Department of
EXCEPT when the beneficial use thereof has
Agriculture; and
been granted, for consideration or otherwise, to
a taxable person;
Land shall have substantially greater economic value for
(b) Charitable institutions, churches, parsonages or
residential, commercial, or industrial purposes, as
convents appurtenant thereto, mosques,
determined by the Sanggunian concerned. [Sec. 20, LGC]
nonprofit or religious cemeteries and all lands,
buildings, and improvements actually, directly,
and exclusively used for religious, charitable or Requisites for Reclassification
educational purposes; (1) Via ordinance;
(c) All machineries and equipment that are actually, (2) After public hearings for the purpose;
directly and exclusively used by local water (3) Limited to the following percentages:
districts and government-owned or –controlled (a) 15% for highly urbanized and independent
corporations engaged in the supply and component cities
distribution of water and/or generation and (b) 10% for component cities and 1st to 3rd class
transmission of electric power; municipalities
(c) 5% for 4th to 6th class municipalities
142
Exception: The President may, when public

Permanent Temporary
interest requires and upon recommendation by
the NEDA, authorize reclassification in excess of
the limits set herein (1) The ordinance must (1) Valid ordinance
be approved by 2/3 (2) Due to the following
(4) Approval by national agency: Where approval by a
national agency is required for reclassification, such of Sanggunian circumstances:
approval shall not be unreasonably withheld. Failure (2) Provisions for public  Actual
to act on a proper and complete application for safety emergency
reclassification within 3 months from receipt shall be (3) A substitute for  Fiesta
deemed an approval thereof. [Sec. 20(d), LGC] public facility shall celebrations
be provided when  Public rallies
Nothing in Section 20 LGC shall be construed as repealing, necessary  Agricultural or
amending, or modifying in any manner the provisions of (4) May be used or industrial fairs
R.A. No. 6657. conveyed for any  Undertaking of
purpose (like how public works and
Distinguished from Conversion: The power granted to LGUs legally dispose highways,
local governments is not the power to convert land, but their property) telecommunicati
the power to reclassify land. (5) Qualify: FREEDOM ons, and
PARK – there must waterworks
be a provision on its projects
the act of changing the current use
relocation (3) Duration shall be
of a piece of agricultural land into
Reclassification specified by the local
some other use as approved by the
Department of Agrarian Reform chief executive in a
the act of specifying how written order
agricultural lands shall be utilized (4) ATHLETIC,
for non-agricultural uses such as CULTURAL, CIVIC
Conversion residential, industrial, commercial, ACTIVITIES – must
as embodied in the land use plan, be officially
subject to the requirements and sponsored/recognize
procedure for land use conversion. d/approved by the
LGU
The reclassification of agricultural land does not
automatically allow a landowner to change its use. The
landowner has to undergo the process of conversion
before she is permitted to use the agricultural land for Opening:
other purposes. [Chamber of Real Estate and Builders Provincial roads and city streets are property for public
Association, Inc. v. Secretary of Agrarian Reform, G.R. No. use under Art. 424 of the Civil Code, hence under the
183409 (2010)] absolute control of Congress. They are outside the
commerce of man and cannot be disposed of to private
persons.
CLOSURE AND OPENING OF ROADS
Types of roads: The properties of provinces, cities, and municipalities are
(1) local road divided into property for public use and patrimonial
(2) alley property. Those properties for public use and made
(3) park available to the public in general are outside the commerce
(4) square of man and cannot be disposed of or leased by the local
(must be within jurisdiction and through and ordinance) government unit to private persons.
A municipality has the unassailable authority to:

 prepare and adopt a land use map
 promulgate a zoning ordinance which may PRODUCTS OF LEGISLATIVE ACTION
consider, among other things, the municipal (1) Ordinance - prescribes a rule of conduct.
roads to be constructed, maintained, improved (2) Resolution - of temporary character, or expresses
or repaired sentiment.
 close any municipal road
The power to enact ordinances carries with it the power
A road may be: to change or repeal them
(1) permanently closed Provided: vested rights are not thereby impaired and
(2) temporarily closed repeals are valid only when passed in a certain manner
(3) opened which should be definite and should relate specifically to
the ordinance which should be repealed.
Requisites:
Congress has an implied power to repeal any municipal
Closure ordinance either in express terms or by necessary
implication for the rule is that, if the subsequent statute is
necessarily repugnant to an ordinance and the intention to
143
repeal it is obvious, then the ordinance is thereby impliedly appropriated money to pay for the terminal leave of 2
repealed. employees when actually no such resolution was passed,
the petitioner argued that his signature on the resolution
Jurisdiction on cases involving validity of a municipal was merely ministerial. The Supreme Court disagreed,
ordinance: saying that the grant of the veto power accords the Mayor
 Provincial board – has the authority to the discretion whether or not to approve the resolution.
disapprove an ordinance within its jurisdiction (De Los Reyes vs Sandiganbayan, G.R. No. 121215, November
on one ground: ordinance is not within the 13, 1997)
powers granted by the charter.
 Court of First Instance – Civil Action case to Review
question the validity (1) The sangguniang panlalawigan shall review
 Supreme Court – appellate jurisdiction ordinances and resolution of cities and municipalities
to determine if they are within their power. (Section
REQUISITES FOR VALID ORDINANCE 56, Local Government Code)
(1) Must not contravene the Constitution and any statute
(2) Must not be unfair or oppressive How: Within 3 days after approval, the secretary of
(3) Must not be partial or discriminatory the sangguniang panlungsod (in component cities) or
(4) Must not prohibit but may regulate trade sangguniang bayan shall forward to the sangguniang
(5) Must be general and consistent with public policy panlalawigan for review copies of approved
(6) Must not be unreasonable ordinances and resolutions approving the local
(City of Manila v. Laguio, Jr, G.R. No. 118127, April 12, development plans and public investment programs
2005) formulated by the local development councils. The
sangguniang panlalawigan shall review the same
Rationale that ordinances should not contravene a within 30 days; if it finds that the ordinance or
statute: resolution is beyond the power conferred upon the
Governments are only agents of the national government. sangguniang panlungsod or sangguniang bayan
Local councils exercise only delegated legislative powers concerned, it shall declare such ordinance or
conferred on them by Congress as the national lawmaking resolution invalid in whole or in part. If no action is
body. The delegate cannot be superior to the principal or taken within 30 days, the ordinance or resolution is
exercise powers higher than those of the latter. It is a presumed consistent with law, and therefore, valid.
heresy to suggest that the local government units can
undo the acts of Congress, from which they have derived (2) The sangguniang panlungsod or bayan shall review
their power in the first place, and negate by mere sangguniang barangay ordinances to determine if
ordinance the mandate of the statute. (Magtajas vs Pryce they are lawful. (Section 57, Local Government Code)
Properties Corp., Inc., 234 SCRA 255, July 20, 1994)
How: Within 10 days from enactment, the
Local Ordinances cannot overcome Presidential Decree sangguniang barangay shall furnish copies of all
prohibiting the confiscation of license plate and driver’s barangay ordinances to the sangguniang panlungsod
license. (Solicitor General vs Metropolitan Manila or sangguniang bayan for review. If the reviewing
Authority, GR No. 102782, December 11, 1991) sanggunian finds the barangay ordinances
inconsistent with law or city or municipal ordinances,
the sangguniang concerned shall, within 30 days from
Approval-Veto receipt thereof, return the same with its comments
Local chief executive affixes his signature on each page. and recommendations to the sangguniang barangay
If the local chief executive vetoes, it may be overridden by for adjustment, amendment or modification, in which
2/3 vote of all Sanggunian members; case the effetivity of the ordinance is suspended until
the revision called for is effected. If no action is taken
by the sangguniang panlungsod or sangguniang bayan
Grounds for veto within 30 days, the ordinance is deemed approved.
(1) Ordinance is ultra vires or prejudicial to public welfare
(2) Veto on particular item/s of appropriation for Rules to be observed in VOTING:
ordinance, adoption of local development plan and When Two-Thirds (2/3) Vote Required
public investment plan, or ordinance directing (DILG Opinion No. 107-2003, dated 15 August 2003)
payment of money or creating liability  Extending loans or entering into contracts;
(3) Veto only once  Issuance of bonds or securities;
(4) Veto communicated to Sanggunian 15 days (province)  Authorizing the lease of public property;
and 10 days (city/municipality); otherwise the  Grant of franchises;
ordinance shall be deemed approved  Creation of LGU liability or indebtedness
 Over-ride the veto of the Mayor;
Exception: BARANGAY CHAIRMAN – no veto power;  Grant of tax exemptions;
he shall sign upon the approval of the majority of  Levy of taxes;
Sangguniang Barangay (Section 54-55, Local  Discipline / suspend a member of the
Government Code) sanggunian;
 Opening or closing of roads;
Where petitioner was charged with falsification of a public
document for approving a resolution which purportedly
144
 Selection and transfer of government site or

offices; and Exception: May expressly adopt the work already
 Concurrence in the appointment of personnel performed in good faith by such private lawyer, which
work is beneficial to it
To change the name of public structure will historical,
cultural and ethnic significance, a UNANIMOUS vote is Exception to the exception:
required. (1) No injustice is made to the adverse party
(2) No compensation in any guise is paid to the
LOCAL INITIATIVE AND REFERENDUM private lawyer (Ramos vs CA, G.R. No. 99425,
Local Initiative March 3, 1997)
It is the legal process whereby the registered voters of a
local government unit may directly propse, enact or TO ACQUIRE AND SELL PROPERTY
amend any ordinance. It may be exercised by all registered (1) The local government unit may acquire real or
voters of the provinces, cities, municipalities and personal, tangible or intangible property, in any
barangays. manner allowed by law, e.g., sale, donation, etc.
(a) Can be exercised only once a year (2) The local government unit may alienate only
(b) Shall extend only to matters within the powers patrimonial property, upon proper authority.
of the Sanggunian (3) In the absence of proof that the property was
(c) If at any time before the initiative is held, the acquired through corporate or private funds, the
Sanggunian concerned adopts in toto the presumption is that it came from the State upon
proposition presented and the local chief the creation of the municipality and, thus, is
executive approves the same, the initiative shall governmental or public property. (Salas vs
be cancelled. However those against such action Jarencio, 48 SCRA 734, August 30, 1972))
may apply for initiative in the manner provided (4) Town plazas are properties of public dominion;
by law they may be occupied temporarily, but only for
the duration of an emergency. (Espiritu vs
Local Referendum Municipal Council of Pozorrubio, Pangasinan,
The legal process whereby the registered voters of the 102 Phil 866, January 21, 1958)
local government units may approve, amend or reject any (5) A public plaza is beyond the commerce of man,
ordinance. and cannot be the subject of lease or other
contractual undertaking. And, even assuming
COMELEC shall hold and direct: the existence of a valid lease of the public plaza
(a) Provinces – 60 days or part thereof, the municipal resolution
(b) Municipalities – 45 days effectively terminated the agreement, for it is
(c) Barangays – 30 days settled that the police power cannot be
surrendered or bargained away through the
medium of a contract. (Villanueva vs Castaneda,
LGUs are vested with the following Corporate Powers 154 SCRA 142, February 27, 1969)
(1) To have continuous succession in its corporate
name TO ENTER INTO CONTRACTS
(2) To acquire, hold and convey real or personal Rules of Interpretation:
property Rights and obligations already existing and arising out of
(3) To borrow money contracts or any other source of presentation involving a
(4) To issue municipal bonds local government unit shall be governed by the original
(5) To have and use a corporate seal terms and conditions of said contracts or the law in force
(6) LGUs may continue using, modify, or change at the time such rights were vested (Section 5, Local
their existing corporate seals. Government Code)
(7) Newly established LGU/those without corporate
seals: General Rule: Contracts entered into by the LGU shall be
 may create their own corporate seals which governed by the stipulations of the contract or the law in
shall be registered with the DILG force at the time rights and obligations arose
 Any change of corporate seal shall also be
registered. Requisites
(8) To enter into contracts (1) The LGU has the express, implied or inherent
(9) Appropriate and spend money only for public power to enter into the particular contract.
purposes (2) The contract is entered into by the proper
(10) To sue and be sued department, board, committee, officer or agent.
Unless otherwise provided by the Code, no
TO SUE AND BE SUED contract may be entered into by the local chief
Rule on Private Lawyers Representing Municipalities executive on behalf of the local government unit
Private lawyers may not represent municipalities on their without prior authorization by the sanggunian
own, and neither may they do so even in collaboration with concerned.
authorized government lawyers. Only the provincial fiscal, (3) The contract must comply with certain
provincial attorney, and municipal attorney should substantive requirements.
represent a municipality in lawsuits.
145
(4) The contract must comply with the formal

