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GENERAL PRINCIPLES
CONSTITUTION
That body of rules and maxims in accordance with
which the powers of sovereignty are habitually
exercised (Cooley)
Interpretation of the Constitution: ​(Francisco vs.
House of Representatives, GR No. 160261, Nov. 10,
2003)
1. ​Verba Legis ​– whenever possible, the words of the
constitution must be given their ordinary meaning,
except when technical terms are employed.
2. ​Ratio legis est anima ​– when there is ambiguity, the
words of the constitution should be interpreted in
accordance with the intent of the framers.
As we [the SC] have held in League of Cities of the
Philippines v. Commission on Elections—
Ratio legis est anima​. The spirit rather than the letter of
the law​. A statute must be read ​according to its spirit or
intent, for what is within the spirit is within the statute
although it is not within its letter, and that which is within
the letter but not within the spirit is not within the statute.
Put a bit differently, that which is within the intent of the
lawmaker is as much within the statute as if within the
letter, and that which is within the letter of the statute is
not within the statute unless within the intent of the
lawmakers. Withal, courts ought not to interpret and
should not accept an interpretation that would defeat the
intent of the law and its legislators (cited in Navarro vs.
Executive Secretary, GR No. 180050, April 12, 2011).
3. ​Ut magis valeat quam pereat ​– the constitution has
to be interpreted as a whole. Sections bearing on a
particular subject should be considered and interpreted
together as to effectuate the whole purpose of the
constitution and one section is not to be allowed to
defeat another, if by any reasonable construction, the
two can be made to stand together (Civil Liberties Union
vs. Executive Secretary, 194 SCRA 317).
Doctrine of Constitutional Supremacy
Under the doctrine of constitutional supremacy, if a law
or contract violates any norm of the Constitution, that law
or contract, whether promulgated by the legislative or by
the executive branch or entered into by private persons
for private purposes, is null and void and without any
force and effect. Thus, since the Constitution is the
fundamental, paramount and supreme law of the nation,
it is deemed written in every statue and contract (Manila
Prince Hotel vs. GSIS, 267 SCRA 408 [1997]).
"People power"​ as a concept recognized in the
Constitution
Article III, Section 4 of the 1987 Constitution
guarantees the right of the people peaceable to
assemble and petition the government for redress of
grievances.
Article VI, Section 32 of the 1987 Constitution
requires Congress to pass a law allowing the people
to directly propose and enact laws through initiative
and to approve or reject any act or law or part of it
passed by Congress or a local legislative body.
Article XIII, Section 16 of the 1987 Constitution
provides that the right of the people and their
organizations to participate at all levels of social,
political, and economic decision-making shall not be
abridged and that the State shall, by law, facilitate the
establishment of adequate consultation mechanisms.
Article XVII, Section 2 of the 1987 Constitution
provides that subject to the enactment of an
implementing law, the people may directly propose
amendments to the Constitution through initiative.
Presidential vs. Parliamentary
In presidential government, there is separation of powers
between the executive and legislative departments. In
parliamentary, there is fusion of both executive and
legislative powers in Parliament, although the actual
exercise of executive powers is vested in a Prime
Minister who is chosen by and accountable to the
Parliament.
DOCTRINE OF AUTO-LIMITATION
The adherence of the Philippines to principles of
international law as a limitation to the exercise of its
sovereignty. It means that any state may, by its consent,
express or implied, submit to a restriction of its sovereign
rights (Reagan vs. CIR, No. L-26379, Dec. 27, 1969)
NATIONAL TERRITORY
The ARCHIPELAGIC DOCTRINE emphasizes the unity
of land and waters by defining an archipelago either as a
group of islands surrounded by waters or a body of
waters studded with islands. For this purpose, it requires
that baselines be drawn by connecting the appropriate
points of the "outermost islands to encircle the islands
within the archipelago. The waters on the landward side
of the baselines regardless of breadth or dimensions are
merely internal waters.
The ​Archipelagic Doctrine ​is reflected in the 1987
Constitution. Article I, Section 1 provides that the
national territory of the Philippines includes the
Philippine archipelago, with all the islands and waters
embraced therein; and the waters around, between, and
connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal
waters of the Philippines.
CONTIGUOUS ZONE ​is a zone contiguous to the
territorial sea and extends up to 12 nautical miles
from the territorial sea and over which the coastal
state may exercise control necessary to prevent
infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory or
territorial sea. (Article 33 of the Convention on the
Law of the Sea.)
The ​EXCLUSIVE ECONOMIC ZONE ​is a zone
extending up to 200 nautical miles from the baselines
of a state over which the coastal state has sovereign
rights for the purpose of exploring and exploiting,
conserving and managing the natural resources,
whether living or nonliving, of the waters superjacent
to the seabed and of the seabed and subsoil, and with
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regard to other activities for the economic exploitation
and exploration of the zone. (Articles 56 and 57 of the
Convention on the Law of the Sea.)
Constitution reserves to Filipino citizens the use and
enjoyment of the exclusive economic zone of the
Philippines.
Section 2. Article XII of the Constitution provides:
“The State shall protect the nation's marine part in its
archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment to
Filipino citizens." Section 7, Article XIII of the
Constitution provides: "The State shall protect the
rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal
marine and fishing resources, both inland and
offshore. It shall provide support to such fishermen
through appropriate technology and research,
adequate financial, production, and marketing
assistance, and other services. The State shall also
protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of
subsistence fishermen against foreign intrusion.
Fishworkers shall receive a just share from their labor
in the utilization of marine and fishing resources.
DECLARATION OF PRINCIPLES AND STATE
POLICIES
STATE IMMUNITY FROM SUIT
The State may not be sued without its consent (sec. 3,
Art. XVI). ​Basis: ​There can be no legal right against the
authority which makes the law on which the right
depends (republic vs. Villasor, 54 SCRA 83).
Test to determine if suit is against the State:
On the assumption that decision is rendered against the
public officer or agency impleaded, will the enforcement
thereof require an affirmative act from the State, such as
the appropriation of the needed amount to satisfy the
judgment? If so, then it is a suit against the State.
CONSENT TO BE SUED
Express Consent ​– express consent may be given by
the act of Congress in a general or a special law.
a. General Law like CA 327, as amended which requires
that all money claims against
the government must first be filed with the COA.
But in Amigable vs. Cuenca, 43, SCRA 360, an action
for recovery of the value of the property taken by the
government was allowed despite failure of the owner to
file his claim with the COA. The state immunity from suit
cannot be used to perpetrate an injustice.
An action for revocation of donation for failure of the
defendant to comply with the stipulated conditions was
allowed. The action did not involve a money claim
(Santiago vs. Republic, 87 SCRA 294).
b. Special law – this form of consent must be embodied
in a statute and cannot be given by a mere counsel
(Republic vs. Purisima, 78 SCRA 470).
PD 1620 – Immunity of IRRI may be waived by its
Director General.
Implied Consent
a. When the state commences a litigation, it
becomes vulnerable to a counterclaim (Froilan vs.
Pan Oriental Shipping, GR No. L-6060, Sept. 30, 1950).
• Intervention of the State would constitute
commencement of litigation if the State asks for
affirmative reliefs other than resisting the claims
against
b. When the State enters into a business contract.
Thus, contract bidded out for barbershop facilities in
Clark Field US Air Force was deemed commercial (US
vs. Guinto, 182 SCRA 644).
• But when the contract is in pursuit of a
sovereign activity [construction of wharves for
national defense], there is no waiver of immunity
(US vs. Ruiz, 136 SCRA 487).
• i. Contracts entered into for the
maintenance of a Diplomatic mission for the
upkeep of air conditioning units, generator sets,
etc., in the embassy is a governmental contract
(Republic of Indonesia vs. Vinzon, GR No.
154705, June 26, 2003). A provision in the
contract containing a statement that all legal
controversies shall be settled according to
Philippine laws does not necessarily mean waiver
of immunity.
• ii. The exercise of the power of eminent
​ ut without prejudice
domain is an act ​juri emperii b
to Amigable vs. Cuenca.
When public officers may be sued without prior
consent of the state ​(Sanders vs. Veridiano, 162 SCRA
88):
a) To compel him to do an act required by law;
b) To restrain him from enforcing an act claimed to
be unconstitutional;
c) To compel the payment of damages from already
appropriated assurance fund;
d) To refund tax over-payments from fund already
available for the purpose;
e) When the judgment will not require any affirmative
act on the part of the State [sued in his personal
capacity];
f) Where the government itself has violated its own
laws;
▪ ​The unauthorized acts of government officials are not
acts of the state, thus the public officer may be sued and
held personally liable in damages.
▪ ​Where the public officer committed an ​ultra vires ​act,
or where there is showing of bad faith, malice or gross
negligence, the officer can be held personally
accountable even if such acts are claimed to have been
performed in connection with official duties (Wylie vs.
Rarang, 209 SCRA 357).
SUIT AGAINST GOVERNMENT AGENCIES
A. ​Incorporated ​– just look at the charter, if the charter
provides that it can sue and be sued, then suit will lie.
Samples:
1) National Irrigation Administration;
2) Municipal Corporations;
3) Department of Agriculture (Act No. 3038)
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B. ​Unincorporated ​– inquire into the principal functions
of the agency.
1) ​If governmental​; NO suit without consent.
Samples:
a. Bureau of Printing;
b. Bureau of Customs;
Note: ​even in the exercise of proprietary functions
incidental to its primary governmental function, an
unincorporated agency still cannot be sued without its
consent (Bureau of Printing vs. BPEA, 1 SCRA 3400.
2) ​If proprietary​; suit will lie.
When the state engages in principally proprietary functions,
then it descends to the level of a private individual (NAC vs.
Teodoro, 91 Phil. 207)
RESTRICTIVE STATE IMMUNITY
A state cannot invoke state immunity from suit when it
enters into a purely commercial contract.
Two Ways of Making IL Part of the Philippine Law:
DOCTRINE OF INCORPORATION
By virtue of this clause, our courts have applied the rules
of international law in a number of cases even if such
rules had not been previously been subject of statutory
enactments, because these GAPIL are deemed
automatically part of the law of the land (Kuroda vs.
Jalandoni, 42 OG 4282).
DOCTRINE OF TRANSFORMATION
Requires the enactment by the legislative body of such
international law principles as are sought to be part of
municipal law. (sample – RA 9851, punishing Genocide,
War Crimes, and Crimes against Humanity).
RULES IN CASE OF CONFLICT BETWEEN
INTERNATIONAL LAW AND MUNICIPAL LAW
A. ​International Court/Body deciding ​– International
Law should prevail.
B. ​Domestic Court deciding ​– efforts should first be
exerted to harmonize the seemingly conflicting laws. As
a rule, municipal law prevails. Ratio: Police power
cannot be bargained away through a medium of a treaty
or contract (Ichong vs. Hernandez, 101 Phil. 115.
Above is, however, subject to the following modifications
– (Review Lecture)
a) Conflict between Constitution and ​jus cogens n ​ orm –
jus cogens ​prevails. No derogation is allowed.
b) Conflict between Constitution and ​jus dispositivum ​-
Constitution prevails.
c) Conflict between Constitution and Treaty based on ​jus
dispositivum ​– Constitution prevails.
d) Statute and Norm of International law –
i. Statue vs. ​jus cogens ​norm – ​jus cogens ​prevails.
ii. Statute vs. ​jus dispositivum – ​ apply the rule on ​lex
posterior derogat priori ​and the general and special law
rule. That is, the later law governs and that special law
prevails over general law dealing on the same subject
matter.
Note: Civilian supremacy is ensured by the following
provisions:
a) Installation of the President (a civilian) as the
Commander-in-Chief of the AFP (sec. 18, Art. VII); and
b) Requiring the members of the AFP to swear to uphold
and defend the Constitution (sec. 5 [1], Art. XVI).
The separation of the Church and the State shall be
inviolable. This is reinforced by the following
provisions:
a) Freedom of religion clause (sec. 5, Art. III);
b) Non-registration of religious sect as political party
(sec. 2 [5], Art. IX-C);
c) No religious sectoral representative (sec. 5 [2], Art.
VI);
d) No appropriation for sectarian benefit (sec. 29 [2], Art.
VI).
Exceptions:
a) Exemption from taxation (sec. 28 [3], Art. VI);
b) Allowing appropriation for priest, etc. assigned to the
AF or to any penal institution or government orphanage
or leprosarium (sec. 29 [2], Art. VI);
c) Optional religious instruction for public elementary and
high school students (sec. 3 [3], Art. XIV);
d) Educational institutions established by religious
groups and mission boards (sec. 4 [2], Art. XIV).
TRANSPARENCY
The following are the constitutional provisions
reflecting the State policy on transparency in matters
of public interest:
1. "Subject to reasonable conditions prescribed by
law, the State adopts and Implements a policy of full
public disclosure of all its transactions involving public
interest."(Section 28, Article II)
2. The right of the people to information on matters of
public concern shall be recognized. Access to official
records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded to citizen, subject to
such limitations as may be provided by law." (Section
7, Article III)
3. The records and books of accounts of the
Congress shall be preserved and be open to the
public in accordance with law, and such books shall
be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to
and expenses incurred for each Member." (Section
20. Article VI)
4. The Office of the Ombudsman shall have the
following powers, functions, and duties:XXX XXX (6)
Publicize matters covered by its investigation when
circumstances so warrant and with due prudence,"
(Section 12, Article XI)
5. "A public officer or employee shall, upon
assumption of office, and as often as thereafter may
be required by law, submit a declaration under oath of
his assets, liabilities, and net worth. In the case of the
President, the Vice President, the Members of the
Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional
offices, and officers of the armed forces with general
or flag rank, the declaration shall be disclosed to the
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public in the manner provided by law." (Section 17,
Article XI)
POLICE POWERS
The power of promoting public welfare by restraining and
regulating the use of liberty and property. [The law of
overruling necessity]
(Tests for Valid Exercise of Police Power
a) ​Lawful Subject ​– the interests of the public in
general, as distinguished from those of a particular
class, require the exercise of the power. The activity or
property sought to be regulated must affect general
welfare.