requirements of written contracts, e.g., the Holding of town fiesta is a proprietary function. The
Statute of Frauds. Municipality of Malasique, Pangasinan, was held liable for
(5) Those entered into by the local chief executive the death of a member of the zarzuela group when the
shall require a prior authorization from stage collapsed, the councilors themselves are not liable
Sanggunian for the negligence of their employees or agents. A
municipal corporation exercising propriety functions is on
the same footing as a private corporation. Its governing
board or municipal council is not liable solidarily for acts
When a contract is entered into without compliance with committed by its employees unless there is bad faith or
the substantive requirements and has no inherent power, wanton negligence on their part. (Torio vs. Fontanilla, 85
the same is ULTRA VIRES and is null and void. Such SCRA 599)
contract cannot be ratified or validated. Ratification of
defective municipal contracts is possible only when there Personal Liability of local officials
is non-compliance with the second and/or fourth
requirements above. Ratification may be express or Liability for Violation of Law
implied. The Municipality of Bunawan, Agusan del Sur, through the
Mayor, was held in contempt and fined P1,000.00 with a
Local Chief Executive may negotiate and secure financial warning, because of the refusal of the Mayor to abide by a
grants or donation in kind: Temporary Restraining Order issued by the Court. (Moday
(1) Upon authority of the Sanggunian vs. CA, 243 SCRA 152)
(2) In support of the basic services and facilities
enumerated under Section 17 (Basic Services and
Facilities) LIABILITY FOR CONTRACTS
(3) From local and foreign assistance agencies Ultra Vires
without necessity of securing clearance or General Rule: A municipal corporation, like an ordinary
approval from any department, agency, or office person, is liable on a contract it enters into, provided that
of the national government or from any higher the contract is intra vires. If the contract is ultra vires, the
local government unit municipal corporation is not liable.
 Projects financed by such grants with
national security implications shall be A private individual who deals with a municipal
approved by the national agency corporation is imputed constructive knowledge of the
concerned. extent of the power or authority of the municipal
 When such national agency fails to act corporation to enter into contracts.
within 30 days from receipt, it shall be
deemed approved Ordinarily, the doctrine of estoppel does not lie against
municipal corporation.
The local chief executive shall, within 30 days, upon
signing of such grant agreement or deed of donation, Doctrine of Implied Municipal Liability
report the nature, amount, and terms of such assistance to The doctrine applies to all cases where money or property
both Houses of Congress and the President. of a party is received under such circumstances that the
general law, independent of an express contract, implies
an obligation to do justice with respect to the same.
A municipality may become obligated upon an implied

contract to pay the reasonable value of the benefits
LIABILITY FOR TORT
accepted or appropriated by it as to which it has the
Public or Government Functions. The local government
general power to contract. (Province of Cebu vs. IAC, 147
unit engaged in governmental functions, it is NOT liable for
SCRA 447)
the acts of its officers or agents in the performance of its
governmental functions. This is based on the sovereign
character of the state and its agencies. (Rodriguez, R.B.,
The Local Government Code of 1991: Annotated, p105)
PROCEDURE
CORPORATE, PRIVATE OR PROPRIETY FUNCTIONS (1) Disputes on boundary settlements shall be
If engaged in proprietary functions, local government unit brought to the respective Sanggunian:
is liable. The LGU is to be regarded as a private corporation
or individual as to its liability to third persons on contract
or in tort. Disputing Units Sanggunian
Test to determine if Public or Private function Baranggays in the same Sangguninang Panlungsod
The true test is where the public corporation is performing city or municipality or Sangguninang Bayan
governmental functions as an agency of the state, it shares
the state’s exemption from tort liability; where it is Municipalities in the Sangguninang Panlalawigan
attending to what primarily are local matters, it is liable. same province
(Mendoza vs. de Leon, 33 Phil 508)
146
(Secs 39&40, LGC)

Municipalities or JOINTLY referred in the (Sec. 10, Sangguniang Kabataan Reform Act of 2015)
component cities of Sanggunian of the
different provinces provinces involved The use of foreign passport after renouncing one’s foreign
citizenship is a positive and voluntary act of representation
Component city or JOINTLY referred for as to one’s nationality and citizenship; it does not divest
municipality AND settlement to the Filipino citizenship regained by repatriation but it recants
Highly urbanized cities Sanggunian of the parties, the Oath of Renunciation required to qualify one to run for
respectively an elective position. (Maquiling vs. COMELEC, G.R. No.
195649. April 16, 2013)
(2) If the Sanggunian is unable to bring amicable
settlement within 60 days, it must issue a
certification stating so. The 60 days begin from
the date of referral of the dispute.
(3) The Sanggunian will then try the dispute and
decide within 60 days from the date of issuing a
certification. ELECTED AT LARGE BY QUALIFIED VOTERS
(4) Any of the parties may appeal the decision of the (1) Governor
Sanggunian to the RTC with jurisdiction on the (2) Vice Governor
area. (3) City Mayor
(5) The RTC will decide the appeal within 1 year from (4) City Vice Mayor
the filing. (5) Municipal Mayor
(6) The disputed area will be maintained and (6) Municipal Vice Mayor
continued as it is while pending the case (7) Punong Barangay
resolution. (8) Sangguniang Barangay
ELECTED BY DISTRICT
(1) Sangguniang Panlalawigan
QUALIFICATIONS & DISQUALIFICATIONS OF ELECTIVE (2) Sangguniang Panlungsod
LOCAL OFFICIAL (3) Sangguniang Bayan
Qualifications Disqualifications
(1) Filipino Citizen (1) Sentenced by final ELECTED BY REGISTERED VOTERS OF KATIPUNAN NG
(2) Registered voter in judgment: KABATAAN
the respective LGU (2) offenses involving (Per chapter): Sangguniang Kabataan
or district moral turpitude
(Sanggunian (3) offense punishable
THE SANGGUNIAN MUST HAVE:
Member) by 1 year
(1) 1 sectoral representative from the women
(3) Resident for at least 1 imprisonment (or
(2) 1 sectoral representative from the workers
year more) within 2 year
(3) 1 sectoral representation from any: urban poor,
(4) able to read and after service of
indigenous cultural communities, disabled
write in sentence
persons, other sector -> (deemed by the
Filipino/local (4) removed from office
Sanggunian within 90 days prior the next local
dialect/language due to an
elections)
(5) Age Requirement: administrative case
(6) Governor, Vice (5) convicted by final
NEED NOT BE ELECTED
Governor of judgment; violation
 President of Leagues of Sanggunian Members of
Provinces; Mayor, of oath of allegiance
component cities – ex officio members of
Vice Mayor, (6) dual citizenship
Sangguniang Panlalawigan
Sangguniang (7) fugitives; criminal or
 President of Liga ng mga Barangay and
Panglungsod of non-political; here or
Pederasyon ng mga Sangguniang Kabataan – ex
HUC– 23 y/o abroad
officio members of Sangguniang Panlalawigan,
(7) Mayor, Vice Mayor of (8) permanent resident
Panlungsod and Bayan.
ICC, Component abroad/continues to
Cities and avail an acquired
ELECTION DATE
Municipalities – 21 right to reside
Second Monday of May, every 3 years
y/o abroad
(8) Sangguniang (9) insane/feeble-
Panglungsod, minded TERM OF OFFICE
Sangguiniang Bayan Local elected official after the effectivity of LGC
– 18 y/o  3 years from June 30, 1992 (12 noon).
(9) Punong Barangay,  Those elected within the ratification of 1987
Sangguniang Constitution and June 30 1992 shall end their
Pambarangay – 18 office on the latter date.
y/o
(10) Sangguniang Exception: Barangay Officials – 3 years. Starting on second
Kabataan – 18-24 y/o Monday of May 1994.
147
(2) Appear as a counsel in any criminal case wherein

No official shall serve for more than 3 consecutive terms an officer or employee of the government is
for the same position accused of an offense in relation to his office;
(3) Collect any fee in administrative proceedings
For the three-term limit for elective local government involving the LGU wherein he is an official;
officials to apply, two requisites must concur, to wit: (4) Use property and personnel of the government
 That the official concerned has been elected for except when defending the interest of the
three consecutive terms in the same local government.
government post, and (Sec. 90, LGC)
 That he has fully served three consecutive terms.
(Ong v. Alegre, G.R. No. 154829, January 23, 2006)
Voluntary Renunciation is not considered an interruption RULES ON SUCCESSION