The ordinary requirements of procedural due process
yield to the necessities of protecting vital public interests
through the exercise of police power. Thus, the Pollution
Adjudication Board is permitted by law and regulations to
issue ​ex parte ​cease and desist orders (PAD vs. CA,
195 SCRA 112).
b) ​Lawful Means ​– the means employed are reasonably
necessary for the accomplishment of the purpose, and
not unduly oppressive on individuals.
Note​: Both must concur (Ynot vs. IAC, GR No. 74457,
March 20, 1987)
It cannot be bargained away through the medium of a
treaty or a contract (Ichong vs. Hernandez, 101 Phil.
1155).
Taxing power may be used as an implement of police
power (Lutz vs. Araneta, 98 Phil. 148).
Eminent domain may be used as an implement to attain
police objective (ASLP vs. Sec. of Agrarian, 175 SCRA
343 [1989]).
Non-impairment contracts or vested rights clauses will
have to yield to the superior and legitimate exercise of
police power (Ortigas and Co. vs. CA, GR No. 126102,
Dec. 4, 2000).
POWER OF EMINENT DOMAIN
Jurisdiction is with the RTC. The primary issue to resolve
is the right to expropriate. Determination of value of the
property is merely incidental [secondary] (Barangay San
Roque vs. Heirs of Francisco Pastor, GR No. 138896,
June 20, 2000) Expropriation proceedings is incapable
of pecuniary estimation.
Requisites:
a) ​Necessity ​– the necessity must be genuine and of
public character.
b) ​Private property ​– generally, all property capable of
ownership may be expropriated; may include public
utility [service] (Republic vs. PLDT, L-18841, Jan. 27,
1969).
c) ​Taking in the constitutional sense ​– imports a
physical dispossession of the owner. However, in law,
the term has broader connotation as it may include
trespass without actual eviction of the owner, material
impairment of the value of the property or prevention
[easements and servitudes] of the ordinary uses for
which the property was intended (Cruz, 2007).
d) ​Public use ​– the general concept of meeting public
need of public exigency. The term “public use” has now
been held to be synonymous with public interest, public
benefit, public welfare and public convenience (Reyes
vs. NHA, GR No. 147511, Jan. 20, 2003).
Note: Right to Claim Just Compensation Does Not
Prescribe:
Where the private property is taken for public use
without first acquiring title thereto either through
expropriation or negotiated sale, the owner’s action to
recover the land or the value thereof does not prescribe
(NPC vs. Campos, Jr. GR No. 143643, June 27, 2003).
2 Stages of Eminent Domain Cases:
i i. Determination of the authority of the plaintiff to
exercise the power and the propriety of its exercise in
the context of the facts of the case;
ii ii. Determination of just compensation by the
court.
POWER OF TAXATION
It is the power by which the sovereign, through its
law-making body, raises revenue to defray the necessary
expenses of government. It is a way of apportioning the costs
of government among those who in some measure are
privileged to enjoy its benefits and must bear its burdens.
LIMITATIONS:
A. ​Inherent Limitations –
1. Public purpose;
2. Non-delegability of the power;
3. Territoriality or ​situs ​of taxation;
4. Exemption of government;
5. International comity.
B. Constitutional Limitations -
1. Due process of law - tax should not be confiscatory;
2. Equal protection clause;
3. Public purpose – tax for special purpose, treated as a
special fund and paid for such purpose only; when such
purpose is fulfilled, the balance, if any shall be
transferred to the general funds;
4. Double taxation – additional taxes are laid on the
same subject by the same taxing authority during the
same taxing period and for the same purpose;
Despite absence of specific constitutional prohibition,
double taxation will not be allowed if the same will result
in a violation of the equal protection clause.
5. Tax exemptions;
Where the tax exemption is granted gratuitously, it may
be revoked at will; but not if granted for a valuable
consideration (MCIAA vs. Marcos, 261 SCRA 667)
Majority votes of ALL the members of Congress required
in granting tax exemptions.
6. Non-imprisonment for non-payment of poll tax;
7. ART bills originating in the House of Representatives;
8. Non-impairment of contracts;
9. Non-impairment of SC jurisdiction over tax cases
TAX LICENSE FEE
To raise revenue – To regulate – a police
revenue measure measure
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Rate or amount to be Amount is limited to

collected is unlimited cost of issuing the
DUE PROCESS OF LAW
provided not license and the A law which hears before it condemns, which proceeds upon
confiscatory necessary inspection
inquiry and renders judgment only after trial.
or police surveillance,
EXTENT/SCOPE OF PROTECTION
except when imposed
Universal in application without regard to any difference
on non-useful
in race, color or nationality. Applies also to artificial
occupations
persons in so far as their property is concerned.
Imposed on persons or Paid for privileged of
1. Life;
property doing something but
2. Liberty; and;
the privilege is
3. Property.
revocable
In case of In case of Note: ​Public office is not a property right but
non-payment, non-payment,
nevertheless a protected right (Bince vs. COMELEC,
business or activity business becomes 218 SCRA 782).
does not become illegal
illegal
• Mandatory suspension from public office
pending criminal prosecution for violation of RA 3019 is
not deprivation of property without due process of law
(Libanan vs. Sandiganbayan, 233 SCRA 163).
NON-IMPAIRMENT OF CONTRACTS
One’s employment, profession or trade or calling is a
Anything that diminishes the efficacy of the contract. There is
property right but is subject to reasonable regulation
substantial impairment when the law changes the terms of a
pursuant to the police power (Crespo vs. Provincial
legal contract between the parties, either in the time or mode Board, 160 SCRA 66).
of performance, or imposes new conditions, or dispenses
with those expressed, or authorizes for its satisfaction A mining license, being a mere privilege, may be
something different from that provided in its terms (Clements revoked, when public interest so requires (Republic vs.
vs. Nolting, 42 Phil. 702). Rosemoor Mining, GR No. 149927, March 30, 2004).

• The change must not only impair the obligation
of the existing contract, but the impairment must be
substantial and effect a change in the rights of the
parties with reference to each other, and not with respect
to non-parties (Phil. Rural Electric Coop. vs. Secretary of
DILG, GR No. 143076, June 10, 2003).
LIMITATIONS
• a) ​Police power ​– public welfare is superior to
private rights.
​ unicipal zoning ordinance is a police measure and
M establishments to issue receipts in English and Spanish
prevails over a restriction contained in the title to
property (Ortigas vs. Feati Bank, 94 SCRA 533).
​Regulation of rentals of dwelling units is an exercise of
police power and an exception to the non-impairment
clause (Canleon vs. Agus Dev. Corp., 207 SCRA 748).
​An AO probiting the assignment of salaries of teachers
to their creditors was not violative of the gurantee (Tiro
vs. Hontanosas, 125 SCRA 697).
​Existing share tenancy contracts conversion to
leasehold tenancy through the exercise of police power
(Ilusorio vs. CAR, 17 SCRA 25).
​ ut the substitution of a mortgage with a security bond
B
for the payment of a loan violates non-impairment clause
(Ganzon vs. Inserto, 123 SCRA 713).
• b) Eminent Domain -
• c) Taxation –
• For both, see appropriate topics elsewhere.
NOTE: ​Franchises, privileges, licenses, etc., do not
come within the context of the guarantee.
SUBSTANTIVE DUE PROCESS REQUISITES
Requisites:
1. The interest of the public, in general, as distinguished
from those of a particular class, require the intervention
of the State ​[Lawful Subject];​
2. The means employed are reasonably necessary for
the accomplishment of the purpose and not unduly
oppressive on individuals ​[lawful means​].
• An ordinance requiring all laundry
was held valid (Kwong Sing vs. City of Manila, 41 Phil.
103).
• But a law prohibiting traders from keeping their
books accounts in a language other than English,
Spanish or any local dialect was held unconstitutional
(Yu Eng Cong vs. Trinidad, 271 US 500).
• A provision which provides that the surviving
spouse has no right to survivorship pension benefits if
the surviving spouse contracted marriage with the
pensioner within three years before the pensioner
qualified for pension benefit [sec 18, PD 1146] was
declared invalid (GSIS vs. Montesclaros, 434 SCRA 41).
PROCEDURAL DUE PROCESS REQUISITES
Requisites:
1. An impartial court/tribunal clothed with judicial power
to hear and decide the matter before it.
​ urisdiction must be lawfully acquired over the
2. J
person of the defendant and over the property which
is the subject matter of the proceeding. Otherwise,
decision is void.
​ he defendant must be given an opportunity to be
3. T
heard.

BILL OF RIGHTS
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• If it is not availed of, it is deemed waived without

violating the constitutional guarantee (Bautista vs. CA, ​ he act of the mayor in granting permit in favor of
T
GR No. 157219, May 28, 2004).
unidentified vendors while imposing numerous
• Unreasonable delay in the termination of the
requirements upon Baclaran Credit Cooperative violated
preliminary investigation by the Tanodbayan is violative
equal protection clause (Olivarez vs. Sandiganbayan,
of due process (Tatad vs. Sandiganbayan).
248 SCRA 700).
• When the petitioner was not given the chance to
present evidence, there is violation of due process, and
the Arbitrator’s decision is null and void (Unicraft ​ qual protection clause is not violated by an executive
E
Industries vs. CA, GR No. 134309, March 26, 2001). order issued pursuant to law, granting tax and duty
• Not all cases require trial-type hearing. incentives only to businesses an residents within the
Submission of position papers may be enough [in “secured area” of the Subic Special Economic Zone and
administrative proceedings], Mariveles vs. CA, GR No. denying the same to those who live within the Zone but
144134, Nov. 11, 2003). outside the “fenced-in” territory (Tiu vs. CA, GR No.
• To be heard may also by means of pleadings 127410, Jan. 20, 1999).
and not merely verbal arguments in court (Torres vs.
Gonzales, 152 SCRA 272). ​A compromise agreement between the PCGG and the
• The respondent is not entitled to notice and
hearing during the evaluation stage of the extradition Marcoses providing that the assets to be retained by
process. It is to accommodate the more compelling state Marcos family are exempt from all taxes violates equal
Interest to prevent the escape of potential extraditee protection clause (Chavez vs. PCGG, GR No. 130716,
(Sec. of Justice vs. Judge Lantion, GR No. 139465, Oct. Dec. 9, 1998).
17, 2000).
• The right of a party to cross-examine the witness An ordinance imposing a tax on a named taxpayer
against him in civil cases is an indispensable part of due [Ormoc Sugar Company], and none other, was held
process. invalid because it will not apply in case a new sugar
• The filing of a MR cures the defect of absence of central will be established It does not apply to present
a hearing (Chua vs. CA, 287 SCRA 33). and future condition and is limited to existing condition
only. (Ormoc Sugar Co. vs. Treasurer of Ormoc City (22
ADMINISTRATIVE DUE PROCESS ​(Ang Tibay vs. CIR, SCRA 603).
69 Phil. 635)
1. The right to a hearing, which includes the right to
present one’s case and submit evidence in support THREE TEST TO DETERMINE COMPLIANCE WITH
thereof; EQUAL PROTECTION OF THE LAW
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself; Rational Strict Intermediate
4. The evidence must be substantial; Basis Scrutiny Scrutiny
5. The decision must be rendered on the evidence Applicability
presented at the hearing, or at least contained in the Legislative Legislative Legislative
record and disclosed to the parties; classification classification classifications
6. The tribunal or any of its judges must act on its own in general, affecting based on
independent consideration of the facts and the law of the such as fundamental gender or
controversy and not simply accept the views of a pertaining to rights or illegitimacy
subordinated in arriving at a decision; and economic or suspect
7. The board or body should, in controversial questions, social classes
render its decision in such a manner that the parties to legislation
the proceeding will know the various issues involved, Legislative Purpose
and the reasons for the decision. Must be Must be Must be
legitimate compelling important
Relation of the classification to the purpose
EQUAL PROTECTION OF THE LAWS Classification Classification Classification
VALID CLASSIFICATION must be is the least must be
Persons or things ostensibly similarly situated may, rationally restrictive substantially
nonetheless, be treated differently if there is a basis for valid related to the means to related to the
classification. legislative protect the legislative
REQUISITES (B-A-G-A) purpose compelling purpose
1. B​ased on substantial distinctions which make State interest
real differences
2. A​pplies to present and future conditions EX POST FACTO LAW
3. G​ermaine to the purpose of the law An act which when committed was not a crime, cannot
4. A​pplies equally to all members of the same be made so by statute without violating the constitutional
class inhibition as to ex post facto laws. An ex post facto law is
one which: [US vs. Diaz-Conde, GR No. 18208, Feb. 14,
1922]
The withdrawal of franking privileges formerly granted to 1. ​Makes criminal an act ​done before the passage of
the judiciary but remain in the executive and legislative the law which was innocent when done;
branch was declared unconstitutional because the 3 2. ​Aggravates a crime​, or makes greater than it was,
branches are similarly situated [sec. 35, RA 7354] (Phil. when committed;
Judges Ass. vs. Prado, 227 SCRA 703).
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3. Changes the punishment and ​inflicts a greater
punishment ​than the law annexed to the crime when
committed;
4. ​Alters the legal rules of evidence​, and authorizes
conviction upon less or different testimony than the law
required at the time of the commission of the offense;
5. ​Assumes to regulate civil rights ​and remedies only,
but in effect imposing a penalty or deprivation of a right
for something which when done was lawful; and
6. ​Deprives a person accused of a crime of some
lawful protection ​to which he has
become entitled, such as protection of a former
conviction or acquittal, or a proclamation of amnesty.
CHARACTERISTICS:
a) Refers to criminal matters [not mere procedural laws];
b) It is retroactive in application;
c) It works to the prejudice to the accused.