of the running of 3 consecutive terms
PERMANENT VACANCIES
A permanent vacancy occurred in the office of the vice A permanent vacancy arises when an elective local official:
mayor due to the retirement of Vice Mayor Mendoza. (Sec. 44, LGC)
Potenciano, being the highest ranking councilor,  fills a higher vacant office,
succeeded him in accordance with law. It is clear that his  refuses to assume office,
assumption of office as a vice mayor can in no way be  fails to qualify,
considered as a voluntary renunciation of his office as a  dies
municipal councilor. (Montebon vs COMELEC, G.R. No.  is removed from office,
180444, April 8, 2008)  voluntarily resigns, or
 is permanently incapacitated to discharge the
Preventive suspension of an elected local official is not functions of his office
considered an interruption of the term. Preventive
suspension, by its nature, is a temporary incapacity to
render service during an unbroken term. It is not a valid OFFICES OF THE GOVERNOR, VICE GOVERNOR,
interruption. To constitute as valid, the interruption of the MAYOR, VICE MAYOR
service should occur after there has been a break in time. “Automatic Succession” takes place in case of such
The best indicator of the suspended official’s continuity in permanent vacancies in these offices
office is the absence of a permanent replacement and the
lack of authority to appoint one since no vacancy exists. Vice-
Furthermore, preventive suspension does not involve a Governor,
Vacant Governor; Punong
voluntary act on the part of the official. By its very nature, OR
Office or Vice- Baranggay
it is involuntary. (Aldovino vs COMELEC, G.R. No. 184836, Mayor
Mayor
December 23, 2009) Highest
Vice- Highest-
Ranking
LIMITATIONS Governor, ranking
Successor Sanggunian
Both Elective and Appointive OR Sanggunia
member,
Vice Mayor ng member
OR
PROHIBITED BUSINESS Highest
Business transactions with the LGU in which he is an Ranking
official or has supervisory power on. Sanggunian Second Second
member OR highest Highest if
It shall be unlawful for any local officials to: Next
Second ranking highest is
(1) Engage in business transaction with LGU; Successor
Highest if sanggunian permanentl
(2) Engage in cockpit or other licensed games; highest is g member y unable
(3) Purchase of real estate forfeited in favor of the permanentl
LGU; y unable
(4) Be surety for a person engaged in business with
the LGU; NOTE: Successors shall only serve the unexpired term
(5) Use/Possess public property of LGU
HIGHEST RANKING SANGGUNIAN
RULES ON PRACTICE OF PROFESSION OF LOCAL Determined on the basis of the proportion of the votes
GOVERNMENT OFFICIALS obtained to the number of registered votes in each district.
 In case of a tie, it is resolved by drawing of lots
General Rule: Local officials are prohibited from  Ranking in the sanggunian: Determined on the
practicing their profession or any other related business basis of the proportion of the votes obtained by
during their term. each winning candidate to the total number of
Exception: Sanggunian members, but not during session registered voters of each district. It does not
hours. Members of the Bar shall not: mention anything about factoring the number of
(1) Appear as a counsel in any civil case wherein the the voters who actually voted. In such case, the
LGU is the adverse party; Court has no recourse but to merely apply the
law. The courts may not speculate as to the
148
probable intent of the legislature apart from the also be respected. The disqualified candidate has already
words. (Pascual vs. Pascual-Bautista, 207 SCRA been proclaimed and has assumed office is of no moment.
561 (1992)) The subsequent disqualification based on a substantive
ground that existed prior to the filing of the certificate of
SANGGUNIAN candidacy voids not only the COC but also the
“Filled by Appointment” where automatic succession does proclamation. Arnado's disqualification, although made
not apply long after the elections, reaches back to the filing of the
certificate of candidacy. Arnado is declared to be not a
Successor appointed/ Appointee should be from the same candidate at all in the May 201 0 elections. Arnado being a
political party as the one causing the vacancy, EXCEPT for non-candidate, the votes cast in his favor should not have
the Sangguniang Barangay been counted. This leaves Maquiling as the qualified
candidate who obtained the highest number of votes.
There is only one rule governing appointments to the Therefore, the rule on succession under the Local
Sangguniang Barangay. Any vacancy caused by the Government Code will not apply.” (Maquiling vs.
cessation from office of a member must be made by the COMELEC, G.R. No. 195649. April 16, 2013)
mayor upon the recommendation of that Sanggunian. The
reason is that members of the Sangguniang Barangay are REPRESENTATION OF THE YOUTH AND BARANGAY
not allowed to have party affiliations. (Fariñas vs. Barba, SANGGUNIAN
256 SCRA 396 (1996)) Vacancy in the representation of the youth and the
barangay in the sanggunian shall be filled by the official
Panlalawigan Panlungso next in rank of the organization.
Vacant
AND d AND Baranggay
Sanggu
Panlungsod Bayan
Highly RESIGNATION OF ELECTIVE OFFICIALS
Comp City OR Resignation is deemed effective only upon acceptance by
LGU Urbanized
City Muni
AND ICCs the following authorities:
Mayor
UPON Resignation by Approved by
President, recommen Governors and vice- President
Who
through Governor dation of governors; Mayors and
appoints
ExecSec the Sanggu vice-mayors of HUCs and
Barangay ICCs
concerned Mayors and vice-mayors Governors
of component cities and
FROM THE SAME POLITICAL PARTY municipalities
A nomination and a certificate of membership of the Sanggunian members Sanggunian concerned
appointee from the highest official of the political party Barangay officials City or municipal mayor
concerned are conditions sine qua non, and any
appointment without such nomination and certificate shall Exceptions:
be null and void ab initio and shall be a ground for (1) Resignation shall be deemed accepted if not acted
administrative action against the official responsible. upon by the authority concerned within 15 working
days from the receipt thereof.
In case the official has no political party: the local chief (2) Irrevocable resignations by sanggunian members
executive shall appoint a qualified person to fill, upon shall be deemed accepted upon presentation before
recommendation of the sanggunian concerned. an open session of the sanggunian concerned and
(Sec. 45, LGC) duly entered in its records.
(3) This does not apply to sanggunian members who are
The appointing authority is not bound to appoint anyone subject to recall elections or to cases where existing
recommended to him by the Sanggunian concerned. The laws prescribed the manner of acting upon such
power of appointment is discretionary power. On the resignations.
other hand, neither is the appointing power vested with so (Sec. 82, LGC)
large a discretion that he can disregard the
recommendation of the Sanggunian concerned. Since the TEMPORARY VACANCY
recommendation takes the place of nomination by political Manner of Succession Of Local Chief Executive
party, the recommendation must likewise be considered a Local Chief
condition sine qua non for the validity of the appointment, Cause of Vacancy Temporary
Executive
by analogy of Sec 45(b). (Fariñas vs Barba, supra) (INCAPACITY) Successor
Officer
Governor, Physical or Legal Vice-Governor
“The votes cast in favor of the ineligible candidate are not Mayor, OR reasons Vice-Mayor, OR
considered at all in determining the winner of an election. Punong (LOA, abroad, Highest Ranking
Even when the votes for the ineligible candidate are Barangay suspension) Sanggunian
disregarded, the will of the electorate is still respected, and member
even more so. The votes cast in favor of an ineligible
candidate do not constitute the sole and total expression
of the sovereign voice. The votes cast in favor of eligible
and legitimate candidates form part of that voice and must
149
AUTOMATICALLY assumes and exercises all duties and

powers INITIATION OF RECALL PROCESS
Except: Power to suspend, appoint, dismiss employees. (Sec. 70, LGC)
How to initiate:
These powers can only be exercised if the power (1) by a preparatory recall assembly or
temporary incapacity exceeds 30 working days. (2) by the registered voters of the local government unit
to which the local elective official subject to such
LOCAL CHIEF EXECUTIVE IS TRAVELLING WITHIN THE recall belongs
COUNTRY FOR NO MORE THAN THREE DAYS, BUT (3) Preparatory Recall Assembly
OUTSIDE HIS TERRITORIAL JURISDICTION
There shall be a preparatory recall assembly in every:
Local Chief Executive
Temporary Successor LGU Composition
Officer
Local Chief Executive is (1) Person designated as  All mayors
travelling within the an officer-in-charge;  Vicemayors
country but is outside his OR Province  Sangguniang barangay members
territorial jurisdiction for (2) If the local chief of the mmunicipalities and
a period not exceeding executive fails to component cities
three consecutive days issue an  All punong barangay
authorization, the City  Sangguniang barangay members
Vice-governor, Vice- in the city
mayor, or highest  In cases where sangguniang
ranking Sangguniang panlalawigan members are
Barangay member elected BY DISTRICT:
shall have the right to  All elective municipal officials in
assume his powers Legislative the district
on the fourth (4th) day District  In cases where sangguniang
of his absence. panglungsod member are elected
by district
Except: Power to suspend, appoint, or dismiss  All elective barangay officials in
employees. Except as provided, the local chief the districts
executive shall not authorize any local official to  All punong barangay
assume the powers, duties and functions of the office,  Sangguniang barangay members
other than the vice governor, the vice-mayor, or the in the municipality
highest ranking sanggunian member (as the case may Municipal
be)
TERMINATION OF TEMPORARY SUCCESSION

Cause of
Physical reason (ie Legal reason (ie
vacancy or
LOA) suspension)
incapacity
By submission of By submission of PROCEDURE FOR INITIATING RECALL ASSEMBLY
local chief written A majority of all the preparatory recall assembly members
executive of a declaration AND may convene in session in a public place and initiate a
recall proceeding against any elective official in the local
Termination written declaration necessary
government unit concerned.
of incapacity to the appropriate documents
Sanggunian that he showing the
Recall of provincial, city, or municipal officials shall be
has reported back cause no longer
validly initiated through a resolution adopted by a majority
to office exists
of all the members of the preparatory recall assembly
concerned during its session called for the purpose.
INITIATION BY REGISTERED VOTERS

Recall is the termination of official relationship of an Recall of any elective provincial, city, municipal, or
elective official for loss of confidence prior to the barangay official may also be validly initiated upon petition
expiration of his term through the will of the electorate. of at least twenty-five percent (25%) of the total number of
(Section 69, Local Government Code) registered voters in the local government unit concerned
during the election in which the local official sought to be
recalled was elected.
BY WHOM EXERCISED
The power of recall for loss of confidence shall be
exercised by the registered voters of a local government Procedure for initation by registered voters
unit to which the local elective official subject to such (1) A written petition for recall duly signed before
recall belongs. the election registrar or his representative, and
in the presence of a representative of the
petitioner and a representative of the official
150
sought to be recalled, and in a public place in the (a) For the office assumed: The successor’s service
province, city, municipality, or barangay, as the for the unexpired portion of the term of the
case may be, shall be filed with the Comelec replaced official is not treated as one full term
through its office in the local government unit and is not counted in the application of any term
concerned. The Comelec or its duly authorized limit. [Borja v. COMELEC (1998)]
representative shall cause the publication of the
petition in a public and conspicuous place for a (b) For the office held before succession: The
period of not less than ten (10) days nor more successor’s assumption by operation of law to
than twenty (20) days, for the purpose of the higher office (e.g. vice-mayor) is considered
verifying the authenticity and genuineness of the an involuntary severance or interruption of the
petition and the required percentage of voters. office he previously held (e.g. councilor). [i.e. it is
not counted in the application of any term limit.]
(2) Upon the lapse of the aforesaid period, the [Montebon v. COMELEC, G.R. No. 180444 (2008)]
Comelec or its duly authorized representative
shall announce the acceptance of candidates to (2) Recall Elections: An elective official, who has served
the position and thereafter prepare the list of for three consecutive terms and who did not seek the
candidates which shall include the name of the elective position for what could be his fourth term,
official sought to be recalled. but later won in a recall election, had an interruption
in the continuity of his service. For, he had become in
the interim [i.e. from the end of the 3rd term up to the
recall election] a private citizen. [Adormeo v.
COMELEC, G.R. No. 147927 (2002); Socrates v.
LENGTH OF TERM COMELEC, G.R. No. 154512 (2002)]
Shall be determined by law, currently 3 years.
(3) Conversion: The abolition of an elective local office
 Term of office of barangay and sangguniang kabataan due to the conversion of a municipality to a city does
officials: 3 years not, by itself, work to interrupt the incumbent
 No barangay elective official shall serve for more than official’s continuity of service [Latasa v. COMELEC,
3 consecutive terms in the same position G.R. No. 154829 (2003)]
(1) Reckoned from the 1994 barangay elections
(2) Voluntary renunciation of office for any length of (4) Preventive Suspension: Preventive suspension is not
time shall not be considered as an interruption a term-interrupting event as the elective officer’s
(Sec. 2, R.A. No. 9164) continued stay and entitlement to the office remain
unaffected during the period of suspension, although
he is barred from exercising the functions of his office
WHAT CONSTITUTES A TERM OF OFFICE [Aldovino, Jr. v. COMELEC (2009)]
The term limit for elective officials must be taken to refer
to the right to be elected as well as the right to serve in the (5) Losing in an Election Protest:
same elective position. Consequently, it is not enough that (a) When a candidate is proclaimed a winner for an
an individual has served three consecutive terms in an elective office and assumes office, his term is
elective local office, he must also have been elected to the interrupted when he loses in an election protest
same position for the same number of times before the and is ousted from office, thus disenabling him
disqualification can apply. [Borja v. COMELEC, G.R. No. from serving what would otherwise be the
133495 (1998)] unexpired portion of his term of office had the
protest been dismissed [Lonzanida v. COMELEC,
The interruption of a term that would prevent the G.R. No. 135150 (1999) and Dizon v. COMELEC,
operation of the three-term rule involves “no less than the G.R. No. 182088 (2009)]
involuntary loss of title to office [or the right to hold on to
an office]” or “at least an effective break from holding (b) However, when an official loses in an election
office.” [Aldovino, Jr. v. COMELEC, G.R. No. 184836 (2009)] protest and said decision becomes final after said
official had served the full term for said office,
2 CONDITIONS FOR THE APPLICATION OF THE then his loss in the election contest does not
constitute an interruption since he managed to
DISQUALIFICATION
serve the term from start to finish. His full
(1) Elected for three consecutive times for the same
position; and service should be counted in the application of
the term limits [Ong v. Alegre, G.R. No. 163295
(2) Fully served three consecutive terms [Borja v.
(2006) and Rivera III v. COMELEC, G.R. No. 167591
COMELEC (1998)]
(2007)]
Circumstances affecting consecutiveness of terms
Effect of Winning in an Election Protest: The period
and/or involuntary interruption
during which the winner of an election protest is unable
(1) Assumption of Office by Operation of Law: When a
to assume office as it was occupied by his opponent is
permanent vacancy occurs in an elective position
considered to be an involuntary interruption in the
pursuant to the rules of succession under the LGC,
service of his term and therefore bars the application of
supra: the three-term limit rule
151
Green Notes 2019 Public International Law
Obligation of every states towards the international