The judge cannot motu proprio, initiate and subsequently
dismiss a criminal information without ay motion to that
effect being filed by the accused based on the alleged
violation of the latter’s right against ex post facto law and
double jeopardy (P. vs. Judge Nitafan, GR No.
107964-66, Feb. 1, 1999).
• Note: ​A law can never be an ex post facto as
long as it operates prospectively since its strictures
would cover only offenses committed after and not
before its enactment.
BILL OF ATTAINDER
It is a legislative act which inflicts punishment without trial. In
history, it is an act of the Parliament in England declaring that
the blood of certain person/s has/have been attainted (with
evil) and lacks heritable character.
CUSTODIAL INVESTIGATION
Section 12, Article III of the 1987 Constitution states that
any person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent and to have a competent and independent
counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except
in writing and in the presence of counsel.
DOUBLE JEOPARDY
Requisites:[DJ for the same offense]
1) ​Valid complaint or information ​–
• No DJ in Preliminary Investigation (Icasiano vs.
Sandiganbayan, 209 SCRA 377).
2) Filed before a competent court –
Subsequent filing of the case with a court of proper
jurisdiction, after it was erroneously filed with a court,
without territorial jurisdiction over the place where the
crime was committed, will not constitute DJ ((P. vs.
Puno,208 SCRA 550).
Where the criminal case was dismissed by the RTC so
that the appropriate information may be filed with the
Sandiganbayan which had jurisdiction, the defense of DJ
is not available (Cunanan vs. Arceo, 242 SCRA 88).
3) ​To which the defendant had pleaded ​–
The grant of motion to quash may be appealed by the
prosecution, without placing the accused under DJ,
because the accused has not been placed in [first]
jeopardy as there was yet been arraigned (sec. 9, Rule
117, ROC).
4) ​Defendant was previously acquitted or convicted,
or the case dismissed or otherwise terminated
without his express consent ​–
▪ ​The mere filing of two informations or complaints
charging the same offense does not yet afford the
accused in those cases the occasion to complain that he
is being placed in jeopardy for the same offense, for the
simple reason that the primary basis of the defense of
DJ is that the accused has already been convicted or
acquitted in the first case, or the same has been
terminated without his consent (P. vs. Miraflores, 115
SCRA 586).
DOCTRINE OF SUPERVENING EVENT
The accused may still be prosecuted for another offense
if a subsequent development changes the character of
the first indictment under which he may have already
been charged or convicted. (see sec. 7, Rule 117, ROC).
FREEDOM OF EXPRESSION, FREEDOM OF THE
PRESS
No law shall be passed abridging the freedom of speech,
of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for
redress of grievances.
Limitation: Freedom of expression is NOT absolute. it is
always subject to the police power of the State. This is
premised on the need to protect society from injurious
exercise of said freedom and the need to promote or
protect public welfare, public safety, public morals and
national security (Suarez, 2008).
FREEDOM FROM PRIOR RESTRAINT OR
CENSORSHIP
The arbitrary closure of a radio station DYRE was
held violative of freedom of expression (Eastern
Broadcasting vs. Dans, 137 SCRA 647).
​Prohibition against the use of taped jingles in mobile
units used in election campaign was in the nature of
censorship (Mutuc vs. COMELEC, 36 SCRA).
​Prohibition against radio commentators or columnists
from commenting on the issues involved in the
scheduled plebiscite on the organic law creating the
CAR was unconstitutional (Sanidad vs. COMELEC, 181
SCRA 529).
​Prohibition of posting of decals and stickers in mobile
units like cars and other moving vehicles was declared
unconstitutional for infringement of freedom of
expression (Adiong vs. COMELEC, 207 SCRA 712).
OVERBREATH DOCTRINE
A prohibition on the government from achieving its
purpose by “means unnecessarily broad, reaching
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constitutionally protected as well as unprotected activity.
The essence is that the government has gone too far.
GR: ​The established rule is that a party can question the
validity of a statute only if, as applied to him, it is
unconstitutional.
Exception: “FACIAL CHALLENGE”
The Overbreath Doctrine permits a party to challenge
the validity of a statute even though, as applied to him, it
is not unconstitutional, but it might be applied to others,
not before the Court, whose activities are constitutionally
protected. Invalidation of the statute “on its face” rather
than “as applied”, is permitted in the interest of
preventing a “chilling effect” on freedom of expression
(Cruz vs. Mendoza, Justice Mendoza, Concurring
opinion, GR No. 135385, Dec. 6, 2000).
Note: ​A facial challenge is the most difficult challenge to
mount successfully since the challenge must establish that no
set of circumstances exists under which the act would be
valid (Estrada vs. Sandiganbayan, GR No. 148560, Nov. 19,
2001).
Doctrine of Fair Comment - ​[as a valid defense in an
action for libel or slander]:
Fair commentaries on matters of public interest are privileged
and constitute a valid defense in an action for libel or slander.
The doctrine means that while in general every discreditable
imputation publicly made is deemed false, because every
man is presumed innocent until his guilt is judicially proved,
and every false imputation is deemed malicious,
nevertheless, when the discreditable imputation is directed
against a public person in his public (official) capacity, it is not
necessarily actionable.
TESTS OF VALID GOVERNMENTAL INTERFERENCE
a) ​Clear and Present Danger Rule ​– whether the words
are used in such circumstances and of such a nature as
to create a clear and present danger that will bring about
the substantive evils that the State has the right to
prevent (Schenck vs. US, 249 US 97).
Note: ​“Clear” indicates causal connection with the
danger of the substantive evil from the utterance in
question while “present” indicates time element,
identified with imminent and immediate danger; the
danger must not only be probable but very likely
inevitable (Gonzales vs. COMELEC, No. L-27833, April
18, 1969).
• It seems that there is more inclination to apply
the clear and present danger rule.
b) ​Dangerous Tendency Rule ​– the words uttered
create a dangerous tendency of an evil which the State
has the right to prevent. It is sufficient if the natural
tendency and the probable effect of the utterance were
to bring about the substantive evil that the legislative
body seeks to prevent (Cabansag vs. Fernandez, 102
Phil. 152).
c) ​Balancing of Interests Test ​– when particular
conduct is regulated in the interest of public order, and
the regulation results in an indirect, conditional, or partial
abridgment of speech, the duty of the courts is to
determine which of the two conflicting interests demands
the greater protection under the circumstances
presented (American Communication Ass. vs. Douds,
339 US 282).
FREEDOM TO ASSEMBLY
The right to assemble is not subject to prior restraint. It
may not be conditioned upon the prior issuance of a
permit or authorization. However, the right must be
exercised in such a way as well not prejudice public
welfare.
Thus, if the assembly is to be held in a public place, a
permit for the use of such place, and NOT for the
assembly itself. The power of local officials is merely one
of regulation (Primicias vs. Fugoso, 80 Phil. 71).
Or where the right is exercised by public school teachers
during regular school days instead of during free time,
the teachers committed acts prejudicial to the best
interest of the service (De la Cruz vs. CA, GR Nos.
126183 & 129221, March 25, 1999).
NO PERMIT IS REQUIRED (Public Assembly Act)
1) Meeting is to be held in a private place; or
2) In the campus of a government-owned or operated
educational institution; or
3) In freedom parks.
FREEDOM OF RELIGION
NON-ESTABLISHMENT CLAUSE
This means that the State cannot set up a church, nor pass
laws which aid one religion, aid all religion, or prefer one
religion over another, nor force nor influence a person to go
or remain away from church against his will or force him to
profess a belief or disbelief in any religion (Everson vs. Board
of Education, 30 US 1).
FREE EXERCISE CLAUSE
Aspects ​of Freedom of Religious Profession and
Worship:
1) ​Right to believe ​[which includes the right NOT to
believe] – absolute.
2) ​Right to act on one’s beliefs ​– this is subject to
regulation pursuant to the police power.
​The Court upheld the right of the petitioners to refuse
to salute the Philippine flag on account of their religious
scruples (Ebralinag vs. Division Superintendent, 219
SCRA 256 [1993]).
The SC upheld the constitutionality of RA 3350,
exempting members of religious from being compelled to
join a labor union (Victoriano vs. Elizalde Rope Workers,
59 SCRA 54).
​The SC recognized the right to proselytize as part of
religious freedom, and invalidated the application of a
city ordinance imposing license fees on the sale of
religious merchandize (American Bible Society vs. City
of Manila, 101 Phil. 386).
THE COMPELLING STATE INTEREST TEST
Benevolent neutrality ​recognizes that government must
pursue its secular goals and interests, but at the same time,
strive to uphold religious liberty to the greatest extent
possible within the flexible constitutional limits. Thus,
although the morality contemplated by law is secular,
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benevolent neutrality could allow for accommodation of
morality based on religion, provided that it does not offend
compelling state interest (Estrada vs. Escritor, AM No.
P-02-1651, Aug. 4, 2003).
PRIVACY OF CORRESPONDENCE
The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.
Any evidence obtained in violation of this shall be
inadmissible for any purpose in any proceeding.
LIBERTY OF ABODE AND RIGHT TO TRAVEL
Limitation on the liberty of abode: ​Lawful order of the court
within the limits prescribed by law.
Limitation on the right to travel: ​interest of national
security, public safety or public health, as may be
provided by law.
​An administrative order suspending the deployment of
female domestic helpers abroad was upheld (PASE vs.
Drilon, supra).
​ he SC sustained the refusal of the government to
T
allow the petitioner’s return to the country on the ground
that it would endanger national security (Marcos cs.
Manglapus, 178 SCRA 760).
Note: ​A lawful order of the court is also a valid restriction on
the right to travel. The court may validly refuse to grant the
accused permission to travel abroad, even if he is out on bail
(Manotoc vs. CA, 142 SCRA 149).
RIGHT OF THE ACCUSED
CRIMINAL DUE PROCESS ​(Mejia vs. Pamaran, 160
SCRA 457):
1) The accused has been heard in a court of competent
jurisdiction;
2) The accused is proceeded against the orderly process
of law;
3) The accused has been given notice and the
opportunity to be heard; and
4) The judgment rendered was within the authority of a
constitutional law.
​The ​unreasonable ​delay in resolving a complaint by
the Ombudsman violates due process and speedy trial
(Roque vs. Ombudsman, GR No. 129978, May 12,
1999).
​ lso ​unreasonable d
A ​ elay in the termination of
preliminary investigation violates due process (Tatad vs.
Sandiganbayan, 159 SCRA 70).
​However, when the delay is due to complexity of the
issues, or the petitioner’s own acts, there is no violation
of due process and speedy trial (Santiago vs.
Garchitorena, 228 SCRA 214).
PRESUMPTION OF INNOCENCE
Every circumstance favoring the innocence of the
accused must be taken into account. The proof against
him must survive the test of reason; the strongest
suspicion must not be permitted to sway judgment (P.
vs. Austria, 195 SCRA 700).
RIGHT TO BE HEARD BY HIMSELF AND
COUNSEL
The right to counsel during trial is not subject to waiver
because “even the most intelligent or educated man may
have no skill in the science of law, particularly in the
rules of procedure, and without counsel, he may be
convicted not because he is guilty but because he does
not know how to establish his innocence (P. vs.
Holgado, 86 Phil. 752).
RIGHT TO BE INFORMED OF THE NATURE AND
CAUSE OF THE ACCUSATION AGAINST HIM
To arraign an accused while he is in a state of insanity will
violate the right of the accused to be informed of the nature
and cause of the accusation against him (P. vs. Alcalde, GR
No. 139225-26, May 29, 2002).
VOID FOR VAGUENESS RULE
Where the statute itself is couched is such indefinite
language that it is not possible for men of ordinary
intelligence to determine therefrom what acts or
omissions are punished, there is violation of the right to
be informed of the nature and cause of accusation ​and
due process (Estrada vs. Sandiganbayan, GR No. 148560, Nov.
19, 2001).
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL.
A trial free from vexatious, capricious and oppressive
delays. But justice and fairness, not speed, are the
objectives. (Acevedo vs. Sarmiento, 36 SCRA 247).
RIGHT TO FACE THE WITNESS FACE TO FACE.
[aka the Right of Confrontation]
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 vs. Javier, GR No. 12990, Jan. 21, 1918).
THE RIGHT TO COMPULSORY PROCESS TO
SECURE THE ATTENDANCE OF WITNESSES AND
PRODUCTION OF EVIDENCE.
TRIAL IN ABSENTIA
Whenever the accused has been arraigned, notified of
date/s of hearing, and his absence is unjustified, trial
shall proceed despite the absence of the accused.
Purpose: ​To speed up the disposition of criminal cases,
trial of which could, in the past, be indefinitely deferred,
and many times completely abandoned, because of the
defendant’s escape (P. vs. Agbulos, 222 SCRA 196).
Note: Presence of the accused is mandatory:
1) During arraignment;
2) During trial for identification;
3) During promulgation of sentence, except for light
offenses;
An accused who jumps bail, escapes from confinement,
or flees to a foreign country, loses standing in court, and
unless he surrenders or submits himself to the
jurisdiction of the court, he is deemed to have waived his
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right to seek relief from the court, including the right to
appeal his conviction (P vs. Mapalao, 197 SCRA 79).
THE RIGHT AGAINST SELF-INCRIMINATION
(Availability)
Available not only in criminal prosecutions but also in all
other government proceedings, including civil actions
and administrative or legislative investigations. It is
available not only to the accused but also any witness to
whom a question calling for an incriminating answer is
addressed.
WRIT OF HABEAS CORPUS (​Amparo Libertad)​
It is a writ directed to the person detaining another and
commanding him to produce the body of the prisoner at
a certain time and place, with the day and the cause of
his caption and detention, to do, to submit to, and
receive whatsoever the court or judge awarding the writ
shall consider in his behalf.
Writ of Amparo ​[AM No. 07-9-12-SC]
Is a remedy available to any person whose right to life,
liberty and security is violated or threatened with
violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced
disappearances or threats thereof.
The Writ of Habeas Data ​[AM No. 08-1-16-SC]
The writ of habeas data is a remedy available to any
person whose right to privacy in life, liberty or security
is violated or threatened by an unlawful act or omission
of a public official or employee, or of a private individual
or entity engaged in the gathering, collecting or storing
of data or information regarding the person, family,
home and correspondence of the aggrieved party.
SEARCHES AND SEIZURES
The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any
purpose shall be inviolable, and ​no search warrant or
warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and
the persons or things to be seized.​ (MEMORIZE)
WARRANTLESS SEARCHES AND SEIZURES
1. Right voluntarily waived;
The consent must be voluntary, unequivocal, specific and
intelligently given, uncontaminated by any duress or
coercion. It cannot be lightly inferred but must be proved
by clear and convincing evidence. The burden of proof is
upon the State (Caballes vs. CA, GR NO. 136292, Jan. 15,
2002).
2. Routine airport security procedure as allowed
under RA 6235.
Strip search in the ladies’ room was held valid under the
circumstance (P. vs. Canton, GR No. 148825, Dec. 27,
2002)
3. When there is valid reason to “stop and frisk”.
The right of a police officer to stop a citizen on the street,
interrogate him and pat him for weapons whenever he
observes unusual conduct which leads him to conclude
that criminal activity may be a foot ​[Terry Search] ​(Terry
vs. Ohio).
Requisite: ​The apprehending officer must have
a genuine reason, in accordance with the police
officer’s experience and the surrounding conditions,
to warrant a belief that the person to be held has
weapons or contraband concealed about him. ​The
search must precede the arrest.
A suspicion because the petitioner’s “eyes were moving
fast” does not justify a search under this rule (Malacat vs.
CA, GR No. 123595, Dec. 12, 1997).
4. Where the search is an incident to a lawful
arrest.
Requisites:
i. ​It is necessary that the apprehending officer must have
been spurred by ​probable cause ​in effecting the arrest
which could be considered as on in cadence with the
instances of permissible arrests enumerated in sec. 5,
Rule 113, ROC;
​ ith the arrest;
ii. ​Search is ​contemporaneous w
​ hus, where the officers, after conducting a buy-bust,
T
reported to the office and subsequently return to the
place of sale to conduct a search, such search is invalid.
​ f search – includes
iii. ​Made within the ​permissible area o
the premises or surroundings under his immediate
control.
​Thus, the search inside the house where the buy-bust
operation was conducted outside the house is invalid
(Espano vs. CA, 288 SCRA 558).
Note: Under this exception, the valid arrest must
precede the search. The process cannot be reversed (P.
vs. Chua Ho San, GR NO. 128222, June 17, 1999).
5. Search in vessels and aircrafts
6. Search in moving vehicles (Extensive if there is
probable cause. Visual search if otherwise.)
7. Inspection of buildings and other premises for
the enforcement of fire, sanitary and building
regulations.
8. When prohibited articles are in plain view
Requisites: ​(P. vs. Aruta, GR No. 120515, April 13,
1998).
i. Prior ​valid intrusion b ​ ased on the valid warrantless
arrest in which the police are legally present in the
pursuit of their official duties;
• Valid intrusion includes being present in the
place by reason of a warrantless arrest, search with a
search warrant for other object sought, search incidental
to lawful arrest and other legitimate reasons
unconnected with a search directed against the accused
(United Lab. vs. Isip, GR No. 163858, June 28, 2005).
ii. The evidence is ​inadvertently ​discovered;
iii. Evidence is ​immediately ​apparent w ​ ithout any
further search;
iv. ​Illegality ​of the evidence must be apparent.
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The apparent illegality does not require unduly high
degree of certainty as to the incriminating character of
the evidence. What is required is merely a probable
cause to associate the property with a criminal activity
(United Lab. vs. Isip, supra).
Note: ​An object is in plain view if the object itself is
plainly exposed to sight. Where the object is in a closed
package, the object is not in plain view.
Exception: when the package proclaims its
contents, whether by its distinctive configuration,
its transparency, or if its contents are obvious to
the observer (Caballes vs. CA, supra).
9. Search and seizure under emergency;
10. Search and seizure by private individual;
11. Search in open field;
12. Search of an office computer assigned to a
government employee;
Search of an office computer assigned to a
government employee.
The search of office computer, where personal files
were stored and used by the government employer
as evidence against the respondent in an
administrative case (misconduct), was held
reasonable by SC under the circumstances. There
was no violation of the constitutional right to privacy
as guaranteed by section 2, Article III of the
Constitution. (Pollo vs. Constantino-David, GR No.
181881, Oct. 18, 2011, En Banc).
WARRANTLESS ARREST
1. When the person to be arrested has committed, is
committing, or is attempting to commit an offense in
his presence. [​in flagrante delictu]​ .
2. When the offense had just been committed and
there is probable cause to believe, based on his
personal knowledge o ​ f facts or of other
circumstances, that the person to be arrested has
committed the offense. [​Hot Pursuit​].
3. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
4. Right voluntarily waived
No person shall be imprisoned for debt or
non-payment of a poll tax.
The trial court’s order for the arrest of the defendant for
failure, owing to his insolvency, to pay past and present
support was held invalid by the SC (Sura vs. Martin, 26
SCRA 286).
A warrant of arrest on the strength of a criminal
complaint charging the accused with “willful
non-payment of debt” was annulled by the SC (Serafin
vs. Lindayag, 67 SCRA 166).
CITIZENSHIP
The following are citizens of the Philippines:
(1)Those who are citizens of the Philippines at
the time of the adoption of this Constitution;
(2)Those whose fathers or mothers are citizens of
the Philippines;
(3)Those born before January 17, 1973, of
Filipino mothers, who elect Philippine Citizenship
upon reaching the age of majority; and
(4)Those who are naturalized in the accordance
with law.
DUAL ALLEGIANCE VS DUAL CITIZENSHIP
An individual may have 2 or more citizenship but
owe allegiance to one State. Taking for example
RA no. 9225 providing for retention of Philippine
citizenship among natural born Filipino citizens.
Dual citizenship arises when, as a result of the
concurrent application of the different laws of two
or more states, a person is simultaneously
considered a national by those states and is
involuntary. Dual allegiance refers to the
situation in which a person simultaneously owes
by some positive and voluntary act, loyalty to
two or more states (Mercado vs. Manzano, 307
SCRA 630 [1999]).
NATURAL BORN FILIPINO
Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.
Offices which may only be occupied by natural-born
Filipino citizens:
a. Elective Office –
i. President;
ii. Vice-President;
iii. Senators;
iv. Members of the House of Representatives.
b. Appointive Offices –
i. Chief Justice and Members of the SC or any lower
collegiate court;
ii. Chairman and Members of Constitutional
Commissions;
iii. Ombudsman and the Deputy Ombudsman;
iv. Member of the governing board of the Monetary
Board;
v. Chairman and members of the CHR.
WAYS OF REACQUIRING CITIZENSHIP
a) Taking the oath of allegiance under RA 9225;
b) Naturalization;
c) Repatriation of women under RA 8171;
d) Repatriation of deserters of the armed forces;
See PD 725.
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When Repatriation Takes Effect:
It retroacts to the date of filing of the application (Frivaldo
vs. COMELEC, 257 SCRA 727).
Effect of Repatriation:
Return to his original status before he lost his Philippine
citizenship. Thus, a former natural born Filipino citizen is
deemed to have recovered his natural-born status
through repatriation (Bengzon vs. HRET, GR No.
142840, May 7, 2001).
See RA 8171.
e) By direct act of congress.
REPATRIATION
Under the ruling in Bengson v. House of
Representatives Electoral Tribunal. 357 SCRA 545
[2001], by virtue of repatriation, a personis restored to
his original status as a natural-born Filipino citizen.
LEGISLATIVE DEPARTMENT
LEGISLATIVE POWER
The power to propose, enact, amend and repeal laws.
Nature of Legislative Power
The authority to make laws and to alter and repeal them
and vested in Congress, except to the extent reserved to
the people by the provisions on initiative and
referendum.
APPROPRIATION OF PUBLIC FUNDS
All ​appropriation​, ​revenue or tariff bills, bills authorizing
increase of the ​public debt​, bills of ​local application​, and
private bills​, shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with
amendments. (A-P-R-I-L)
The President shall have the power to veto any particular
item or items in an ​appropriation, revenue, or tariff bill​, but
the veto shall not affect the item or items to which he does
not object. (A-R-T)
POWER OF AUGMENTATION
REQUISITES
a. There must be surplus at the end of the fiscal year
b. There must be a law allowing the exercise of
augmentation
c. The project for which needs to be augmented with
funds is an item found in the General Appropriations
act
d. The augmentation must not be a cross-border
transfer of funds. Limited to each province of the
three great branches of the government.
COMMISSION ON APPOINTMENT
Composition –
i i. Senate President, as ex oficio chairman;
ii ii. 12 Senators, and 12, Representatives, elected
based on proportional representation.
▪ ​Note: ​It is not mandatory to elect 12 senators to the
Commission, what the Constitution requires is that there
must be at least a majority of the entire membership
(Guingona vs. Gonzales, 214 SCRA 789).
▪ ​For the Senate, a political party must have at least 2
members to be entitled to one seat in the Commission.
Rounding off is not allowed (Ibid).
▪ ​The Commission on Appointments is independent of
the two Houses of Congress; its employees are not
technically employees of Congress. It has the power to
promulgate its own rules of procedure.
MODES OF REMOVAL
In accordance with Art. III, section 16(3), of the
Constitution, Senators and Congressmen may be
removed by their EXPULSION for disorderly
behavior, with the concurrence of at least two-thirds
of all the members of the House to which they
belong. In addition, they may also be removed in
consequence of an election contest filed with the
Senate or House of Representatives Electoral
Tribunal.
QUALIFICATION OF MEMBERS OF CONGRESS
QUALIFICATIONS: [Senator]
1) Natural-born citizen;
2) At least 35 years old, on the election day;
The age qualification must be possessed on the election
day, that is, when the polls are opened and the votes are
cast and not on the day of the proclamation.
3) Able to read and write;
4) Registered voter;
5) Resident of the Philippines for at least 2 years
immediately preceding Election Day.
QUALIFICATIONS: regular member of House of
Representative
1) Natural-born citizen;
2) At least 25 years old, on the day of election;
3) Able to read and write;
4) Registered voter in the district in which he shall be
elected, except for party-list representatives;
5) A resident in the district for not less than 1 year
immediately preceding the election day.
DISQUALIFICATIONS:
a) ​Incompatible office ​(1​st ​part) –
Forfeiture of the seat in Congress shall be automatic
upon the member’s assumption of such other office
deemed incompatible with his seat in Congress (Adaza
vs. Pacana, 135 SCRA 431).
The rule does not apply where the office is only in an ​ex
oficio c​ apacity. It is deemed part of the function of his
principal office.
b) ​Forbidden office ​(2​nd ​part) –
The ban against appointment to the office created or
emoluments thereof increased shall, however, last only
for the duration of the term for which the member was
elected.
Qualifications: [party-list representative]
1) natural-born citizen;
2) a registered voter;
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3) a resident of the Philippines for a period of not less member of Congress (Aquino vs. COMELEC, 248 SCRA
that one year immediately preceding the day of the 400).
election; REVIEW OF DECISIONS
4) able to read and write; Its decisions may be reviewed by the SC only upon
5) bona fide member of the party or organization which showing of grave abuse of discretion in a petition for
he seeks to represent for at least 90 days preceding the certiorari filed under Rule 65 (Pena vs. HRET, GR No.
day of the election; and 123037, March 21, 1997).
6) at least 25 years of age on the day of the election. In
case of the youth sector, he must at least be 25 but not
more than 30 years old on the day of the election (sec. SEPARATION OF POWER
9, RA 7941). The Power of Legislative Investigation
May refer to the implementation or re-examination of any
law or appropriation, or in connection with any proposed
(Section2(5), Article IX-C of the Constitution). Under legislation or for the formulation of or in connection with
the law, the following are grounds for future legislation, or will aid in the review or formulation
disqualification for registration in the party-list of a new legislative policy or enactment (Senate Rules
system: Governing Inquiries in Aid of Legislation).
1. It is a religious sect or denomination, organization Limitations:
or association organized for religious purposes; i i. It must be in aid of legislation (Bengzon vs.
2. It advocates violence or unlawful means to seek Senate Blue Ribbon, 203 SCRA 767);
its goal; ii ii. In accordance with duly published rules of
3. It is a foreign party or organization; procedure;
4. It is receiving support from any foreign iii As the Senate of each Congress acts separately
government, foreign political party, foundation, and independently of the Senate of the Congress before
organization, whether directly or through any of its it, the same is required to republish the Rules in order to
officers or members or indirectly through comply with sec. 21 (Neri vs. Senate, GR No. 180643,
third parties for partisan election purposes; Sept. 4, 2008).
5. It violates or fails to comply with laws, rules or iv iii. Right of persons appearing, in, or affected by
regulations relating to elections; such inquiry, shall be respected;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; Thus, right against self-incrimination is available even in
legislative investigations in aid of legislation.