community as a whole. It is when all states have legal interest
in the protection of these obligations. (Barcelona Traction,
Light and Power Company Limited, ICJ Reports, 1964).
Customary international law that has attained the status of a

peremptory norm, accepted and recognized by the
international community of states as a rule from which no
derogation is permitted and can be modified only by a
subsequent norm having the same character. Any treaty that
conflicts with a peremptory norm is void. (Article 53, Vienna
Convention on the Law of Treaties)
It is a principle of international law used by international

tribunals in deciding disputes based on equitable
considerations. The International Court of Justice can only
decide a case ex aequo et bono if the parties to the dispute
agree to its use. (Article 38(2), Statute of the International
Court of Justice)
Types of Ex Aequo et bono

1. Equity infra legem
2. Equity praeter legem
3. Equity legem
Equity infra Equity praeter Equity contra

legem legem legem
A form of equity When fairness When
which constitutes supplements the principles of
a method of law or fills in its equity are
interpretation of gaps. deployed to
the law in force, strike down a
and which is law.
based on law.
THEORIES ON THE RELATIONSHIP BETWEEN

INTERNATIONAL LAW AND MUNICIPAL LAW
(A) Dualist/Pluralist Theory

International law and municipal law are essentially different
from each other. They differ as to source, relations they
regulate and substance. In case of conflict, municipal law
prevails based on state sovereignty.
(B) Monistic Theory

International law and municipal law belong to only one
system of law.
152
Two Monist Theories The International Court of Justice affirmed the

1. Municipal law subsumes and is superior to independence of the sources of international law, and
international law. rejected the US argument that since the US made a
2. International law is superior to domestic law. reservation to a treaty with the same normative content as
customary international law it is thus not bound to the said
THEORIES AS TO ADOPTION OF INTERNATIONAL LAW obligation under customary international law. (Shaw, 2003)
AND DOMESTIC LAW
SOURCES OF INTERNATIONAL LAW UNDER THE
STATUTE OF INTERNATIONAL COURT OF JUSTICE
(A) Doctrine of Transformation
International law becomes part of domestic law through the
appropriate legal machinery such as an act of Congress. Secondary
used as ‘subsidiary means’
Primary
in determining rules of
(B) Doctrine of Incorporation
International law is adopted as part of municipal law by international law
operation of law, without a positive act to adopt it. Treaties Judicial Decisions
(Art. 38 (a), Statute of ICJ) (Art. 38 (d), Statute of ICJ
CONFLICT BETWEEN INTERNATIONAL LAW AND
MUNICIPAL LAW Legal Scholarship or
Teachings of most highly
International Customs
qualified publicist of
GENERAL RULE: (Art. 38 (b), Statute of ICJ)
various nations
Both must be harmonized to give effect to both systems of
(Art. 38 (d), Statute of ICJ)
law. It is presumed that municipal law is enacted with due
regard for international law.
EXCEPTION: General Principles of Law

1. If the local court decides, it depends on the Recognized by Civilized
following: Nations
a. Constitution v. International Law: (Art. 38 (c), Statute of ICJ)
Constitution prevails
b. Constitution v. Treaty: Treaty is subject
to qualification or amendment by a
subsequent law. (Bernas, Joaquin, S.J. General Rule in cases of conflict between the Sources:
(2009). Introduction to Public 1. Between primary and secondary sources, Primary
International Law) Source will prevail.
2. Between two or more primary sources, the
The validity of treaties, as well as their proper adoption into following shall prevail:
municipal law, are proper subjects of judicial review. a. Treaties prevail over customs, and
(Gonzalez v. Hechanova, 1963) b. Customs prevail over general principles
of law.
Treaties have the same status as domestic laws. However, On
the international level, a state, under the principle of pacta Exception: Jus Cogens
sunt servanda, is obliged to comply with the treaty. A treaty is void, if at the time of its conclusion, it conflicts
with the peremptory norm of the general international law.
c. Local Statute v. International Law: equal Jus Cogens norms are of the highest status. (Art. 53, Vienna
in status Convention on the law of the Treaties)
2. If the international court decides, International law (A) Treaties and Agreements
prevails It determines the right and duties of states just as individual
rights are determined by contracts. Its binding force comes
from the voluntary decision of the sovereign states to
obligate themselves to a mode of behavior. (Bernas, Joaquin,
S.J. (2009), Introduction to Public International Law).
Private International Law

CLASSIFICATION OF SOURCES Domestic law which deals with cases where foreign law
intrudes in the domestic sphere where there are questions
of the applicability of foreign law or the role of foreign courts.
Formal Sources Material Sources
Types of Treaties
It refers to the various It refers to the actual 1. Law-Making Treaties
processes by which rules substance and content of Treaties which are intended to have universal or general
come into existence; the obligation. relevance.
confer upon the rules an
obligatory character. 2. Treaty Contracts
153
Treaties that apply only as between two or a small number of treated as breaches of that rule, not as indications of the
States. recognition of a new rule. (Nicaragua Case, ICJ Report, 1986)
Parties that do not sign and ratify a particular treaty are not Exception: Persistent Objector Rule
bound by its terms. (Shaw, 2003) A rule of international law which posits that a State, which
has persistently objected to the status as custom of a
When treaties reflect customary law, then non-parties are particular practice in the process of evolving into a custom,
bound. One way of creating new customary law is treaty, is not bound by that customary rule.
coupled by opinio juris and must be fundamentally norm-
creating. (North Sea Continental Shelf Case, ICJ Report, 1969) It is essential that the state’s objection arises prior to the
formation of the rule, and continues consistently thereafter.
When a treaty incorporates or covers customary law, such
customary law will maintain its separate existence. (Shaw, (C) General Principles of Law
citing the Nicaragua Case, 2003). Principles of municipal law common to the legal systems of
the world. (Bernas, p. 18)
(B) Customary International Law
Consists of rules of law derived from the consistent conduct These are rules generally accepted by municipal systems and
of States acting out of the belief that this conduct is not to the municipal law of a particular State. (Barcelona
obligatory upon them. Traction, Light and Power Company Limited, ICJ Reports,
1964).
Elements:
1. Opinio Juris (Psychological or actual behavior of The spirit of general principles of law as source of
States); and international law is the principles of non-liquet, a situation
2. State Practice (Material facts or actual behavior of where there is no applicable law.
States).
Examples of General Principles of Law
The substance of customary law must be looked for primarily 1. Obligation to make reparations (Chorzow Factory
in the actual practice and opinio juris of states. (Libya/Malta Case, PCIJ, Series A., No, 9, 1928)
Case, ICJ Reports, 1985). 2. Res Judicata (Administrative Tribunal Case, ICJ,
1954)
Opinion Juris Necessitatis 3. Estoppel (Temple of Preah Vihear Case, ICJ, 1962)
The belief of a State that it is bound under by a certain legal 4. Principle of good faith (Nuclear Tests Case, ICJ,
obligation. 1974)
5. Equity.
State Practice
It covers acts, statements, omissions or silence of a state (D) Judicial Decisions and Teachings of the Most
from which views about customary law may be inferred. Highly Qualified Publicist
Customary rule must be in accordance with a constant and Judicial Decisions

uniform usage practiced by the States. (Asylum Case, ICJ While not constituting stare decisis (Art. 59, Statute of ICJ),
Reports, 1950) these are subsidiary means for the determination of the rules
of international law (Art. 38, Statute of ICJ). It is not binding
Some degree of uniformity amongst state practices is except between parties and in the particular case, but are
essential before a custom could come into existence. (Anglo- highly persuasive sources.
Norwegian Fisheries Case, ICJ Reports, 1951)
Teachings of Most Highly Qualified Publicist
State practice must be both extensive and virtually uniform. They have the same persuasive effect as Judicial Decisions
(North Sea Continental Shelf Case, ICJ Report, 1969) and are similarly subsidiary means of determining the rules
of international law (Art. 38, Statute of ICJ).
Evidence of State Practice (non-exhaustive)
1. Historical Records; “Publicist” are institutions which write on international law.
2. Official Publications; (Bernas, p. 19).
3. Official manuals on legal questions;
4. Diplomatic interchanges; or For a writer to be classified as a most highly qualified
5. Opinions of national legal advisors
publicist, the following must be complied:
1. The writer must have made publications, and
Consideration of State Practice 2. An International Tribunal must have recognized
1. Duration; the writer to be a most highly qualified publicist.
2. Consistency;
3. Repetition; and
4. Generality.
These are entities endowed with rights and obligations in the
General Rule: international order and possessing the capacity to take
Conduct of states should be consistent with customary rules, certain kinds of action on the international plane. (Bernas)
and state conduct inconsistent with a given rule should be
(A) States
154
(B) International Organizations 4. Territory must not be terra nullius.