Four Inviolable Principles under RA 7941 and the
Constitution: ​(Veterans Federation Party vs. Sec. 21 Legislative Sec. 22 Oversight
COMEMLEC, GR No. 136781, Oct. 6, 2000) Investigation Function
As to persons who may appear
a) ​The 20% allocation​. The combined number of all the Any person Only a department
party-list congressmen shall not exceed 20% of the total head
membership of the House of Representatives; As to who conducts investigation
b) ​The 2% threshold​. Only those parties garnering a Committees Entire body
minimum of 2% of the total votes cast for the party-list As to subject matter
system are qualified to have a seat in the House;
Any matter for the Matters related to the
c) ​The 3 seat limit. Each qualified party, regardless of
purpose of legislation department only
the number of votes it actually obtained, is entitled to a
As to purpose
maximum of 3 seats;
d) ​Proportional representation. The additional seats In aid of legislation, the The objective of which
which a qualified party is entitled to shall be computed aim to which is to elicit is to obtain information
information that may in pursuit of oversight
“in proportion to their total number of votes”.
be used for legislation function
The continued operation of the 2% threshold as it As to attendance
applies to the allocation of the additional seat is ​now Compulsory Discretionary hence it
unconstitutional ​because this threshold mathematically is valid for the
prevents the filling-up of the available party-list seats. President to require
The additional seats shall be distributed to the parties in that the consent be
a second round of seat allocation (Barangay Ass. for required first before
National Advancement [BANAT] vs. COMELEC, GR No. her subordinates
179271, April 21, 2009). appear
As to compelling power of Congress
Can compel the Congress cannot
ELECTORAL TRIBUNAL attendance of compel appearance of
POWER: ​The SET and HRET shall be the ​sole judge ​of executive officials, executive officials if no
all contests relating to the election, returns and except the President consent is given.
qualifications of their respective members.
Electoral Tribunal may assume jurisdiction only after the DELEGATION OF POWERS
winning candidate shall have been duly proclaimed, has The Rule is that what has been delegated cannot be
taken his oath of office and assumed the functions of the re-delegated (​Potestas delegata non potest delegare)​ .
office, because it is only then that he is said to be a The delegated power constitutes not only a right but a
duty to be performed by the delegate through the

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instrumentality of his own judgment and not thorough the
intervening mind of another.
EXECUTIVE DEPARTMENT
QUALIFICATIONS
[President and V-President]
i. Natural-born citizen;
ii. Registered voter;
iii. Able to read and write;
iv. At least 40 years old on the election day;
v. Resident of the Philippines for at least 10 years
immediately preceding such election.
POWERS
Executive Power ​– (sec. 1, art. VII)
i. The power of carrying out the law into practical
operation and enforcing their due observance. It is the
power to execute and to administer the laws.
ii. Power to reorganize the Office of the President;
The President has the continuing authority to reorganize
the national government, which includes the power to
group, consolidate bureaus and agencies, to abolish
offices, to transfer functions, to create and classify
functions, services and activities and to standardize
salaries and materials; it is effected in good faith if it is
for the purpose of economy or to make bureaucracy
more efficient (MEWAP vs. Executive Sec., GR No.
160093, July 31, 2007).
Residual Powers: ​It is the power borne by the
President’s duty to preserve and defend the Constitution.
It may also be viewed as a power implicit in the
President’s duty to take care that the laws are faithfully
executed.
Faithful Execution Clause
Faithful execution of the laws requires that the President
desist from implementing the law if doing so would
prejudice public interest. An example given is when
through efficient and prudent management of a project,
substantial savings are made. In such a case, it is sheer
folly to expect the President to spend the entire amount
appropriated in the law (​ PHILCONSA ​vs. E ​ nriquez, 235
SCRA 506, Aug. 9, 1994).
The Doctrine of Executive Immunity:
The doctrine means that the executive will be protected
from personal liability for damages not only when he acts
within his authority, but also when he is without authority,
provided that he actually used discretion and judgment,
that is, the judicial faculty in determining whether he had
authority to act or not.
Executive Privilege – right of the President and
high-level executive officials to withhold information from
Congress, the courts and ultimately, the public.
APPOINTING POWER
APPOINTMENT WHICH REQUIRES CONSENT FROM
COMMISSION ON APPOINTMENT
Under Section 16, Article VII of the Constitution
1. Head of executive departments;
2. Ambassadors, other public ministers and consuls;
3. Officers of the armed forces from the rank of
colonel or naval captain;
4. Other officers whose appointments are vested in
him by the Constitution;
OTHER APPOINTMENT WITHOUT NEED OF CA CONSENT
1. All other officers of the government whose
appointments are not otherwise provided by
law; and
2. Those whom he may be authorized by law to
appoint.
AD INTERIM APPOINTMENT; ACTING VS
PERMANENT
Permanent – are those extended to persons possessing
the requisite eligibility and are thus protected by the
constitutional guarantee of security of tenure.
b) Temporary – are those given to persons without
eligibility, revocable at will and without necessity of just
cause or a valid investigation; made on the
understanding that the appointing power has not yet
decided on a permanent appointee and that the
temporary appointee may be replaced at any time a
permanent choice is made.
• Note: ​temporary appointment and a designation
are not subject to confirmation by the Commission on
Appointments., even if given erroneously, it will not make
the appointment permanent (Valencia vss. Peralta, 8
SCRA 692).
• c) Regular – one made by the President while
Congress is in session, takes effect only after
confirmation by the Commission on Appointments, and
once approved, continues until the end of the term of the
appointee.
• d) ​Ad interim ​– one made while the Congress is
not in session, takes effect immediately, but ceases to
be valid if disapproved by the Commission on
Appointments, or upon the next adjournment of
Congress.
TREATY AND EXECUTIVE AGREEMENT
No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the
Members of the Senate.
The power to ratify is vested in the President, subject to the
concurrence of the Senate. The role of the Senate, however,
is limited only to giving or withholding its consent, or
concurrence to the ratification.
Distinguish treaty from an executive agreement.
a. ​A treaty is an international agreement involving
political issues or changes of national policy. It is of a
permanent character. An executive agreement embodies
adjustments of detail carrying out well-established
national policies and traditions and those involving
arrangements of a more or less temporary nature.
b. ​A treaty is a more formal document. An executive
agreement is a less formal document such as exchange
of notes, agreements and protocol.
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c. ​A treaty may pertain to subjects such as military vii. Applicability: Only to persons judicially charged for
alliance, extradition, etc. An executive agreement covers rebellion or offense inherent in or necessarily connected
such subjects as commercial and consular relations, with invasion.
most favored nation rights, patent rights, trademark and viii. Period of detention: 3 days, otherwise, he shall be
copyright protection, postal and navigational released.
arrangements and the settlement of claims.
d. ​A treaty requires ratification by at least 2/3 of all
members of the Senate. An executive agreement does PARDON AND AMNESTY
not require such ratification. (Commissioner of Customs PARDON AMNESTY
vs. Eastern Sea Trading, 3 SCRA 351). Pardon is granted by the Proclamation by the
Chief Executive Chief Executive and
Requisites for Validity of Treaty concurrence of Congress
a) Treaty-making capacity. Must be pleaded and Need not be alleged and
proved (private proved (public
Every State possesses the capacity to conclude treaties, act of the president) act which the courts can
as an attribute of sovereignty. International take judicial notice)
organizations, also possess treating capacity, although
may be limited by the purpose and the constitution of
such organizations. Pardon is granted only Can be granted generally
b) Competence of the representative/organ after final conviction at any time even before
concluding the treaty. prosecution is
commenced or after
Generally, the Head of State exercises the treaty-making conviction
power. In our country, it is the President who exercises
the power, subject to the concurrence of 2/3 of all the Generally available to Generally granted to
members of the Senate.
any class of crimes persons who are guilty of
c) Consent freely given. political offenses
The consent may be expressed by signature, exchange
of instruments constituting a treaty, ratification, approval
or accession, or by other means manifesting consent.
Pardon looks forward and Looks backwards and
Where consent is given in error or induced through
relieves the offender from abolishes and puts into
fraud, the treaty is voidable.
the imposition of the oblivion the offense itself
Doctrine of Unequal Treaties: ​Treaties which have
penalty but does not work and the person stands
been imposed, through coercion or duress, by a State of
for the restoration of the before the law as though
unequal character, are VOID.
rights to hold public he had committed no
d) Lawful subject/object.
office, or the right of crime
suffrage, and other Hence, the accused is
It must be within the commerce of nations and in
vestiges of the crime (like not considered a
conformity with international law.
moral turpitude) unless recidivist (US vs.
However, the object is deemed illegal only when it
expressly remitted in the Francisco, 10 Phil. 185).
contravenes or departs from an absolute or imperative
pardon)
rule or prohibition of international law.
e) Ratification in accordance with Constitutional
processes of the parties.
Section 21, Art. VII, 1987 Const. ​No treaty or JUDICIAL DEPARTMENT
international agreement shall be valid and
effective unless concurred in by at least POLITICAL QUESTIONS
two-thirds of all the Members of the Senate. POLITICAL QUESTION
It means, in ordinary parlance, namely a question of
policy. It is concerned with issues dependent on wisdom,
MARTIAL LAW AND SUSPENSION OF PRIVILEGE not legality, of a given measure. It refers to either –
OF THE WRIT OF HABEAS CORPUS a. Under the Constitution, are to be decided by the
i. Grounds: ​invasion or rebellion, when public safety people in their sovereign capacity; or
requires it. b. In regard to which, full discretionary authority has
ii. Duration: ​not to exceed 60 days​, following which it been delegated to the executive or legislative branch of
shall be lifted, unless extended by Congress. the government.
iii. Duty to report to Congress: ​within 48 hours,
personally or in writing. JUDICIAL REVIEW OF APPOINTMENTS
iv. Congress’ power: may revoke or extend, on request An appointment is generally a political question so long
of the President, the effectivity of the proclamation by a as the appointee fulfills the minimum qualification
majority of all its members in a joint session, voting requirements prescribed by law. Where the validity of the
jointly. appointment is not challenged in appropriate
v. Supreme Court’s power of review – in an appropriate proceedings, the question of the competence of the
proceeding filed by any citizen to determine the public officer is beyond the pale judicial inquiry (Tañada
sufficiency of the factual basis of the proclamation, within vs. Philippine Atomic Energy Commission).
30 days from filing.
vi. Right to bail: Not impaired.
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JUDICIAL REVIEW
The power of the courts to test the validity of executive
and legislative acts in light of their conformity with the
Constitution. This is not an assertion of superiority by the
courts over the other departments, but merely an
expression of the supremacy of the Constitution (Angara
vs. Electoral Commission, 63 Phil. 139).
REQUISITES OF JUDICIAL REVIEW/INQUIRY
1. ​Actual case or controversy ​– A conflict of legal
rights, an assertion of opposite legal claims susceptible
of judicial determination.
a. The controversy must be definite and concrete
involving a real clash of adverse interests.
b. A request for advisory opinion is not actual case.
c. The issues raised must not be conjectural or
anticipatory.
d. The issues raises must not be moot and academic.
Exceptions to the mootness rule:
I. There is grave violation of the Constitution.
II. Paramount public interest because of exceptional
circumstances.
III. Court exercises symbolic function.
IV. Issues raised are capable of repetition yet evading
review.
Requisites:
1) The life of the controversy is too short to be fully
litigated prior to its termination.
2) There is reasonable expectation that the same
problem would arise again.
2. ​Raised by the proper party​.
REAL PARTY IN INTEREST
Party who is ought to be benefited or injured by the
judgment in a suit raised by the person entitled to the
avails of the suit.
A party who has sustained or is in imminent danger of
sustaining an injury as a result of the act complained of.
Samples:
a) Province has personality to question provisions
of the GAA relative to projects funded by IRA
(Province of Batangas vs. Romulo, 429 SCRA
736).
b) Legislator [senator] has standing to bring suit
for usurpation of legislative powers (Ople vs.
Torres, 293 SCRA 141).
c) Passengers of buses, trains and jeepneys in
questioning DOTC memo authorizing operators to
increase/decrease fares (KMU vs. Garcia, 239
SCRA 386).
d) Registered voters in cases involving the right of
suffrage.
e) Taxpayers in cases involving taxing or spending
powers of Congress.
Requisites:
1) Public funds are disbursed by a political subdivision or
instrumentality;
2) A law is violated or some irregularity is committed by
allegedly ​ultra vires ​act (AGLP vs. CA, 260 SCRA 250).
f) The government is a proper party to question the
validity of its own laws (P. vs. Vera, 65 Phil. 56).
NOTE: ​A party’s standing in court is a procedural
technicality which may be set aside by the court in view
of the importance of the issues involved.
• Issues of paramount interest (Kilosbayan
vs. Guingona, 232 SCRA 110).
• Issues of transcendental importance (ITF
vs. Comelec, GR No. 159139, Jan. 13, 2004).
“FACIAL CHALLENGE”
A facial challenge to a legislative act is the most difficult
challenge to mount successfully since the challenge
must establish that no set of circumstances exits under
which the act would be valid (Estrada vs.
Sandiganbayan, GR No. 148560, Nov. 19, 2001).
• This challenge operates properly in the
realm of freedom of expression.
• Take note that legislative act infringing
upon freedom of expression comes to court with a
heavy presumption of unconstitutionality.
3. ​The question must be raised at the earliest
possible opportunity​.
As a rule it must be raised in the pleadings, however –
• a) ​In criminal cases ​– the question can be
raised at any time at the discretion of the court.
• ​ at any stage if necessary
b) ​In civil cases –
for the determination of the case itself.
• c) ​At any stage ​– if the issue involves
jurisdiction of the court, except when there is
estoppel.
NOTE: ​The question of unconstitutionality may not
necessarily be raised in the pleadings if the tribunal
where the case is initially filed or pending has no
jurisdiction to resolve question of unconstitutionality.
4. The decision on the question must be the very ​lis
mota ​of the case.
Ratio: ​separation of powers demands proper respect be
accorded the other departments. The Court stressed that
it will not pass upon a question of constitutionality if the
case can be disposed of on some other ground (Mirasol
vs. CA).
Every law has in its favor the presumption of
constitutionality, and to justify its nullification, there must
be a clear and unequivocal breach of the Constitution,
and not one that is doubtful, speculative or
argumentative (Arceta vs. Mangrobang, GR No. 152895,
June 15, 2004).
DOCTRINE OF OPERATIVE FACTS ​– The general rule
is that an unconstitutional law is void. It produces no
rights, imposes no duties and affords no protection.
However, the doctrine of operative fact is an exception to
the general rule and it only applies as a matter of equity
and fair play. Under the doctrine of operative fact, the
unconstitutional law remains unconstitutional, but the
effects of the unconstitutional law, prior to its judicial
declaration of nullity, may be left undisturbed as a matter
of equity and fair play. It can never be invoked to
validate as constitutional an unconstitutional act.
JUDICIAL AND BAR COUNCIL
The Judicial and Bar Council has the principal
function of recommending appointees to the Judiciary.
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It may exercise such other functions and duties as the
Supreme Court may assign to it. (Art. VIII, sec. 8(5)).
The JBC is composed of the Chief Justice as ex
officio Chairman, the Secretary of Justice and a
representative of the Congress as ex officio Members,
a representative of the Integrated Bar, a professor of
law, a retired Member of the Supreme Court, and a
representative of the private sector. (Art. VIII,
sec. 8(1)).
The Supreme Court supervises the JBC andprovides
in the annual budget of the Court the appropriations of
the JBC. (Art. VIII, sec. 8(4)).
SEPARATION OF POWER
Note: ​The Ombudsman may not initiate or investigate a
criminal or administrative complaint before his office
against a judge; he must first indorse the case to the SC
for appropriate action (Fuentes vs. Office of the
Ombudsman, GR No. 124295, Oct. 23, 2001).
The investigation conducted by the Ombudsman
encroaches into the SC’s power of administrative
supervision over all courts and its personnel, in violation
of the doctrine of separation of powers (Maceda vs.
Vasquez, 221 SCRA 469).
CONSTITUTIONAL COMMISSIONS
RATIONAL SCHEME
The rational scheme of appointments in the COMELEC
refers to the appointment of the Commissioner and 5 of
its members not simultaneously but by intervals of every
after 2 years upon expiration of their term of office.
CIVIL SERVICE COMMISSION
CAREER SERVICE
Career Service ​– Characterized by:
i. entrance based on merit and fitness to be determined,
as far as practicable by competitive examinations, or
based on highly technical qualifications;
ii. opportunity for advancement to higher career
positions; and
iii. Security of tenure.
Note: ​The mere fact that the position belongs to the
Career Executive Service does not automatically confer
security of tenure. Such right will have to depend on the
nature of appointment which, in turn, depends on his
eligibility or lack of it. A person who does not have the
required qualifications may be appointed only in an
acting capacity, in the absence of appropriate eligibles.
The appointment cannot be regarded as permanent,
even if it is so designated (De Leon vs. CA, GR No.
127182, Jan. 22, 2001).
GOCC WITH ORIGINAL CHARTER VS GOCC
WITHOUT ORIGINAL CHARTER
1. Section 13. Article VII of the Constitution,
which prohibits the President from appointing his
spouse and relatives within the fourth degree of
consanguinity or affinity does not distinguish between
government corporations with original charters
and their subsidiaries, because the prohibition applies
to both.
2. Section 13, Article VII of the Constitution, which
prohibits Members of Congress from holding any
other office during their term without forfeiting their
seat, ​does not distinguish ​between government
corporations with original charters and their
subsidiaries, because the prohibition applies to both.
3. Section 2, Article IX-A of the Constitution, which
prohibits Members of the Constitutional Commissions
from being financially interested in any contract with
or any franchise or privilege granted by the
Government, ​does not distinguish ​between
government corporations with original charters and
their subsidiaries, because the prohibition applies to
both.
4. Section 2(1), Article IX-D of the Constitution which
provides for post audit by the Commission on audit of
government corporations, ​does not distinguish
between government corporations with original
charters and their subsidiaries, because the
provision applies to both.
5. Section 5, Article IX-B of the Constitution, which
provides for the standardization of the compensation
of government officials and employees, ​distinguishes
between government corporations and their
subsidiaries, for the provision applies only to
government corporations with original charters.
REMOVAL FROM OFFICE OF OFFICERS AND
EMPLOYEES IN CIVIL SERVICE
Under Art. IX-B. Sec. 2(3) of the Constitution, officers
and employees in the Civil Service may only be
removed for cause as provided by law and after
observance of due process. Their removal must be
effected by the appropriate disciplinary authority in
accordance with Ch. 7 secs. 47-48 of Book V of the
Administrative Code of 1987 and the Civil Rules and
Regulations.
SECURITY OF TENURE
There is no such thing as an absolute right to hold office.
Except those who hold constitutional offices which
provide for special immunity as regards salary and
tenure, no one can be said to have vested right to office
or salary. When loss of public position or office is due to
the exercise of the power of the President to regorganize
the executive department, then such is valid and there is
no violation of security of tenure. (Banda v. Ermita, GR.
166620 April 20, 2010)
COMELEC
GRANT OF PARDON
The Constitution requires recommendation from the
COMELEC before the President may grant executive
clemency for offenses violating election laws.
JURISDICTION
Jurisdiction to entertain petition to declare failure of
election: ​The COMELEC, sitting en banc, motu proprio
or upon a verified petition, and with a hearing summary
in nature.
A law granting the COMELEC jurisdiction over
inclusion and exclusion cases is unconstitutional.
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Under Section 2(3), Article IXC of the Constitution, the
COMELEC cannot decide the right to vote, which
refers to the inclusion and exclusion of voters. Under
Section 2(6), Article IX-C of the Constitution, it can
only file petitions in court for inclusion or exclusion of
voters.
The COMELEC shall have exclusive jurisdiction over all
–pre-proclamation controversies [sec. 242, BP 881]. The
possibility of conflict of jurisdiction between the
COMELEC and the HRET and SET regarding contests
involving congressional elections has been foreclosed by
sec. 15, RA 7166, which prohibits pre-proclamation
controversies in national offices, except of questions
involving the composition and proceedings of the Board
of Canvassers. Besides, see Aquino vs. COMELEC,
supra, which delineated the jurisdictional boundaries
between COMELEC and the Electoral Tribunals.
▪ ​However, the COMELEC is without authority to
partially or totally annul a proclamation or to suspend the
effects of a proclamation without notice and hearing, as
this would violate due process clause (Bince vs.
COMELEC, 218 SCRA 782).
▪ ​In the exercise of its exclusive appellate jurisdiction,
the COMELEC has the power to issue writs of
prohibition, mandamus and certiorari because of the last
part of sec. 50, BP 697, and not had not been repealed
by BP 881 (Relampagos vs. Cumba, 243 SCRA 690).
EXCLUSIVE APPELLATE JURISDICTION
RA 6679, in so far as its grants appellate jurisdiction to
the RTC over decisions of MTCs and/or MeTCs in
electoral cases involving elective barangay officials is
unconstitutional (Flores vs. COMELEC, 184 SCRA 484).
Note: ​Under the COMELEC Rules of Procedure, the
mere filing of the notice of appeal is not enough; it
should be accompanied by payment of the correct
amount of appeal fee, in order that the appeal may be
deemed perfected. However, the rule is merely
permissive. The COMELEC may refuse to take action
until the docket fees are paid or outrightly dismissed the
case (Sunga vs. COMELEC, 288 SCRA 76).
JUDICIAL REVIEW OF DECISIONS
Only decisions of the COMELEC en banc may be
brought to the SC on certiorari.
▪ ​Only decisions of the COMELEC made in the exercise
of adjudicatory or quasi-judicial power may be brought to
the SC. Indeed, determinations made by the COMELEC
which are merely administrative in character, may be
challenged in an ordinary action before trial courts
(Filipinas Engineering vs. Ferrer, 135 SCRA 25).
ELECTION LAWS
SECOND PLACER RULE
A distinction should be delineated as to when the finality
of judgment disqualifying the candidate took effect. If the
disqualification is already final and executory before the
day of the election, the Doctrine of Rejection of the
Second Placer will not apply. The candidate obtaining
the 2​nd ​highest number of votes shall be proclaimed the
winner. The votes cast for the winning bitdisqualified
candidate shall be considered stray votes.
However, if the disqualification is not yet final and executory
on the day of the election, the candidate obtaining the 2​nd
highest number of votes cannot be declared as the winner. To
do so would be to disenfranchise the will of the electorate.
The rules on succession to vacancy in elective office will apply
instead.
GROUNDS FOR DISQUALIFICATIONS
DISQUALIFICATIONS:
A. ​Under the OEC [BP 881, sec. 12] ​–
1) Declared as incompetent or insane by competent
authority.
2) Sentenced by final judgment for subversion (no more
crime of subversion- already repealed), insurrection,
rebellion or any offense for which he has been
sentenced to a penalty of more than 18 months of
imprisonment.
3) Sentenced by final judgment for a crime involving
moral turpitude.
• Violation of BP 22 (Villaber vs. COMELEC, GR
No. 148326, Nov. 15, 2001).
• Violation of Anti-Fencing Law (De la Torre vs.
COEMLEC, 258 SCRA 483).
4) A person who is a permanent resident of or an
immigrant to a foreign country.
• The “green card” is an ample proof that the
holder thereof is a permanent resident of, or an
immigrant of to the US (Caasi vs. COMELEC, 191 SCRA
229).
B. Under the LGC -
Section 40. ​Disqualifications. ​- The following
persons are disqualified from running for any
elective local position:
(a) ​Those sentenced by final judgment for
an offense involving moral turpitude or for
an offense punishable by one (1) year or
more of imprisonment, within two (2) years
after serving sentence;
• Note: ​Even if the candidate is under probation,
the disqualification still subsists, because the effect of
the probation is only to suspend the implementation of
the sentence [not the fact of being convicted with an
offense involving moral turpitude] (De La Torre,
COMELEC, supra.)
• However: ​Those who have not served their
sentence by reason of the grant of probation which
should not be equated with service of sentence, should
not likewise be disqualified from running for a local
elective office because the 2-year period of ineligibility
does not even begin to run [during the period of
probation] (Moreno vs. COMELEC, GR No. 168550,
Aug. 10, 2006).
•
(b) ​Those removed from office as a result of
an administrative case;
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• Note: ​an elective local official who was removed
from office as a result of an administrative case prior to
Jan. 1, 1992 [the effectivity of LGC], is not disqualified
from running for an elective local public office because
the sec. 40 cannot be given retroactive effect (Grego vs.
COEMELEC, GR No. 125955, June 19, 1997).
• A municipal mayor who had been ordered
removed from office by the SP, was disqualified despite
his allegation that the decision is not yet final [and
executory] because he had not received a copy of the
decision, inasmuch as it is shown that he merely refused
to accept delivery of the copy of the decision (Reyes vs.
COMELEC, 254 SCRA 514).
(c) ​Those convicted by final judgment for
violating the oath of allegiance to the
Republic;
(d) Those with dual citizenship;
• Note: ​Just connect to topic on citizenship and
see Mercado vs. Manzano, 307 SCRA 630).
• In the absence of any official action or approval
by the proper authorities, a mere application for
repatriation, does not, and cannot amount to an
automatic reacquisition of applicant’s Philippine
citizenship (Labo vs. COMELEC, GR No. 105111, July
3, 1992).
• The “oath of allegiance” contained in the COC,
which is substantially similar to the one contained in sec.
3, of RA 9225 [The Citizenship Retention and
Reacquisition Act], does not constitute the personal and
sworn renunciation sought under sec. 5[2], RA 9225.
The renunciation of foreign citizenship is an additional
requisite only for those retained or reacquired Philippine
citizenship under RA 9225 and who seek elective public
posts, considering their special circumstance of having
one citizenship (De Guzman vs. COMELEC, GR No.
180048, June 19, 2009).
(e) ​Fugitives from justice in criminal or
non-political cases here or abroad;
• Note: ​Fugitives from justice “includes not only
those who flee after conviction to avoid punishment, but
likewise those, who after being charged, flee to avoid
prosecution”. Because the arrival in the Philippines from
the US preceded the filing of felony complaint in LA
Court by almost 5 months, Rodriguez cannot be
considered a fugitive from justice (Rodriguez vs.
COMELEC, GR No. 120099, July 24, 1996).
(f) Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivity of this Code; and
• Note: ​see Caasi vs. COMELEC, supra.
(g) ​The insane or feeble-minded​.
EFFECT OF FILING CERTIFICATE OF CANDIDACY
APPOINTIVE AND ELECTIVE OFFICE
Section 66, BP 881. Candidates holding appointive office or
positions. ​- Any person holding a public appointive office or
position, including active members of the Armed Forces of
the Philippines, and officers and employees in
government-owned or controlled corporations, shall be
considered ipso facto resigned from his office upon the filing
of his certificate of candidacy.
ELECTION PROTEST
Jurisdiction Over Election Contests:
A. ​Original and Exclusive ​–
1) President/Vice-President – Supreme Court en banc
acting as Presidential Electoral Tribunal (PET)
2) Senator –Senate Electoral Tribunal (SET).
3) Representative – House of Representatives Electoral
Tribunal (HRET).
4) Regional/Provincial/City – COMELEC.
5) Municipal – RTC.
6) Barangay – MTC, MeTC, MCTC
7) Sangguniang Kabataan - .DILG (Alunan vs. Mirasol,
GR No. 108399, July 31, 1997).
• In the absence of any express provision in the
governing law, it is the RTC, which has jurisdiction over
controversies involving election of members of the SK
(Mercado vs. Board of Election Inspectors, GR No.
109713, April 6, 1995).
B. ​Appellate Jurisdiction ​–
1) From RTC/MTC – appeal shall be made exclusively to
the COMELEC, whose decision shall be final and
unappeasable.
▪ ​Period to Appeal: 5 days from promulgation or receipt
of a copy of the decision.
▪ ​The filing of a MR is a prohibited pleading and does
not interrupt the running of the 5-day period (Veloria vs.
Garcia, 211 SCRA 907).
▪ ​The RTC/MTC has the competence to order execution
of its decision pending appeal, it being a judicial
prerogative and there being no law dis-authorizing the
same (Garcia vs. De Jesus, 206 SCRA 779).