(C) Individuals
Accession or Accretion
Accession or accretion is the natural process of land
It is a community which consists of a territory and a formation resulting in the increase of territory.
population subject to an organized political authority; it is Key factor: No act of any party necessary to increase the
characterized by sovereignty. (Conference on Yugoslavia territory.
Arbitration Commission: Opinions on Questions Arising From
the Dissolution of Yugoslavia, Opinion No. 1 of November 29, This is a natural action of the environment, resulting in the
increase of the territory of a state.
1991, 1992)
Elements/Qualifications of Statehood (1933 Montevideo Cession

Transfer of territory from one state to another by treaty. The
Convention on Rights and Duties of States)
only bilateral form of acquiring territory.
1. People or Permanent Population
2. Territory
Validity of cession depends on the valid title of the ceding
3. Government
state.
4. Sovereignty and the capacity to enter into
relationship with other states
3. Government
1. People or Permanent Population An institution by which an independent society makes and
A community of persons sufficient in number and capable of carries out those rules of action which are necessary to
maintaining the permanent existence of the community and enable men to live in a social state, or which are imposed
held together by a common bond of law. upon the people forming that society by those who possess
the power or authority of prescribing them. (Bacani v.
The population does not have to be homogeneous racially, NACOCO, 1956).
ethnically, tribally, religiously, linguistic, or otherwise.
General Rule: The government must be a central
But, it must be a settle population, although the presence of government operating as a political body within the law of
certain nomadic inhabitants does not matter. the land and in effective control of the territory.
2. Territory Exception: States that undergo a period of civil strife or

Geographic base in the exercise of state sovereignty. internal chaos
(Magallona, Merlin M., Fundamentals of Public International
Law, 2005) Two (2) Kinds of Government:
1. De Jure government: Government with a color of
Territorial control is the essence of a state. (Island of Las legitimacy
Palmas Case, 2 U.N. Rep. Intl. Arb. Awards 829) 2. De facto government: Government without a
mandate of law
Modes of Acquiring Territory
1. Occupation Failed State
2. Prescription One which does not have a government in control of most of
3. Accession or Accretion the territory for several years
4. Cession
Jus Poslimium
Occupation Acts of the government done under the control of a de facto
It is the effective exercise of sovereignty over a terra nullius government, when they are not of a political complexion
territory, and not mere discovery. remain good even upon the restoration of the legitimate
government. (Co Kim Cham v Valdez Tan, 1945)
Effective occupation means continued display of authority.
It involves: 4. Sovereignty and the capacity to enter into
1. Intention and will to act as sovereign or animus relationship with other states
occupandi, Sovereignty
2. Some actual exercise or display of such authority It means independence from outside control. It is the
capacity to enter into relations with other states.
The exercise of sovereignty must be peaceful, actual, (Montevideo Convention). It is, however, dependent on
continuous, and sufficient to confer valid title to sovereignty. recognition of other states. (Bernas, p. 73)
Prescription Principle of State Continuity

The title is acquired by continuous and undisturbed exercise The State continues as a juristic being notwithstanding
of sovereignty over a period of times. changes in its government or administration, even if such
changes are extralegal or unconstitutional. Provided: such
Requisites of Prescription: changes do not result in the loss of any of its essential
1. Must be exercised under á titre de souverain elements
2. Peaceful and uninterrupted;
3. Public and enduring for a certain length of time Recognition of other states
155
The act of acknowledging the capacity of an entity to Certain administrative bodies created by agreement among
exercise rights belonging to statehood. (Bernas, p. 74) states may be vested with international personality when
two conditions concur:
Two (2) Theories of State Recognition 1. Their purposes are mainly non-political;
1. Declaratory Theory 2. They are autonomous and not subject to control of
Recognition is merely “declaratory” of the existence of the any state.
state and that its being a state depends upon its possession
of the required elements and not upon recognition. United Nations
An organization of states regarded as an international person
2. Constitutive Theory for certain purposes.
Recognition constitutes a state, that is, it is what makes a
state a state and confers legal personality on the entity. It is an entity capable of availing itself of obligations
incumbent upon its members. (Reparations Case, ICJ Reports,
Extinction of a State 1949)
A state may be extinguished in a legal sense through merger,
absorption, dismemberment of an existing state, complete
loss of population or emigration en masse of the population.
Individuals have limited locus standi in international law;
have limited rights and obligations (limited legal capacity).
Fundamental Rights of the State
1. Right to Existence and Self-Defense; They have Same status as non-State international subjects
2. Right of Sovereignty and Independence; such as insurgents, international organizations and national
3. Right of Equality; liberation movements.
4. Right to Territorial Integrity and Jurisdiction
Notable Exception:
Protectorates 1. ECHR – While it is an international tribunal, it
Dependent states which have control over their internal allows individuals to file petitions for violations of
affairs but whose external affairs are controlled by another human rights within its jurisdiction.
state. (Bernas, p. 85)
Mandates and Trust Territories

These are non-self-governing territories which have been The conduct of parties in a non-international armed conflict
placed under international supervision to insure their is the 1977 Protocol II to the 1949 Geneva Convention.
economic, political, social and educational advancement.
Non-International Armed Conflicts
Statehood and its attendant rights exist independently of the They are armed conflicts which take place in the territory of
will of other states. (Bosnian Genocide Case, 2007). the High Contracting Party between its armed forces and
dissident armed forces or organized armed groups.
Restrictions upon the independence of States cannot be
presumed. (S.S. Lotus (France v. Turkey), 1927) Protocol shall not apply to situations of internal disturbances
and tensions; such as riots as not being an armed conflict.
Between independent states, respect for territorial
sovereignty is an essential foundation of international To be covered under the Protocol II, the following
relations. (Corfu Channel Case (UK v. Albania), 1949) requirements for the “material field application” should be
present:
1. The armed dissidents must be under responsible
command
Organizations that are set up by treaty among two or more 2. They must exercise such control over a part of its
states. (Bernas, p. 87). territory as to enable them to carry out sustained
and concerted military operations and to
Their powers and privileges are limited by the constituent implement its Protocol.
instrument that created them (Bernas, p. 89).
Based from the requirements, NDF, NPA, MNLF and MILF
Principle of Speciality does not fall under the status of subject of international law.
International Organizations are governed by such principle.
They are invested by States which create them with power,
the limits of which are the function of the common interest
whose promotion those States entrust them. (Advisory National Liberation Movement are organized groups fighting
Opinion on the Use of Nuclear Weapons) in behalf of the whole people for the freedom from colonial
power. (Bernas, p. 100).
Belligerent Community
A group of rebels under an organized civil government who Characteristics of National Liberation Movements (Bernas,
have taken up arms against the legitimate government. p. 100)
1. They can be based within the territory which they
International Administrative Bodies are seeking to liberate or they might find a base in
a friendly country.
2. The ultimate goal of controlling a definite territory.
156
3. They must have an organization capable of coming Despite the status of Statelessness, they are afforded a
into contact with other organization remedy based on the Philippine Constitution which adopts
the generally accepted principles of international law as part
of the land (Art. II, Sec. 3). The Universal Declaration of
Human Rights states that everyone has the right to an
effective remedy by competent national tribunals. (Art. 8)
A state may exercise jurisdiction over conduct outside its

The fundamental source of jurisdiction is sovereignty over territory that threatens its security, as long as that conduct
territory. A state has absolute, but not necessarily exclusive, is generally recognized as criminal by states in the
power to prescribe, adjudicate and enforce rules for conduct international community. (Restatement 402[3])
that occurs within its territory. Hence, it is necessary that
boundaries be determined. Excludes acts committed in exercise of the liberty
guaranteed an alien by the law of the place where the act was
Summary of the rules on boundaries where states are not committed.
islands but parts of a larger land mass (Third Restatement):
1. The boundary separating the land areas of two
states is determined by acts of the states Certain activities, universally dangerous to states and their
expressing their consent to its location. subjects, require authority in all community members to
2. Unless a consent to a different rule has been punish such acts wherever they may occur, even absent a
expressed, link between the state and the parties or the acts in question.
a. When the boundary between two states
is a navigable river, its location is the The International Criminal Court defines the crimes which
middle of the channel of navigation Universality principle applies:
(Thalweg doctrine)', 1. Genocide;
b. When the boundary between two states 2. Crimes against humanity; and
is a non- navigable river or a lake, its 3. War Crimes
location is the middle of the river or lake.
Las Palmas case: to have jurisdiction, occupation is not A State may apply its criminal law when the victim of an act
enough; control must also be established. is its national, even if the same is committed outside its
territory.
Effects Doctrine
An aspect of the territoriality principle. A state also has It is usually applicable to terrorist and other organized
jurisdiction over acts occurring outside its territory but attacks (§ 402 of Third Restatement).
having effects within it.
This was enunciated in the Lotus case, an early case dealing

with territorial jurisdiction. The effects doctrine itself
consists of two principles:
1. Subjective territorial principle - gives a State
jurisdiction to prosecute and punish for crimes Every sovereign state is bound to respect the independence
commenced within the state of every other sovereign state, and the courts of one country
2. Objective territorial principle - gives a State will not sit in judgment on the acts of the government of
jurisdiction to prosecute and punish for crimes another, done within its own territory. Redress of grievance
consummated within its territory. (Lotus case) by reason of such acts must be obtained of by sovereign
powers as between themselves (Underhill v. Hernandez, 1897)
It is not applicable where the validity of a foreign government

act is not issue (Kirkpatrick Co. v. Environmental Tectonics
Corp, 1990)
Nationality
Each state has the right to decide who are its nationals using
either the principle of jus sanguinis or jus soli or
naturalization laws.
There is no common law doctrine recognizing the immunity
However, for a state to claim a person as a national, the state of international organizations. Their immunities come from
must have reasonable connection or an “effective link” with conventional instrument creating them. (Bernas, p. 90)
that person (Nottebohm case, Liechtenstein v. Guatemala).
IRRI was created by a Memorandum of Agreement and not a
Statelessness treaty; however, it is still granted immunity by virtue of P.D.
Stateless persons are those who do not have a nationality. No. 1620 which granted it the statutes, prerogatives,
They are either de jure (with lost nationality) or de facto (with privileges, and immunities of an international organization.
nationality, but denied state protection) stateless. (Kapisanan ng mga Manggagawa v. The International Rice
Research Institute)
157
2. Heads of Philippine diplomatic missions, for the

purpose of adopting a text of a treaty or an
agreement between the Philippines and the State
An international agreement concluded between states in
to which they are accredited; or
written form and governed by international law, whether
3. Representatives accredited by the Philippines to an
embodied in a single instrument or in two or more related
international conference or to an international
instrument. (Article 2, Vienna Convention on the Law of
organization or one of its organs, for the purpose
Treaties, 1969).
of adopting the text of a treaty in that conference,
organization or organ.
TYPES OF TREATIES
1. Multilateral Treaties The power to ratify is vested in the President, subject to the
It is open to all states. It creates norms as basis for general concurrence of the Senate. The role of the Senate is limited
rule of law. They are either codification of treaties or law- only to giving or withholding its consent or concurrence to
making treaties. the ratification.
2. Bilateral Treaties or Contract Treaties It is within the authority of the President to refuse to submit
Treaties between two States which are contractual in nature a treaty to the Senate, or, having secured its consent for its
which create reciprocal expectations. ratification, refuse to ratify it. (Pimentel vs. Executive
Secretary, 2005)
3. Treaties that create Collaborative Mechanism
It may be universal in scope or regional (e.g. fishing (B) SIGNATURE
agreements) It concludes the negotiations. It serves as authentication of
the document; it makes the text authoritative and definitive.
TREATY-MAKING PROCESS
(A) Negotiation Under international law, although a mere Signatory is not
(B) Signature strictly bound to the provisions of a treaty, nonetheless they
(C) Ratification are bound not to defeat the object and purpose of the treaty
(D) Exchange of Instrument/ Deposit of Instrument (Art.18(a) Vienna Convention on the Law of Treaties)
(A) NEGOTIATION (C) CONSENT