▪ ​In the exercise of its exclusive appellate jurisdiction,
the COMELEC has the power to issue writs of certiorari,
prohibition and mandamus under sec. 50 of BP 697, it
being not amended by BP 881 (Relampagos vs. Cumba,
243 SCRA 502).
▪ ​The provision of RA 6679, granting appellate
jurisdiction to the RTC over decisions of MTC in electoral
cases involving barangay officials is
unconstitutional (Flores vs. COMELC, 184 SCRA 484).
▪ ​Galang Doctrine ​[Galang vs. Geronimo]
A petition for certiorari questioning an interlocutory order
of a trial court in an electoral protest is within the
appellate jurisdiction of the COMELEC (Ceriaco Bulilis
vs. Victorino Nuez, GR No. 195953, Aug. 9, 2011).
▪ ​The fact that decisions, final orders or rulings of the
COMELEC in appealed cases involving municipal and
barangay officials are final [and executory] and
unappealable does not preclude a recourse to the SC by
way of a special civil action for certiorari (Galido vs.
COMELEC, 193 SCRA 78).
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2) Decisions, rulings of the COMELEC division are
subject to Motion for Reconsideration to be resolved by
the COMELEC en banc.
3) Decisions, ruling, final orders of the COMELEC en
banc is reviewable via Petition for CPM within 30 days
from notice of the decision, etc (see Rule 64, Rules of
Court in Remedial Law Reviewer.
4) Decisions of the Electoral Tribunals, except the PET,
are not appealable but may be subject of review by the
SC via Rule 65 (petition for CPM).
PRE-PROCLAMATION CONTEST
A pre-proclamation controversy refers to any
question pertaining to or affecting the
proceedings of the board of canvassers which
may be raised by any candidate or by any
registered political party or coalition of political
parties before the board or directly with the
Commission, or any matter raised under Sections
233, 234, 235 and 236 in relation to the
preparation, transmission, receipt, custody and
appreciation of the election returns.
PURPOSE: ​To prevent the nefarious practice known as
“grab the proclamation, prolong the protest.”
COMELEC Rules of Procedure on Disputes in
Automated Election System ​(Resolution No. 8804,
March 22, 2010)
Shall apply to election disputes under the AES using the
PCOS and shall cover pre-proclamation controversies
and election protests.
Application of the Rules of Court, and other related
rules: ​The COMELEC Rules of Procedure, the Rules of
Court, and the Rules on Electronic Evidence shall apply
by analogy, or in suppletory character, and whenever
necessary, practicable and convenient (sec. 3, Rule 1).
Issues that may be raised under sec. 1, COMELEC
Resolution No. 8804:
1. Illegal Composition of the BOC.
▪ ​Exists when, among other similar circumstances, any
of the members do not possess legal qualifications and
appointments. The information technology capable
person required to assist the BOC by RA 9369 shall be
included as among those whose lack of qualifications
may be questioned (sec. 1, Rule 4).
2. Illegal proceedings of the BOC
▪ ​It exists when the canvassing is a sham or a mere
ceremony, the results of which are pre-determined and
manipulated as when any of the following circumstances
are present –
a) precipitate canvassing;
b) terrorism;
c) lack of sufficient notice to the members of the BOCs;
or
d) Improper venue (sec. 2, Rule 4).
Note: ​The basis of the canvass shall be the
electronically transmitted results.
No pre-proclamation cases in election of national officials
RECALL
Termination of official relationship for loss of confidence prior
to the expiration of his term through the will of the people.
THREE-TERM LIMIT
As held in Borja vs. COMELEC, 295 SCRA157(1996),
in computing the three-term limitation imposed upon
elective local officials, only the term for which he was
elected to should be considered. The term which he
served as a result of succession should not be
included. It is not enough that the official has served
three consecutive terms. He must have been elected
to the same position three consecutive times.
Three-term limit applies when same territorial
jurisdiction is involved but there is change from
classification like a municipality change to city.
The 1987 Constitution specifically included an
exception to the people's freedom to choose those
who will govern them in order to avoid the evil of a
single person accumulating excessive power over a
particular territorial jurisdiction as a result of a
prolonged stay in the same office. (Latasa v.
COMELEC, G.R. No. 154829, December 10,
2003)
COMMISSION ON AUDIT
JURISDICTION
Jurisdiction over GOCCs:
The Constitution vets in the COA audit jurisdiction over
government owned and controlled corporations
{GOCCs] with original charters as well as GOCCs
without original charters. GOCCs with original charters
are subject to COA pre-audit while GOCCs without
original charters are subject to COA post-audit. GOCCs
without original charters refer to corporations created
under the Corporation Code but are owned or controlled
by the government. The nature or purpose of the
corporation is not material in determining COA’s audit
jurisdiction. Neither is the manner of creation of a
corporation, whether under a general or special law. The
determining factor of COA’s audit jurisdiction is
government ownership or control of the corporation
(Feleciano vs. COA, GR No. 147402, Jan. 14, 2004).
Note: ​The Court already ruled in several cases that a
water district is a GOCC with a special charter since it is
created under a special law, PD 198. Thus, water
districts are subject to the jurisdiction of the COA GR No.
149154, June 10, 2003).
• The PAL, having ceased to be a GOCC, is no
longer under the audit jurisdiction of the COA (Philippine
Airlines vs. COA, 245 SCRA 39).
Jurisdiction Over LGUs
LGUs, though granted local fiscal autonomy, are still
within the audit jurisdiction of the COA, (Veloso vs. COA,
GR No. 193677, Sept. 6, 2011).
Jurisdiction Over Coconut Levy Funds
Following the mandate of the COA and the parameters
set forth by the foregoing provisions, it is clear that it has
jurisdiction over coconut levy funds, being special public
funds. Conversely, the COA has the power, authority
and duty to examine, audit and settle all accounts
pertaining to the coconut levy funds and consequently,
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to the UCPB shares purchased using said funds.
However, declaring the said funds as partaking the
nature of private funds, ergo subject to private
appropriation, removes them from the coffer of the public
funds of the government, and consequently renders
them impervious to the COA audit jurisdiction. Clearly,
the pertinent provisions of PD Nos. 961 and 1468 divest
the COA of its constitutionally mandated function and
undermine its constitutional independence. Accordingly,
article III, sec. 5 of both PD Nos. 961 and 1468 must be
struch down for being unconstitutional (Philippine
Coconut Producers Federation vs. Republic, GR Nos.
177857-58 & 178193, Jan. 24, 2012).
MONEY CLAIM
Under Section 2(1) IX-D of the Constitution, the
Commission on Audit has the authority to settle all
accounts pertaining to expenditure of public funds.
ACCOUNTABILITY OF PUBLIC OFFICERS
PREVENTIVE SUSPENSION
Under sec. 24, RA 6770, the Ombudsman or his deputy
is authorized to preventively suspend any officer or
employee under his authority pending an investigation
irrespective of whether such officer or employee is
employed in the office of the Ombudsman or in any other
government agency (Buenaseda vs. Flavier, 226 SCRA
645).
Requisites:
i i. The charge against the officer or employee
should involve dishonesty, oppression or grave
misconduct or neglect in the performance of duty;
ii ii. That the charge/s should warrant removal
from the service;
iii iii. The respondent’s continued stay in office
would prejudice the case filed against him.
Duration: ​[Not to exceed] 6 months.
Under secs. 11 and 15, RA 6770, the Ombudsman is
clothed with the authority to conduct PI and to prosecute
all criminal cases involving public officers and
employees, not only those within the jurisdiction of the
Sandiganbayan, but those within the jurisdiction of the
regular courts as well (Uy vs. Sandiganbayan, GR No.
105965-70, March 20, 2001).
Two Kinds of Preventive Suspension in Relation to
the Right to Salary:
a) ​Preventive suspension pending investigation. ​Not
entitled to salary, even if he is exonerated, because in
order to be entitled to payment of back salaries, it is not
enough that an employee be exonerated, in addition, it
must be shown that his suspension is unjustified. But
under the CSL, preventive suspension of civil service
employees charged with dishonesty, oppression, grave
misconduct or neglect of duty, is authorized. Thus, even
if the charges are dismissed later, the suspension is not
unjustified (sec. 51, Book V, Title I, Subtitle A,
Administrative Code of 1987).
b) ​Preventive suspension pending appeal​. When the
penalty imposed by the disciplining authority is
suspension, or dismissal, and after review, the
respondent is exonerated, he is entitled not only to
reinstatement but also to back salaries for the period of
preventive suspension pending appeal [sec 47, Ibid.]
(Gloria vs. CA, supra).
DE FACTO ​OFFICERS
One who has the reputation of being the officer that he
assumes to be, and yet is not good officer in point of law. He
must have acted as an officer for such length of time, under
color of title and under such circumstances of reputation or
acquiescence of the public and public authorities, as to afford
a presumption of election or appointment, and induce
people, without inquiry, and relying on the supposition that
he is the officer he assumes to be.
IMPEACHMENT
A national inquest into the conduct of public men. A
method by which persons holding government positions
of high authority, prestige and dignity and with definite
tenure may be removed from office for causes closely
related to their conduct as public officials.
IMPEACHABLE OFFICERS [exclusive]
i. President;
ii. Vice-President;
iii. Chief Justice and Associate Justices of the Supreme
Court;
iv. Chairmen and members of Constitutional
Commissions;
v. The Ombudsman.
GROUNDS [exclusive]
i. Culpable violation of the Constitution;
ii. Treason;
iii. Bribery;
iv. Graft and corruption;
v. Betrayal of public trust; and
vi. Other high crimes.
Note: ​An impeachable officer who is a member of the
Bar cannot be disbarred without first being impeached
(Jarque vs. Desierto, 250 SCRA 11).
NATIONAL ECONOMY AND PATRIMONY
ACQUISITION OF LAND: CITIZENSHIP ISSUE
LEASE OF PUBLIC LAND
Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations
may not hold such alienable lands of the public domain
except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years,
and not to exceed one thousand hectares in area.
GR: ​No private land shall be transferred or conveyed
except to individuals, corporations or associations
qualified to acquire or hold lands of public domain.
Exceptions:
a. Hereditary succession. – Foreigners who inherent
through intestate succession.
Refers only to intestate succession (Ramirez vs. Vda.
De Ramirez, 111 SCRA 704).
b. Former natural-born citizens (sec. 8, Art. XII)–
Under BP 185, as amended by RA 8179,
i. 5,000 sqm. for urban land –
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ii. 3 hectares for rural land.
• The land may be used for business and for any
other purposes like residential, etc.
• c. Americans [under the Parity Amendment]
holding valid title as against private persons.
Thus, although an American cannot acquire private
lands [as the Amendment refers only to agricultural,
mineral and timber lands of the public domain and
natural resources] under the Parity Amendment, a
previous owner may no longer recover from an American
buyer who succeeded in obtaining title over the land. It is
only the State through the institution of escheat
proceedings or through an action for reversion (Republic
vs. Quasha, 46 SCRA 160).
• d. Ownership in condominium units to certain
allowable participation of aliens.
• e. Those with dual citizenship under RA 9225.
ENGAGEMENT OF BUSINESS AND PROFESSION
Art. XII, Sec. 14 provides that the practice of all
professions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law.
Here the treaty has the force of law.
EXPLORATION AND DEVELOPMENT OF NATURAL
RESOURCES (MINERALS)
The President may enter into agreements with
foreign-owned corporations involving either
technical or financial assistance for large-scale
exploration, development, and utilization of
minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions to
the economic growth and general welfare of the
country. In such agreements, the State shall
promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every
contract entered into
EEZ RESERVED EXCLUSIVELY TO FILIPINO
CITIZEN
The State shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea, and ​Exclusive
Economic Zone​, and reserve its use and enjoyment
exclusively to Filipino citizens.
OWNERSHIP PUBLIC UTILITIES (60-40 RULE)
MASS MEDIA (100%)
ADVERTISING (70%)
SOCIAL JUSTICE LAW AND HUMAN RIGHTS
SOCIAL JUSTICE
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.
Social justice means the promotion of the welfare of all
people, the adoption by the government of measures
calculated to ensure economic stability of all component
elements of the society through the maintenance of
proper economic and social equilibrium in the
interrelations of the members of the community,
constitutionally, through the adoption of measures legally
justifiable, or extra constitutionally, through the exercise
of powers underlying the existence of all governments,
on the time honored principle of ​salus populi est
suprema lex (​ Calalang vs. Williams, GR No. 47800, Dec.
2, 1940)
COMMISSION ON HUMAN RIGHTS
• The CHR has no jurisdiction or adjudicatory
powers over certain specific types of cases, like alleged
human rights violations involving civil and political rights.
(Cariño vs. CHR, GR No. 96681, Dec. 2, 1991).
• Having merely the power to investigate, the
CHR cannot and should not try and resolve on the merits
the matters involved in striking teachers case.
CHR HAS NO POWER TO ISSUE TRO
In ​Simon vs. Commission on Human Rights,​ 229
SCRA 117. the Court held that the Commission on
Human Rights has no power to issue a restraining
order or a writ of injunction and has no power to cite
for contempt for violation of the restraining order or a
writ of preliminary injunction.
RIGHTS OF LABORER: STRIKE
Art. XIII. sec. 3 of the Constitution guarantees the
right of all workers to engage in peaceful concerted
activities, including the right to strike in accordance
with law.
EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS
ACADEMIC FREEDOM: FLAG SALUTE; FREEDOM
OF RELIGION
From the standpoint of the educational institution: The
freedom of the university to determine –
i. Who may teach;
ii. What may be taught;
iii. How shall it be thought; and
iv. Who may be admitted to the study.
According to ​Reyes v. Court of Appeals,​ 194 SCRA
402, academic freedom is the freedom of a faculty
member to pursue his studies in his particular
specialty and thereafter to make known or publish the
result of his endeavors without fear that retribution
would be visited on him in the event that his
conclusions are found distasteful or objectionable by
the powers that be, whether in the political, economic,
or academic establishments.
As held in ​Ebralinag v. The Division Superintendent of
Schools of Cebu. ​219 SCRA 256 [1993], to compel
students to take part in the flag ceremony when it is
against their religious beliefs will violate their religious
freedom. Their expulsion also violates the duty of the
State under Article XIV, Section 1 of the Constitution
to protect and promote the right of all citizens to
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quality education and make such education
accessible to all.
Under Section 3(3), Article XIV of the Constitution, at
the option expressed in writing by the parents or
guardians, religion shall be allowed to be taught to
their children or wards in public elementary and high
schools within the regular class hours by instructors
designated or approved by the religious authorities to
which the children or wards belong, without additional
cost to the Government.
RIGHT TO CHOOSE PROFESSION
Under Section 5(3), ​Article XIV of the Constitution,
the right to choose a profession is subject to fair,
reasonable and equitable admission and academic
requirements. The rule does not violate equal
protection. As held in Department of Education,
Culture and Sports v. San Diego,180 SCRA 533
(1989), the five-strike rule is a valid exercise of police
power to ensure that those admitted to the medical
profession are qualified.
​ CADEMIC REQUIREMENTS must always be
A units shall, as much as possible, be settled
scrutinized under Equal Protection Clause and
Police power of the state
AMENDMENT AND REVISION
AMENDMENT VS REVISION
Amendment Revision
Broadly refers to a Broadly implies a
change that adds, change that alters a
reduces, deleted, basic principle in the
without altering the Constitution. There is
basic principle involved also revision if the
change alters the
substantial entirety of
the Constitution
Generally affects only Generally affects
the specific provision several provisions of
being amended the Constitution
Tests applied to determine whether the proposal
was a revision of amendment:
a. ​Quantitative Test ​– whether the proposed change is
so extensive in its provisions as to change directly the
“substance entirety” of the Constitution by the deletion or
alteration of numerous provisions. The Court examines
only the number of provisions and not the degree of
change.
b. ​Qualitative Test ​– whether change will accomplish
such far-reaching changes in the nature of our basic
governmental plan as to amount to a revision.
Note: ​Revision of the Constitution cannot be effected
through initiative and referendum.
Reason: ​Formulation of provisions revising the Constitution
requires both cooperation and debate which can only be
done through a collegial body (Bernas, 2011).
INITIATIVE AND REFERENDUM
Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of
at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented
by at least three per centum of the registered voters therein.
LOCAL GOVERNMENT CODE
FOR THE POLICE POWER, EMINENT DOMAIN AND
LOCAL TAXATION, refer discussion supra
VALIDITY OF ORDINANCE
Requisites for a valid ordinance ​(Magtajas vs. Pryce,
GR No. 111097, July 20, 1994) –
i. Must not contravene the Constitution or any statute;
ii. Must not be unfair or oppressive;
iii. Must not be partial or discriminatory;
iv. Must not prohibit, but may regulate trade;
v. Must not be unreasonable;
vi. Must be general in application and consistent with the
public policy.
BOUNDARY DISPUTE
Section 118. ​Jurisdictional Responsibility for
Settlement of Boundary Dispute. ​- Boundary
disputes between and among local government
amicably. To this end:
(a) Boundary disputes involving two (2) or more
barangays in the same city or municipality shall
be referred for settlement to the sangguniang
panlungsod or sangguniang bayan concerned.
(b) Boundary disputes involving two (2) or more
municipalities within the same province shall be
referred for settlement to the sangguniang
panlalawigan concerned.
Note: ​The power of the SP to settle boundary disputes is
limited to implementing the law creating the municipality,
and any alteration of boundaries not in accordance with
the law would exceed this authority (Municipality of
Jimenez vs. Borja, 265 SCRA 182).
(c) Boundary disputes involving municipalities or
component cities of different provinces shall be
jointly referred for settlement to the sanggunians
of the province concerned.
(d) Boundary disputes involving a component city
or municipality on the one hand and a highly
urbanized city on the other, or two (2) or more
highly urbanized ​cities, shall be jointly referred
for settlement to the respective sanggunians of
the parties.
(e) In the event the sanggunian fails to effect an
amicable settlement within sixty (60) days from
the date the dispute was referred thereto, it shall
issue a certification to that effect. Thereafter, the
dispute shall be formally tried by the sanggunian
concerned which shall decide the issue within
sixty (60) days from the date of the certification
referred to above.
PUBLIC INTERNATIONAL LAW
DEPLOMATIC IMMUNITY
Duration of Immunities/Privileges:
The privileges are enjoyed from the moment he enters
the territory of the receiving state and shall cease only
the moment he leaves the country, or on expiry of a
reasonable time in which to do so; although with respect
to official acts, immunity shall continue indefinitely.
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These privileges are available even in transit, when interest in bringing pursuant to its own
traveling through a third State on way to or from the someone to justice interest
receiving state. Generally exists only by An inherent right of the
Treaty stipulation State as a sovereign
The alien is brought only He may be brought, not
Waiver of Immunities to the requesting State necessarily to his own
Diplomatic privileges may be waived, but as a rule, the waiver State, but to any State
cannot be made by the individual concerned since such willing to accept him.
immunities are not personal to him. Waiver may be made
only by the government of the sending State if it concerns INTERNATIONAL COURT OF JUSTICE:
immunities of the head of the mission; in other cases, the JURISDICTION
waiver may be made either by the government or by the chief
of the mission. International Criminal International Court
Court [ICC] of Justice [ICJ]
EXECUTIVE AGREEMENTS (supra) As to Nature of jurisdiction
TREATIES (supra) Has criminal jurisdiction to Does not have
prosecute individuals criminal jurisdiction to
EXTRADITION VS DEPORTATION prosecute individuals
EXTRADITION As to Parties
Is the surrender of a person by one State to another State To prosecute individuals It is a civil tribunal that
where he is wanted for prosecution, or if already convicted, for genocide, Crimes deals primarily with
for punishment. against humanity, war disputes between
Fundamental Principles: crimes and the crime of Sates
a. ​Based on consent​, as expressed in a treaty or aggression
manifested as an act of goodwill. As to Independence from UN
b. ​Principle of Specialty ​– A fugitive who is extradited The ICC is independent of The ICJ is a principal
may be tried only for the crime specified in the request the UN judicial organ of the
for extradition and is included in the list of offenses in the UN
extradition treaty. As to Nature of the Tribunal
Criminal tribunal Civil tribunal
Non-list type extradition treaties​: Offenses punishable under
the law of both States by imprisonment of one year or more MUNICIPAL LAW VS. INTERNATIONAL LAW
are included among the extraditable offenses. RULES IN CASE OF CONFLICT BETWEEN
INTERNATIONAL LAW AND MUNICIPAL LAW
c. Political and religious offenders are generally not A. ​International Court/Body deciding ​– International
subject to extradition. Law should prevail.
Attentat ​Clause: ​The murder of the head of State or any
member of his family is not to be regarded as a political B. ​Domestic Court deciding ​– efforts should first be
offense, neither is genocide. exerted to harmonize the seemingly conflicting laws. As
d. The offense must have been committed within the a rule, municipal law prevails. Ratio: Police power
territory or against the interest of the demanding State. cannot be bargained away through a medium of a treaty
or contract (Ichong vs. Hernandez, 101 Phil. 115.
e. ​The Double Criminality Rule: ​The act for which the
extradition is sought must be punishable in both the Above is, however, subject to the following modifications
requesting and the requested State. – (Review Lecture)
a) Conflict between Constitution and ​jus cogens ​norm –
EXPULSION or DEPORTATION ​– may be predicated on the jus cogens p ​ revails. No derogation is allowed.
ground that the stay of the alien constitutes a menace to the b) Conflict between Constitution and ​jus dispositivum -​
security of the State or that his entry was illegal, or that the Constitution prevails.
permission to stay has expired, or that he has violated any c) Conflict between Constitution and Treaty based on ​jus
limitation or condition prescribed for his admission and dispositivum ​– Constitution prevails.
continued stay. d) Statute and Norm of International law –
EXTRADITION DEPORTATION i. Statue vs. ​jus cogens ​norm – ​jus cogens ​prevails.
​ apply the rule on ​lex
ii. Statute vs. ​jus dispositivum –
Is the surrender of a Is the expulsion of an
posterior derogat priori a ​ nd the general and special law
person by one State to alien considered
rule.
another State where he is undesirable by the
wanted for prosecution, local State
That is, the later law governs and that special law
or if already convicted, for
prevails over general law dealing on the same subject
punishment.
matter.
The Surrender is Deportation is a
generally at the request unilateral act of the
SOVEREIGN IMMUNITY OF STATES (supra)
of the State where he is local State
wanted for prosecution or
PRINCIPLE OF NON-INTERVENTION
punishment
Each state is sovereign and equal. It is a generally accepted
At the instance of the At the instance of the
requesting State for its local State made principle not to intervene with the affairs of other
co-equal states.
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SELF-DEFENSE
International law on self-defense cannot assume the
nature of war. War requires "a declaration of war
giving reasons" under the Hague Convention II of
1907. Waging was as an instrument of national law is
prohibited by the Pact of Paris of 1928.
DOCTRINE OF AUTO-LIMITATION (supra)
DOCTRINE OF INCORPORATION (supra)
ADMINISTRATIVE LAW
EXHAUSTION OF ADMINISTRATIVE REMEDIES
Whenever there is an available administrative remedy
provided by law, no judicial recourse can be made until all
such remedies have been availed of and exhausted.
Note: ​The Doctrine, however, applies only when the
administrative agency renders a decision or order in the
exercise of adjudicatory function (APCD vs. PCA, GR
No. 110526, Feb. 10, 1998).
▪ ​Thus, where the assailed is the validity of a rule or
regulation is in the performance of quasi-legislative
function, regular courts [RTC, in an action for declaratory
relief] have jurisdiction to pass upon the same (Smart
Tel. vs. NTC, GR No. 151908, Aug 12, 2003).
Exceptions to the Doctrine Exhaustion of
Administrative Remedies
1. Doctrine of qualified political agency;
2. Where the administrative remedy is fruitless – like suit
for recovery of title to office must be instituted within one
year from illegal ouster, otherwise the action prescribes.
3. Where the issue involved is purely legal question;
4. Where the administrative action is patently illegal,
amounting to lack or excess of jurisdiction;
5. Where there is unreasonable delay or official inaction;
6. When there is estoppel on the part of the
administrative agency;
7. When there is irreparable injury or threat thereof;
8. In land cases, where the subject matter is a private
land;
9. Where the law does not make exhaustion a condition
precedent to judicial recourse;
10. Where the observance of the doctrine will result in
the nullification of the claim;
11. Where there are special reasons or circumstances
demanding immediate court action;
12. When there is violation of due process of law;
13. When the rule does not provide a plain, speedy and
adequate remedy.
DOCTRINE OF PRIOR RESORT [aka Doctrine of
Primary Jurisdiction]
Where there is competence or jurisdiction vested upon
an administrative body to act upon a matter, no resort to
the courts may be made before such administrative body
shall have acted upon the matter.
The courts cannot and will not resolve a controversy
involving a question which is within the jurisdiction of an
administrative tribunal, where the question demands the
exercise of sound administrative discretion requiring
special knowledge, experience and services of the
administrative tribunal to determine technical and
intricate matters.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION
BASES FOR JUDICIAL REVIEW
1. The Constitution – like sec. 7, Art. IX-A.
2. Statutes – BP 129, in relation to Rule 43, ROC.
3. General principles of law.
There is an underlying power in the Courts to scrutinize the
acts of administrative agencies on questions of law and
jurisdiction although no right of review is given by statute. It
is designed to keep the administrative agency within its
jurisdiction and to protect substantial rights of parties
affected by its decisions. It is part of the system of checks and
balances (San Miguel Corporation, vs. Sec. of Labor, 1975).
What Court Has Jurisdiction:
The Court of Appeals
• See Rule 43, Rules of Court.
• But Rule 43 applies only when the
administrative body is exercising in its quasi-judicial
power and not purely executive.
Note: ​When the law provides for an appeal to the SC or to the
CA, it means that such bodies are co-equal with the RTC, in
terms of rank and stature, and logically, beyond the control of
the latter. It bears stressing that this doctrine of
non-interference by trial courts with co-equal administrative
bodies is intended to ensure judicial stability in the
administration of justice whereby the judgment of a court of
competent jurisdiction may not be opened, modified, or
vacated by any court of concurrent jurisdiction.
ADMINISTRATIVE DUE PROCESS
ADMINISTRATIVE DUE PROCESS ​(Ang Tibay vs. CIR,
69 Phil. 635)
1. The right to a hearing, which includes the right to
present one’s case and submit evidence in support
thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself;
4. The evidence must be substantial;
5. The decision must be rendered on the evidence
presented at the hearing, or at least contained in the
record and disclosed to the parties;
6. The tribunal or any of its judges must act on its own
independent consideration of the facts and the law of the
controversy and not simply accept the views of a
subordinated in arriving at a decision; and
7. The board or body should, in controversial questions,
render its decision in such a manner that the parties to
the proceeding will know the various issues involved,
and the reasons for the decision.
Requisites for a Valid Appointment
1) The appointing authority must be vested with the
power to appoint at the time appointment is made;
2) The appointee should possess all the qualifications
including appropriate civil service eligibility and none of
the disqualifications;
3) The position is vacant;
4) The appointment has been approved by the CSC [or
confirmed by the Commission on Appointments, when
required];
5) The appointee accepts the appointment by taking the
oath and entering into discharge of duty (Garces vs. CA,
GR No. 114795, July 17, 1996).
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“Believe that all your dreams will come

true. You will be rewarded of your
hardwork and devotion by the will of the
Greatest, the Supreme and Divine.”

-​Atty. Genesis M. Auza

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