This is the process where provisions of provisions of a Consent may be expressed by: (Art. 2 Vienna Convention on
proposed treaty are discussed by the representatives of the the Law of Treaties)
contracting states possessing full powers. 1. Exchange of instruments constituting a treaty;
2. Ratification;
An act relating to the conclusion of a treaty by one who has 3. Acceptance;
no proper authorization has no legal effect unless confirmed 4. Approval or accession; or
by his state. 5. Any other means if so agreed
Authority to negotiate No form is required for treaties. Exchange of notes between

1. Authorization must be secured by the lead agency the two heads of state may be considered as an international
from the President through the Secretary of agreement. (Qatar v. Bahrain, 1994)
Foreign Affairs;
2. The request for authorization must be in writing, The Vienna Convention only covers agreements between
proposing the composition of the Philippine States which are in writing and which are governed by
delegation and recommending the range of international law. (Magallona, Merlin M., Fundamentals of
positions to be taken by that delegation. (Section 3 Public International Law, 2005)
of Executive Order No. 459)
States which did not participate in the initial negotiation may
For the negotiations of agreements, changes of national express their consent to be bound by accession. (Art. 15
policy or international arrangements of a permanent Vienna Convention on the Law of Treaties)
character entered into in the name of the Government of the
Republic of the Philippines: Authorization shall be in the form The following are excluded from the Vienna Convention on
of full powers and formal instructions. the Law of Treaties: (Art. 15 Vienna Convention on the Law of
Treaties)
For other agreements: Written authorization from the 1. Those concluded between states and other
President shall be sufficient. subjects of international law;
2. Those agreements not in written form;
Full Powers 3. Those which are governed by the national law of
It is the authority granted unto a representative of the state one of the parties or by any other national law
to enter into, negotiate, sign and seal a treaty. This may be system chosen by their parties.
delegated by the President to the Secretary of Foreign
Affairs. (E.O. 459) (D) RESERVATION
It is a unilateral statement, however phrased or named, made
Persons with authority to negotiate or sign a treaty or an by a State when signing, ratifying, accepting, approving or
executive agreement: acceding to a treaty, whereby it purports to exclude or to
1. Secretary of the Department of Foreign Affairs
158
modify the legal effect of certain provisions of the treaty in It must relate to a fact or situation which was assumed by the
their application to the State. State to exist at the time when the treaty was concluded and
formed an essential basis of its consent to be bound by the
Reservation is not allowed: (Art. 19 Vienna Convention on the treaty.
Law of Treaties)
1. When the treaty prohibits it; It cannot be invoked if the State contributed by its own
2. Only specified reservations may be made; or conduct to the error or if the circumstances were such as to
3. Reservation is incompatible with the object and put that state on notice of a possible error.
purpose of the treaty.
Fraud
PRINCIPLES It must have induced the State to conclude a treaty through
Pacta sunt servanda the fraudulent act of another negotiating state. (Art. 49
Every treaty in force is binding upon the parties to it and Vienna Convention on the Law of Treaties)
must be performed by them in good faith. (Art. 26 Vienna
Convention on the Law of Treaties) Corruption of a representative of a state
The expression of a State’s consent to be bound by a treaty
Article 46 of the Vienna Convention on the Law of Treaties has been procured through corruption, direct or indirect, by
“a party may not invoke the provisions of its internal law as another negotiating state. (Art. 50 Vienna Convention on the
justification for its failure to perform a treaty” Law of Treaties)
Territorial Scope Duress

“Unless a different intention appears from the treaty or is The treaty’s conclusion was procured and coerced by the
otherwise established, a treaty is binding upon each party in threat or use of force in violation of the principles of
respect of its entire territory” (Art. 29 Vienna Convention on international law. (Art. 52 Vienna Convention on the Law of
the Law of Treaties) Treaties)
Jus Cogens Jus Cogens

A violation of jus cogens invalidates a treaty. Violation of a peremptory norm of international law. (Art. 53
Vienna Convention on the Law of Treaties)
Pacta tertiis nec nocent nec prosunt
A State is not bound to act in accordance with a treaty if it is Violation of internal law of a state
not a party to a treaty except if that treaty codifies customary The violation must be manifest and concern a rule of its
international law. internal law of fundamental importance. (Art. 46 Vienna
Convention on the Law of Treaties)
Doctrine of unequal treaties
Originally called for treaties signed by the Chinese with AMENDMENT AND MODIFICATION OF A TREATY
Western Powers after suffering military defeat, this doctrine Amendment
implies that they were establishing a system of benefits for It is a formal revision done with the participation, at least in
the “civilized” powers, while restricting the sovereignty of its initial stage by all the parties to a treaty.
the “uncivilized” and subordinate states. (Perez, Yaneva, Modification
Unequal Treaties in International Law) It involves only some of the parties.
Rebus sic stantibus TERMINATION OF TREATIES

Legal principle that justifies non-performance of treaty Modes of Termination of Treaties
obligations where unforeseen or substantial changes occur 1. Desistance of parties by mutual consent (express);
which would render one of the parties thereto unable to 2. Expiration of term;
undertake treaty obligations as stipulated therein. 3. Accomplishment of purpose;
4. Material breach.
It is a fundamental change in the circumstances which
determined the parties to accept a treaty, if it has resulted in It consists of:
a radical transformation of the extent of the obligations a. A repudiation of the treaty not sanctioned by the VCLT;
imposed by it, may, under, certain conditions, afford the or
party affected a ground for invoking the termination or b. Violation of a provision essential to the accomplishment
suspension of the treaty. (Fisheries Jurisdiction Case, 1973) of the object or purpose of the treaty; Supervening
impossibility of performance
INVALIDITY OF TREATIES
Grounds to invalidate treaties: Requisites:
(A) Error of fact a. Must result from the permanent disappearance or
(B) Fraud destruction of an object indispensable for the execution
(C) Corruption of the treaty;
(D) Duress b. Impossibility of performance must not be a result of a
(E) Violation of Jus Cogens breach by the party invoking it, either of an obligation
(F) Violation of internal Law of a State under the treaty or of any other international obligation
owed to any other party or the treaty;
Error (Art. 48 Vienna Convention on the Law of Treaties)
159
5. Loss of subject matter; nationality, membership of a particular social

6. Novation; group or political opinion
7. Rebus sic stantibus or Fundamental change of 2. The person is outside the country of his nationality
circumstance 3. The person is unable or, owning to such fear, is
8. Outbreak of war; or unwilling to avail himself of the protection of that
9. Violation of jus cogens. country
4. The person is unwilling to return to the former
DISTINCTION BETWEEN A TREATY AND AN EXECUTIVE habitual residence.
AGREEMENT
Treaty Executive Agreement
Excluded individuals as Refugees
Involves political issues or Adjustments of detail 1. The person has committed a crime against peace,
changes of national policy carrying out well- a war crime, or a crime against humanity, as
established national and defined in the international instruments drawn up
Involves international international policies and to make provision in respect of such crimes; (Art.
agreements of a political traditions and those 1(F) 1951 Convention relating to the Status of
character involving arrangements Refugees)
of a more or less 2. The person has committed a serious non-political
temporary nature. crime outside the country of refuge prior to his
admission to that country as a refugee; (Art. 1(F)
(Bernas, Joaquin, S.J., “ 1951 Convention relating to the Status of Refugees)
Constitutional Structure 3. The person has been guilty of acts contrary to the
and Powers of purposes and principles of the United Nations. (Art.
Government: Notes and 1(F) 1951 Convention relating to the Status of
Cases, Part I.”) Refugees)
4. Those who voluntarily avail themselves of the
protection of their country of nationality or
habitual residence or individuals who have
received protection in a third country are also not
considered refugees. (Art. 1(C) 1951 Convention
This doctrine posits that a state is responsible for every relating to the Status of Refugees)
internationally wrongful act committed by it and is liable for
the acts of its officials only when the act is attributable to the Non-Refoulement Principle
state. The obligation of States not to refoule, or return, a refugee
to “the frontiers of territories where his life or freedom
Elements of State Responsibility would be threatened on account of his race, religion,
1. Existence of an international legal obligation in nationality, membership of a particular social group or
force as between the two states; political opinion.” (Art. 33(1) 1951 Convention relating to the
2. Act or omission which violates that obligation and Status of Refugees)
which is imputable to the state responsible; and
3. Loss or damage has resulted from the unlawful act
or omission. (Shaw, 2003)
The removal of an accused from the Philippines with the
Elements of an Intentionally Wrongful Act
object of placing him at the disposal of foreign authorities to
1. The act or omission is attributable to the State
enable the requesting state or government to hold him in
under international law - need not be punishable
connection with any criminal investigation directed against
by local law; may be deemed lawful in internal law;
him or the execution of a penalty imposed on him under the
and
penal or criminal law of the requesting state or government.
2. The act constitutes a breach of an international
obligation of the State (international delinquency) (P.D. 1069, the Philippine Extradition Law)
Basis of Extradition
Extradition is based on the consent of the state of asylum as
expressed in a treaty or manifested as an act of goodwill.
(Cruz, p. 203, citing Fenwick)
An individual who is outside his or her country of nationality
or habitual residence who is unable or unwilling to return Any person may be extradited, whether he be a national of
due to a well-founded fear of persecution based on his or her the requesting State, of the state or refuge or of another
race, religion, nationality, political opinion, or membership in state. (Cruz, citing Oppenheim and Lauterpacht)
a particular social group. (Art. 1(A)(2) 1951 Convention relating
to the Status of Refugees) Political and religious offenders are generally not subject to
extradition. (Cruz, p. 203)
Criteria Required to qualify as a Refugee (1951 Convention
relating to the Status of Refugees) Principle of Specialty
1. The persons have a well-founded fear of
persecution for reasons of race, religion,
160
The fugitive may be tried only for the crime specified in the ICCPR was adopted and opened for signature, ratification
request for extradition, and only when the crime is included and accession by the U.N. General Assembly Resolution 2200
in the list of offenses in the treaty. of December 16, 1966. It entered into force on March 23, 1976.
Attentat Clause
The murder of the head of state or any member of his family Substantive rights under ICCPR
is not to be regarded as a political offense for purposes of 1. Right to life, liberty and property
extradition. (Cruz, p. 204) 2. Right to equality
3. Freedom from torture and ill-treatment
In the absence of special agreement, the offense must have 4. Right to adequate prison conditions
been committed within the territory or against the interests 5. Freedom of movement
of the demanding state. 6. Recognition and protection of legal personality and
privacy
Rule of Double Criminality 7. Freedom of thought, conscience, religion and
The act for which the extradition is sought must be expression
punishable in both the requesting and requested states. 8. Freedom of association
9. Protection of minorities
Extradition may be resorted to when only if there is an 10. Right to self-determination
extradition treaty between the two states. If there is no
extradition treaty, the host state has the right to grant Instance when State Parties to the ICCPR may take
asylum; the individual has no right to demand asylum. measures derogating from their obligations under the
ICCPR
Distinction between Extradition and Deportation In time of public emergency which threatens the life of the
Extradition Deportation nation and the existence of which is officially proclaimed, the
States Parties to ICCPR may take measures derogating from
Surrender of a fugitive by Expulsion of an alien their obligations under the Covenant to the extent strictly
one state to another where considered undesirable required by the exigencies of the situation.
he is wanted for by local state, usually but
prosecution or, if already not necessarily to his own Such measures should not be inconsistent with their other
convicted, for punishment state. obligations under international law and do not involve
. discrimination solely on the ground of race, colour, sex,
Surrender is made at the It is a unilateral act of the language, religion or social origin. (Art. 4(1), ICCPR)
request of the latter state local state and is made in
on the basis of extradition its own interests. Non-derogable Right under the ICCPR(Art. 4(2), ICCPRI)
treaty. 1. Right to life (Article 6)
2. Freedom from torture and other inhuman
punishment (Article 7)
3. Freedom from enslavement and servitude (Article
Alien will be surrendered to Undesirable alien may be 8 (1) and (2))
the state asking for his sent to any state willing to 4. Protection from imprisonment for inability to fulfill
extradition. accept him. contractual obligations (Article 11)
5. Protection from ex post facto laws (Article 15)
6. Right to recognition everywhere as a person before
State of origin that initiates Resident/host state that the law (Article 16)
the proceedings initiates deportation 7. Freedom of thought, conscience and religion
(Article 18)
Nature of offense: criminal Nature of offense:
administrative Optional Protocols to the ICCPR
First Optional Protocol
It was entered into force on March 23, 1976. It is designed to
enable private parties who are victims of human rights
violations. (Bernas, p. 259)
Second Optional Protocol

It was entered by General Assembly Resolution 44/128 on
UNIVERSAL DECLARATION OF HUMAN RIGHTS December 15, 1989. It is adopted to abolish the death penalty.
It was adopted by the U.N. General Assembly, composing of
48 countries, on December 10, 1948. The UDHR is considered INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
as a “common standard of achievement for all peoples and all AND CULTURAL RIGHTS (ICESCR)
nations.” (Preamble, UDHR)
Substantive rights under ICESCR
1. Right to work
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL 2. Right to favorable conditions of work
RIGHTS (ICCPR) 3. Right to form free trade unions
4. Right to social security and insurance
5. Right to adequate standard of living
6. Right to special assistance for families
161
7. Right to the highest standard of physical and

mental health INTERNATIONAL IMPLEMENTATION OF HUMAN RIGHTS
8. Right to education including compulsory primary LAW
education Each country has the obligation to implement the human
9. Right to the enjoyment of cultural and scientific rights law within its jurisdiction. It can be done, when proper,
benefits and international contacts in municipal courts. (Bernas, p. 263)
THREE GENERATIONS OF HUMAN RIGHTS CUSTOMARY HUMAN RIGHTS LAW

(A) FIRST GENERATION (Civil and Political Rights or Some human rights principles have become customary law
Fundamental Rights) in the light of state practice e.g. prohibition on torture,
genocide, slavery, and discrimination. (Bernas, p. 263)
1. Right to life, liberty and security of person
2. from slavery or servitude
3. Freedom from torture or to cruel, inhuman or
degrading treatment or punishment
4. Right to equal protection of the law
5. Right to recognition everywhere as a person before International humanitarian law provides for instances when
the law the use of armed force is justifiable (jus ad bellum) and it
6. Right to an effective remedy by the competent regulates the conduct of armed conflict (jus in bello). (Bernas,
national tribunals p. 307)
7. Freedom from arbitrary arrest, detention or exile
8. Right to a fair and public hearing by an Jus ad bellum Jus in bello
independent and impartial tribunal
9. Right to be presumed innocent until proved guilty The rules of international Rules by which
10. Freedom from arbitrary interference with his law governing the legality international law
privacy, family, home or correspondence of the use of force by regulates the actual
11. Freedom of movement and residence within the States. These constitute conduct of hostilities
borders of each state the legal justifications for once the use of force has
12. Right to leave any country, including his own, and the use of force under begun.
to return to his country. international law.
13. Right to seek and enjoy in other countries asylum
from persecution Application of International Humanitarian Law
14. Right to a nationality It applies from the initiation of such armed conflicts and
15. Right to marry and found a family extends beyond the cessation of hostilities until a general
16. Right to own property alone as well as in conclusion of peace is reached. (Prosecutor v. Tadic)
association with others
17. Freedom of thought, conscience and religion Armed Conflict
18. Freedom of opinion and expression It exists whenever there is a resort to armed force between
19. Freedom of peaceful assembly and association states or protracted armed violence between governmental
20. Right to take part in government of his country, authorities and organized armed groups or between such
directly or through freely chosen representatives; groups within a state.
right of equal access to public service in his
country. CATEGORIES OF ARMED CONFLICTS
(B) SECOND GENERATION (Economic, Social and (A) INTERNATIONAL ARMED CONFLICT
Cultural Rights) A state of war between two or more states, even if one does
not recognize it. It may take the form of a direct conflict
1. Right to work, to free choice of employment, to just between States or of intervention. (Common Art. 2, Geneva
and favorable conditions of work and to protection Convention)
against unemployment.
2. Right to rest and leisure
(B) INTERNAL OR NON-INTERNATIONAL ARMED
3. Right to a standard of living adequate for the health
CONFLICT (NIAC)
and well-being of himself and of his family
4. Right to education
1. Non-international armed conflict under Common
5. Right to freely participate in the cultural life of the
community, to enjoy the arts and to share in Article 3 of the Geneva Convention
scientific advancement and its benefits. Armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties.
(C) THIRD GENERATION
2. Non-international armed conflict under
1. Right to peace Additional Protocol II to the Geneva Convention
2. Right to a clean environment Conflicts that take place in the territory of a High
3. Right to self-determination Contracting Party between its armed forces and dissident
4. Right to the common heritage of mankind armed forces or other organized armed groups which, under
5. Right to development responsible command, exercise such control over a part of
6. Minority rights
162
its territory as to enable them to carry out sustained and Indiscriminate attacks are prohibited.
concerted military operations.
There must be proportionality in attack.
(C) WAR OF NATIONAL LIBERATION
Armed conflicts in which people are fighting against colonial In the conduct of military operations, constant care must be
domination and alien occupation and against racist regimes taken to spare the civilian population.
in the exercise of their right of self-determination.
There must be precautions against the effects of attacks.
CIVILIANS
Any person not a combatant; in case of doubt whether a Medical personnel exclusively assigned to medical duties
person is a civilian, that person shall be considered to be a must be respected and protected in all circumstances.
civilian (Art. 50(1) of Additional Protocol I to the Geneva
Conventions) Religious personnel exclusively assigned to religious duties
must be respected and protected in all circumstances.
Civilian Population
It comprises all persons who are civilians. The presence Cultural property must be respected.
within the civilian population of individuals who do not come
within the definition of civilians does not deprive the There must be no superfluous or unnecessary suffering in
population of its civilian character. (Art. 50(2) and (3) of the use of means and methods of warfare.
Additional Protocol I of the Geneva Conventions)
The use of poison or poisoned weapons is prohibited.
HORS DE COMBAT
The use of biological weapons is prohibited.
A person is hors de combat if:
1. He is in the power of an adverse party;
PRISONERS OF WAR
2. He clearly expresses an intention to surrender; or
Prisoners of war are persons enumerated under Article 4 of
3. He has been rendered unconscious or is otherwise
the Third Geneva Convention, who have fallen into the
incapacitated by wounds or sickness, and
power of the enemy.
therefore is incapable of defending himself.
Prisoners of war must at all times be humanely treated
Fundamental Guarantees: (Henckaerts, J.-M., Study on
(Article 13, paragraph 1).
customary international humanitarian law, 2005)
1. Civilians and persons hors de combat must be
Prisoners of war must at all times be protected, particularly
treated humanely
against acts of violence or intimidation and against insults
2. Adverse distinction in the application of
and public curiosity (Article 13, paragraph 2).
international humanitarian law is prohibited.
3. Murder is prohibited
Prisoners of war are entitled in all circumstances to respect
4. Torture, cruel or inhuman treatment and outrages
for their persons and their honour (Article 14).
upon personal dignity, in particular humiliating
and degrading treatment, are prohibited.
Women shall be treated with all the regard due to their sex
5. Corporal punishment is prohibited.
and shall in all cases benefit by treatment favorable as that
6. Mutilation, medical or scientific experiments are
granted to men (Article 14, paragraph 2)
prohibited.
7. Rape and other forms of sexual violence are
Prisoners of war shall retain full civil capacity which they
prohibited.
enjoyed at the time of their capture (Article 14, paragraph 3).
8. Slavery and the slave trade in all their forms are
prohibited.
LAW ON NEUTRALITY
9. Uncompensated or abusive forced labour is
prohibited. Neutrality
10. The taking of hostages is prohibited. It is a condition where a state does not take part, directly or
11. The use of human shields is prohibited, indirectly, in a war between other states. (Cruz, p. 242)
12. Enforced disappearance is prohibited.
13. Arbitrary deprivation of liberty is prohibited. Neutrality exists during the time of war.
14. No one may be convicted or sentence, except
pursuant to a fair trial affording all essential judicial Only states may become neutral.
guarantees.
Neutralization
It is a result of a treaty wherein the duration and the other
PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW
conditions of the neutralization are agreed upon by the
The parties to the conflict must at all times distinguish
neutralized state and other powers.
between civilians and combatants. Attacks may only be
directed against combatants. Attacks must not be directed
Neutralization operates both in times of peace and in times
against civilians.
of war. (Cruz, p. 243)
There must be a distinction between civilian objects and
military objectives. No attacks may be directed against Rights and Duties of Neutral States (Cruz, p. 243-4, citing
civilian objects. Schwarzenberger)
163
1. Abstain from taking part in the hostilities and from

giving assistance o either belligerent; Angary
2. Prevent its territory and other resources from By the right of angary, a belligerent may, upon payment of
being used in the conduct of hostilities by the just compensation, seize, use or destroy, in case of urgent
belligerents; necessity for purposes of offenses or defense, neutral
3. Acquiesce in certain restrictions and limitations property found in its territory, in enemy territory, or on the
that the belligerents may find necessary to impose, high seas. (Cruz, p. 254)
especially in connection with international
commerce Termination of Neutrality
1. When the neutral state itself joins the war; or
Rights and Duties of Belligerent States 2. Upon the conclusion of peace.
1. Respect the status of the neutral state;
2. Submit to any lawful measures it takes to maintain
or protect its neutrality.
It is the branch of public international law which regulates
Neutral Territories
the relations of states with respect to the use of the oceans.
War activities by or on behalf of any of the belligerents may
not be undertaken in the territory of the neutral state.
Neutral territories cannot be used by the belligerents for the

movement of troops, transports of military supplies, erection The baseline is the water line along the coast as marked on
of wireless stations for exclusively military purposes, large scale charts officially recognized by the coastal State. It
recruiting soldiers and military operations. (Cruz, p. 244, is a line from which the width of the territorial sea is
citing the Hague Convention of 1907) measured. (Bernas p. 120)
Contraband Two Ways of Drawing the Baseline

It is a term applied to goods which, although neutral 1. Normal Baseline
property, may be seized by a belligerent because they are This line follows the curvatures of the coast and therefore
useful for war and are bound for a hostile destination. (Cruz, would normally not consist of straight lines. (Bernas p. 120)
p. 249)
2. Straight Baseline
Doctrine of Ultimate Consumption This line is drawn connecting selected points on the coast
Goods intended for civilian use which may be ultimately find without appreciable departure from the general shape of the
their way to and be consumed by the belligerent forces are coast. Under R.A. 3046 and R.A. 5446, straight baselines are
also liable to seizure on the way. (Cruz, p. 250) drawn around the Philippines. (Bernas p. 121)
Doctrine of Infection
Contrabands shipped together with innocent goods An archipelagic State is a State constituted wholly by one or
belonging to the same owner may be confiscated. (Cruz, p. more archipelagos and may include other islands. (Art. 46,
250) United Nations Convention on the Law of the Sea (UNCLOS))
Doctrine of Ultimate Destination Straight Archipelagic Baselines

Liability of contraband to capture is determined not by their An archipelagic state may draw straight archipelagic
ostensible but by their real destination. (Cruz, p. 251) baselines joining the outermost points of the outermost
islands and drying reefs of the archipelago
Doctrine of Continuous Voyage
When the goods are reloaded at the intermediate port on the Provided: Within such baselines are included the main
same vessel. (Cruz, p. 252) islands and an area in which the ratio of the area of the water
to the area of the land, including atolls, is between 1 to 1 and
Doctrine of Continuous Transport 9 to 1. (Art. 47, UNCLOS)
When the goods are reloaded on another vessel or other
form of transportation. Archipelagic Waters
Waters enclosed by the archipelagic baselines drawn in
Blockade accordance with Article 47 of UNCLOS, regardless of their
It is a hostile operation by means of which the the vessel and depth or distance from the coast. (Art. 49(1), UNCLOS)
aircraft of one belligerent prevent all other vessels including
those of neutral states, from entering or leaving the ports or Archipelagic Sea Lanes Passage
coats of the other belligerent, the purpose being to shit off It is the exercise of the rights of navigation and over flight in
the place from international commerce and communication the normal mode solely for the purpose of continuous,
with other states. (Cruz, p. 252) expeditious and unobstructed transit between one part of
the high seas or an exclusive economic zone and another
Unneutral Service part of the high seas or an exclusive economic zone. (Art.
It consists of acts, of a more hostile character than carriage 53(2), UNCLOS)
of contraband or breach of blockade, which are undertaken
by merchant vessels of a neutral state in aid of any of the
belligerents. (Cruz, p. 253)
164
200 nautical miles from shore. Within this extended

continental shelf, the coastal state has sovereign rights over
All waters landwards from the baseline of the territory.
the natural resources on and beneath the seabed.
Sovereignty over internal waters is the same as sovereignty
over land, and internal waters are not subject to the right of
innocent passage. (Bernas, p. 124)
When straight baseline is established, enclosing areas as The Tribunal has jurisdiction over all disputes and all
internal waters which were nor previously considered as applications submitted to it in accordance with the UNCLOS
part of internal waters, a right of innocent passage shall exist and all matters specifically provided for in any other
in those areas or waters. (Art. 8(2), UNCLOS) agreement which confers jurisdiction on the Tribunal.
(Shaw, p. 1006)
It is a belt of sea outwards from the baseline and up to 12

nautical miles beyond.
Sovereignty of a coastal state extends to the air space over It is the branch of public international law comprising those
the territorial sea as well as to its bed and subsoil, but substantive, procedural, and institutional rules which have as
sovereignty over the territorial sea is exercised subject to their primary objective the protection of the environment,
UNCLOS and other rules of international law. (Art. 2, the term environment being understood as encompassing”
UNCLOS) both the features and the products of the natural world and
When the application of the 12-mile rule to neighboring those of human civilization”
littoral states results in overlapping, a median line
equidistant from the opposite baselines will be applied Principle of Common but differentiated responsibility
instead. (Bernas, p. 120) In view of the different contributions to global
environmental degradation, States have common but
Exception: Median-line rule does not apply where historic differentiated responsibilities. Developed countries
title or other special circumstance requires a different rule acknowledge the responsibility that they bear in the
of delimitation of territorial seas. (Art. 15, UNCLOS) international pursuit to sustainable development in view of
the pressures their societies place on the global environment
and of the technologies and financial resources they
command. (Principle 7, Rio Declaration)
It is an area of water not exceeding 24 nautical miles from
the baseline. It thus extends 12 nautical miles from the edge
It was formulated in 1972 in the UN Conference on the
of territorial sea (Bernas, p. 127)
Human Environment by 113 states. (Bernas, p. 323)
The coastal state exercises authority over that area to the
Principle 21 of the Stockholm Declaration
necessary to: (Art. 33 (1) 1982 Law of the Sea)
States have, in accordance with the Charter of the United
1. Prevent infringement of its customs, fiscal,
Nations and the principles of international law, the sovereign
immigration or sanitary laws and regulations
right to exploit their own resources pursuant to their own
within its territory or territorial sea;
environmental policies, and the responsibility to ensure that
2. Punish infringement of the above laws and
activities within their jurisdiction or control do not cause
regulations committed within its territory or
damage to the environment of other States or of areas
territorial sea
beyond the limits of national jurisdiction.
Precautionary Principle
It is an area extending not more than 200 nautical miles The point of the precautionary principle is to anticipate and
beyond the baseline. The coastal state has rights over the avoid environmental damage before it occurs. This
economic resources of the sea, seabed and subsoil, but the preventive measure, which is novel in many ways, would
right does not affect the right of navigation and overflight of ultimately serve to lower mitigation costs of resultant
other states. (Bernas, p. 128) environmental damage. (Mary Stevens, The Precautionary
Principle in International Area, 2002)
‘No harm’ principle

Trail Smelter Case (United States v. Canada): “No State has
Continental Shelf the right to use or permit the use of its territory in such a
Continental shelf, archipelagic shelf or insular shelf for manner as to cause injury by fumes in or to the territory of
archipelagos, refers to the seabed and subsoil of the another or the properties or persons therein, when the case
submarine areas adjacent to the coastal state but outside the is of serious consequence and the injury is established by
territorial sea, to a depth of 200 meters, or, beyond the limit, clear and convincing evidence.”
to where the depth allows exploitation, and the seabed and
subsoil of areas adjacent to islands. (Bernas, p. 128) General Duty of Co-operation
“States have the duty to co-operate with one another,
Extended Continental Shelf irrespective of the differences in their political, economic
Under Art. 76 of the UNCLOS, every coastal nation is entitled and social systems, in the various spheres of international
to delineate the outer limit of its continental shelf beyond relations, in order to maintain international peace and
165
security and to promote international economic stability and

progress, the general welfare of nations and international
co-operation free from discrimination based on such
differences.” (Principle 4 of General Assembly Resolution 2625
(XXV) on the ‘Principles of International Law Concerning
Friendly Relations and Cooperation among States’)
Polluter-pays Principle
“National authorities should endeavour to promote the
internalization of environmental costs and the use of
economic instruments, taking into account the approach
that the polluter should, in principle, bear the cost of
pollution, with due regard to the public interest and without
distorting international trade and investment.” (Principle 16,
Rio Declaration)
166
Green Notes 2019 ANNEX
A bill is proposed and

signed by the author and
filed before either house
First Reading – the number

and title of the bill is read
Referred to the appropriate

committee for study
Bill is transmitted to
Second Reading – Bill is subjected the other house and
to debates and discussion undergoes through 3
readings
Third Reading – subjected to a

final vote
Bicameral Conference
Transmitted to the President for

signature
The president signs the bill or

President vetoes the bill
the bill lapses into law
Bill does not become law
Congress overrides the veto by a

vote of 2/3 with both Houses
voting separately
Bill becomes a law
167

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DE LA SALLE UNIVERSITY COLLEGE OF LAW

Lasallian Commission on Bar Operations

POLITICAL AND INTERNATIONAL LAW

CONSTITUTIONAL LAW 2.…….…….….…….…….………………..…….……. 41

Lasallian Commission on Bar Operations 1

LAW ON PUBLIC OFFICERS…….…….…….…..…………….….…….…….….. 85 Autonomous Regions…….…….…….…..…………………………..……….…… 139

LOCAL GOVERNMENTS…….…….……………….…..……….…….…….….… 137

Lasallian Commission on Bar Operations 2

The Archipelagic Doctrine

Straight baseline method

(1). The Philippine archipelago with all the islands and

(2). All other territories over which the Philippines has

The Philippine Archipelago

Other territories over which the Philippines exercises

 R.A. N0. 9522 specified that baselines of

Lasallian Commission on Bar Operations 3

Constitution form part of the laws of the land

Lasallian Commission on Bar Operations 4

Lasallian Commission on Bar Operations 5

Lasallian Commission on Bar Operations 6

 Post-enactment measures which govern the 2. Investigation and monitoring of

Exception: Judicial review may be allowed where it is

(2) Power of the president to grant reprieves, Justiciable question

Lasallian Commission on Bar Operations 7

When a suit is against the State:

International Law Basis: Scope of Consent

(2). Sociological Theory- If the State is amenable to

Lasallian Commission on Bar Operations 8

LIMITATIONS ON LEGISLATIVE POWER

(1) Exercise of general powers of the state- Bill of

 Regional/Local Legislative Power GENERAL LIMITATIONS

 Informing function SPECIFIC LIMITATIONS

Lasallian Commission on Bar Operations 9

e. Chairs of Constitutional Commissions WHEN POCKET VETO OCCURS

LIMITATIONS ON THE USE OF PUBLIC FUND General rule: Selective/partial veto

(1) Sign and the bill becomes a law.

Lasallian Commission on Bar Operations 10

election from the:

Lasallian Commission on Bar Operations 11

In order to acquire a domicile by choice, there must

Rules on Apportionment of Legislative Districts Atong Paglaum Guidelines:

Lasallian Commission on Bar Operations 12

Disqualified Parties: iii. Parliamentary Privilege of Speech

 Purpose is to prevent him from owing

Lasallian Commission on Bar Operations 13

 Prohibition is not absolute, what is not

 Forfeiture of the legislator’s seat, or The interpretation of disorderly behavior - prerogative of

Lasallian Commission on Bar Operations 14

(4) All appropriation, revenue or tariff bills, bills

Exception: If the religious teacher or

Lasallian Commission on Bar Operations 15

LIMITATIONS ON THE USE OF PUBLIC FUND QUESTION HOUR

(3) No money shall be paid out of the National Section 21 Section 22

Lasallian Commission on Bar Operations 16

o Court power of judicial review Jurisdiction

Selection  It is NOT mandatory to elect 12 Senators to the

Lasallian Commission on Bar Operations 17

shall have been organized with the election of Indirect Initiative

Meetings Classes of Referendum

Congress cannot require that the appointment

Venue for filing

Lasallian Commission on Bar Operations 18

unratified by the Philippines, are generally accepted